Wisconsin Legislature: Register541

Subchapter I – General

PSC 2.01 Applicability
PSC 2.02 Definitions
PSC 2.03 Computation of Time and Time Limits
PSC 2.04 Filing and Service
PSC 2.05 Requests to Open Dockets
PSC 2.06 Notices
PSC 2.07 Application for Rate Increase; Notice to Customers
PSC 2.08 Abandonment or Discontinuance of Service
PSC 2.10 Confidential Status

Subchapter II – Proceedings

PSC 2.20 Parties and Role of Commission Staff and Administrative Law Judge
PSC 2.21 Intervention
PSC 2.22 Motions
PSC 2.23 Discovery
PSC 2.24 Synopsis or Summary of the Evidence
PSC 2.25 Interlocutory Orders of the Commission
PSC 2.26 Reopening

Subchapter I – General

PSC 2.01 Applicability. This chapter establishes the rules of practice and procedure in PSC investigations, proceedings and other dockets. Portions of this chapter also apply generally to matters such as filing (including filing with a request for confidentiality) computation of time and other administrative matters whether or not in dockets. Where a statute or rule prescribes a particular process for certain kinds of matters, that process shall apply wherever inconsistent with this chapter.

NOTE: Examples of particular processes for certain kinds of matters are the customer complaint rules contained in chapters PSC 113, 134, 165, and 185.

PSC 2.02 Definitions. In this chapter:

(1) “Administrative law judge" means a person designated to preside over a proceeding.

(2) “Application" means a written request that the commission issue or amend a certificate, license, permit or any other approval, authorization or exemption.

(3) “Chairperson" means the chairperson of the commission.

(4) “Commission" means the public service commission.

(5) “Complaint" means a complaint authorized to be filed by ch. 196, Stats.

(6) “Contested case" has the meaning given in s. 227.01 (3), Stats.

(7) “Docket" means an investigation, proceeding or other matter opened by a vote of the commission.

(8) “Hearing" means a contested case hearing or other trial-type hearing.

(9) “Investigation" means an investigation under ch. 196, Stats.

(10) “Party" means a person or agency named or admitted as a party in a proceeding.

(11) “Person" has the meaning given in s. 990.01 (26), Stats.

(12) “Petition" means a written request to the commission, other than an application or complaint, to open a docket.

(13) “Proceeding" means a contested case or other docket that includes a hearing.

(14) “Public hearing" means a hearing, which is not a trial-type hearing.

(15) “Secretary" means the secretary to the commission.

(16) “Working day" has the meaning given in s. 227.01 (14), Stats.

PSC 2.03 Computation of Time and Time Limits. (1) Definition. In this section, “holiday" has the meaning given in s. 230.35 (4) (a), Stats.

(2) Computation of time. In computing any period of time, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a day the commission is closed, in which case it shall be the next day the commission is open. When a period of time prescribed or allowed is less than 11 days, Saturdays, Sundays, and holidays shall be excluded in the computation.

(3) Enlargement of time. (a) When an act is required by law or by order to be done at or within a specified time, the period of time may be enlarged, but only on good cause shown and upon just terms. Requests under this subsection, when made in a proceeding, shall be made by motion. Requests under this subsection, when made in docket other than a proceeding, shall be made in a letter addressed to the secretary. Requests shall be made within a reasonable time prior to the expiration of the period in question. Requests made after the expiration of the specified time shall not be granted unless the failure to act was the result of excusable neglect. (b) 1. Only the commission may modify a period of time established by the commission. 2. Notwithstanding subd. 1., the chairperson of the commission may enlarge a period established by the commission for up to 3 working days.

(4) Service by mail. Whenever a person is authorized or required to do some act within a prescribed period after the service of any paper upon the person and the paper is served upon the person by mail, 3 days shall be added to the prescribed period.

PSC 2.04 Filing and Service. (1) Definition. In this section, “working day" has the meaning given in s. 227.01 (14), Stats.

(2) Filing. (a) A person shall file any paper authorized or required to be filed by this chapter with the records management unit of the commission between the hours of 7:45 a.m. and 4:00 p.m. on a working day. Papers are not considered filed until they are date and time stamped by the records management unit. Persons may file in person or by mail. In addition, persons may file submissions of no greater than 25 pages by facsimile.

(b) A person, other than an individual, shall file the original and 19 copies of all papers, except that the records management unit will make the required number of copies of any paper filed by facsimile and bill the filer for the cost. An individual shall file the original and 3 copies of any paper.

(3) Service. (a) 1. In a proceeding, parties shall serve upon all other parties, a copy of any paper filed with the commission. In dockets other than proceedings, where the commission has ordered or requested written comments, persons filing comments shall serve copies upon all persons identified on the service list established in the docket, if any.

2. Notwithstanding the subd. 1., individuals are not required to serve their comments on any other person.

3. The filing of any paper required to be served constitutes a certification by the person mailing the filing that a copy of such paper has been served.

(b) Service shall be made by delivering or mailing a copy. Delivery means handing it to the person; transmitting a copy of the paper by facsimile machine to the person's office; or leaving it at the person's office with a clerk or other person in charge or, if there is no one in charge, leaving it in a conspicuous place at the office; or, if the office is closed or the person to be served has no office, leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing at that location. Service by mail is complete upon mailing. Service by facsimile is complete upon transmission.

(c) A party may not serve submissions of greater than 25 pages by facsimile. A party shall serve a paper copy of any paper served or filed by facsimile within 2 days of transmission.

(4) Improper service or filing. The commission will not consider any paper not properly served nor filed.

(5) Electronic service or filing. The commission may authorize and establish procedures for electronic service and filing.

PSC 2.05 Requests to Open Dockets. (1) How requested. The commission may open a docket at the request of any person or on its own motion. A person requesting the commission to open a docket shall file an application, a complaint, or a petition, depending upon the legal basis for the request.

(2) Request requirements. A request to open a docket shall contain all of the following:

(a) A statement of the issues presented.

(b) A statement of the facts necessary to an understanding of the issues..

(d) A statement of the reasons why the commission should exercise its jurisdiction.

(e) A statement of whether the applicant, complainant, or petitioner is requesting an investigation, a proceeding, or both.

(3) Contested case status. If a person requests the commission to open a proceeding, the request shall state whether the matter should be a contested case and, if so, shall discuss how the matter meets the statutory definition of contested case.

(4) Service requirement. If a request to open a docket alleges a violation by any named person of any statute, rule or order of the commission, the person filing the request shall serve a copy of the request on the person named, in the manner provided in s. 801.11, Stats., for service of a summons.

(5) Responses. No person may file a response to a request unless the commission requests or orders a response.

NOTE: It is not necessary to file a request to open a docket in order to seek information or assistance from the staff or in order to bring any matter to the commission's attention. This section is intended to retain the substance of format rule s. PSC 2.10 (1), except that there no longer are “formal investigations." As provided in new s. PSC 2.05, a person may request or the commission on its own motion may open an investigation, a proceeding, or another docket. The commission may decide to open a docket based upon information acquired from informal contacts with the commission.

PSC 2.06 Notices. (1) How issued. A docket is opened when the commission issues a Notice of Investigation, a Notice of Proceeding, or such other notice sufficient to identify the basis and nature of the docket. A notice is issued when it is signed by the secretary at the direction of the commission.

(2) Proceedings. (a) A notice of proceeding shall state all of the following:

1. Whether the proceeding is being initiated on the commission's own motion or upon request.

2. The purpose of the proceeding.

3. The legal basis for the proceeding.

4. The names of the parties.

5. Whether the proceeding is a contested case and, if so, what class of contested case or, if the proceeding is not a contested case, what procedures will govern the proceeding.

(b) Unless otherwise stated in a notice of proceeding or order of the commission, the procedures of ch. 227, Stats., concerning class 1 contested cases shall apply to all proceedings other than contested cases.

1. A statement of the issues for decision.

2. A date for a prehearing conference or hearing.

3. A notice of assessment pursuant to s. PSC 5.09.

4. Any other information pertinent to the proceeding.

(d) If a notice of proceeding schedules a contested case hearing, the notice shall comply with ss. 227.44 (1) and (2), Stats.

(3) Investigations. (a) A notice of investigation shall state the matter to be investigated and the legal basis for the investigation.

(b) A notice of investigation may contain any of the following:

1. An order or request for comments.

2. An order for a public hearing.

3. A notice of assessment pursuant to s. PSC 5.09.

4. Any other information pertinent to the investigation.

(4) Other dockets. In dockets other than proceedings or investigations, the commission's notice may include any information pertinent to the docket.

NOTE: Commission dockets are usually either proceedings or investigations. These rules provide for an “other dockets" category to cover the possibility that a matter will not properly constitute either a proceeding or investigation.

PSC 2.07 Application for rate increase; notice to customers. (1) Notice of application for rate increase. (a) When a public utility applies for a general revision of rates, which, if authorized, would result in a rate increase, the public utility shall inform each affected customer of the filing of the application and the general nature and effect of the filing.

(b) The public utility shall provide the notice under par. (a) by means of a bill insert over one complete billing cycle, using its standard bill insert and mailing procedures. If customer bills are not issued monthly, the utility shall furnish the information to customers by a special mailing or by means of a display advertisement in a newspaper having general circulation in the utility's service area.

(2) Municipality exception. Notwithstanding sub. (1) (b), a municipal utility serving fewer than 1,000 customers may elect to post notice of the information in sub. (1) (a), if the notice is posted in at least 3 public places at locations and in a manner likely to give notice to customers affected and the notice is posted within 7 days of the utility filing its application.

(3) Notice of hearing. (a) A public utility subject to sub. (1) (a) shall notify each affected customer of the hearing regarding the utility's application for the revision of rates. The notice shall include, at a minimum, the date, time and place of the hearing, and information regarding how customers may contact the utility to confirm the hearing schedule. The public utility shall distribute the notice in a manner authorized under subs. (1) (b) and (2). Except as provided in par. (b), the notice shall be given at least 10 days before the hearing.

(b) Except for a municipal utility that may provide notice under sub. (2), if a public utility cannot provide 10 days notice by means of a bill insert, the utility shall inform its customers by a special mailing or a display advertisement in a newspaper of general circulation in the utility's service area.

(4) Proof of notice. At the hearing concerning the application for the revision of rates, the public utility shall furnish proof of compliance with this section.

PSC 2.08 Abandonment or discontinuance of service. No public utility may abandon facilities or discontinue service without commission authorization made after a public hearing. The commission need not hold a public hearing if the application is accompanied by all of the following:

(1) A map indicating the location of the facilities to be abandoned or the facilities from which service is to be discontinued, as well as the location of all actual or potential customers affected by the proposed action.

(2) A statement that all actual or potential consumers have either consented to or waived objection to abandonment or discontinuance.

PSC 2.10 Confidential status. (1) Applicability. This section applies to requests made to the commission to treat as confidential information in possession of the commission or being requested by the commission.

(2) Responsibility for establishing confidentiality. The burden of establishing the need for confidential treatment of any information shall be on the person requesting confidential treatment of the information.

(3) Application for confidential status. Any person seeking confidential treatment of information shall file with the commission a written application for confidential status containing in affidavit form all of the following:

(a) The name and address of the applicant.

(b) The name and position of the individual filing the application.

(d) The facts and supporting legal authority believed to constitute a basis for obtaining confidential treatment of the information.

(4) Additional information. (a) Within 21 days after receiving a complete application, the commission shall mail to the applicant a list of written interrogatories the answers to which are necessary for a determination under this section. If a confidentiality determination can be made solely on the basis of information appearing in the application, the commission may waive written interrogatories.