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(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.

(c) The specific type of information for which confidential status is sought.

(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.

(b) If an extension has not been granted and if the applicant fails to answer all the interrogatories within 30 days after the date the commission mails the interrogatories, the commission shall deny the application. The commission may also deny the application if the applicant fails to provide the information requested in the interrogatories.

(c) The responses to the interrogatories shall be treated as confidential if the applicant submits a request for confidential treatment of the responses.

(5) Determination. (a) Within 30 days after receiving a complete application if interrogatories are waived, or within 30 days after receiving the information requested in the interrogatories, the commission shall issue a written determination on the request for confidentiality. The determination shall include all of the following:

1. A finding which identifies the type of information sought to be assigned confidential status.

2. A determination of whether the commission has the authority to compel submittal of the information if the commission requested the information.

3. If the authority exists, a determination of whether the commission is authorized by law to assign confidential status to the type of information at issue.

4. The decision to deny or to grant the request in whole or in part.

(b) A determination to assign confidential status shall be made pursuant to one or more of the following:

1. Section 196.14, Stats.

2. Section 196.72, Stats.

3. Section 196.795 (9), Stats.

4. Upon a finding consistent with the ruling in State ex rel. Youmans v. Owens, 28 Wis.2d 672, (1965) that confidential treatment of the information is in the public interest.

5. Other specific statutory or common law right to confidential treatment of information.

(c) A determination made pursuant to par. (b) 4. shall also include answers to all of the following questions:

1. How many people have knowledge of the supposedly “secret" information? Will disclosure increase that number to a significant degree?

2. Does the contested information have any value to the possessor? To a competitor? Is that value substantial?

3. What damage, if any, would the possessor of the secret suffer from its disclosure? What advantages would its competitors reap from disclosure?

4. What benefits are likely to flow from disclosure? To whom? Are they significant? In this connection, what is the public “need" for disclosure? Can it be satisfied in any other way?

(d) 1. The commission shall notify the applicant in writing of the determination. The commission post on its internet website a list of all determinations made under this section and may provide any other notice it considers to be appropriate.

2. If information that is granted confidential status is filed in conjunction with a commission proceeding, the applicant shall serve a copy of the determination on all persons listed on the service list for the proceeding, and shall file proof of service with the commission.

(6) Interim confidential status. Information for which confidential status is requested shall not be open to public scrutiny until 40 days after issuance of the determination.

(7) Contested cases. In any contested case hearing before the commission, the administrative law judge, in determining the merits of a request for confidential treatment of information which arises during the course of the hearing, may render a ruling on the request only after receiving answers to the questions appearing in sub. (5) (c) 1. to 4.

Subchapter II - Proceedings

PSC 2.20 Parties and role of commission staff and administrative law judge. (1) Who are parties. The following are parties to proceedings:

(a) A person filing an application is an applicant.

(b) A person filing a complaint is a complainant.

(c) A person filing a petition is a petitioner.

(d) A person admitted to the proceeding pursuant to s. PSC 2.21 is an intervener.

(2) Role of commission staff. Members of the commission staff appear neither in support of nor in opposition to any cause, but solely to discover and present, if necessary, information pertinent to the proceeding.

(3) Role of administrative law judge. (a) The administrative law judge presiding over a proceeding has all of the powers identified in s. 227.46, Stats., except, as provided in s. 227.46 (1) (h), Stats., the power to make or recommend findings of fact, conclusions of law and decisions in proceedings other than class 2 contested cases.

(b) The commission retains jurisdiction to direct the progress of any docket notwithstanding s. 227.46, Stats.

PSC 2.21 Intervention. (1) Intervention by right. A person satisfying the criteria of s. 227.44 (2m), Stats., may intervene in a proceeding as a matter of right.

(2) Permissive intervention . A person not satisfying the criteria of s. 227.44 (2m), Stats., may nevertheless intervene in a proceeding if the person's participation likely will promote the proper disposition of the issues to be determined in the proceeding and if the person's participation will not impede the timely completion of the proceeding.

(3) Procedure. A person requesting intervention shall file a motion no later than 14 days after issuance of the notice of proceeding. A party may respond to the motion no later than 7 days after service of the motion.

PSC 2.22 Motions. (1) How made. A party seeking an order shall file a motion. Unless made during a hearing, a motion shall be made in writing, shall state with particularity the grounds for the motion, and shall set forth the relief requested.

(2) Responses to motion. Another party may respond to a motion no later than 5 days after service of the motion.

(3) Motion for procedural order. A motion for a procedural order may be acted upon without a response to the motion.

PSC 2.23 Depositions. (1) Parties and Commission staff may take depositions in the same manner and by the same methods as provided under ch. 804, Stats., unless inconsistent with or prohibited by statute or as otherwise determined by the commission or the administrative law judge.

(2) Motions. Any motion pursuant to s.804.12, Stats. shall include a certification that the movant has in good faith conferred or attempted to confer with the person subject to the motion in an effort to resolve their dispute without commission action.

PSC 2.24 Synopsis or summary of the evidence. (1) How requested. If a commissioner informs commission staff that he or she wishes to consider deciding a proceeding on the basis of a summary or synopsis of the evidence, pursuant to s. 196.24 (3), Stats., commission staff shall prepare a summary or synopsis and serve it upon the parties to the proceeding.

(2) Response. A party who wishes to respond to a synopsis or summary of the evidence shall file a response no later than 10 days after service of the synopsis or summary. A response shall be limited to a statement of additional or corrected facts and may not contain argument.

PSC 2.25 Interlocutory orders of the commission. (1) Discretionary review. The commission, on the motion of a party or on its own motion, may review an order or any other ruling of the administrative law judge and may, on its own motion, issue any order if the commission finds that to do so would further the proper disposition of the proceeding. A motion under this section shall be treated as a motion for a procedural order.

(2) How made. A motion under this section must be filed no later than 5 working days after the ruling is made or the order is signed, whichever is sooner. Unless otherwise ordered, no party may respond to the motion. The filing of a motion under this section does not stay the proceeding.

(3) Disposition. If the commission does not issue an order with respect to a motion under this section within 10 days after the motion is filed, the motion is considered denied.

PSC 2.26 Reopening. A request pursuant to s. 196.39 (1), Stats., shall be made by motion. If the commission does not issue an order with respect to the motion within 30 days, the motion is considered denied.

Section 3. PSC 3.02 (1) (b) is amended to read:

PSC 3.02 (1) (b) Someone for whom full intervention in the proceeding would cause significant financial hardship without compensation from the commission.

Section 4. PSC 3.02 (1) (e) is amended to read:

PSC 3.02 (1) (e) Someone who has been granted full party status and who will participate in the proceeding as a full party.

Section 5. PSC 3.04 (1) is amended to read:

PSC 3.04 (1) Compensation shall not exceed the actual and reasonable expenses authorized by the commission and incurred as a result of the applicant's participation as a full party in a commission proceeding.

Section 6. Initial applicability.

(1) This rule first applies to a request to open a docket filed on the effective date of the rule and to a proceeding opened on the effective date of the rule.

(2) The treatment of section PSC 2.10 the Wisconsin Administrative Code first applies to a request for confidential treatment made to the commission on the effective date of this rule.

Initial Regulatory Flexibility Analysis

This rules revision does not directly affect small businesses, as defined in s. 227.114 (1) (a), Stats. Because the revisions are intended to establish consistent procedures for practice before the Commission, no special provisions are included for small businesses.

Fiscal Estimate

This proposed rule clarifies, streamlines, and updates various provisions related to the practices and procedures in PSC investigations, proceedings and other dockets. Contained within the rule is a new process for determining the confidentiality of records submitted by public utilities to the Commission. The process the rule prescribes requires the PSC to make a determination of confidentiality and notify the applicant. The PSC processed 1,280 requests for confidential treatment of data in calendar year 1999 and has processed 975 requests so far in calendar year 2000. This proposed rule will not have a fiscal impact on the PSC or local government.

The rule does not propose changes that would create fiscal effects on either state or local governments.

Contact Person

Questions from the media may be directed to Jeffrey L. Butson, Public Affairs Director at [phone].

Questions regarding these rules should be directed to Edward S. Marion at [phone], or by e-mail at [e-mail]. Hearing or speech-impaired individuals may also use the Commission's TTY number, [phone].

Proposed_JanA

Notice of submission of proposed rules to the legislature

Please check the Bulletin of Proceedings for further information on a particular rule.

Agriculture, Trade and Consumer Protection (CR 00-119):

Ch. ATCP 30 - Relating to pesticide product restrictions.