PSC 2.06(2)
(2) Copies. Unless otherwise permitted, a person shall file the original and 20 copies of all papers filed with the commission, except that the records management unit will duplicate, at the expense of the filer, any paper filed by facsimile.
PSC 2.06(3)(a)1.1. In a proceeding, parties shall serve upon all other parties, a copy of any paper filed with the commission. In dockets where the commission has ordered or requested written comments, persons filing comments shall serve copies upon the person who filed the request to open the docket.
PSC 2.06(3)(a)2.
2. The filing of any paper required to be served constitutes a certification by the person making the filing that a copy of such paper has been served.
PSC 2.06(3)(b)
(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.
PSC 2.06(3)(c)
(c) A person may not serve submissions of greater than 25 pages by facsimile. A person shall serve a paper copy of any paper served or filed by facsimile within 2 days of transmission.
PSC 2.06(4)
(4) Improper service or filing. The commission or the administrative law judge may choose not to consider any paper not properly served or filed.
PSC 2.06(5)
(5) Electronic service or filing. The commission may authorize and establish procedures for electronic filing. Parties may stipulate to accept service of any document electronically, in lieu of service by another method approved in this section. Electronic service is complete upon transmission.
PSC 2.06 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.07
PSC 2.07 Requests to open dockets. PSC 2.07(1)
(1)
How requested. The commission may open a docket at the written request of any person or on its own motion. A request to open a docket shall be in the form of an application or a complaint, whichever is specified in the statutes or rules for a particular matter, or, where neither an application nor a complaint is specified, in the form of a petition.
PSC 2.07(2)
(2) Request requirements. A request to open a docket shall contain all of the following:
PSC 2.07(2)(b)
(b) A statement of the facts necessary to an understanding of the issues.
PSC 2.07(2)(c)
(c) A statement of the reasons why the commission should open the docket, and the remedy which the person is seeking in the docket.
PSC 2.07(3)
(3) Service requirement. If a request to open a docket alleges a violation by any named person of any statute, rule, or order enforced by the commission, the person filing the request shall serve a copy of the request upon the person named, in the manner provided in s.
801.11, Stats., for service of a summons.
PSC 2.07(4)
(4) Responses. Any person may file a response to the request within 20 days of the date of service of the request. A person filing a response shall serve the response upon the person making the request.
PSC 2.07(5)
(5) Determinations. Within 60 days from the date of receipt of a request to open a docket, a petition for rules, or a petition for a declaratory ruling, the commission shall either deny the request or petition, or open a docket. If the request or petition is denied, the commission shall promptly notify the person making the request or filing the petition of its decision, including a brief statement of the reasons for its decision.
PSC 2.07 Note
Note: The terms “complaint" and “application" are used in the statutes and other chapters of the administrative code. A person is expected to file a “petition" whenever neither a complaint nor an application is mentioned in the statute or rule authorizing the docket.
PSC 2.07 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. As provided in s.
PSC 2.07, 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 2.07 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.08(1)
(1) Informal complaints may be made in writing addressed to the commission. Letters may be considered as informal complaints. Matters presented in this manner are handled by correspondence or other informal investigation or by a formal investigation instituted by the commission upon its own motion.
PSC 2.08(2)
(2) Complaints with respect to public utility rates, practices, or service made by less than 25 persons (see s.
196.26, Stats.) will be treated as informal complaints. The commission may open a docket in these matters upon its own motion.
PSC 2.08 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.09(1)
(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 the secretary of the commission signs it.
PSC 2.09(2)(a)(a) A notice of proceeding shall state all of the following:
PSC 2.09(2)(a)1.
1. Whether the proceeding is being initiated on the commission's own motion or upon request.
PSC 2.09(2)(a)5.
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.
PSC 2.09(2)(b)
(b) A notice of proceeding may contain any of the following:
PSC 2.09(2)(d)
(d) If a notice of proceeding schedules a contested case hearing, the notice shall comply with ss.
227.44 (1) and
(2), Stats.
PSC 2.09(3)(a)(a) A notice of investigation shall state the matter to be investigated and the legal basis for the investigation.
PSC 2.09(3)(b)
(b) A notice of investigation may contain any of the following:
PSC 2.09(4)
(4) Other dockets. In dockets other than proceedings or investigations, the commission's notice may include any information pertinent to the docket.
PSC 2.09 Note
Note: Commission dockets are usually either proceedings or investigations. Rules provide for an “other dockets" category to cover the possibility that a matter will not properly constitute either a proceeding or investigation.
PSC 2.09 Note
The issuance of a notice initiates a docket. In a proceeding, a notice of proceeding will contain the name or names of the parties. Usually, there will be only one party named in the notice, the person who requested the commission to conduct the proceeding. Other persons desiring to become parties will file requests to intervene, pursuant to s.
PSC 2.21.
PSC 2.09 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.10
PSC 2.10 Application for rate increase; notice to customers. PSC 2.10(1)(1)
Notice of application for rate increase. PSC 2.10(1)(a)(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.
PSC 2.10(1)(b)
(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, containing the following information: the amount of the request, the reasons for the request, the dates of any hearings or prehearing conferences already established in the docket and how the customer can contact the commission to learn of any scheduling changes or additions, and the effect on the average customer if the request were to be granted.
PSC 2.10(1)(c)
(c) 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.
PSC 2.10(2)(a)(a) 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.
PSC 2.10(3)
(3) Proof of notice. The utility shall file proof of compliance with this section no later than 3 days prior to the first hearing in the proceeding.
PSC 2.10 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.11
PSC 2.11 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:
PSC 2.11(1)
(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.
PSC 2.11(2)
(2) A statement that all actual or potential consumers have either consented to or waived objection to abandonment or discontinuance.
PSC 2.11 History
History: CR 00-187: cr.
Register June 2002 No. 558, eff. 7-1-02.
PSC 2.12
PSC 2.12 Confidential handling. PSC 2.12(1)(b)
(b) This section applies to requests for confidential handling of records filed with the commission.
PSC 2.12(2)
(2) Responsibility for establishing confidentiality. The burden of establishing the need for confidential handling of any record shall be on the person making the request.
PSC 2.12(3)(a)(a) A person may request confidential handling of any record on one of the following grounds:
PSC 2.12(3)(a)2.
2. The record contains information, which would aid a competitor of a public utility in competition with the public utility making the request, as provided under s.
196.14, Stats.
PSC 2.12(3)(b)
(b) A person requesting confidential handling of a record shall submit the record, along with an affidavit containing all of the following:
PSC 2.12(3)(b)2.
2. The name and position of the individual filing the request on the person's behalf.
PSC 2.12(3)(b)3.
3. An accurate and complete summary of the contents of the record.
PSC 2.12(4)
(4) Partial confidentiality. If only portions of a record are eligible for confidential handling, a person requesting confidential treatment shall submit an unredacted copy of that portion and a redacted copy of the record, omitting the confidential information.
PSC 2.12(5)(a)(a) The commission shall grant or deny a request no later than 30 days after the request is filed. The commission may request additional information in support of the request during that time.
PSC 2.12(5)(b)
(b) The commission shall grant a request if the commission determines that there is a reasonable basis to conclude that the record, or portion of a record, is exempt from disclosure under one of the grounds listed in
sub. (3) (a).
PSC 2.12(5)(c)
(c) A determination to confidentially handle a record under this section is not a determination that the record is exempt from disclosure under the Public Records Law. A determination under this section has only the effect of identifying the record as possibly exempt, in order that the record may be confidentially handled within the commission.
PSC 2.12(5)(d)
(d) The commission shall make its determination in writing and 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.
PSC 2.12(6)
(6) Interim confidential status. A record submitted with a request for confidential handling will be confidentially handled during the period the commission is considering the request and, if the commission denies the request, until 14 days after the issuance of the determination. The commission may not take regulatory action based on the record in a docket during the time it is considering a request under this subsection. If the commission grants confidential status to the record, it shall, prior to taking regulatory action based on the record in a docket, permit a party to that docket to review the record and, prior to the review, may order any protective measures necessary to protect the trade secrets of parties and other information entitled to confidentiality protection.
