SB388,2,22
1196.194
(2) Gas utilities. Nothing in ss. 196.03, 196.19, 196.20, 196.21, 196.22,
2196.37, 196.60, 196.604 and 196.625 prohibits the commission from approving the
3filing of a tariff which permits a gas utility to enter into an individual contract with
4an individual customer if the commission determines that substitute gas services are
5available to customers or potential customers of the gas utility and the absence of
6such a tariff will cause the gas utility to be disadvantaged in competing for business.
7A tariff filed under this
paragraph subsection shall include the condition that any
8such contract shall be compensatory. The tariff shall include any other condition and
9procedure required by the commission in the public interest. Within 20 days after
10a contract authorized under this
paragraph subsection or an amendment to such a
11contract has been executed, the gas utility shall submit the contract to the
12commission. The commission shall give notice to any person, upon request, that a
13contract authorized under this
paragraph subsection has been received by the
14commission. The notice shall identify the gas utility that has entered into the
15contract. Within 6 months after receiving substantial evidence that a contract may
16be noncompensatory, or upon its own motion, the commission shall investigate and
17determine whether the contract is compensatory. If the commission determines that
18the contract is noncompensatory, the commission may make appropriate
19adjustments in the rates or tariffs of the gas utility that has entered into the contract,
20in addition to other remedies under this chapter. The dollar amount of the
21adjustment may not be less than the amount by which the contract was found to be
22noncompensatory.