196.09(2)
(2) After the submission of the estimates under
sub. (1), the commission shall review the estimates. If the commission determines that the estimates submitted are reasonable and proper, it shall certify its determination to the public utility. If the commission determines that the estimates submitted are not reasonable and proper, it shall certify to the public utility the percentages which it considers reasonable and proper. If the fixed capital accounts of the public utility are not subdivided to permit the rates for the various classes of fixed capital used for public utility purposes to be applied, the estimates submitted by the public utility and the percentages determined by the commission may be based upon the aggregate of such fixed capital.
196.09(3)
(3) After the commission certifies to the public utility its findings as to the percentages required for depreciation under
sub. (2), the public utility shall have 30 days within which to make application to the commission for a hearing and order. If the public utility does not make application to the commission for a hearing and order within the time set, the commission's certification of findings shall have the effect of an order and the public utility shall have the right of appeal from the certification as provided in this chapter.
196.09(4)
(4) The commission may provide, in order to meet changing conditions, that a public utility submit from time to time the estimate required under
sub. (1). If it requires such resubmission of estimates, the commission shall follow the procedure for certifying its findings under
sub. (2). In revising the reasonable and proper percentages of depreciation, the commission shall give consideration to the experience of the public utility in accumulating a depreciation reserve under previous rates, any retirements actually made and any other relevant factor.
196.09(5)
(5) If the commission establishes, by certification or order, the reasonable and proper percentages of depreciation, the percentages shall constitute the percentages to be used in any proceeding involving the rates or practices of the public utility, except that if at the time of such proceeding the commission finds that the percentages of depreciation previously established are no longer reasonable and proper, the commission shall establish reasonable and proper percentages for the purpose of such proceeding and certify the new percentages under this section.
196.09(6)(a)(a) If the commission establishes for any public utility, by certification or order, the percentages necessary for depreciation on fixed capital used for public utility purposes, the public utility shall credit to its depreciation reserve in each accounting period the amount required to provide for depreciation at the percentage established. If the public utility is a corporation, the corporation may not pay any dividend out of earnings for any fiscal period subsequent to the commission's certification or order, or carry any portion of its earnings to its surplus account, except out of earnings remaining after crediting its depreciation reserve in accordance with the rates established by the commission, except as provided under
par. (b).
196.09(6)(b)
(b) After application and hearing the commission, upon a finding that it is necessary in the public interest, may exempt a public utility from the duty of crediting to the depreciation reserve in any accounting period a greater amount than is possible without impairing its ability to pay dividends for the current calendar year. Nothing in this section shall be construed to modify the requirements of
ss. 180.0623 and
180.0640.
196.09(7)
(7) If a public utility desires to account for depreciation on a sinking fund basis and the commission determines that such basis of accounting for depreciation reasonably may be employed, the commission shall establish, under
sub. (2), the composite rate to be applied to the aggregate fixed capital used for public utility purposes to determine the amount which shall be charged to operating expenses, and the interest rate applicable to the reserve balance at which additional credits to the reserve shall be computed. If a public utility accounts for depreciation on a sinking fund basis, the public utility shall:
196.09(7)(a)
(a) Credit to the reserve the amount charged to operating expenses plus the amount obtained by applying the interest rate to the reserve balance.
196.09(7)(b)
(b) Be subject to the same restrictions and regulations in its accounting for the entire amount to be credited to the depreciation reserve as are applicable to other public utilities which account for depreciation by other methods under this section.
196.09(8)
(8) No public utility may charge to its depreciation reserve anything except losses on property actually retired from service.
196.09(9)(a)1.1. The commission shall create by order guidelines establishing classes of fixed capital that telecommunications utilities use for public utility purposes, a range of annual depreciation rates for each of those classes and a composite range of annual depreciation rates for all classes of fixed capital.
196.09(9)(a)2.
2. The commission shall review biennially the guidelines established under
subd. 1., except that if the commission receives, more than 365 days before the deadline for a biennial review, a written request from a telecommunications utility for a review, the commission shall review the guidelines no later than 365 days after receiving the request.
196.09(9)(b)
(b) The commission shall determine that an annual depreciation rate is just and reasonable if the rate falls within the range established for that class under
par. (a) 1., if the composite annual depreciation rate falls within the composite range established under
par. (a) 1. for all classes of fixed capital or if the commission previously determined that the rate is just and reasonable.
196.09(9)(c)
(c) A telecommunications utility may implement an annual composite depreciation rate, for all classes of fixed capital that is outside the range established under
par. (a) 1. by filing the rate with the commission. The proposed annual composite depreciation rate shall be effective on the date specified in the filing but not sooner than 90 days from the date of filing with the commission, unless any of the following occurs:
196.09(9)(c)1.
1. During the 90-day period the commission determines that the rate is not just and reasonable or in the public interest.
196.09(9)(c)2.
2. The commission directs that the depreciation rate be made effective at an earlier date.
196.09 Annotation
Order establishing depreciation rates for utility's nuclear plant did not require environmental impact statement. Wis. Environmental Decade v. Public Serv. Comm. 105 W (2d) 457, 313 NW (2d) 863 (Ct. App. 1981).
196.10
196.10
Construction; accounting. The commission shall keep itself informed of all new construction, extensions and additions to the property of public utilities, and shall prescribe the necessary forms, regulations and instructions for the keeping of construction accounts, which shall clearly distinguish all operating expenses from new construction.
196.11
196.11
Profit sharing and sliding scales. 196.11(1)
(1) A public utility may enter into any reasonable arrangement with its consumers or employes, for the division or distribution of its surplus profits, or providing for a sliding scale of charges, or other financial device if the arrangement is:
196.11(1)(a)
(a) Practicable and advantageous to the parties interested; and
196.11(1)(b)
(b) Entered into by a public utility other than a telecommunications utility and found by the commission to be reasonable and just and consistent with the purposes of this chapter.
196.11(2)
(2) Any arrangement under this section shall be under the supervision and regulation of the commission. The commission may order any rate, charge or regulation which the commission deems necessary to give effect to the arrangement. The commission may make any change in a rate, charge or regulation as the commission determines is necessary and reasonable and may revoke its approval and amend or rescind all orders relative to any arrangement. This subsection does not apply to telecommunications cooperatives or telecommunications utilities.
196.11(3)
(3) A telecommunications utility may enter into any reasonable arrangement with its consumers or employes, for the division or distribution of its surplus profits, or providing for a sliding scale of charges or other financial device, if the arrangement is practical and advantageous to the parties interested.
196.12
196.12
Report by public utilities; items. 196.12(1)
(1) Each public utility shall furnish to the commission, in the form and at the time the commission requires, accounts, reports or other information which shows in itemized detail:
196.12(1)(f)
(f) Receipts from residuals, by-products, services or other sales.
196.12(1)(L)
(L) Any other information whether or not similar to the information under
pars. (a) to
(k).
196.12(2)
(2) No public utility operated by a city, village or town having a population of less than 5,000 shall be required to report under this section except as to earnings, operating expenses, including depreciation and maintenance, cost of renewals, extensions and improvements to the property and the nature and amount of service furnished in such detail as the commission deems necessary, except that if the commission conducts any investigation of the public utility upon formal complaint, the commission may require the detailed reports required under
sub. (1).
196.12 History
History: 1983 a. 53;
1993 a. 246.
196.13
196.13
Commission's report. 196.13(1)(1) The commission shall publish biennial reports showing its proceedings together with any financial or other data which concerns and is appropriate for all public utilities and may publish any other report related to public utilities.
196.13(2)
(2) The commission shall publish in its reports the value of all the property actually used and useful for the convenience of the public of a public utility, other than a telecommunications utility, if the commission has held a hearing on the public utility's rates, charges, service or regulations or if the commission has otherwise determined the value of the public utility's property.
196.13 History
History: 1983 a. 53;
1993 a. 496.
196.14
196.14
Public record exception. The commission may withhold from public inspection any information which would aid a competitor of a public utility in competition with the public utility.
196.14 History
History: 1983 a. 53;
1985 a. 236,
297.
196.14 Cross-reference
Cross-reference: See s.
19.36 for other public record exceptions.
196.15
196.15
Units of product or service. The commission shall prescribe for each kind of public utility, other than a telecommunications utility, suitable and convenient standard commercial units of product or service.
196.15 History
History: 1993 a. 496.
196.16
196.16
Standard measurements; accurate appliances. 196.16(1)(1) The commission shall fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other condition pertaining to the supply of the product or service rendered by a public utility. The commission shall prescribe reasonable regulations for measurement, examination and testing of the product or service.
196.16(2)
(2) The commission shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurement of public utility service.
196.16(3)
(3) This section does not limit any power of a municipal council under
s. 196.58.
196.16 History
History: 1983 a. 53.
196.17
196.17
Tests of meters; fees. 196.17(1)
(1) The commission shall provide for the examination and testing of every appliance used for measuring any product or service of a public utility.
196.17(2)
(2) Any consumer may have an appliance tested under this section upon payment of a fee fixed by the commission.
196.17(3)
(3) The commission shall establish a reasonable fee to be paid for testing appliances under this section if a consumer requests the test. The fee shall be paid by the consumer at the time of his or her request, but shall be repaid to the consumer if the appliance is found to be defective or incorrect to the disadvantage of the consumer.
196.17(4)
(4) The commission may purchase materials, apparatus and standard measuring instruments for examinations and tests under this section.
196.17 History
History: 1983 a. 53.
196.171
196.171
Examination of meters, pipes, fittings, wires and works; entering buildings for. 196.171(1)
(1) Any officer or agent of any public utility furnishing or transmitting water, gas or electric current to the public or for public purposes may enter, at any reasonable time, any place supplied with gas, electricity or water by the public utility, for the purpose of inspecting, examining, repairing, installing or removing the meters, pipes, fittings, wires and works for supplying or regulating the supply of gas, electricity or water and for the purpose of ascertaining the quantity of gas, electricity or water supplied.
196.171(2)
(2) No officer or agent of a public utility may enter any premises under this section unless the officer or agent:
196.171(2)(a)
(a) Was duly appointed by the public utility for the purpose of acting under this section.
196.171(2)(b)
(b) Exhibits written authority signed by the president, by a vice president and secretary, or by a vice president and assistant secretary of the public utility. The authority of any officer or agent of a municipally owned public utility shall be signed by the commissioner of public works or by any other official in charge of the public utility.
196.171(3)
(3) Any person who directly or indirectly prevents or hinders any officer or agent from entering a premises, or from making an inspection, examination, removal or installation under this section shall be fined not more than $25 for each offense.
196.171 History
History: 1983 a. 53.
196.175
196.175
Construction and occupancy standards. The commission may not establish or enforce construction or occupancy standards applicable to any public building, as defined in
s. 101.01 (12), dwelling, as defined in
s. 101.71 (2) or any occupancy standard applicable to any place of employment as defined in
s. 101.01 (11).
196.18
196.18
Entry upon premises. The commission, its agents, experts or examiners may enter any premises occupied by a public utility to make any examination or test under this chapter and may set up and use on the premises any apparatus or appliance and occupy reasonable space for the examination or test.
196.18 History
History: 1983 a. 53.
196.19
196.19
Publish schedules; regulations; files; joint rates. 196.19(1)(1) Each public utility shall file with the commission schedules showing all rates, tolls and charges which it has established and which are in force at the time for any service performed by it within the state, or for any service in connection therewith or performed by any public utility controlled or operated by it. The rates, tolls and charges shown on such schedules may not be changed except as provided under this chapter.
196.19(1m)(a)(a) In this subsection, "new telecommunications service" means services that are not offered by the telecommunications utility before January 1, 1994, and alternative rate structures offered after December 31, 1993, for any telecommunications service that is offered before January 1, 1994, if the rate structure effective before January 1, 1994, continues to be available to new and existing customers. "New telecommunications service" includes additional functions and features on, and technological alternatives to, any telecommunications service offered before January 1, 1994.
196.19(1m)(b)
(b) A telecommunications utility may not offer a new telecommunications service to the public without first filing a tariff for that offering with the commission. A proposed tariff offering a new telecommunications service shall be effective on the date specified in the tariff but not earlier than 10 days after the date on which the tariff is filed with the commission, unless the commission, either upon complaint or upon its own motion, suspends the operation of the new tariff by serving written notice of the suspension on the telecommunications utility within 10 days after the date of filing. The notice shall include a statement of the reason under
par. (c) upon which the commission believes the tariff may be modified.
196.19(1m)(c)
(c) The commission may modify a tariff under
par. (b) if the commission finds, after an opportunity for a hearing, that the new telecommunications service violates
s. 196.204,
196.209 or
196.219 or is otherwise adverse to the quality of basic local exchange service, business access line and usage service within a local calling area or access service.
196.19(1m)(d)
(d) If the commission does not conduct a hearing under this subsection, the commission shall issue its final order within 60 days after issuing the notice of suspension. If the commission conducts a hearing, the commission shall issue its final order within 120 days after issuing the notice of suspension. If a final order is not issued within the time limits specified in this paragraph, the tariff becomes effective as filed.
196.19(1m)(e)
(e) The commission, upon application of the telecommunications utility, may direct that the tariff for a new telecommunications service be made effective after a shorter time period than the period in
par. (b).
196.19(2)
(2) Every public utility shall file with and as a part of such schedule all rules and regulations that, in the judgment of the commission, in any manner affect the service or product, or the rates charged or to be charged for any service or product, as well as any contracts, agreements or arrangements relating to the service or product or the rates to be charged for any service or product to which the schedule is applicable as the commission may by general or special order direct.
196.19(3)
(3) A copy of as much of the schedules filed under
sub. (1) as the commission determines necessary for the use of the public shall be printed in plain type, and kept on file in every public utility station or office where payments are made by consumers in a form and place readily accessible to the public.
196.19(4)
(4) If a schedule of joint rates or charges is in force between public utilities, the schedule shall be printed and filed with the commission under
sub. (1). The commission shall determine the portion of the schedule necessary for the use of the public. The public utilities shall file the portion of the schedule under
sub. (3).
196.19(5)
(5) If telecommunications utilities are furnishing joint telecommunications service to the public, or are required to furnish the service, and refuse or neglect to establish joint tolls, the commission, after notice and a public hearing, may establish by order the joint tolls. If the utilities fail to agree upon the apportionment of the joint tolls within 20 days after service of the order, the commission, upon a like hearing, may issue a supplemental order determining the apportionment of such joint tolls. The supplemental order shall take effect as part of the original order.
196.19(6)
(6) The commission may prescribe the form in which any schedule is issued under this section by any public utility.
