196.37 Annotation
In absence of statutory authority, PSC may not fix rates to be applied retroactively. Cities & Villages of Algoma, Etc. v. PSC, 91 W (2d) 252, 283 NW (2d) 261 (Ct. App. 1978).
196.37 Annotation
Allowing utility to charge present ratepayers for storm damage casualty loss occurring in prior year did not constitute retroactive rate making. Wis. Environmental Decade v. Public Service Comm. 98 W (2d) 682, 298 NW (2d) 205 (Ct. App. 1980).
196.37 Annotation
Commission order establishing rates was not supported by substantial evidence. Madison Gas & Elec. Co. v. PSC, 109 W (2d) 127, 325 NW (2d) 339 (1982).
196.37 Annotation
Utility's failure to pay taxes under protest may constitute "imprudence" and may reasonably affect rate-setting decision. Public Serv. Corp. v. Public Serv. Comm. 156 W (2d) 611, 457 NW (2d) 502 (Ct. App. 1990).
196.37 Annotation
PSC's imposition of penalty for imprudent administration of coal acquisition contract was impermissible retroactive rate making. Wis. Power & Light v. PSC, 181 W (2d) 385, 511 NW (2d) 291 (1994).
196.37 Annotation
The PSC has authority to order a utility to refund compensation collected in violation of its filed tariffs. GTE North Inc. v. Public Service Comm. 176 W (2d) 559, 500 NW (2d) 284 (1993).
196.372
196.372
Railroad telecommunications service. If the commission receives a complaint that telecommunications service with any railroad, as defined under
s. 195.02, is inadequate or in any respect unreasonably or unjustly discriminatory or that the service is unavailable, the commission shall investigate the same. If upon investigation the commission finds that any telecommunications service is inadequate or unreasonably or unjustly discriminatory or that the service is unavailable, it shall determine and by order fix a reasonable regulation, practice or service to be installed, imposed and observed and followed in the future.
196.372 History
History: 1977 c. 29 s.
1340; Stats. 1977 s. 196.627;
1983 a. 53 s.
83; Stats. 1983 s. 196.374;
1983 a. 192; Stats. 1983 s. 196.372;
1985 a. 297 s.
76.
196.373
196.373
Water heater thermostat settings. 196.373(1)(a)
(a) "Periodic customer billing" means a demand for payment of utility services by a public utility to a residential utility consumer on a monthly or other regular basis.
196.373(1)(b)
(b) "Residential utility consumer" means any individual who lives in a dwelling which is located in this state and which is furnished with a utility service by a public utility. "Residential utility consumer" includes, but is not limited to, an individual engaged in farming as defined under
s. 102.04 (3).
196.373(2)
(2) At least annually every public utility furnishing gas or electricity shall include in its periodic customer billing a statement recommending that water heater thermostats be set no higher than 125 degrees Fahrenheit in order to prevent severe burns and unnecessary energy consumption.
196.373 History
History: 1987 a. 102.
196.374
196.374
Energy conservation programs. 196.374(1)
(1) In this section "utility" means a class A gas or electric utility, as defined by the commission. Every utility shall spend annually at least 0.5% of its total annual operating revenues on programs designed to promote and accomplish energy conservation. The commission may require a utility to spend annually for the purpose of promoting and accomplishing energy conservation, an amount which is more or less than 0.5% of its annual operating revenues if, after notice and hearing, the commission finds that the expenditure of such amount is in the public interest.
196.374(2)
(2) The commission may prescribe all or part of any program to be funded under
sub. (1). The commission may require that a utility establish a program funded under
sub. (1) which is applicable only to a group of consumers specified by the commission because the group has special energy conservation needs. Such a group may include, but is not limited to, low-income utility consumers, under guidelines established by the commission.
196.374(3)
(3) The commission shall authorize every utility to recover from the utility's ratepayers any prudent energy conservation expenditure authorized by the commission. The commission may prescribe the accounting treatment of such an expenditure, including, but not limited to, escrow accounting.
196.374 History
History: 1983 a. 27.
196.375
196.375
Adequate service; reasonable rates. Upon complaint by any party affected, setting forth that any grantee of a permit to develop hydraulic power and generate hydroelectric energy for sale or service to the public is not furnishing consumers of this state with adequate service at a reasonable rate as a result of sales of the energy outside of the state, the commission may declare any or all contracts entered into by the grantee for the sales null and void insofar as the contracts interfere with the service or rate. The commission may not make a declaration under this section except after a hearing and investigation and a recorded finding that convenience and necessity require the sale of a specified part or all such energy within this state.
196.375 History
History: 1983 a. 53.
196.377
196.377
Promotion of renewable energy systems. The commission shall encourage public utilities to develop and demonstrate electric generating technologies that utilize renewable sources of energy, including new, innovative or experimental technologies. The commission may ensure that a public utility fully recovers the cost of developing, constructing and operating such demonstrations through rates charged to customers of the utility.
196.377 History
History: 1993 a. 418.
196.39
196.39
Change, amendment and rescission of orders; reopening cases. The commission at any time, on its own motion or upon motion of an interested party, and upon notice to the public utility and after opportunity to be heard, may rescind, alter or amend any order fixing rates, tolls, charges or schedules, or any other order made by the commission, and may reopen any case following the issuance of an order in the case, for any reason. Any order rescinding, altering, amending or reopening a prior order shall have the same effect as an original order. Within 30 days after service of an order, the commission may correct an error or omission in the order related to transcription, typing or calculation without hearing if the correction does not alter the intended effect of the order.
196.39 History
History: 1983 a. 53,
144,
538.
196.39 Annotation
The PSC cannot order a change in rates by order without notice and hearing on the ground that the order is only a clarification of an earlier order. Mid-Plains Telephone v. Public Serv. Comm. 56 W (2d) 780, 202 NW (2d) 907.
196.395
196.395
Test, conditional, emergency and supplemental orders; waiver of conditions in orders. The commission may issue an order calling for a test of actual results under requirements prescribed by the order, during which test period the commission may retain jurisdiction of the subject matter. The commission may issue conditional, temporary, emergency and supplemental orders. If an order is issued upon certain stated conditions, any party acting upon any part of the order shall be deemed to have accepted and waived all objections to any condition contained in the order.
196.395 History
History: 1983 a. 53.
196.395 Annotation
Temporary and emergency rates may be appropriately and widely used by public service commission where justified by circumstances. Friends of Earth v. Public Service Commission, 78 W (2d) 388, 254 NW (2d) 299.
196.40
196.40
Orders and determinations; time of taking effect. Every order or determination of the commission shall take effect 20 days after the order or determination has been filed and served by personal delivery or mail to all parties to the proceeding in which the order or determination was made or to their attorneys, unless the commission specifies a different date upon which the order or determination shall be effective. After the effective date every order or determination shall be on its face lawful and reasonable unless a court determines otherwise under
s. 227.57.
196.40 History
History: 1983 a. 53;
1985 a. 182 s.
57.
196.41
196.41
Court review. Any order or determination of the commission may be reviewed under
ch. 227.
196.41 History
History: 1983 a. 53.
196.41 Annotation
See note to 227.52, citing Friends of Earth v. Public Service Commission, 78 W (2d) 388, 254 NW (2d) 299.
196.43
196.43
Injunction procedure. 196.43(1)
(1) No injunction may be issued in any proceeding for review under
ch. 227 of an order of the commission, suspending or staying the order except upon application to the circuit court or presiding judge thereof, notice to the commission and any other party, and hearing. No injunction which delays or prevents an order of the commission from becoming effective may be issued in any other proceeding or action in any court unless the parties to the proceeding before the commission in which the order was made are also parties to the proceeding or action before the court.
196.43(2)
(2) No injunction may be issued in any proceeding for review under
ch. 227, or in any other proceeding or action, suspending or staying any order of the commission or having the effect of delaying or preventing any order of the commission from becoming effective, unless at least 2 sureties enter into an undertaking on behalf of the petitioner or plaintiff. The court or presiding judge of the court shall direct that the sum of the undertaking be enough to effect payment of any damage which the opposite party may sustain by the delay or prevention of the order of the commission from becoming effective, and to such further effect as the judge or court in its discretion directs. No order or judgment in any proceeding or action may be stayed upon appellate court review unless the petitioner or plaintiff enters into the undertaking under this subsection in addition to any undertaking required under
s. 808.07.
196.43 History
History: Sup. Ct. Order, 67 W (2d) 585, 775 (1975);
1977 c. 187 s.
135;
1983 a. 53.
196.44
196.44
Law enforcement. 196.44(1)(1)
Duty of commission. The commission shall inquire into the neglect or violation of the laws of this state by public utilities, or by their officers, agents or employes or by persons operating public utilities, and shall enforce all laws relating to public utilities, and report all violations to the attorney general.
196.44(2)
(2) Duties of attorney general and district attorneys. 196.44(2)(a)(a) Upon request of the commission, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under this chapter, and shall institute and prosecute all necessary actions or proceedings for the enforcement of all laws relating to public utilities, and for the punishment of all violations.
Effective date text
(b) The attorney general may, on his or her own initiative, appear before the commission on telecommunications matters relating to consumer protection and antitrust. If acting under the authority granted by this paragraph, the attorney general shall have the rights accorded a party before the commission in its proceedings but may not appeal as a party a decision of the commission to the circuit court. This paragraph does not apply after June 30, 1999.
196.44(3)
(3) Actions, character, venue. Any forfeiture, fine or other penalty under this chapter may be recovered as a forfeiture in a civil action brought in the name of the state in the circuit court of Dane county or in the county that would be the proper place of trial under
s. 801.50.
196.44 History
History: Sup. Ct. Order, 67 W (2d) 585, 775 (1975);
1977 c. 29 ss.
1337,
1654 (10) (c),
1656 (43);
1977 c. 272; Stats. 1977 s. 196.44;
1981 c. 390 s.
252;
1983 a. 53;
1993 a. 496.
196.48
196.48
Incriminating evidence. No person may be excused from testifying or from producing books, accounts and papers in any proceeding based upon or growing out of any violation of
chs. 195 to
197, on the ground or for the reason that the testimony or evidence may tend to incriminate or subject the person to penalty or forfeiture. A person who testifies under this section may not be:
196.48(1)(a)(a) Prosecuted or subjected to any penalty or forfeiture for testifying or producing evidence.
196.48(2)
(2) Exempted from prosecution or punishment for perjury in testifying.
196.49
196.49
Authorization from commission before transacting business; extensions and improvements to be approved; enforcement of orders; natural gas. 196.49(1)(ag)(ag) In this subsection, "public utility" does not include a telecommunications utility.
196.49(1)(am)
(am) No public utility not legally engaged in performing a utility service on August 1, 1931, in any municipality may commence the construction of any public utility plant, extension or facility, or render service in such municipality directly, or indirectly by serving any other public utility or agency engaged in public utility service or otherwise, unless the public utility has obtained a certificate from the commission authorizing it to transact public utility business.
196.49(1)(b)
(b) This subsection applies only to a public utility which was not legally engaged in performing a public utility service on August 1, 1931, in a municipality and which proposes to commence construction or render service in the municipality. If there is a public utility engaged in similar service in operation under an indeterminate permit in the municipality,
ss. 196.495 and
196.50 apply.
196.49(2)
(2) No public utility may begin the construction, installation or operation of any new plant, equipment, property or facility, nor the construction or installation of any extension, improvement or addition to its existing plant, equipment, property, apparatus or facilities unless the public utility has complied with any applicable rule or order of the commission and with
s. 281.35, if applicable. If a cooperative association has been incorporated under
ch. 185 for the production, transmission, delivery or furnishing of light or power and has filed with the commission a map of the territory to be served by the association and a statement showing that a majority of the prospective consumers in the area are included in the project, no public utility may begin any such construction, installation or operation within the territory until after the expiration of 6 months from the date of filing the map and notice. If the cooperative association has entered into a loan agreement with any federal agency for the financing of its proposed system and has given written notice of the agreement to the commission, no public utility may begin any construction, installation or operation within the territory until 12 months after the date of the loan agreement.
196.49(3)(a)(a) In this subsection, "project" means construction of any new plant, equipment, property or facility, or extension, improvement or addition to its existing plant, equipment, property, apparatus or facilities. The commission may require by rule or special order that a public utility submit, periodically or at such times as the commission specifies and in such detail as the commission requires, plans, specifications and estimated costs of any proposed project which the commission finds will materially affect the public interest.
196.49(3)(b)
(b) Except as provided in
par. (d), the commission may require by rule or special order under
par. (a) that no project may proceed until the commission has certified that public convenience and necessity require the project. The commission may refuse to certify a project if it appears that the completion of the project will do any of the following:
196.49(3)(b)1.
1. Substantially impair the efficiency of the service of the public utility.
196.49(3)(b)2.
2. Provide facilities unreasonably in excess of the probable future requirements.
196.49(3)(b)3.
3. When placed in operation, add to the cost of service without proportionately increasing the value or available quantity of service unless the public utility waives consideration by the commission, in the fixation of rates, of such consequent increase of cost of service.
196.49(3)(c)
(c) The commission may issue a certificate for the project or for any part of the project which complies with the requirements of this section, or the commission may attach to the issuance of its certificate such terms and conditions as will ensure that the project meets the requirements of this section. The issuance of a certificate under this section shall not be a condition precedent to the exercise of eminent domain under
ch. 32.
196.49(3)(d)
(d) A telecommunications utility is not required to obtain commission certification before beginning a construction project.
196.49(5)(a)(a) No public utility furnishing gas to the public in this state may construct, install or place in operation any new plant, equipment, property or facility, or construct or install any extension, improvement, addition or alteration to its existing plant, equipment, property or facilities for the purpose of connecting its properties and system to a source of supply of gaseous fuel for sale to the public which is different from that which has been sold previously, or for the purpose of adapting its facilities to use the different kind of gaseous fuel unless the commission certifies that the general public interest and public convenience and necessity require the connection to or use of the different fuel. No public utility may substitute natural gas or a mixture of natural and manufactured gas in lieu of manufactured gas for distribution and sale to the public unless it has obtained from the commission a certificate that the general public interest and public convenience and necessity require the substitution.
196.49(5)(b)
(b) Proceedings for a certificate under
par. (a) shall be commenced by petition to the commission in a form prescribed by the commission, furnishing such information as the commission by rule or order prescribes. The commission shall prescribe the form of notice, to whom the notice shall be given, and how notice shall be given.
196.49(5)(c)
(c) A petition under
par. (b) may include one or more municipalities, may be made by one or more public utilities as a joint petition, by any other interested person or by a public utility and any other interested person. The commission may direct the consolidation, separation or consideration of separate petitions as it deems necessary or expedient to a prompt hearing and disposition of the issue.
196.49(5)(d)
(d) Upon the filing of a petition under
par. (b), notice of hearing on the petition shall be given by the person filing the petition by publication of a class 2 notice, under
ch. 985, or by mailing or personal service, as the commission directs by the order under
par. (b). Notice under this paragraph shall be given at least 2 weeks prior to hearing on the petition. Proof of notice shall be filed as directed by the commission.
196.49(5)(e)
(e) The commission, with or without an order, prior to or during any hearing under this subsection, may frame and prescribe special issues and limit the issues or the nature and extent of proof so as to avoid unnecessary duplication. The commission, with or without an order, may proceed with the hearing as to part of a petition under
par. (b) as it may find desirable to a full but speedy hearing upon the petition.
196.49(5)(f)
(f) The commission may accept as presumptive evidence in a commission proceeding the facts found in findings and orders of the federal energy regulatory commission or any federal agency having jurisdiction as to the availability of adequate supplies of natural gas, the adequacy or sufficiency of equipment and facilities to be employed in the delivery or storage of natural gas for any public utility, and any similar findings or determinations affecting the seller or person furnishing natural gas to any public utility and material to the ultimate determination of the issues in the proceeding. The commission may accept and take judicial notice of its own files and records, including all proceedings and the evidence therein which it finds to be material and relevant. The commission shall give notice of the taking of judicial notice under this paragraph prior to the conclusion of final hearings upon any proceeding so as to give interested parties the right to object to acceptance of the evidence or to contradict the evidence by other competent evidence.
196.49(5)(g)
(g) A certificate granted under
par. (a) shall be authorized by an order following a hearing. The order shall contain any condition or limitation which the commission deems necessary or practicable, including, but not limited to, exceptions or regulations as to specific communities or public utilities, provision for protection of employes under existing labor contracts, as well as other employes, so as to avoid unemployment, regulations for accounting for expenses for change-over to the use of natural gas where necessary and to the extent necessary, provision for amortization of any expenditure or other items, and any other regulation, condition and limitation which the commission considers necessary in the public interest.
196.49(5)(h)
(h) The commission by order may extend a certificate under
par. (a) to more than one public utility or municipality. The commission may prescribe different conditions and regulations for each public utility or municipality if the commission deems the different conditions and regulations necessary to carry out the purposes of this section.
196.49(5)(i)
(i) In making a determination under this section, the commission shall consider all appropriate factors affecting the public interest, including, but not limited to, when the substitution of natural or a mixture of natural and manufactured gas is involved, the likelihood of substantial rate reduction from the substitution and the effect of the substitution upon employment, existing business and industries, railroads and other transportation agencies and facilities, upon conveniences, economies and savings to consumers, upon existing gas utilities and their ability to continue to serve the public and upon the state, any of its political subdivisions or any citizen or resident of the state.
196.49(6)
(6) If the commission finds that any public utility has taken or is about to take an action which violates or disregards a rule or special order under this section, the commission, in its own name either before or after investigation or public hearing and either before or after issuing any additional orders or directions it deems proper, may bring an action in the circuit court of Dane county to enjoin the action. If necessary to preserve the existing state of affairs, the court may issue a temporary injunction pending a hearing upon the merits. An appeal from an order or judgment of the circuit court may be taken to the court of appeals.
196.49 History
History: Sup. Ct. Order, 67 W (2d) 585, 775 (1975);
1977 c. 187;
1979 c. 110 s.
60 (9);
1983 a. 53;
1985 a. 60;
1993 a. 496;
1995 a. 227.
196.49 Annotation
There is no hearing requirement as to the issuance of a certificate authorizing service. Adams-Marquette E. Coop. v. P.S.C. 51 W (2d) 718, 188 NW (2d) 515.
196.49 Annotation
Term "public" in (3) (b) includes all electric consumers in state, not simply ratepayers of utility seeking authorization. Wis. Power & Light v. Pub. Ser. Comm. 148 W (2d) 881, 437 NW (2d) 888 (Ct. App. 1989).
196.491
196.491
Advance planning of electric generating facilities and transmission lines. 196.491(1)(a)
(a) "Bulk electric generating facility" means electric generating equipment and associated facilities designed for nominal operation at a capacity of 300,000 kilowatts or more.
196.491(1)(b)
(b) "Commencement of construction" means site clearing, excavation, placement of facilities or any other substantial action adversely affecting the natural environment of the site, but does not mean borings necessary to determine foundation conditions or other preconstruction monitoring to establish background information related to site or environmental suitability.
196.491(1)(c)
(c) "Department" means the department of natural resources.
196.491(1)(d)
(d) "Electric utility" means any public utility, as defined in
s. 196.01, which is involved in the generation, distribution and sale of electric energy, and any corporation, company, individual or association, and any cooperative association organized under
ch. 185 for the purpose of generating, distributing or furnishing electric energy at retail or wholesale to its members only, which owns or operates, or plans within the next 10 years to construct, own or operate, bulk electric generating facilities, large electric generating facilities or high-voltage transmission lines in the state.
196.491(1)(e)
(e) "Facility" means a bulk electric generating facility, a large electric generating facility or a high-voltage transmission line.
196.491(1)(f)
(f) Except as provided in
subs. (2) (b) 8. and
(3) (d) 3m., "high-voltage transmission line" means a conductor of electric energy exceeding one mile in length designed for operation at a nominal voltage of 100 kilovolts or more, together with associated facilities, and does not include transmission line relocations that the commission determines are necessary to facilitate highway or airport projects.
196.491(1)(g)
(g) "Large electric generating facility" means electric generating equipment and associated facilities designed for nominal operation at a capacity of between 12,000 and 300,000 kilowatts.
