196.85(6)
(6) No action for recovery of any amount paid pursuant to this section shall be maintained in any court unless objections have been filed with the commission as herein provided. In any action for recovery of any payments made under this section the claimant shall be entitled to raise every relevant issue of law, but the commission's findings of fact made pursuant to this section shall be prima facie evidence of the facts therein stated.
196.85(7)
(7) The following shall be deemed to be findings of fact of the commission, within the meaning of this section:
196.85(7)(a)(a) Determinations of fact expressed in bills rendered pursuant to this section; (b) determinations of fact set out in those minutes of the commission which record the action of the commission in passing upon said bills, and in passing upon objections thereto.
196.85(8)
(8) The procedure by this section providing for determining the lawfulness of bills and the recovery back of payments made pursuant to such bills shall be exclusive of all other remedies and procedures.
196.855
196.855
Assessment of costs against municipalities. Any expense incurred by the commission in making any appraisal or investigation of public utility property under
ch. 197 shall be charged directly to the municipality making the application. The commission shall ascertain the expense, and shall render and review any bill under
s. 196.85 insofar as applicable. For the purpose of calculating the expense, 90% of the costs determined shall be costs of the commission and 10% of the costs determined shall be costs of state government operations. If a bill under this section is not paid within the time required by
s. 196.85, the bill shall bear interest at the rate of 6% per year and the amount of the bill and the interest shall be certified to the department of administration and shall be levied and collected as a special charge in the same manner as a state tax.
196.856
196.856
Assessment for acid deposition activities. 196.856(1)(1) The commission shall annually assess against the major utilities, as defined under
s. 285.41 (1) (f), the total, not to exceed $400,000, of the amount appropriated under
s. 20.370 (2) (cj) for acid deposition studies and evaluation and monitoring activities conducted by the department of natural resources.
196.856(2)
(2) The commission shall, with the cooperation of the department of natural resources, promulgate rules establishing a method for assessing each major utility an amount that is proportionate to its fraction of the total amount of sulfur dioxide emissions from major utilities in this state.
196.856(3)
(3) This section does not apply after June 30, 1996.
196.857
196.857
Stray voltage program. 196.857(1g)(a)(a) The commission shall establish and administer a stray voltage program. The program shall focus on regulation, education, inspection and investigation relating to stray voltage.
196.857(1g)(b)
(b) The commission shall identify standardized test procedures check lists and equipment to be used by public utilities to investigate stray voltage. The commission may audit the results of investigations.
196.857(1g)(c)
(c) The commission shall conduct classroom and on-farm stray voltage training sessions for public utilities, cooperatives, electricians or other interested parties.
196.857(1g)(d)
(d) The commission shall conduct unannounced spot checks of on-farm stray voltage testing done by public utilities if the farmer gives permission for the check at the time the farm is visited. The commission may inspect the operation of public utility stray voltage programs to ensure that proper equipment and procedures are being used and to ensure that investigators are properly trained.
196.857(1g)(e)
(e) In cooperation with the department of agriculture, trade and consumer protection, the commission shall investigate the causes of stray voltage on individual farms, recommend to farmers solutions to stray voltage problems and evaluate the effectiveness of on-site technical assistance.
196.857(1m)
(1m) Assessments. The commission shall assess annually all of the following amounts to public utilities which produce electricity and which have annual gross operating revenues related to electricity in excess of $100,000,000 in proportion to their respective electric gross operating revenues during the last calendar year, derived from intrastate operations:
196.857(2)
(2) Due date. A public utility shall pay the total amount that it is assessed under
sub. (1m) within 30 days after it receives a bill for that amount from the commission. The bill constitutes notice of the assessment and demand of payment.
196.857(2g)
(2g) Farm service fees. The commission may charge reasonable fees not to exceed $300 per farm for services provided to farmers under this section. The fees shall be in accordance with a standardized schedule of fees established by the commission by rule. The fees collected under this subsection shall be credited to the appropriation account under
s. 20.115 (8) (j) in each fiscal year.
196.857(2k)
(2k) Other services fees. The commission may charge a reasonable fee for services, other than on-farm site-related services, provided under this section. The fee may not exceed the actual costs of the services. The fees collected under this subsection shall be credited to the appropriation account under
s. 20.155 (1) (L) in each fiscal year.
196.857(2m)
(2m) Additional investigations. If the commission, at the request of an electric cooperative organized under
ch. 185 or any public utility which is not assessed under
sub. (1m), conducts an investigation of the causes of stray voltage on any farm receiving electrical service from that electric cooperative or public utility, that electric cooperative or public utility shall pay reasonable fees assessed by the commission in accordance with a standardized schedule of fees established by the commission by rule. The amounts received under this subsection shall be credited to the appropriation account under
s. 20.155 (1) (L).
196.858
196.858
Assessment for telephone relay service. 196.858(1)(1) The commission shall annually assess against local exchange and interexchange telecommunications utilities the total, not to exceed $5,000,000, of the amounts appropriated under
s. 20.505 (4) (is).
196.858(2)
(2) The commission shall assess a sum equal to the annual total to local exchange and interexchange telecommunications utilities in proportion to their gross operating revenues during the last calendar year. If total expenditures for telephone relay service exceeded the payment made under this section in the prior year, the commission shall charge the remainder to assessed telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunication utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation under
s. 20.505 (4) (is).
196.858(5)
(5) A telecommunications utility may not recover the assessment under this section by billing a customer for the assessment on a separate line in a billing statement.
196.858 History
History: 1989 a. 336;
1991 a. 39.
196.91
196.91
Acquisition of existing dams. 196.91(1)
(1) Except as provided under
s. 196.92 (3) (c), every domestic corporation lawfully engaged in the business of producing, transmitting, delivering or furnishing heat, light, water or power to or for the public may acquire, for the purpose of developing power and generating energy for public use in the business:
196.91(1)(a)
(a) Any dam in or across any navigable waters of this state.
196.91(1)(b)
(b) All flowage and other rights and property necessary to the maintenance of any dam under
par. (a).
196.91(1)(c)
(c) Any undeveloped water power or dam site upon any navigable waters within this state, except as provided under
sub. (2).
196.91(2)
(2) No award in any condemnation proceedings authorized by
sub. (1) shall be effective, and no corporation may purchase or otherwise acquire any property under
sub. (1) until it obtains from the commission a certificate that public convenience and necessity require the acquisition of the property, at the amount fixed by the award or agreed upon with the owner of the property.
196.91 History
History: 1983 a. 53;
1985 a. 187.
196.92
196.92
Procedure for acquiring dams. 196.92(1)
(1) If a corporation under
s. 196.91 (1) desires to purchase or acquire any property under
s. 196.91, the corporation shall apply to the commission for a certificate of public convenience and necessity. The application shall state:
196.92(1)(a)
(a) The name of any owner of the property sought to be acquired.
196.92(1)(b)
(b) The business in connection with which it is desired to utilize the property.
196.92(1)(c)
(c) The specific public purpose for which it is proposed to use the property.
196.92(1)(d)
(d) The compensation or price to be paid for the property.
196.92(1)(e)
(e) A statement to the effect that the corporation agrees to cancel all contracts for the sale of hydroelectric power outside this state, if the commission finds that the contract interferes with adequate service and reasonable rates to the people of this state.
196.92(1)(f)
(f) Any other information the commission requires.
196.92(2)
(2) If the commission receives an application under
sub. (1), the commission shall fix a convenient time and place for a public hearing on the application. The time may not be more than 8 weeks from the date of filing the application. The commission shall give notice of the time and place to the applicant. Prior to the hearing the applicant shall publish the time and place as a class 3 notice, under
ch. 985. Not less than 20 days prior to that date, the applicant shall serve notice of the hearing upon any owner of the property personally, or by registered mail, if the post-office address of the owner, by due diligence, can be ascertained. Proof of the publication and service of the notice shall be filed with the commission.
196.92(3)(a)(a) At a hearing under this section or any adjournment of the hearing, the commission shall consider the application and shall receive the evidence offered by the applicant and any other person for or against the application.
196.92(3)(b)
(b) The commission may issue a certificate that public convenience and necessity require the utilization of the property as proposed by the applicant if the commission finds that:
196.92(3)(b)1.
1. The acquisition and use of the property in connection with the business of the applicant for the purpose or purposes and at the price or compensation set forth in the application would be a public convenience;
196.92(3)(b)2.
2. The applicant possesses the financial ability to utilize the property for its proposed purpose; and
196.92(3)(b)3.
3. Public necessity requires the proposed acquisition and use.
196.92(3)(c)
(c) Section 196.91 shall not apply to the acquisition of flowage rights necessary for the improvement or development of dams or dam sites previously acquired.
196.92 History
History: 1983 a. 53 ss.
109 to
111,
113.
196.97
196.97
Nonessential uses of natural gas. 196.97(1)
(1) No gas utility doing business in this state or other person may install, connect or cause to be installed or connected to the distribution system any device which constitutes a nonessential use of natural gas, unless such devices have been ordered and received by any person prior to the effective date of each rule specifying a nonessential use of natural gas under
sub. (2), including item inventories held by retailers or wholesalers.
196.97(2)
(2) The commission shall, by rule, specify criteria for determining a nonessential use of natural gas for purposes of this section. The commission shall, by rule, specify each nonessential use of natural gas under this section. The commission may review any nonessential use of natural gas specified under this subsection at any time. Every rule promulgated under this subsection shall be transmitted to the joint committee for review of administrative rules for review by the joint committee.
196.97(3)
(3) The commission may make rules as it deems necessary to carry out the purposes of and to enforce this section. The commission shall provide for exemptions for nonessential uses of natural gas for reasons of health, safety or unusual hardship.
196.97(4)
(4) Any person who violates this section or any rule promulgated under this section shall be subject to a forfeiture of not more than $400 for each day of violation.
196.97 History
History: 1977 c. 369;
1979 c. 154.
196.975
196.975
Local access and transport area boundaries. 196.975(1)(1) One hundred fifty or more consumers, as defined in
s. 196.213 (1) (a) 1., who are residents of the same local exchange area for telecommunications service may file with the commission a petition requesting that commission staff, in cooperation with the affected telecommunications utilities and telecommunications carriers, petition the appropriate federal district court to include their local exchange area in a different local access and transport area. The petitioners shall include with the petition information explaining why the current boundaries of the local access and transport area which includes their local exchange area does not adequately reflect areas of common social, economic and other concerns.
196.975(2)
(2) After receiving a petition under
sub. (1), the commission shall schedule a public hearing, to be held in the local exchange area of the petitioners, serving to receive testimony on the contents of the petition and any other matters deemed relevant by the commission. The commission shall publish a class 1 notice under
ch. 985 in a newspaper serving the local exchange area at least 20 days prior to the hearing.
196.975(3)
(3) If, after the hearing under
sub. (2), the commission determines that there is sufficient evidence that current boundaries of the local access and transport area does not adequately reflect areas of common social, economic and other concerns and that there is substantial public support within the local exchange area to include the area in a different local access and transport area, the commission shall direct its staff, in cooperation with the affected telecommunications utilities and telecommunications carriers to petition the appropriate federal district court to revise the local access and transport area boundaries. All of the commission's expenses of petitioning the federal court shall be paid by the commission from its appropriation under
s. 20.155 (1) (g).
196.975 History
History: 1985 a. 297;
1993 a. 496.
196.98
196.98
Water reporting required. The commission shall ensure that each public utility to which
s. 281.35 applies shall comply with the requirements of that section and shall report its volume and rate of withdrawal, as defined under
s. 281.35 (1) (m), and its volume and rate of water loss, as defined under
s. 281.35 (1) (L), if any, to the commission in the form and at the times specified by the department of natural resources. The commission shall provide the information reported under this section to the department of natural resources.
196.98 History
History: 1985 a. 60;
1995 a. 227.
