Effective date note
NOTE: Sub. (3) is shown as affected eff. 5-1-99 by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The statutory cite in single brackets must be deleted in order to reconcile the treatment by
1997 Wis. Acts 218 and
229. Corrective legislation is pending. Prior to 5-1-99 it reads:
Effective date text
(3) Notice of the time and place for a hearing under sub. (2) shall be given to the public utility, and to such other interested persons as the commission deems necessary. After the notice has been given, proceedings shall be had and conducted in reference to the matter investigated as if a complaint specified in s. 196.26 (1) (a) 1, had been filed with the commission relative to the matter investigated. The same order or orders may be made in reference to the matter as if the investigation had been made on complaint under s. 196.26.
196.28(4)
(4) This section does not apply to rates, tolls or charges of a telecommunications cooperative or small telecommunications utility except as provided in
s. 196.205 or
196.215 (2).
196.28 Annotation
See note to 227.52, citing Wis. Environmental Decade v. Public Service Comm. 93 W (2d) 650, 287 NW (2d) 737 (1980).
196.30
196.30
Utilities may complain. Any public utility may file a complaint with the commission on any matter affecting its own product or service.
196.30 History
History: 1983 a. 53.
196.31
196.31
Intervenor financing. 196.31(1)
(1) In any proceeding before the commission, the commission may compensate any participant in the proceeding who is not a public utility, for some or all of the reasonable costs of participation in the proceeding if the commission finds that:
196.31(1)(a)
(a) The participation is necessary to provide for the record an adequate presentation of a significant position in which the participant has a substantial interest, and that an adequate presentation would not be possible without a grant of compensation; or
196.31(1)(b)
(b) The participation has provided a significant contribution to the record and has caused a significant financial hardship to the participant.
196.31(1m)
(1m) The commission shall compensate any consumer group or consumer representative for all reasonable costs of participating in a hearing under
s. 196.196 (1) (g) or
196.198.
196.31(2)
(2) Compensation granted under this section shall be paid from the appropriation under
s. 20.155 (1) (j) and shall be assessed under
s. 196.85 (1), except that, if the commission finds that the participation for which compensation is granted relates more to a general issue of utility regulation rather than to an issue arising from a single proceeding, the cost of the compensation may be assessed under
s. 196.85 (2). Any payment by a public utility for compensation under this section assessed under
s. 196.85 (1) or
(2) shall be credited to the appropriation under
s. 20.155 (1) (j).
196.31(3)
(3) The commission shall adopt rules to implement this section.
196.32
196.32
Witness fees and mileage. 196.32(1)
(1) Any witness who appears before the commission or its agent, by order, shall receive for the applicable attendance the fees provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid under
s. 885.07, upon the presentation of proper vouchers sworn to by such witnesses and approved by the chairperson of the commission. Fees paid under this section shall be charged to the appropriation for the commission under
s. 20.155 (1) (g).
196.32(2)
(2) No witness subpoenaed at the instance of parties other than the commission may be compensated under this section unless the commission certifies that the testimony of the witness was material to the matter investigated.
196.32 History
History: 1983 a. 53.
196.33
196.33
Depositions. The commission or any party in any investigation or hearing may cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts. Any expense incurred or authorized by the commission in taking a deposition shall be charged to the appropriation for the commission under
s. 20.155 (1) (g).
196.33 History
History: 1983 a. 53.
196.34
196.34
Commission records. The commission shall keep a complete record of its proceedings before the commission or its agent in any formal investigation or hearing.
196.34 History
History: 1983 a. 53;
1995 a. 27.
196.36
196.36
Transcripts and tapes. 196.36(1)
(1)
Transcripts. The commission shall receive into evidence a transcribed copy of the evidence and proceedings, or any specific part of the evidence and proceedings, on any investigation or hearing taken by a stenographer if the stenographer certifies that the copy is a true and correct transcript of all the testimony or of the testimony of a particular witness, or of any other specific part of the investigation or hearing, that the transcript was carefully compared by the stenographer with his or her original notes, and that the copy is a correct statement of the evidence presented and proceedings held in the investigation or hearing. The certified copy shall have the same effect as if the stenographer were present and testified to the correctness of the copy.
196.36(1m)
(1m) Transcripts from tapes. The commission shall receive into evidence a transcribed copy of an audiotape or videotape of the evidence and proceedings, or any specific part of the evidence and proceedings, of any investigation or hearing that is recorded if the transcriber certifies that the copy is a true and correct transcription from the audiotape or videotape of all the testimony or of the testimony of a particular witness, or of any other specific part of the investigation or hearing and that the copy is a correct statement of the evidence presented and proceedings held in the investigation or hearing. The certified copy shall have the same effect as if the transcriber were present and testified to the correctness of the copy.
196.36(1r)
(1r) Production expenses. The commission may require any party to an investigation or hearing to bear the expense of producing a transcript, audiotape or videotape that is related to the investigation or hearing.
196.36(2)
(2) Copies. Upon request, the commission shall furnish a copy of a transcript under this section to any party to the investigation or hearing from which the transcript is taken and shall furnish a copy of an audiotape or videotape to any party to the investigation or hearing from which the audiotape or videotape is taken. The commission may charge a reasonable price for the transcript or tape.
196.37
196.37
Lawful rates; reasonable service. 196.37(1)
(1) If, after an investigation under this chapter or
ch. 197, the commission finds rates, tolls, charges, schedules or joint rates to be unjust, unreasonable, insufficient or unjustly discriminatory or preferential or otherwise unreasonable or unlawful, the commission shall determine and order reasonable rates, tolls, charges, schedules or joint rates to be imposed, observed and followed in the future.
196.37(2)
(2) If the commission finds that any measurement, regulation, practice, act or service is unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise unreasonable or unlawful, or that any service is inadequate, or that any service which reasonably can be demanded cannot be obtained, the commission shall determine and make any just and reasonable order relating to a measurement, regulation, practice, act or service to be furnished, imposed, observed and followed in the future.
196.37(3)
(3) Any public utility to which an order under this section applies shall make such changes in schedules on file under
s. 196.19 to make the schedules conform to the order. The public utility may not make any subsequent change in rates, tolls or charges without the approval of the commission, except as provided in
s. 196.205 or
196.215 (2).
196.37(4)
(4) This section does not apply to rates, tolls or charges of a telecommunications cooperative or small telecommunications utility except as provided in
s. 196.205 or
196.215 (2).
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
Renewable energy sources. 196.377(1)
(1)
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(2)(a)1.
1. "Eastern Wisconsin utility" means a public utility, other than a municipal utility that, on May 12, 1998, provided retail electric service to customers in the geographic area of the state that was served by the reliability council on that date.
196.377(2)(a)3.
3. "Municipal utility" means a public utility that is a municipality or that is wholly owned or operated by a municipality.
196.377(2)(a)4.
4. "Reliability council" means the Mid-America Interconnected Network, Inc., reliability council of the North American Electric Reliability Council.
196.377(2)(b)
(b) Except as provided in
par. (d), no later than December 31, 2000, each eastern Wisconsin utility shall construct or procure, on a competitive basis, the construction of an aggregate total of 50 megawatts of new electric capacity in this state that is, to the satisfaction of the commission, generated from renewable energy sources. Each eastern Wisconsin utility shall construct or procure the construction of a share of the aggregate total required under this paragraph that corresponds to the utility's share, as determined by the commission, of the aggregate demand for electricity that is supplied by the utilities in this state.
196.377(2)(c)
(c) An eastern Wisconsin utility may procure the construction required under
par. (a) by issuing requests for proposals no later than September 30, 1998.
196.377(2)(d)
(d) The commission may allow an eastern Wisconsin utility to comply with the requirements under
par. (b) by a date that is later than December 31, 2000, if the commission determines that the later date is necessary due to circumstances beyond the utility's control.
196.377(2)(e)
(e) Any new electric capacity that is generated from a wind power project for which an eastern Wisconsin utility has received a proposal before May 12, 1998, may be counted in determining whether the utility has satisfied the requirements under
par. (b).
196.377(2)(f)
(f) The commission shall allow an eastern Wisconsin utility to recover in its retail electric rates any costs that are prudently incurred by the utility in complying with the requirements under
par. (b).
196.377 History
History: 1993 a. 418;
1997 a. 204.
196.39
196.39
Change, amendment and rescission of orders; reopening cases. 196.39(1)(1) The commission at any time, 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.
196.39(2)
(2) An interested party may request the reopening of a case under
s. 227.49.
196.39(3)
(3) Any order rescinding, altering, amending or reopening a prior order shall have the same effect as an original order.
196.39(4)
(4) 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;
1997 a. 204.
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(3)
(3) No injunction may be issued in any proceeding for review under
ch. 227 of an order of the commission under
s. 196.199 (3) (a) 2., suspending or staying the order, unless the court finds that the person seeking review of the order is likely to succeed on the merits and suffer irreparable harm without the suspension or stay and that the suspension or stay is in the public interest.
