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.
196.43 History
History: Sup. Ct. Order, 67 W (2d) 585, 775 (1975);
1977 c. 187 s.
135;
1983 a. 53;
1997 a. 218.
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 or telecommunications providers, and for the punishment of all violations.
196.44(2)(b)
(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;
1997 a. 218.
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.
196.485
196.485
Independent system operator. 196.485(1)(a)
(a) "Affiliated interest of a person" means any of the following:
196.485(1)(a)1.
1. Any person owning or holding directly or indirectly 5% or more of the voting securities of the person.
196.485(1)(a)2.
2. Any person in any chain of successive ownership of 5% or more of voting securities of the person.
196.485(1)(a)3.
3. Any corporation 5% or more of whose voting securities is owned by any person owning 5% or more of the voting securities of the person or by any person in any chain of successive ownership of 5% or more of the voting securities of the person.
196.485(1)(a)4.
4. Any person who is an officer or director of the person or of any corporation in any chain of successive ownership of 5% or more of the voting securities of the person.
196.485(1)(a)5.
5. Any corporation operating a servicing organization for furnishing supervisory, construction, engineering, accounting, legal or similar services to the person, which corporation has one or more officers or one or more directors in common with the person, and any other corporation which has directors in common with the person if the number of directors of the corporation is more than one-third of the total number of the person's directors.
196.485(1)(b)
(b) "Cooperative" means a cooperative association organized under
ch. 185.
196.485(1)(c)
(c) "Federal agency" means, with respect to a transmission utility that is a cooperative, the rural utilities service and, with respect to a transmission utility that is a public utility, the federal energy regulatory commission.
196.485(1)(d)
(d) "Independent system operator" means an independent system operator that requires the approval of a federal agency to operate transmission facilities in this state or a region.
196.485(1)(dm)
(dm) "Independent transmission owner" means a person that satisfies each of the following:
196.485(1)(dm)1.
1. The person does not own electric generation facilities or does not sell electric generation capacity or energy in a market within the geographic area that, on December 31, 1997, was served by the Mid-America Interconnected Network, Inc., Mid-Continent Area Power Pool, East Central Area Reliability Coordination Agreement or Southwest Power Pool reliability council of the North American Electric Reliability Council.
196.485(1)(dm)3.
3. The person is not an affiliated interest of a person specified in
subd. 1.
196.485(1)(e)
(e) "Region" means an interstate geographic area that includes any portion of this state.
196.485(1)(f)
(f) "Rural utilities service" means the agency in the federal department of agriculture that is the successor to the rural electrification administration.
196.485(1)(fm)
(fm) "Subsidiary" means any person, 5% or more of the securities of which are directly or indirectly owned by another person.
196.485(1)(g)
(g) "Transmission area" means the area of the state that, on January 1, 1997, was served by the Mid-America Interconnected Network, Inc., reliability council of the North American Electric Reliability Council.
196.485(1)(h)
(h) "Transmission facility" means any pipe, pipeline, duct, wire, line, conduit, pole, tower, equipment or other structure used for the transmission of electric power as determined by the public service commission on the basis of factors for identifying a transmission facility that are specified in the orders of the federal energy regulatory commission under
16 USC 824d and
824e.
196.485(1)(i)
(i) "Transmission utility" means a cooperative or public utility that owns a transmission facility in this state and that provides transmission service in this state.
