196.66(3)(b)
(b) A court imposing a forfeiture on a public utility or an agent, director, officer or employe of a public utility under this chapter shall consider all of the following in determining the amount of the forfeiture:
196.66(3)(b)1.
1. The appropriateness of the forfeiture to the volume of business of the public utility.
196.66(3)(b)3.
3. Any good faith attempt to achieve compliance after the public utility, agent, director, officer or employe receives notice of the violation.
196.66(4)(a)(a) If an act or omission causes death or a life-threatening or seriously debilitating injury, and is subject to a forfeiture proceeding under this chapter, the maximum forfeiture that may be imposed shall be trebled.
196.66(4)(b)
(b) If a public utility fails to comply with any rule, order or direction of the commission after actual receipt by the public utility of written notice from the commission specifying the failure, the maximum forfeiture under
sub. (1) shall be $15,000.
196.665
196.665
Unlawful combinations, trusts. 196.665(1)
(1) The state may take possession of any dam maintained under a permit granted under
s. 31.06 or
31.08 by proceedings instituted by the commission if the dam:
196.665(1)(a)
(a) Is owned, leased, trusteed, possessed or controlled in any manner that makes it form a part of or in any way effect an unlawful combination.
196.665(1)(b)
(b) Is controlled by any combination in the form of an unlawful trust.
196.665(1)(c)
(c) Forms the subject of any contract or conspiracy to limit the output of any hydraulic or hydroelectric power derived from the dam.
196.665(2)
(2) In proceedings under this section, the members of the commission shall be appointed to act as receivers during a period of time to be determined by the court.
196.665 History
History: 1983 a. 53.
196.67(1)(1) Any person constructing, operating or maintaining an overhead electrical supply line with a voltage of 6,000 or more between conductors or between conductors and the ground shall place warning signs from 4 to 6 feet above the ground, upon all poles or other structures supporting the line.
196.67(1m)
(1m) If it determines that it is necessary for public safety, the commission, by order or rule, may apply
sub. (1) to any person constructing, operating or maintaining an overhead electrical supply line with a voltage of 2,000 or more.
196.67(2)
(2) The commission shall establish standards for warning signs on overhead electrical supply line poles and structures.
196.67(3)
(3) A public utility or an agent, as defined in
s. 196.66 (3) (a), violating this section shall be fined not less than $50 nor more than $5,000 for each offense. A director or officer of a public utility violating this section shall be fined not less than $50 nor more than $2,500 for each offense. An employe of a public utility violating this section shall be fined not less than $50 nor more than $1,000 for each offense.
196.675
196.675
Unlawful for carriers and public utilities to employ assistant district attorneys or judicial officers. 196.675(1)(1) No common carrier operating within this state and no public utility, except a municipal public utility, may retain or employ an assistant district attorney or any person holding a judicial office.
196.675(2)
(2) If any assistant district attorney or any person holding a judicial office violates this section, the assistant district attorney's or judge's office shall be deemed vacant.
196.675(3)
(3) This section does not apply to court commissioners.
196.68
196.68
Municipal officers, malfeasance. If any officer of a municipality which owns or operates a public utility does, causes or permits to be done any matter, act or thing prohibited or declared to be unlawful under this chapter or
ch. 197 or omits, fails, neglects or refuses to perform any duty which is enjoined upon him or her and which relates directly or indirectly to the enforcement of this chapter and
ch. 197, or if the officer omits, fails, neglects or refuses to obey any lawful requirement or order of the commission or any judgment or decree of a court upon its application, for every such violation, failure or refusal the officer shall forfeit not less than $50 nor more than $2,500.
196.69
196.69
Interference with commission's equipment. 196.69(1)(1) If any person destroys, injures or interferes with any apparatus or appliance owned, in the charge of or operated by the commission or its agent, the person shall be fined not more than $5,000 or imprisoned for not more than 30 days or both if the person is a public utility or an agent, as defined in
s. 196.66 (3) (a), fined not more than $2,500 or imprisoned for not more than 30 days or both if the person is a director or officer of a public utility, or fined not more than $1,000 or imprisoned for not more than 30 days or both if the person is an employe of a public utility.
196.69(2)
(2) Any public utility permitting a violation of this section shall forfeit not more than $5,000 for each offense.
196.69 History
History: 1983 a. 53;
1989 a. 49.
196.70
196.70
Temporary alteration or suspension of rates. 196.70(1)(1) The commission, when it deems necessary to prevent injury to the business or interests of the people or any public utility in case of any emergency to be judged of by the commission, may by order temporarily alter, amend, or with the consent of the public utility concerned, suspend any existing rates, schedules and order relating to or affecting any public utility or part of any public utility.
196.70(2)
(2) The commission may direct an order under
sub. (1) to part of a public utility or to one or more public utilities and may prescribe when the order takes effect and for how long the order shall be in effect.
196.70 History
History: 1983 a. 53.
196.70 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.
196.71
196.71
Municipal public utility contracts. If a municipality owns a public utility and if there is no other public utility furnishing the same service, the commission, after a public hearing and determination that the municipally owned public utility cannot be operated profitably, may authorize a contract between the municipality and any person not a public utility to furnish light, power or electric current to the municipality upon terms and conditions approved by the commission. The person contracting with the municipality is not a public utility solely due to the contract with the municipality.
196.71 History
History: 1983 a. 53.
196.72
196.72
Accidents; public utility report; investigation. 196.72(1)(a)(a) The commission may issue orders or rules, after hearing, requiring public utilities to record or report accidents which occur upon the public utilities' premises or which arise directly or indirectly from, or are connected with, the public utilities' maintenance or operation.
196.72(1)(b)
(b) Notwithstanding any statute to the contrary, any report filed with the commission under
par. (a) shall be without prejudice to the person making the report and shall be for the sole information and use of the commission and its staff. Neither the report nor its content may be made available to any other person. The report may not be used as evidence in any trial, civil or criminal, arising out of the event concerning which the report is submitted.
196.72(2)
(2) The commission shall investigate any accident under
sub. (1) if the commission deems that the public interest requires it. The commission shall hold the investigation in the locality of the accident, unless it is more convenient to hold it at some other place. The commission may adjourn the investigation from place to place. The commission shall give the public utility reasonable notice of the time and place of the investigation.
196.72 History
History: 1983 a. 53;
1985 a. 297.
196.74
196.74
Electric lines; safety and interference. Each public utility and railroad which owns, operates, manages or controls along or across any public or private way any wires over which electricity or messages are transmitted shall construct, operate and maintain the wires and any related equipment in a manner which is reasonably adequate and safe and which does not unreasonably interfere with the service furnished by any other public utility or railroad. The commission may issue orders or rules, after hearing, requiring electric construction and operating of such wires and equipment to be safe. The commission may revise the orders or rules as may be required to promote public safety. If any interested party files a complaint with the commission indicating that public safety or adequate service requires changes in construction, location or methods of operation, the commission shall give notice to the parties in interest of the filing of the complaint. The commission shall proceed to investigate the complaint and shall order a hearing on it. After the hearing the commission shall order any change in construction or location or change of methods of operation required for public safety or to avoid service interference. The commission shall indicate in the order by whom the change shall be made. The commission shall fix the proportion of the cost and expense of the change, which shall be paid by the parties in interest. The commission shall fix reasonable terms and conditions related to the payment of the cost and expense.
196.74 History
History: 1983 a. 53.
196.745
196.745
Construction and operation; safety; commission orders. 196.745(1)(a)(a) A person who owns, operates, manages or controls any facility for the production, transmission or distribution of gas shall construct, operate and maintain the facility in a reasonably adequate and safe manner. Except as provided in
par. (b), the commission may issue orders or rules, after holding a hearing, requiring the construction and operation of the facility to be safe, and may revise the orders or rules as required to promote public safety. Except as provided under
par. (b), upon complaint to the commission that a facility is unsafe, the commission may proceed under
s. 196.26 or
196.28 (1).
Sections 196.26 and
196.28 (1), as they apply to a public utility, apply to a person under this subsection. After holding a hearing the commission shall order any alteration in construction, maintenance or operation required in the interest of public safety.
196.745(1)(b)
(b) Paragraph (a) does not authorize the commission to do any of the following:
196.745(1)(b)1.
1. Issue an order or rule regarding the construction and operation of, or proceed under
s. 196.26 or
196.28 (1) against, a propane gas distribution system that is not a public utility.
196.745(1)(b)2.
2. Unless specifically authorized by the federal department of transportation, proceed against an interstate pipeline company under
s. 196.26 or
196.28 (1).
196.745(1)(b)3.
3. Issue an order or rule requiring prior approval for the construction of a facility for the production, transmission or distribution of gas.
196.745(2)(a)(a) Any person violating
sub. (1) (a), or any order or rule issued under
sub. (1) (a), shall forfeit an amount not exceeding $25,000. Each day of violation is a separate violation of
sub. (1) (a). No person may forfeit an amount exceeding $500,000 for a single persisting violation of
sub. (1) (a) or any order or any rule issued under
sub. (1) (a).
196.745(2)(b)
(b) The commission may compromise any forfeiture assessed under
par. (a).
196.745(2)(c)
(c) The commission shall consider the following in determining the amount of a forfeiture or whether a compromise is appropriate under this section:
196.745(2)(c)3.
3. Any good faith attempt to achieve compliance after notification of the violation.
196.745(3)
(3) The commission may seek injunctive relief for a violation of
sub. (1) (a) or any order or rule issued under
sub. (1) (a). The commission shall notify any person against whom the commission contemplates taking an action. The commission shall allow the person to present his or her views and shall give the person a reasonable opportunity to achieve compliance unless the person knowingly and wilfully violates
sub. (1) (a) or any order or rule issued under
sub. (1) (a). The failure of the commission to give notice and opportunity to comply shall not preclude the granting of appropriate relief. The circuit court for Dane county has jurisdiction under
s. 196.44 (3) to enforce
sub. (1) (a) and to grant injunctive relief under this section.
196.745(4)
(4) Any person may demand a jury trial when charged with contempt of court because he or she has violated an injunction issued under
sub. (3).
Chapter 785 is applicable to contempt proceedings for the violation, unless
ch. 785 conflicts with the right to a jury trial.
196.76
196.76
Other rights of action; penalties cumulative. This chapter and
ch. 197 shall not have the effect of releasing or waiving any right of action by the state or by any person for any right, penalty or forfeiture which arises under any law of this state. All penalties and forfeitures accruing under this chapter and
ch. 197 shall be cumulative. A suit for recovery of one penalty or forfeiture may not bar the recovery of any other penalty.
196.76 History
History: 1981 c. 390;
1983 a. 53.
196.77
196.77
Promotional rates. Except as provided in this section, nothing in this chapter prohibits a telecommunications utility from filing a tariff to make a limited offering of promotional rates. A promotional rate under this section shall take effect automatically at the time specified in the tariff but not earlier than 10 days after the date the tariff is filed with the commission unless the commission authorizes an earlier effective date or suspends the tariff within 10 days after the date on which it is filed. The commission may suspend a tariff if it believes that the tariff violates
s. 196.204,
196.209 or
196.219. If the commission suspends a tariff, it shall investigate and resolve the matter within 60 days after the date on which the tariff is suspended or the tariff shall be effective as filed.
196.78
196.78
Voluntary dissolution. No corporation or limited liability company owning or operating a public utility may be dissolved unless the commission consents. The commission may consent only after hearing. The commission shall give at least 30 days' notice to each municipality in which the public utility is operated and an opportunity to be heard to each municipality and to the stockholders in the corporation or members of a limited liability company.
196.78 History
History: 1983 a. 53;
1993 a. 112.
196.79
196.79
Reorganization subject to commission approval. 196.79(1)(1) Except as provided in
sub. (2), the reorganization of any public utility shall be subject to the supervision and control of the commission. No reorganization may take effect without the written approval of the commission. The commission may not approve any plan of reorganization unless the applicant for approval establishes that the plan of reorganization is consistent with the public interest.
196.79(2)
(2) Subsection (1) does not apply to a telecommunications utility, except that the telecommunications utility shall provide the commission with adequate notice of the reorganization not more than 10 business days after the reorganization of the telecommunications utility. The commission shall retain continuing supervisory jurisdiction over the reorganization of the telecommunications utility, as necessary to enforce
ss. 196.204 and
196.219.
196.795
196.795
Public utility holding companies. 196.795(1)(b)
(b) "Appliance" means any equipment used directly for cooking, drying, water tempering, space heating, space cooling or space ventilation. "Appliance" does not include equipment or devices which monitor or control the primary energy supply or source for any equipment used directly for cooking, drying, water tempering, space heating, space cooling or space ventilation.
196.795(1)(c)
(c) "Beneficial owner" means, with respect to a security, any person who in any way has the unconditional power to vote or receive the economic gains or losses of the security. "Beneficial owner" does not mean, with respect to a security, any person, including but not limited to any of the following, holding the security for another person:
196.795(1)(c)2.
2. The trustee of a stock purchase plan or a dividend reinvestment plan.
196.795(1)(c)6.
6. An underwriter for the first 40 days following acquisition of securities from an issuer if the securities are held in the underwriter's own account.
196.795(1)(e)
(e) "Commercial building" means any building which is used primarily for carrying out any business, including but not limited to a nonprofit business, and any building which is used primarily for the manufacture or production of products, raw materials or agricultural commodities.
196.795(1)(f)
(f) "Company" means any partnership, corporation, joint-stock company, business trust or organized group of persons, whether incorporated or not, and any receiver, trustee or other liquidator of a partnership, association, joint-stock company, business trust or organized group of persons. "Company" does not include a municipality or other political subdivision.
196.795(1)(g)
(g) "Form a holding company" means any of the following:
196.795(1)(g)1.
1. As a beneficial owner, to take, hold or acquire 5% or more of the outstanding voting securities of a public utility with the unconditional power to vote those securities.
