196.795(7)(am)1.
1. The purchase or sale of securities or other appropriate cash management practices.
196.795(7)(am)2.
2. The establishment and maintenance of cash accounts in banks or other financial institutions.
196.795(7)(ar)
(ar) Three years after the formation of a holding company under this section, the commission shall report its findings under
par. (a) to the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2). Thereafter the commission shall, based on its existing investigative findings, rate reviews and other relevant information, submit to the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), a report on the impact of the holding company, including the benefits and adverse effects on every public utility affiliate in the holding company system and on the investors and consumers of such public utility affiliates, at least once every 2 years. The report shall include any recommendations for legislation relating to the regulation of any part of a holding company system.
196.795(7)(b)
(b) The commission, on its own motion, or, at its discretion, upon the complaint of any person, may, after reasonable notice and an opportunity for hearing, conduct an investigation to determine if any practice of a holding company system violates any provision of
sub. (5) (b) to
(s) or any limitation, term or condition imposed under
sub. (2) (e) or
(f). If the commission finds after investigation, notice and opportunity for hearing that any practice of any company in a holding company system violates any provision of
sub. (5) (b) to
(s) or any term, limitation or condition imposed under
sub. (2) (e) or
(f), the commission, by order or otherwise, shall direct the company to modify or cease the practice. Such order is reviewable under
ch. 227. The circuit court of Dane county, by appropriate process including the issuance of a preliminary injunction by suit of the commission, may enforce an order to cease or modify a practice under this paragraph.
196.795(7)(c)
(c) The commission, after investigation and a hearing, may order a holding company to terminate its interest in a public utility affiliate on terms adequate to protect the interests of utility investors and consumers and the public, if the commission finds that, based upon clear and convincing evidence, termination of the interest is necessary to protect the interests of utility investors in a financially healthy utility and consumers in reasonably adequate utility service at a just and reasonable price. The circuit court of Dane county may enforce by appropriate process an order establishing a plan of reorganization to terminate a holding company system's interest in a public utility affiliate. Any such order of the commission issued under this paragraph may be reviewed under
ch. 227.
196.795(8)(a)(a) This section does not apply to any holding company which was organized or created before November 28, 1985, and which was not organized or created by or at the direction of a public utility.
196.795(8)(b)
(b) This section does not apply to any telecommunications utility.
196.795(9)
(9) Protection of business information. If the commission obtains business information from a holding company system which, if disclosed to the public, would put any nonutility affiliate in the holding company system at a material competitive disadvantage, the information is not subject to
s. 19.35 and the commission shall protect such information from public disclosure as if it were a trade secret as defined in
s. 134.90 (1) (c).
196.795(9m)
(9m) Private cause of action. Any company in a holding company system which does, causes or permits to be done any prohibited action under
sub. (5) (c) to
(dr),
(f),
(h),
(k),
(n),
(q),
(r) or
(s), or fails to comply with any term, limitation or condition imposed under
sub. (2) (e) or
(f) consistent with
sub. (5) (c) to
(dr),
(f),
(h),
(k),
(n),
(q),
(r) or
(s), is liable to any person injured thereby in treble the amount of damages sustained in consequence of the prohibited action or failure to act.
196.795(10)
(10) Commission intervenor authority. The commission may intervene on behalf of this state in any proceeding before any state or federal agency or court before which an application or issue related to this section is pending. The commission may enter into any binding settlement related to any proceeding in which the commission has intervened and may exercise any power or right necessary to accomplish the intervention.
196.795(10m)
(10m) Small business protection. In this subsection, "small business" means a business which has had less than $5,000,000 in gross annual sales in the most recent calendar year or fiscal year and which has less than 150 employes. The commission shall provide assistance, monitoring and advocacy in protecting small business interests under
s. 196.795 in any action or proceedings before the commission.
196.795(11)(a)(a) This section may not be deemed to diminish the commission's control and regulation over the operations and assets of any public utility.
196.795(11)(b)
(b) This section shall be deemed to legalize and confirm the formation, prior to November 28, 1985, of any holding company, which is not itself a public utility, and shall be deemed to legalize and confirm the operations and issuances of securities of the holding company, except that nothing in this section shall be deemed to prevent the commission from imposing reasonable terms, limitations or conditions on any holding company which are consistent with the requirements of
sub. (5) (pm) or which are consistent with and necessary to satisfy the requirements of
sub. (5) (b) to
(o) and
(q) to
(s) or which relate to future investments by the holding company unless the holding company owns, operates, manages or controls a telecommunications utility and does not also own, operate, manage or control a public utility which is not a telecommunications utility.
196.795 Note
NOTE: This section was created by
1985 Act 79. Section 1 of that Act is entitled "Findings and purpose."
196.80
196.80
Consolidation or merger of utilities. 196.80(1g)
(1g) In this section, "public utility" does not include a telecommunications utility.
196.80(1m)
(1m) With the consent and approval of the commission but not otherwise a public utility may:
196.80(1m)(a)
(a) Merge or consolidate with one or more other public utilities.
196.80(1m)(b)
(b) Acquire the stock of any other public utility or any part thereof.
196.80(1m)(d)
(d) Consolidate or merge with any Wisconsin corporation if substantially all of the assets of the corporation consist of the entire stock of the public utility. The total of the resulting securities outstanding of the possessor corporation which have not been authorized previously under
ch. 200 shall require authorization under
ch. 200 as a condition precedent to the merger or consolidation.
196.80(1m)(e)
(e) Sell, acquire, lease or rent any public utility plant or property constituting an operating unit or system.
196.80(3)
(3) The interested public utility shall make an application for the approval and consent of the commission under this section. The application shall contain a concise statement of the proposed action, the reasons for the action and any other information required by the commission. If an application is filed, the commission shall investigate the application. The investigation may be with or without public hearing. If the commission conducts a public hearing, the hearing shall be upon such notice as the commission may require. If the commission finds that the proposed action is consistent with the public interest, it shall give its consent and approval in writing. In reaching its determination the commission shall take into consideration the reasonable value of the property and assets of the corporation to be acquired or merged.
196.80(5)
(5) Any transaction required under this section to be submitted to the commission for its consent and approval shall be void unless the commission gives its consent and approval to the transaction in writing.
196.80(6)
(6) Nothing in this section may be construed to limit any authority conferred by statute upon the commission before June 27, 1935.
196.805
196.805
Consolidation or merger of telecommunications utilities. 196.805(1)(1)
Notice. A telecommunications utility shall provide the commission with adequate notice of any consolidation, merger or acquisition listed in
sub. (2) not more than 10 business days after the completion of the consolidation, merger or acquisition. The commission shall retain continuing supervisory jurisdiction over the telecommunications utility, as necessary to enforce
ss. 196.204 and
196.219.
196.805(2)
(2) Applicability. This section applies to any of the following actions of a telecommunications utility:
196.805(2)(a)
(a) Merger or consolidation with one or more other public utilities.
196.805(2)(b)
(b) Acquisition of 5% or more of the stock of any other public utility.
196.805(2)(c)
(c) Consolidation or merger with any Wisconsin corporation if substantially all of the assets of the corporation consist of the entire stock of the public utility.
196.805(2)(d)
(d) Sale, acquisition, lease or rental of any telecommunications utility plant or property constituting an operating unit or system.
196.805(2)(e)
(e) Acquisition of the majority of the stock of a telecommunications utility by other than a public utility.
196.805 History
History: 1993 a. 496.
196.81
196.81
Abandonment; commission approval required. 196.81(1)(1) No public utility may abandon or discontinue any line or extension or service thereon without first securing the approval of the commission. In granting its approval, the commission may impose any term, condition or requirement it deems necessary to protect the public interest. If a public utility abandons or discontinues a line or extension or service thereon upon receiving commission approval, the public utility shall be deemed to have waived any objection to any term, condition or requirement imposed by the commission in granting the approval.
196.81(2)
(2) The commission may not approve a request by an electric or telecommunications utility to abandon a right-of-way, unless the commission requires the public utility to remove any pole at ground level from the right-of-way and any other structure which extends more than 3 feet above ground level and which belongs to the utility at the time of abandonment. If the commission approves a request under this section it shall require any part of the abandoned right-of-way which is in a rural area and which was obtained by the utility by condemnation to be disposed of by the utility within 3 years from the date of approval. The commission may rescind the disposal requirement if the utility applies for rescission within 6 months prior to the end of the 3-year period and if the commission finds that the requirement would subject the utility to undue hardship.
196.81(3)
(3) This section does not apply to a service discontinuance by a telecommunications utility.
196.84
196.84
Commission's holding company and nonutility affiliate regulation costs. Under rules promulgated by the commission, a holding company, as defined in
s. 196.795 (1) (h) or a nonutility affiliate, as defined under
s. 196.795 (1) (j), shall compensate the commission for the cost of any increase in regulation of any public utility affiliate, as defined under
s. 196.795 (1) (L), which is with the holding company or nonutility affiliate in a holding company system as defined in
s. 196.795 (1) (i), if the commission determines that the increase is reasonably required in order for the commission to implement and enforce
s. 196.795. Such compensation may not be recovered directly or indirectly from any public utility affiliate. The commission shall assess such compensation using the procedure prescribed in
s. 196.85, except that no advance payment of a remainder assessment under
s. 196.85 (2) may be required for the first 2 fiscal years after November 28, 1985. No assessment may be made under this section against any holding company or nonutility affiliate for any time worked by any person under
s. 196.795 (10m) if the time is properly assessable for utility regulation under
s. 196.85. For the purpose of calculating cost increases under this section, 90% of the cost increases determined shall be costs of the commission and 10% of the cost increases determined shall be costs of state government operations.
196.84 History
History: 1985 a. 79;
1991 a. 269.
196.85
196.85
Payment of commission's expenditures. 196.85(1)
(1) If the commission in a proceeding upon its own motion, on complaint, or upon an application to it deems it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts, practices and activities of, or make appraisals of the property of any public utility, power district or sewerage system or to render any engineering or accounting services to any public utility, power district or sewerage system, the public utility, power district or sewerage system shall pay the expenses attributable to the investigation, including the cost of litigation, appraisal or service. The commission shall mail a bill for the expenses to the public utility, power district or sewerage system either at the conclusion of the investigation, appraisal or services, or during its progress. The bill constitutes notice of the assessment and demand of payment. The public utility, power district or sewerage system shall, within 30 days after the mailing of the bill pay to the commission the amount of the special expense for which it is billed. Ninety percent of the payment shall be credited to the appropriation account under
s. 20.155 (1) (g). The total amount in any one calendar year for which any public utility, power district or sewerage system is liable, by reason of costs incurred by the commission within the calendar year, including charges under
s. 200.10 (3), may not exceed four-fifths of one percent of its gross operating revenues derived from intrastate operations in the last preceding calendar year. Nothing in this subsection shall prevent the commission from rendering bills in one calendar year for costs incurred within a previous year. For the purpose of calculating the costs of investigations, appraisals and other services under this subsection, 90% of the costs determined shall be costs of the commission and 10% of the costs determined shall be costs of state government operations.
Effective date note
NOTE: Section 196.85 (title) is shown as amended eff. 5-1-99 by
1997 Wis. Act 229. Prior to 5-1-99 it reads:
196.85 Note
196.85 (title) Payment of commission's expenditures by utilities.
196.85(1m)(a)(a) For the purpose of direct assessment under
sub. (1) of expenses incurred by the commission in connection with its activities under
s. 196.491, the term "public utility" includes electric utilities as defined in
s. 196.491 (1) (d).
196.85(1m)(b)
(b) For the purpose of direct assessment under
sub. (1) of expenses incurred by the commission in connection with its activities under
s. 196.04 (4), the term "public utility" includes a cable operator, as defined in
s. 66.082 (2) (b).
196.85(2)
(2) The commission shall annually, within 90 days of the commencement of each fiscal year, calculate the total of its expenditures during the prior fiscal year which are reasonably attributable to the performance of its duties relating to public utilities, sewerage systems and power districts under this chapter and
chs. 66,
198 and
200 and expenditures of the state for state government operations to support the performance of such duties. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the commission and 10% of the expenditures so determined shall be expenditures for state government operations. The commission shall deduct from this total all amounts chargeable to public utilities, sewerage systems and power districts under
sub. (1) and
s. 200.10 (3). The commission shall assess a sum equal to the remainder plus 10% of the remainder to the public utilities and power districts in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. If, at the time of payment, the prior year's expenditures made under this section exceeded the payment made under this section in the prior year, the commission shall charge the remainder to the public utilities and power districts in proportion to their gross operating revenues during the last calendar year. If, at the time of payment it is determined that the prior year's expenditures made under this section were less than the payment made under this section in the prior year, the commission shall credit the difference to the current year's payment. The assessment shall be paid within 30 days after the bill has been mailed to the public utilities and power districts. The bill constitutes notice of the assessment and demand of payment. Ninety percent of the payment shall be credited to the appropriation account under
s. 20.155 (1) (g).
196.85(2e)
(2e) Annually, the commission shall assess a joint local water authority for the commission's costs under
s. 66.0735 (8) directly attributable to that joint local water authority. The commission shall bill the joint local water authority for the amount of the assessment.
196.85(2g)
(2g) The commission shall annually, within 90 days after the commencement of each fiscal year, assess against mobile home park operators the total amount appropriated under
s. 20.155 (1) (i). The commission shall assess each mobile home park operator an amount in proportion to the total number of mobile homes and manufactured homes in all mobile home parks owned or managed by the mobile home park operator on July 1 of the current fiscal year as a fraction of the total number of mobile homes and manufactured homes in all mobile home parks in this state on July 1 of the current fiscal year. If necessary, the commission shall adjust the amount assessed to correct any incorrect assessment that was made in a prior fiscal year. A mobile home park operator shall pay the assessment within 30 days after the commission mails the bill to the mobile home park operator. The bill constitutes notice of the assessment and demand for payment. Payments shall be credited to the the appropriation account under
s. 20.155 (1) (i).
196.85(2m)
(2m) Annually, the commission shall assess telecommunications utilities for the cost of one attorney position in the department of justice to provide services relating to telecommunications matters and for the cost of supplies, services and equipment related to that position. The amounts received under this subsection shall be credited to the appropriation under
s. 20.455 (1) (kt). This subsection does not apply after June 30, 1999.
196.85(3)
(3) If any public utility, sewerage system, joint local water authority, mobile home park operator or power district is billed under
sub. (1),
(2), [or] (2e) or (2g) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in this subsection, the commission shall transmit to the state treasurer a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, sewerage system, joint local water authority, mobile home park operator or power district a copy of the notice which it has transmitted to the state treasurer. Within 10 days after the receipt of notice and certified copy of the bill the state treasurer shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, sewerage system, joint local water authority, mobile home park operator or power district. The levy by distress and sale shall be governed by s.
74.10, 1985 stats., except that it shall be made by the state treasurer and that goods and chattels anywhere within the state may be levied upon.
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 bracketed language was inserted by
1997 Wis. Act 218, but rendered surplusage by
1997 Wis. Act 229. Corrective legislation is pending. Prior to 5-1-99 it reads:
Effective date text
(3) If any public utility, sewerage system, joint local water authority or power district is billed under sub. (1), (2) or (2e) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in this subsection, the commission shall transmit to the state treasurer a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, sewerage system, joint local water authority or power district a copy of the notice which it has transmitted to the state treasurer. Within 10 days after the receipt of notice and certified copy of the bill the state treasurer shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, sewerage system, joint local water authority or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the state treasurer and that goods and chattels anywhere within the state may be levied upon.
196.85(4)(a)(a) Within 30 days after the date of the mailing of any bill under
sub. (1),
(2), [and] (2e) or (2g) the public utility, sewerage system, joint local water authority, mobile home park operator or power district that has been billed may file with the commission objections setting out in detail the grounds upon which the objector regards the bill to be excessive, erroneous, unlawful or invalid. The commission, after notice to the objector, shall hold a hearing upon the objections, from 5 to 10 days after providing the notice. If after the hearing the commission finds any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its findings upon its minutes and transmit to the objector by registered mail an amended bill, in accordance with the findings. The amended bill shall have the same force and effect under this section as an original bill rendered under
sub. (1),
(2), [and] (2e) or (2g).
Effective date note
NOTE: Par. (a) 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 bracketed language was inserted by
1997 Wis. Act 218, but rendered surplusage by
1997 Wis. Act 229. Corrective legislation is pending. Prior to 5-1-99 it reads:
Effective date text
(a) Within 30 days after the date of the mailing of any bill under subs. (1), (2) and (2e) the public utility, sewerage system, joint local water authority or power district that has been billed may file with the commission objections setting out in detail the grounds upon which the objector regards the bill to be excessive, erroneous, unlawful or invalid. The commission, after notice to the objector, shall hold a hearing upon the objections, from 5 to 10 days after providing the notice. If after the hearing the commission finds any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its findings upon its minutes and transmit to the objector by registered mail an amended bill, in accordance with the findings. The amended bill shall have the same force and effect under this section as an original bill rendered under subs. (1), (2) and (2e).
196.85(4)(b)
(b) If after such hearing the commission finds the entire bill unlawful or invalid it shall notify the objector by registered mail of such determination, in which case said original bill shall be deemed null and void.
196.85(4)(c)
(c) If after such hearing the commission finds that the bill as rendered is neither excessive, erroneous, unlawful or invalid either in whole or in part it shall record such findings upon its minutes, and transmit to the objector by registered mail notice of such finding.
196.85(4)(d)
(d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that the objections have been overruled and disallowed by the commission has been mailed to the objector as provided in this subsection, the commission shall give notice of the delinquency to the state treasurer and to the objector, in the manner provided in
sub. (3). The state treasurer shall then proceed to collect the amount of the delinquent bill as provided in
sub. (3). If an amended bill is not paid within 10 days after a copy of the amended bill is mailed to the objector by registered mail, the commission shall notify the state treasurer and the objector as in the case of delinquency in the payment of an original bill. The state treasurer shall then proceed to collect the amount of the amended bill as provided in the case of an original bill.
196.85(5)
(5) No suit or proceeding may be maintained in any court to restrain or delay the collection or payment of any bill rendered under
sub. (1),
(2), [and] (2e) or (2g). Every public utility, sewerage system, joint local water authority, mobile home park operator or power district that is billed shall pay the amount of the bill, and after payment may in the manner provided under this section, at any time within 2 years from the date the payment was made, sue the state to recover the amount paid plus interest from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part. If the court finds that any part of the bill for which payment was made was excessive, erroneous, unlawful or invalid, the state treasurer shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.
Effective date note
NOTE: Sub. (5) 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 bracketed language was inserted by
1997 Wis. Act 218, but rendered surplusage by
1997 Wis. Act 229. Corrective legislation is pending. Prior to 5-1-99 it reads:
Effective date text
(5) No suit or proceeding may be maintained in any court to restrain or delay the collection or payment of any bill rendered under subs. (1), (2) and (2e). Every public utility, sewerage system, joint local water authority or power district that is billed shall pay the amount of the bill, and after payment may in the manner provided under this section, at any time within 2 years from the date the payment was made, sue the state to recover the amount paid plus interest from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part. If the court finds that any part of the bill for which payment was made was excessive, erroneous, unlawful or invalid, the state treasurer shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.
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.
196.85 Annotation
Revenue from "intrastate operations" under sub. (2) includes revenue from interstate telecommunications originating within the state. MCI Telecommunications Corp. v. State, 209 W (2d) 310, 562 NW (2d) 594 (1997).
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.
196.857
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(1m)(b)
(b) The amount appropriated under
s. 20.115 (3) (j), less any fees received from farmers under
sub. (2g) and credited to the appropriation account under
s. 20.115 (3) (j). The amounts received under this paragraph shall be credited to the appropriation account under
s. 20.115 (3) (j).
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.
