196.02(9)
(9) Technicalities disregarded. Substantial compliance with the requirements of the statutes shall be sufficient to make effective any rule, regulation, order or action of the commission. No rule, regulation, order or action of the commission is invalid for any omission of a technical nature.
196.02(10)
(10) Commission notices; certifications. Any notice of investigation or hearing or certification to a copy of a record of the commission may be issued or certified by any member of the commission or by its secretary or assistant secretary.
196.02(12)
(12) Sue; be sued. The commission may sue and be sued in its own name, and may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.
196.02 Cross-reference
Cross Reference: See also
PSC, Wis. adm. code.
196.02 Annotation
The PSC has authority to order a utility to refund compensation collected in violation of its filed tariffs. GTE North Inc. v. PSC
176 Wis. 2d 559,
500 N.W.2d 284 (1993).
196.02 Annotation
Public service commission ordered rebates for inadequate service. 1976 WLR 584.
196.025
196.025
Duties of the commission. 196.025(1)
(1) To the extent cost-effective, technically feasible and environmentally sound, the commission shall implement the priorities under
s. 1.12 (4) in making all energy-related decisions and orders, including advance plan, rate setting and rule-making orders.
196.025(2)
(2) The commission shall promulgate rules establishing requirements and procedures for the commission to carry out the duties under
s. 1.11. Rules promulgated under this subsection shall include requirements and procedures for each of the following:
196.025(2)(a)
(a) Standards for determining the necessity of preparing an environmental impact statement.
196.025(2)(b)
(b) Adequate opportunities for interested persons to be heard on environmental impact statements, including adequate time for the preparation and submission of comments.
196.025(2)(c)
(c) Deadlines that allow thorough review of environmental issues without imposing unnecessary delays in addressing the need for additional electric transmission capacity in this state.
196.025(3)
(3) The commission shall promulgate rules establishing requirements and procedures for electric utilities, as defined under
s. 196.491 (1) (d), to file reports with the commission, on a frequency that the commission determines is reasonably necessary, on their current reliability status, including the status of operating and planning reserves, available transmission capacity and outages of major operational units and transmission lines. A report filed under the rules promulgated under this subsection is subject to inspection and copying under
s. 19.35 (1), except that the commission may withhold the report from inspection and copying for a period of time that the commission determines is reasonably necessary to prevent an adverse impact on the supply or price of energy in this state.
196.025(4)(a)(a) In consultation with the department of administration and the department of revenue, the commission shall study the establishment of a program for providing incentives for the development of high-efficiency, small-scale electric generating facilities in this state that do either of the following:
196.025(4)(a)1.
1. Provide benefits in the form of support for electric distribution or transmission systems, power quality or environmental performance.
196.025(4)(a)2.
2. Employ technologies such as combined heat and power systems, fuel cells, microturbines, or photovoltaic systems that may be situated in, on, or next to buildings or other electric load centers.
196.025(4)(b)
(b) No later than January 1, 2001, the commission shall submit a report of its findings and recommendations under
par. (a) to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3).
196.025(5)(ag)(ag) In this subsection, "electric cooperative" means a cooperative association organized under
ch. 185 for the purpose of generating, distributing or furnishing electric energy at retail or wholesale to its members only.
196.025(5)(ar)
(ar) The commission shall contract with an expert consultant in economics to conduct a study on the potential for horizontal market power, including the horizontal market power of electric generators, to frustrate the creation of an effectively competitive retail electricity market in this state and to make recommendations on measures to eliminate such market power on a sustainable basis. The study shall include each of the following:
196.025(5)(ar)1.
1. An assessment of the effect of each recommendation on public utility workers and shareholders and electric cooperative workers and members.
196.025(5)(ar)1m.
1m. An assessment of the effect of each recommendation on rates for each class of public utility customers and electric cooperative members.
196.025(5)(ar)2.
2. An evaluation of the impact of transmission constraints on the market power of electric generators in local areas.
196.025(5)(b)
(b) No later than January 1, 2001, the commission shall submit a report of the results of the study under
par. (ar) to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3).
196.025 History
History: 1993 a. 414;
1999 a. 9;
2001 a. 38.
196.025 Note
NOTE: 1993 Wis. Act 414, which creates this section, contains extensive explanatory notes.
196.025 Cross-reference
Cross Reference: See also
PSC, Wis. adm. code.
196.03
196.03
Utility charges and service; reasonable and adequate. 196.03(1)(1) Subject to
s. 196.63, a public utility shall furnish reasonably adequate service and facilities. The charge made by any public utility for any heat, light, water, telecommunications service or power produced, transmitted, delivered or furnished or for any service rendered or to be rendered in connection therewith shall be reasonable and just and every unjust or unreasonable charge for such service is prohibited and declared unlawful.
196.03(2)
(2) For rate-making purposes the commission may consider 2 or more municipalities as a regional unit if the same public utility serves the municipalities and if the commission determines that the public interest so requires.
196.03(3)(a)(a) In the case of a public utility furnishing water, the commission shall include, in the determination of water rates, the cost of fluoridating the water in the area served by the public utility furnishing water if the governing body of the city, village or town which owns or is served by the public utility furnishing water authorizes the fluoridation of water by the public utility furnishing water.
196.03(3)(b)
(b) Unless the governing body of a city, village or town adopts a resolution providing that the city, village or town will pay the retail charges for the production, storage, transmission, sale and delivery or furnishing of water for public fire protection purposes that are not included in general service charges:
196.03(3)(b)1.
1. A public utility shall include the charges in the water utility bill of each customer of the public utility in the city, village or town.
196.03(3)(b)2.
2. A municipal utility may, in addition to including the charges in water utility bills under
subd. 1., bill the charges to any person who meets all of the following conditions:
196.03(3)(b)2.b.
b. The person owns land that is located in the city, village or town and in an area in which the municipal utility has an obligation to provide water for public fire protection.
196.03(4)
(4) Any public utility which is not a city, town or village and which supplies gas or electricity to its customers may not recover in rates set by the commission from any customer for any expenditure for costs in a proceeding before the commission which exceed 4 times the total amount assessed to the utility under
s. 196.85 (1) and
(2) unless the object of the expenditure has been ordered by the commission. The commission, by rule, shall establish procedures whereby a public utility may recover its expenditures under this subsection.
196.03(5)(a)(a) In this subsection "facility" means nuclear-fired electric generating equipment and associated facilities subject to a loss of coolant accident in March 1979.
196.03(5)(b)
(b) The commission may not authorize a utility furnishing electricity to recover in rates charged to consumers for the costs of repairing, maintaining or operating any facility owned by another public utility located outside of this state.
196.03(5)(c)
(c) The commission may not authorize a utility furnishing electricity to recover in rates charged to consumers for insurance premiums that provide coverage for an accident at a facility in March 1979, if the coverage is first obtained on or after May 7, 1982.
196.03(5)(d)
(d) No utility may otherwise pay directly or indirectly for the costs in
pars. (b) and
(c).
196.03(5m)
(5m) The commission shall promulgate rules establishing requirements and procedures for the commission, in setting rates for retail electric service, to reflect the assignment of costs and the treatment of revenues from sales to customers outside this state that the public utility does not have a duty to serve.
196.03 Cross-reference
Cross Reference: See also ch.
PSC 117, Wis. adm. code.
196.03(6)
(6) In determining a reasonably adequate telecommunications service or a reasonable and just charge for that telecommunications service, the commission shall consider at least the following factors in determining what is reasonable and just, reasonably adequate, convenient and necessary or in the public interest:
196.03(6)(c)
(c) Impact on the quality of life for the public, including privacy considerations.
196.03(6)(e)
(e) Promotion of economic development, including telecommunications infrastructure deployment.
196.03(6)(g)
(g) Promotion of telecommunications services in geographical areas with diverse income or racial populations.
196.03 Cross-reference
Cross Reference: See also chs.
PSC 113,
134, and
185, Wis. adm. code.
196.03 Annotation
A charge for fire protection services under sub. (3) is a fee not a tax; imposing the fee against a church is constitutional. City of River Falls v. St. Bridget's Catholic Church,
182 Wis. 2d 436,
513 N.W.2d 673 (Ct. App. 1994).
196.03 Annotation
This section and related administrative rules dictate contract terms between a regulated utility and its customers and do not create any duties independent of the utility service contract. A phone company's failure to include a subscriber in its directory did not result in tort liability. Recycle Worlds Consulting Corp. v. Wisconsin Bell,
224 Wis. 2d 586,
592 N.W.2d 637 (Ct. App. 1999).
196.03 Annotation
A public utility has no duty to provide services to persons in the utility's area of undertaking requesting service who live in a mobile home park, are supplied with services by a vendor selected by the park operator that is not a public utility, and are not claiming that service is inadequate or rates unreasonable. An agreement between the park operator and the selected vendor is not void as against public policy. Northern States Power Co. v. National Gas Company, Inc. 2000 WI App 30,
232 Wis. 2d 541,
606 N.W.2d 613.
196.04
196.04
Facilities granted other utilities; physical telecommunications connections; petition; investigation. 196.04(1)(a)1.
1. "Transmission equipment and property" means any conduit, subway, pole, tower, transmission wire or other equipment on, over or under any street or highway.
196.04(1)(a)2.
2. "Physical connection" means the number of trunk lines or complete circuits and connections, including connections by wire, optics, radio signal or other means, required to furnish reasonably adequate telecommunications service between telecommunications providers.
196.04(1)(b)
(b)
Transmission equipment and property access. 196.04(1)(b)1.1. Any person who owns transmission equipment and property shall permit, for reasonable compensation, the use of the transmission equipment and property by any public utility or telecommunications provider if public convenience and necessity require such use and if the use will not result in irreparable injury to any owner or user of the transmission equipment and property or in any substantial detriment to the service to be rendered by the owner or user.
196.04(1)(b)2.
2. Every telecommunications utility shall permit physical connections to be made, and telecommunications service to be furnished, between any telecommunications system operated by it and the telecommunications toll line operated by another telecommunications provider, or between its toll line and the telecommunications system of another telecommunications provider, or between its toll line and the toll line of another telecommunications provider, or between its telecommunications system and the telecommunications system of another telecommunications provider if all of the following apply:
196.04(1)(b)2.b.
b. The connection will not result in irreparable injury to the owners or other users of the facilities of the public utility making the connection.
196.04(1)(b)2.c.
c. The connection will not result in any substantial detriment to the service to be rendered by a public utility making the connection.
196.04(2)
(2) If there is a failure to agree upon use of transmission equipment and property under
sub. (1) or the conditions or compensation for the use, or if there is a failure to agree upon the physical connections or the terms and conditions upon which the physical connections shall be made, any public utility, any telecommunications provider or any other person interested may apply to the commission. If, after investigation, the commission determines that public convenience and necessity require the use or physical connections and that the use or physical connections will not result in irreparable injury to the owner or other users of the transmission equipment and property or of the facilities of the public utility or in any substantial detriment to the service to be rendered by the owner or the public utility or other users of the transmission equipment and property or facilities, the commission, by order, shall direct that the use be permitted and that the physical connections be made. The commission shall prescribe reasonable conditions and compensation for the use and shall determine how and within what time the connections shall be made and by whom the expense of making and maintaining the connections shall be paid. An order under this subsection may be revised by the commission.
196.04(4)(a)2.
2. "Sewerage system operator" means any of the following:
196.04(4)(a)2.b.
b. A town sanitary district commission that operates a sewerage system under 60.77 (4).
196.04(4)(a)2.e.
e. A public inland lake protection and rehabilitation district that exercises the powers of a town sanitary district under
s. 33.22 (3) and that operates a sewerage system under
s. 60.77 (4).
196.04(4)(b)
(b) If the parties cannot agree and the commission finds that public convenience and necessity or the rendition of reasonably adequate service to the public requires that a public utility, telecommunications provider, sewerage system operator or cable operator be permitted to extend its lines on, over or under the right-of-way of any railroad, or requires that the tracks of any railroad be extended on, over or under the right-of-way of any public utility, telecommunications provider, sewerage system operator or cable operator, the commission may order the extension by the public utility, telecommunications provider, sewerage system operator, cable operator or railroad on, over or under the right-of-way of the other if it will not materially impair the ability of the railroad, telecommunications provider, sewerage system operator, cable operator or public utility, on, over or under whose right-of-way the extension would be made, to serve the public. The commission shall prescribe lawful conditions and compensation which the commission deems equitable and reasonable in light of all the circumstances.
196.04 Cross-reference
Cross Reference: See also ch.
PSC 132, Wis. adm. code.
196.04 Annotation
It was reasonable to determine that an award under sub. (4) should consist of compensation for: 1) the right of crossing the railway, measured by the diminution of value; and 2) the consequential damages that result directly from the construction and maintenance of the utility's crossing. Wisconsin Central LTD. v. PSC,
170 Wis. 2d 558,
490 N.W.2d 27 (Ct. App. 1992).
196.05
196.05
Public utility property; valuation; revaluation. If the commission deems it proper or necessary for effective regulation, the commission shall value or revalue all the property of every public utility actually used and useful for the convenience of the public.
196.05 History
History: 1983 a. 53.
196.06
196.06
Uniform accounting; forms; books; office. 196.06(1)(1) Every public utility shall keep and render to the commission in the manner and form prescribed by the commission uniform accounts of all business transacted.
