196.09(4)
(4) The commission may provide, in order to meet changing conditions, that a public utility submit from time to time the estimate required under
sub. (1). If it requires such resubmission of estimates, the commission shall follow the procedure for certifying its findings under
sub. (2). In revising the reasonable and proper percentages of depreciation, the commission shall give consideration to the experience of the public utility in accumulating a depreciation reserve under previous rates, any retirements actually made and any other relevant factor.
196.09(5)
(5) If the commission establishes, by certification or order, the reasonable and proper percentages of depreciation, the percentages shall constitute the percentages to be used in any proceeding involving the rates or practices of the public utility, except that if at the time of such proceeding the commission finds that the percentages of depreciation previously established are no longer reasonable and proper, the commission shall establish reasonable and proper percentages for the purpose of such proceeding and certify the new percentages under this section.
196.09(6)(a)(a) If the commission establishes for any public utility, by certification or order, the percentages necessary for depreciation on fixed capital used for public utility purposes, the public utility shall credit to its depreciation reserve in each accounting period the amount required to provide for depreciation at the percentage established. If the public utility is a corporation, the corporation may not pay any dividend out of earnings for any fiscal period subsequent to the commission's certification or order, or carry any portion of its earnings to its surplus account, except out of earnings remaining after crediting its depreciation reserve in accordance with the rates established by the commission, except as provided under
par. (b).
196.09(6)(b)
(b) After application and hearing the commission, upon a finding that it is necessary in the public interest, may exempt a public utility from the duty of crediting to the depreciation reserve in any accounting period a greater amount than is possible without impairing its ability to pay dividends for the current calendar year. Nothing in this section shall be construed to modify the requirements of
ss. 180.0623 and
180.0640.
196.09(7)
(7) If a public utility desires to account for depreciation on a sinking fund basis and the commission determines that such basis of accounting for depreciation reasonably may be employed, the commission shall establish, under
sub. (2), the composite rate to be applied to the aggregate fixed capital used for public utility purposes to determine the amount which shall be charged to operating expenses, and the interest rate applicable to the reserve balance at which additional credits to the reserve shall be computed. If a public utility accounts for depreciation on a sinking fund basis, the public utility shall:
196.09(7)(a)
(a) Credit to the reserve the amount charged to operating expenses plus the amount obtained by applying the interest rate to the reserve balance.
196.09(7)(b)
(b) Be subject to the same restrictions and regulations in its accounting for the entire amount to be credited to the depreciation reserve as are applicable to other public utilities which account for depreciation by other methods under this section.
196.09(8)
(8) No public utility may charge to its depreciation reserve anything except losses on property actually retired from service.
196.09(9)(a)1.1. The commission shall create by order guidelines establishing classes of fixed capital that telecommunications utilities use for public utility purposes, a range of annual depreciation rates for each of those classes and a composite range of annual depreciation rates for all classes of fixed capital.
196.09(9)(a)2.
2. The commission shall review biennially the guidelines established under
subd. 1., except that if the commission receives, more than 365 days before the deadline for a biennial review, a written request from a telecommunications utility for a review, the commission shall review the guidelines no later than 365 days after receiving the request.
196.09(9)(b)
(b) The commission shall determine that an annual depreciation rate is just and reasonable if the rate falls within the range established for that class under
par. (a) 1., if the composite annual depreciation rate falls within the composite range established under
par. (a) 1. for all classes of fixed capital or if the commission previously determined that the rate is just and reasonable.
196.09(9)(c)
(c) A telecommunications utility may implement an annual composite depreciation rate, for all classes of fixed capital that is outside the range established under
par. (a) 1. by filing the rate with the commission. The proposed annual composite depreciation rate shall be effective on the date specified in the filing but not sooner than 90 days from the date of filing with the commission, unless any of the following occurs:
196.09(9)(c)1.
1. During the 90-day period the commission determines that the rate is not just and reasonable or in the public interest.
196.09(9)(c)2.
2. The commission directs that the depreciation rate be made effective at an earlier date.
196.09 Annotation
An order establishing depreciation rates for a utility's nuclear plant did not require an environmental impact statement. Wisconsin Environmental Decade, Inc. v. PSC,
105 Wis. 2d 457,
313 N.W.2d 863 (Ct. App. 1981).
196.10
196.10
Construction; accounting. The commission shall keep itself informed of all new construction, extensions and additions to the property of public utilities, and shall prescribe the necessary forms, regulations and instructions for the keeping of construction accounts, which shall clearly distinguish all operating expenses from new construction.
196.10 Cross-reference
Cross Reference: See also chs.
PSC 113 and
134, Wis. adm. code.
196.11
196.11
Profit sharing and sliding scales. 196.11(1)
(1) A public utility may enter into any reasonable arrangement with its consumers or employees, for the division or distribution of its surplus profits, or providing for a sliding scale of charges, or other financial device if the arrangement is:
196.11(1)(a)
(a) Practicable and advantageous to the parties interested; and
196.11(1)(b)
(b) Entered into by a public utility other than a telecommunications utility and found by the commission to be reasonable and just and consistent with the purposes of this chapter.
196.11(2)
(2) Any arrangement under this section shall be under the supervision and regulation of the commission. The commission may order any rate, charge or regulation which the commission deems necessary to give effect to the arrangement. The commission may make any change in a rate, charge or regulation as the commission determines is necessary and reasonable and may revoke its approval and amend or rescind all orders relative to any arrangement. This subsection does not apply to telecommunications cooperatives or telecommunications utilities.
196.11(3)
(3) A telecommunications utility may enter into any reasonable arrangement with its consumers or employees, for the division or distribution of its surplus profits, or providing for a sliding scale of charges or other financial device, if the arrangement is practical and advantageous to the parties interested.
196.12
196.12
Report by public utilities; items. 196.12(1)
(1) Each public utility shall furnish to the commission, in the form and at the time the commission requires, accounts, reports or other information which shows in itemized detail:
196.12(1)(f)
(f) Receipts from residuals, by-products, services or other sales.
196.12(1)(L)
(L) Any other information whether or not similar to the information under
pars. (a) to
(k).
196.12(2)
(2) No public utility operated by a city, village or town having a population of less than 5,000 shall be required to report under this section except as to earnings, operating expenses, including depreciation and maintenance, cost of renewals, extensions and improvements to the property and the nature and amount of service furnished in such detail as the commission deems necessary, except that if the commission conducts any investigation of the public utility upon formal complaint, the commission may require the detailed reports required under
sub. (1).
196.12 History
History: 1983 a. 53;
1993 a. 246.
196.12 Cross-reference
Cross Reference: See also chs.
PSC 113,
134, and
185, Wis. adm. code.
196.13
196.13
Commission's report. 196.13(1)(1) The commission shall publish biennial reports showing its proceedings together with any financial or other data which concerns and is appropriate for all public utilities and may publish any other report related to public utilities.
196.13(2)
(2) The commission shall publish in its reports the value of all the property actually used and useful for the convenience of the public of a public utility, other than a telecommunications utility, if the commission has held a hearing on the public utility's rates, charges, service or regulations or if the commission has otherwise determined the value of the public utility's property.
196.13 History
History: 1983 a. 53;
1993 a. 496.
196.135
196.135
Confidential handling of records. 196.135(2)
(2) Rules. The commission shall promulgate rules establishing requirements and procedures for the confidential handling of records filed with the commission.
196.135(3)
(3) Notice. If the commission decides to allow public access under
s. 19.35 to a record filed with the commission, the commission shall, before allowing access and within 3 working days after making the decision to allow access, serve written notice of that decision by certified mail or personal service on the person who filed the record, if any of the following applies:
196.135(3)(a)
(a) The commission granted the record confidential handling status under the rules promulgated under
sub. (2).
196.135(3)(b)
(b) The person who filed the record requested confidential handling status under the rules promulgated under
sub. (2) and the commission has not yet acted on the request.
196.135(3)(c)
(c) The commission denied a request for confidential handling under the rules promulgated under
sub. (2); the person whose request was denied filed a petition for review of the commission's decision to deny the request; and the petition is pending before a court.
196.135(4)(a)(a) The commission shall not provide access to a record that is the subject of a notice under
sub. (3) within 12 days of the date of service of the notice.
196.135(4)(b)
(b) A person who is entitled to a notice under
sub. (3) may bring an action for judicial review of a decision by the commission to allow public access under
s. 19.35 to a record.
Section 19.356 (3) to
(8) applies to such an action, except that "record subject" means the person who is entitled to notice under
sub. (3), "authority" means the commission, "notice under
s. 19.356 (2) (a)" means the notice under
sub. (3), and "action commenced under
s. 19.356 (4)" means the action under this paragraph.
196.135 History
History: 2003 a. 47.
196.135 Note
NOTE: 2003 Wis. Act 47, which creates this section, contains extensive explanatory notes.
196.14
196.14
Public record exception. The commission may withhold from public inspection any information which would aid a competitor of a public utility in competition with the public utility.
196.14 History
History: 1983 a. 53;
1985 a. 236,
297.
196.14 Cross-reference
Cross-reference: See s.
19.36 for other public record exceptions.
196.15
196.15
Units of product or service. The commission shall prescribe for each kind of public utility, other than a telecommunications utility, suitable and convenient standard commercial units of product or service.
196.15 History
History: 1993 a. 496.
196.15 Cross-reference
Cross Reference: See also chs.
PSC 113,
134, and
185, Wis. adm. code.
196.16
196.16
Standard measurements; accurate appliances. 196.16(1)(1) The commission shall fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other condition pertaining to the supply of the product or service rendered by a public utility. The commission shall prescribe reasonable regulations for measurement, examination and testing of the product or service.
196.16(2)
(2) The commission shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurement of public utility service.
196.16(3)
(3) This section does not limit any power of a municipal governing body under
s. 196.58.
196.16 History
History: 1983 a. 53;
1997 a. 254.
196.16 Cross-reference
Cross Reference: See also chs.
PSC 113,
134, and
185, Wis. adm. code.
196.17
196.17
Tests of meters; fees. 196.17(1)
(1) The commission shall provide for the examination and testing of every appliance used for measuring any product or service of a public utility.
196.17(2)
(2) Any consumer may have an appliance tested under this section upon payment of a fee fixed by the commission.
196.17(3)
(3) The commission shall establish a reasonable fee to be paid for testing appliances under this section if a consumer requests the test. The fee shall be paid by the consumer at the time of his or her request, but shall be repaid to the consumer if the appliance is found to be defective or incorrect to the disadvantage of the consumer.
196.17(4)
(4) The commission may purchase materials, apparatus and standard measuring instruments for examinations and tests under this section.
196.17 History
History: 1983 a. 53.
196.17 Cross-reference
Cross Reference: See also chs.
PSC 113,
134, and
185, Wis. adm. code.
196.171
196.171
Examination of meters, pipes, fittings, wires and works; entering buildings for. 196.171(1)
(1) Any officer or agent of any public utility furnishing or transmitting water, gas or electric current to the public or for public purposes may enter, at any reasonable time, any place supplied with gas, electricity or water by the public utility, for the purpose of inspecting, examining, repairing, installing or removing the meters, pipes, fittings, wires and works for supplying or regulating the supply of gas, electricity or water and for the purpose of ascertaining the quantity of gas, electricity or water supplied.
196.171(2)
(2) No officer or agent of a public utility may enter any premises under this section unless the officer or agent:
196.171(2)(a)
(a) Was duly appointed by the public utility for the purpose of acting under this section.
196.171(2)(b)
(b) Exhibits written authority signed by the president, by a vice president and secretary, or by a vice president and assistant secretary of the public utility. The authority of any officer or agent of a municipally owned public utility shall be signed by the commissioner of public works or by any other official in charge of the public utility.
196.171(3)
(3) Any person who directly or indirectly prevents or hinders any officer or agent from entering a premises, or from making an inspection, examination, removal or installation under this section shall be fined not more than $25 for each offense.
196.171 History
History: 1983 a. 53.
196.175
196.175
Construction and occupancy standards. The commission may not establish or enforce construction or occupancy standards applicable to any public building, as defined in
s. 101.01 (12), dwelling, as defined in
s. 101.71 (2) or any occupancy standard applicable to any place of employment as defined in
s. 101.01 (11).
