196.28(1)
(1) If the commission believes that any rate or charge is unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any public utility should for any reason be made, the commission on its own motion summarily may investigate with or without notice.
196.28(2)
(2) If, after an investigation under
sub. (1), the commission determines that sufficient grounds exist to warrant a hearing on the matters investigated, the commission shall set a time and place for a hearing. A hearing under this section shall be conducted as a hearing under
s. 196.26.
196.28(3)
(3) Notice of the time and place for a hearing under
sub. (2) shall be given to the public utility and to such other interested persons as the commission considers necessary. After the notice has been given, proceedings shall be had and conducted in reference to the matter investigated as if a complaint specified in
s. 196.26 (1) (a) had been filed with the commission relative to the matter investigated. The same order or orders may be made in reference to the matter as if the investigation had been made on complaint under
s. 196.26.
196.28(4)
(4) This section does not apply to rates, tolls or charges of a telecommunications cooperative or small telecommunications utility except as provided in
s. 196.205 or
196.215 (2).
196.28 Annotation
The PSC's decision not to investigate under ss.196.28 and 196.29 was a nonreviewable, discretionary determination. Reviewable decisions are defined. Wisconsin Environmental Decade, Inc. v. PSC,
93 Wis. 2d 650,
287 N.W.2d 737 (1980).
196.30
196.30
Utilities may complain. Any public utility may file a complaint with the commission on any matter affecting its own product or service.
196.30 History
History: 1983 a. 53.
196.30 Cross-reference
Cross Reference: See also ch.
PSC 2 and s.
PSC 2.11, Wis. adm. code.
196.31
196.31
Intervenor financing. 196.31(1)
(1) In any proceeding before the commission, the commission shall compensate any participant in the proceeding who is not a public utility, for some or all of the reasonable costs of participation in the proceeding if the commission finds that:
196.31(1)(a)
(a) The participation is necessary to provide for the record an adequate presentation of a significant position in which the participant has a substantial interest, and that an adequate presentation would not occur without a grant of compensation; or
196.31(1)(b)
(b) The participation has provided a significant contribution to the record and has caused a significant financial hardship to the participant.
196.31(1m)
(1m) The commission shall compensate any consumer group or consumer representative for all reasonable costs of participating in a hearing under
s. 196.196 (1) (g) or
196.198.
196.31(2)
(2) Compensation granted under this section shall be paid from the appropriation under
s. 20.155 (1) (j) and shall be assessed under
s. 196.85 (1), except that, if the commission finds that the participation for which compensation is granted relates more to a general issue of utility regulation rather than to an issue arising from a single proceeding, the cost of the compensation may be assessed under
s. 196.85 (2). Any payment by a public utility for compensation under this section assessed under
s. 196.85 (1) or
(2) shall be credited to the appropriation under
s. 20.155 (1) (j).
196.31(3)
(3) The commission shall adopt rules to implement this section.
196.31 Cross-reference
Cross Reference: See also ch.
PSC 3, Wis. adm. code.
196.32
196.32
Witness fees and mileage. 196.32(1)
(1) Any witness who appears before the commission or its agent, by order, shall receive for the applicable attendance the fees provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid under
s. 885.07, upon the presentation of proper vouchers sworn to by such witnesses and approved by the chairperson of the commission. Fees paid under this section shall be charged to the appropriation for the commission under
s. 20.155 (1) (g).
196.32(2)
(2) No witness subpoenaed at the instance of parties other than the commission may be compensated under this section unless the commission certifies that the testimony of the witness was material to the matter investigated.
196.32 History
History: 1983 a. 53.
196.33
196.33
Depositions. The commission or any party in any investigation or hearing may cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts. Any expense incurred or authorized by the commission in taking a deposition shall be charged to the appropriation for the commission under
s. 20.155 (1) (g).
196.33 History
History: 1983 a. 53.
196.34
196.34
Commission records. The commission shall keep a complete record of its proceedings before the commission or its agent in any formal investigation or hearing.
196.34 History
History: 1983 a. 53;
1995 a. 27.
196.36
196.36
Transcripts and tapes. 196.36(1)
(1)
Transcripts. The commission shall receive into evidence a transcribed copy of the evidence and proceedings, or any specific part of the evidence and proceedings, on any investigation or hearing taken by a stenographer if the stenographer certifies that the copy is a true and correct transcript of all the testimony or of the testimony of a particular witness, or of any other specific part of the investigation or hearing, that the transcript was carefully compared by the stenographer with his or her original notes, and that the copy is a correct statement of the evidence presented and proceedings held in the investigation or hearing. The certified copy shall have the same effect as if the stenographer were present and testified to the correctness of the copy.
196.36(1m)
(1m) Transcripts from tapes. The commission shall receive into evidence a transcribed copy of an audiotape or videotape of the evidence and proceedings, or any specific part of the evidence and proceedings, of any investigation or hearing that is recorded if the transcriber certifies that the copy is a true and correct transcription from the audiotape or videotape of all the testimony or of the testimony of a particular witness, or of any other specific part of the investigation or hearing and that the copy is a correct statement of the evidence presented and proceedings held in the investigation or hearing. The certified copy shall have the same effect as if the transcriber were present and testified to the correctness of the copy.
196.36(1r)
(1r) Production expenses. The commission may require any party to an investigation or hearing to bear the expense of producing a transcript, audiotape or videotape that is related to the investigation or hearing.
196.36(2)
(2) Copies. Upon request, the commission shall furnish a copy of a transcript under this section to any party to the investigation or hearing from which the transcript is taken and shall furnish a copy of an audiotape or videotape to any party to the investigation or hearing from which the audiotape or videotape is taken. The commission may charge a reasonable price for the transcript or tape.
196.36 Cross-reference
Cross Reference: See also ch.
PSC 113 and s.
PSC 2.29, Wis. adm. code.
196.37
196.37
Lawful rates; reasonable service. 196.37(1)
(1) If, after an investigation under this chapter or
ch. 197, the commission finds rates, tolls, charges, schedules or joint rates to be unjust, unreasonable, insufficient or unjustly discriminatory or preferential or otherwise unreasonable or unlawful, the commission shall determine and order reasonable rates, tolls, charges, schedules or joint rates to be imposed, observed and followed in the future.
196.37(2)
(2) If the commission finds that any measurement, regulation, practice, act or service is unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise unreasonable or unlawful, or that any service is inadequate, or that any service which reasonably can be demanded cannot be obtained, the commission shall determine and make any just and reasonable order relating to a measurement, regulation, practice, act or service to be furnished, imposed, observed and followed in the future.
196.37(3)
(3) Any public utility to which an order under this section applies shall make such changes in schedules on file under
s. 196.19 to make the schedules conform to the order. The public utility may not make any subsequent change in rates, tolls or charges without the approval of the commission, except as provided in
s. 196.205 or
196.215 (2).
196.37(4)
(4) This section does not apply to rates, tolls or charges of a telecommunications cooperative or small telecommunications utility except as provided in
s. 196.205 or
196.215 (2).
196.37 Cross-reference
Cross Reference: See also ch.
PSC 110, Wis. adm. code.
196.37 Annotation
In the absence of statutory authority, the PSC may not fix rates to be applied retroactively. Algoma, Eagle River, New Holstein, Stratford, Sturgeon Bay & Two Rivers v. PSC,
91 Wis. 2d 252,
283 N.W.2d 261 (Ct. App. 1978).
196.37 Annotation
Allowing a utility to charge present ratepayers for a storm damage casualty loss that occurred in a prior year did not constitute retroactive rate making. Wisconsin Environmental Decade, Inc. v. PSC,
98 Wis. 2d 682,
298 N.W.2d 205 (Ct. App. 1980).
196.37 Annotation
The PSC has authority to shift the cost of excess generating capacity to shareholders if the excess capacity was imprudently acquired or is not useful in serving the public, but there must be a reasoned determination that ratepayers should not bear the cost. Madison Gas & Electric Co. v. PSC,
109 Wis. 2d 127,
325 N.W.2d 339 (1982).
196.37 Annotation
A utility's failure to pay taxes under protest may constitute "imprudence" and may reasonably affect a rate-setting decision. Wisconsin Public Service Corporation v. PSC,
156 Wis. 2d 611,
457 N.W.2d 502 (Ct. App. 1990).
196.37 Annotation
The PSC has authority to order a utility to refund compensation collected in violation of filed tariffs. GTE North Inc. v. PSC,
176 Wis. 2d 559,
500 N.W.2d 284 (1993).
196.37 Annotation
The PSC's imposition of a penalty for imprudent administration of a coal acquisition contract was impermissible retroactive rate-making. Wisconsin Power & Light v. PSC,
181 Wis. 2d 385,
511 N.W.2d 291 (1994).
196.37 Annotation
Sub. (1) is not implicated when a refund is ordered for reasons other than the PSC's determination that rates for services already provided were not reasonable. Sub. (2) authorizes the PSC to order a refund of a rate that the utility believed was included in a tariff, but the PSC concluded was not, and of a rate that the utility believed was properly filed with the PSC but the PSC concluded was not. CenturyTel of the Midwest-Kendall, Inc. v. PSC, 2002 WI App 236,
257 Wis. 2d 837,
653 N.W.2d 130.
196.37 Annotation
Once a rate or practice is determined to be unlawful, or once a charge is determined to be a practice that is unlawful, it is subject to the remedial authority of sub. (2). Under CenturyTel, sub. (2) provides the PSC authority to order a refund. Wisconsin Bell, Inc. v. Public Service Commission, 2004 WI App 8,
269 Wis. 2d 409,
675 N.W.2d 242,
02-3163.
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
Low-income assistance, energy efficiency and other programs. 196.374(1)(a)
(a) "Department" means the department of administration.
196.374(1)(c)
(c) "Utility" means a Class A gas or electric utility, as defined by the commission, but does not include a municipal utility, as defined in
s. 16.957 (1) (q), a municipal electric company, as defined in
s. 66.0825 (3) (d), or a cooperative association organized under
ch. 185.
196.374(2)
(2) The commission shall determine the amount that each utility spent in 1998 on programs for each of the following:
196.374(2)(a)
(a) Low-income assistance, including low-income weatherization and writing off uncollectibles and arrearages.
196.374(3)
(3) In 2000, 2001 and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under
sub. (2) on programs specified in
sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the fund. In each year after 2002, each utility shall contribute the entire amount determined under
sub. (2) to the commission for deposit in the fund. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the fund under this subsection. The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s.
196.374 (3), 1997 stats., to administer the programs that it has funded under s.
196.374 (1), 1997 stats. The commission may allow each utility to spend additional moneys on the programs specified in
sub. (2) if the utility otherwise complies with the requirements of this section and
s. 16.957 (4).
196.374(4)
(4) If the department notifies the commission under
s. 16.957 (2) (b) 2. that the department has reduced funding for energy conservation and efficiency and renewable resource programs by an amount that is greater than the portion of the public benefits fee specified in
s. 16.957 (4) (c) 2., the commission shall reduce the amount that utilities are required to spend on programs or contribute to the fund under
sub. (3) by the portion of the reduction that exceeds the amount of public benefits fees specified in
s. 16.957 (4) (c) 2.
196.374 History
History: 1983 a. 27;
1999 a. 9;
2001 a. 30.
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.
196.378
196.378
Renewable resources. 196.378(1)(a)
(a) "Biomass" means a resource that derives energy from wood or plant material or residue, biological waste, crops grown for use as a resource or landfill gases. "Biomass" does not include garbage, as defined in
s. 289.01 (9), or nonvegetation-based industrial, commercial or household waste, except that "biomass" includes refuse-derived fuel used for a renewable facility that was in service in this state before January 1, 1998.
196.378(1)(am)
(am) "Biomass cofired facility" means a renewable facility in which biomass and conventional resources are fired together.
