196.86 History
History: 1999 a. 9,
75,
185.
196.91
196.91
Acquisition of existing dams. 196.91(1)
(1) Except as provided under
s. 196.92 (3) (c), every domestic corporation lawfully engaged in the business of producing, transmitting, delivering or furnishing heat, light, water or power to or for the public may acquire, for the purpose of developing power and generating energy for public use in the business:
196.91(1)(a)
(a) Any dam in or across any navigable waters of this state.
196.91(1)(b)
(b) All flowage and other rights and property necessary to the maintenance of any dam under
par. (a).
196.91(1)(c)
(c) Any undeveloped water power or dam site upon any navigable waters within this state, except as provided under
sub. (2).
196.91(2)
(2) No award in any condemnation proceedings authorized by
sub. (1) shall be effective, and no corporation may purchase or otherwise acquire any property under
sub. (1) until it obtains from the commission a certificate that public convenience and necessity require the acquisition of the property, at the amount fixed by the award or agreed upon with the owner of the property.
196.91 History
History: 1983 a. 53;
1985 a. 187.
196.92
196.92
Procedure for acquiring dams. 196.92(1)
(1) If a corporation under
s. 196.91 (1) desires to purchase or acquire any property under
s. 196.91, the corporation shall apply to the commission for a certificate of public convenience and necessity. The application shall state:
196.92(1)(a)
(a) The name of any owner of the property sought to be acquired.
196.92(1)(b)
(b) The business in connection with which it is desired to utilize the property.
196.92(1)(c)
(c) The specific public purpose for which it is proposed to use the property.
196.92(1)(d)
(d) The compensation or price to be paid for the property.
196.92(1)(e)
(e) A statement to the effect that the corporation agrees to cancel all contracts for the sale of hydroelectric power outside this state, if the commission finds that the contract interferes with adequate service and reasonable rates to the people of this state.
196.92(1)(f)
(f) Any other information the commission requires.
196.92(2)
(2) If the commission receives an application under
sub. (1), the commission shall fix a convenient time and place for a public hearing on the application. The time may not be more than 8 weeks from the date of filing the application. The commission shall give notice of the time and place to the applicant. Prior to the hearing the applicant shall publish the time and place as a class 3 notice, under
ch. 985. Not less than 20 days prior to that date, the applicant shall serve notice of the hearing upon any owner of the property personally, or by registered mail, if the post-office address of the owner, by due diligence, can be ascertained. Proof of the publication and service of the notice shall be filed with the commission.
196.92(3)(a)(a) At a hearing under this section or any adjournment of the hearing, the commission shall consider the application and shall receive the evidence offered by the applicant and any other person for or against the application.
196.92(3)(b)
(b) The commission may issue a certificate that public convenience and necessity require the utilization of the property as proposed by the applicant if the commission finds that:
196.92(3)(b)1.
1. The acquisition and use of the property in connection with the business of the applicant for the purpose or purposes and at the price or compensation set forth in the application would be a public convenience;
196.92(3)(b)2.
2. The applicant possesses the financial ability to utilize the property for its proposed purpose; and
196.92(3)(b)3.
3. Public necessity requires the proposed acquisition and use.
196.92(3)(c)
(c) Section 196.91 shall not apply to the acquisition of flowage rights necessary for the improvement or development of dams or dam sites previously acquired.
196.92 History
History: 1983 a. 53 ss.
109 to
111,
113.
196.975
196.975
Local access and transport area boundaries. 196.975(1g)(1g) In this section, "consumer" means a person billed for one or more local telecommunications service access lines not to exceed one person per access line. A person billed for more than one access line may not be considered a consumer for each access line for which he or she is billed.
196.975(1r)
(1r) One hundred fifty or more consumers who are residents of the same local exchange area for telecommunications service may file with the commission a petition requesting that commission staff, in cooperation with the affected telecommunications utilities and telecommunications carriers, petition the appropriate federal district court to include their local exchange area in a different local access and transport area. The petitioners shall include with the petition information explaining why the current boundaries of the local access and transport area which includes their local exchange area does not adequately reflect areas of common social, economic and other concerns.
196.975(2)
(2) After receiving a petition under
sub. (1r), the commission shall schedule a public hearing, to be held in the local exchange area of the petitioners, serving to receive testimony on the contents of the petition and any other matters deemed relevant by the commission. The commission shall publish a class 1 notice under
ch. 985 in a newspaper serving the local exchange area at least 20 days prior to the hearing.
196.975(3)
(3) If, after the hearing under
sub. (2), the commission determines that there is sufficient evidence that current boundaries of the local access and transport area does not adequately reflect areas of common social, economic and other concerns and that there is substantial public support within the local exchange area to include the area in a different local access and transport area, the commission shall direct its staff, in cooperation with the affected telecommunications utilities and telecommunications carriers to petition the appropriate federal district court to revise the local access and transport area boundaries. All of the commission's expenses of petitioning the federal court shall be paid by the commission from its appropriation under
s. 20.155 (1) (g).
