PSC 6.08 Supporting records. Ch. PSC 6 NoteNote: Chapter PSC 6 was created as an emergency rule effective May 5, 1986. PSC 6.01PSC 6.01 Scope. The purpose of this chapter is to implement s. 196.84, Stats., authorizing the commission to assess against a holding company or a nonutility affiliate the expenses attributable to the performance of its duties under s. 196.795, Stats. PSC 6.01 HistoryHistory: Cr. Register, November, 1986, No. 371, eff. 12-1-86. PSC 6.02(5)(5) “Cost of any increase in regulation of any public utility affiliate” means the total of commission expenditures which are in excess of the commission expenditures which are properly assessable for utility regulation under s. 196.85, Stats., and ch. PSC 5 and which expenditures are directly or indirectly attributable to the commission’s implementation and enforcement of s. 196.795, Stats., as set forth in s. PSC 6.03. PSC 6.02(6)(6) “Direct assessments” are charges made by the commission to holding companies or nonutility affiliates or both for the activities and expenditures set forth in s. PSC 6.05. PSC 6.02(7)(7) “Remainder assessments” are charges made by the commission to holding companies or nonutility affiliates or both for the expenditures set forth in s. PSC 6.06. They are calculated by subtracting direct assessments from the commission’s total holding company regulation expenditures to arrive at a remainder. PSC 6.02(8)(8) “Advance payment of a remainder assessment” means payment, in advance, of remainder assessments which have been projected for the current fiscal year but have not yet been totally incurred by the commission. This payment is calculated by adding 10% to the remainder assessment for the prior fiscal year. Payment for remainder assessment expenditures incurred in the prior fiscal year by the commission, when such payment is made during the current fiscal year, is not within the definition of “advance payment of remainder assessment.” PSC 6.02 HistoryHistory: Cr. Register, November, 1986, No. 371, eff. 12-1-86. PSC 6.03PSC 6.03 Occasion for assessment of expenditures. Expenditures of the commission are assessable against a holding company, or a nonutility affiliate, or both, in a holding company system whenever commission expenditures have been incurred because of any increase in regulation of a public utility affiliate, where such expenditures have been reasonably required in order for the commission to implement and enforce s. 196.795, Stats. Such assessable expenditures include, but are not limited to, expenditures incurred by the commission in carrying out the following regulatory duties: PSC 6.03(1)(1) Granting or denying a certificate of approval to form a holding company; PSC 6.03(2)(2) Holding a hearing concerning an application for a certificate of approval to form a holding company; PSC 6.03(3)(3) The modification or addition of any term, limitation or condition of a certificate of approval to form a holding company; PSC 6.03(4)(4) Determining whether a takeover of a holding company as set forth in s. 196.795 (3), Stats., is in the best interests of utility consumers, investors and the public; PSC 6.03(5)(5) Making determinations regarding capital impairment of public utility affiliates in holding company systems; PSC 6.03(6)(6) Examination of books, records, documents and other information relating to a holding company system; PSC 6.03(7)(7) Conducting any litigation related to the protection of a holding company system’s business information from public disclosure; PSC 6.03(9)(9) Considering and determining, in a rate proceeding, attributions of tax and other benefits or liabilities pursuant to s. 196.795 (5) (i), Stats.; PSC 6.03(10)(10) Regulating holding company system real estate transactions between public utility affiliates and holding companies or between public utility affiliates and nonutility affiliates in a holding company system, including leases; PSC 6.03(11)(11) Approving or disapproving the termination of the interest of a holding company system in a public utility affiliate; PSC 6.03(13)(13) Determining compliance with and enforcement of s. 196.795 (6m) (b), Stats., including the costs of determining the assets of each nonutility affiliate;