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2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.171 - Examination of meters, pipes, fittings, wires and works; entering buildings for.

196.171
Examination of meters, pipes, fittings, wires and works; entering buildings for.
(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.
(2)
No officer or agent of a public utility may enter any premises under this section unless the officer or agent:
(a)
Was duly appointed by the public utility for the purpose of acting under this section.
(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.
(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.
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.175 - Construction and occupancy standards.

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).
History:  1979 c. 34; 1983 a. 189 s. 329 (4); 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.18 - Entry upon premises.

196.18
Entry upon premises.
The commission, its agents, experts or examiners may enter any premises occupied by a public utility to make any examination or test under this chapter and may set up and use on the premises any apparatus or appliance and occupy reasonable space for the examination or test.
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.19 - Publish schedules; regulations; files; joint rates.

196.19
Publish schedules; regulations; files; joint rates.
(1)
Each public utility shall file with the commission schedules showing all rates, tolls and charges which it has established and which are in force at the time for any service performed by it within the state, or for any service in connection therewith or performed by any public utility controlled or operated by it. The rates, tolls and charges shown on such schedules may not be changed except as provided under this chapter.
(2)
Every public utility shall file with and as a part of such schedule all rules and regulations that, in the judgment of the commission, in any manner affect the service or product, or the rates charged or to be charged for any service or product, as well as any contracts, agreements or arrangements relating to the service or product or the rates to be charged for any service or product to which the schedule is applicable as the commission may by general or special order direct.
(3)
A copy of as much of the schedules filed under sub. (1) as the commission determines necessary for the use of the public shall be produced in plain type, kept on file at the public utility, and made available to the public at least 10 days before the schedules take effect, unless the commission prescribes a shorter time period. In making a copy available to the public, a public utility may make the copy available at locations where customer payments are accepted, on the public utility's Internet site, or in a form and place that is otherwise readily accessible to the public.
(4)
If a schedule of joint rates or charges is in force between public utilities, the schedule shall be filed with the commission under sub. (1). The commission shall determine the portion of the schedule necessary for the use of the public. The public utilities shall make the portion of the schedule available to the public as provided under sub. (3).
(6)
The commission may prescribe the form in which any schedule is issued under this section by any public utility.
History:  1983 a. 53 ss. 28, 35; 1985 a. 297; 1993 a. 496; 1999 a. 9; 2011 a. 22; 2013 a. 125.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.194 - Gas utility individual contracts.

196.194
Gas utility individual contracts.
Nothing in ss. 196.03, 196.19, 196.20, 196.22, 196.37, 196.60, 196.604 and 196.625 prohibits the commission from approving the filing of a tariff which permits a gas utility to enter into an individual contract with an individual customer if the term of the contract is no more than 5 years, or a longer period approved by the commission, and if the commission determines that substitute gas services are available to customers or potential customers of the gas utility and the absence of such a tariff will cause the gas utility to be disadvantaged in competing for business. A tariff filed under this section shall include the condition that any such contract shall be compensatory. The tariff shall include any other condition and procedure required by the commission in the public interest. Within 20 days after a contract authorized under this section or an amendment to such a contract has been executed, the gas utility shall submit the contract to the commission. The commission shall give notice to any person, upon request, that a contract authorized under this section has been received by the commission. The notice shall identify the gas utility that has entered into the contract. Within 6 months after receiving substantial evidence that a contract may be noncompensatory, or upon its own motion, the commission shall investigate and determine whether the contract is compensatory. If the commission determines that the contract is noncompensatory, the commission may make appropriate adjustments in the rates or tariffs of the gas utility that has entered into the contract, in addition to other remedies under this chapter. The dollar amount of the adjustment may not be less than the amount by which the contract was found to be noncompensatory.
History:  1985 a. 297; 1993 a. 211, 496; 1995 a. 317; 1997 a. 90; 2011 a. 22; 2013 a. 125.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.195 - Alternative telecommunications regulation plans.

196.195
Alternative telecommunications regulation plans.
Any telecommunications utility that as of June 9, 2011, is subject to an alternative regulation plan approved by the commission under s. 196.195, 2009 stats., shall remain regulated pursuant to such alternative regulation plan to the extent that the alternative regulation plan is not inconsistent with ss. 196.191 and 196.212, unless the telecommunications utility terminates the alternative regulation plan pursuant to the terms and conditions of the plan. If such an inconsistency exists, the requirements of ss. 196.191 and 196.212 shall apply to the intrastate switched access rates and intrastate switched access service tariff filings of such a telecommunications utility.
History:  2011 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.198 - Local measured telecommunications service.

196.198
Local measured telecommunications service.
(1)
In this section, “extended community telephone service" means a telecommunications service by which a customer in one exchange may call a customer in another exchange or combination of exchanges under a discounted toll charge plan.
(2)
Except as provided in sub. (3), a telecommunications utility that has more than 150,000 access lines in use in this state or a telecommunications provider that has more than 150,000 access lines in use in this state may not charge a residential customer for basic local exchange service based on the duration of a call or on the time of day that a call is made. This subsection does not apply to an extended community telephone service.
(3)
The commission may suspend the application of sub. (2) in a particular geographical area for a telecommunications utility or a telecommunications provider if, after a contested case hearing, the commission determines that all of the following apply:
(a)
Failure to suspend the application of sub. (2) makes competition in that geographical area impractical.
(b)
Suspending the application of sub. (2) is beneficial to all of the following groups:
1.
Residential customers in general.
2.
Disabled customers.
3.
Elderly customers.
History:  1993 a. 496; 2011 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.201 - Regulation of private shared telecommunications systems.

196.201
Regulation of private shared telecommunications systems.
(1)
Definition. In this section, “private shared telecommunications system" means plant or equipment used to provide telecommunications service through privately owned customer premises equipment to a user group located in a discrete premises, such as in a building complex or a large multitenant building, or used to provide telecommunications service where the cost of service is shared among 2 or more persons who are not affiliated interests under s. 196.52, and where the plant or equipment is not used to offer telecommunications service for sale directly or indirectly to the general public.
(2)
Request for access. At the request of any person who receives telecommunications service from a private shared telecommunications system, or at the request of a telecommunications utility or telecommunications carrier seeking to provide telecommunications service requested by any such person, the owner or manager of the private shared telecommunications system shall make facilities or conduit space available to any telecommunications utility or telecommunications carrier for the purpose of providing telecommunications service.
(3)
Commission may order. If the commission finds that the owner or manager of a private shared telecommunications system has failed to comply with a request under sub. (2), it may order the owner or manager to make facilities or conduit space available to any telecommunications utility or telecommunications carrier making a request under sub. (2) at reasonable prices and on reasonable terms and conditions, under the procedures of s. 196.04.
History:  1985 a. 297; 1993 a. 491, 496.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.202 - Exemption of commercial mobile radio service providers.

196.202
Exemption of commercial mobile radio service providers.
(2)
Scope of regulation. A commercial mobile radio service provider is not subject to this chapter, except as provided in sub. (5), and except that a commercial mobile radio service provider is subject to ss. 196.025 (6), 196.218 (3), and 196.859, and shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer ss. 196.025 (6), 196.218 (3), and 196.859.
(5)
Billing. A commercial mobile radio service provider may not charge a customer for an incomplete call.
History:  1985 a. 297; 1987 a. 27; 1991 a. 39; 1993 a. 36, 496; 1997 a. 27, 140, 218; 1999 a. 32, 150; 2001 a. 16; 2009 a. 28; 2011 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.205 - Election of rate regulation.

196.205
Election of rate regulation.
A telecommunications cooperative, an unincorporated telecommunications cooperative association, or a small telecommunications utility may elect to be subject to ss. 196.28 and 196.37 as they apply to any rate, toll, or charge and to s. 196.11 (2) in any of the following ways:
(1)
By amendment of any of the following:
(a)
The articles of incorporation of the cooperative under s. 185.51.
(b)
The articles of organization of the association under s. 193.221.
(c)
The articles of incorporation of the small telecommunications utility under s. 181.1001 or the articles of organization of the small telecommunications utility under s. 183.0201.
(2m)
By a majority of any of the following:
(a)
The voting members of the board of directors of the cooperative, association, or small telecommunications utility.
(b)
If a small telecommunications utility is organized as a limited liability company, the voting members of the small telecommunications utility.
History:  1981 c. 148; 1985 a. 297 s. 76; 1989 a. 344; 1993 a. 496; 1997 a. 218; 1999 a. 32; 2005 a. 441; 2011 a. 22; 2021 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.206 - Interconnected voice over Internet protocol service.

196.206
Interconnected voice over Internet protocol service.
(1)
Exemptions. An interconnected voice over Internet protocol service is not subject to this chapter, except as provided in this section, and except that an interconnected voice over Internet protocol service is subject to ss. 196.01, 196.016, 196.025 (6), 196.199, 196.218 (3), 196.858, and 196.859, and except as required for the commission to administer and enforce this section.
(2)
Universal service fund. An entity that provides interconnected voice over Internet protocol service in this state shall make contributions to the universal service fund based on its revenues from providing intrastate interconnected voice over Internet protocol service. The revenues shall be calculated using the entity's actual intrastate revenues, a provider-specific traffic study approved by the commission or federal communications commission, or the inverse of the interstate jurisdictional allocation established by the federal communications commission for the purpose of federal universal service assessments. To the extent applicable, the calculation of the intrastate revenues of an entity that provides interconnected voice over Internet protocol service shall be based on the primary physical service address identified by the customer.
(3)
Intrastate switched access rates.
(a)
Unless otherwise provided under federal law, an entity that provides an interconnected voice over Internet protocol service shall pay intrastate switched access rates in connection with the interconnected voice over Internet protocol services that it provides to the same extent that any telecommunications provider is obligated to pay intrastate switched access rates in connection with the telecommunications services that it provides.
(b)
Unless otherwise provided under federal law, an entity that provides an intrastate switched access service in connection with interconnected voice over Internet protocol services shall be subject to s. 196.191 with respect to such intrastate switched access service and may charge intrastate switched access rates to the same extent that any telecommunications provider may charge intrastate switched access rates in connection with the intrastate switched access services that it provides.
History:  2011 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.217 - Average toll rates.

196.217
Average toll rates.
(1)
Different rates restricted. A telecommunications utility may not charge different rates for residential basic message telecommunications service, business basic message telecommunications service, or single-line wide-area telecommunications service on routes of similar distances within this state, unless authorized by the commission. This subsection does not prohibit volume or term discounts, discounts in promotional offerings, differences in the rates for intralata and interlata services of similar distances, the provision of optional toll calling plans to selected exchanges or customers or the passing through of any state or local taxes in the specific geographic area from which the tax originates.
(2)
Toll services. Notwithstanding sub. (1), a telecommunications utility may charge prices for toll services under contract that are unique to a particular customer or group of customers if differences in the cost of providing a service or a service element justify a different price for a particular customer or group of customers, or if market conditions require individual pricing.
(3)
Averaged rates. Notwithstanding subs. (1) and (2), an intralata toll provider shall offer all optional toll calling plans on a statewide basis at geographically averaged rates until the provider deploys intralata dial-1 presubscription, except that an optional toll call plan need not be offered where deployment of that offering would not be economically or technically feasible.
History:  1993 a. 496.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.22 - Discrimination forbidden.

196.22
Discrimination forbidden.
No public utility may charge, demand, collect or receive more or less compensation for any service performed by it within the state, or for any service in connection therewith, than is specified in the schedules for the service filed under s. 196.19, including schedules of joint rates, as may at the time be in force, or demand, collect or receive any rate, toll or charge not specified in the schedule.
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.23 - Utility service for victims of misappropriated identifying information.

196.23
Utility service for victims of misappropriated identifying information.
(1)
If an individual uses personal identifying information of another individual, without the authorization or consent of the other individual, to apply for and receive service from a public utility and, as a result, the individual whose personal identifying information was used without authorization or consent is unable to obtain service from the public utility, the utility shall provide service to that individual if all of the following apply:
(a)
The individual furnishes the public utility an affidavit indicating that to the best of the individual's knowledge his or her personal identifying information was used by another individual, without the authorization or consent of the affiant, to obtain the utility service.
(b)
The individual furnishes the public utility a copy of a law enforcement agency report, based on the individual's report to the law enforcement agency of the use by another individual of his or her personal identifying information without authorization or consent to obtain utility service.
(c)
The individual otherwise qualifies to receive the service from the utility.
(2)
A public utility may contest the accuracy of an affidavit or report furnished by an individual under sub. (1) (a) or (b) by petitioning for a summary investigation under s. 196.28 (1). If a petition is filed, the commission shall conduct a summary investigation. If a hearing is held under s. 196.28 (2) and the commission determines that the conditions of sub. (1) (intro.) have not been met, the public utility is not required to provide utility service under this section to the individual.
History:  2003 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.24 - Agents of commission; powers.

196.24
Agents of commission; powers.
(1)
For the purpose of making any investigation with regard to any public utility the commission may appoint, by an order in writing, an agent whose duties shall be prescribed in the order.
(2)
In the discharge of his or her duties, an agent appointed under sub. (1) shall have any inquisitional power granted to the commission and the power of a supplemental court commissioner to take depositions under s. 757.675 (2) (b).
(3)
The commission may conduct any number of investigations contemporaneously through different agents, and may delegate to any agent the authority to take testimony bearing upon any investigation or at any hearing. The decision of the commission shall comply with s. 227.46 and shall be based upon its records and upon the evidence before it, except that, notwithstanding s. 227.46 (4), a decision maker may hear a case or read or review the record of a case if the record includes a synopsis or summary of the testimony and other evidence presented at the hearing that is prepared by the commission staff. Parties shall have an opportunity to demonstrate to a decision maker that a synopsis or summary prepared under this subsection is not sufficiently complete or accurate to fairly reflect the relevant and material testimony or other evidence presented at a hearing.
History:  1975 c. 414 s. 28; 1983 a. 53; 1985 a. 182 s. 57; 1997 a. 204; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.25 - Questionnaires.

196.25
Questionnaires.
(1)
If a public utility, other than a public utility that is a telecommunications provider, receives from the commission any questionnaire, the public utility shall respond fully, specifically and correctly to each question. If a public utility is unable to answer any question, the public utility shall give a good and sufficient reason for its failure. Every answer by a public utility under this section shall be verified under oath by a manager of the public utility and returned to the commission at its office within the period fixed by the commission.
(2)
If required by the commission, a public utility, other than a public utility that is a telecommunications provider, shall deliver to the commission the original or a copy of any map, profile, contract or engineer's report and any other document, book, account, paper or record with a complete inventory of all its property, in such form as the commission directs.
(3)
If a telecommunications provider receives a questionnaire from the commission, the telecommunications provider shall respond specifically, correctly and fully to each question that relates to a matter over which the commission has jurisdiction. If a telecommunications provider is unable to answer any question, the telecommunications provider shall give a good and sufficient reason for its failure. Answers shall be verified under oath by a manager of the telecommunications provider. A completed questionnaire shall be returned to the commission within the time period specified by the commission.
History:  1983 a. 53; 1993 a. 496; 2011 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.28 - Summary investigations.

196.28
Summary investigations.
(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.
(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.
(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.
(4)
This section does not apply to rates, tolls or charges of a telecommunications cooperative, an unincorporated telecommunications cooperative association, or a small telecommunications utility except as provided in s. 196.205.
History:  1977 c. 29 s. 1654 (10) (c); 1983 a. 53 ss. 39, 41; 1989 a. 344; 1993 a. 496; 1997 a. 218, 229; 1999 a. 32; 2001 a. 16; 2005 a. 441; 2011 a. 22.
The PSC's decision not to investigate under ss. 196.28 and 196.29 [now s. 196.28 (2) and (3)] 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).
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.31 - Intervenor financing.

196.31
Intervenor financing.
(1)
Except as provided in sub. (2m), 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:
(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
(b)
The participation has provided a significant contribution to the record and has caused a significant financial hardship to the participant.
(1m)
The commission shall compensate any consumer group or consumer representative for all reasonable costs of participating in a hearing under s. 196.198.
(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).
(2m)
The commission may grant no more than $100,000 annually in compensation under this section to the consumer advocate, as defined in s. 196.315 (2) (a).
(3)
The commission shall adopt rules to implement this section.
History:  1983 a. 27; 1985 a. 297; 1989 a. 56 s. 259; 1993 a. 496; 1999 a. 9; 2009 a. 383; 2011 a. 22, 32; 2021 a. 24.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.32 - Witness fees and mileage.

196.32
Witness fees and mileage.
(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).
(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.
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.33 - Depositions.

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).
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.36 - Transcripts and tapes.

196.36
Transcripts and tapes.
(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.
(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.
(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.
(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.
History:  1983 a. 53; 1995 a. 27; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.373 - Water heater thermostat settings.

196.373
Water heater thermostat settings.
(1)
In this section:
(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.
(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).
(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.
History:  1987 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.375 - Adequate service; reasonable rates.

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.
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.377 - Renewable energy sources.

196.377
Renewable energy sources.
(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.
(2)
Eastern Wisconsin utilities.
(a)
In this subsection:
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.
2.
“Municipality" means a city, town or village.
3.
“Municipal utility" means a public utility that is a municipality or that is wholly owned or operated by a municipality.
4.
“Reliability council" means the Mid-America Interconnected Network, Inc., reliability council of the North American Electric Reliability Council.
(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.
(c)
An eastern Wisconsin utility may procure the construction required under par. (a) by issuing requests for proposals no later than September 30, 1998.
(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.
(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).
(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).
History:  1993 a. 418; 1997 a. 204.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.39 - Change, amendment and rescission of orders; reopening cases.

196.39
Change, amendment and rescission of orders; reopening cases.
(1)
The commission at any time, upon notice to the public utility and after opportunity to be heard, may rescind, alter or amend any order fixing rates, tolls, charges or schedules, or any other order made by the commission, and may reopen any case following the issuance of an order in the case, for any reason.
(2)
An interested party may request the reopening of a case under s. 227.49.
(3)
Any order rescinding, altering, amending or reopening a prior order shall have the same effect as an original order.
(4)
Within 30 days after service of an order, the commission may correct an error or omission in the order related to transcription, typing or calculation without hearing if the correction does not alter the intended effect of the order.
(5)
This section does not apply to an order issued under s. 196.371.
History:  1983 a. 53, 144, 538; 1997 a. 204; 2005 a. 7.
The PSC cannot order a change in rates by order, without notice and hearing, on the ground that the order is only a clarification of an earlier order. Mid-Plains Telephone, Inc. v. PSC 56 Wis. 2d 780, 202 N.W.2d 907 (1973).
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.395 - Test, conditional, emergency and supplemental orders; order conditions.

196.395
Test, conditional, emergency and supplemental orders; order conditions.
(1)
The commission may issue an order calling for a test of actual results under requirements prescribed by the order, during which test period the commission may retain jurisdiction of the subject matter. The commission may issue conditional, temporary, emergency and supplemental orders. If an order is issued upon certain stated conditions, any party acting upon any part of the order shall be deemed to have accepted and waived all objections to any condition contained in the order.
(2)
As a condition of any order, the commission may not require a public utility to lobby on a legislative issue or to take a specific position on a legislative issue.
History:  1983 a. 53; 2011 a. 155.
Temporary and emergency rates may be appropriately and widely used by the public service commission when justified by the circumstances. Friends of the Earth v. PSC, 78 Wis. 2d 388, 254 N.W.2d 299 (1977).
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.40 - Orders and determinations; time of taking effect.

196.40
Orders and determinations; time of taking effect.
Every order or determination of the commission shall take effect the day after the order or determination has been filed and served by personal delivery, mail, electronic mail, or any other method that the commission determines is likely to reach the parties or their attorneys, to all parties to the proceeding in which the order or determination was made or to their attorneys, unless the commission specifies a different date upon which the order or determination shall be effective. After the effective date every order or determination shall be on its face lawful and reasonable unless a court determines otherwise under s. 227.57.
History:  1983 a. 53; 1985 a. 182 s. 57; 2011 a. 155.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.41 - Court review.

196.41
Court review.
Any order or determination of the commission may be reviewed under ch. 227.
History:  1983 a. 53.
Statutory guidelines set forth in s. 227.52 allow only for an administrative decision to be reviewed, which the courts have defined as a decision that is supported by a record and based upon findings of fact and conclusions of law. However, this section permits judicial review of orders and determinations under ch. 227. Therefore, the Public Service Commission's (PSC) order denying a petition for rehearing in this case was subject to judicial review. Regardless, the PSC's process regarding the rehearing petition met the definition of an administrative decision subject to review under s. 227.52. Town of Holland v. Public Service Commission, 2018 WI App 38, 382 Wis. 2d 799, 913 N.W.2d 914, 17-1129.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.43 - Injunction procedure.

196.43
Injunction procedure.
(1)
No injunction may be issued in any proceeding for review under ch. 227 of an order of the commission, suspending or staying the order except upon application to the circuit court or presiding judge thereof, notice to the commission and any other party, and hearing. No injunction which delays or prevents an order of the commission from becoming effective may be issued in any other proceeding or action in any court unless the parties to the proceeding before the commission in which the order was made are also parties to the proceeding or action before the court.
(2)
No injunction may be issued in any proceeding for review under ch. 227, or in any other proceeding or action, suspending or staying any order of the commission or having the effect of delaying or preventing any order of the commission from becoming effective, unless at least 2 sureties enter into an undertaking on behalf of the petitioner or plaintiff. The court or presiding judge of the court shall direct that the sum of the undertaking be enough to effect payment of any damage which the opposite party may sustain by the delay or prevention of the order of the commission from becoming effective, and to such further effect as the judge or court in its discretion directs. No order or judgment in any proceeding or action may be stayed upon appellate court review unless the petitioner or plaintiff enters into the undertaking under this subsection in addition to any undertaking required under s. 808.07.
(3)
No injunction may be issued in any proceeding for review under ch. 227 of an order of the commission under s. 196.199 (3) (a) 2., suspending or staying the order, unless the court finds that the person seeking review of the order is likely to succeed on the merits and suffer irreparable harm without the suspension or stay and that the suspension or stay is in the public interest.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1977 c. 187 s. 135; 1983 a. 53; 1997 a. 218.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.44 - Law enforcement.

196.44
Law enforcement.
(1)
Duty of commission. The commission shall inquire into the neglect or violation of the laws of this state by public utilities, or by their officers, agents or employees or by persons operating public utilities, and shall enforce all laws relating to public utilities, and report all violations to the attorney general.
(2)
Duties of attorney general and district attorneys. Upon request of the commission, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under this chapter, and shall institute and prosecute all necessary actions or proceedings for the enforcement of all laws relating to public utilities or telecommunications providers, and for the punishment of all violations.
(3)
Actions, character, venue. Any forfeiture, fine or other penalty under this chapter may be recovered as a forfeiture in a civil action brought in the name of the state in the circuit court of Dane County or in the county that would be the proper place of trial under s. 801.50.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1977 c. 29 ss. 1337, 1654 (10) (c), 1656 (43); 1977 c. 272; Stats. 1977 s. 196.44; 1981 c. 390 s. 252; 1983 a. 53; 1993 a. 496; 1997 a. 218; 1999 a. 9; 2001 a. 105.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.48 - Incriminating evidence.

196.48
Incriminating evidence.
No person may be excused from testifying or from producing books, accounts and papers in any proceeding based upon or growing out of any violation of chs. 195 to 197, on the ground or for the reason that the testimony or evidence may tend to incriminate or subject the person to penalty or forfeiture. A person who testifies under this section may not be:
(1)
(a)
Prosecuted or subjected to any penalty or forfeiture for testifying or producing evidence.
(b)
The immunity provided under par. (a) is subject to the restrictions under s. 972.085.
(2)
Exempted from prosecution or punishment for perjury in testifying.
History:  1977 c. 273; 1981 c. 390; 1983 a. 53; 1989 a. 122.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.487 - Reliability of electric service.

196.487
Reliability of electric service.
(1)
Definitions. In this section:
(a)
“Public utility affiliate" has the meaning given in s. 196.795 (1) (L).
(b)
“Transmission company" has the meaning given in s. 196.485 (1) (ge).
(2)
Commission order. If the commission determines that a public utility affiliate or the transmission company is not making investments in the facilities under its control that are sufficient to ensure reliable electric service, the commission shall order the public utility affiliate or transmission company to make adequate investments in its facilities that are sufficient to ensure reliable electric service. An order under this subsection shall require the public utility affiliate or transmission company to provide security in an amount and form that, to the satisfaction of the commission, is sufficient to ensure that the public utility affiliate or transmission company expeditiously makes any investment that is ordered.
(3)
Cost recovery. The commission shall allow a public utility affiliate that is subject to an order under sub. (2) to recover in its retail electric rates the costs that are prudently incurred in complying with the order.
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.494 - Regional transmission planning.

196.494
Regional transmission planning.
(1)
In this section:
(a)
“Electric utility" means a public utility, other than a municipal utility, as defined in s. 196.377 (2) (a) 3., that provides retail electric service to customers in this state.
(b)
“Transmission facility" means any pipe, pipeline, duct, wire, line, conduit, pole, tower, equipment or other structure used for the transmission of electric power as determined by the commission.
(2)
The commission shall conduct a study on identifying and relieving any constraint on an intrastate or interstate electric transmission system that adversely affects the reliability of transmission service provided to electric customers in this state and shall, no later than September 1, 1998, submit a report on the results of the study to the legislature in the manner provided under s. 13.172 (2).
(3)
The commission shall, under this subsection, issue an order requiring the transmission company, as defined in s. 196.485 (1) (ge), or an electric utility to construct or procure, on a competitive basis, the construction of transmission facilities specified by the commission in its order if the commission determines that such construction is necessary to relieve a constraint on a transmission system and the construction will materially benefit the customers of the transmission company or electric utility or other electric utilities or of an independent system operator, as defined in s. 196.485 (1) (d), or independent transmission owner, as defined in s. 196.485 (1) (dm).
(4)
The commission shall allow an electric utility to recover in its retail electric rates any costs that are prudently incurred by the utility in complying with an order under sub. (3).
(5)
The governor may, on behalf of this state, enter into an interstate compact that establishes a joint process for the states in the upper midwest region of the United States to determine the need for and siting of regional electric transmission facilities that may affect electric service in this state. The governor may not enter into a compact under this subsection unless the compact includes requirements and procedures for establishing each of the following:
(a)
Compliance with each state's environmental and siting standards for transmission facilities.
(b)
A regional need determination for transmission facilities.
(c)
A mechanism for resolving conflicts between the states regarding the siting of transmission facilities.
History:  1997 a. 204; 1999 a. 9.