reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.496 - Distributed generation facilities.

196.496
Distributed generation facilities.
(1)
Definition. In this section, “distributed generation facility" means a facility for the generation of electricity with a capacity of no more than 15 megawatts that is located near the point where the electricity will be used or is in a location that will support the functioning of the electric power distribution grid.
(2)
Rules. The commission shall promulgate rules establishing standards for the connection of distributed generation facilities to electric distribution facilities. To the extent technically feasible and cost effective, the standards shall be uniform and shall promote the development of distributed generation facilities. The standards shall address engineering, electric reliability, and safety concerns and the methods for determining charges for interconnection.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.5045 - Telecommuter Forward! certification.

196.5045
Telecommuter Forward! certification.
(1)
In this section, “political subdivision" means a city, village, town, or county.
(2)
A political subdivision may apply to the commission for certification as a Telecommuter Forward! community. The commission shall prescribe the form and manner for making an application and a process for public notice and comment on an application. The commission shall approve an application and certify a political subdivision as a Telecommuter Forward! community if the commission determines that the political subdivision has adopted a resolution that complies with sub. (3). Before approving an application, the commission shall consider any public comments made regarding the application.
(3)
A political subdivision may not be certified as a Telecommuter Forward! community under sub. (2) unless the political subdivision adopts a resolution that does all of the following:
(a)
States the political subdivision's support and commitment to promote the availability of telecommuting options.
(b)
Provides for a single point of contact for coordinating telecommuting opportunities that has all of the following responsibilities:
1.
Coordination and partnership with broadband providers, realtors, economic development professionals, employers, employees, and other telecommuting stakeholders.
2.
Collaboration with broadband providers and employers to identify, develop, and market telecommuter-capable broadband packages.
3.
Communication and partnership with broadband providers and economic development professionals to develop common goals.
4.
Promotion of telecommuter-friendly workspaces, such as business incubators with telecommuting spaces, if such a workspace has been established in the political subdivision at the time the political subdivision adopts the resolution.
5.
Familiarity with broadband mapping tools and other state-level resources.
6.
Maintaining regular communication with the state broadband office.
7.
Making regular reports to the governing body of the political subdivision.
History:  2017 a. 342.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.505 - Construction of chapter.

196.505
Construction of chapter.
(1)
Nothing in this chapter may be construed to deny a foreign corporation the privilege of offering telecommunications services in this state if it has received a certificate of authority under ch. 180 and any other authorization from the commission required under this chapter.
(2)
Nothing in this chapter may be construed to permit ch. 184 or this chapter to apply differently to a foreign corporation which offers telecommunications services in this state than to a similarly situated domestic corporation which offers telecommunications services in this state.
History:  1985 a. 297; 1993 a. 496; 2017 a. 364 s. 49.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.51 - Prior permits and franchises validated.

196.51
Prior permits and franchises validated.
Any license, permit or franchise to own, operate, manage or control any plant or equipment for the production, transmission, delivery or furnishing of heat, light, water or power in any municipality is valid and shall not be affected by s. 196.50 (1), if the license, permit or franchise was granted prior to April 3, 1911, to any public utility or was under consideration prior to April 3, 1911, in the governing body of any municipality at the time another public utility operating in the municipality obtained an indeterminate permit.
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.525 - Loans to officers or directors and loans to and investments in securities of holding companies; penalty.

196.525
Loans to officers or directors and loans to and investments in securities of holding companies; penalty.
(1)
Except under rules prescribed by the commission, a public utility may not lend funds or credit to any of its officers or directors by any of the following and a public utility other than a telecommunications utility may not lend funds or credit to any corporation, except a public utility subject to the regulatory powers of the commission, if the corporation holds, directly or indirectly through any chain of ownership, 5 percent or more of the voting stock of the public utility or renders any managerial, supervising, engineering, legal, accounting or financial service to the public utility by any of the following:
(a)
Becoming surety, guarantor or endorser upon any obligations, contingent or otherwise, of the officer, director or corporation.
(b)
Loaning funds, securities or other like assets to the officer, director or corporation.
(c)
Purchasing in the open market, or otherwise, any obligation upon which the officer, director or corporation may be liable solely or jointly with others.
(2)
Any contract made in violation of this section shall be void and subject to cancellation and recoupment by action at law. If a contract is made contrary to the provisions of this section, the commission, after notice and hearing, may order the public utility to take steps within 30 days to recover the funds or assets thus illegally loaned or transferred by action at law or other proceedings which will effectively release the public utility from the contract as surety, guarantor or endorser.
(3)
Any director, treasurer or other officer or agent of a public utility who makes or votes to authorize a transaction in violation of this section may be fined not more than $10,000.
(4)
The provisions of this section shall extend to the renewal or extension of existing contracts.
History:  1983 a. 53; 1993 a. 496.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.53 - Franchise, foreign corporation not to have.

196.53
Franchise, foreign corporation not to have.
No license, permit or franchise to own, operate, manage or control any plant or equipment for the production, transmission, delivery or furnishing of heat, light, water or power may be granted or transferred to a foreign corporation. This section does not apply to an independent system operator, as defined in s. 196.485 (1) (d), or an independent transmission owner, as defined in s. 196.485 (1) (dm), that is approved by the applicable federal agency, as defined in s. 196.485 (1) (c), and that controls transmission facilities, as defined in s. 196.485 (1) (h), in this and another state.
History:  1985 a. 297; 1993 a. 496; 1997 a. 204.
This section does not violate the interstate commerce clause of the U. S. constitution. Alliant Energy Corporation v. Bie, 330 F.3d 904 (2003).
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.54 - Indeterminate permits.

196.54
Indeterminate permits.
(1)
Grants to be indeterminate. Every license, permit or franchise granted after July 11, 1907, to any public utility shall have the effect of an indeterminate permit subject to this chapter and ch. 197.
(2)
Franchises made indeterminate. Every license, permit or franchise granted prior to July 11, 1907, by the state or by a municipality authorizing and empowering the grantee to own, operate, manage or control within this state, either directly or indirectly, a public utility or any part of a public utility is altered and amended to constitute and be an indeterminate permit which is subject to this chapter and ch. 197. The license, permit or franchise shall have the same force and effect as a license, permit or franchise granted after July 11, 1907, to any public utility, except as provided under s. 197.02.
(3)
Validation of franchises and permits.
(a)
No franchise affected by sub. (2) and no indeterminate permit shall be declared invalid if:
1.
The franchise or permit was not obtained by fraud, bribery or corrupt practices.
2.
When the franchise or permit was granted, no officer of the municipality granting the franchise or permit was directly or indirectly interested in the franchise or permit or in the corporation obtaining the franchise or permit.
(b)
Any franchise affected by sub. (2) and any indeterminate permit is valid if:
1.
The corporation having the franchise or permit, prior to surrendering of the franchise or at the beginning of its public service under the permit, in good faith has purchased or constructed any public utility, or any part of a public utility authorized by the franchise.
2.
The corporation, in obtaining the franchise or permit, has substantially complied with the requirements provided by law for obtaining the franchise or permit.
(4)
Grants after July 11, 1907; consent to municipal purchase. If a public utility accepts or operates under any license, permit or franchise granted after July 11, 1907, the public utility shall be deemed to have consented under its indeterminate permit to a future purchase of its property actually used and useful for the convenience of the public by the municipality in which the major part of it is situated for the compensation and under the terms and conditions determined by the commission. The public utility shall be deemed to have waived the right to require that the necessity of taking be established by the verdict of a jury, and any other remedy or right relative to condemnation, except any remedy or right under this chapter and ch. 197.
(5)
Municipal purchase invalidates permit. An indeterminate permit shall be invalid if a municipality exercises its option to purchase the public utility being operated under the permit or if the permit is otherwise terminated according to law.
(6)
Applicability. This section does not apply to a telecommunications utility.
History:  1981 c. 390; 1983 a. 53 ss. 69 to 73; 1983 a. 192; 1993 a. 496.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.59 - Merchandising by utilities.

196.59
Merchandising by utilities.
Each public utility engaged in the production, transmission, delivery or furnishing of heat, light or power either directly or indirectly to or for the use of the public shall keep separate accounts to show any profit or loss resulting from the sale of appliances or other merchandise. The commission may not take the profit or loss into consideration in arriving at any rate to be charged for service by the public utility.
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.595 - Utility advertising practices.

196.595
Utility advertising practices.
(1)
In this section:
(a)
“Advertising" means:
1.
Printed and published material and descriptive literature of a utility used in newspapers, magazines, radio and TV scripts, billboards and similar displays.
1m.
Any material which provides information favorable to a public utility on any issue about which the utility is attempting to influence legislative or administrative action by direct oral or written communication with any elective state official, agency official or legislative employee if the practice is regulated under subch. III of ch. 13.
2.
Descriptive literature and sales aids of all kinds issued by a utility for presentation to utility consumers and other members of the public, including but not limited to any material enclosed with or added to a utility billing statement, circulars, leaflets, booklets, depictions, illustrations and form letters.
3.
Prepared sales talks to the public and public informational facilities.
4.
Other materials and procedures enumerated by rule of the commission which promote or provide information to the public about a public utility.
(b)
“Expenditure" means any cost of advertising directly incurred by a utility and any cost of advertising incurred by contribution to parent or affiliated companies or to trade associations.
(c)
“Public utility" in this section means any public utility, as defined in s. 196.01, engaged in the transmission, delivery, or furnishing of natural gas by means of pipes or mains, heat, light, water, or power. “Public utility" does not include any cooperative association organized under ch. 185.
(2)
A public utility may not charge its ratepayers for any expenditure for advertising unless the advertising:
(b)
Produces a demonstrated, direct and substantial benefit for ratepayers. Advertising which produces a direct and substantial benefit for ratepayers is limited to advertising which does any of the following:
1.
Demonstrates energy or water conservation methods.
2.
Conveys safety information on the use of energy.
2g.
Conveys health or safety information related to a water system or the use of water, including information on preventing frozen water laterals.
2r.
Identifies the public utility on public utility property or the location of public utility property.
3.
Demonstrates methods of reducing ratepayer costs.
4.
Otherwise directly and substantially benefits ratepayers.
5.
Is required by law, administrative rule, or permit.
(2m)
Notwithstanding sub. (2), a public utility may charge its ratepayers for expenditures for reasonable direct communication to ratepayers that will be directly and substantially impacted by ongoing or future water public utility operations or construction.
(3)
The commission shall make rules to carry out the purposes of and to enforce this section.
History:  1983 a. 27, 235; 1985 a. 297; 1989 a. 338; 1993 a. 496; 2017 a. 136.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.60 - Discrimination prohibited; penalty.

196.60
Discrimination prohibited; penalty.
(1)
(a)
No public utility and no agent, as defined in s. 196.66 (3) (a), or officer of a public utility, directly or indirectly, may charge, demand, collect or receive from any person more or less compensation for any service rendered or to be rendered by it in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water, or power or for any service in connection therewith, than that prescribed in the published schedules or tariffs then in force, or established under this chapter, or than it charges, demands, collects or receives from any other person for a like contemporaneous service.
(b)
A public utility or an agent that violates par. (a) shall be deemed guilty of unjust discrimination and shall forfeit not less than $100 nor more than $5,000 for each offense. An officer who violates par. (a) shall be fined not less than $50 nor more than $2,500 for each offense.
(3)
If a public utility gives an unreasonable preference or advantage to any person or subjects any person to any unreasonable prejudice or disadvantage, the public utility shall be deemed guilty of unjust discrimination. A public utility violating this subsection shall forfeit not less than $50 nor more than $5,000 for each offense.
History:  1977 c. 418; 1983 a. 53 ss. 77, 78, 82; 1985 a. 297; 1989 a. 49; 2011 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.604 - Rebates, concessions and discriminations unlawful.

196.604
Rebates, concessions and discriminations unlawful.
No person may knowingly solicit, accept or receive any rebate, concession or discrimination from a public utility for any service in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water or power within this state or for any connected service whereby the service is rendered or is to be rendered free or at a rate less than the rate named in the schedules and tariffs in force, or whereby any other service or advantage is received. Any person violating this section shall be fined not less than $50 nor more than $5,000 for each offense.
History:  1983 a. 53 s. 84; 1989 a. 49; 1995 a. 409; 2011 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.605 - Telecommunications cooperatives with federal loans.

196.605
Telecommunications cooperatives with federal loans.
(1)
A public utility which is a cooperative association incorporated under ch. 185 or 193 to furnish telecommunications service in rural areas on a nonprofit basis with a telecommunications utility financed in part through a loan from the United States under the rural electrification act of 1936, 7 USC 901 to 950aaa-5, as amended, may require each of its local service telecommunications patrons to deposit with the association the amount of the membership fee or other form of capital representing the proportional share of the total equity capital of the association required as a condition of federal financing. The membership fee or other form of equity capital attributable to each local service patron may be collected by the association in installments in connection with billings for service. The required deposits of equity capital shall be segregated in the billing from service charges and shall be credited when received on the membership or equity capital account of the patron.
(2)
The amount of the membership fee or equity capital to be so required of each local service telecommunications patron under sub. (1) may be based upon reasonable classifications of service and appropriate factors relating to the cost of rendition of the service. The amounts, classifications and manner of collecting the amounts shall be subject to the approval of the commission. The commission may promulgate rules under this subsection.
History:  1979 c. 110 s. 60 (11); 1983 a. 53; 1985 a. 297 s. 76; 1993 a. 496; 2005 a. 441.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.61 - Facilities in exchange for compensation prohibited.

196.61
Facilities in exchange for compensation prohibited.
A public utility may not demand, charge, collect or receive from any person less compensation for any service rendered or to be rendered by the public utility in return for the furnishing by that person of any part of the facilities incident to the service. This section may not be construed to prohibit any public utility from renting any facility relating to the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power and from paying a reasonable rental for the facility. This section may not be construed to require any public utility to furnish any part of any appliance which is at the premises of any consumer, except meters and appliances for measurements of any product or service, unless the commission orders otherwise.
History:  1983 a. 53; 1985 a. 297; 1993 a. 496.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.625 - Discrimination by telecommunications utilities.

196.625
Discrimination by telecommunications utilities.
Except as provided in s. 196.63, a telecommunications utility shall receive and transmit without discrimination messages from and for any person upon tender or payment of the usual or customary charges therefor, whenever requested to do so, without regard to the character of the messages to be transmitted unless a court of competent jurisdiction finds the messages to be in violation of s. 944.21 (3). Any telecommunications utility or agent, as defined in s. 196.66 (3) (a), neglecting or refusing to comply with any of the provisions of this section shall forfeit not less than $25 nor more than $5,000 for each day of such neglect or refusal. Any director or officer of a telecommunications utility neglecting or refusing to comply with any of the provisions of this section shall forfeit not less than $25 nor more than $2,500. Any employee of a telecommunications utility neglecting or refusing to comply with any of the provisions of this section shall forfeit not less than $25 nor more than $1,000. One-half of the forfeitures recovered under this section shall be paid to the person prosecuting under this section.
History:  1985 a. 297; 1987 a. 416; 1989 a. 49; 1991 a. 294.
A private person cannot commence a forfeiture action under this section and thus forcibly join the state as a plaintiff. State v. Wisconsin Telephone Co. 91 Wis. 2d 702, 284 N.W.2d 41 (1979).
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.63 - Telecommunications interruption in crisis situation.

196.63
Telecommunications interruption in crisis situation.
(1)
Interruption authority. If a sheriff, a police chief or a law enforcement officer designated by a sheriff or police chief to respond in a crisis situation has probable cause to believe that a person is holding a hostage or is resisting apprehension through the use or threatened use of force, the sheriff, police chief or law enforcement officer may order a telecommunications utility to interrupt or reroute telecommunications service to or from the suspected person for the duration of the crisis situation to prevent the person from communicating with anyone other than a person authorized by the sheriff, police chief or law enforcement officer.
(2)
Utility immunity. A telecommunications utility may not be held liable for any action it takes under sub. (1).
History:  1991 a. 294.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.635 - Unbilled utility service.

196.635
Unbilled utility service.
All service supplied by a public utility must be billed within 2 years of such service. No customer shall be liable for unbilled service 2 years after the date of the service unless:
(1)
The utility made a reasonable effort to measure the service, but the customer did not allow the utility access to any device, including but not limited to a meter, necessary to measure service.
(2)
The customer obtained the service by fraud or deception, including but not limited to theft or tampering with any device, including but not limited to a meter, necessary to measure service.
(3)
The customer obtained the service by negligent interference by the customer or the customer's agent with equipment necessary to measure service and the interference causes service to go unmeasured.
History:  1977 c. 62; 1981 c. 179, 391; 1989 a. 40.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.64 - Public utilities, liability for treble damages.

196.64
Public utilities, liability for treble damages.
(1)
If a director, officer, employee or agent of a public utility, in the course of the discharge of his or her duties, willfully, wantonly or recklessly does, causes or permits to be done any matter, act or thing prohibited or declared to be unlawful under this chapter or ch. 197, or willfully, wantonly or recklessly fails to do any act, matter or thing required to be done under this chapter, the public utility shall be liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. No recovery as in this section provided shall affect a recovery by the state of the penalty prescribed for such violation.
(2)
The burden of proof in an action under sub. (1) rests with the person injured to prove the case by clear and convincing evidence.
History:  1981 c. 390; 1983 a. 53; 1991 a. 39.
A treble damage claim is no longer a separate cause of action because gross negligence is to be compared like all other negligence. Kania v. Chicago & North Western Railway Co. 57 Wis. 2d 761, 204 N.W.2d 681 (1973).
An award of treble damages does not require proof of willful, wanton, or reckless behavior. This provision is constitutional. Peissig v. Wisconsin Gas. Co. 155 Wis. 2d 686, 456 N.W.2d 348 (1990).
Principles of subrogation law prevent insurers from recovering treble damages. Beacon Bowl v. Wisconsin Electric Power Co. 176 Wis. 2d 740, 501 N.W.2d 788 (1993).
This section does not establish a cause of action separate from one sounding in negligence and does not apply to contract actions. Recycle Worlds Consulting Corp. v. Wisconsin Bell, 224 Wis. 2d 586, 592 N.W.2d 637 (Ct. App. 1999), 98-0752.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.642 - Customer liability for treble damages.

196.642
Customer liability for treble damages.
(1)
In an action to collect the outstanding balance on a customer's account, a court may award a public utility furnishing gas or electricity 3 times the amount of that portion of the outstanding balance incurred after October 31 and before April 16 if all of the following conditions are met:
(a)
The customer's payment on any portion of the outstanding balance incurred after October 31 and before April 16 is 80 or more days past due.
(b)
The customer's quarterly household income exceeds 250 percent of the income poverty guidelines for the nonfarm population of the United States as prescribed by the federal office of management and budget under 42 USC 9902 (2) during a calendar year quarter in which any portion of the outstanding balance incurred after October 31 and before April 16 is billed.
(c)
The customer exhibited an ability to pay the portion of the outstanding balance incurred after October 31 and before April 16 when billed.
(d)
The public utility includes with the first billing statement for any portion of an outstanding balance incurred after October 31 and before April 16 a written notice informing the customer that a court may award the public utility 3 times the amount of that portion of the outstanding balance incurred after October 31 and before April 16 if the customer's payment on any portion of that amount is 80 or more days past due, the customer exhibited an ability to pay that amount and the customer's household income exceeds a threshold level.
(2)
The finder of fact shall consider all of the following factors to determine if a customer exhibited an ability to pay:
(a)
Size of the outstanding balance.
(b)
Customer's payment history.
(c)
Period of time the balance is past due.
(d)
Customer's reasons for the outstanding balance.
(e)
Customer's household size, income and expenses.
(3)
The finder of fact may consider other relevant factors concerning a customer's circumstances to determine if a customer exhibited an ability to pay.
(4)
Nothing in this section prevents a public utility in an action to collect the outstanding balance on a customer's account from seeking damages other than damages that meet the conditions under sub. (1), but the treble damages provision applies only to damages that meet the conditions under sub. (1).
History:  1989 a. 40.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.643 - Public utility service to rental dwelling unit.

196.643
Public utility service to rental dwelling unit.
(1)
Responsible party. When a customer terminates service to the customer's rental dwelling unit, a public utility shall make reasonable attempt to identify the party responsible for service to the rental dwelling unit after the customer's termination. If a responsible party cannot be identified, the public utility may give the owner written notice by regular or other mail of the public utility's intent to hold the owner responsible for service to the rental dwelling unit. The owner shall not be responsible for service if the public utility does not give the notice under this subsection or if, within 15 days after the date the notice is mailed, the owner notifies the public utility of the name of the party responsible for service to the rental dwelling unit or notifies the public utility that service to the rental dwelling unit should be terminated and affirms that service termination will not endanger human health or life or cause damage to property.
(2)
Joint metering. If gas, electric or water service is measured jointly for 2 or more rental dwelling units, the owner shall maintain the account for gas, electric or water service in the name of the owner or in the name of the agent responsible for the collection of rent and the management of the rental dwelling units.
(3)
Notifications; electric service.
(a)
If requested by the owner of a rental dwelling unit and authorized by the tenant residing in the unit as provided in par. (b), all of the following apply to the public utility that provides electric service to the tenant:
1.
The public utility shall notify the owner in the same manner as the tenant of any pending disconnection of service to the unit that is due to nonpayment of past due charges.
2.
The public utility may provide information about the status of a disconnection described in subd. 1. to the owner by telephone.
(b)
A public utility or owner may obtain from a tenant the authorization required under par. (a), except that an owner must obtain the authorization in a separate written document.
(4)
Resumption of service. No public utility may require the owner of a rental dwelling unit to provide proof of eviction or other evidence that a tenant has vacated the unit as a condition for providing or resuming public utility service to the unit if the service is placed and maintained solely in the owner's name.
History:  1989 a. 40; 2017 a. 317.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.645 - Rate changes.

196.645
Rate changes.
(1)
The commission, upon complaint or upon its own motion, may proceed to investigate and determine whether a public utility's rates should be changed by reason of a change in the cost of an energy, commodity or service resulting from a change in charges for the energy, commodity or service if:
(a)
The rates of the public utility are based on the cost of the energy, commodity or service furnished to the public utility which the public utility furnishes or distributes to its consumers; and
(b)
The charges for the energy, commodity and service are regulated by an authority of the federal government and the federal authority has prescribed the change in charges.
(2)
The commission may make a change in rates under sub. (1) effective as of the effective date of the order of the federal authority prescribing the change in charges.
(3)
Notwithstanding ss. 196.60 (3) and 196.604, the commission may determine and require payment by the public utility to its consumers of any sums which the public utility received from the consumers subsequent to the effective date of its order under this section and which are in excess of the rates prescribed by the commission under this section.
History:  1983 a. 53.
This section does not authorize the use of an excessive earnings test to determine whether a refund received by a utility when its wholesaler's rate was lowered is to be distributed or retained. Algoma, Eagle River, New Holstein, Stratford, Sturgeon Bay & Two Rivers v. PSC, 91 Wis. 2d 252, 283 N.W.2d 261 (Ct. App. 1978).
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.66 - General forfeiture provisions.

196.66
General forfeiture provisions.
(1)
General forfeiture; failure to obey. If any public utility violates this chapter or ch. 197 or fails or refuses to perform any duty enjoined upon it for which a penalty has not been provided, or fails, neglects or refuses to obey any lawful requirement or order of the commission or the governing body of a municipality or a sanitary commission or any judgment or decree of any court upon its application, for every violation, failure or refusal the public utility shall forfeit not less than $25 nor more than $5,000.
(2)
Each day separate offense. Every day during which any public utility or any officer, agent, as defined in sub. (3) (a), or employee of a public utility fails to comply with any order or direction of the commission or to perform any duty enjoined by this chapter or ch. 197 shall constitute a separate and distinct violation under sub. (1). If the order is suspended, stayed or enjoined, this penalty shall not accrue.
(3)
Considerations in setting forfeitures.
(a)
In this subsection, “agent" means an authorized person who acts on behalf of or at the direction of a public utility. “Agent" does not include a director, officer or employee of a public utility.
(b)
A court imposing a forfeiture on a public utility or an agent, director, officer or employee of a public utility under this chapter shall consider all of the following in determining the amount of the forfeiture:
1.
The appropriateness of the forfeiture to the volume of business of the public utility.
2.
The gravity of the violation.
3.
Any good faith attempt to achieve compliance after the public utility, agent, director, officer or employee receives notice of the violation.
(4)
Treble maximum forfeitures.
(a)
If an act or omission causes death or a life-threatening or seriously debilitating injury, and is subject to a forfeiture proceeding under this chapter, the maximum forfeiture that may be imposed shall be trebled.
(b)
If a public utility fails to comply with any rule, order or direction of the commission after actual receipt by the public utility of written notice from the commission specifying the failure, the maximum forfeiture under sub. (1) shall be $15,000.
History:  1981 c. 390; 1983 a. 53; 1989 a. 49.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.665 - Unlawful combinations, trusts.

196.665
Unlawful combinations, trusts.
(1)
The state may take possession of any dam maintained under a permit granted under s. 31.06 or 31.08 by proceedings instituted by the commission if the dam:
(a)
Is owned, leased, trusteed, possessed or controlled in any manner that makes it form a part of or in any way effect an unlawful combination.
(b)
Is controlled by any combination in the form of an unlawful trust.
(c)
Forms the subject of any contract or conspiracy to limit the output of any hydraulic or hydroelectric power derived from the dam.
(2)
In proceedings under this section, the members of the commission shall be appointed to act as receivers during a period of time to be determined by the court.
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.67 - Warning signs.

196.67
Warning signs.
(1)
Any person constructing, operating or maintaining an overhead electrical supply line with a voltage of 6,000 or more between conductors or between conductors and the ground shall place warning signs from 4 to 6 feet above the ground, upon all poles or other structures supporting the line.
(1m)
If it determines that it is necessary for public safety, the commission, by order or rule, may apply sub. (1) to any person constructing, operating or maintaining an overhead electrical supply line with a voltage of 2,000 or more.
(2)
The commission shall establish standards for warning signs on overhead electrical supply line poles and structures.
(3)
A public utility or an agent, as defined in s. 196.66 (3) (a), violating this section shall be fined not less than $50 nor more than $5,000 for each offense. A director or officer of a public utility violating this section shall be fined not less than $50 nor more than $2,500 for each offense. An employee of a public utility violating this section shall be fined not less than $50 nor more than $1,000 for each offense.
History:  1979 c. 171; 1983 a. 53, 238; 1989 a. 49; 1993 a. 246.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.675 - Unlawful for carriers and public utilities to employ assistant district attorneys or judicial officers.

196.675
Unlawful for carriers and public utilities to employ assistant district attorneys or judicial officers.
(1)
No common carrier operating within this state and no public utility, except a municipal public utility, may retain or employ an assistant district attorney or any person holding a judicial office.
(2)
If any assistant district attorney or any person holding a judicial office violates this section, the assistant district attorney's or judge's office shall be deemed vacant.
(3)
This section does not apply to circuit or supplemental court commissioners.
History:  1977 c. 236; 1983 a. 53; 1987 a. 104; 1989 a. 31; 1991 a. 39; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.68 - Municipal officers, malfeasance.

196.68
Municipal officers, malfeasance.
If any officer of a municipality which owns or operates a public utility does, causes or permits to be done any matter, act or thing prohibited or declared to be unlawful under this chapter or ch. 197 or omits, fails, neglects or refuses to perform any duty which is enjoined upon him or her and which relates directly or indirectly to the enforcement of this chapter and ch. 197, or if the officer omits, fails, neglects or refuses to obey any lawful requirement or order of the commission or any judgment or decree of a court upon its application, for every such violation, failure or refusal the officer shall forfeit not less than $50 nor more than $2,500.
History:  1981 c. 390; 1983 a. 53; 1989 a. 49.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.69 - Interference with commission's equipment.

196.69
Interference with commission's equipment.
(1)
If any person destroys, injures or interferes with any apparatus or appliance owned, in the charge of or operated by the commission or its agent, the person shall be fined not more than $5,000 or imprisoned for not more than 30 days or both if the person is a public utility or an agent, as defined in s. 196.66 (3) (a), fined not more than $2,500 or imprisoned for not more than 30 days or both if the person is a director or officer of a public utility, or fined not more than $1,000 or imprisoned for not more than 30 days or both if the person is an employee of a public utility.
(2)
Any public utility permitting a violation of this section shall forfeit not more than $5,000 for each offense.
History:  1983 a. 53; 1989 a. 49.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.70 - Temporary alteration or suspension of rates.

196.70
Temporary alteration or suspension of rates.
(1)
The commission, when it deems necessary to prevent injury to the business or interests of the people or any public utility in case of any emergency to be judged of by the commission, may by order temporarily alter, amend, or with the consent of the public utility concerned, suspend any existing rates, schedules and order relating to or affecting any public utility or part of any public utility.
(2)
The commission may direct an order under sub. (1) to part of a public utility or to one or more public utilities and may prescribe when the order takes effect and for how long the order shall be in effect.
History:  1983 a. 53.
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. › 196.71 - Municipal public utility contracts.

196.71
Municipal public utility contracts.
If a municipality owns a public utility and if there is no other public utility furnishing the same service, the commission, after a public hearing and determination that the municipally owned public utility cannot be operated profitably, may authorize a contract between the municipality and any person not a public utility to furnish light, power or electric current to the municipality upon terms and conditions approved by the commission. The person contracting with the municipality is not a public utility solely due to the contract with the municipality.
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.72 - Accidents; public utility report; investigation.

196.72
Accidents; public utility report; investigation.
(1)
(a)
The commission may issue orders or rules, after hearing, requiring public utilities to record or report accidents which occur upon the public utilities' premises or which arise directly or indirectly from, or are connected with, the public utilities' maintenance or operation.
(b)
Notwithstanding any statute to the contrary, any report filed with the commission under par. (a) shall be without prejudice to the person making the report and shall be for the sole information and use of the commission and its staff. Neither the report nor its content may be made available to any other person. The report may not be used as evidence in any trial, civil or criminal, arising out of the event concerning which the report is submitted.
(2)
The commission shall investigate any accident under sub. (1) if the commission deems that the public interest requires it. The commission shall hold the investigation in the locality of the accident, unless it is more convenient to hold it at some other place. The commission may adjourn the investigation from place to place. The commission shall give the public utility reasonable notice of the time and place of the investigation.
History:  1983 a. 53; 1985 a. 297.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.74 - Electric lines; safety and interference.

196.74
Electric lines; safety and interference.
Each public utility and railroad which owns, operates, manages or controls along or across any public or private way any wires over which electricity or messages are transmitted shall construct, operate and maintain the wires and any related equipment in a manner which is reasonably adequate and safe and which does not unreasonably interfere with the service furnished by any other public utility or railroad. The commission may issue orders or rules, after hearing, requiring electric construction and operating of such wires and equipment to be safe. The commission may revise the orders or rules as may be required to promote public safety. If any interested party files a complaint with the commission indicating that public safety or adequate service requires changes in construction, location or methods of operation, the commission shall give notice to the parties in interest of the filing of the complaint. The commission shall proceed to investigate the complaint and shall order a hearing on it. After the hearing the commission shall order any change in construction or location or change of methods of operation required for public safety or to avoid service interference. The commission shall indicate in the order by whom the change shall be made. The commission shall fix the proportion of the cost and expense of the change, which shall be paid by the parties in interest. The commission shall fix reasonable terms and conditions related to the payment of the cost and expense.
History:  1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.76 - Other rights of action; penalties cumulative.

196.76
Other rights of action; penalties cumulative.
This chapter and ch. 197 shall not have the effect of releasing or waiving any right of action by the state or by any person for any right, penalty or forfeiture which arises under any law of this state. All penalties and forfeitures accruing under this chapter and ch. 197 shall be cumulative. A suit for recovery of one penalty or forfeiture may not bar the recovery of any other penalty.
History:  1981 c. 390; 1983 a. 53.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.78 - Voluntary dissolution.

196.78
Voluntary dissolution.
No corporation or limited liability company owning or operating a public utility may be dissolved unless the commission consents. The commission may consent only after hearing. The commission shall give at least 30 days' notice to each municipality in which the public utility is operated and an opportunity to be heard to each municipality and to the stockholders in the corporation or members of a limited liability company.
History:  1983 a. 53; 1993 a. 112.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.79 - Reorganization subject to commission approval.

196.79
Reorganization subject to commission approval.
The reorganization of any public utility shall be subject to the supervision and control of the commission. No reorganization may take effect without the written approval of the commission. The commission may not approve any plan of reorganization unless the applicant for approval establishes that the plan of reorganization is consistent with the public interest.
History:  1977 c. 29; 1983 a. 53; 1993 a. 496; 2011 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 196 - Regulation of public utilities. › 196.80 - Consolidation or merger of utilities.

196.80
Consolidation or merger of utilities.
(1g)
In this section, “public utility" does not include a telecommunications utility.
(1m)
With the consent and approval of the commission but not otherwise a public utility may:
(a)
Merge or consolidate with one or more other public utilities.
(b)
Acquire the stock of any other public utility or any part thereof.
(d)
Consolidate or merge with any Wisconsin corporation if substantially all of the assets of the corporation consist of the entire stock of the public utility. The total of the resulting securities outstanding of the possessor corporation which have not been authorized previously under ch. 201 shall require authorization under ch. 201 as a condition precedent to the merger or consolidation.
(e)
Sell, acquire, lease or rent any public utility plant or property constituting an operating unit or system.
(2)
Nothing in this section shall be construed to affect or limit the operation of ss. 197.01 to 197.10 or of ss. 62.69, 66.0621 and 66.0801 to 66.0827.
(3)
The interested public utility shall make an application for the approval and consent of the commission under this section. The application shall contain a concise statement of the proposed action, the reasons for the action and any other information required by the commission. If an application is filed, the commission shall investigate the application. The investigation may be with or without public hearing. If the commission conducts a public hearing, the hearing shall be upon such notice as the commission may require. If the commission finds that the proposed action is consistent with the public interest, it shall give its consent and approval in writing. In reaching its determination the commission shall take into consideration the reasonable value of the property and assets of the corporation to be acquired or merged.
(5)
Any transaction required under this section to be submitted to the commission for its consent and approval shall be void unless the commission gives its consent and approval to the transaction in writing.
(6)
Nothing in this section may be construed to limit any authority conferred by statute upon the commission before June 27, 1935.
History:  1977 c. 29; 1983 a. 53; 1993 a. 496; 1997 a. 140; 1999 a. 150 ss. 647, 672.