Wisconsin Administrative Code › Public Service Commission › Chapter PSC 6 - Assessment of commission's holding company regulation costs › Section PSC 6.03 - Occasion for assessment of expenditures

Current through June 24, 2024
Expenditures of the commission are assessable against a holding
				company, or a nonutility affiliate, or both, in a holding company system
				whenever commission expenditures have been incurred because of any increase in
				regulation of a public utility affiliate, where such expenditures have been
				reasonably required in order for the commission to implement and enforce s.
				196.795,
				Stats. Such assessable expenditures include, but are not limited to,
				expenditures incurred by the commission in carrying out the following
				regulatory duties:
(1) Granting or
			 denying a certificate of approval to form a holding company;
(2) Holding a hearing concerning an
			 application for a certificate of approval to form a holding company;
(3) The modification or addition of any term,
			 limitation or condition of a certificate of approval to form a holding
			 company;
(4) Determining whether a
			 takeover of a holding company as set forth in s.
			 196.795(3),
			 Stats., is in the best interests of utility consumers, investors and the
			 public;
(5) Making determinations
			 regarding capital impairment of public utility affiliates in holding company
			 systems;
(6) Examination of books,
			 records, documents and other information relating to a holding company
			 system;
(7) Conducting any
			 litigation related to the protection of a holding company system's business
			 information from public disclosure;
(8) Monitoring and enforcing s.
			 196.795(5), (c),
			 (d), (dm), (dr), (f), (g) and (h),
			 Stats.;
(9) Considering and
			 determining, in a rate proceeding, attributions of tax and other benefits or
			 liabilities pursuant to s.
			 196.795(5)
			 (i), Stats.;
(10) Regulating holding company system real
			 estate transactions between public utility affiliates and holding companies or
			 between public utility affiliates and nonutility affiliates in a holding
			 company system, including leases;
(11) Approving or disapproving the
			 termination of the interest of a holding company system in a public utility
			 affiliate;
(12) Regulating
			 advertising pursuant to s.
			 196.795(5)
			 (n), Stats.;
(13) Determining compliance with and
			 enforcement of s.
			 196.795(6m)
			 (b), Stats., including the costs of
			 determining the assets of each nonutility affiliate;
(14) Investigating and making determinations
			 regarding the selling at retail, leasing, installing, maintaining or servicing
			 of appliances pursuant to s.
			 196.795(5)
			 (g), Stats.;
(15) Investigating, and approving or
			 disapproving, the use by nonutility affiliates of the services of employes of
			 public utility affiliates pursuant to s.
			 196.795(5)
			 (r), Stats.;
(16) Regulating property contracts or
			 arrangements between public utility affiliates and nonutility affiliates
			 pursuant to s.
			 196.795(5)
			 (s), Stats.;
(17) Administering the reporting requirements
			 set forth in s.
			 196.795(6),
			 Stats.;
(18) Conducting commission
			 investigations into the impact of the operation of every holding company system
			 on every public utility affiliate in the holding company system as set forth in
			 s.
			 196.795(7),
			 Stats.;
(19) Conducting hearings
			 and investigations to determine if any practice of a holding company system
			 violates any provisions of s.
			 196.795(5) (b) to
			 (s), Stats., or any limitation, term or
			 condition of the certificate of approval to form a holding company, all
			 pursuant to s.
			 196.795(7)
			 (b), Stats.;
(20) Conducting all litigation arising out of
			 any order of the commission directing a holding company system to modify or
			 cease a practice which violates any provision of s.
			 196.795(5) (b) to
			 (s), Stats., or any limitation, term or
			 condition of its certificate of approval to form a holding company;
(21) Conducting any investigation and hearing
			 regarding the necessity of ordering a holding company to terminate its interest
			 in a public utility affiliate under s.
			 196.795(7)
			 (c), Stats., and any litigation associated
			 therewith;
(22) Conducting any
			 intervention by the commission in any proceeding which involves an application
			 of or issue related to s.
			 196.795,
			 Stats., pursuant to its authority to intervene under s.
			 196.795(10),
			 Stats.;
(23) Providing assistance,
			 monitoring and advocacy in protecting small business interests under s.
			 196.795,
			 Stats., in any action or proceedings before the commission, pursuant to s.
			 196.795(10m),
			 Stats.;
(24) Conducting any other
			 litigation arising out of the performance of the commission's regulatory duties
			 with respect to the implementation and enforcement of s.
			 196.795,
			 Stats.;
(25) Ascertaining and
			 collecting payment of the commission's holding company regulation costs under
			 s.
			 196.84,
			 Stats.;
(26) Determining future
			 investment terms, limitations or conditions on holding companies formed prior
			 to November 28, 1985, pursuant to s.
			 196.795(11)
			 (b), Stats.;
(27) All other costs and expenses reasonably
			 required in order for the commission to implement and enforce s.
			 196.795,
			 Stats.