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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 674
November 27, 2023 - Introduced by Representatives NEYLON, GUSTAFSON, TITTL,
BALDEH, GREEN, KRUG, MURPHY, O'CONNOR, PENTERMAN, RETTINGER, ROZAR,
SPIROS and TRANEL, cosponsored by Senators COWLES and STROEBEL. Referred
to Committee on Energy and Utilities.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 196.26 (1m), 196.26 (2) (a), 196.26 (2) (b) and 196.26 (2) (c); and
to create 196.26 (1) (d), 196.26 (1) (e), 196.26 (1e), 196.26 (2) (d), 196.26 (4),
196.26 (5), 196.26 (6) and 196.26 (7) of the statutes; relating to: procedures
related to certain complaints filed with the Public Service Commission.
Analysis by the Legislative Reference Bureau
This bill makes various changes to procedures for complaints filed with the
Public Service Commission, including the following:
1. Authorizing PSC to investigate complaints filed by persons adversely
affected by a person who has received a Certificate of Public Convenience and
Necessity from PSC. Under current law, a person must obtain a CPCN before
constructing a large electric generating facility or a high-voltage transmission line.
2. Authorizing PSC to investigate complaints filed by persons adversely
affected by a continuous interruption of electric or gas service exceeding 180 minutes
or who experienced at least two separate interruptions of electric or gas service
during a one-year period.
3. Requiring PSC to disclose, upon request of a complainant or public utility
or party that is the subject of a complaint, all documents and written materials that
are generated or gathered related to the complaint. Under the bill, PSC may decline
to disclose the documents and written materials if it determines that that disclosure
would jeopardize an ongoing investigation, but PSC must disclose the documents
and written materials as soon as it is feasible to do so without jeopardizing the
investigation.
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4. Prohibiting PSC from dismissing a complaint unless a majority of the
commission votes to dismiss the complaint while present at a hearing that is open
to the public.
5. Prohibiting PSC from dismissing a complaint for failure to contact the public
utility against whom a complaint was made if the complainant made at least one
documented attempt to contact the public utility before filing the complaint and
certain other conditions are satisfied.
6. Authorizing PSC to order any appropriate relief, including a lower rate, a bill
credit, or other compensation for complainants and similarly situated persons. The
cost to a public utility of any relief ordered by PSC may not be recovered through the
public utility's rates.
7. Requiring PSC to provide information on its website about the process for
filing a complaint.
8. Authorizing PSC to combine multiple investigations into a single
investigation if it determines that the investigations arise from complaints made
against the same person and the subject matter of the complaints is substantially
similar.
9. Prohibiting PSC from closing to the public a hearing based on a complaint
unless both the complainant and the person that is the subject of the complaint
consent.
10. Increasing from 10 days to 20 days the amount of notice that PSC must give
to a complainant and a public utility or person that is the subject of a complaint
before holding a hearing related to a complaint.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 196.26 (1) (d) of the statutes is created to read:
196.26 (1) (d) A complaint filed with the commission by a person adversely
affected by a person who has received a certificate of public convenience and
necessity from the commission under s. 196.491 (3), including an alleged violation
of a final order issued by the commission under s. 196.491 (3).
SECTION 2. 196.26 (1) (e) of the statutes is created to read:
196.26 (1) (e) A complaint filed with the commission by a person adversely
affected by a continuous interruption to the person's electric or gas service of a
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ASSEMBLY BILL 674
duration exceeding 180 minutes or who experienced 2 or more separate interruptions
to the person's electric or gas service during a one-year period.
SECTION 3. 196.26 (1e) of the statutes is created to read:
196.26 (1e) INFORMATION ON COMPLAINT PROCEDURES. (a) The commission shall
provide on its website information on the procedures for filing a complaint under this
section, including information that assists a person in filing a complaint, the
information that should be provided in a complaint, and suggested formatting for a
complaint.
(b) The commission shall include a link on the home page of its website to the
information described in par. (a).
SECTION 4. 196.26 (1m) of the statutes is amended to read:
196.26 (1m) INVESTIGATION OF COMPLAINT. If any mercantile, agricultural, or
manufacturing society, body politic, or municipal organization, or 25 persons file a
person files a complaint specified in sub. (1) (a) or (d) against a public utility, or if the
commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b.,
or if a person files a complaint specified in sub. (1) (c), the commission, with or
without notice, may investigate the complaint under this section as it considers
necessary. The commission may not issue an order based on an investigation under
this subsection without a public hearing.
SECTION 5. 196.26 (2) (a) of the statutes is amended to read:
196.26 (2) (a) Prior to a hearing under this section, the commission shall notify
the public utility or, party to an interconnection agreement, or person complained of
that a complaint has been made, and 10 20 days after the notice has been given the
commission may proceed to set a time and place for a hearing and an investigation.
This paragraph does not apply to a complaint specified in sub. (1) (b).
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SECTION 6 ASSEMBLY BILL 674
SECTION 6. 196.26 (2) (b) of the statutes is amended to read:
196.26 (2) (b) The commission shall give the complainant and either the public
utility or, party to an interconnection agreement which, or person that is the subject
of a complaint specified in sub. (1) (a) or, (c), or (d) or, for a complaint specified in sub.
(1) (b), a party to an interconnection agreement who is identified in a notice under
s. 196.199 (3) (b) 1. b., 10 20 days' notice of the time and place of the hearing and the
matter to be considered and determined at the hearing. The complainant and either
the public utility or, party to the interconnection agreement, or person that is the
subject of the complaint may be heard. The commission may subpoena any witness
at the request of the public utility, party to the interconnection agreement, person
that is the subject of the complaint, or complainant.
SECTION 7. 196.26 (2) (c) of the statutes is amended to read:
196.26 (2) (c) Notice under pars. (a) and (b) may be combined. The combined
notice may not be less than 10 20 days prior to hearing.
SECTION 8. 196.26 (2) (d) of the statutes is created to read:
196.26 (2) (d) The commission may not close a hearing under this section to the
public unless the complainant and the person that is the subject of the complaint
consent to closing the hearing to the public.
SECTION 9. 196.26 (4) of the statutes is created to read:
196.26 (4) COMBINING INVESTIGATIONS. The commission may combine multiple
investigations into a single investigation if the commission determines that the
investigations arise from complaints made against the same person and the subject
matter of the complaints is substantially similar.
SECTION 10. 196.26 (5) of the statutes is created to read:
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196.26 (5) DISCLOSURE OF MATERIALS. (a) Upon request of a complainant or a
public utility, party to an interconnection agreement, or person that is the subject of
a complaint, the commission shall make available all documents and written
materials generated or gathered related to the complaint.
(b) Notwithstanding par. (a), the commission may decline, for a limited time,
to make available the documents and written materials described in par. (a) if the
commission determines that disclosing the documents and written materials would
jeopardize an ongoing investigation based on the complaint, but the commission
shall make the documents and written materials available to the person that
requested them under par. (a) as soon as it is feasible to disclose the documents and
written materials without jeopardizing the investigation.
SECTION 11. 196.26 (6) of the statutes is created to read:
196.26 (6) DISMISSAL OF COMPLAINTS. (a) The commission may not dismiss a
complaint filed under this section unless a majority of the commission votes to
dismiss the complaint while present at a hearing that is open to the public.
(b) The commission may not dismiss a complaint filed under this section for
failure to contact the public utility against whom the complaint is made if any of the
following applies:
1. The complainant made at least one documented attempt to contact the public
utility at least 20 days before filing the complaint and the complainant responded to
any subsequent communications from the public utility.
2. If the complaint relates to a disconnection in service, the complainant made
at least one documented attempt to contact the public utility at least 5 days before
filing the complaint.
SECTION 12. 196.26 (7) of the statutes is created to read:
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SECTION 12 ASSEMBLY BILL 674
196.26 (7) RELIEF. (a) After an investigation and public hearing related to a
complaint under this section, the commission may order any appropriate relief,
including a lower rate, a bill credit, or other compensation for the complainant and
similarly situated persons.
(b) The cost to a public utility of any relief ordered under this subsection may
not be recovered through the public utility's rates.
(END)
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