WI
Wisconsin Assembly Bill AB674

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB674 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 LRB-4711/1
22 KP:skw&cdc
33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 674
55 November 27, 2023 - Introduced by Representatives NEYLON, GUSTAFSON, TITTL,
66 BALDEH, GREEN, KRUG, MURPHY, O'CONNOR, PENTERMAN, RETTINGER, ROZAR,
77 SPIROS and TRANEL, cosponsored by Senators COWLES and STROEBEL. Referred
88 to Committee on Energy and Utilities.
99 ***AUTHORS SUBJECT TO CHANGE***
1010 AN ACT to amend 196.26 (1m), 196.26 (2) (a), 196.26 (2) (b) and 196.26 (2) (c); and
1111 to create 196.26 (1) (d), 196.26 (1) (e), 196.26 (1e), 196.26 (2) (d), 196.26 (4),
1212 196.26 (5), 196.26 (6) and 196.26 (7) of the statutes; relating to: procedures
1313 related to certain complaints filed with the Public Service Commission.
1414 Analysis by the Legislative Reference Bureau
1515 This bill makes various changes to procedures for complaints filed with the
1616 Public Service Commission, including the following:
1717 1. Authorizing PSC to investigate complaints filed by persons adversely
1818 affected by a person who has received a Certificate of Public Convenience and
1919 Necessity from PSC. Under current law, a person must obtain a CPCN before
2020 constructing a large electric generating facility or a high-voltage transmission line.
2121 2. Authorizing PSC to investigate complaints filed by persons adversely
2222 affected by a continuous interruption of electric or gas service exceeding 180 minutes
2323 or who experienced at least two separate interruptions of electric or gas service
2424 during a one-year period.
2525 3. Requiring PSC to disclose, upon request of a complainant or public utility
2626 or party that is the subject of a complaint, all documents and written materials that
2727 are generated or gathered related to the complaint. Under the bill, PSC may decline
2828 to disclose the documents and written materials if it determines that that disclosure
2929 would jeopardize an ongoing investigation, but PSC must disclose the documents
3030 and written materials as soon as it is feasible to do so without jeopardizing the
3131 investigation.
3232 1
3333 2
3434 3
3535 4 - 2 -2023 - 2024 Legislature LRB-4711/1
3636 KP:skw&cdc
3737 ASSEMBLY BILL 674
3838 4. Prohibiting PSC from dismissing a complaint unless a majority of the
3939 commission votes to dismiss the complaint while present at a hearing that is open
4040 to the public.
4141 5. Prohibiting PSC from dismissing a complaint for failure to contact the public
4242 utility against whom a complaint was made if the complainant made at least one
4343 documented attempt to contact the public utility before filing the complaint and
4444 certain other conditions are satisfied.
4545 6. Authorizing PSC to order any appropriate relief, including a lower rate, a bill
4646 credit, or other compensation for complainants and similarly situated persons. The
4747 cost to a public utility of any relief ordered by PSC may not be recovered through the
4848 public utility's rates.
4949 7. Requiring PSC to provide information on its website about the process for
5050 filing a complaint.
5151 8. Authorizing PSC to combine multiple investigations into a single
5252 investigation if it determines that the investigations arise from complaints made
5353 against the same person and the subject matter of the complaints is substantially
5454 similar.
5555 9. Prohibiting PSC from closing to the public a hearing based on a complaint
5656 unless both the complainant and the person that is the subject of the complaint
5757 consent.
5858 10. Increasing from 10 days to 20 days the amount of notice that PSC must give
5959 to a complainant and a public utility or person that is the subject of a complaint
6060 before holding a hearing related to a complaint.
6161 For further information see the state fiscal estimate, which will be printed as
6262 an appendix to this bill.
6363 The people of the state of Wisconsin, represented in senate and assembly, do
6464 enact as follows:
6565 SECTION 1. 196.26 (1) (d) of the statutes is created to read:
6666 196.26 (1) (d) A complaint filed with the commission by a person adversely
6767 affected by a person who has received a certificate of public convenience and
6868 necessity from the commission under s. 196.491 (3), including an alleged violation
6969 of a final order issued by the commission under s. 196.491 (3).
7070 SECTION 2. 196.26 (1) (e) of the statutes is created to read:
7171 196.26 (1) (e) A complaint filed with the commission by a person adversely
7272 affected by a continuous interruption to the person's electric or gas service of a
7373 1
7474 2
7575 3
7676 4
7777 5
7878 6
7979 7
8080 8 - 3 -2023 - 2024 Legislature
8181 LRB-4711/1
8282 KP:skw&cdc
8383 SECTION 2
8484 ASSEMBLY BILL 674
8585 duration exceeding 180 minutes or who experienced 2 or more separate interruptions
8686 to the person's electric or gas service during a one-year period.
8787 SECTION 3. 196.26 (1e) of the statutes is created to read:
8888 196.26 (1e) INFORMATION ON COMPLAINT PROCEDURES. (a) The commission shall
8989 provide on its website information on the procedures for filing a complaint under this
9090 section, including information that assists a person in filing a complaint, the
9191 information that should be provided in a complaint, and suggested formatting for a
9292 complaint.
9393 (b) The commission shall include a link on the home page of its website to the
9494 information described in par. (a).
9595 SECTION 4. 196.26 (1m) of the statutes is amended to read:
9696 196.26 (1m) INVESTIGATION OF COMPLAINT. If any mercantile, agricultural, or
9797 manufacturing society, body politic, or municipal organization, or 25 persons file a
9898 person files a complaint specified in sub. (1) (a) or (d) against a public utility, or if the
9999 commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b.,
100100 or if a person files a complaint specified in sub. (1) (c), the commission, with or
101101 without notice, may investigate the complaint under this section as it considers
102102 necessary. The commission may not issue an order based on an investigation under
103103 this subsection without a public hearing.
104104 SECTION 5. 196.26 (2) (a) of the statutes is amended to read:
105105 196.26 (2) (a) Prior to a hearing under this section, the commission shall notify
106106 the public utility or, party to an interconnection agreement, or person complained of
107107 that a complaint has been made, and 10 20 days after the notice has been given the
108108 commission may proceed to set a time and place for a hearing and an investigation.
109109 This paragraph does not apply to a complaint specified in sub. (1) (b).
110110 1
111111 2
112112 3
113113 4
114114 5
115115 6
116116 7
117117 8
118118 9
119119 10
120120 11
121121 12
122122 13
123123 14
124124 15
125125 16
126126 17
127127 18
128128 19
129129 20
130130 21
131131 22
132132 23
133133 24
134134 25 - 4 -2023 - 2024 Legislature LRB-4711/1
135135 KP:skw&cdc
136136 SECTION 6 ASSEMBLY BILL 674
137137 SECTION 6. 196.26 (2) (b) of the statutes is amended to read:
138138 196.26 (2) (b) The commission shall give the complainant and either the public
139139 utility or, party to an interconnection agreement which, or person that is the subject
140140 of a complaint specified in sub. (1) (a) or, (c), or (d) or, for a complaint specified in sub.
141141 (1) (b), a party to an interconnection agreement who is identified in a notice under
142142 s. 196.199 (3) (b) 1. b., 10 20 days' notice of the time and place of the hearing and the
143143 matter to be considered and determined at the hearing. The complainant and either
144144 the public utility or, party to the interconnection agreement, or person that is the
145145 subject of the complaint may be heard. The commission may subpoena any witness
146146 at the request of the public utility, party to the interconnection agreement, person
147147 that is the subject of the complaint, or complainant.
148148 SECTION 7. 196.26 (2) (c) of the statutes is amended to read:
149149 196.26 (2) (c) Notice under pars. (a) and (b) may be combined. The combined
150150 notice may not be less than 10 20 days prior to hearing.
151151 SECTION 8. 196.26 (2) (d) of the statutes is created to read:
152152 196.26 (2) (d) The commission may not close a hearing under this section to the
153153 public unless the complainant and the person that is the subject of the complaint
154154 consent to closing the hearing to the public.
155155 SECTION 9. 196.26 (4) of the statutes is created to read:
156156 196.26 (4) COMBINING INVESTIGATIONS. The commission may combine multiple
157157 investigations into a single investigation if the commission determines that the
158158 investigations arise from complaints made against the same person and the subject
159159 matter of the complaints is substantially similar.
160160 SECTION 10. 196.26 (5) of the statutes is created to read:
161161 1
162162 2
163163 3
164164 4
165165 5
166166 6
167167 7
168168 8
169169 9
170170 10
171171 11
172172 12
173173 13
174174 14
175175 15
176176 16
177177 17
178178 18
179179 19
180180 20
181181 21
182182 22
183183 23
184184 24 - 5 -2023 - 2024 Legislature
185185 LRB-4711/1
186186 KP:skw&cdc
187187 SECTION 10
188188 ASSEMBLY BILL 674
189189 196.26 (5) DISCLOSURE OF MATERIALS. (a) Upon request of a complainant or a
190190 public utility, party to an interconnection agreement, or person that is the subject of
191191 a complaint, the commission shall make available all documents and written
192192 materials generated or gathered related to the complaint.
193193 (b) Notwithstanding par. (a), the commission may decline, for a limited time,
194194 to make available the documents and written materials described in par. (a) if the
195195 commission determines that disclosing the documents and written materials would
196196 jeopardize an ongoing investigation based on the complaint, but the commission
197197 shall make the documents and written materials available to the person that
198198 requested them under par. (a) as soon as it is feasible to disclose the documents and
199199 written materials without jeopardizing the investigation.
200200 SECTION 11. 196.26 (6) of the statutes is created to read:
201201 196.26 (6) DISMISSAL OF COMPLAINTS. (a) The commission may not dismiss a
202202 complaint filed under this section unless a majority of the commission votes to
203203 dismiss the complaint while present at a hearing that is open to the public.
204204 (b) The commission may not dismiss a complaint filed under this section for
205205 failure to contact the public utility against whom the complaint is made if any of the
206206 following applies:
207207 1. The complainant made at least one documented attempt to contact the public
208208 utility at least 20 days before filing the complaint and the complainant responded to
209209 any subsequent communications from the public utility.
210210 2. If the complaint relates to a disconnection in service, the complainant made
211211 at least one documented attempt to contact the public utility at least 5 days before
212212 filing the complaint.
213213 SECTION 12. 196.26 (7) of the statutes is created to read:
214214 1
215215 2
216216 3
217217 4
218218 5
219219 6
220220 7
221221 8
222222 9
223223 10
224224 11
225225 12
226226 13
227227 14
228228 15
229229 16
230230 17
231231 18
232232 19
233233 20
234234 21
235235 22
236236 23
237237 24
238238 25 - 6 -2023 - 2024 Legislature LRB-4711/1
239239 KP:skw&cdc
240240 SECTION 12 ASSEMBLY BILL 674
241241 196.26 (7) RELIEF. (a) After an investigation and public hearing related to a
242242 complaint under this section, the commission may order any appropriate relief,
243243 including a lower rate, a bill credit, or other compensation for the complainant and
244244 similarly situated persons.
245245 (b) The cost to a public utility of any relief ordered under this subsection may
246246 not be recovered through the public utility's rates.
247247 (END)
248248 1
249249 2
250250 3
251251 4
252252 5
253253 6
254254 7