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Wisconsin Senate Bill SB648

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB648 Compare Versions

Only one version of the bill is available at this time.
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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 648
55 November 9, 2023 - Introduced by Senators COWLES and STROEBEL, cosponsored by
66 Representatives NEYLON, GUSTAFSON, TITTL, BALDEH, GREEN, KRUG, MURPHY,
77 O'CONNOR, PENTERMAN, RETTINGER, ROZAR, SPIROS and TRANEL. Referred to
88 Committee on Utilities and Technology.
99 AN ACT to amend 196.26 (1m), 196.26 (2) (a), 196.26 (2) (b) and 196.26 (2) (c); and
1010 to create 196.26 (1) (d), 196.26 (1) (e), 196.26 (1e), 196.26 (2) (d), 196.26 (4),
1111 196.26 (5), 196.26 (6) and 196.26 (7) of the statutes; relating to: procedures
1212 related to certain complaints filed with the Public Service Commission.
1313 Analysis by the Legislative Reference Bureau
1414 This bill makes various changes to procedures for complaints filed with the
1515 Public Service Commission, including the following:
1616 1. Authorizing PSC to investigate complaints filed by persons adversely
1717 affected by a person who has received a Certificate of Public Convenience and
1818 Necessity from PSC. Under current law, a person must obtain a CPCN before
1919 constructing a large electric generating facility or a high-voltage transmission line.
2020 2. Authorizing PSC to investigate complaints filed by persons adversely
2121 affected by a continuous interruption of electric or gas service exceeding 180 minutes
2222 or who experienced at least two separate interruptions of electric or gas service
2323 during a one-year period.
2424 3. Requiring PSC to disclose, upon request of a complainant or public utility
2525 or party that is the subject of a complaint, all documents and written materials that
2626 are generated or gathered related to the complaint. Under the bill, PSC may decline
2727 to disclose the documents and written materials if it determines that that disclosure
2828 would jeopardize an ongoing investigation, but PSC must disclose the documents
2929 and written materials as soon as it is feasible to do so without jeopardizing the
3030 investigation.
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3737 4. Prohibiting PSC from dismissing a complaint unless a majority of the
3838 commission votes to dismiss the complaint while present at a hearing that is open
3939 to the public.
4040 5. Prohibiting PSC from dismissing a complaint for failure to contact the public
4141 utility against whom a complaint was made if the complainant made at least one
4242 documented attempt to contact the public utility before filing the complaint and
4343 certain other conditions are satisfied.
4444 6. Authorizing PSC to order any appropriate relief, including a lower rate, a bill
4545 credit, or other compensation for complainants and similarly situated persons. The
4646 cost to a public utility of any relief ordered by PSC may not be recovered through the
4747 public utility's rates.
4848 7. Requiring PSC to provide information on its website about the process for
4949 filing a complaint.
5050 8. Authorizing PSC to combine multiple investigations into a single
5151 investigation if it determines that the investigations arise from complaints made
5252 against the same person and the subject matter of the complaints is substantially
5353 similar.
5454 9. Prohibiting PSC from closing to the public a hearing based on a complaint
5555 unless both the complainant and the person that is the subject of the complaint
5656 consent.
5757 10. Increasing from 10 days to 20 days the amount of notice that PSC must give
5858 to a complainant and a public utility or person that is the subject of a complaint
5959 before holding a hearing related to a complaint.
6060 For further information see the state fiscal estimate, which will be printed as
6161 an appendix to this bill.
6262 The people of the state of Wisconsin, represented in senate and assembly, do
6363 enact as follows:
6464 SECTION 1. 196.26 (1) (d) of the statutes is created to read:
6565 196.26 (1) (d) A complaint filed with the commission by a person adversely
6666 affected by a person who has received a certificate of public convenience and
6767 necessity from the commission under s. 196.491 (3), including an alleged violation
6868 of a final order issued by the commission under s. 196.491 (3).
6969 SECTION 2. 196.26 (1) (e) of the statutes is created to read:
7070 196.26 (1) (e) A complaint filed with the commission by a person adversely
7171 affected by a continuous interruption to the person's electric or gas service of a
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8282 SECTION 2
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8484 duration exceeding 180 minutes or who experienced 2 or more separate interruptions
8585 to the person's electric or gas service during a one-year period.
8686 SECTION 3. 196.26 (1e) of the statutes is created to read:
8787 196.26 (1e) INFORMATION ON COMPLAINT PROCEDURES. (a) The commission shall
8888 provide on its website information on the procedures for filing a complaint under this
8989 section, including information that assists a person in filing a complaint, the
9090 information that should be provided in a complaint, and suggested formatting for a
9191 complaint.
9292 (b) The commission shall include a link on the home page of its website to the
9393 information described in par. (a).
9494 SECTION 4. 196.26 (1m) of the statutes is amended to read:
9595 196.26 (1m) INVESTIGATION OF COMPLAINT. If any mercantile, agricultural, or
9696 manufacturing society, body politic, or municipal organization, or 25 persons file a
9797 person files a complaint specified in sub. (1) (a) or (d) against a public utility, or if the
9898 commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b.,
9999 or if a person files a complaint specified in sub. (1) (c), the commission, with or
100100 without notice, may investigate the complaint under this section as it considers
101101 necessary. The commission may not issue an order based on an investigation under
102102 this subsection without a public hearing.
103103 SECTION 5. 196.26 (2) (a) of the statutes is amended to read:
104104 196.26 (2) (a) Prior to a hearing under this section, the commission shall notify
105105 the public utility or, party to an interconnection agreement, or person complained of
106106 that a complaint has been made, and 10 20 days after the notice has been given the
107107 commission may proceed to set a time and place for a hearing and an investigation.
108108 This paragraph does not apply to a complaint specified in sub. (1) (b).
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135135 SECTION 6 SENATE BILL 648
136136 SECTION 6. 196.26 (2) (b) of the statutes is amended to read:
137137 196.26 (2) (b) The commission shall give the complainant and either the public
138138 utility or, party to an interconnection agreement which, or person that is the subject
139139 of a complaint specified in sub. (1) (a) or, (c), or (d) or, for a complaint specified in sub.
140140 (1) (b), a party to an interconnection agreement who is identified in a notice under
141141 s. 196.199 (3) (b) 1. b., 10 20 days' notice of the time and place of the hearing and the
142142 matter to be considered and determined at the hearing. The complainant and either
143143 the public utility or, party to the interconnection agreement, or person that is the
144144 subject of the complaint may be heard. The commission may subpoena any witness
145145 at the request of the public utility, party to the interconnection agreement, person
146146 that is the subject of the complaint, or complainant.
147147 SECTION 7. 196.26 (2) (c) of the statutes is amended to read:
148148 196.26 (2) (c) Notice under pars. (a) and (b) may be combined. The combined
149149 notice may not be less than 10 20 days prior to hearing.
150150 SECTION 8. 196.26 (2) (d) of the statutes is created to read:
151151 196.26 (2) (d) The commission may not close a hearing under this section to the
152152 public unless the complainant and the person that is the subject of the complaint
153153 consent to closing the hearing to the public.
154154 SECTION 9. 196.26 (4) of the statutes is created to read:
155155 196.26 (4) COMBINING INVESTIGATIONS. The commission may combine multiple
156156 investigations into a single investigation if the commission determines that the
157157 investigations arise from complaints made against the same person and the subject
158158 matter of the complaints is substantially similar.
159159 SECTION 10. 196.26 (5) of the statutes is created to read:
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186186 SECTION 10
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188188 196.26 (5) DISCLOSURE OF MATERIALS. (a) Upon request of a complainant or a
189189 public utility, party to an interconnection agreement, or person that is the subject of
190190 a complaint, the commission shall make available all documents and written
191191 materials generated or gathered related to the complaint.
192192 (b) Notwithstanding par. (a), the commission may decline, for a limited time,
193193 to make available the documents and written materials described in par. (a) if the
194194 commission determines that disclosing the documents and written materials would
195195 jeopardize an ongoing investigation based on the complaint, but the commission
196196 shall make the documents and written materials available to the person that
197197 requested them under par. (a) as soon as it is feasible to disclose the documents and
198198 written materials without jeopardizing the investigation.
199199 SECTION 11. 196.26 (6) of the statutes is created to read:
200200 196.26 (6) DISMISSAL OF COMPLAINTS. (a) The commission may not dismiss a
201201 complaint filed under this section unless a majority of the commission votes to
202202 dismiss the complaint while present at a hearing that is open to the public.
203203 (b) The commission may not dismiss a complaint filed under this section for
204204 failure to contact the public utility against whom the complaint is made if any of the
205205 following applies:
206206 1. The complainant made at least one documented attempt to contact the public
207207 utility at least 20 days before filing the complaint and the complainant responded to
208208 any subsequent communications from the public utility.
209209 2. If the complaint relates to a disconnection in service, the complainant made
210210 at least one documented attempt to contact the public utility at least 5 days before
211211 filing the complaint.
212212 SECTION 12. 196.26 (7) of the statutes is created to read:
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239239 SECTION 12 SENATE BILL 648
240240 196.26 (7) RELIEF. (a) After an investigation and public hearing related to a
241241 complaint under this section, the commission may order any appropriate relief,
242242 including a lower rate, a bill credit, or other compensation for the complainant and
243243 similarly situated persons.
244244 (b) The cost to a public utility of any relief ordered under this subsection may
245245 not be recovered through the public utility's rates.
246246 (END)
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