Wisconsin Legislature: PSC 2.02(5)

Ch. PSC 2 NoteNote: Chapter PSC 2 as it existed on June 30, 2002 was repealed and a new chapter PSC 2 was created Register June 2002 No. 558, effective July 1, 2002.

subch. I of ch. PSC 2Subchapter I — General

PSC 2.01PSC 2.01 Applicability. This chapter establishes the rules of practice and procedure in commission investigations, proceedings and other dockets. Portions of this chapter also apply generally to matters such as filing, computation of time and other administrative matters whether or not in dockets. Where a statute or rule prescribes a different process for certain kinds of matters, that process shall apply wherever this chapter is inconsistent with that process. Unless otherwise provided by statute, all of the provisions of ch. 227, Stats. apply to commission dockets.

PSC 2.01 NoteNote: Examples of particular processes for certain kinds of matters are the customer complaint rules contained in chapters PSC 113, 134, 165, and 185.

PSC 2.01 NoteSections of ch. 227 which apply to commission dockets include s. 227.44(4)(a), authorizing prehearing conferences, and s. 227.45, entitled “Evidence and official notice.”

PSC 2.01 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

PSC 2.02PSC 2.02 Definitions. In this chapter:

PSC 2.02(1)(1) “Administrative law judge” means a person designated to preside over a proceeding.

PSC 2.02(2)(2) “Application” means a written request that the commission issue or amend a certificate, license, permit or any other approval, authorization or exemption.

PSC 2.02(3)(3) “Chairperson” means the chairperson of the commission.

PSC 2.02(4)(4) “Commission” means the public service commission.

PSC 2.02(5)(5) “Complaint” means a complaint authorized to be filed by chs. 196 or 200, Stats.

PSC 2.02(6)(6) “Contested case” has the meaning given in s. 227.01 (3), Stats.

PSC 2.02(7)(7) “Docket” means an investigation, proceeding, or other matter opened by a vote of the commission.

PSC 2.02(8)(8) “Hearing” means a contested case hearing or other trial-type hearing.

PSC 2.02(9)(9) “Investigation” means an investigation under chs. 196, 197, 200 or 201, Stats.

PSC 2.02(10)(10) “Party” means a person or agency named or admitted as a party in a proceeding or a docket.

PSC 2.02(11)(11) “Person” has the meaning given in s. 990.01 (26), Stats.

PSC 2.02(12)(12) “Petition” means a written request to the commission, other than an application or complaint, to open a docket.

PSC 2.02(13)(13) “Proceeding” means a contested case or other docket that includes a hearing,

PSC 2.02(14)(14) “Public hearing” means a hearing that is not a trial-type hearing.

PSC 2.02(15)(15) “Working day” has the meaning given in s. 227.01 (14), Stats.

PSC 2.02 NoteNote: These definitions are new. Terms in use in commission practice are defined, in some cases, differently. For example, the term “proceeding” has generally been used to describe any matter before the commission. Under these rules, a “proceeding” means only a quasi-judicial matter, such as a contested case.

PSC 2.02 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

PSC 2.03PSC 2.03 Role of commission staff.

PSC 2.03(1)(1) Except as provided in sub. (2), members of commission staff appear neither in support of nor in opposition to any cause, but solely to discover and present, if necessary, information pertinent to the docket.

PSC 2.03(2)(2) The commission may designate staff as a party in any class 2 contested case. Where a party, staff has the same rights and obligations as the other parties.

PSC 2.03 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

PSC 2.04PSC 2.04 Role of administrative law judge.

PSC 2.04(1)(1) Powers generally. Except as otherwise provided, the administrative law judge assigned in a docket shall perform all of the activities identified in s. 227.46 (1) (a) to (g) and (i), Stats., and shall make all of the decisions in the docket.

PSC 2.04(2)(2) Powers reserved to the commission. Only the commission may do the following:

PSC 2.04(2)(a)(a) Decide motions for interlocutory review, under s. PSC 2.27.

PSC 2.04(2)(b)(b) Decide requests to reopen dockets, under s. PSC 2.28.

PSC 2.04(2)(c)(c) Make findings of fact, conclusions of law and final decisions.

PSC 2.04(2)(d)(d) Informally dispose of a proceeding, in accordance with s. 227.44 (5), Stats.

PSC 2.04 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

PSC 2.05PSC 2.05 Computation of time and time limits.

PSC 2.05(1)(1) Definition. In this section, “holiday” has the meaning given in s. 230.35 (4) (a), Stats.

PSC 2.05(2)(2) Computation of time. In computing any period of time, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a day the commission is closed, in which case it shall be the next day the commission is open. When a period of time prescribed or allowed is less than 11 days, Saturdays, Sundays, and holidays shall be excluded in the computation.

PSC 2.05(3)(3) Enlargement of time.

PSC 2.05(3)(a)(a) When an act is required by law or by order to be done at or within a specified time, the period of time may be enlarged, but only for good cause shown and upon just terms. Requests shall be made within a reasonable time prior to the expiration of the period in question. Requests made after the expiration of the period in question shall not be granted unless the failure to act was the result of excusable neglect.

PSC 2.05(3)(b)(b) In a proceeding, a motion to enlarge the time for service or filing is governed by s. PSC 2.23 (3).

PSC 2.05(3)(c)(c) Only the commission may modify a time period established by the commission, except that the chairperson of the commission may enlarge any period of time established by the commission for up to 3 working days.

PSC 2.05(4)(4) Service by mail. Whenever a person is authorized or required to do some act within a prescribed period after the service of any paper upon the person and the paper is served upon the person by mail, 3 days shall be added to the prescribed period.

PSC 2.05 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

PSC 2.06PSC 2.06 Filing and service.

PSC 2.06(1)(1) Filing. A person shall file any paper authorized or required to be filed by this chapter with the records management unit of the commission between the hours of 7:45 a.m. and 4:00 p.m. on a working day. Papers are not considered filed until they are date and time stamped by the records management unit. Persons may file in person or by mail. In addition, persons may file submissions of no greater than 25 pages by facsimile.

PSC 2.06(2)(2) Copies. Unless otherwise permitted, a person shall file the original and 20 copies of all papers filed with the commission, except that the records management unit will duplicate, at the expense of the filer, any paper filed by facsimile.

PSC 2.06(3)(3) Service.

PSC 2.06(3)(a)(a)

PSC 2.06(3)(a)1.1. In a proceeding, parties shall serve upon all other parties, a copy of any paper filed with the commission. In dockets where the commission has ordered or requested written comments, persons filing comments shall serve copies upon the person who filed the request to open the docket.

PSC 2.06(3)(a)2.2. The filing of any paper required to be served constitutes a certification by the person making the filing that a copy of such paper has been served.

PSC 2.06(3)(b)(b) Service shall be made by delivering or mailing a copy. Delivery means handing it to the person; transmitting a copy of the paper by facsimile machine to the person’s office; or leaving it at the person’s office with a clerk or other person in charge or, if there is no one in charge, leaving it in a conspicuous place at the office; or, if the office is closed or the person to be served has no office, leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing at that location. Service by mail is complete upon mailing. Service by facsimile is complete upon transmission.

PSC 2.06(3)(c)(c) A person may not serve submissions of greater than 25 pages by facsimile. A person shall serve a paper copy of any paper served or filed by facsimile within 2 days of transmission.

PSC 2.06(4)(4) Improper service or filing. The commission or the administrative law judge may choose not to consider any paper not properly served or filed.

PSC 2.06(5)(5) Electronic service or filing. The commission may authorize and establish procedures for electronic filing. Parties may stipulate to accept service of any document electronically, in lieu of service by another method approved in this section. Electronic service is complete upon transmission.

PSC 2.06 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

PSC 2.07PSC 2.07 Requests to open dockets.

PSC 2.07(1)(1) How requested. The commission may open a docket at the written request of any person or on its own motion. A request to open a docket shall be in the form of an application or a complaint, whichever is specified in the statutes or rules for a particular matter, or, where neither an application nor a complaint is specified, in the form of a petition.

PSC 2.07(2)(2) Request requirements. A request to open a docket shall contain all of the following:

PSC 2.07(2)(a)(a) A statement of the issues presented.

PSC 2.07(2)(b)(b) A statement of the facts necessary to an understanding of the issues.

PSC 2.07(2)(c)(c) A statement of the reasons why the commission should open the docket, and the remedy which the person is seeking in the docket.

PSC 2.07(3)(3) Service requirement. If a request to open a docket alleges a violation by any named person of any statute, rule, or order enforced by the commission, the person filing the request shall serve a copy of the request upon the person named, in the manner provided in s. 801.11, Stats., for service of a summons.

PSC 2.07(4)(4) Responses. Any person may file a response to the request within 20 days of the date of service of the request. A person filing a response shall serve the response upon the person making the request.

PSC 2.07(5)(5) Determinations. Within 60 days from the date of receipt of a request to open a docket, a petition for rules, or a petition for a declaratory ruling, the commission shall either deny the request or petition, or open a docket. If the request or petition is denied, the commission shall promptly notify the person making the request or filing the petition of its decision, including a brief statement of the reasons for its decision.

PSC 2.07 NoteNote: The terms “complaint” and “application” are used in the statutes and other chapters of the administrative code. A person is expected to file a “petition” whenever neither a complaint nor an application is mentioned in the statute or rule authorizing the docket.

PSC 2.07 NoteIt is not necessary to file a request to open a docket in order to seek information or assistance from the staff or in order to bring any matter to the commission’s attention. As provided in s. PSC 2.07, a person may request or the commission on its own motion may open an investigation, a proceeding, or another docket. The commission may decide to open a docket based upon information acquired from informal contacts with the commission.

PSC 2.07 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.

PSC 2.08PSC 2.08 Informal complaints.

PSC 2.08(1)(1) Informal complaints may be made in writing addressed to the commission. Letters may be considered as informal complaints. Matters presented in this manner are handled by correspondence or other informal investigation or by a formal investigation instituted by the commission upon its own motion.