PSC 133.05 HistoryHistory: Cr. Register, February, 1959, No. 38, eff. 3-1-59; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 07-020: r. and recr. Register October 2007 No. 622, eff. 11-1-07.

PSC 133.06(1)(1) Hearing requirements. The commission is not required to hold a hearing on a gas public utility application for a certificate of authority unless any of the following apply:

PSC 133.06(1)(a)(a) The application proposes a change in the type of gas or proposes the construction, installation, or the placing in operation of plant that contemplate a change in the type of gas.

PSC 133.06(1)(b)(b) The application is treated as a contested case.

PSC 133.06(1)(c)(c) The proposed project requires the preparation of an environmental impact statement under s. 1.11, Stats.

PSC 133.06(1)(d)(d) The commission determines that a hearing is necessary.

PSC 133.06(2)(2) Commission authority. The commission may grant or deny an application in whole or in part, subject to any modification or condition the general public interest or public convenience and necessity may require.

PSC 133.06 HistoryHistory: Cr. Register, February, 1959, No. 38, eff. 3-1-59; correction made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 07-020: r. and recr. Register October 2007 No. 622, eff. 11-1-07.

PSC 133.07(1)(a)(a) “General territorial agreement” means any territorial agreement other than a limited territorial agreement.

PSC 133.07(1)(b)(b) “Limited territorial agreement” means a territorial agreement under s. 196.50 (1) (am) 1., Stats.

PSC 133.07(1m)(a)(a) A gas public utility may enter into a general or limited territorial agreement with another gas public utility. A gas public utility that enters into a general territorial agreement shall file the territorial agreement with the commission for review and approval. A gas public utility that enters into a limited territorial agreement shall file the territorial agreement with the commission but does not need to receive commission approval.

PSC 133.07(1m)(b)(b) A general territorial agreement does not grant a gas public utility authority to serve in a municipality.

PSC 133.07(1m)(c)(c) A gas public utility which seeks approval of a general territorial agreement shall include in its filing all of the following:

PSC 133.07(1m)(c)1.1. Identification of any commission action or docket that granted a gas public utility authority for providing service in the municipality affected by the agreement.

PSC 133.07(1m)(c)2.2. A detailed map and the legal description of the area covered by the territorial agreement.

PSC 133.07(1m)(c)3.3. An evaluation demonstrating how the territorial agreement will avoid controversy over the area to be served by each utility, avoid duplication of facilities, and provide more efficient service.

PSC 133.07(1m)(d)(d) A gas public utility shall file a signed limited territorial agreement with the commission. The utility shall include all of the following in its filing:

PSC 133.07(1m)(d)1.1. Identification of the commission action or docket that granted a gas public utility authority for providing service in the municipality affected by the agreement.

PSC 133.07(1m)(d)2.2. A detailed map and the legal description of the area covered by the limited territorial agreement, including a showing that the area to be served by the additional gas public utility is adjacent to a municipality that the additional gas public utility is already authorized to serve.

PSC 133.07(1m)(d)3.3. Identification of the number of additional customers to which the additional gas public utility will provide service.

PSC 133.07(1m)(d)4.4. A statement that none of the additional customers to be served are located more than ½ mile from an existing service territory boundary between the original and the additional gas public utilities.

PSC 133.07(1m)(d)5.5. An evaluation demonstrating the reasons for the territorial agreement, such as avoiding controversy over the area to be served by each gas public utility, avoiding duplication of facilities, or providing more efficient service.

PSC 133.07(1m)(d)6.6. Proof that the municipality involved has authorized the additional gas public utility’s provision of service in the municipality, if such authorization is required.