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)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)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.

PSC 133.07(2)(a)1.1. When one gas public utility is authorized by the commission to provide gas service in a municipality, and that utility has entered into a general territorial agreement with another gas public utility that does not have commission authorization to serve in the municipality, the additional utility shall apply for and receive from the commission a certificate under ss. 196.49 and 196.50, Stats., before it can provide gas utility service in the municipality.

PSC 133.07(2)(a)2.2. If the service area sought by one of the utilities covered by the general territorial agreement requires commission approval under this paragraph, that utility’s filing for a certificate of authority shall include an evaluation demonstrating why provision of service by an additional utility in the municipality is needed.

PSC 133.07(2)(a)3.3. If a certificate of authority is granted, the certificate will specify the portions of the municipality in which the additional utility is authorized to serve. Any subsequent amendments to the general territorial agreement between the utilities will be considered under par. (b).

PSC 133.07(2)(b)(b) When 2 or more gas public utilities are authorized by the commission to provide gas service in a municipality, and the service area boundaries of the utilities are identified in a general territorial agreement, the authorized service areas may be modified without the need for the commission to issue amended or additional certificates of authority if the commission approves an amended general territorial agreement to which all affected gas public utilities are signatories. Commission approval of an amended general territorial agreement constitutes amended authorizations.

PSC 133.07(2)(c)(c) When more than 2 gas public utilities are authorized by the commission to provide gas service in a municipality, and the service area boundaries of some, but not all, of the utilities are identified in a general territorial agreement, the authorized service areas may be modified without the need for the commission to issue amended or additional certificates of authority if the commission approves an amended general territorial agreement after giving opportunity for the gas public utility not covered by the amended boundary agreement to object. If an objection is received, the commission may proceed with approving the amended general territorial agreement or may require the agreement signatories to apply for amended certificates of authority. Commission approval of an amended general territorial agreement constitutes amended authorizations.