Wisconsin Administrative Code
Public Service Commission
Chapter PSC 6 - Assessment of commission's holding company regulation costs
Section PSC 6.07 - Billing and collection procedures
Universal Citation: WI Admin Code ยง PSC 6.07
Current through August 26, 2024
(1) DETERMINATION. The bill mailed by the commission shall constitute the commission's determination that the charges contained therein represent increases in the cost of regulating a public utility affiliate which are reasonably required in order for the commission to implement and enforce s. 196.795, Stats.
(2) BILLING.
(a)
Direct assessments.
1. The commission shall determine the
expenses reasonably attributable to the specific holding company docket,
holding company or nonutility affiliate, or both, and mail a bill to the
holding company or nonutility affiliate, or both. The bill may be mailed during
the progress of the holding company regulation activity, including
consideration of an application for a certificate of approval to form a holding
company, or at the conclusion of such activity. It shall constitute notice of
the assessment and demand for payment.
2. The commission shall render monthly
statements of said direct assessments to holding companies and nonutility
affiliates, which statements itemize the names of commission employes engaged
in holding company regulation work, the hours expended, the hourly rates and
the total amount of charges.
(b)
Remainder assessments.
1. The commission shall annually, within 90
days of the commencement of each fiscal year, ascertain the total of its
holding company regulation expenditures during the prior fiscal year which were
reasonably required in order for the commission to implement and enforce s.
196.795,
Stats. The commission shall deduct from this total all amounts directly
assessable pursuant to s.
PSC 6.05 to arrive at a remainder assessment.
2. For fiscal years 1985-1986, 1986-1987, and
1987-88, the commission shall assess to the holding companies and their
nonutility affiliates and to those persons who applied for or were granted a
certificate of approval to form a holding company but have not yet formed a
holding company, a sum equal to the remainder, pursuant to the apportionment
set forth in s.
PSC 6.06(2).
3. Beginning with fiscal year 1988-89 and
thereafter, the commission shall assess to the holding companies and their
nonutility affiliates and those persons who applied for or were granted a
certificate of approval to form a holding company but have not yet formed a
holding company, a sum equal to the remainder plus 10% of that remainder. This
shall constitute the "advance remainder assessment."
4. If, at the time of payment of the advance
remainder assessment, the commissioner's prior fiscal year remainder
expenditures exceeded the advance payments of a remainder assessment made by
the holding companies, nonutility affiliates and persons for that fiscal year,
the commission shall charge the difference to the holding companies, nonutility
affiliates and persons in the proportion which the assets of each holding
company system or person bear to the total assets which are held by all such
holding company systems and persons. If, at the time of payment, it is
determined that the commission's prior fiscal year remainder expenditures
related to holding company regulation were less than the advance payments of a
remainder assessment made for that prior fiscal year, the commission shall
credit the difference to the current year's payment. The remainder assessment
bill constitutes notice of the assessment and demand for payment.
(3) PERIOD FOR PAYMENT AND OBJECTIONS.
(a)
Direct
assessments. The holding company or nonutility affiliate shall, within
30 days after the mailing of the bill for the direct assessment, pay to the
commission the amount for which it is billed. Within 30 days after the date of
the mailing of any direct assessment bill, the holding company or nonutility
affiliate that has been billed may file with the commission objections setting
out in detail the grounds upon which the objector regards the bill to be
excessive, erroneous, unlawful or invalid. The procedure set forth in s.
196.85(4),
Stats., shall be followed by the objector and the commission. If the commission
overrules or disallows the objections, the bill must be paid within 10 days
after notice of such overruling or disallowance.
(b)
Remainder assessments.
1. Remainder assessments resulting from the
regulation of public utility affiliates of holding companies shall be paid by
holding companies and nonutility affiliates within 30 days after the bill for
the remainder charges has been mailed to the holding companies and nonutility
affiliates. The holding companies and nonutility affiliates shall have 30 days
after the mailing of the bill containing the remainder charges to file
objections, and the procedures set forth in s.
196.85(4),
Stats., shall be followed.
2.
Holding companies and nonutility affiliates shall not be required to pay a
remainder assessment in advance until the fiscal year beginning July 1, 1988;
this does not prohibit the commission from assessing holding companies,
nonutility affiliates or person's remainder assessments covering commission
expenditures made during the prior fiscal year and requiring payment of those
remainder assessments within 30 days.
(c) Collection of direct and remainder
assessments, including collections in the event of nonpayment, shall be made
pursuant to the procedures set forth in s.
196.85,
Stats.
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