Section 43.12. Appeals.

 

(1)   Right to protest. A non–municipal electric utility that disputes the department's denial or modification of its proposed low-income assistance fee collection plan, the denial of an expense request, or the denial of a reconciliation statement may protest to the department. The non–municipal electric utility shall serve the protest in writing on the administrator of the department's division of energy within 15 days of the receipt of the department's denial or modification of the proposed low-income assistance fee collection plan under s. Adm 43.07 , the reconciliation statement under s. Adm 43.08 , or the expense claim under s. Adm 43.09 .

(2)   Authority to resolve protests. The administrator of the department's division of energy shall have the authority to settle and resolve any protest brought under this subsection. If the protest is not resolved by mutual agreement, the division administrator shall promptly issue a written decision to the protesting utility.

(3)   Appeal. A protesting utility may appeal the decision of the division administrator by alleging a violation of statute or a provision of this chapter to the secretary of the department within 30 calendar days of issuance of the administrator's decision. The secretary or secretary's designee shall take necessary action to settle and resolve the appeal and shall promptly issue a decision in writing which shall be mailed or otherwise served on the protesting utility.

Cr. Register, November, 2000, No. 539 , eff. 12-1-00; CR 07-078 : am. (1) and (2) Register August 2008 No. 632 , eff. 9-1-08.