Section 133.08. Service in annexed areas.

 

(1)   Current authority in annexing municipality. A gas public utility that is authorized to provide service in a municipality that annexes an area of another municipality does not need further commission approval to provide service in a newly annexed portion if any of the following apply:

(a) The utility is also authorized to provide service in the municipality from which the area is annexed.

(b) No other gas public utility is authorized to provide service in the municipality from which the area is annexed.

(c) Another gas public utility is authorized to provide service in the municipality from which the area is annexed but does not have facilities or serve customers in the annexed area.

(2)   Current authority in annexed area. A gas public utility that is authorized to provide service in a municipality from which an area is annexed may apply for commission authorization under ss. 196.49 and 196.50 , Stats., to provide service in the annexed area when another gas public utility is authorized to provide service in the annexing municipality and neither gas public utility has facilities or serves customers in the annexed area. The commission shall determine which portions of the annexed area may be served by each utility.

(3)   New authority to serve annexed area. A gas public utility that is authorized to provide service in a municipality that annexes an area of another municipality shall apply for commission authorization under ss. 196.49 and 196.50 , Stats., to provide service in an annexed area if another gas public utility is authorized to provide service in the municipality from which the area is annexed and is serving customers or has facilities in the annexed area. The commission shall determine which portions of the annexed area may be served by each utility.

(4)   Continued authority to serve annexed area. A gas public utility that is not authorized to provide service in a municipality that annexes an area of another municipality in which the utility is authorized to provide service shall apply for commission authorization to allow continued service to existing customers in the annexed area. The utility may continue to serve existing customers while the commission acts on the authorization request. The commission shall determine whether the utility may provide gas service to any other portions of the annexing municipality.

(5)   Newly incorporated municipalities. Subsection (4) , as it applies to newly-annexed areas, shall apply to newly-incorporated municipalities.

(6)   Application requirements. Applications under this section shall include all of the following:

(a) The commission action or docket that granted authority for providing service in the annexing municipality and the municipality from which an area is annexed.

(b) Detailed maps and legal description of the annexed area.

(c) An evaluation demonstrating how service to customers in the annexed area could be provided economically and efficiently by the applicant.

(d) If the service area sought by the gas public utility in the annexed area requires commission approval under s. 196.50 , Stats., the filing shall include an evaluation demonstrating why provision of service by a second gas public utility in the municipality is needed.

History: CR 07-020 : cr. Register October 2007 No. 622 , eff. 11-1-07; CR 15-003 : am. (3), (6) (d) Register September 2015 No. 717 , eff. 10-1-15.