Section 4.50. Public hearing on proposed actions.

 

(1)   Date and location.

(a)

1. Except as provided in subd. 2. , the commission shall hold a public hearing on a proposed action for which it has prepared an EIS before making a final decision. The commission shall hold the hearing at least 30 days after publishing a notice of hearing and distributing the final EIS under s. PSC 4.30 (5) (b) .

2. The commission may reduce the review period prior to hearing for cause, as provided in s. PSC 4.30 (5) (d) 2.

(b) Concerning a proposed action of statewide significance, the commission may hold the public hearing in Madison. For other proposed actions the commission shall, as specified in s. 1.11 (2) (d) , Stats., hold a hearing in the locality affected.

(2)   Hearing notice. In addition to the notice requirements specified for a hearing in s. 1.11 (2) (d) , Stats.:

(a) The commission shall mail a notice of hearing to known interested persons and others specified in s. PSC 4.30 (4) (d) .

(b) The commission may require a project applicant to place one or more advertisements about the project and the hearing in the news media.

(3)   Conduct of the hearing. The commission shall conduct the public hearing under this section as a contested case proceeding, in accordance with ss. 227.44 to 227.50 , Stats., or, if the proposed action involves rule making or a proposal for legislation, in accordance with s. 227.18 , Stats. At the hearing commission staff shall offer the final EIS into evidence. The commission staff shall testify about the preparation of the final EIS and the issues it identifies, and may provide other relevant information on the environmental aspects of the case that may have come to its attention. The commission shall receive the final EIS into evidence. The commission may also receive testimony at the hearing regarding the environmental aspects of the case and the content of the final EIS.

(4)   Order. The commission shall distribute a copy of its order on the proposed action to each agency responding to the draft EIS or the final EIS, to each party to the proceeding and to any person who requests a copy.

History: Cr. Register, July, 1995, No. 475 , eff. 8-1-95; am. (3), Register, June, 2000, No. 534 , eff. 7-1-00.

Note

Section 1.11 (2) (d) , Stats., also requires the commission to wait at least 15 days after publishing a newspaper notice of a hearing, before holding the hearing. Microsoft Windows NT 6.1.7601 Service Pack 1