Section 5.09. Direct assessments; procedure for billing and collection.

 

(1)   Notice of finding of necessity for investigation and intention to assess costs.

(a) Prior to making any assessment of costs under s. 196.85 (1) , Stats., arising out of any investigation of the books, accounts, practices and activities or appraisal of the property of a public utility, power district or sewerage system, the commission shall make an express finding of necessity of the investigation or appraisal and of its intention to assess the costs of the proceeding.

(b) Notice of the commission's finding of necessity, its intention to assess costs, and the duty to pay "the expenses reasonably attributable" to the scheduled investigation or appraisal shall be served on the affected utility, power district or sewerage system.

(2)   Billing.

(a) The commission shall determine the expenses reasonably attributable to the specific investigation, appraisal, or rendition of services and mail a bill to the public utility, power district or sewerage system. The bill may be mailed during the progress of the investigation, appraisal, or rendition of services or at its conclusion and shall constitute notice of the assessment and demand for its payment.

(b) The commission shall render monthly statements to utilities, power districts, and sewerage systems itemizing the names of commission employees engaged in billable work, the hours expended, the hourly rates and the total amount of charges.

(3)   Division of expenses in joint proceedings. In a joint investigation or where the charges in one investigation are to be divided between two or more public utilities, power districts or sewerage systems, the charges shall be assessed, unless otherwise ordered, in proportion to their respective gross intrastate operating revenues for the preceding calendar year.

(4)   Limit to direct charges.

(a) Charges directly assessed to a public utility, power district or sewerage system under ss. 196.85 (1) and 184.10 (3) , Stats., shall not exceed four-fifths of one per cent of its gross operating revenues derived from intrastate operations in the last preceding calendar year.

(b) The limitation of par. (a) may not include or apply to charges against municipalities under s. 196.855 , Stats.

(5)   Period for payment. Direct assessments shall be paid within 30 days after the bill is mailed to each public utility, power district or sewerage system.

(6)   Collection procedure. Direct assessments not paid within 30 days after mailing shall be collected according to the provisions of s. 196.85 (3) , Stats. Objection to an assessment shall be made within 30 days after mailing according to the provisions of s. 196.85 (4) (a) , Stats.

History: Cr. Register, August, 1982, No. 320 , eff. 9-1-82; am. (1) (a), Register, September, 1983, No. 333 , eff. 10-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501 .