Section 6.03. Occasion for assessment of expenditures.

  Expenditures of the commission are assessable against a holding company, or a nonutility affiliate, or both, in a holding company system whenever commission expenditures have been incurred because of any increase in regulation of a public utility affiliate, where such expenditures have been reasonably required in order for the commission to implement and enforce s. 196.795 , Stats. Such assessable expenditures include, but are not limited to, expenditures incurred by the commission in carrying out the following regulatory duties:

(1)  Granting or denying a certificate of approval to form a holding company;

(2)  Holding a hearing concerning an application for a certificate of approval to form a holding company;

(3)  The modification or addition of any term, limitation or condition of a certificate of approval to form a holding company;

(4)  Determining whether a takeover of a holding company as set forth in s. 196.795 (3) , Stats., is in the best interests of utility consumers, investors and the public;

(5)  Making determinations regarding capital impairment of public utility affiliates in holding company systems;

(6)  Examination of books, records, documents and other information relating to a holding company system;

(7)  Conducting any litigation related to the protection of a holding company system's business information from public disclosure;

(8)  Monitoring and enforcing s. 196.795 (5) , (c) , (d) , (dm) , (dr) , (f) , (g) and (h) , Stats.;

(9)  Considering and determining, in a rate proceeding, attributions of tax and other benefits or liabilities pursuant to s. 196.795 (5) (i) , Stats.;

(10)  Regulating holding company system real estate transactions between public utility affiliates and holding companies or between public utility affiliates and nonutility affiliates in a holding company system, including leases;

(11)  Approving or disapproving the termination of the interest of a holding company system in a public utility affiliate;

(12)  Regulating advertising pursuant to s. 196.795 (5) (n) , Stats.;

(13)  Determining compliance with and enforcement of s. 196.795 (6m) (b) , Stats., including the costs of determining the assets of each nonutility affiliate;

(14)  Investigating and making determinations regarding the selling at retail, leasing, installing, maintaining or servicing of appliances pursuant to s. 196.795 (5) (g) , Stats.;

(15)  Investigating, and approving or disapproving, the use by nonutility affiliates of the services of employes of public utility affiliates pursuant to s. 196.795 (5) (r) , Stats.;

(16)  Regulating property contracts or arrangements between public utility affiliates and nonutility affiliates pursuant to s. 196.795 (5) (s) , Stats.;

(17)  Administering the reporting requirements set forth in s. 196.795 (6) , Stats.;

(18)  Conducting commission investigations into the impact of the operation of every holding company system on every public utility affiliate in the holding company system as set forth in s. 196.795 (7) , Stats.;

(19)  Conducting hearings and investigations to determine if any practice of a holding company system violates any provisions of s. 196.795 (5) (b) to (s) , Stats., or any limitation, term or condition of the certificate of approval to form a holding company, all pursuant to s. 196.795 (7) (b) , Stats.;

(20)  Conducting all litigation arising out of any order of the commission directing a holding company system to modify or cease a practice which violates any provision of s. 196.795 (5) (b) to (s) , Stats., or any limitation, term or condition of its certificate of approval to form a holding company;

(21)  Conducting any investigation and hearing regarding the necessity of ordering a holding company to terminate its interest in a public utility affiliate under s. 196.795 (7) (c) , Stats., and any litigation associated therewith;

(22)  Conducting any intervention by the commission in any proceeding which involves an application of or issue related to s. 196.795 , Stats., pursuant to its authority to intervene under s. 196.795 (10) , Stats.;

(23)  Providing assistance, monitoring and advocacy in protecting small business interests under s. 196.795 , Stats., in any action or proceedings before the commission, pursuant to s. 196.795 (10m) , Stats.;

(24)  Conducting any other litigation arising out of the performance of the commission's regulatory duties with respect to the implementation and enforcement of s. 196.795 , Stats.;

(25)  Ascertaining and collecting payment of the commission's holding company regulation costs under s. 196.84 , Stats.;

(26)  Determining future investment terms, limitations or conditions on holding companies formed prior to November 28, 1985, pursuant to s. 196.795 (11) (b) , Stats.;

(27)  All other costs and expenses reasonably required in order for the commission to implement and enforce s. 196.795 , Stats.

History: Cr. Register, November, 1986, No. 371 , eff. 12-1-86 ; correction in (13) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616 .