Section 6.04. Entities subject to assessment.

  Direct or remainder assessments for holding company regulation costs shall be made against:

(1)  Holding companies;

(2)  Nonutility affiliates;

(3)  Public utilities prior to their becoming public utility affiliates, in circumstances where there does not exist a holding company or a nonutility affiliate against which to assess the commission's holding company regulation costs. Examples of such situations include a person who has applied for but has not yet been granted a certificate of approval to form a holding company; a person who has applied for and has been denied a certificate of approval to form a holding company; and a holding company or nonutility affiliate which has insufficient resources with which to pay the commission's holding company regulation costs. In the event a public utility pays these holding company regulation costs, said costs are not to be recouped by the utility through the rates which it charges consumers.

(4)  Except as provided in sub. (3) , assessments for the commission's holding company regulation costs may not be made directly or indirectly against any public utility affiliate.

History: Cr. Register, November, 1986, No. 371 , eff. 12-1-86.