Section 6.07. Billing and collection procedures.

 

(1)   Determination. The bill mailed by the commission shall constitute the commission's determination that the charges contained therein represent increases in the cost of regulating a public utility affiliate which are reasonably required in order for the commission to implement and enforce s. 196.795 , Stats.

(2)   Billing.

(a) Direct assessments.

1. The commission shall determine the expenses reasonably attributable to the specific holding company docket, holding company or nonutility affiliate, or both, and mail a bill to the holding company or nonutility affiliate, or both. The bill may be mailed during the progress of the holding company regulation activity, including consideration of an application for a certificate of approval to form a holding company, or at the conclusion of such activity. It shall constitute notice of the assessment and demand for payment.

2. The commission shall render monthly statements of said direct assessments to holding companies and nonutility affiliates, which statements itemize the names of commission employes engaged in holding company regulation work, the hours expended, the hourly rates and the total amount of charges.

(b) Remainder assessments.

1. The commission shall annually, within 90 days of the commencement of each fiscal year, ascertain the total of its holding company regulation expenditures during the prior fiscal year which were reasonably required in order for the commission to implement and enforce s. 196.795 , Stats. The commission shall deduct from this total all amounts directly assessable pursuant to s. PSC 6.05 to arrive at a remainder assessment.

2. For fiscal years 1985-1986, 1986-1987, and 1987-88, the commission shall assess to the holding companies and their nonutility affiliates and to those persons who applied for or were granted a certificate of approval to form a holding company but have not yet formed a holding company, a sum equal to the remainder, pursuant to the apportionment set forth in s. PSC 6.06 (2) .

3. Beginning with fiscal year 1988-89 and thereafter, the commission shall assess to the holding companies and their nonutility affiliates and those persons who applied for or were granted a certificate of approval to form a holding company but have not yet formed a holding company, a sum equal to the remainder plus 10% of that remainder. This shall constitute the "advance remainder assessment."

4. If, at the time of payment of the advance remainder assessment, the commissioner's prior fiscal year remainder expenditures exceeded the advance payments of a remainder assessment made by the holding companies, nonutility affiliates and persons for that fiscal year, the commission shall charge the difference to the holding companies, nonutility affiliates and persons in the proportion which the assets of each holding company system or person bear to the total assets which are held by all such holding company systems and persons. If, at the time of payment, it is determined that the commission's prior fiscal year remainder expenditures related to holding company regulation were less than the advance payments of a remainder assessment made for that prior fiscal year, the commission shall credit the difference to the current year's payment. The remainder assessment bill constitutes notice of the assessment and demand for payment.

(3)   Period for payment and objections.

(a) Direct assessments. The holding company or nonutility affiliate shall, within 30 days after the mailing of the bill for the direct assessment, pay to the commission the amount for which it is billed. Within 30 days after the date of the mailing of any direct assessment bill, the holding company or nonutility affiliate that has been billed may file with the commission objections setting out in detail the grounds upon which the objector regards the bill to be excessive, erroneous, unlawful or invalid. The procedure set forth in s. 196.85 (4) , Stats., shall be followed by the objector and the commission. If the commission overrules or disallows the objections, the bill must be paid within 10 days after notice of such overruling or disallowance.

(b) Remainder assessments.

1. Remainder assessments resulting from the regulation of public utility affiliates of holding companies shall be paid by holding companies and nonutility affiliates within 30 days after the bill for the remainder charges has been mailed to the holding companies and nonutility affiliates. The holding companies and nonutility affiliates shall have 30 days after the mailing of the bill containing the remainder charges to file objections, and the procedures set forth in s. 196.85 (4) , Stats., shall be followed.

2. Holding companies and nonutility affiliates shall not be required to pay a remainder assessment in advance until the fiscal year beginning July 1, 1988; this does not prohibit the commission from assessing holding companies, nonutility affiliates or person's remainder assessments covering commission expenditures made during the prior fiscal year and requiring payment of those remainder assessments within 30 days.

(c) Collection of direct and remainder assessments, including collections in the event of nonpayment, shall be made pursuant to the procedures set forth in s. 196.85 , Stats.

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