Wisconsin Statutes

Wis. Stat. § 196.02 (2026)

Commission’s powers

✓ current as of July 2026

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196.02196.02 Commission’s powers.

196.02(1)(1) Jurisdiction. The commission has jurisdiction to supervise and regulate every public utility in this state and to do all things necessary and convenient to its jurisdiction.

196.02(2)(2) Definition; classification. The commission shall provide for a comprehensive classification of service for each public utility. The classification may take into account the quantity used, the time when used, the purpose for which used, and any other reasonable consideration. Each public utility shall conform its schedules of rates, tolls and charges to such classification.

196.02(3)(3) Rules. The commission may adopt reasonable rules to govern its proceedings and to regulate the mode and manner of all inspections, tests, audits, investigations and hearings.

196.02(4)(4) Information required; stock holders.

196.02(4)(a)(a) The commission may inquire into the management of the business of all public utilities. The commission shall keep itself informed as to the manner and method in which the same is conducted. The commission may obtain from any public utility any information necessary to enable the commission to perform its duties.

196.02(4)(b)(b) Each public utility shall furnish to the commission, in such form and at such times as the commission requires, the following information respecting the identity of the holders of its voting capital stock in order to enable the commission to determine whether the holders constitute an affiliated interest within the meaning of this chapter:

196.02(4)(b)1.1. The names of each holder of one percent or more of the voting capital stock of the public utility.

196.02(4)(b)2.2. The nature of the property right or other legal or equitable interest which the holder has in the stock.

196.02(4)(b)3.3. Any other similarly relevant information which the commission prescribes and directs.

196.02(4)(c)(c) If any public utility fails to furnish the commission with information required of it by the commission, the commission may issue an order directing the delinquent public utility to furnish the information immediately or to show good cause why the information cannot be obtained. Failure of any public utility to comply with the order of the commission is a violation of this chapter within the meaning of s. 196.66.

196.02(5)(5) Inspect books. The commission, the chairperson of the commission, or any commissioner or any person employed by the commission for that purpose may, upon demand, inspect the books, accounts, papers, records and memoranda of any public utility, and examine under oath any officer, agent or employee of the public utility in relation to its business and affairs. Any person, other than the chairperson or one of the commissioners, who makes a demand shall produce his or her authority to make the inspection.

196.02(5m)(5m) Property inspections. The commission may inspect property for the purpose of obtaining any information related to the preparation or review of an application for a certificate under s. 196.49 or 196.491 (3), including any information necessary to evaluate any environmental features or effects that are relevant to such an application.

196.02(6)(6) Production of records. The commission may require, by order or subpoena served on any public utility as a summons is served in circuit court, the production within this state at the time and place the commission designates of any books, accounts, papers or records kept by the public utility outside the state, or verified copies in lieu thereof, if the commission orders. If a public utility fails or refuses to comply with the order or subpoena, for each day of the failure or refusal the public utility shall forfeit not less than $50 nor more than $500.

196.02(7)(7) Commission initiative. In any matter within its jurisdiction, including, but not limited to, chs. 197 and 201 and this chapter, the commission may initiate, investigate, and order a hearing at its discretion upon such notice as it deems proper. The commission may use personal delivery, mail, electronic mail, or any other reasonable method to provide notice, including notice for a contested case hearing, notwithstanding s. 227.44 (1).

196.02(8)(8) Employ counsel. The commission may employ counsel in any proceeding, investigation, hearing or trial had by it or in which it is a party, and the expenses thereby incurred shall be charged to the commission’s appropriation.

196.02(9)(9) Technicalities disregarded. Substantial compliance with the requirements of the statutes shall be sufficient to make effective any rule, regulation, order or action of the commission. No rule, regulation, order or action of the commission is invalid for any omission of a technical nature.

196.02(10)(10) Commission notices; certifications. Any notice of investigation or hearing or certification to a copy of a record of the commission may be issued or certified by any member of the commission or by its secretary or assistant secretary.

196.02(12)(12) Sue; be sued. The commission may sue and be sued in its own name, and may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.

196.02 HistoryHistory: 1977 c. 29 ss. 1329, 1331, 1333, 1352; 1977 c. 418; 1981 c. 148; 1983 a. 27, 53; 1985 a. 297; 1987 a. 403; 1989 a. 344; 1993 a. 496; 1997 a. 140; 1999 a. 150; 2003 a. 89; 2005 a. 441; 2011 a. 22, 155; 2015 a. 55.

196.02 Cross-referenceCross-reference: See also PSC, Wis. adm. code.

196.02 AnnotationThe PSC has authority to order a utility to refund compensation collected in violation of its filed tariffs. GTE North Inc. v. PSC 176 Wis. 2d 559, 500 N.W.2d 284 (1993).

196.02 AnnotationPublic service commission ordered rebates for inadequate service. 1976 WLR 584.

Notes of Decisions

Cited in 28 cases (4 in the last 5 years), 1938–2026 · leading case: Clean Wisconsin, Inc. v. Pub. Serv. Comm'n, 2005 WI 93 (Wis. 2005).

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Clean Wisconsin, Inc. v. Pub. Serv. Comm'n, 2005 WI 93 (Wis. 2005). · cites it 8× “Further, there can be no doubt the decision to issue a CPCN for a specific plant at a specific location calls for the PSC to utilize its expertise and make a variety of factual findings.”

Clean Wisconsin, Inc. v. Pub. Serv. Comm'n of Wisconsin, 2005 WI 93 (Wis. 2005). · cites it 4× “Further, there can be no doubt the decision to issue a CPCN for a specific plant at a specific location calls for the PSC to utilize its expertise and make a variety of factual findings.”

Racine Harley-Davidson, Inc. v. State Div. of Hearings & Appeals, 2006 WI 86 (Wis. 2006). · cites it 2× “2d 768 ( Wis. Stat. § 196.02 (2001-02)); West Bend Educ.”

Scott N. Waller v. Am. Transmission Co., LLC, 2013 WI 77 (Wis. 2013). · cites it 4× “491 (3) (requiring the PSC to issue a certificate of public convenience and necessity before the construction of a "facility" like a 4 The Wallers used their property to raise chickens and turkeys and pasture sheep.”

Wisconsin Power & Light Co. v. Pub. Serv. Comm'n, 511 N.W.2d 291 (Wis. 1994). · cites it 4× “[4] Section 196.02(5), stats., provides as follows: (5) INSPECT BOOKS.”

Wisconsin Indus. Energy Grp., Inc. v. Pub. Serv. Comm'n, 2012 WI 89 (Wis. 2012). · cites it 3× “The legislature has also authorized the PSC to "adopt reasonable rules to govern its proceedings and to regulate the mode and manner of all inspections, tests, audits, investigations and hearings." § 196.”

State ex rel. Wisconsin Dev. Auth. v. Dammann, 280 N.W. 698 (Wis. 1938). · cites it 4× “The public service commission is hereby authorized to gather such information under section 196.02. The governor may direct that assistance and advice be given said corporation in the performance of its duties and functions under section 199.”

Wisconsin Realtors Ass'n v. Pub. Serv. Comm'n of Wisconsin, 2015 WI 63 (Wis. 2015). · cites it 4× “378(4g)(b) provides in full as follows: 6 Wis. Stat. § 196.02 (1) 7 See 2009 Wis. Act 40, § 12.”

Responsible Use of Rural & Agric. Land v. Pub. Serv. Comm'n, 2000 WI 129 (Wis. 2000). · cites it 2× “Consequently, using its authority under Wis. Stat. §§ 196.02 (1), (3), 227.11, and 227.”

Madison Gas & Elec. Co. v. Pub. Serv. Comm'n, 325 N.W.2d 339 (Wis. 1982). · cites it 2× “The second issue on review is whether the PSC can, absent a determination that a utility’s excess generating capacity was imprudently acquired or not used or useful to ratepayers, shift part of the cost of maintaining the excess from ratepayers to utility shareholders.”

MCI Telecomm. Corp. v. State, 562 N.W.2d 594 (Wis. 1997). · cites it 2× “However, as authorized by Wis. Stat. § 196.02 (12), the PSC does participate in some activities involving nationwide utility issues.”

GTE North Inc. v. Pub. Serv. Comm'n, 500 N.W.2d 284 (Wis. 1993). “In addition, GTE asserts that sec. 196.02(1), Stats., cannot be used to confer on the PSC the authority to order a refund because its general plenary language is restricted by the more specific language of sec.”

Show all 28 citing cases →

— Wis. Stat. § 196.02(1) — 13 cases

Madison Gas & Elec. Co. v. Pub. Serv. Comm'n, 325 N.W.2d 339 (Wis. 1982). “The second issue on review is whether the PSC can, absent a determination that a utility’s excess generating capacity was imprudently acquired or not used or useful to ratepayers, shift part of the cost of maintaining the excess from ratepayers to utility shareholders.”

N. States Power Co. v. Nat'l Gas Co., 2000 WI App 30 (Wis. Ct. App. 1999).

State v. Wisconsin Tel. Co., 284 N.W.2d 41 (Wis. 1979).

Wisconsin Power & Light Co. v. Pub. Serv. Comm'n, 437 N.W.2d 888 (Wis. Ct. App. 1989).

— Wis. Stat. § 196.02(12) — 3 cases

MCI Telecomm. Corp. v. State, 553 N.W.2d 284 (Wis. Ct. App. 1996).

State Pub. Serv. Comm'n v. Wisconsin Bell, Inc., 566 N.W.2d 496 (Wis. Ct. App. 1997).

Wisconsin Cent. Ltd. v. Pub. Serv. Comm'n of Wisconsin, 95 F.3d 1359 (7th Cir. 1996).

— Wis. Stat. § 196.02(3) — 1 case

Wisconsin Indus. Energy Grp., Inc. v. Pub. Serv. Comm'n, 2012 WI 89 (Wis. 2012). “The legislature has also authorized the PSC to "adopt reasonable rules to govern its proceedings and to regulate the mode and manner of all inspections, tests, audits, investigations and hearings." § 196.”

— Wis. Stat. § 196.02(5) — 1 case

Wisconsin Power & Light Co. v. Pub. Serv. Comm'n, 511 N.W.2d 291 (Wis. 1994). “[4] Section 196.02(5), stats., provides as follows: (5) INSPECT BOOKS.”

— Wis. Stat. § 196.02(7) — 1 case

Eric Dunst v. Pub. Serv. Comm'n of Wisconsin (Wis. Ct. App. 2026).

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