Wisconsin Statutes
Wis. Stat. § 196.28 (2026)
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✓ current as of July 2026
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196.28(1)(1) If the commission believes that any rate or charge is unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any public utility should for any reason be made, the commission on its own motion summarily may investigate with or without notice.
196.28(2)(2) If, after an investigation under sub. (1), the commission determines that sufficient grounds exist to warrant a hearing on the matters investigated, the commission shall set a time and place for a hearing. A hearing under this section shall be conducted as a hearing under s. 196.26.
196.28(3)(3) Notice of the time and place for a hearing under sub. (2) shall be given to the public utility and to such other interested persons as the commission considers necessary. After the notice has been given, proceedings shall be had and conducted in reference to the matter investigated as if a complaint specified in s. 196.26 (1) (a) had been filed with the commission relative to the matter investigated. The same order or orders may be made in reference to the matter as if the investigation had been made on complaint under s. 196.26.
196.28(4)(4) This section does not apply to rates, tolls or charges of a telecommunications cooperative, an unincorporated telecommunications cooperative association, or a small telecommunications utility except as provided in s. 196.205.
196.28 HistoryHistory: 1977 c. 29 s. 1654 (10) (c); 1983 a. 53 ss. 39, 41; 1989 a. 344; 1993 a. 496; 1997 a. 218, 229; 1999 a. 32; 2001 a. 16; 2005 a. 441; 2011 a. 22.
196.28 AnnotationThe PSC’s decision not to investigate under ss. 196.28 and 196.29 [now s. 196.28 (2) and (3)] was a nonreviewable, discretionary determination. Reviewable decisions are defined. Wisconsin Environmental Decade, Inc. v. PSC, 93 Wis. 2d 650, 287 N.W.2d 737 (1980).
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1939–2025 · leading case: Wisconsin Tel. Co. v. Pub. Serv. Comm'n, 287 N.W. 593 (Wis. 1939).
Wisconsin Tel. Co. v. Pub. Serv. Comm'n, 287 N.W. 593 (Wis. 1939). “1’ Sec. 196.28, Stats., provides: “Whenever the commission shall believe that any rate or charge may be unreasonable or unjustly discriminatory .”
Soo Line R.R. v. Dep't of Transp., 303 N.W.2d 626 (Wis. 1981). “1 Sec. 196.28, Stats. 1976, provides: “196.”
Wisconsin's Env't Decade, Inc. v. Pub. Serv. Comm'n, 313 N.W.2d 863 (Wis. Ct. App. 1981). “See §§ 196.28 and 196.29, Stats. Interested parties may also request the PSC to conduct further investigation into proposed rate changes.”
Midwest Renewable Energy Ass'n v. Pub. Serv. Comm'n of Wisconsin, 2024 WI App 34 (Wis. Ct. App. 2024). “§ 196.28(1), which provides: “If the commission believes … that an investigation of any matter relating to any public utility should for any reason be made, the commission on its own motion summarily may investigate[.”
Jay Stone v. Wisconsin Elections Comm'n (Wis. Ct. App. 2025). “§ 196.28 (1977-78)). Our supreme court concluded that the PSC’s decision “not to investigate this complaint against these utilities … is a nonreviewable, discretionary determination.”
Wis. Stat. § 196.28(1): 1 case
Midwest Renewable Energy Ass'n v. Pub. Serv. Comm'n of Wisconsin, 2024 WI App 34 (Wis. Ct. App. 2024). “§ 196.28(1), which provides: “If the commission believes … that an investigation of any matter relating to any public utility should for any reason be made, the commission on its own motion summarily may investigate[.”
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