Wisconsin Statutes
Wis. Stat. § 196.39 (2026)
Change, amendment and rescission of orders; reopening cases
✓ current as of July 2026
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196.39(1)(1) The commission at any time, upon notice to the public utility and after opportunity to be heard, may rescind, alter or amend any order fixing rates, tolls, charges or schedules, or any other order made by the commission, and may reopen any case following the issuance of an order in the case, for any reason.
196.39(3)(3) Any order rescinding, altering, amending or reopening a prior order shall have the same effect as an original order.
196.39(4)(4) Within 30 days after service of an order, the commission may correct an error or omission in the order related to transcription, typing or calculation without hearing if the correction does not alter the intended effect of the order.
196.39 AnnotationThe PSC cannot order a change in rates by order, without notice and hearing, on the ground that the order is only a clarification of an earlier order. Mid-Plains Telephone, Inc. v. PSC 56 Wis. 2d 780, 202 N.W.2d 907 (1973).
Notes of Decisions
Cited in 8
cases, 1939–2020 · leading case: City of Oak Creek Ex Rel. Water & Sewer Util. Comm'n v. Pub. Serv. Comm'n, 2006 WI App 83 (Wis. Ct. App. 2006).
City of Oak Creek Ex Rel. Water & Sewer Util. Comm'n v. Pub. Serv. Comm'n, 2006 WI App 83 (Wis. Ct. App. 2006). “§§ 196.39 and 196.37(2), [4] to amend and alter its orders of October 8, 1973, and December 28, 1994, to effectuate the request.”
Wisconsin Tel. Co. v. Pub. Serv. Comm'n, 287 N.W. 593 (Wis. 1939). “395 was added: Sec. 196.39, Stats., provides: “The commission may at any time, on its own motion or upon motion of an interested party, and upon notice to the public utility and after opportunity to be heard, rescind, alter or amend any order fixing rates, tolls, charges or…”
Mid-Plains Tel., Inc. v. Pub. Serv. Comm'n, 202 N.W.2d 907 (Wis. 1973). “, by its terms applies specifically to orders fixing rates, tolls, charges, or schedules, and confers upon the commission authority to rescind, alter, *787 or amend an order already made fixing rates, tolls, charges, etc. This is intended apparently to give the commission some…”
Cities & Villages of Algoma v. Pub. Serv. Comm'n, 283 N.W.2d 261 (Wis. Ct. App. 1978). “, or on reopening as authorized by sec. 196.39, Stats. And, as held in Friends of Earth , judicial review of the PSC’s action on the interim order may be had upon judicial review of the final order so as to protect the interests of the ratepayer.”
Superior Water, Light & Power Co. v. Pub. Serv. Comm'n, 288 N.W. 243 (Wis. 1939). “nds of the motion were, (1) that the commission had no- jurisdiction to- enter its order of January 28th during the pendency of the action by Green; (2) that no- evidence was presented at the hearing preceding the order of January 28th showing any necessity for reopening the…”
Town of Forest v. Pub. Serv. Comm'n of Wis., 926 N.W.2d 510 (Wis. Ct. App. 2019). “§ 196.39(1) (2015-16), 4 which states the PSC may "at any time, upon notice to the public utility and after opportunity to be heard, .”
Driftless Area Land Conservancy v. Huebner, Tyler (W.D. Wis. 2020). “) Indeed, Wis. Stat. § 196.39 provides that the Commission may even reopen a permit order “at any time” and “for any reason.”
Motor Transp. Co. v. Pub. Serv. Comm'n, 287 N.W. 727 (Wis. 1939). “(Sec. 196.39, Stats.) This conclusion leads to a consideration of the order of July 24, 1934.”
— Wis. Stat. § 196.39(1) — 2 cases
City of Oak Creek Ex Rel. Water & Sewer Util. Comm'n v. Pub. Serv. Comm'n, 2006 WI App 83 (Wis. Ct. App. 2006). “§§ 196.39 and 196.37(2), [4] to amend and alter its orders of October 8, 1973, and December 28, 1994, to effectuate the request.”
Town of Forest v. Pub. Serv. Comm'n of Wis., 926 N.W.2d 510 (Wis. Ct. App. 2019). “§ 196.39(1) (2015-16), 4 which states the PSC may "at any time, upon notice to the public utility and after opportunity to be heard, .”
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