1. (1) Notice to commission and contract requirements.

   1. (a) The energy utilities shall notify the commission in writing of their intent to sign a collective contract for statewide programs with a program administrator and shall submit a copy of the proposed contract to the commission for its approval.

   2. (b) The contract shall include the following:

      1. 1. A requirement that the statewide programs shall comply with the policies and goals issued by the commission.
      2. 2. A requirement that the statewide programs shall comply with s. PSC 137.05.
      3. 3. Performance indicators and minimum performance standards.
      4. 4. Any other provision the commission may require.

2. (2) Commission approval of contract.

   1. (a) The commission shall, in writing and within 40 working days after receiving the energy utilities’ notice under sub. (1), approve, approve with modifications, or reject a proposed contract.
   2. (b) Upon receiving notice from the commission that it has approved a statewide program contract, the energy utilities shall sign the contract with a program administrator.
   3. (c) Upon receiving notice from the commission that it has approved with modifications a statewide program contract, the energy utilities may sign a modified contract with a program administrator.
3. (3) Right to protest. If the energy utilities dispute the commission’s modification or rejection of a proposed contract under sub. (2) they may protest to the commission. The energy utilities shall serve such a protest in writing on the division administrator within 10 working days of the receipt of the commission’s rejection or modification of a proposed contract. The division administrator may settle and resolve any protest brought under this subsection. If the protest is not resolved by mutual agreement, the division administrator shall issue a written decision to the energy utilities.
4. (4) Appeal. The energy utilities may, within 20 working days after the division administrator issues a decision under sub. (3), appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.
5. (5) Contract status. The energy utilities may not sign a contract for statewide programs while the commission is reviewing the energy utilities’ proposed contract under sub. (2) or while a protest or appeal is pending under sub. (3) or (4). The commission may void any contract for statewide programs that the energy utilities sign during these periods.

History

History: CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07.