1. (1) Application review.

   1. (a) Upon receipt of a complete application under s. PSC 184.04, the commission shall issue a notice of investigation or notice of proceeding.
   2. (b) The commission may approve or deny an application in whole or in part, and may modify or condition the authorization as the public convenience and necessity may require.
2. (2) Time for review. Unless the application requires the preparation of an environmental assessment under s. PSC 4.10 (2), if no action is taken by the commission within 90 days after the commission issues a notice of investigation under sub. (1) (a), the utility may proceed with the construction work. If the commission requests additional information to process an application after issuing a notice of investigation, the 90-day waiting period before construction work may commence begins the date the additional information is received by the commission.

3. (3) Hearing. The commission is not required to hold a hearing on a utility application for a certificate unless any of the following apply:

   1. (a) A statute or rule otherwise requires a hearing.
   2. (b) The commission treats the application as a contested case, as defined in s. 227.01 (3), Stats.
   3. (c) The proposed project requires the preparation of an environmental impact statement under s. 1.11, Stats.
   4. (d) The commission determines a hearing is appropriate.

History

History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12.