1. (1) How requested. The commission may open a docket at the written request of any person or on its own motion. A request to open a docket shall be in the form of an application or a complaint, whichever is specified in the statutes or rules for a particular matter, or, where neither an application nor a complaint is specified, in the form of a petition.

2. (2) Request requirements. A request to open a docket shall contain all of the following:

   1. (a) A statement of the issues presented.
   2. (b) A statement of the facts necessary to an understanding of the issues.
   3. (c) A statement of the reasons why the commission should open the docket, and the remedy which the person is seeking in the docket.
3. (3) Service requirement. If a request to open a docket alleges a violation by any named person of any statute, rule, or order enforced by the commission, the person filing the request shall serve a copy of the request upon the person named, in the manner provided in s. 801.11, Stats., for service of a summons.
4. (4) Responses. Any person may file a response to the request within 20 days of the date of service of the request. A person filing a response shall serve the response upon the person making the request.

5. (5) Determinations. Within 60 days from the date of receipt of a request to open a docket, a petition for rules, or a petition for a declaratory ruling, the commission shall either deny the request or petition, or open a docket. If the request or petition is denied, the commission shall promptly notify the person making the request or filing the petition of its decision, including a brief statement of the reasons for its decision.

   Note: The terms “complaint” and “application” are used in the statutes and other chapters of the administrative code. A person is expected to file a “petition” whenever neither a complaint nor an application is mentioned in the statute or rule authorizing the docket.

   It is not necessary to file a request to open a docket in order to seek information or assistance from the staff or in order to bring any matter to the commission’s attention. As provided in s. PSC 2.07, a person may request or the commission on its own motion may open an investigation, a proceeding, or another docket. The commission may decide to open a docket based upon information acquired from informal contacts with the commission.

History

History: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.