Settlements. — Wisconsin Code § 196.026

§ 196.026. Settlements.

196.026(1) (1) All parties to dockets before the commission are encouraged to enter into settlements when possible. 196.026(2) (2) In this section, “docket” means an investigation, proceeding, or other matter opened by a vote of the commission, except for rule making. 196.026(3) (3) Parties to a docket may agree upon some or all of the facts. The agreement shall be evidenced by a written stipulation filed with the commission or entered upon the record. The stipulation shall be regarded and used as evidence in the docket. 196.026(4) (4) Parties to a docket may agree upon a resolution of some or all of the issues. When a written settlement agreement is proposed by some of the parties, those parties shall submit to the commission the settlement agreement and any documents, testimony, or exhibits, including record citations if there is a record, and any other matters those parties consider relevant to the proposed settlement and serve a copy of the settlement agreement upon all parties to the docket. 196.026(5) (5) If a proposed settlement agreement is not supported by all parties, the settling parties shall convene at least one conference with notice and opportunity to participate provided to all parties for the purpose of discussing the proposed settlement agreement. A nonsettling party may waive its right to the conference provided in this subsection. 196.026(6) (6) Within 30 days of service of a settlement agreement under sub. (4) , each party to the docket shall respond in writing by filing and serving on all parties the party’s agreement, objection, or nonobjection to the settlement agreement. Failure to respond in writing within 30 days of service, unless a different time is set by the commission for good cause, shall constitute nonobjection to the settlement agreement. A party objecting to a settlement agreement shall state all objections with particularity and shall specify how the party would be adversely affected by each provision of the settlement agreement to which the party objects. 196.026(7) (7) The commission may approve a settlement agreement under sub. (4) if all of following conditions are met: 196.026(7)(a) (a) All of the following have been given a reasonable opportunity to present evidence and arguments in opposition to the settlement agreement: 196.026(7)(a)1. 1. Each party that has filed an objection or nonobjection to the settlement agreement under sub. (6) . 196.026(7)(a)2. 2. Each party whose failure to respond in writing constitutes a nonobjection to the settlement agreement under sub. (6) . 196.026(7)(b) (b) The commission finds that the public interest is adequately represented by the parties who entered into the settlement agreement. 196.026(7)(c) (c) The commission finds that the settlement agreement represents a fair and reasonable resolution to the docket, is supported by substantial evidence on the record as a whole, and complies with applicable law, including that any rates resulting from the settlement agreement are just and reasonable. 196.026(7m) (7m) If a public utility’s fuel cost plan is contained in a settlement agreement, the commission may approve the fuel cost plan for the first year of a 2-year settlement agreement without holding a hearing. 196.026(8) (8) The commission may approve a settlement agreement under sub. (4) in whole or in part and with conditions deemed necessary by the commission. If the settlement agreement does not resolve all of the issues in the docket, the commission shall decide the remaining issues in accordance with applicable law and procedure. 196.026 History History: 2017 a. 136 ; 2021 a. 24 . 196.026 Annotation The legislature delegated to the Public Service Commission (PSC) the authority to weigh discretionary factors in the manner in which PSC applies and enforces sub. (7) (c) and s. 196.03 (1) without requiring PSC to go through the rulemaking process. In this case, PSC’s decision involved approving a public utility’s fixed rates pursuant to sub. (7) (c) and s. 196.03 (1), neither of which required rates to be fixed or approved by rule. Accordingly, PSC’s ratemaking decisions were not rules under s. 227.01 (13) (n) and, therefore, were not subject to the rulemaking process outlined in ch. 227. Sierra Club v. PSC, 2024 WI App 52 , 413 Wis. 2d 616 , 12 N.W.3d 854 , 22-1968 .