MUNICIPAL UTILITY*
LAW UPDATE
*Electric and Telco Utilities
Anita T. Gallucci,
Partner
608.283.1770
[email protected]
Municipal
Electric Update
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Wisconsin’s MEUs
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82 municipally owned electric systems
Smallest – Merrillan (427 customers)
Largest – Manitowoc (17,785 customers)
Youngest – Centuria (1946)
Oldest – New Richmond (1890)
WI, one of 5 states, to fully regulate
MEUs
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Territorial Disputes
• St. Croix Coop vs New Richmond,
5195-EI-100 (1/17/13).
– Issue: premises or 500 ft rule?
– Answer: 500 ft rule.
– Issue: Can abandoned,
inoperable distribution line be
starting point for 500 ft rule?
– Answer: Yes, as long as it still
exists and was once used to
provide service.
Applicable Statute: § 196.495
Wis. Admin. Code: § PSC 112.08
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Municipal Utility Customer
Privacy Law
• 2013 Wis. Act 25, eff. 7/7/13 (amended by 2013 Wis. Act 47)
• Municipal Customer Information no longer subject to Open Records
Law. Can’t be disclosed without customer consent.
• Exceptions include:
– Entity utility hires to perform a service
– ATC or distribution utilities and operators within whose geographic
service territory the customer is located
– PSC or anyone who PSC authorizes
– Any person otherwise authorized by law
– Participants in real estate closings and foreclosures
– Landlords or their agents -- municipal securities issuances
Municipal CLEC
Update
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Municipal CLECs/ATUs
 26 “Active” Muni CLECs
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Reedsburg & Sun Prairie became CLECs on
1/29/2000
Reedsburg -- provides “triple play” via FTTH
(1 gig symmetrical)
Sun Prairie is considering a FTTH project
Others provide dark fiber leasing services or
wireless broadband
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Shawano Declaratory Ruling
(5350-DR-100, eff. 8/14/2012)
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Applicability of § 66.0817 to Shawano’s sale of assets used to
provide video, VoIP, and Internet services.
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Under § 66.0817, the sale or lease of a “complete public utility
plant,” requires (a) PSC approval of transaction and (b) approval
by public referendum
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Issue: Does statute apply if municipality sells all of its assets used
to provide the triple play, but excludes assets used solely to
provide VoIP services.
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Answer: No, because the facilities sought to be sold did not
constitute a “complete public utility plant.”
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Impact of Deregulation on Muni CLECs
 § 66.0422 unchanged as to process for
authorizing construction of broadband facility
 § 66.0817 unchanged as to process for selling
complete muni telco plant
 § 196.204 unchanged as to pricing of voice
services
 § 196.06 as to PSC accounting rules no longer
apply
 No need for CLEC status under § 196.203 to
provide data or info services
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QUESTIONS