196.43 Injunction procedure.
(1) No injunction may be issued in any proceeding for review under ch. 227 of an order of the commission, suspending or staying the order except upon application to the circuit court or presiding judge thereof, notice to the commission and any other party, and hearing. No injunction which delays or prevents an order of the commission from becoming effective may be issued in any other proceeding or action in any court unless the parties to the proceeding before the commission in which the order was made are also parties to the proceeding or action before the court.
(2) No injunction may be issued in any proceeding for review under ch. 227, or in any other proceeding or action, suspending or staying any order of the commission or having the effect of delaying or preventing any order of the commission from becoming effective, unless at least 2 sureties enter into an undertaking on behalf of the petitioner or plaintiff. The court or presiding judge of the court shall direct that the sum of the undertaking be enough to effect payment of any damage which the opposite party may sustain by the delay or prevention of the order of the commission from becoming effective, and to such further effect as the judge or court in its discretion directs. No order or judgment in any proceeding or action may be stayed upon appellate court review unless the petitioner or plaintiff enters into the undertaking under this subsection in addition to any undertaking required under s. 808.07.
(3) No injunction may be issued in any proceeding for review under ch. 227 of an order of the commission under s. 196.199 (3) (a) 2., suspending or staying the order, unless the court finds that the person seeking review of the order is likely to succeed on the merits and suffer irreparable harm without the suspension or stay and that the suspension or stay is in the public interest.
History: Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1977 c. 187 s. 135; 1983 a. 53; 1997 a. 218.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 196 - Regulation of public utilities.
196.012 - Interstate commerce.
196.015 - Total service long-run incremental cost.
196.016 - Relationship to certain federal telecommunications law.
196.025 - Duties of the commission.
196.027 - Environmental trust financing.
196.029 - Energy administration.
196.03 - Utility charges and service; reasonable and adequate.
196.05 - Public utility property; valuation; revaluation.
196.06 - Uniform accounting; forms; books; office.
196.07 - Balance sheet filed annually.
196.08 - Audit and inspection.
196.10 - Construction; accounting.
196.11 - Profit sharing and sliding scales.
196.12 - Report by public utilities; items.
196.135 - Confidential handling of records.
196.137 - Municipal utility customer information.
196.14 - Public record exception.
196.15 - Units of product or service.
196.16 - Standard measurements; accurate appliances.
196.17 - Tests of meters; fees.
196.171 - Examination of meters, pipes, fittings, wires and works; entering buildings for.
196.175 - Construction and occupancy standards.
196.19 - Publish schedules; regulations; files; joint rates.
196.191 - Telecommunications utility and alternative telecommunications utility tariffs.
196.192 - Market-based compensation, rates and contracts.
196.193 - Water and sewer rate increases without hearings.
196.194 - Gas utility individual contracts.
196.195 - Alternative telecommunications regulation plans.
196.197 - Unbundled network elements.
196.198 - Local measured telecommunications service.
196.199 - Interconnection agreements.
196.20 - Rules on service; changes in rates.
196.201 - Regulation of private shared telecommunications systems.
196.202 - Exemption of commercial mobile radio service providers.
196.203 - Exemption of alternative telecommunications utilities.
196.204 - Local government telecommunications utilities.
196.205 - Election of rate regulation.
196.206 - Interconnected voice over Internet protocol service.
196.207 - Telephone caller identification services.
196.208 - Telecommunications pay-per-call and toll-free services.
196.212 - Switched access rates.
196.216 - Small telecommunications utilities as small businesses.
196.218 - Universal service fund.
196.219 - Protection of telecommunications consumers.
196.22 - Discrimination forbidden.
196.23 - Utility service for victims of misappropriated identifying information.
196.24 - Agents of commission; powers.
196.26 - Complaint by consumers; hearing; notice; order; costs.
196.28 - Summary investigations.
196.30 - Utilities may complain.
196.31 - Intervenor financing.
196.315 - Consumer advocate funding.
196.32 - Witness fees and mileage.
196.36 - Transcripts and tapes.
196.37 - Lawful rates; reasonable service.
196.371 - Rate-making principles for electric generation facilities.
196.372 - Financial assistance for lead-containing customer-side water service lines.
196.373 - Water heater thermostat settings.
196.374 - Energy efficiency and renewable resource programs.
196.375 - Adequate service; reasonable rates.
196.377 - Renewable energy sources.
196.378 - Renewable resources.
196.39 - Change, amendment and rescission of orders; reopening cases.
196.395 - Test, conditional, emergency and supplemental orders; order conditions.
196.40 - Orders and determinations; time of taking effect.
196.43 - Injunction procedure.
196.48 - Incriminating evidence.
196.485 - Transmission system requirements.
196.487 - Reliability of electric service.
196.494 - Regional transmission planning.
196.495 - Avoidance of duplication in electric facilities.
196.496 - Distributed generation facilities.
196.499 - Regulation of telecommunications carriers.
196.503 - Telecommunications provider of last-resort obligations.
196.504 - Broadband expansion grant program; Broadband Forward! community certification.
196.5045 - Telecommuter Forward! certification.
196.505 - Construction of chapter.
196.51 - Prior permits and franchises validated.
196.53 - Franchise, foreign corporation not to have.
196.54 - Indeterminate permits.
196.58 - Municipality to regulate utilities; appeal.
196.59 - Merchandising by utilities.
196.595 - Utility advertising practices.
196.60 - Discrimination prohibited; penalty.
196.604 - Rebates, concessions and discriminations unlawful.
196.605 - Telecommunications cooperatives with federal loans.
196.61 - Facilities in exchange for compensation prohibited.
196.625 - Discrimination by telecommunications utilities.
196.63 - Telecommunications interruption in crisis situation.
196.635 - Unbilled utility service.
196.64 - Public utilities, liability for treble damages.
196.642 - Customer liability for treble damages.
196.643 - Public utility service to rental dwelling unit.
196.65 - Penalties relating to information and records.
196.66 - General forfeiture provisions.
196.665 - Unlawful combinations, trusts.
196.68 - Municipal officers, malfeasance.
196.69 - Interference with commission's equipment.
196.70 - Temporary alteration or suspension of rates.
196.71 - Municipal public utility contracts.
196.72 - Accidents; public utility report; investigation.
196.74 - Electric lines; safety and interference.
196.745 - Construction and operation; safety; commission orders.
196.76 - Other rights of action; penalties cumulative.
196.78 - Voluntary dissolution.
196.79 - Reorganization subject to commission approval.
196.795 - Public utility holding companies.
196.796 - Real estate activities.
196.80 - Consolidation or merger of utilities.
196.807 - Energy affiliate and utility employees.
196.81 - Abandonment; commission approval required.
196.84 - Commission's holding company and nonutility affiliate regulation costs.
196.85 - Payment of commission's expenditures.
196.855 - Assessment of costs against municipalities.
196.857 - Stray voltage program.
196.858 - Assessment for telephone relay service.
196.859 - Assessment for telecommunications utility trade practices.
196.86 - Assessments for air quality improvement program.