Complaint of failure to comply with chapter--Decision by commission

A dairy producer or utility may file a complaint with the commission claiming that there has been a failure to comply with this chapter. The commission has exclusive, initial jurisdiction to determine: (1) Whether the dairy producer has provided the requisite notice to the electric utility; (2) Whether the dairy producer has cooperated with the electric utility to allow the utility to complete measuring and testing; (3) Whether a utility has complied with the commission rules regarding measurement of stray current or voltage; (4) Whether the utility's measurements demonstrated stray current or voltage at or above the preventive action level; (5) Whether the utility has properly identified that portion of the stray current or voltage at cow contact points attributable to the utility's distribution system; and (6) Whether the utility has complied with its remediation obligation under this chapter. After opportunity for hearing, the commission shall issue a decision finding whether this chapter has been complied with or not. If one or more provisions of this chapter have not been complied with, the commission shall order compliance within a period of time prescribed by the commission. The commission shall assess its costs associated with the complaint equally between the dairy producer and the utility. Source: SL 2015, ch 237 , § 4.