Section 201.03. Issue of securities.

 

(1)  No securities shall be issued by any public service corporation until it shall first have obtained from the commission, and recorded upon its books a certificate authorizing such issue; and the commission shall not authorize the issuance of securities for any purposes which are not proper corporate purposes, or in an amount greater than is reasonably necessary for such corporate purposes, having in view the immediate requirements of the corporation and its prospective requirements over a reasonable period in the future, and other relevant considerations.

(2)  All securities issued in violation of any of the provisions of this chapter shall be void.

1997 a. 140 s. 11 ; Stats. 1997 s. 200.03; 1999 a. 150 s. 653 ; Stats. 1999 s. 201.03. Cross-reference: See also ch. PSC 108 , Wis. adm. code. Securities valid when issued will not be voided by sub. (2) if the issuance has not been stayed. Wisconsin Electric Power Co. v. Bardwell, 71 Wis. 2d 718 , 239 N.W.2d 78 (1976). Sub. (1) does not violate the interstate commerce clause of the U. S. constitution. Alliant Energy Corporation v. Bie, 330 F.3d 904 (2003).