AB389-AA10,9,1514 c. Use in this state any type of marketing identification that resembles a type
15used by a public utility or out-of-state utility.
AB389-AA10,9,1716 d. Provide any information about its customers in this state to a public utility
17or out-of-state utility.
AB389-AA10,9,2018 e. Participate with a public utility or out-of-state utility in any marketing
19activity in this state, including advertising, sales calls, proposals to existing or
20potential customers or trade shows, conferences or similar events.
AB389-AA10,9,2321 2. A public utility may not provide an affiliated interest with advertising or
22promotional space on any form of communication, including a bill envelope, to a
23customer or potential customer of the public utility.
AB389-AA10,10,3
1(d) Nondiscrimination. 1. A public utility may not treat its customers who are
2also customers of an affiliated interest any differently than the public utility treats
3its customers who are not also customers of an affiliated interest.
AB389-AA10,10,74 2. An affiliated interest may not treat its customers in this state who are also
5customers of a public utility or out-of-state utility with which the affiliated interest
6is affiliated any differently than the affiliated interest treats its customers who are
7not customers of the public utility or out-of-state utility.
AB389-AA10,10,118 (e) Providing certain information to customers. Except as directed by the
9commission, a public utility may not provide its customers with any information
10about persons who provide heating, ventilating, air conditioning, plumbing or
11electrical services or who sell, lease or repair appliances.
AB389-AA10,10,1612 (f) Applicability. 1. In this paragraph, "plan approval date" means the date on
13which the commission approves or modifies a plan submitted by a public utility
14under subd. 2., except that if the commission fails to approve or modify a plan within
15the deadline specified under subd. 2., "plan approval date" means the first day of the
166th month beginning after the date on which the plan is received by the commission.
AB389-AA10,10,2217 2. No later than the first day of the 6th month beginning after the effective date
18of this subdivision .... [revisor inserts date], a public utility may submit a plan to the
19commission that describes the actions necessary for the public utility and its
20affiliated interests to comply with pars. (a) to (e). No later than the first day of the
216th month beginning after the date on which a plan under this subdivision is received
22by the commission, the commission shall approve or modify the plan.
AB389-AA10,11,323 3. Paragraphs (a) to (e) first apply to a public utility on the first day of the 6th
24month beginning after the effective date of this subdivision .... [revisor inserts date],
25except that if a public utility submits a plan to the commission under subd. 2., pars.

1(a) to (e) first apply to the public utility on the first day of the 6th month beginning
2after the plan approval date. Paragraphs (a) to (e) first apply to an affiliated interest
3of a public utility on the date on which pars. (a) to (e) first apply to the public utility.
AB389-AA10,11,8 4(7) Private cause of action and forfeiture. A public utility or affiliated
5interest that violates this section is liable to any person injured by the violation for
63 times the amount of damages incurred as a result of the violation, together with
7costs and, notwithstanding s. 814.04 (1), reasonable attorney fees, and shall forfeit
8$2,000 for each violation. Each day of violation is a separate violation.".
AB389-AA10,11,9 93. Page 57, line 17: after that line insert:
AB389-AA10,11,11 10" Section 68b. 196.52 (3) (a) of the statutes, as affected by 1999 Wisconsin Act
11.... (this act), is renumbered 196.52 (3) (a) (intro.) and amended to read:
AB389-AA10,11,1212 196.52 (3) (a) (intro.) In this subsection, "contract:
AB389-AA10,11,22 131. "Contract or arrangement" means a contract or arrangement providing for
14the furnishing of management, supervisory, construction, engineering, accounting,
15legal, financial, research, development or similar services and any contract or
16arrangement for the purchase, sale, lease or exchange of any property, right, or thing,
17or for the furnishing of any service, property, right, or thing, other than management,
18supervisory, construction, engineering, accounting, legal, financial or similar
19services, but "contract or arrangement" does not include a contract or arrangement
20under which a transmission utility, as defined in s. 196.485 (1) (i), sells or transfers
21securities, as defined in s. 196.485 (1) (fe), that have been issued by a transmission
22company, as defined in s. 196.485 (1) (ge).
AB389-AA10,12,7 23(am) Except as provided under par. (b), unless and until the commission gives
24its written approval, any contract or arrangement is not valid or effective if the

1contract or arrangement is made between a public utility and an affiliated interest
2after June 7, 1931. Every public utility shall file with the commission a verified copy
3of any contract or arrangement, a verified summary of any unwritten contract or
4arrangement, and any contract or arrangement, written or unwritten, which was in
5effect on June 7, 1931. The commission shall may approve a contract or arrangement
6made or entered into after June 7, 1931, only if it shall clearly appear and be
7established upon
all of the following conditions are met:
AB389-AA10,12,21 82. After investigation, the commission determines that it the contract or
9arrangement
is reasonable and consistent with the public interest and does not
10result in a violation of s. 196.035 (6) or 196.795 (5) (f)
. The commission may not
11approve any contract or arrangement unless satisfactory proof is submitted to the
12commission of the cost to the affiliated interest of rendering the services or of
13furnishing the property or service to each public utility or of the cost to the public
14utility of rendering the services or of furnishing the property or service to each
15affiliated interest. No proof is satisfactory under this paragraph subdivision unless
16it includes the original (or verified copies) of the relevant cost records and other
17relevant accounts of the affiliated interest, or an abstract of the records and accounts
18or a summary taken from the records and accounts if the commission deems the
19abstract or summary adequate. The accounts shall be properly identified and duly
20authenticated. The commission, where reasonable, may approve or disapprove a
21contract or arrangement without submission of the cost records or accounts.
AB389-AA10, s. 68d 22Section 68d. 196.52 (3) (a) 2. of the statutes is created to read:
AB389-AA10,12,2423 196.52 (3) (a) 2. "Exempt real property" has the meaning given in s. 196.795
24(1) (fm).
AB389-AA10, s. 68e 25Section 68e. 196.52 (3) (am) 1. of the statutes is created to read:
AB389-AA10,13,5
1196.52 (3) (am) 1. If the contract or arrangement involves an activity related
2to the sale, lease or service of appliances, as defined in s. 196.795 (1) (b), or the
3performance of plumbing, electrical, heating, ventilating, air conditioning or sheet
4metalworking contracting services, the activity or service is performed in or on
5exempt real property.
AB389-AA10, s. 68f 6Section 68f. 196.52 (3) (b) 1. of the statutes is amended to read:
AB389-AA10,13,187 196.52 (3) (b) 1. The Except for a contract or arrangement specified in par. (am)
81. that involves an activity or service that is performed on exempt real property, the

9requirement for written approval under par. (a) shall (am) does not apply to any a
10contract or arrangement if the amount of consideration involved is not in excess of
11$25,000 or 5% of the equity of the public utility, whichever is smaller. The
12requirement under par. (a) (am) also does not apply to a telecommunications utility
13contract or arrangement or to contracts or arrangements with joint local water
14authorities under s. 66.0735. Regularly recurring payments under a general or
15continuing arrangement which aggregate a greater annual amount may not be
16broken down into a series of transactions to come within the exemption under this
17paragraph. Any transaction exempted under this paragraph shall be valid or
18effective without commission approval under this section.
AB389-AA10, s. 68h 19Section 68h. 196.52 (3) (c) 1. of the statutes is amended to read:
AB389-AA10,13,2120 196.52 (3) (c) 1. May not waive the requirement of the submission of cost
21records or accounts under par. (a) (am);
AB389-AA10, s. 68k 22Section 68k. 196.52 (3) (c) 2. of the statutes is amended to read:
AB389-AA10,13,2523 196.52 (3) (c) 2. Shall review the accounts of the affiliated interest as they relate
24to the contract or arrangement prior to the commission approving or disapproving
25the contract or arrangement under par. (a) (am); and
AB389-AA10, s. 68m
1Section 68m. 196.52 (3) (d) of the statutes is created to read:
AB389-AA10,14,112 196.52 (3) (d) On the effective date of this paragraph .... [revisor inserts date],
3each public utility and affiliated interest that, before the effective date of this
4paragraph .... [revisor inserts date], have entered into a contract or arrangement that
5involves an activity related to the sale, lease or service of appliances, or that involves
6the performance of plumbing, electrical, heating, ventilating, air conditioning or
7sheet metalworking contracting services, shall terminate the contract or
8arrangement if the activity or service is not performed in or on exempt real property.
9In this paragraph, "public utility" does not include a public utility that is, or is owned
10or wholly operated by, a municipal electric company, as defined in s. 66.073 (3) (d),
11or a city, village or town.
AB389-AA10, s. 68o 12Section 68o. 196.52 (4) (a) of the statutes is amended to read:
AB389-AA10,14,1913 196.52 (4) (a) In any proceeding, whether upon the commission's own motion
14or upon application or complaint, involving the rates or practices of any public utility,
15the commission may exclude from the accounts of the public utility any payment or
16compensation to or from an affiliated interest for any services rendered or property
17or service furnished under an existing contract or arrangement with an affiliated
18interest under sub. (3) (a) unless the public utility establishes the reasonableness of
19the payment or compensation
(am).
AB389-AA10, s. 68q 20Section 68q. 196.52 (6) of the statutes is amended to read:
AB389-AA10,15,621 196.52 (6) If the commission finds upon investigation that a public utility, other
22than a telecommunications utility, is giving effect to a contract or arrangement
23without the commission's approval under this section, the commission shall issue a
24summary order directing that public utility to cease and desist from making any
25payments, receiving compensation, providing any service or otherwise giving any

1effect to the contract or arrangement until the contract or arrangement receives the
2approval of the commission. The circuit court of Dane county may enforce the order
3to cease and desist by appropriate process, including the issuance of a preliminary
4injunction, upon the suit of the commission and may require a public utility to forfeit
5$2,000 for each day that the public utility has given effect to a contract or
6arrangement without the commission's approval
.
AB389-AA10, s. 68s 7Section 68s. 196.52 (7m) of the statutes is created to read:
AB389-AA10,15,118 196.52 (7m) A public utility who violates sub. (3) (am) is liable to any person
9injured as a result of the violation for 3 times the amount of damages incurred as a
10result of the violation, together with costs and, notwithstanding s. 814.04 (1),
11reasonable attorney fees.
AB389-AA10, s. 68u 12Section 68u. 196.59 of the statutes is amended to read:
AB389-AA10,15,18 13196.59 Merchandising by utilities. Each public utility engaged in the
14production, transmission, delivery or furnishing of heat, light or power either
15directly or indirectly to or for the use of the public shall keep separate accounts to
16show any profit or loss resulting from the sale of appliances or other merchandise.
17The commission may not take the profit or loss into consideration in arriving at any
18rate to be charged for service by the public utility.
AB389-AA10, s. 68w 19Section 68w. 196.795 (1) (b) of the statutes is amended to read:
AB389-AA10,15,2420 196.795 (1) (b) "Appliance" means any equipment used directly for lighting,
21cooking, drying, water tempering, space heating, space cooling or space ventilation.
22"Appliance" does not include equipment or devices which monitor or control the
23primary energy supply or source for any equipment used directly for lighting,
24cooking, drying, water tempering, space heating, space cooling or space ventilation.
AB389-AA10, s. 68y 25Section 68y. 196.795 (1) (fm) of the statutes is created to read:
AB389-AA10,16,2
1196.795 (1) (fm) "Exempt real property" means real property that satisfies any
2of the following:
AB389-AA10,16,33 1. A public utility has an ownership or leasehold interest in the real property.
AB389-AA10,16,54 2. Except for real property that is an improvement, a public utility has an
5easement in the real property.
AB389-AA10,16,86 3. A public utility that is owned or operated wholly by a municipality or
7municipal electric company or a municipality or municipal electric company has an
8ownership or leasehold interest in the real property.
AB389-AA10,16,109 4. A cooperative association, as defined in s. 196.035 (1) (bg), has an ownership
10or leasehold interest in the real property.".
AB389-AA10,16,11 114. Page 58, line 4: after that line insert:
AB389-AA10,16,12 12" Section 71g. 196.795 (1) (ik) of the statutes is created to read:
AB389-AA10,16,1413 196.795 (1) (ik) "Municipal electric company" has the meaning given in s.
1466.073 (3) (d).
AB389-AA10, s. 71r 15Section 71r. 196.795 (1) (im) of the statutes is created to read:
AB389-AA10,16,1616 196.795 (1) (im) "Municipality" means a city, village or town.".
AB389-AA10,16,17 175. Page 59, line 10: after that line insert:
AB389-AA10,16,18 18" Section 80b. 196.795 (5) (q) 1. of the statutes is repealed.
AB389-AA10, s. 80e 19Section 80e. 196.795 (5) (q) 2. (intro.) of the statutes is renumbered 196.795
20(5) (q) and amended to read:
AB389-AA10,17,521 196.795 (5) (q) Except as provided under subd. 3., no No public utility affiliate
22or its subsidiary or a joint venture or partnership having a utility affiliate or its
23subsidiary
as a member or partner may, in the service territory of the public utility
24affiliate,
sell at retail, lease, install, maintain or service any appliance that uses as

1its primary energy source energy supplied by that public utility affiliate under rates
2and tariffs approved by the commission,
unless the appliance is located in facilities
3owned or operated by that public utility affiliate or its subsidiary or unless the
4appliance is sold, leased, installed, maintained or serviced:
located on exempt real
5property.
AB389-AA10, s. 80h 6Section 80h. 196.795 (5) (q) 2. a. of the statutes is repealed.
AB389-AA10, s. 80L 7Section 80L. 196.795 (5) (q) 2. b. of the statutes is repealed.
AB389-AA10, s. 80o 8Section 80o. 196.795 (5) (q) 2. c. of the statutes is repealed.
AB389-AA10, s. 80r 9Section 80r. 196.795 (5) (q) 3. of the statutes is repealed.
AB389-AA10, s. 80u 10Section 80u. 196.795 (5) (q) 4. of the statutes is repealed.".
AB389-AA10,17,11 116. Page 61, line 14: after that line insert:
AB389-AA10,17,12 12" Section 87m. 196.795 (9m) of the statutes is amended to read:
AB389-AA10,17,2213 196.795 (9m) (title) Private cause of action and forfeiture. Any company in
14a holding company system which does, causes or permits to be done any prohibited
15action under sub. (5) (c) to (dr), (f), (h), (k), (n), (q), (r) or (s), or fails to comply with
16any term, limitation or condition imposed under sub. (2) (e) or (f) consistent with sub.
17(5) (c) to (dr), (f), (h), (k), (n), (q), (r) or (s), is liable to any person injured thereby in
18treble
for 3 times the amount of damages sustained in consequence incurred as a
19result
of the prohibited action or failure to act, together with costs and,
20notwithstanding s. 814.04 (1), reasonable attorney fees, and shall forfeit $2,000 for
21each violation or failure to comply. Each day of violation or failure to comply is a
22separate violation or failure to comply
.".
AB389-AA10,17,23 237. Page 67, line 7: after "(1)" insert "Certificate applications.".
AB389-AA10,17,24 248. Page 67, line 10: before "The" insert "License fee.".
AB389-AA10,18,1
19. Page 67, line 16: after that line insert:
AB389-AA10,18,6 2"(2e) Contracts or arrangements with affiliates. The treatment of sections
3196.52 (3) (am) 1. and 196.795 (1) (b) of the statutes, the renumbering and
4amendment of section 196.52 (3) (a) of the statutes and the creation of section 196.52
5(3) (a) 2. of the statutes first apply to contracts or arrangements entered into,
6renewed, extended or modified on the effective date of this subsection.
AB389-AA10,18,10 7(2m) Separation between public utilities and affiliated interests. The
8treatment of sections 196.035, 196.52 (3) (a) 2. and 196.795 (1) (b) of the statutes first
9applies to contracts for leases, sales or purchases or transactions that are entered
10into, renewed, extended or modified on the effective date of this subsection.
AB389-AA10,18,11 11(2s) Forfeitures and attorney fees.
AB389-AA10,18,13 12(a ) The treatment of section 196.795 (9m) of the statutes first applies to
13violations or failures to comply that occur on the effective date of this paragraph.
AB389-AA10,18,16 14(b) The treatment of section 196.52 (6) and (7m) of the statutes first applies to
15contracts to which a public utility gives effect on, and violations that occur on, the
16effective date of this paragraph.
AB389-AA10, s. 95m 17Section 95m. Effective dates. This act takes effect on the day after
18publication, except as follows:
AB389-AA10,18,23 19(1m) The treatment of sections 196.035, 196.52 (3) (a) 2., (am) 1., (b) 1., (c) 1.
20and 2. and (d), (4) (a), (6) and (7m), 196.59 and 196.795 (1) (b), (fm), (ik) and (im), (5)
21(q) 1., 2. (intro.), a., b. and c., 3. and 4. and (9m) of the statutes and the renumbering
22and amendment of section 196.52 (3) (a) of the statutes take effect on the first day
23of the 12th month beginning after publication.".
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