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-AA10,15,18
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-AA10,15,2420
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-AA10,16,2
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-AA10,16,12
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-AA10,16,1616
196.795
(1) (im) "Municipality" means a city, village or town.".
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 of the statutes is repealed.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-AA10,17,12
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-AA10,18,6
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.".
