Amendment ASA1-AB587

AB587-ASA1,14,22 196.52 (6) If the commission finds upon investigation that a public utility, other than a telecommunications utility, is giving effect to a contract or arrangement without the commission's approval under this section, the commission shall issue a summary order directing that public utility to cease and desist from making any payments, receiving compensation, providing any service or otherwise giving any effect to the contract or arrangement until the contract or arrangement receives the approval of the commission. The circuit court of Dane county may enforce the order to cease and desist by appropriate process, including the issuance of a preliminary injunction, upon the suit of the commission and may require a public utility to forfeit $2,000 for each day that the public utility has given effect to a contract or arrangement without the commission's approval.

AB587-ASA1, s. 16 Section 16. 196.52 (7m) of the statutes is created to read:

AB587-ASA1,15,2 196.52 (7m) A public utility who violates sub. (3) (am) is liable to any person injured as a result of the violation for 3 times the amount of damages incurred as a result of the violation, together with costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.

AB587-ASA1, s. 17 Section 17. 196.59 of the statutes is amended to read:

AB587-ASA1,15,9 196.59 Merchandising by utilities. Each public utility engaged in the production, transmission, delivery or furnishing of heat, light or power either directly or indirectly to or for the use of the public shall keep separate accounts to show any profit or loss resulting from the sale of appliances or other merchandise. The commission may not take the profit or loss into consideration in arriving at any rate to be charged for service by the public utility.

AB587-ASA1, s. 18 Section 18. 196.795 (1) (b) of the statutes is amended to read:

AB587-ASA1,15,15 196.795 (1) (b) "Appliance" means any equipment used directly for lighting, cooking, drying, water tempering, space heating, space cooling or space ventilation. "Appliance" does not include equipment or devices which monitor or control the primary energy supply or source for any equipment used directly for lighting, cooking, drying, water tempering, space heating, space cooling or space ventilation.

AB587-ASA1, s. 19 Section 19. 196.795 (1) (fm) of the statutes is created to read:

AB587-ASA1,15,18 196.795 (1) (fm) "Exempt real property" means real property that satisfies any of the following:

AB587-ASA1,15,19 1. A public utility has an ownership or leasehold interest in the real property.

AB587-ASA1,15,21 2. Except for real property that is an improvement, a public utility has an easement in the real property.

AB587-ASA1,15,24 3. A public utility that is owned or operated wholly by a municipality or municipal electric company or a municipality or municipal electric company has an ownership or leasehold interest in the real property.

AB587-ASA1,16,2 4. A cooperative association, as defined in s. 196.035 (1) (bg), has an ownership or leasehold interest in the real property.

AB587-ASA1, s. 20 Section 20. 196.795 (1) (ik) of the statutes is created to read:

AB587-ASA1,16,5 196.795 (1) (ik) "Municipal electric company" has the meaning given in s. 66.073 (3) (d).

AB587-ASA1, s. 21 Section 21. 196.795 (1) (im) of the statutes is created to read:

AB587-ASA1,16,7 196.795 (1) (im) "Municipality" means a city, village or town.

AB587-ASA1, s. 22 Section 22. 196.795 (5) (q) 1. of the statutes is repealed.

AB587-ASA1, s. 23 Section 23. 196.795 (5) (q) 2. (intro.) of the statutes is renumbered 196.795 (5) (q) and amended to read:

AB587-ASA1,16,19 196.795 (5) (q) Except as provided under subd. 3., no No public utility affiliate or its subsidiary or a joint venture or partnership having a utility affiliate or its subsidiary as a member or partner may, in the service territory of the public utility affiliate, sell at retail, lease, install, maintain or service any appliance that uses as its primary energy source energy supplied by that public utility affiliate under rates and tariffs approved by the commission, unless the appliance is located in facilities owned or operated by that public utility affiliate or its subsidiary or unless the appliance is sold, leased, installed, maintained or serviced: located on exempt real property.

AB587-ASA1, s. 24 Section 24. 196.795 (5) (q) 2. a. of the statutes is repealed.

AB587-ASA1, s. 25 Section 25. 196.795 (5) (q) 2. b. of the statutes is repealed.

AB587-ASA1, s. 26 Section 26. 196.795 (5) (q) 2. c. of the statutes is repealed.

AB587-ASA1, s. 27 Section 27. 196.795 (5) (q) 3. of the statutes is repealed.

AB587-ASA1, s. 28 Section 28. 196.795 (5) (q) 4. of the statutes is repealed.

AB587-ASA1, s. 29 Section 29. 196.795 (7) (a) 2. of the statutes is repealed.

AB587-ASA1, s. 30 Section 30. 196.795 (7) (a) 3. of the statutes is amended to read:

AB587-ASA1,17,3 196.795 (7) (a) 3. Conduct a business that is functionally related to the provision of utility service or to the development or acquisition of energy resources.

AB587-ASA1, s. 31 Section 31. 196.795 (9m) of the statutes is amended to read:

AB587-ASA1,17,14 196.795 (9m) (title) Private cause of action and forfeiture. Any company in a holding company system which does, causes or permits to be done any prohibited action under sub. (5) (c) to (dr), (f), (h), (k), (n), (q), (r) or (s), or fails to comply with any term, limitation or condition imposed under sub. (2) (e) or (f) consistent with sub. (5) (c) to (dr), (f), (h), (k), (n), (q), (r) or (s), is liable to any person injured thereby in treble for 3 times the amount of damages sustained in consequence incurred as a result of the prohibited action or failure to act, together with costs and, notwithstanding s. 814.04 (1), reasonable attorney fees, and shall forfeit $2,000 for each violation or failure to comply. Each day of violation or failure to comply is a separate violation or failure to comply.

AB587-ASA1, s. 32 Section 32. Initial applicability.

AB587-ASA1,17,20 (1) Contracts or arrangements with affiliates. The treatment of sections 196.52 (3) (am) 1. and 196.795 (1) (b) of the statutes, the renumbering and amendment of section 196.52 (3) (a) of the statutes and the creation of section 196.52 (3) (a) 2. of the statutes first apply to contracts or arrangements entered into, renewed, extended or modified on the effective date of this subsection.

AB587-ASA1,17,24 (2) Separation between public utilities and affiliated interests. The treatment of sections 196.035, 196.52 (3) (a) 2. and 196.795 (1) (b) of the statutes first applies to contracts for leases, sales or purchases or transactions that are entered into, renewed, extended or modified on the effective date of this subsection.

AB587-ASA1,17,25 (3) Forfeitures and attorney fees.

AB587-ASA1,18,2 (4) The treatment of section 196.795 (9m) of the statutes first applies to violations or failures to comply that occur on the effective date of this paragraph.

AB587-ASA1,18,5 (5) The treatment of section 196.52 (6) and (7m) of the statutes first applies to contracts to which a public utility gives effect on, and violations that occur on, the effective date of this paragraph.

AB587-ASA1, s. 33 Section 33. Effective date.

AB587-ASA1,18,8 (1) This act takes effect on the first day of the 18th month beginning after publication.

AB587-ASA1,18,9 (End)