AB940, s. 49 3Section 49. 196.491 (2) (a) 8. of the statutes is repealed.
AB940, s. 50 4Section 50. 196.491 (2) (a) 9. to 13. of the statutes are created to read:
AB940,24,65 196.491 (2) (a) 9. Identify and describe existing and planned generating
6facilities that use renewable sources of energy.
AB940,24,97 10. Consider the public interest in economic development, public health and
8safety, protection of the environment and diversification of sources of energy
9supplies.
AB940,24,1110 11. Assess the extent to which the regional bulk-power market is contributing
11to the adequacy and reliability of the state's electrical supply.
AB940,24,1312 12. Assess the extent to which effective competition is contributing to a reliable,
13low-cost and environmentally sound source of electricity for the public.
AB940,24,1514 13. Assess whether sufficient electric capacity and energy will be available to
15the public at a reasonable price.
AB940, s. 51 16Section 51. 196.491 (2) (ag) of the statutes is created to read:
AB940,24,1917 196.491 (2) (ag) The commission shall promulgate rules that establish
18procedures and requirements for reporting information that is necessary for the
19commission to prepare strategic energy assessments under par. (a).
AB940, s. 52 20Section 52. 196.491 (2) (am) of the statutes is renumbered 196.491 (2r) and
21amended to read:
AB940,25,222 196.491 (2r) (title) Local ordinances. No local ordinance may prohibit or
23restrict testing activities undertaken by a an electric utility for purposes of preparing
24advance plans or
determining the suitability of a site for the placement of a facility.

1Any local unit of government objecting to such testing may petition the commission
2to impose reasonable restrictions on such activity.
AB940, s. 53 3Section 53. 196.491 (2) (b) (intro.) of the statutes is repealed and recreated to
4read:
AB940,25,75 196.491 (2) (b) (intro.) On or before July 1 biennially, the commission shall
6issue a draft of the biennial strategic energy assessment that it prepares under par.
7(a) to each of the following:
AB940, s. 54 8Section 54. 196.491 (2) (b) 8. of the statutes is amended to read:
AB940,25,129 196.491 (2) (b) 8. The lower Wisconsin state riverway board if the plan draft
10includes an assessment of the construction, modification or relocation of a
11high-voltage transmission line, as defined in s. 30.40 (3r), that is located in the lower
12Wisconsin riverway as defined in s. 30.40 (15).
AB940, s. 55 13Section 55. 196.491 (2) (b) 9. and 10. of the statutes are created to read:
AB940,25,1514 196.491 (2) (b) 9. Each person that is required to report information to the
15commission under the rules promulgated under par. (ag).
AB940,25,1716 10. The clerk of each city, village, town and county that, as determined by the
17commission, is affected by the assessment.
AB940, s. 56 18Section 56. 196.491 (2) (c) and (d) of the statutes are repealed.
AB940, s. 57 19Section 57. 196.491 (2) (e) of the statutes is amended to read:
AB940,25,2320 196.491 (2) (e) Any state agency, as defined in s. 16.375 (1), county,
21municipality, town or person may submit written comments on any plan to the
22commission on a strategic energy assessment within 180 90 days after the plan is
23filed
copies of the draft are issued under par. (b).
AB940, s. 58 24Section 58. 196.491 (2) (f) of the statutes is amended to read:
AB940,26,20
1196.491 (2) (f) Because the planning process for facilities siting otherwise
2incorporates consideration and analysis of environmental impact, s.
Section 1.11 (2)
3(c) shall not apply to advance plans a strategic energy assessment prepared under
4par. (a) but the commission shall prepare a single environmental assessment on all
5plans submitted for approval under par. (a)
the strategic energy assessment, which
6shall include a discussion of generic issues related thereto. Such and environmental
7impacts. The commission shall make the environmental
assessment shall be made
8available to the public at least 30 days prior to the hearing under par. (g). The
9assessment on the plans is different from an environmental impact statement on a
10particular facility in that it need not identify the environmental effects of proposed
11sites for facilities in the plan with the same degree of detail as is required when a
12particular facility is considered for a certificate of public convenience and necessity
13under sub. (3). The assessment need not repeat information included in an
14assessment prepared for a plan submitted under par. (a) on a prior reporting date and
15with respect to which no material additional data is required or as to which there has
16been no material change in circumstances. Applicable portions of such assessment
17may be included by reference in any environmental impact statement prepared by
18the commission, including a statement prepared in connection with the
19consideration of an application for a certificate of public convenience and necessity
20under sub. (3).
AB940, s. 59 21Section 59. 196.491 (2) (g) of the statutes, as affected by 1997 Wisconsin Act
2235
, is amended to read:
AB940,27,2323 196.491 (2) (g) Within 180 No sooner than 30 and no later than 90 days after
24the plan is filed copies of the draft are issued under par. (b), the commission shall hold
25a hearing thereon on the draft which may not be a hearing under s. 227.42 or 227.44.

1The hearing shall be held in an administrative district, established by executive
2order 22, issued August 24, 1970, which the commission determines will be
3significantly affected by facilities proposed in the plan to be constructed in the
4following
on which an electric utility plans to commence construction within 3 years.
5The commission may thereafter adjourn the hearing to other locations or may
6conduct the hearing by interactive video conference or other electronic method.
7Notice of such hearing shall be given by class 1 notice, under ch. 985, published in
8the official state newspaper and such other regional papers of general circulation as
9may be designated by the commission. At such hearing the commission shall briefly
10describe the plan strategic energy assessment and give all interested persons an
11opportunity, subject to reasonable limitations on the presentation of repetitious
12material, to express their views on any aspect of the plan. The presentation of such
13views need not be under oath nor subject to cross-examination. The commission
14shall advise all persons present of their right to express their views orally or in
15writing, under oath or otherwise, and of the legal effect of each such form of testimony

16strategic energy assessment. A record of unsworn testimony the hearing shall be
17made and considered by the commission as comments on the plan strategic energy
18assessment
under par. (e). Persons presenting such views shall not be parties. The
19utility, any state agency, county, municipality, town, or any person whose substantial
20rights may be adversely affected by the testing for or construction of facilities
21described in an advance plan, shall, upon filing written notice setting forth its
22interest at least 10 days in advance, be afforded all the rights of a party in a contested
23case.
AB940, s. 60 24Section 60. 196.491 (2) (gm) of the statutes is created to read:
AB940,28,5
1196.491 (2) (gm) Based on comments received on a draft, the commission shall
2prepare a final strategic energy assessment within 90 days after a hearing under par.
3(g). The commission shall provide copies of the final strategic energy assessment to
4any state agency, county, municipality, town or other person who submitted
5comments on the draft under par. (e) and to the persons specified in par. (b).
AB940, s. 61 6Section 61. 196.491 (2) (i) to (m) of the statutes are repealed.
AB940, s. 62 7Section 62. 196.491 (2m) (title) of the statutes is repealed.
AB940, s. 63 8Section 63. 196.491 (2m) of the statutes is renumbered 196.491 (3) (a) 3. a. and
9amended to read:
AB940,29,410 196.491 (3) (a) 3. a. At least 120 days prior to the filing of an application for a
11certificate of public convenience and necessity under sub. (3) for a bulk or large
12electric generating facility, the applicant shall notify the department and the
13commission of its intention to make such application and
At the same time that a
14person files an application under subd. 1., the person shall
provide the department
15with an engineering plan showing the location of the facility, a description of the
16facility, including the major components thereof having of the facility that have a
17significant air, water or solid waste pollution potential, and a description of the
18anticipated effects of such the facility on air and water quality. Within 60 30 days
19thereafter after a person provides an engineering plan, the department shall provide
20the applicant person with a listing of each department permit or approval which, on
21the basis of the information contained in the engineering plan, appears to be required
22for the construction or operation of the facility. The department shall, in consultation
23with the commission, also designate which permits and approvals, or portions
24thereof, must be obtained prior to the issuance of the certificate of public convenience
25and necessity. Such designation shall be based on a finding by the department that

1the granting or denial of the same could significantly affect overall facility design or
2location. At any time prior to the issuance of the certificate of public convenience and
3necessity, the department may, in consultation with the commission, waive the
4necessity of obtaining any such permit or approval in advance of such certificate.
AB940, s. 64 5Section 64. 196.491 (3) (a) of the statutes is renumbered 196.491 (3) (a) 1. and
6amended to read:
AB940,29,257 196.491 (3) (a) 1. No person may commence the construction of a facility unless
8such the person has applied for and received a certificate of public convenience and
9necessity from the commission as provided in this section. An application in the form
10and containing the information required by commission rules for such certificate
11shall be filed with the commission not less than 18 months prior to the
12commencement of construction of a bulk electric generating facility, and not less than

136 months prior to the commencement of construction of a large electric generating
14facility or a high-voltage transmission line. Within 10 days after filing the
15application, the commission shall send a copy of the application to the clerk of each
16municipality and town in which the proposed facility is to be located and to the main
17public library in each such county. The applicant shall apply for any permits or
18approvals required by the department prior to the issuance of a certificate of public
19convenience and necessity within 20 days after the application to the commission.
20An applicant shall make a preliminary application for all other permits and
21approvals specified under sub. (2m). Such preliminary application shall be sufficient
22if it identifies the permits and approvals applied for and contains so much of the
23information required for each such permit or approval as is then available to the
24applicant. Thereafter the applicant shall supply necessary additional engineering
25and design information as it becomes available.
AB940, s. 65
1Section 65. 196.491 (3) (a) 2. of the statutes is created to read:
AB940,30,102 196.491 (3) (a) 2. The commission shall determine whether an application filed
3under subd. 1. is complete and, no later than 30 days after the application is filed,
4notify the applicant about the determination. If the commission determines that the
5application is incomplete, the notice shall state the reason for the determination. An
6applicant may supplement and refile an application that the commission has
7determined to be incomplete. There is no limit on the number of times that an
8applicant may refile an application under this subdivision. If the commission fails
9to determine whether an application is complete within 30 days after the application
10is filed, the application shall be considered to be complete.
AB940, s. 66 11Section 66. 196.491 (3) (a) 3. b. of the statutes is created to read:
AB940,31,212 196.491 (3) (a) 3. b. Within 20 days after the department provides a listing
13specified in subd. 3. a. to a person, the person shall apply for the permits and
14approvals identified in the listing. The department shall determine whether an
15application under this subd. 3. b. is complete and, no later than 30 days after the
16application is filed, notify the applicant about the determination. If the department
17determines that the application is incomplete, the notice shall state the reason for
18the determination. An applicant may supplement and refile an application that the
19department has determined to be incomplete. There is no limit on the number of
20times that an applicant may refile an application under this subd. 3. b. If the
21department fails to determine whether an application is complete within 30 days
22after the application is filed, the application shall be considered to be complete. The
23department shall complete action on an application under this subd. 3. b. within 90
24days after the date on which the application is determined or considered to be
25complete. If the department fails to take final action within the 90-day period, the

1department is considered to have issued the permits and approvals identified in the
2listing.
AB940, s. 67 3Section 67. 196.491 (3) (b) of the statutes is amended to read:
AB940,31,74 196.491 (3) (b) The commission shall hold a public hearing on the an
5application that is determined or considered to be complete in the area affected
6pursuant to s. 227.44. A class 1 notice, under ch. 985, shall be given at least 30 days
7prior to the hearing.
AB940, s. 68 8Section 68. 196.491 (3) (d) (intro.) of the statutes is amended to read:
AB940,31,129 196.491 (3) (d) (intro.) Except as provided under par. (e) and s. 196.493, the
10commission shall approve an application for a certificate of public convenience and
11necessity shall be approved only if the commission determines that all of the
12following
:
AB940, s. 69 13Section 69. 196.491 (3) (d) 1. of the statutes is repealed.
AB940, s. 70 14Section 70. 196.491 (3) (d) 2. of the statutes is amended to read:
AB940,31,1715 196.491 (3) (d) 2. The proposed facility is necessary to satisfy satisfies the
16reasonable needs of the public for an adequate supply of electric energy. This
17subdivision does not apply to a wholesale merchant plant.
AB940, s. 71 18Section 71. 196.491 (3) (d) 3. of the statutes is amended to read:
AB940,32,219 196.491 (3) (d) 3. The design and location or route is in the public interest
20considering alternative sources of supply, alternative locations or routes, individual
21hardships, engineering, economic, safety, reliability and environmental factors,
22except that the commission may not consider alternative sources of supply or
23engineering or economic factors if the application is for a wholesale merchant plant
.
24In its consideration of environmental factors, the commission may not determine

1that the design and location or route is not in the public interest because of the impact
2of air pollution if the proposed facility will meet the requirements of ch. 285.
AB940, s. 72 3Section 72. 196.491 (3) (d) 7. of the statutes is created to read:
AB940,32,54 196.491 (3) (d) 7. The proposed facility will not have a material adverse impact
5on competition in the relevant wholesale electric service market.
AB940, s. 73 6Section 73. 196.491 (3) (e) of the statutes is amended to read:
AB940,32,137 196.491 (3) (e) If the application does not meet the criteria under par. (d), the
8commission shall reject the application or approve the application with such
9modifications as are necessary for an affirmative finding under par. (d). The
10commission may not issue a certificate of public convenience and necessity until the
11department has issued all permits and approvals designated under sub. (2m) as
12necessary prior to the issuance of the certificate of public convenience and necessity

13identified in the listing specified in par. (a) 3. a.
AB940, s. 74 14Section 74. 196.491 (3) (f) and (ff) of the statutes are repealed.
AB940, s. 75 15Section 75. 196.491 (3) (g) (intro.) and 1. of the statutes are consolidated,
16renumbered 196.491 (3) (g) 1. and amended to read:
AB940,33,317 196.491 (3) (g) 1. The commission shall take final action on the an application
18within: 1. 180 days after the application under this subsection for large electric
19generating facilities or high-voltage transmission lines
is determined or considered
20to be complete under par. (a) 2. If the commission fails to take final action within the
21180-day period, the commission is considered to have issued a certificate of public
22convenience and necessity with respect to the application, unless the commission,
23within the 180-day period, petitions the circuit court for Dane County for an
24extension of time for taking final action on the application and the court grants an
25extension. Upon a showing of good cause, the court may extend the 180-day period

1for no more than an additional 180 days . If the commission fails to take final action
2within the extended period, the commission is considered to have issued a certificate
3of public convenience and necessity with respect to the application
.
AB940, s. 76 4Section 76. 196.491 (3) (g) 1m. of the statutes is created to read:
AB940,33,75 196.491 (3) (g) 1m. Subdivision 1. does not apply to an application for a
6certificate of public convenience and necessity if another state is also taking action
7on the same or a related application.
AB940, s. 77 8Section 77. 196.491 (3) (g) 2. of the statutes is repealed.
AB940, s. 78 9Section 78. 196.491 (3) (hm) of the statutes is repealed:
AB940, s. 79 10Section 79. 196.491 (3) (j) of the statutes is amended to read:
AB940,33,1511 196.491 (3) (j) Any person whose substantial rights may be adversely affected
12or any county, municipality or town having jurisdiction over land affected by an
13advance plan or
a certificate of public convenience and necessity may petition for
14judicial review, under ch. 227, of any decision of the commission regarding the
15advance plan or
the certificate.
AB940, s. 80 16Section 80. 196.491 (3) (k) of the statutes is amended to read:
AB940,33,2517 196.491 (3) (k) No person may purchase, or acquire an option to purchase, any
18interest in real property knowing that such property is being purchased to be used
19for the construction of a high-voltage transmission line unless the person gives
20written notice to the prospective seller of the size, maximum voltage and structure
21type of any transmission line planned to be constructed thereon and the electric
22utility by whom it will be operated. Contracts made in violation of this paragraph
23are subject to rescission by the seller at any time prior to the issuance of a certificate
24of public convenience and necessity for the facility high-voltage transmission line by
25the commission.
AB940, s. 81
1Section 81. 196.491 (3m) of the statutes is created to read:
AB940,34,62 196.491 (3m) Wholesale merchant plants. (a) Commission approval
3required.
Except as provided in par. (e), an affiliated interest of a public utility may
4not own, control or operate a wholesale merchant plant without the approval of the
5commission. The commission shall grant its approval only if each of the following is
6satisfied:
AB940,34,117 1. The public utility has transferred control over its transmission facilities, as
8defined in s. 196.485 (1) (h), to an independent system operator, as defined in s.
9196.485 (1) (d), that is approved by the federal energy regulatory commission or the
10public utility has divested its interest in the transmission facilities to an
11independent transmission owner, as defined in s. 196.485 (1) (dm).
AB940,34,1412 2. The commission finds that the ownership, control or operation will not have
13a substantial anticompetitive effect on electricity markets for any classes of
14customers.
AB940,34,1715 (b) Duty to promulgate rules. 1. The commission shall promulgate rules that
16establish requirements and procedures for an affiliated interest to apply for an
17approval under par. (a). The rules shall do each of the following:
AB940,34,1918 a. Describe the showing that an applicant is required to make for the
19commission to grant an approval under par. (a).
AB940,34,2220 b. Describe the analytical process that the commission shall use in determining
21whether to make a finding under par. (a) 2. and describe the factors specified in subd.
223.
AB940,34,2423 c. Allow an interested person to request a hearing on an application under s.
24227.42.
AB940,35,4
12. The analytical process specified in subd. 1. b. shall, to the extent practicable,
2be consistent with the analytical process described in the enforcement policy of the
3federal department of justice and the federal trade commission regarding horizontal
4acquisitions and mergers that are subject to 15 USC 1, 18 or 45.
AB940,35,65 3. The commission shall use the following factors in determining whether to
6make a finding under par. (a) 2.:
AB940,35,87 a. The degree of market concentration resulting from the affiliated interest's
8proposed ownership, operation or control.
AB940,35,109 b. The extent of control that the affiliated interest proposes to exercise over the
10wholesale merchant plant.
AB940,35,1211 d. Any other factor that the commission determines is necessary to determine
12whether to make a finding under par. (a) 2.
AB940,35,1313 (c) Sales by affiliated interests. 1. In this paragraph:
AB940,35,1514 a. "Electric sale" means a sale of electricity that is generated at a wholesale
15merchant plant that is owned, operated or controlled by an affiliated interest.
AB940,35,1816 b. "Firm sale" means an electric sale in which electricity is intended to be
17available to a purchaser at all times during a specified period on an uninterruptible
18basis.
AB940,35,2219 2. The commission shall review any electric sale by an affiliated interest to a
20public utility with which the affiliated interest is affiliated. If the commission finds
21that an electric sale is not in the public interest, the commission shall do any of the
22following:
AB940,35,2423 a. Disallow the public utility's costs related to the sale in a rate-setting
24proceeding.
AB940,36,2
1b. Order the public utility to provide a refund, in an amount determined by the
2commission, to its customers.
AB940,36,53 c. Order the public utility or affiliated interest to take any action that the
4commission determines is in the public interest, except that the commission may not
5order the public utility or affiliated interest to void the sale.
AB940,36,76 3. An affiliated interest may not make any firm sale to a public utility with
7which the affiliated interest is affiliated if the firm sale satisfies any of the following:
AB940,36,88 a. The period of the firm sale is 3 years or more.
AB940,36,109 b. The period of the firm sale is less than 3 years and either the public utility
10or the affiliated interest has an option to extend the period to 3 years or more.
AB940,36,1311 (d) Retail sales outside this state. The commission may not promulgate rules
12or issue orders that prohibit owners or operators of wholesale merchant plants from
13providing electric service to retail customers in another state.
AB940,36,1714 (e) Exemption. An approval under par. (a) is not required for an affiliated
15interest to own, operate or control a wholesale merchant plant in Grant County if the
16affiliated interest owned, operated or controlled the wholesale merchant plant before
17January 1, 1998.
AB940, s. 82 18Section 82. 196.491 (4) (a) (intro.) of the statutes, as created by 1997 Wisconsin
19Act 27
, is repealed.
AB940, s. 83 20Section 83. 196.491 (4) (a) 1. and 2. of the statutes, as created by 1997
21Wisconsin Act 27
, are renumbered 196.491 (4) (b) 1. and 2.
AB940, s. 84 22Section 84. 196.491 (4) (a) 3. of the statutes, as created by 1997 Wisconsin Act
2327
, is repealed.
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