SB534,17,3
1(g) "Transmission area" means the area of the state that, on January 1, 1997,
2was served by the Mid-America Interconnected Network, Inc., reliability council of
3the North American Electric Reliability Council.
SB534,17,84
(h) "Transmission facility" means any pipe, pipeline, duct, wire, line, conduit,
5pole, tower, equipment or other structure used for the transmission of electric power
6as determined by the public service commission on the basis of factors for identifying
7a transmission facility that are specified in the orders of the federal energy
8regulatory commission under
16 USC 824d and
824e.
SB534,17,119
(i) "Transmission utility" means a cooperative or public utility that owns a
10transmission facility in this state and that provides transmission service in this
11state.
SB534,17,18
12(2) Commission powers and duties. (a) By June 30, 2000, if a transmission
13utility has not transferred control over its transmission facilities to an independent
14system operator that is approved by the applicable federal agency or divested, with
15approval of the applicable federal agency and the commission, its interest in its
16transmission facilities to an independent transmission owner, the commission shall,
17subject to par. (am), order the transmission utility to apply to the applicable federal
18agency to do one of the following:
SB534,17,2119
1. Transfer control of the transmission utility's transmission facilities to an
20independent system operator that has received the approval of the federal agency to
21operate in a region.
SB534,17,2422
2. If the federal agency has not approved an independent system operator
23specified in subd. 1., transfer control over the transmission utility's transmission
24facilities to an independent system operator that is intended to operate in a region.
SB534,18,4
13. If the transmission utility does not, or is not able to, to the satisfaction of the
2commission, transfer its transmission facilities to an independent system operator
3specified in subd. 2., divest the transmission utility's interest in its transmission
4facilities to an independent transmission owner.
SB534,18,65
(am) The commission may waive the requirement to issue an order against a
6transmission utility under par. (a) if each of the following is satisfied:
SB534,18,107
1. The transmission utility has filed an application with the applicable federal
8agency for approval to transfer control of its transmission facilities to an independent
9system operator or to divest its interest in its transmission facilities to an
10independent transmission owner.
SB534,18,1711
2. The commission finds that the waiver is reasonably expected to result in a
12more expeditious transfer of control to an independent system operator or
13divestment of interest to an independent transmission owner than would result
14under an order issued under par. (a). In making a finding under this subdivision, the
15commission shall consider the need for a reasonably prompt transition period for the
16transfer of control or divestment of interest that ensures, to the maximum extent
17practicable, the continued reliability of the electric transmission system in this state.
SB534,18,2218
(b) By June 30, 2000, the commission shall, except as provided in par. (bm),
19order each transmission utility in this state that is a public utility to identify and
20separately account for the cost of retail transmission service and to take all retail
21transmission service from an independent system operator or independent
22transmission owner.
SB534,19,223
(bm) The commission may issue an order under par. (b) after June 30, 2000, if
24the commission determines that a later date is necessary due to circumstances
1beyond the control of a transmission utility, including regulatory delays at the
2commission or applicable federal agency.
SB534,19,43
(c) The commission has jurisdiction to do all things necessary and convenient
4to enforce the requirements of this section.
SB534,19,16
5(3) Independent system operator and independent transmission owner
6duties. (a) If an independent system operator that has control over transmission
7facilities in this state determines that there is a need for additional transmission
8facilities in this state, the independent system operator shall order any transmission
9utility that has transferred control over transmission facilities to the independent
10system operator to, subject to the requirements of ss. 196.49 and 196.491 (3), expand
11the portion of the electric transmission system that is in this state and under the
12control of the independent system operator or construct additional transmission
13facilities in that portion of the transmission system. An independent system
14operator may issue an order under this paragraph only if a transmission utility that
15is subject to the order is reasonably compensated for the costs incurred in complying
16with the order.
SB534,19,2317
(bm) If each of the transmission utilities in the transmission area that are
18public utilities have not transferred control over their transmission facilities to the
19same independent system operator, the independent system operator that controls
20transmission facilities in the transmission area shall ensure that, by itself or
21pursuant to a long-term agreement with another independent system operator, the
22transmission facilities in the transmission area are planned, constructed, operated,
23maintained and controlled as a single transmission system.
SB534,20,524
(b) If an independent transmission owner determines that there is a need for
25additional transmission facilities in a portion of the electric transmission system of
1this state that consists of transmission facilities the interest in which has been
2divested to the independent transmission owner by a transmission utility, the
3independent transmission owner shall, subject to the requirements of ss. 196.49 and
4196.491 (3), expand that portion of the electric transmission system or construct
5additional transmission facilities in that portion.
SB534,20,86
(c) An independent transmission owner or an independent system operator
7shall operate transmission facilities over which it has control in a manner that does
8each of the following:
SB534,20,119
1. To the maximum extent practicable, eliminates advantages in electric
10generation, wholesale and retail markets that are otherwise related to ownership,
11control or operation of transmission facilities over which it has control.
SB534,20,1312
2. Satisfies the reasonable needs of transmission users in this state for reliable,
13low-cost and competitively priced electric service.
SB534,20,17
14(4) Transmission utilities. (a) A transmission utility may not transfer control
15over, or divest its interest in, its transmission facilities to an independent system
16operator or independent transmission owner unless, to the satisfaction of the
17commission, each of the following requirements is satisfied:
SB534,20,2118
1. The independent system operator or independent transmission owner is the
19sole provider of all transmission service to all users of its transmission system in this
20state, including the provision of retail transmission service to users that are public
21utilities.
SB534,20,2522
2. The independent system operator or independent transmission owner has
23authority over transmission facilities that is sufficient for the independent system
24operator or independent transmission owner to ensure the reliability of its
25transmission system.
SB534,21,2
13. The independent system operator or independent transmission owner has
2sufficient authority to carry out the duties specified in sub. (3).
SB534,21,73
(b) A transmission utility that transfers control over its transmission facilities
4to an independent system operator shall, subject to the approval of the applicable
5federal agency, provide reasonable and cost-effective construction, operation and
6maintenance services to the independent system operator that are required for
7operation of the transmission facilities.
SB534, s. 31
8Section
31. 196.491 (title) of the statutes is amended to read:
SB534,21,10
9196.491 (title)
Advance planning of electric Strategic energy
10assessment; electric generating facilities and transmission lines.
SB534, s. 32
11Section
32. 196.491 (1) (a) of the statutes is repealed.
SB534, s. 33
12Section
33. 196.491 (1) (am) of the statutes is created to read:
SB534,21,1313
196.491
(1) (am) "Affiliated interest" has the meaning given in s. 196.52 (1).
SB534, s. 34
14Section
34. 196.491 (1) (bm) of the statutes is created to read:
SB534,21,1715
196.491
(1) (bm) "Cooperative association" means a cooperative association
16organized under ch. 185 for the purpose of generating, distributing or furnishing
17electric energy at retail or wholesale to its members only.
SB534, s. 35
18Section
35. 196.491 (1) (d) of the statutes is amended to read:
SB534,22,219
196.491
(1) (d) "Electric utility" means any public utility, as defined in s.
20196.01, which is involved in the generation, distribution and sale of electric energy,
21and any corporation, company, individual or association, and any cooperative
22association
organized under ch. 185 for the purpose of generating, distributing or
23furnishing electric energy at retail or wholesale to its members only, which owns or
24operates, or plans within the next
10 3 years to construct, own or operate,
bulk
1electric generating facilities, large electric generating facilities
or high-voltage
2transmission lines in the state.
SB534, s. 36
3Section
36. 196.491 (1) (e) of the statutes is amended to read:
SB534,22,54
196.491
(1) (e) "Facility" means
a bulk electric generating facility, a large
5electric generating facility or a high-voltage transmission line.
SB534, s. 37
6Section
37. 196.491 (1) (g) of the statutes is amended to read:
SB534,22,97
196.491
(1) (g) "Large electric generating facility" means electric generating
8equipment and associated facilities designed for nominal operation at a capacity of
9between 12,000 and 300,000 kilowatts 100 megawatts or more.
SB534, s. 38
10Section
38. 196.491 (1) (w) of the statutes is created to read:
SB534,22,1311
196.491
(1) (w) "Wholesale merchant plant" means electric generating
12equipment and associated facilities located in this state that do not provide service
13to any retail customer and that are owned and operated by any of the following:
SB534,22,1514
1. Subject to the approval of the commission under sub. (3m) (a), an affiliated
15interest of a public utility.
SB534,22,1616
2. A person that is not a public utility.
SB534, s. 39
17Section
39. 196.491 (2) (title) of the statutes is repealed and recreated to read:
SB534,22,1818
196.491
(2) (title)
Strategic energy assessment.
SB534, s. 40
19Section
40. 196.491 (2) (a) (intro.) of the statutes is repealed and recreated to
20read:
SB534,22,2421
196.491
(2) (a) (intro.) The commission shall prepare a biennial strategic
22energy assessment that evaluates the adequacy and reliability of the state's current
23and future electrical supply. The strategic energy assessment shall do all of the
24following:
SB534, s. 41
25Section
41. 196.491 (2) (a) 1. and 2. of the statutes are repealed.
SB534, s. 42
1Section
42. 196.491 (2) (a) 3. of the statutes is amended to read:
SB534,23,102
196.491
(2) (a) 3. Identify
the location of proposed and alternative specific sites
3for all bulk electric generating facilities and all and describe large electric generating
4facilities
over 200,000 kilowatts for which a certificate of public convenience and
5necessity has not been applied for under sub. (3) but the commencement of whose
6construction is planned within 3 years, or such longer period as the commission
7deems necessary and indicate the impacts of the proposed and alternative
8generating facilities on the environment and the means by which potential adverse
9effects on such values will be avoided or minimized; on which an electric utility plans
10to commence construction within 3 years.
SB534, s. 43
11Section
43. 196.491 (2) (a) 3g. of the statutes is created to read:
SB534,23,1312
196.491
(2) (a) 3g. Assess the adequacy and reliability of purchased generation
13capacity and energy to serve the needs of the public.
SB534, s. 44
14Section
44. 196.491 (2) (a) 3m. of the statutes is amended to read:
SB534,23,1915
196.491
(2) (a) 3m. Identify
the location of tentative and alternative routes for 16and describe high-voltage transmission lines on which
an electric utility plans to
17commence construction
is intended to be commenced in the succeeding 18 months
18and indicate the effects of such transmission lines on the environment and the means
19by which potential adverse effects will be avoided or minimized;
within 3 years.
SB534, s. 45
20Section
45. 196.491 (2) (a) 3r. of the statutes is created to read:
SB534,23,2321
196.491
(2) (a) 3r. Identify and describe any plans for assuring that there is an
22adequate ability to transfer electric power into the state and the transmission area,
23as defined in s. 196.485 (1) (g), in a reliable manner.
SB534, s. 46
24Section
46. 196.491 (2) (a) 4. of the statutes is amended to read:
SB534,24,2
1196.491
(2) (a) 4.
Indicate in detail Identify and describe the projected demand
2for electric energy and the basis for determining the projected demand
;.
SB534, s. 47
3Section
47. 196.491 (2) (a) 5. and 6. of the statutes are repealed.
SB534, s. 48
4Section
48. 196.491 (2) (a) 7. of the statutes is amended to read:
SB534,24,65
196.491
(2) (a) 7. Identify and describe
existing and planned programs and
6policies activities to discourage inefficient and excessive power use
; and.
SB534, s. 49
7Section
49. 196.491 (2) (a) 8. of the statutes is repealed.
SB534, s. 50
8Section
50. 196.491 (2) (a) 9. to 13. of the statutes are created to read:
SB534,24,109
196.491
(2) (a) 9. Identify and describe existing and planned generating
10facilities that use renewable sources of energy.
SB534,24,1311
10. Consider the public interest in economic development, public health and
12safety, protection of the environment and diversification of sources of energy
13supplies.
SB534,24,1514
11. Assess the extent to which the regional bulk-power market is contributing
15to the adequacy and reliability of the state's electrical supply.
SB534,24,1716
12. Assess the extent to which effective competition is contributing to a reliable,
17low-cost and environmentally sound source of electricity for the public.
SB534,24,1918
13. Assess whether sufficient electric capacity and energy will be available to
19the public at a reasonable price.
SB534, s. 51
20Section
51. 196.491 (2) (ag) of the statutes is created to read:
SB534,24,2321
196.491
(2) (ag) The commission shall promulgate rules that establish
22procedures and requirements for reporting information that is necessary for the
23commission to prepare strategic energy assessments under par. (a).
SB534, s. 52
24Section
52. 196.491 (2) (am) of the statutes is renumbered 196.491 (2r) and
25amended to read:
SB534,25,5
1196.491
(2r) (title)
Local ordinances. No local ordinance may prohibit or
2restrict testing activities undertaken by
a an electric utility for purposes of
preparing
3advance plans or determining the suitability of a site for the placement of a facility.
4Any local unit of government objecting to such testing may petition the commission
5to impose reasonable restrictions on such activity.
SB534, s. 53
6Section
53. 196.491 (2) (b) (intro.) of the statutes is repealed and recreated to
7read:
SB534,25,108
196.491
(2) (b) (intro.) On or before July 1 biennially, the commission shall
9issue a draft of the biennial strategic energy assessment that it prepares under par.
10(a) to each of the following:
SB534, s. 54
11Section
54. 196.491 (2) (b) 8. of the statutes is amended to read:
SB534,25,1512
196.491
(2) (b) 8. The lower Wisconsin state riverway board if the
plan draft 13includes
an assessment of the construction, modification or relocation of a
14high-voltage transmission line, as defined in s. 30.40 (3r), that is located in the lower
15Wisconsin riverway as defined in s. 30.40 (15).
SB534, s. 55
16Section
55. 196.491 (2) (b) 9. and 10. of the statutes are created to read:
SB534,25,1817
196.491
(2) (b) 9. Each person that is required to report information to the
18commission under the rules promulgated under par. (ag).
SB534,25,2019
10. The clerk of each city, village, town and county that, as determined by the
20commission, is affected by the assessment.
SB534, s. 56
21Section
56. 196.491 (2) (c) and (d) of the statutes are repealed.
SB534, s. 57
22Section
57. 196.491 (2) (e) of the statutes is amended to read:
SB534,26,223
196.491
(2) (e) Any
state agency, as defined in s. 16.375 (1), county,
24municipality, town or person may submit written comments
on any plan to the
1commission
on a strategic energy assessment within
180 90 days after
the plan is
2filed copies of the draft are issued under par. (b).
SB534, s. 58
3Section
58. 196.491 (2) (f) of the statutes is amended to read:
SB534,26,234
196.491
(2) (f)
Because the planning process for facilities siting otherwise
5incorporates consideration and analysis of environmental impact, s.
Section 1.11 (2)
6(c) shall not apply to
advance plans a strategic energy assessment prepared under
7par. (a) but the commission shall prepare a single environmental assessment on
all
8plans submitted for approval under par. (a) the strategic energy assessment, which
9shall include a discussion of generic issues
related thereto. Such and environmental
10impacts. The commission shall make the environmental assessment
shall be made 11available to the public at least 30 days prior to the hearing under par. (g).
The
12assessment on the plans is different from an environmental impact statement on a
13particular facility in that it need not identify the environmental effects of proposed
14sites for facilities in the plan with the same degree of detail as is required when a
15particular facility is considered for a certificate of public convenience and necessity
16under sub. (3). The assessment need not repeat information included in an
17assessment prepared for a plan submitted under par. (a) on a prior reporting date and
18with respect to which no material additional data is required or as to which there has
19been no material change in circumstances. Applicable portions of such assessment
20may be included by reference in any environmental impact statement prepared by
21the commission, including a statement prepared in connection with the
22consideration of an application for a certificate of public convenience and necessity
23under sub. (3).
SB534,28,2
1196.491
(2) (g)
Within 180
No sooner than 30 and no later than 90 days after
2the plan is filed copies of the draft are issued under par. (b), the commission shall hold
3a hearing
thereon on the draft which may not be a hearing under s. 227.42 or 227.44.
4The hearing shall be held in an administrative district, established by executive
5order 22, issued August 24, 1970, which the commission determines will be
6significantly affected by facilities
proposed in the plan to be constructed in the
7following on which an electric utility plans to commence construction within 3 years.
8The commission may thereafter adjourn the hearing to other locations or may
9conduct the hearing by interactive video conference or other electronic method.
10Notice of such hearing shall be given by class 1 notice, under ch. 985, published in
11the official state newspaper and such other regional papers of general circulation as
12may be designated by the commission. At such hearing the commission shall briefly
13describe the
plan strategic energy assessment and give all interested persons an
14opportunity, subject to reasonable limitations on the presentation of repetitious
15material, to express their views on any aspect of the
plan. The presentation of such
16views need not be under oath nor subject to cross-examination. The commission
17shall advise all persons present of their right to express their views orally or in
18writing, under oath or otherwise, and of the legal effect of each such form of testimony 19strategic energy assessment. A record of
unsworn testimony the hearing shall be
20made and considered by the commission as comments on the
plan strategic energy
21assessment under par. (e).
Persons presenting such views shall not be parties. The
22utility, any state agency, county, municipality, town, or any person whose substantial
23rights may be adversely affected by the testing for or construction of facilities
24described in an advance plan, shall, upon filing written notice setting forth its
1interest at least 10 days in advance, be afforded all the rights of a party in a contested
2case.
SB534, s. 60
3Section
60. 196.491 (2) (gm) of the statutes is created to read:
SB534,28,84
196.491
(2) (gm) Based on comments received on a draft, the commission shall
5prepare a final strategic energy assessment within 90 days after a hearing under par.
6(g). The commission shall provide copies of the final strategic energy assessment to
7any state agency, county, municipality, town or other person who submitted
8comments on the draft under par. (e) and to the persons specified in par. (b).
SB534, s. 61
9Section
61. 196.491 (2) (i) to (m) of the statutes are repealed.
SB534, s. 62
10Section
62. 196.491 (2m) (title) of the statutes is repealed.
SB534, s. 63
11Section
63. 196.491 (2m) of the statutes is renumbered 196.491 (3) (a) 3. a. and
12amended to read: