SB534,37,223
(e)
Exemption. An approval under par. (a) is not required for an affiliated
24interest to own, operate or control a wholesale merchant plant in Grant County if the
1affiliated interest owned, operated or controlled the wholesale merchant plant before
2January 1, 1998.
SB534,37,1311
196.491
(4) (b) (intro.) Subsection (3) does not apply to a person that constructs
12electric generating equipment and associated facilities if the person satisfies
the
13requirements specified in par. (a) 1. and 2. each of the following:
SB534, s. 86
14Section
86. 196.491 (4) (c) of the statutes is created to read:
SB534,37,1815
196.491
(4) (c) A certificate under sub. (3) is not required for a person to
16construct a high-voltage transmission line designed for operation at a nominal
17voltage of less than 230 kilovolts if all related construction activity takes place
18entirely within the area of an existing electric transmission line right-of-way.
SB534, s. 87
19Section
87. 196.491 (5) of the statutes is created to read:
SB534,37,2220
196.491
(5) Service standards for electric generation, transmission and
21distribution facilities. The commission shall promulgate rules that establish all of
22the following:
SB534,37,2323
(a) Standards for inspecting, maintaining and repairing each of the following:
SB534,37,2524
1. Electric generation facilities in this state that are owned by public utilities
25or provide service to public utilities under contracts with terms of 5 years or more.
SB534,38,2
12. Electric transmission or distribution facilities in this state that are owned
2by public utilities.
SB534,38,43
(b) Standards that the commission determines are necessary for the safe and
4reliable operation of each of the following:
SB534,38,65
1. Electric generation facilities in this state that are owned by public utilities
6or provide service to public utilities under contracts with terms of 5 years or more.
SB534,38,87
2. Electric transmission or distribution facilities in this state that are owned
8by public utilities.
SB534, s. 88
9Section
88. 196.492 of the statutes is repealed.
SB534, s. 89
10Section
89. 196.493 (1) of the statutes is amended to read:
SB534,38,1311
196.493
(1) Definition. In this section, "nuclear power plant" means a
12nuclear-fired large electric generating facility as defined under s. 196.491 (1) (g)
or
13a nuclear-fired bulk electric generating facility as defined under s. 196.491 (1) (a).
SB534, s. 90
14Section
90. 196.493 (2) (intro.) of the statutes is amended to read:
SB534,38,1815
196.493
(2) Limits on certification. (intro.) The commission may not certify
16under s. 196.49 (3) (b) or 196.491 (3) any nuclear power plant
and may not approve
17under s. 196.491 (2) any plan which includes a nuclear power plant unless the
18commission finds that:
SB534, s. 91
19Section
91. 196.494 of the statutes is created to read:
SB534,38,20
20196.494 Regional transmission planning.
(1) In this section:
SB534,38,2321
(a) "Electric utility" means a public utility, other than a municipal utility, as
22defined in s. 196.377 (2) (a) 3., that provides retail electric service to customers in this
23state.
SB534,39,3
1(b) "Transmission facility" means any pipe, pipeline, duct, wire, line, conduit,
2pole, tower, equipment or other structure used for the transmission of electric power
3as determined by the commission.
SB534,39,8
4(2) The commission shall conduct a study on identifying and relieving any
5constraint on an intrastate or interstate electric transmission system that adversely
6affects the reliability of transmission service provided to electric customers in this
7state and shall, no later than September 1, 1998, submit a report on the results of
8the study to the legislature in the manner provided under s. 13.172 (2).
SB534,39,17
9(3) No later than December 31, 2004, the commission may, under this
10subsection, issue an order requiring an electric utility to construct or procure, on a
11competitive basis, the construction of transmission facilities specified by the
12commission in its order if the commission determines that, based on the results of
13the study under sub. (2), such construction is necessary to relieve a constraint on a
14transmission system and the construction will materially benefit the customers of
15the electric utility or other electric utilities or of an independent system operator, as
16defined in s. 196.485 (1) (d), or independent transmission owner, as defined in s.
17196.485 (1) (dm).
SB534,39,20
18(4) The commission shall allow an electric utility to recover in its retail electric
19rates any costs that are prudently incurred by the utility in complying with an order
20under sub. (3).
SB534, s. 92
21Section
92. 196.53 of the statutes is amended to read:
SB534,40,4
22196.53 Franchise, foreign corporation not to have. No license, permit or
23franchise to own, operate, manage or control any plant or equipment for the
24production, transmission, delivery or furnishing of heat, light, water or power may
25be granted or transferred to a foreign corporation.
This section does not apply to an
1independent system operator, as defined in s. 196.485 (1) (d), or an independent
2transmission owner, as defined in s. 196.485 (1) (dm), that is approved by the
3applicable federal agency, as defined in s. 196.485 (1) (c), and that controls
4transmission facilities, as defined in s. 196.485 (1) (h), in this and another state.
SB534, s. 93
5Section
93. 196.795 (5) (pm) of the statutes is created to read:
SB534,40,66
196.795
(5) (pm) 1. In this paragraph:
SB534,40,127
a. "Foreign affiliate" means a person that is engaged in the production,
8transmission, delivery or furnishing of heat, light, power or natural gas either
9directly or indirectly to or for use of the public in another state, that is incorporated
10under the laws of another state, that is an affiliated interest, as defined in s. 196.52
11(1), of a public utility and that is operated on an integrated system basis, as
12determined by the commission, with the public utility.
SB534,40,1713
b. "Reliability council area" means the geographic area that, on December 31,
141997, was served by the Mid-America Interconnected Network, Inc., Mid-Continent
15Area Power Pool, East Central Area Reliability Coordination Agreement or
16Southwest Power Pool reliability council of the North American Electric Reliability
17Council.
SB534,40,2218
c. "Wholesale merchant plant" means electric generating equipment and
19associated facilities that are located in the reliability council area and that do not
20provide retail service to customers in this state, but does not include any equipment
21or facilities that were subject to regulation as public utility assets under the laws of
22this or another state on December 31, 1997.
SB534,40,2523
2. The assets of an eligible wholesale merchant plant shall not be included in
24the sum of the assets of a public utility affiliate under par. (p) 1. a., b. or c. and shall
25not be included in a nonutility affiliate's total assets under par. (p) 2. a.
SB534,41,3
13. The assets of a foreign affiliate shall be included in the sum of the assets of
2a public utility affiliate under par. (p) 1. a., b. or c. and shall not be included in a
3nonutility affiliate's total assets under par. (p) 2. a.
SB534, s. 94
4Section
94. 196.795 (7) (a) 1. b. of the statutes is amended to read:
SB534,41,75
196.795
(7) (a) 1. b. Any public utility or member of a cooperative association
6organized under ch. 185 which
files or has filed a plan under reports or has reported
7information to the commission under the rules promulgated under s. 196.491 (2)
(ag).
SB534, s. 94m
8Section 94m. 196.795 (11) (b) of the statutes is amended to read:
SB534,41,199
196.795
(11) (b) This section shall be deemed to legalize and confirm the
10formation, prior to November 28, 1985, of any holding company, which is not itself
11a public utility, and shall be deemed to legalize and confirm the operations and
12issuances of securities of the holding company, except that nothing in this section
13shall be deemed to prevent the commission from imposing reasonable terms,
14limitations or conditions on any holding company
which are consistent with the
15requirements of sub. (5) (pm) or which are consistent with and necessary to satisfy
16the requirements of sub. (5) (b) to (o) and (q) to (s) or which relate to future
17investments by the holding company unless the holding company owns, operates,
18manages or controls a telecommunications utility and does not also own, operate,
19manage or control a public utility which is not a telecommunications utility.
SB534, s. 95
20Section
95. 289.29 (5) of the statutes is amended to read:
SB534,42,221
289.29
(5) Issuance of final determination of feasibility in certain
22situations involving utilities and mining. If a determination of feasibility is
23required under s. 196.491 (2m) identified in the listing specified in s. 196.491 (3) (a)
243. a., the issuance of a final determination of feasibility is subject to the time
limits 25limit under s. 196.491 (3)
(f) and (ff) (a) 3. b. If a determination of feasibility is
1required under s. 293.43, the issuance of a final determination of feasibility is subject
2to the time limits under s. 293.45 (2) or 293.49, whichever is applicable.
SB534,42,44
(1)
Requests for proposals for electric generation capacity.
SB534,42,55
(a) In this subsection:
SB534,42,8
61. "Certificate" means a certificate issued by the commission under section
7196.49 of the statutes or under section 196.491 (3) of the statutes, as affected by this
8act.
SB534,42,9
92. "Commission" means the public service commission.
SB534,42,12
103. "Contractor" means a person specified in paragraph (b) 3. that enters into
11a contract with an eastern Wisconsin utility for the construction of electric
12generation capacity.
SB534,42,13
134. "Department" means the department of natural resources.
SB534,42,15
145. "Eastern Wisconsin utility" has the meaning given in section 196.377 (2) (a)
151. of the statutes, as created by this act.
SB534,42,17
166. "Reliability council" has the meaning given in section 196.377 (2) (a) 4. of the
17statutes, as created by this act.
SB534,42,2118
(b) By July 31, 1998, or a later date approved by the commission, each eastern
19Wisconsin utility that, before the effective date of this paragraph, has issued a
20request for proposals soliciting bids for contracts for the construction of new electric
21generation capacity shall do each of the following:
SB534,42,23
221. Complete its evaluation of the bids that were submitted in response to the
23request for proposals.
SB534,42,24
242. Select the bids for which it intends to award the contracts.
SB534,43,2
13. Enter into contracts with the persons who submitted the bids specified in
2subdivision 2. for the construction of the new electric generation capacity.
SB534,43,103
(c) Notwithstanding section 196.491 (3) (a) 1. of the statutes, as affected by this
4act, no later than August 31, 1998, each eastern Wisconsin utility specified in
5paragraph (b) (intro.) shall apply to the commission for any certificate that is
6required for construction of new electric generation capacity under the contracts into
7which it enters under paragraph (b) 3. and, if required under section 196.491 (3) (a)
83. a. of the statutes, as affected by this act, submit an engineering plan to the
9department as specified in section 196.491 (3) (a) 3. a. of the statutes, as affected by
10this act.
SB534,43,1411
(d) Notwithstanding section 196.491 (3) (a) 3. a. and b. of the statutes, as
12affected by this act, if an eastern Wisconsin utility specified in paragraph (b) (intro.)
13submits an engineering plan to the department under paragraph (c), the eastern
14Wisconsin utility and the department shall satisfy each of the following:
SB534,43,19
151. Within 15 days after the eastern Wisconsin utility provides the engineering
16plan, the department shall provide the eastern Wisconsin utility with a listing of
17each department permit or approval which, on the basis of the information contained
18in the engineering plan, appears to be required for the construction or operation of
19the facility.
SB534,43,22
202. Within 10 days after the department provides a listing specified in
21subdivision 1., the eastern Wisconsin utility shall apply for the permits and
22approvals identified in the listing.
SB534,44,6
233. The department shall determine whether an application under subdivision
242. is complete and, no later than 15 days after the application is filed, notify the
25applicant about the determination. If the department determines that the
1application is incomplete, the notice shall state the reason for the determination. An
2eastern Wisconsin utility may supplement and refile an application that the
3department has determined to be incomplete. There is no limit on the number of
4times that an applicant may refile an application under this subdivision. If the
5department fails to determine whether an application is complete within 15 days
6after the application is filed, the application shall be considered to be complete.
SB534,44,9
74. The department shall complete action on an application submitted under
8subdivision 2. or refiled under subdivision 3. within 45 days after the date on which
9the application is determined or considered to be complete under subdivision 3.
SB534,44,1310
(e) Notwithstanding section 196.491 (3) (a) 2., (b) and (g) 1. and 2. of the
11statutes, as affected by this act, the commission and an eastern Wisconsin utility
12specified in paragraph (b) (intro.) that applies for a certificate under section 196.491
13(3) of the statutes, as affected by this act, shall satisfy each of the following:
SB534,44,22
141. The commission shall determine whether the application is complete and,
15no later than 15 days after the application is filed, notify the applicant about the
16determination. If the commission determines that the application is incomplete, the
17notice shall state the reason for the determination. An eastern Wisconsin utility may
18supplement and refile an application that the commission has determined to be
19incomplete. There is no limit on the number of times that an eastern Wisconsin
20utility may refile an application under this subdivision. If the commission fails to
21determine whether an application is complete within 15 days after the application
22is filed, the application shall be considered to be complete.
SB534,45,2
232. The commission shall hold a public hearing on an application that is
24determined or considered to be complete under subdivision 1. in the area affected
1pursuant to section 227.44 of the statutes and, at least 15 days prior to the hearing,
2shall give a class 1 notice regarding the hearing under chapter 985 of the statutes.
SB534,45,6
33. The commission shall take final action on the application within 90 days
4after the application is determined or considered to be complete under subdivision
51. If the commission fails to take final action within the 90-day period, the
6commission is considered to have issued a certificate with respect to the application.
SB534,45,77
(2)
Submission of proposed rules.
SB534,45,118
(a) The public service commission shall submit in proposed form the rules
9required under section 196.03 (5m) of the statutes, as created by this act, to the
10legislative council staff under section 227.15 (1) of the statutes no later than the first
11day of the 6th month beginning after the effective date of this paragraph.
SB534,45,1512
(b) The public service commission shall submit in proposed form the rules
13required under section 196.491 (3m) (b) of the statutes, as created by this act, to the
14legislative council staff under section 227.15 (1) of the statutes no later than the first
15day of the 6th month beginning after the effective date of this paragraph.
SB534,45,1616
(3)
Exemption from emergency rule procedures.
SB534,45,2417
(a) Using the procedure under section 227.24 of the statutes, the public service
18commission may promulgate rules required under section 196.03 (5m) of the
19statutes, as created by this act, for the period before the effective date of permanent
20rules promulgated under section 196.491 (3m) (b) of the statutes, as created by this
21act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the
22statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the public
23service commission need not provide evidence of the necessity of preservation of the
24public peace, health, safety or welfare in promulgating rules under this paragraph.
SB534,46,8
1(b) Using the procedure under section 227.24 of the statutes, the public service
2commission may promulgate rules required under section 196.491 (3m) (b) of the
3statutes, as created by this act, for the period before the effective date of permanent
4rules promulgated under section 196.491 (3m) (b) of the statutes, as created by this
5act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the
6statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the public
7service commission need not provide evidence of the necessity of preservation of the
8public peace, health, safety or welfare in promulgating rules under this paragraph.
SB534,46,1210
(1) The treatment of section 30.025 (1) and (4) of the statutes first applies to
11engineering plans submitted in lieu of separate permit applications on the effective
12date of this subsection.
SB534,46,1513
(2) The treatment of sections 30.44 (3m) (a), (b) and (d), 30.45 (1r), 86.16 (1) and
14182.017 (1) of the statutes first applies to applications for permits that are filed on
15the effective date of this subsection.
SB534,46,1916
(3) The treatment of sections 32.02 (5) (a), 32.06 (7) and 32.09 (2m) of the
17statutes and the renumbering and amendment of section 32.02 (5) of the statutes
18first apply to petitions for condemnation proceedings that are filed on the effective
19date of this subsection.
SB534,46,2120
(4) The treatment of section 196.24 (3) of the statutes first applies to records
21of cases that are read or reviewed on the effective date of this subsection.
SB534,46,2422
(5) The treatment of section 196.39 (2) of the statutes and the renumbering and
23amendment of section 196.39 of the statutes first apply to orders issued and cases
24initiated on the effective date of this subsection.
SB534,47,6
1(6) The treatment of sections 196.491 (1) (a), (am), (bm), (d), (e), (g) and (w),
2(2m), (3) (a) 2. and 3. b., (b), (d) (intro.), 1., 2., 3. and 7., (dm), (e), (f), (ff), (g) (intro.),
31., 1m. and 2., (hm), (j) and (k) and (4) (a) (intro.), 1., 2. and 3., (b) and (c) and 196.493
4(1) and (2) (intro.) of the statutes and the renumbering and amendment of section
5196.491 (3) (a) of the statutes first apply to applications for certificates of public
6convenience and necessity that are filed on the effective date of this subsection.
SB534,47,87
(7) The treatment of section 289.29 (5) of the statutes first applies to feasibility
8reports that are submitted on the effective date of this subsection.
SB534,47,1010
(1)
This act takes effect on September 1, 1998.