SB534: Bill Text

SB534,40,17 b. "Reliability council area" means the geographic area that, on December 31, 1997, was served by the Mid-America Interconnected Network, Inc., Mid-Continent Area Power Pool, East Central Area Reliability Coordination Agreement or Southwest Power Pool reliability council of the North American Electric Reliability Council.

SB534,40,22 c. "Wholesale merchant plant" means electric generating equipment and associated facilities that are located in the reliability council area and that do not provide retail service to customers in this state, but does not include any equipment or facilities that were subject to regulation as public utility assets under the laws of this or another state on December 31, 1997.

SB534,40,25 2. The assets of an eligible wholesale merchant plant shall not be included in the sum of the assets of a public utility affiliate under par. (p) 1. a., b. or c. and shall not be included in a nonutility affiliate's total assets under par. (p) 2. a.

SB534,41,3 3. The assets of a foreign affiliate shall be included in the sum of the assets of a public utility affiliate under par. (p) 1. a., b. or c. and shall not be included in a nonutility affiliate's total assets under par. (p) 2. a.

SB534, s. 94 Section 94. 196.795 (7) (a) 1. b. of the statutes is amended to read:

SB534,41,7 196.795 (7) (a) 1. b. Any public utility or member of a cooperative association organized under ch. 185 which files or has filed a plan under reports or has reported information to the commission under the rules promulgated under s. 196.491 (2) (ag).

SB534, s. 94m Section 94m. 196.795 (11) (b) of the statutes is amended to read:

SB534,41,19 196.795 (11) (b) This section shall be deemed to legalize and confirm the formation, prior to November 28, 1985, of any holding company, which is not itself a public utility, and shall be deemed to legalize and confirm the operations and issuances of securities of the holding company, except that nothing in this section shall be deemed to prevent the commission from imposing reasonable terms, limitations or conditions on any holding company which are consistent with the requirements of sub. (5) (pm) or which are consistent with and necessary to satisfy the requirements of sub. (5) (b) to (o) and (q) to (s) or which relate to future investments by the holding company unless the holding company owns, operates, manages or controls a telecommunications utility and does not also own, operate, manage or control a public utility which is not a telecommunications utility.

SB534, s. 95 Section 95. 289.29 (5) of the statutes is amended to read:

SB534,42,2 289.29 (5) Issuance of final determination of feasibility in certain situations involving utilities and mining. If a determination of feasibility is required under s. 196.491 (2m) identified in the listing specified in s. 196.491 (3) (a) 3. a., the issuance of a final determination of feasibility is subject to the time limits limit under s. 196.491 (3) (f) and (ff) (a) 3. b. If a determination of feasibility is required under s. 293.43, the issuance of a final determination of feasibility is subject to the time limits under s. 293.45 (2) or 293.49, whichever is applicable.

SB534, s. 96 Section 96. Nonstatutory provisions.

SB534,42,4 (1) Requests for proposals for electric generation capacity.

SB534,42,5 (a) In this subsection:

SB534,42,8 1. "Certificate" means a certificate issued by the commission under section 196.49 of the statutes or under section 196.491 (3) of the statutes, as affected by this act.

SB534,42,9 2. "Commission" means the public service commission.

SB534,42,12 3. "Contractor" means a person specified in paragraph (b) 3. that enters into a contract with an eastern Wisconsin utility for the construction of electric generation capacity.

SB534,42,13 4. "Department" means the department of natural resources.

SB534,42,15 5. "Eastern Wisconsin utility" has the meaning given in section 196.377 (2) (a) 1. of the statutes, as created by this act.

SB534,42,17 6. "Reliability council" has the meaning given in section 196.377 (2) (a) 4. of the statutes, as created by this act.

SB534,42,21 (b) By July 31, 1998, or a later date approved by the commission, each eastern Wisconsin utility that, before the effective date of this paragraph, has issued a request for proposals soliciting bids for contracts for the construction of new electric generation capacity shall do each of the following:

SB534,42,23 1. Complete its evaluation of the bids that were submitted in response to the request for proposals.

SB534,42,24 2. Select the bids for which it intends to award the contracts.

SB534,43,2 3. Enter into contracts with the persons who submitted the bids specified in subdivision 2. for the construction of the new electric generation capacity.

SB534,43,10 (c) Notwithstanding section 196.491 (3) (a) 1. of the statutes, as affected by this act, no later than August 31, 1998, each eastern Wisconsin utility specified in paragraph (b) (intro.) shall apply to the commission for any certificate that is required for construction of new electric generation capacity under the contracts into which it enters under paragraph (b) 3. and, if required under section 196.491 (3) (a) 3. a. of the statutes, as affected by this act, submit an engineering plan to the department as specified in section 196.491 (3) (a) 3. a. of the statutes, as affected by this act.

SB534,43,14 (d) Notwithstanding section 196.491 (3) (a) 3. a. and b. of the statutes, as affected by this act, if an eastern Wisconsin utility specified in paragraph (b) (intro.) submits an engineering plan to the department under paragraph (c), the eastern Wisconsin utility and the department shall satisfy each of the following:

SB534,43,19 1. Within 15 days after the eastern Wisconsin utility provides the engineering plan, the department shall provide the eastern Wisconsin utility with a listing of each department permit or approval which, on the basis of the information contained in the engineering plan, appears to be required for the construction or operation of the facility.

SB534,43,22 2. Within 10 days after the department provides a listing specified in subdivision 1., the eastern Wisconsin utility shall apply for the permits and approvals identified in the listing.

SB534,44,6 3. The department shall determine whether an application under subdivision 2. is complete and, no later than 15 days after the application is filed, notify the applicant about the determination. If the department determines that the application is incomplete, the notice shall state the reason for the determination. An eastern Wisconsin utility may supplement and refile an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this subdivision. If the department fails to determine whether an application is complete within 15 days after the application is filed, the application shall be considered to be complete.

SB534,44,9 4. The department shall complete action on an application submitted under subdivision 2. or refiled under subdivision 3. within 45 days after the date on which the application is determined or considered to be complete under subdivision 3.

SB534,44,13 (e) Notwithstanding section 196.491 (3) (a) 2., (b) and (g) 1. and 2. of the statutes, as affected by this act, the commission and an eastern Wisconsin utility specified in paragraph (b) (intro.) that applies for a certificate under section 196.491 (3) of the statutes, as affected by this act, shall satisfy each of the following:

SB534,44,22 1. The commission shall determine whether the application is complete and, no later than 15 days after the application is filed, notify the applicant about the determination. If the commission determines that the application is incomplete, the notice shall state the reason for the determination. An eastern Wisconsin utility may supplement and refile an application that the commission has determined to be incomplete. There is no limit on the number of times that an eastern Wisconsin utility may refile an application under this subdivision. If the commission fails to determine whether an application is complete within 15 days after the application is filed, the application shall be considered to be complete.

SB534,45,2 2. The commission shall hold a public hearing on an application that is determined or considered to be complete under subdivision 1. in the area affected pursuant to section 227.44 of the statutes and, at least 15 days prior to the hearing, shall give a class 1 notice regarding the hearing under chapter 985 of the statutes.

SB534,45,6 3. The commission shall take final action on the application within 90 days after the application is determined or considered to be complete under subdivision 1. If the commission fails to take final action within the 90-day period, the commission is considered to have issued a certificate with respect to the application.

SB534,45,7 (2) Submission of proposed rules.

SB534,45,11 (a) The public service commission shall submit in proposed form the rules required under section 196.03 (5m) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this paragraph.

SB534,45,15 (b) The public service commission shall submit in proposed form the rules required under section 196.491 (3m) (b) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this paragraph.

SB534,45,16 (3) Exemption from emergency rule procedures.

SB534,45,24 (a) Using the procedure under section 227.24 of the statutes, the public service commission may promulgate rules required under section 196.03 (5m) of the statutes, as created by this act, for the period before the effective date of permanent rules promulgated under section 196.491 (3m) (b) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the public service commission need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this paragraph.

SB534,46,8 (b) Using the procedure under section 227.24 of the statutes, the public service commission may promulgate rules required under section 196.491 (3m) (b) of the statutes, as created by this act, for the period before the effective date of permanent rules promulgated under section 196.491 (3m) (b) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the public service commission need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this paragraph.

SB534, s. 97 Section 97. Initial applicability.

SB534,46,12 (1) The treatment of section 30.025 (1) and (4) of the statutes first applies to engineering plans submitted in lieu of separate permit applications on the effective date of this subsection.

SB534,46,15 (2) The treatment of sections 30.44 (3m) (a), (b) and (d), 30.45 (1r), 86.16 (1) and 182.017 (1) of the statutes first applies to applications for permits that are filed on the effective date of this subsection.

SB534,46,19 (3) The treatment of sections 32.02 (5) (a), 32.06 (7) and 32.09 (2m) of the statutes and the renumbering and amendment of section 32.02 (5) of the statutes first apply to petitions for condemnation proceedings that are filed on the effective date of this subsection.

SB534,46,21 (4) The treatment of section 196.24 (3) of the statutes first applies to records of cases that are read or reviewed on the effective date of this subsection.

SB534,46,24 (5) The treatment of section 196.39 (2) of the statutes and the renumbering and amendment of section 196.39 of the statutes first apply to orders issued and cases initiated on the effective date of this subsection.

SB534,47,6 (6) The treatment of sections 196.491 (1) (a), (am), (bm), (d), (e), (g) and (w), (2m), (3) (a) 2. and 3. b., (b), (d) (intro.), 1., 2., 3. and 7., (dm), (e), (f), (ff), (g) (intro.), 1., 1m. and 2., (hm), (j) and (k) and (4) (a) (intro.), 1., 2. and 3., (b) and (c) and 196.493 (1) and (2) (intro.) of the statutes and the renumbering and amendment of section 196.491 (3) (a) of the statutes first apply to applications for certificates of public convenience and necessity that are filed on the effective date of this subsection.

SB534,47,8 (7) The treatment of section 289.29 (5) of the statutes first applies to feasibility reports that are submitted on the effective date of this subsection.

SB534, s. 98 Section 98. Effective date.

SB534,47,10 (1) This act takes effect on September 1, 1998.

SB534,47,11 (End)