(4) Rules. The commission may promulgate rules that designate a resource, except for a conventional resource, as a renewable resource in addition to the resources specified in sub. (1) (h) 1. and 1m.
(5) Penalty. Any person who violates sub. (2) or any wholesale supplier who provides an electric provider with a false or misleading certification regarding the sources or amounts of energy supplied to the electric provider shall forfeit not less than $5,000 nor more than $500,000. Forfeitures under this subsection shall be enforced by action on behalf of the state by the attorney general. A court imposing a forfeiture under this subsection shall consider all of the following in determining the amount of the forfeiture:
(a) The appropriateness of the forfeiture to the person's or wholesale supplier's volume of business.
(b) The gravity of the violation.
(c) Whether a violation of sub. (2) is due to circumstances beyond the violator's control.
9,2335m
Section 2335m. 196.44 (2) (b) of the statutes is amended to read:
196.44 (2) (b) The attorney general may, on his or her own initiative, appear before the commission on telecommunications matters relating to consumer protection and antitrust. If acting under the authority granted by this paragraph, the attorney general shall have the rights accorded a party before the commission in its proceedings but may not appeal as a party a decision of the commission to the circuit court. This paragraph does not apply after June 30, 1999 2001.
9,2335ta
Section 2335ta. 196.485 (title) of the statutes is repealed and recreated to read:
196.485 (title) Transmission system requirements.
9,2335tb
Section 2335tb. 196.485 (1) (am) of the statutes is created to read:
196.485 (1) (am) "Contribute a transmission facility" means to divest a person's interest in the transmission facility and to transfer ownership of the transmission facility, and associated deferred tax reserves and deferred investment tax credits to the extent permitted by law, to another person.
9,2335tc
Section 2335tc. 196.485 (1) (be) of the statutes is created to read:
196.485 (1) (be) "Director" means, with respect to a transmission company organized as a corporation under ch. 180, a member of the board of directors of the transmission company.
9,2335td
Section 2335td. 196.485 (1) (bs) of the statutes is created to read:
196.485 (1) (bs) "Electric utility" means any of the following:
1. A public utility that is involved in the generation, transmission, distribution or sale of electric energy.
2. A retail or wholesale electric cooperative.
9,2335te
Section 2335te. 196.485 (1) (dm) (intro.) of the statutes is amended to read:
196.485 (1) (dm) (intro.) "Independent transmission owner" means:
1m. Means a person that satisfies each of the following:
9,2335tf
Section 2335tf. 196.485 (1) (dm) 1. of the statutes is renumbered 196.485 (1) (dm) 1m. a.
9,2335tg
Section 2335tg. 196.485 (1) (dm) 2. of the statutes is created to read:
196.485 (1) (dm) 2. Does not include the transmission company.
9,2335th
Section 2335th. 196.485 (1) (dm) 3. of the statutes is renumbered 196.485 (1) (dm) 1m. b. and amended to read:
196.485 (1) (dm) 1m. b. The person is not an affiliated interest of a person specified in subd. 1. 1m. a.
9,2335ti
Section 2335ti. 196.485 (1) (do) of the statutes is created to read:
196.485 (1) (do) "Land right" means any right in real property, including fee simple ownership or a right-of-way or easement, that has been acquired for a transmission facility that is located or intended to be located on the real property.
9,2335tk
Section 2335tk. 196.485 (1) (dq) of the statutes is created to read:
196.485 (1) (dq) "Manager" means, with respect to a transmission company organized as a limited liability company under ch. 183, the representatives of the security holders that are elected or appointed under sub. (3m) (c).
9,2335tL
Section 2335tL. 196.485 (1) (dr) of the statutes is created to read:
196.485
(1) (dr) "Merger enforcement policy" means the enforcement policy of the federal department of justice and the federal trade commission regarding horizontal acquisitions and mergers that are subject to
15 USC 1,
18 or
45.
9,2335tm
Section 2335tm. 196.485 (1) (ds) of the statutes is created to read:
196.485 (1) (ds) "Midwest independent system operator" means the independent system operator the establishment of which the federal energy regulatory commission has conditionally authorized in an order issued on September 16, 1998, or the successor to such independent system operator.
9,2335tn
Section 2335tn. 196.485 (1) (dt) of the statutes is created to read:
196.485 (1) (dt) "Nontransmission utility security holder" means a security holder that is not a transmission utility security holder.
9,2335to
Section 2335to. 196.485 (1) (dv) of the statutes is created to read:
196.485 (1) (dv) "Organizational start-up date" means, with respect to a transmission company that is organized as a limited liability company under ch. 183, the date on which the articles of organization become effective under s. 183.0111 or, with respect to a transmission company that is organized as a corporation under ch. 180, the date on which the articles of incorporation become effective under s. 180.0123.
9,2335tp
Section 2335tp. 196.485 (1) (em) of the statutes is created to read:
196.485 (1) (em) "Retail electric cooperative" means a cooperative that provides retail electric service to its members.
9,2335tq
Section 2335tq. 196.485 (1) (fe) of the statutes is created to read:
196.485 (1) (fe) "Security" means, with respect to a transmission company organized as a corporation under ch. 180, a share, as defined in s. 180.0103 (15), and, with respect to a transmission company organized as a limited liability company under ch. 183, a limited liability company interest, as defined in s. 183.0102 (11).
9,2335tr
Section 2335tr. 196.485 (1) (ge) of the statutes is created to read:
196.485 (1) (ge) "Transmission company" means a corporation organized under ch. 180 or a limited liability company organized under ch. 183 that has as its sole purpose the planning, constructing, operating, maintaining and expanding of transmission facilities that it owns to provide for an adequate and reliable transmission system that meets the needs of all users that are dependent on the transmission system and that supports effective competition in energy markets without favoring any market participant.
9,2335ts
Section 2335ts. 196.485 (1) (gm) of the statutes is created to read:
196.485 (1) (gm) "Transmission dependent utility" means an electric utility that is not a transmission utility and that is dependent on the transmission system of another person for delivering electricity to the electric utility's customers.
9,2335tt
Section 2335tt. 196.485 (1) (j) of the statutes is created to read:
196.485 (1) (j) "Transmission utility security holder" means a person that is a security holder of a transmission company, is an investor-owned transmission utility in the transmission area and has contributed its transmission facilities to the transmission company.
9,2335ttm
Section 2335ttm. 196.485 (1) (k) of the statutes is created to read:
196.485 (1) (k) "Wholesale electric cooperative" means a cooperative that provides wholesale electric service to its members.
9,2335tu
Section 2335tu. 196.485 (1m) of the statutes is created to read:
196.485 (1m) Duty to provide transmission service. (a) The duty of any electric utility that has contributed its transmission facilities to the transmission company to finance, construct, maintain or operate a transmission facility shall terminate on the date, as determined by the commission under sub. (2) (d), that the transmission company begins operations.
(b) After beginning operations, the transmission company shall, except for transmission service provided by an electric utility that has not transferred its transmission facilities to the the transmission company, have the exclusive duty to provide transmission service in those areas in which transmission facilities have been contributed. The duty under this paragraph shall terminate on the date, as determined by the commission under sub. (2) (d), that the Midwest independent system operator begins operations.
(c) After beginning operations, the Midwest independent system operator shall, except for transmission service provided by an electric utility that has not transferred control over its transmission facilities to the Midwest independent system operator, have the exclusive duty to provide transmission service in the transmission area and shall ensure that each transmission facility in the transmission area that is under its operational control is planned, constructed, operated, maintained and controlled as part of a single transmission system.
9,2335tv
Section 2335tv. 196.485 (2) (a) (intro.) of the statutes is amended to read:
196.485 (2) (a) (intro.) By June 30, 2000, if a transmission utility has not transferred control over its transmission facilities to an independent system operator that is approved by the applicable federal agency or divested, with approval of the applicable federal agency and, for a public utility, the commission, its interest in its transmission facilities to an independent transmission owner, the commission shall, subject to par. pars. (am) and (ar), order the transmission utility to apply to the applicable federal agency to do one of the following:
9,2335tw
Section 2335tw. 196.485 (2) (ar) of the statutes is created to read:
196.485 (2) (ar) The commission shall waive the requirement to issue an order against a transmission utility under par. (a) if the transmission utility shows, to the satisfaction of the commission, that a transfer of its transmission facilities to the Midwest independent system operator may have the effect of jeopardizing the tax-exempt status of the transmission utility or its securities under the Internal Revenue Code. A waiver under this paragraph shall be in effect until the commission determines that the proposed transfer does not have the effect described in this paragraph.
9,2335tx
Section 2335tx. 196.485 (2) (bx) of the statutes is created to read:
196.485 (2) (bx) If the Midwest system operator fails to commence operations or ceases operations, the requirements of this section that apply to the Midwest independent system operator shall apply to any other independent system operator or regional transmission organization that is authorized under federal law to operate in this state. The commission shall require that any transfer of transmission facilities to such independent system operator or regional transmission organization satisfies the requirements of this section.
9,2335ty
Section 2335ty. 196.485 (2) (d) of the statutes is created to read:
196.485 (2) (d) The commission shall determine each of the following:
1. The date on which the transmission company begins operations.
2. Whether the Midwest independent system operator has begun operations and the date on which such operations have begun.
9,2335tz
Section 2335tz. 196.485 (3) (bm) of the statutes is repealed.
9,2335ub
Section 2335ub. 196.485 (3m) of the statutes is created to read:
196.485 (3m) Transmission company. (a) Duties. 1. The transmission company shall do each of the following:
a. Apply for any approval under state or federal law that is necessary for the transmission company to begin operations no later than November 1, 2000.
b. Subject to any approval required under state or federal law, contract with each transmission utility that has transferred transmission facilities to the transmission company for the transmission utility to provide reasonable and cost-effective operation and maintenance services to the transmission company during the 3-year period after the transmission company first begins operations. The transmission company and a transmission utility may, subject to any approval required under federal or state law, agree to an extension of such 3-year period.
c. Assume the obligations of a transmission utility that has transferred ownership of its transmission facilities to the transmission company under any agreement by the transmission utility to provide transmission service over its transmission facilities or credits for the use of transmission facilities, except that the transmission company may modify such an agreement to the extent allowed under the agreement and to the extent allowed under state or federal law.
d. Apply for membership in the Midwest independent system operator as a single zone for pricing purposes that includes the transmission area and, upon a determination by the commission under sub. (2) (d) that the Midwest independent system operator has begun operations, transfer operational control of the transmission company's transmission facilities to the Midwest independent system operator.
e. Remain a member of the Midwest independent system operator, or any independent system operator or regional transmission organization that has been approved under federal law to succeed the Midwest independent system operator, for at least the 6-year transition period that is specified in the agreement conditionally approved by the federal energy regulatory commission that establishes the Midwest independent system operator.
f. Subject to subd. 4., elect to be included in a single zone for the purpose of any tariff administered by the Midwest independent system operator.
2. The transmission company may not do any of the following:
a. Sell or transfer its assets to, or merge its assets with, another person, unless the assets are sold, transferred or merged on an integrated basis and in a manner that ensures that the transmission facilities in the transmission area are planned, constructed, operated, maintained and controlled as a single transmission system.
b. Bypass the distribution facilities of an electric utility or provide service directly to a retail customer or member.
c. Own electric generation facilities or sell, market or broker electric capacity or energy in a relevant wholesale or retail market as determined by the commission, except that, if authorized or required by the federal energy regulatory commission, the transmission company may procure or resell ancillary services obtained from 3rd parties, engage in redispatch activities that are necessary to relieve transmission constraints or operate a control area.
3. Notwithstanding subd. 1. a., the transmission company may not begin operations until it provides an opinion to the commission from a nationally recognized investment banking firm that the transmission company is able to finance, at a reasonable cost, its start-up costs, working capital and operating expenses and the cost of any new facilities that are planned.
4. If the transmission charges or rates of any transmission utility in the transmission area are 10% or more below the average transmission charges or rates of the transmission utilities in the transmission area on the date, as determined by the commission, that the last public utility affiliate files a commitment with the commission under sub. (5) (a) 2., the transmission company shall, after consulting with each public utility affiliate that has filed a commitment under sub. (5) (a) 2., prepare a plan for phasing in a combined single zone rate for the purpose of pricing network use by users of the transmission system operated by the Midwest independent system operator and shall seek plan approval by the federal energy regulatory commission and the Midwest independent system operator. A plan under this subdivision shall phase in an average-cost price for the combined single zone in equal increments over a 5-year period, except that, under the plan, transmission service shall be provided to all users of the transmission system on a single-zone basis during the phase-in period.
(b) Powers. The transmission company may do any of the following:
1. Subject to the approval of the commission under s. 196.491 (3), construct and own transmission facilities, including high-voltage transmission lines, as defined in s. 196.491 (1) (f), in the transmission area or in any other area of the state in which transmission facilities that have been contributed to the transmission company are located. This subdivision does not affect the right or duty of an electric utility that is not located in the transmission area or that has not contributed its transmission facilities to the transmission company to construct or own transmission facilities.
2. Subject to any approval required under state or federal law, purchase or acquire transmission facilities in addition to the transmission facilities contributed under sub. (5) (b).
(c) Organization. The operating agreement, as defined in s. 183.0102 (16), of a transmission company that is organized as a limited liability company under ch. 183 or the bylaws of a transmission company that is organized as a corporation under ch. 180 shall provide for each of the following:
1. That the transmission company has no less than 5 nor more than 14 managers or directors, except that the operating agreement or bylaws may allow the requirements of this subdivision to be modified upon a unanimous vote of the managers or directors during the 10-year period after the organizational start-up date or upon a two-thirds vote of the board of directors or managers after such 10-year period.
2. That at least 4 managers or directors of the transmission company have staggered 4-year terms, are elected by a majority vote of the voting security holders and are not directors, employes or independent contractors of a person engaged in the production, sale, marketing, transmission or distribution of electricity or natural gas or of an affiliate of such a person.
3. That, during the 10-year period after the organizational start-up date, each of the following is satisfied, subject to the limitation on the number of managers or directors under subd. 1.:
a. Each nontransmission utility security holder that owns 10% or more of the outstanding voting securities of the transmission company may appoint one manager or director of the transmission company for a one-year term, except that the requirements of this subd. 3. a. may be modified upon a unanimous vote of the managers or directors.
b. Each group of nontransmission utility security holders that, as a group, owns 10% or more of the outstanding voting securities of the transmission company may appoint one manager or director of the transmission company for a one-year term if the group has entered into a written agreement regarding the appointment and the group files the agreement with the transmission company, except that the requirements of this subd. 3. b. may be modified upon a unanimous vote of the managers or directors.
bg. Each nontransmission utility security holder that makes an appointment under subd. 3. a. is not allowed to make an appointment under subd. 3. b. as a member of a group of nontransmission utility security holders.
br. Each nontransmission utility security holder that makes an appointment as a member of a group under subd. 3. b. is not allowed to make an appointment under subd. 3. a.
