AB133-SSA1-SA1,327,2423
1. Provide benefits in the form of support for electric distribution or
24transmission systems, power quality or environmental performance.
AB133-SSA1-SA1,328,3
12. Employ technologies such as combined heat and power systems, fuel cells,
2mircroturbines or photovoltalic systems that may be situated in, on or next to
3buildings or other electric load centers.
AB133-SSA1-SA1,328,74
(b) No later than January 1, 2001, the commission shall submit a report of its
5findings and recommendations under par. (a) to the chief clerk of each house of the
6legislature for distribution to the appropriate standing committees under s. 13.172
7(3).
AB133-SSA1-SA1,328,149
196.025
(5) (a) The commission shall contract with an expert consultant in
10economics to conduct a study on the potential for horizontal market power, including
11the horizontal market power of electric generators, to frustrate the creation of an
12effectively competitive retail electricity market in this state and to make
13recommendations on measures to eliminate such market power on a sustainable
14basis. The study shall include each of the following:
AB133-SSA1-SA1,328,1615
1. An assessment of the effect of each recommendation on public utility workers
16and shareholders and on rates for each class of public utility customers.
AB133-SSA1-SA1,328,1817
2. An evaluation of the impact of transmission constraints on the market power
18of electric generators in local areas.
AB133-SSA1-SA1,328,2119
(b) No later than January 1, 2001, the commission shall submit a report of the
20results of the study under par. (a) to the chief clerk of each house of the legislature
21for distribution to the appropriate standing committees under s. 13.172 (3).
AB133-SSA1-SA1,328,25
23196.192 Market-based compensation, rates and contracts. (1) In this
24section, "electric public utility" means a public utility whose purpose is the
25generation, distribution and sale of electric energy.
AB133-SSA1-SA1,329,2
1(2) No later than March 1, 2000, each investor-owned electric public utility
2shall do each of the following:
AB133-SSA1-SA1,329,53
(a) File with the commission rates that result in customers receiving
4market-based compensation for voluntary interruptions of firm load during peak
5periods of electric use.
AB133-SSA1-SA1,329,96
(b) File with the commission market-based pricing options and options for
7individual contracts that allow a retail customer, through service from its existing
8public utility, to receive market benefits and subject itself to market risks for the
9customer's purchases of capacity or energy.
AB133-SSA1-SA1,329,14
10(3) (a) The commission shall approve market-based rates that are consistent
11with the options specified in sub. (2), except that the commission may not approve
12a market-based rate unless the commission determines that the rate will not harm
13shareholders of the investor-owned electric public utility or customers who are not
14subject to the rate.
AB133-SSA1-SA1,329,1715
(b) Nothing in s. 196.20, 196.21, 196.22, 196.37, 196.60 or 196.604 prohibits the
16commission from approving a filing under sub. (2) or approving market-based rates
17under par. (a).
AB133-SSA1-SA1,329,21
18(4) Subject to any approval of the commission that is necessary, an electric
19public utility that is not an investor-owned electric public utility may implement
20market-based rates approved under sub. (3) (a) or implement the options in filings
21under sub. (2) that are approved by the commission.".
AB133-SSA1-SA1,330,4
1196.31
(1) (intro.) In any proceeding before the commission, the commission
2may shall compensate any participant in the proceeding who is not a public utility,
3for some or all of the reasonable costs of participation in the proceeding if the
4commission finds that:
AB133-SSA1-SA1,330,96
196.31
(1) (a) The participation is necessary to provide for the record an
7adequate presentation of a significant position in which the participant has a
8substantial interest, and that an adequate presentation would not
be possible occur 9without a grant of compensation; or
AB133-SSA1-SA1,330,12
11196.374 Low-income assistance, energy efficiency and other
12programs. (1) In this section:
AB133-SSA1-SA1,330,1313
(a) "Department" means the department of administration.
AB133-SSA1-SA1,330,1414
(b) "Fund" means the utility public benefits fund.
AB133-SSA1-SA1,330,1815
(c) "Utility" means a Class A gas or electric utility, as defined by the
16commission, but does not include a municipal utility, as defined in s. 16.957 (1) (q),
17a municipal electric company, as defined in s. 66.073 (3) (d), or a cooperative
18association organized under ch. 185.
AB133-SSA1-SA1,330,22
19(2) The commission shall determine the amount that each utility spent in 1998
20on programs for low-income assistance, including writing off uncollectibles and
21arrearages, low-income weatherization, energy conservation and efficiency,
22environmental research and development, and renewable resources.
AB133-SSA1-SA1,331,7
23(3) In 1999, 2000 and 2001, the commission shall require each utility to spend
24a decreasing portion of the amount determined under sub. (2) on programs specified
25in sub. (2) and contribute the remaining portion of the amount to the commission for
1deposit in the fund. In each year after 2001, each utility shall contribute the entire
2amount determined under sub. (2) to the commission for deposit in the fund. The
3commission shall ensure in rate-making orders that a utility recovers from its
4ratepayers the amounts spent on programs or contributed to the fund under this
5subsection. The commission shall allow each utility the option of continuing to use,
6until January 1, 2001, the moneys that it has recovered under s. 196.374 (3), 1997
7stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats.
AB133-SSA1-SA1,331,108
The commission may allow each utility to spend additional moneys on the programs
9specified in sub. (2) if the utility otherwise complies with the requirements of this
10section and s. 16.957 (4).
AB133-SSA1-SA1,331,15
11(4) If the department notifies the commission under s. 16.957 (2) (b) 2. that the
12department has reduced funding for energy conservation and efficiency and
13renewable resource programs, the commission shall reduce the amount that a utility
14is required to spend on programs or contribute to the fund under sub. (3) by the
15percentage by which the department has reduced the funding.
AB133-SSA1-SA1,331,17
17196.378 Renewable resources. (1) Definitions. In this section:
AB133-SSA1-SA1,331,2318
(a) "Biomass" means a resource that derives energy from wood or plant
19material or residue, biological waste, crops grown for use as a resource or landfill
20gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or
21nonvegetation-based industrial, commercial or household waste, except that
22"biomass" includes refuse-derived fuel used for a renewable facility that was in
23service in this state before January 1, 1998.
AB133-SSA1-SA1,331,2524
(b) "Conventional resource" means a resource that derives energy from coal, oil,
25nuclear power or natural gas, except for natural gas used in a fuel cell.
AB133-SSA1-SA1,332,1
1(bm) "Department" means the department of administration.
AB133-SSA1-SA1,332,22
(c) "Electric provider" means an electric utility or retail electric cooperative.
AB133-SSA1-SA1,332,63
(d) "Electric utility" means a public utility that sells electricity at retail. For
4purposes of this paragraph, a public utility is not considered to sell electricity at
5retail solely on the basis of its ownership or operation of a retail electric distribution
6system.
AB133-SSA1-SA1,332,117
(e) "Excludable renewable capacity" means the portion of an electric provider's
8total renewable capacity that is supplied from renewable facilities that were placed
9in service before January 1, 1998, and that, before January 1, 1998, derived
10electricity from hydroelectric power, even if the output of the renewable facilities is
11used to satisfy requirements under federal law.
AB133-SSA1-SA1,332,1712
(f) "Nonsystem renewable energy" means the amount of electricity that an
13electric provider sells to its retail customers or members and that is supplied or
14allocated under executed wholesale purchase contracts from renewable facilities
15that are not owned or operated by the electric provider. "Nonsystem renewable
16energy" does not include any electricity that is not used to satisfy the electric
17provider's retail load obligations.
AB133-SSA1-SA1,332,2318
(g) "Renewable facility" means an installed and operational electric generating
19facility in which energy is derived from a renewable resource. "Renewable facility"
20includes a facility the installation or operation of which is required under federal law,
21but does not include a facility the installation or operation of which is required under
22the laws of another state even if the installation or operation of the facility is also
23required under federal law.
AB133-SSA1-SA1,332,2424
(h) "Renewable resource" means any of the following:
AB133-SSA1-SA1,332,2525
1. A resource that derives electricity from any of the following:
AB133-SSA1-SA1,333,1
1a. A fuel cell that uses, as determined by the commission, a renewable fuel.
AB133-SSA1-SA1,333,22
b. Tidal or wave action.
AB133-SSA1-SA1,333,33
c. Solar thermal electric or photovoltaic energy.
AB133-SSA1-SA1,333,55
e. Geothermal technology.
AB133-SSA1-SA1,333,87
1m. A resource with a capacity of less than 60 megawatts that derives
8electricity from hydroelectric power.
AB133-SSA1-SA1,333,109
2. Any other resource, except a conventional resource, that the commission
10designates as a renewable resource in rules promulgated under sub. (4).
AB133-SSA1-SA1,333,1211
(i) "Renewable resource credit" means a credit calculated in accordance with
12rules promulgated under sub. (3) (a).
AB133-SSA1-SA1,333,1313
(j) "Resource" means a source of electric power generation.
AB133-SSA1-SA1,333,1814
(k) "Retail electric cooperative" means a cooperative association organized
15under ch. 185 that sells electricity at retail to its members only. For purposes of this
16paragraph, a cooperative association is not considered to sell electricity at retail
17solely on the basis of its ownership or operation of a retail electric distribution
18system.
AB133-SSA1-SA1,333,2119
(n) "System renewable energy" means the amount of electricity that an electric
20provider sells to its retail customers or members and that is supplied by renewable
21facilities owned or operated by the electric provider.
AB133-SSA1-SA1,333,2322
(o) "Total renewable energy" means the sum of an electric provider's system and
23nonsystem renewable energy.
AB133-SSA1-SA1,334,2
24(2) Renewable resource energy. (a) Each electric provider shall provide to its
25retail electric customers or members total renewable energy in at least the following
1percentages of its total retail energy sales, either directly or through renewable
2resource credits from another electric provider:
AB133-SSA1-SA1,334,33
1. By December 31, 2000, 0.5%.
AB133-SSA1-SA1,334,44
2. By December 31, 2002, 0.85%.
AB133-SSA1-SA1,334,55
3. By December 31, 2004, 1.2%.
AB133-SSA1-SA1,334,66
4. By December 31, 2006, 1.55%.
AB133-SSA1-SA1,334,77
5. By December 31, 2008, 1.9%.
AB133-SSA1-SA1,334,88
6. By December 31, 2010, 2.2%.
AB133-SSA1-SA1,334,99
(b) For purposes of determining compliance with par. (a):
AB133-SSA1-SA1,334,1110
1. Total retail energy sales shall be calculated on the basis of an average of an
11electric provider's retail energy sales in this state during the prior 3 years.
AB133-SSA1-SA1,334,1612
2. The amount of electricity supplied by a renewable facility in which biomass
13and conventional fuels are fired together shall be equal to the product of the
14maximum amount of electricity that the facility is capable of generating and the ratio
15of the British thermal unit content of the biomass fuels to the British thermal unit
16content of both the biomass and conventional resource fuels.
AB133-SSA1-SA1,334,1917
3. Any excludable renewable energy that exceeds 0.6% of an electric provider's
18total retail energy sales shall be excluded from the electric provider's total renewable
19energy.
AB133-SSA1-SA1,334,2520
(c) No later than April 15 annually, an electric provider shall submit a report
21to the department that describes the electric provider's compliance with par. (a).
22Reports under this paragraph may include certifications from wholesale suppliers
23regarding the sources and amounts of energy supplied to an electric provider. The
24department may specify the documentation that is required to be included with
25reports submitted under this paragraph.
AB133-SSA1-SA1,335,5
1(d) The commission shall allow an electric utility to recover from ratepayers the
2cost of providing total renewable energy to its retail customers or members in
3amounts that equal or exceed the percentages specified in par. (a). Subject to any
4approval of the commission that is necessary, an electric utility may recover costs
5under this paragraph by any of the following methods:
AB133-SSA1-SA1,335,76
1. Allocating the costs equally to all customers or members on a kilowatt-hour
7basis.
AB133-SSA1-SA1,335,98
2. Establishing alternative price structures, including price structures under
9which customers or members pay a premium for renewable energy.
AB133-SSA1-SA1,335,1010
3. Any combination of the methods specified in subds. 1. and 2.
AB133-SSA1-SA1,335,1111
(e) 1. This subsection does not apply to any of the following:
AB133-SSA1-SA1,335,1312
a. An electric provider that provides more than 10% of its summer peak demand
13in this state from renewable facilities.
AB133-SSA1-SA1,335,1514
b. An electric provider that provides more than 10% of its summer peak demand
15from renewable resources.
AB133-SSA1-SA1,335,1816
2. For purposes of calculating the percentages under subd. 1., an electric
17provider may include renewable facilities located in this or another state and
18renewable facilities located on its or another electric provider's system.
AB133-SSA1-SA1,335,2219
3. Notwithstanding subd. 1., this subsection applies to an electric provider
20unless the electric provider provides documentation to the commission that
21establishes, to the satisfaction of the commission, that the electric provider satisfies
22the requirements under subd. 1. a. or b.
AB133-SSA1-SA1,336,6
23(3) Renewable resource credits. (a) An electric provider that provides total
24renewable energy to its retail electric customers or members in excess of the
25percentages specified in sub. (2) (a) 1. to 6. may, in the applicable year, sell to any
1other electric provider a renewable resource credit or a portion of a renewable
2resource credit at any negotiated price. Alternatively, an electric provider may use
3a renewable resource credit or portion of a renewable resource credit in a subsequent
4year to establish compliance with sub. (2) (a). The commission shall promulgate
5rules that establish requirements for calculating the amount of a renewable resource
6credit.
AB133-SSA1-SA1,336,87
(b) The commission may promulgate rules that establish requirements and
8procedures for a sale under par. (a).
AB133-SSA1-SA1,336,11
9(4) Rules. The commission may promulgate rules that designate a resource,
10except for a conventional resource, as a renewable resource in addition to the
11resources specified in sub. (1) (g) 1. and 1m.
AB133-SSA1-SA1,336,18
12(5) Penalty. Any person who violates sub. (2) or any wholesale supplier who
13provides an electric provider with a false or misleading certification regarding the
14sources or amounts of energy supplied to the electric provider shall forfeit not less
15than $5,000 nor more than $500,000. Forfeitures under this subsection shall be
16enforced by action on behalf of the state by the attorney general. A court imposing
17a forfeiture under this subsection shall consider all of the following in determining
18the amount of the forfeiture:
AB133-SSA1-SA1,336,2019
(a) The appropriateness of the forfeiture to the person's or wholesale supplier's
20volume of business.
AB133-SSA1-SA1,336,2121
(b) The gravity of the violation.
AB133-SSA1-SA1,336,2322
(c) Whether a violation of sub. (2) is due to circumstances beyond the violator's
23control.".
AB133-SSA1-SA1,337,2
1"
Section 2335ta. 196.485 (title) of the statutes is repealed and recreated to
2read:
AB133-SSA1-SA1,337,3
3196.485 (title)
Transmission system requirements.
AB133-SSA1-SA1,337,75
196.485
(1) (am) "Contribute a transmission facility" means to divest a person's
6interest in the transmission facility and to transfer ownership of the transmission
7facility and associated deferred tax reserves to another person.