Amendment AA10-AB389

AB389-AA10, s. 68k Section 68k. 196.52 (3) (c) 2. of the statutes is amended to read:

AB389-AA10,13,25 196.52 (3) (c) 2. Shall review the accounts of the affiliated interest as they relate to the contract or arrangement prior to the commission approving or disapproving the contract or arrangement under par. (a) (am); and

AB389-AA10, s. 68m Section 68m. 196.52 (3) (d) of the statutes is created to read:

AB389-AA10,14,11 196.52 (3) (d) On the effective date of this paragraph .... [revisor inserts date], each public utility and affiliated interest that, before the effective date of this paragraph .... [revisor inserts date], have entered into a contract or arrangement that involves an activity related to the sale, lease or service of appliances, or that involves the performance of plumbing, electrical, heating, ventilating, air conditioning or sheet metalworking contracting services, shall terminate the contract or arrangement if the activity or service is not performed in or on exempt real property. In this paragraph, "public utility" does not include a public utility that is, or is owned or wholly operated by, a municipal electric company, as defined in s. 66.073 (3) (d), or a city, village or town.

AB389-AA10, s. 68o Section 68o. 196.52 (4) (a) of the statutes is amended to read:

AB389-AA10,14,19 196.52 (4) (a) In any proceeding, whether upon the commission's own motion or upon application or complaint, involving the rates or practices of any public utility, the commission may exclude from the accounts of the public utility any payment or compensation to or from an affiliated interest for any services rendered or property or service furnished under an existing contract or arrangement with an affiliated interest under sub. (3) (a) unless the public utility establishes the reasonableness of the payment or compensation (am).

AB389-AA10, s. 68q Section 68q. 196.52 (6) of the statutes is amended to read:

AB389-AA10,15,6 196.52 (6) If the commission finds upon investigation that a public utility, other than a telecommunications utility, is giving effect to a contract or arrangement without the commission's approval under this section, the commission shall issue a summary order directing that public utility to cease and desist from making any payments, receiving compensation, providing any service or otherwise giving any effect to the contract or arrangement until the contract or arrangement receives the approval of the commission. The circuit court of Dane county may enforce the order to cease and desist by appropriate process, including the issuance of a preliminary injunction, upon the suit of the commission and may require a public utility to forfeit $2,000 for each day that the public utility has given effect to a contract or arrangement without the commission's approval.

AB389-AA10, s. 68s Section 68s. 196.52 (7m) of the statutes is created to read:

AB389-AA10,15,11 196.52 (7m) A public utility who violates sub. (3) (am) is liable to any person injured as a result of the violation for 3 times the amount of damages incurred as a result of the violation, together with costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.

AB389-AA10, s. 68u Section 68u. 196.59 of the statutes is amended to read:

AB389-AA10,15,18 196.59 Merchandising by utilities. Each public utility engaged in the production, transmission, delivery or furnishing of heat, light or power either directly or indirectly to or for the use of the public shall keep separate accounts to show any profit or loss resulting from the sale of appliances or other merchandise. The commission may not take the profit or loss into consideration in arriving at any rate to be charged for service by the public utility.

AB389-AA10, s. 68w Section 68w. 196.795 (1) (b) of the statutes is amended to read:

AB389-AA10,15,24 196.795 (1) (b) "Appliance" means any equipment used directly for lighting, cooking, drying, water tempering, space heating, space cooling or space ventilation. "Appliance" does not include equipment or devices which monitor or control the primary energy supply or source for any equipment used directly for lighting, cooking, drying, water tempering, space heating, space cooling or space ventilation.

AB389-AA10, s. 68y Section 68y. 196.795 (1) (fm) of the statutes is created to read:

AB389-AA10,16,2 196.795 (1) (fm) "Exempt real property" means real property that satisfies any of the following:

AB389-AA10,16,3 1. A public utility has an ownership or leasehold interest in the real property.

AB389-AA10,16,5 2. Except for real property that is an improvement, a public utility has an easement in the real property.

AB389-AA10,16,8 3. A public utility that is owned or operated wholly by a municipality or municipal electric company or a municipality or municipal electric company has an ownership or leasehold interest in the real property.

AB389-AA10,16,10 4. A cooperative association, as defined in s. 196.035 (1) (bg), has an ownership or leasehold interest in the real property.".

AB389-AA10,16,11 4. Page 58, line 4: after that line insert:

AB389-AA10,16,12 " Section 71g. 196.795 (1) (ik) of the statutes is created to read:

AB389-AA10,16,14 196.795 (1) (ik) "Municipal electric company" has the meaning given in s. 66.073 (3) (d).

AB389-AA10, s. 71r Section 71r. 196.795 (1) (im) of the statutes is created to read:

AB389-AA10,16,16 196.795 (1) (im) "Municipality" means a city, village or town.".

AB389-AA10,16,17 5. Page 59, line 10: after that line insert:

AB389-AA10,16,18 " Section 80b. 196.795 (5) (q) 1. of the statutes is repealed.

AB389-AA10, s. 80e Section 80e. 196.795 (5) (q) 2. (intro.) of the statutes is renumbered 196.795 (5) (q) and amended to read:

AB389-AA10,17,5 196.795 (5) (q) Except as provided under subd. 3., no No public utility affiliate or its subsidiary or a joint venture or partnership having a utility affiliate or its subsidiary as a member or partner may, in the service territory of the public utility affiliate, sell at retail, lease, install, maintain or service any appliance that uses as its primary energy source energy supplied by that public utility affiliate under rates and tariffs approved by the commission, unless the appliance is located in facilities owned or operated by that public utility affiliate or its subsidiary or unless the appliance is sold, leased, installed, maintained or serviced: located on exempt real property.

AB389-AA10, s. 80h Section 80h. 196.795 (5) (q) 2. a. of the statutes is repealed.

AB389-AA10, s. 80L Section 80L. 196.795 (5) (q) 2. b. of the statutes is repealed.

AB389-AA10, s. 80o Section 80o. 196.795 (5) (q) 2. c. of the statutes is repealed.

AB389-AA10, s. 80r Section 80r. 196.795 (5) (q) 3. of the statutes is repealed.

AB389-AA10, s. 80u Section 80u. 196.795 (5) (q) 4. of the statutes is repealed.".

AB389-AA10,17,11 6. Page 61, line 14: after that line insert:

AB389-AA10,17,12 " Section 87m. 196.795 (9m) of the statutes is amended to read:

AB389-AA10,17,22 196.795 (9m) (title) Private cause of action and forfeiture. Any company in a holding company system which does, causes or permits to be done any prohibited action under sub. (5) (c) to (dr), (f), (h), (k), (n), (q), (r) or (s), or fails to comply with any term, limitation or condition imposed under sub. (2) (e) or (f) consistent with sub. (5) (c) to (dr), (f), (h), (k), (n), (q), (r) or (s), is liable to any person injured thereby in treble for 3 times the amount of damages sustained in consequence incurred as a result of the prohibited action or failure to act, together with costs and, notwithstanding s. 814.04 (1), reasonable attorney fees, and shall forfeit $2,000 for each violation or failure to comply. Each day of violation or failure to comply is a separate violation or failure to comply.".

AB389-AA10,17,23 7. Page 67, line 7: after "(1)" insert "Certificate applications.".

AB389-AA10,17,24 8. Page 67, line 10: before "The" insert "License fee.".

AB389-AA10,18,1 9. Page 67, line 16: after that line insert:

AB389-AA10,18,6 "(2e) Contracts or arrangements with affiliates. The treatment of sections 196.52 (3) (am) 1. and 196.795 (1) (b) of the statutes, the renumbering and amendment of section 196.52 (3) (a) of the statutes and the creation of section 196.52 (3) (a) 2. of the statutes first apply to contracts or arrangements entered into, renewed, extended or modified on the effective date of this subsection.

AB389-AA10,18,10 (2m) Separation between public utilities and affiliated interests. The treatment of sections 196.035, 196.52 (3) (a) 2. and 196.795 (1) (b) of the statutes first applies to contracts for leases, sales or purchases or transactions that are entered into, renewed, extended or modified on the effective date of this subsection.

AB389-AA10,18,11 (2s) Forfeitures and attorney fees.

AB389-AA10,18,13 (a ) The treatment of section 196.795 (9m) of the statutes first applies to violations or failures to comply that occur on the effective date of this paragraph.

AB389-AA10,18,16 (b) The treatment of section 196.52 (6) and (7m) of the statutes first applies to contracts to which a public utility gives effect on, and violations that occur on, the effective date of this paragraph.

AB389-AA10, s. 95m Section 95m. Effective dates. This act takes effect on the day after publication, except as follows:

AB389-AA10,18,23 (1m) The treatment of sections 196.035, 196.52 (3) (a) 2., (am) 1., (b) 1., (c) 1. and 2. and (d), (4) (a), (6) and (7m), 196.59 and 196.795 (1) (b), (fm), (ik) and (im), (5) (q) 1., 2. (intro.), a., b. and c., 3. and 4. and (9m) of the statutes and the renumbering and amendment of section 196.52 (3) (a) of the statutes take effect on the first day of the 12th month beginning after publication.".

AB389-AA10,18,24 (End)