SB300, s. 36
5Section
36. 196.491 (3) (d) (intro.) of the statutes is amended to read:
SB300,19,96
196.491
(3) (d) (intro.) Except as provided under par. (e) and s. 196.493, the
7commission shall approve an application
filed under par. (a) 1. for a certificate of
8public convenience and necessity only if the commission determines all of the
9following:
SB300, s. 37
10Section
37. 196.491 (3) (e) of the statutes is amended to read:
SB300,19,1711
196.491
(3) (e) If
the an application
filed under par. (a) 1. does not meet the
12criteria under par. (d), the commission shall reject the application or approve the
13application with such modifications as are necessary for an affirmative finding under
14par. (d). The commission may not issue a certificate of public convenience and
15necessity
under this subsection until the department has issued all permits and
16approvals identified in the listing specified in par. (a) 3. a. that are required prior to
17construction.
SB300, s. 38
18Section
38. 196.491 (3) (g) 1. of the statutes is renumbered 196.491 (3) (g) and
19amended to read:
SB300,20,520
196.491
(3) (g) The commission shall take final action on an application
filed
21under par. (a) 1. within 180 days after the application is determined or considered
22to be complete under par. (a) 2. If the commission fails to take final action within the
23180-day period, the commission is considered to have issued a certificate of public
24convenience and necessity with respect to the application, unless the commission,
25within the 180-day period, petitions the circuit court for Dane County for an
1extension of time for taking final action on the application and the court grants an
2extension. Upon a showing of good cause, the court may extend the 180-day period
3for no more than an additional 180 days . If the commission fails to take final action
4within the extended period, the commission is considered to have issued a certificate
5of public convenience and necessity with respect to the application.
SB300, s. 39
6Section
39. 196.491 (3) (g) 1m. of the statutes is repealed.
SB300, s. 40
7Section
40. 196.491 (3) (ge) of the statutes is created to read:
SB300,20,108
196.491
(3) (ge) 1. The commission may reconsider a certificate of public
9convenience and necessity issued under this subsection for a facility if any of the
10following applies:
SB300,20,1211
a. Another state takes action on a matter related to the facility and the action
12is not consistent with the issuance of the certificate.
SB300,20,1613
b. An issue or information is considered in a proceeding in another state on a
14matter related to the facility, the issue or information was not considered by the
15commission, and the issue or information reasonably could have influenced the
16commission's decision to issue the certificate.
SB300,20,2017
2. If the commission reconsiders a certificate of public convenience and
18necessity under subd. 1., the commission shall determine whether the application for
19the certificate meets the criteria under par. (d) and the commission may revoke or
20amend the certificate.
SB300, s. 41
21Section
41. 196.491 (3) (gm) of the statutes is amended to read:
SB300,21,1122
196.491
(3) (gm) The commission may not approve an application filed after
23October 29, 1999, under this
section subsection for a certificate of public convenience
24and necessity for a high-voltage transmission line that is designed for operation at
25a nominal voltage of 345 kilovolts or more unless the approval includes the condition
1that the applicant shall pay the fees specified in sub. (3g) (a). If the commission has
2approved an application under this
section subsection for a certificate of public
3convenience and necessity for a high-voltage transmission line that is designed for
4operation at a nominal voltage of 345 kilovolts or more that was filed after
5April 1, 1999, and before October 29, 1999, the commission shall require the
6applicant to pay the fees specified in sub. (3g) (a). For any application subject to this
7paragraph, the commission shall determine the cost of the high-voltage
8transmission line, identify the counties, towns, villages and cities through which the
9high-voltage transmission line is routed and allocate the amount of investment
10associated with the high-voltage transmission line to each such county, town, village
11and city.
SB300, s. 42
12Section
42. 196.491 (3) (h) of the statutes is renumbered 196.491 (6).
SB300, s. 43
13Section
43. 196.491 (3) (j) of the statutes is amended to read:
SB300,21,1814
196.491
(3) (j) Any person whose substantial rights may be adversely affected
15or any county, municipality or town having jurisdiction over land affected by a
16certificate of public convenience and necessity
for which an application is filed under
17par. (a) 1. may petition for judicial review, under ch. 227, of any decision of the
18commission regarding the certificate.
SB300, s. 44
19Section
44. 196.491 (3b) of the statutes is created to read:
SB300,21,2420
196.491
(3b) Expedited review. (a) A person who proposes to construct a
21high-voltage transmission line may apply for a certificate of public convenience and
22necessity under this subsection if the construction is limited to adding conductors to
23existing transmission poles or towers and if all related construction activity takes
24place entirely within the area of an existing electric transmission line right-of-way.
SB300,22,4
1(b) The commission shall promulgate rules specifying the information that
2must be included in an application under this subsection. If the commission receives
3an application that complies with rules, the commission shall, as soon as practicable,
4notify the applicant that the commission has received a complete application.
SB300,22,105
(c) The commission is considered to have issued a certificate of public
6convenience and necessity under sub. (3) for construction specified in an application
7under par. (a) unless the commission notifies the applicant, no later than 30 business
8days after the date on which the commission notifies an applicant under par. (b) that
9the application is complete, that the commission has determined that the public
10interest requires the applicant to obtain a certificate under s. 196.49 (3).
SB300, s. 45
11Section
45. 196.491 (4) (c) of the statutes is renumbered 196.491 (4) (c) 1. and
12amended to read:
SB300,22,1613
196.491
(4) (c) 1. A certificate under sub. (3) is not required for a person to
14construct a high-voltage transmission line designed for operation at a nominal
15voltage of less than
230 345 kilovolts if all related construction activity takes place
16entirely within the area of an existing electric transmission line right-of-way.
SB300, s. 46
17Section
46. 196.491 (4) (c) 2. of the statutes is created to read:
SB300,22,2118
196.491
(4) (c) 2. The commission is not required to prepare an environmental
19impact statement under under s. 1.11 (2) (c) for construction that is specified in subd.
201., but shall prepare an environmental assessment regarding the construction if an
21environmental assessment is required under the commission's rules.
SB300, s. 47
22Section
47. 196.491 (4) (c) 3. of the statutes is created to read:
SB300,22,2523
196.491
(4) (c) 3. If construction or utilization of a high-voltage transmission
24line described in subd. 1. is precluded or inhibited by a local ordinance, the
25construction and utilization of the line may nevertheless proceed.
SB300, s. 48
1Section
48. 196.491 (6) (title) of the statutes is created to read:
SB300,23,22
196.491
(6) (title)
Waiver.
SB300,23,64
(1)
Revocation of certificates of public convenience and necessity. The
5treatment of section 196.491 (3) (ge) of the statutes first applies to certificates of
6public convenience and necessity issued on the effective date of this subsection.
SB300,23,97
(2)
Utility aid payments. The treatment of section 79.04 (6) (c) 3. and (7) (c) 1m.
8and (d) of the statutes first applies to distributions made on the 4th Monday of July
92005.
SB300,23,1410
(3)
Permit procedure for utility facilities. The treatment of sections 30.02
11(1) and (2), 30.025 (title), (1), (1b), (1e), (1m), (1s) (title) and (b), (2), (2g), (2s), (3)
12(intro.), (3m), and (4), and 30.206 (1m) of the statutes first applies to applications for
13permits filed with the department of natural resources on the effective date of this
14subsection.