LRB-2152/2
MDK:kjf:rs
2005 - 2006 LEGISLATURE
May 26, 2005 - Introduced by Senators Cowles and Plale, cosponsored by
Representatives Montgomery and Honadel. Referred to Committee on
Energy, Utilities and Information Technology.
SB219,1,3 1An Act to amend 196.491 (3) (e); and to create 196.491 (3) (a) 2m. of the
2statutes; relating to: applications for certificates of public convenience and
3necessity for certain electric generating facilities.
Analysis by the Legislative Reference Bureau
Under current law, a person may not construct an electric generating facility
with a capacity of 100 megawatts or more (facility) unless the Public Service
Commission (PSC) has issued a certificate of public convenience and necessity
(CPCN) for the facility. Current law imposes deadlines on the PSC's consideration
of an application that are based on the date that the PSC determines that the
application is complete. (If the PSC fails to determine whether an application is
complete, current law specifies a date that the application is considered to be
complete, and the deadlines are based on the date that the application is considered
to be complete.) Current law also specifies the criteria for the PSC to determine
whether to issue a CPCN. One of the criteria is whether the design and location of
the facility is in the public interest based on, among other things, alternative
locations.
This bill imposes requirements on the PSC's determination regarding whether
an application for a CPCN is complete. Under the bill, if an application is complete
in all other respects, the PSC must determine that the application is complete even
if one or more of the following apply: 1) the application includes some but not all of
the information necessary to evaluate or approve the construction of transmission
facilities that may be associated with the facility and a person other than the

applicant will construct, or be responsible for the construction of, the transmission
facilities; 2) the applicant proposes alternative construction sites that are contiguous
or proximate, provided that at least one of the proposed sites is an abandoned, idle,
or underused industrial or commercial site the expansion or redevelopment of which
is adversely affected by environmental contamination or is the site of a former or
existing facility; or 3) the applicant has not yet obtained all the permits or approvals
required for constructing the facility.
Current law also requires that, before a person may apply to the PSC for a
CPCN for a facility, the person must provide a plan for the proposed facility to the
Department of Natural Resources (DNR), which must identify the DNR permits and
approvals required for construction or operation of the facility. Current law imposes
deadlines on both the applicant and DNR with respect to applying and considering
applications for such permits and approvals. Current law provides that the PSC may
not issue a CPCN for a facility until DNR has issued to the applicant the DNR
permits and approvals that the DNR has identified are required prior to construction
(construction permits and approvals). Current law also requires the PSC to take
final action on an application for a CPCN by a deadline that begins to run on the date
that the application is considered complete. If the PSC fails to take final action by
the deadline, current law provides that the PSC is considered to have issued the
CPCN. In cases where DNR has not issued the construction permits and approvals
before the deadline, the PSC has taken final action on an application for a CPCN by
providing that the CPCN only takes effect when DNR issues such permits and
approvals.
The bill also eliminates the provision under current law that the PSC may not
issue a CPCN until the applicant has obtained all of the construction permits and
approvals. As a result, the PSC may issue a CPCN for a facility before an applicant
obtains the construction permits and approvals. The bill does not otherwise affect
the requirements for the construction permits and approvals.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB219, s. 1 1Section 1. 196.491 (3) (a) 2m. of the statutes is created to read:
SB219,2,42 196.491 (3) (a) 2m. If an application for a large electric generating facility is
3complete in all other respects, the commission shall determine that the application
4is complete under subd. 2. even if one or more of the following apply:
SB219,3,25 a. The application includes some but not all of the information necessary to
6evaluate or approve the construction of transmission facilities that may be
7associated with the proposed electric generating facility and a person other than the

1applicant will construct, or be responsible for the construction of, the transmission
2facilities.
SB219,3,63 b. The applicant proposes alternative construction sites for the facility that are
4contiguous or proximate, provided that at least one of the proposed sites is a
5brownfield, as defined in s. 560.13 (1) (a) or the site of a former or existing large
6electric generating facility.
SB219,3,87 c. The applicant has not yet obtained all the permits or approvals required for
8construction.
SB219, s. 2 9Section 2. 196.491 (3) (e) of the statutes is amended to read:
SB219,3,1510 196.491 (3) (e) If an application filed under par. (a) 1. does not meet the criteria
11under par. (d), the commission shall reject the application or approve the application
12with such modifications as are necessary for an affirmative finding under par. (d).
13The commission may not issue a certificate of public convenience and necessity under
14this subsection until the department has issued all permits and approvals identified
15in the listing specified in par. (a) 3. a. that are required prior to construction.
SB219, s. 3 16Section 3. Initial applicability.
SB219,3,1917 (1) The treatment of section 196.491 (3) (a) 2m. and (e) of the statutes first
18applies to applications filed with, pending before, or reopened or reconsidered by, the
19public service commission on the effective date of this subsection.
SB219,3,2020 (End)
Loading...
Loading...