AB649-ASA1,91,1412 3. A conservation certificate is eligible to be included in a renewable energy
13percentage until an electric provider uses the certificate in the electric provider's
14renewable energy percentage or the owner of the certificate retires the certificate.
AB649-ASA1,91,1615 (c) A conservation certificate based on a project at an eligible facility may be
16created only if all of the following are satisfied:
AB649-ASA1,91,1817 1. The project is installed under a utility-administered program, a
18supplemental utility program, or a commitment to community program.
AB649-ASA1,91,2019 2. The project is implemented or placed into service on or after the effective date
20of this subdivision .... [LRB inserts date].
AB649-ASA1,92,521 3. If the project is installed under a utility-administered program or
22supplemental utility program, the person installing the project complies with labor
23standards for the work force involved in the project specified by rule by the
24commission. The rules shall specify minimum wages that must be paid to a specified
25percentage of the work force, minimum health care benefits that the must be

1provided to the work force, and apprenticeship and training requirements for the
2work force. The rules shall also allow the commission to waive application of any
3requirement under the rules under conditions specified in the rules. To the extent
4practicable, the rules shall minimize the regulatory burden of complying with the
5rules.
AB649-ASA1, s. 220 6Section 220. 196.378 (4) of the statutes, as affected by 2009 Wisconsin Act 40,
7is repealed.
AB649-ASA1, s. 221 8Section 221. 196.378 (4m) (a) of the statutes is amended to read:
AB649-ASA1,92,169 196.378 (4m) (a) The commission may not impose on an electric provider any
10requirement that increases the electric provider's renewable energy percentage or
11in-state percentage
beyond that required under sub. (2) (a) 2. the renewable portfolio
12standard.
If an electric provider is in compliance with the requirements of sub. (2)
13(a) 2.
renewable portfolio standard, the commission may not require the electric
14provider to undertake, administer, or fund any other renewable energy program.
15This paragraph does not limit the authority of the commission to enforce an electric
16provider's obligations under s. 196.374.
AB649-ASA1, s. 222 17Section 222. 196.378 (4m) (b) of the statutes is amended to read:
AB649-ASA1,92,2218 196.378 (4m) (b) An electric utility may, with commission approval, administer
19or fund a program that increases the electric utility's renewable energy percentage
20or in-state percentage beyond that required under sub. (2) (a) 2. the renewable
21portfolio standard.
The commission may not order an electric utility to administer
22or fund a program under this paragraph.
AB649-ASA1, s. 223 23Section 223. 196.378 (5) (intro.) of the statutes is amended to read:
AB649-ASA1,93,624 196.378 (5) Penalty. (intro.) Any person who violates sub. (2) or any renewable
25energy supplier who
provides an electric provider with a false or misleading

1certification information regarding the sources or amounts of renewable energy
2supplied at wholesale to the electric provider shall forfeit not less than $5,000 nor
3more than $500,000. Forfeitures under this subsection shall be enforced by action
4on behalf of the state by the attorney general. A court imposing a forfeiture under
5this subsection shall consider all of the following in determining the amount of the
6forfeiture:
AB649-ASA1, s. 224 7Section 224. 196.378 (5) (a) of the statutes is amended to read:
AB649-ASA1,93,98 196.378 (5) (a) The appropriateness of the forfeiture to the person's or
9wholesale supplier's
volume of business.
AB649-ASA1, s. 225 10Section 225. 196.378 (6) of the statutes is created to read:
AB649-ASA1,93,1711 196.378 (6) Coordination with federal law. The commission shall minimize
12reporting and other compliance requirements on electric providers to the maximum
13extent allowed under this section for the purpose of coordination with any similar
14requirements under federal law. If the commission determines that statutory
15changes to this section are necessary to comply with this subsection, the commission
16shall submit a report recommending the statutory changes to the legislature in the
17manner described under s. 13.172 (3).
AB649-ASA1, s. 226 18Section 226. 196.49 (1) of the statutes is renumbered 196.49 (1r).
AB649-ASA1, s. 227 19Section 227. 196.49 (1g) of the statutes is created to read:
AB649-ASA1,93,2020 196.49 (1g) In this section:
AB649-ASA1,93,2421 (a) "Nuclear power plant" means a nuclear power plant, as defined in s. 196.491
22(1) (j), for which the commission has issued a certificate of public convenience and
23necessity under s. 196.491 (3) on or after the date specified in the notice published
24under s. 196.493 (3) (b).
AB649-ASA1,94,2
1(b) "Nuclear power plant owner or operator" means a person, other than a
2public utility, that owns or operates a nuclear power plant.
AB649-ASA1, s. 228 3Section 228. 196.49 (2) of the statutes is amended to read:
AB649-ASA1,94,224 196.49 (2) No public utility may begin the construction, installation, or
5operation of any new plant, equipment, property, or facility, nor the construction or
6installation of any extension, improvement, or addition to its existing plant,
7equipment, property, apparatus, or facilities, and no nuclear power plant owner or
8operator may begin the construction or installation of any extension, improvement,
9or addition to a nuclear power plant or equipment, property, apparatus, or facilities
10for a nuclear power plant,
unless the public utility or nuclear power plant owner or
11operator
has complied with any applicable rule or order of the commission. If a
12cooperative association has been incorporated under ch. 185 for the production,
13transmission, delivery or furnishing of light or power and has filed with the
14commission a map of the territory to be served by the association and a statement
15showing that a majority of the prospective consumers in the area are included in the
16project, no public utility may begin any such construction, installation or operation
17within the territory until after the expiration of 6 months from the date of filing the
18map and notice. If the cooperative association has entered into a loan agreement
19with any federal agency for the financing of its proposed system and has given
20written notice of the agreement to the commission, no public utility may begin any
21construction, installation or operation within the territory until 12 months after the
22date of the loan agreement.
AB649-ASA1, s. 229 23Section 229. 196.49 (3) (a) of the statutes is amended to read:
AB649-ASA1,95,924 196.49 (3) (a) In this subsection, "project" means construction of any new plant,
25equipment, property, or facility, or extension, improvement, or addition to its existing

1plant, equipment, property, apparatus, or facilities, and "project" includes
2construction by a nuclear power plant owner or operator of any extension,
3improvement, or addition to a nuclear power plant or to equipment, property,
4apparatus, or facilities for a nuclear power plant
. The commission may require by
5rule or special order that a public utility or nuclear power plant owner or operator
6submit, periodically or at such times as the commission specifies and in such detail
7as the commission requires, plans, specifications, and estimated costs of any
8proposed project which the commission finds will materially affect the public
9interest.
AB649-ASA1, s. 230 10Section 230. 196.49 (3) (cm) of the statutes is created to read:
AB649-ASA1,95,1511 196.49 (3) (cm) The commission may attach to the issuance of a certificate
12under this section for a project by a nuclear power plant owner or operator such terms
13and conditions that the commission determines are in the public interest. Any term
14or condition so attached shall apply to any successor in interest of the nuclear power
15plant owner or operator to whom a certificate is issued.
AB649-ASA1, s. 231 16Section 231. 196.49 (4) of the statutes is amended to read:
AB649-ASA1,95,2017 196.49 (4) The commission may not issue a certificate under sub. (1) (1r), (2),
18or (3) for the construction of electric generating equipment and associated facilities
19unless the commission determines that brownfields, as defined in s. 560.13 (1) (a),
20are used to the extent practicable.
AB649-ASA1, s. 232 21Section 232. 196.49 (5m) of the statutes is created to read:
AB649-ASA1,96,922 196.49 (5m) The commission shall take final action on an application for a
23certificate under this section for a proposed renewable facility, as defined in s.
24196.378 (1r) (g), within 270 days after issuing a notice to open a docket on the
25application. If the commission fails to take final action within the 270-day period,

1the commission is considered to have issued a certificate with respect to the
2application, unless the commission, within the 270-day period, extends the 270-day
3period. If the commission is required to prepare an environmental impact statement
4for the proposed facility, the commission may extend the 270-day period for no more
5than an additional 90 days, except that, if another state is required to approve the
6proposed facility, the commission may extend the 270-day period for no more than
7an additional 90 days after the other state takes final action on the proposal. If the
8commission fails to take final action within the extended period, the commission is
9considered to have issued a certificate with respect to the application.
AB649-ASA1, s. 233 10Section 233. 196.49 (6) of the statutes is amended to read:
AB649-ASA1,96,1911 196.49 (6) If the commission finds that any public utility or nuclear power plant
12owner or operator
has taken or is about to take an action which violates or disregards
13a rule or special order under this section, the commission, in its own name either
14before or after investigation or public hearing and either before or after issuing any
15additional orders or directions it deems proper, may bring an action in the circuit
16court of Dane County to enjoin the action. If necessary to preserve the existing state
17of affairs, the court may issue a temporary injunction pending a hearing upon the
18merits. An appeal from an order or judgment of the circuit court may be taken to the
19court of appeals.
AB649-ASA1, s. 234 20Section 234. 196.491 (1) (g) of the statutes is renumbered 196.491 (1) (g)
21(intro.) and amended to read:
AB649-ASA1,96,2322 196.491 (1) (g) (intro.) "Large electric generating facility" means electric any
23of the following:
AB649-ASA1,96,25 241. Electric generating equipment and associated facilities designed for nominal
25operation at a capacity of 100 megawatts or more.
AB649-ASA1, s. 235
1Section 235. 196.491 (1) (g) 2. of the statutes is created to read:
AB649-ASA1,97,32 196.491 (1) (g) 2. A nuclear power plant. This subdivision takes effect on the
3date specified in the notice published under s. 196.493 (3) (b).
AB649-ASA1, s. 236 4Section 236. 196.491 (1) (i) of the statutes is created to read:
AB649-ASA1,97,75 196.491 (1) (i) 1. "Nonutility nuclear power plant" means, except as provided
6in subd. 2., a nuclear power plant that does not provide service to any retail customer
7and that is owned and operated by any of the following:
AB649-ASA1,97,98 a. Subject to the approval of the commission under sub. (3m) (a), an affiliated
9interest of a public utility.
AB649-ASA1,97,1010 b. A person that is not a public utility.
AB649-ASA1,97,1311 2. "Nonutility nuclear power plant" does not include a nuclear power plant or
12an improvement to a nuclear power plant that is subject to a leased generation
13contract, as defined in s. 196.52 (9) (a) 3.
AB649-ASA1,97,1514 3. This paragraph takes effect on the date specified in the notice published
15under s. 196.493 (3) (b).
AB649-ASA1, s. 237 16Section 237. 196.491 (1) (j) of the statutes is created to read:
AB649-ASA1,97,2017 196.491 (1) (j) "Nuclear power plant" means nuclear-fired electric generating
18equipment and facilities designed for nominal operation at any capacity. This
19paragraph takes effect on the date specified in the notice published under s. 196.493
20(3) (b).
AB649-ASA1, s. 238 21Section 238. 196.491 (1) (w) 2. of the statutes is renumbered 196.491 (1) (w)
222. (intro.) and amended to read:
AB649-ASA1,97,2423 196.491 (1) (w) 2. (intro.) "Wholesale merchant plant" does not include an any
24of the following:
AB649-ASA1,98,3
1a. An electric generating facility or an improvement to an electric generating
2facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a)
33.
AB649-ASA1, s. 239 4Section 239. 196.491 (1) (w) 2. b. of the statutes is created to read:
AB649-ASA1,98,65 196.491 (1) (w) 2. b. A nonutility nuclear power plant. This subd. 2. b. takes
6effect on the date specified in the notice published under s. 196.493 (3) (b).
AB649-ASA1, s. 240 7Section 240. 196.491 (3) (d) (intro.) of the statutes is amended to read:
AB649-ASA1,98,118 196.491 (3) (d) (intro.) Except as provided under par. pars. (e) and (em) and s.
9196.493, the commission shall approve an application filed under par. (a) 1. for a
10certificate of public convenience and necessity only if the commission determines all
11of the following:
AB649-ASA1, s. 241 12Section 241. 196.491 (3) (d) 2. of the statutes is amended to read:
AB649-ASA1,98,1713 196.491 (3) (d) 2. The proposed facility satisfies the reasonable needs of the
14public for an adequate supply of electric energy. This subdivision does not apply to
15a wholesale merchant plant and, for determinations made on or after the date
16specified in the notice published under s. 196.493 (3) (b), this subdivision does not
17apply to a nuclear power plant
.
AB649-ASA1, s. 242 18Section 242. 196.491 (3) (d) 3. of the statutes is amended to read:
AB649-ASA1,99,319 196.491 (3) (d) 3. The design and location or route is in the public interest
20considering alternative sources of supply, alternative locations or routes, individual
21hardships, engineering, economic, safety, reliability and environmental factors,
22except that the commission may not consider alternative sources of supply or
23engineering or economic factors if the application is for a wholesale merchant plant
24and the commission may, but is not required to, consider alternative locations if the
25application is for a renewable facility, as defined in s. 196.378 (1r) (g)
. In its

1consideration of environmental factors, the commission may not determine that the
2design and location or route is not in the public interest because of the impact of air
3pollution if the proposed facility will meet the requirements of ch. 285.
AB649-ASA1, s. 243 4Section 243. 196.491 (3) (em) of the statutes is created to read:
AB649-ASA1,99,115 196.491 (3) (em) For an application under par. (a) 1. regarding a nuclear power
6plant, the commission may issue the certificate of public convenience and necessity
7subject to any conditions that the commission determines are in the public interest.
8Any conditions imposed by the commission under this paragraph shall apply to any
9successor in interest of the applicant. This paragraph first applies to certificates of
10public convenience and necessity issued by the commission on or after the date
11specified in the notice published under s. 196.493 (3) (b).
AB649-ASA1, s. 244 12Section 244. 196.491 (3) (g) of the statutes is amended to read:
AB649-ASA1,99,2513 196.491 (3) (g) The commission shall take final action on an application filed
14under par. (a) 1. within 180 days after the application is determined or considered
15to be complete under par. (a) 2. If the commission fails to take final action within the
16180-day period, the commission is considered to have issued a certificate of public
17convenience and necessity with respect to the application, unless the commission,
18within the 180-day period, petitions the circuit court for Dane County for an
19extension of time for taking final action on the application and the court grants an
20extension. Upon a showing of good cause, the court may extend the 180-day period
21for no more than an additional 180 days, except that, beginning on the date specified
22in the notice published under s. 196.493 (3) (b), the court may extend the 180-day
23period for an additional 360 days if the application is for a nuclear power plant
. If
24the commission fails to take final action within the extended period, the commission

1is considered to have issued a certificate of public convenience and necessity with
2respect to the application.
AB649-ASA1, s. 245 3Section 245. 196.491 (3m) (title) of the statutes is amended to read:
AB649-ASA1,100,54 196.491 (3m) (title) Wholesale merchant and nonutility nuclear power
5plants.
AB649-ASA1, s. 246 6Section 246. 196.491 (3m) (a) (intro.) of the statutes is amended to read:
AB649-ASA1,100,117 196.491 (3m) (a) Commission approval required. (intro.) Except as provided
8in par. (e), an affiliated interest of a public utility may not own, control or operate a
9wholesale merchant or nonutility nuclear power plant without the approval of the
10commission. The commission shall grant its approval only if each of the following is
11satisfied:
AB649-ASA1, s. 247 12Section 247. 196.491 (3m) (b) 1. am. of the statutes is amended to read:
AB649-ASA1,100,1713 196.491 (3m) (b) 1. am. Establish screening tests and safe harbors for proposed
14wholesale merchant and nonutility nuclear power plant projects, including projects
15in which an affiliated interest is a passive investor and over which the affiliated
16interest is not able to exercise control or influence and projects in which an affiliated
17interest's ownership interest is less than 5%.
AB649-ASA1, s. 248 18Section 248. 196.491 (3m) (b) 3. b. of the statutes is amended to read:
AB649-ASA1,100,2019 196.491 (3m) (b) 3. b. The extent of control that the affiliated interest proposes
20to exercise over the wholesale merchant or nonutility nuclear power plant.
AB649-ASA1, s. 249 21Section 249. 196.491 (3m) (c) 1. a. of the statutes is amended to read:
AB649-ASA1,100,2422 196.491 (3m) (c) 1. a. "Electric sale" means a sale of electricity that is generated
23at a wholesale merchant or nonutility nuclear power plant that is owned, operated
24or controlled by an affiliated interest.
AB649-ASA1, s. 250
1Section 250. 196.491 (3m) (d) of the statutes is renumbered 196.491 (3m) (d)
2(intro.) and amended to read:
AB649-ASA1,101,63 196.491 (3m) (d) Retail sales outside this state. (intro.) The commission may
4not promulgate rules or issue orders that prohibit owners or operators of wholesale
5merchant plants
any of the following from providing electric service to retail
6customers in another state.:
AB649-ASA1, s. 251 7Section 251. 196.491 (3m) (d) 1. of the statutes is created to read:
AB649-ASA1,101,88 196.491 (3m) (d) 1. Wholesale merchant plants.
AB649-ASA1, s. 252 9Section 252. 196.491 (3m) (d) 2. of the statutes is created to read:
AB649-ASA1,101,1210 196.491 (3m) (d) 2. Nuclear power plants for which the commission has issued
11a certificate of public convenience and necessity under sub. (3) before the date
12specified in the notice published under s. 196.493 (3) (b).
AB649-ASA1, s. 253 13Section 253. 196.491 (5) of the statutes is renumbered 196.491 (5) (c).
AB649-ASA1, s. 254 14Section 254. 196.491 (5) (am) of the statutes is created to read:
AB649-ASA1,101,1815 196.491 (5) (am) In this subsection, "nuclear power plant" means a nuclear
16power plant for which the commission has issued a certificate of public convenience
17and necessity under sub. (3) on or after the date specified in the notice published
18under s. 196.493 (3) (b).
AB649-ASA1, s. 255 19Section 255. 196.491 (5) (c) 1. am. of the statutes is created to read:
AB649-ASA1,101,2220 196.491 (5) (c) 1. am. Nuclear power plants in this state that are not owned or
21operated by public utilities, or that provide service to persons that are not public
22utilities under contracts with terms of 5 years or more.
AB649-ASA1, s. 256 23Section 256. 196.491 (5) (c) 2. bm. of the statutes is created to read:
AB649-ASA1,102,3
1196.491 (5) (c) 2. bm. Nuclear power plants in this state that are not owned or
2operated by public utilities, or that provide service to persons that are not public
3utilities under contracts with terms of 5 years or more.
AB649-ASA1, s. 257 4Section 257. 196.493 (title) of the statutes is amended to read:
AB649-ASA1,102,5 5196.493 (title) Construction of nuclear Nuclear power plants limited.
AB649-ASA1, s. 258 6Section 258. 196.493 (1) of the statutes is renumbered 196.493 (1r) (intro.) and
7amended to read:
AB649-ASA1,102,88 196.493 (1r) Definition Definitions. (intro.) In this section, "nuclear:
AB649-ASA1,102,12 9(ar) Except as provided in par. (b), "nuclear power plant" means a nuclear-fired
10large electric generating facility as defined under s. 196.491 (1) (g). This paragraph
11does not apply beginning on the date specified in the notice published under sub. (3)
12(b).
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