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).
AB649-ASA1, s. 259 13Section 259. 196.493 (1g) of the statutes is created to read:
AB649-ASA1,102,1414 196.493 (1g) Legislative findings. The legislature finds all of the following:
AB649-ASA1,102,1615 (a) The state retains its authority under the United States constitution to
16exercise its police power to protect public health, safety, and welfare.
AB649-ASA1,102,2017 (b) Determining the need for the construction of electric generating facilities
18and controlling land use, including the siting of new or expanded electric generating
19facilities, is primarily and traditionally a matter of state interest and under state
20control.
AB649-ASA1,102,2321 (c) The state has a particular and unique interest in determining the need for
22and siting of nuclear power plants, given the size, cost, and environmental and safety
23issues associated with these plants and the resulting economic impact on the state.
AB649-ASA1,103,624 (d) As of the effective date of this paragraph .... [LRB inserts date], the federal
25government has failed to meet its obligation to implement a policy to provide for the

1safe and effective disposal of spent nuclear fuel from nuclear power plants. This
2situation has and will continue to lead to the long-term storage of spent nuclear fuel
3at the sites of nuclear power plants resulting in increased risk of exposure to
4accidental releases of radioactive materials from the handling and storage of the
5spent nuclear fuel and increased expenses for local and state governments providing
6emergency response services to the nuclear power plants.
AB649-ASA1,103,127 (e) While the recent safety record and security of the nuclear power industry
8is good and the likelihood of an accident or incident at a new or expanded nuclear
9power plant resulting in a major release of radioactive materials is low, if such an
10accident or incident were to occur, its effects could be catastrophic to the health and
11safety of the people of Wisconsin, the economic well-being of Wisconsin, and the
12natural resources of Wisconsin.
AB649-ASA1,103,1613 (f) To limit the risks associated with the long-term storage of spent nuclear fuel
14at the sites of nuclear power plants and with the operation of nuclear power plants,
15it is necessary that Wisconsin adopt policies that limit the number of new or
16expanded nuclear power plants constructed in the state.
AB649-ASA1,103,2117 (g) To distribute the risks associated with the long-term storage of spent
18nuclear fuel at the sites of nuclear power plants and with the operation of nuclear
19power plants, it is necessary that Wisconsin adopt policies that encourage the siting
20of nuclear power plants relatively close to the demand for the electricity produced by
21the plants.
AB649-ASA1,104,222 (h) To offset the risks associated with the long-term storage of spent nuclear
23fuel at the sites of nuclear power plants and with the operation of nuclear power
24plants, it is necessary that Wisconsin adopt policies that ensure citizens of the state

1will receive the maximum benefits from any new or expanded nuclear power plants
2constructed in the state.
AB649-ASA1,104,73 (i) The most effective policy to achieve the objectives in pars. (f) to (h) is to
4require that the entire output from any new or expanded nuclear power plant
5constructed in the state will be needed to meet the expected requirements for
6electricity of electric utility ratepayers or members of electric cooperatives in the
7state.
AB649-ASA1, s. 260 8Section 260. 196.493 (1r) (ag) of the statutes is created to read:
AB649-ASA1,104,119 196.493 (1r) (ag) "Electric cooperative" means a cooperative association that
10is organized under ch. 185 for the purpose of providing electricity at retail or
11wholesale to its members only.
AB649-ASA1, s. 261 12Section 261. 196.493 (1r) (b) of the statutes is created to read:
AB649-ASA1,104,1513 196.493 (1r) (b) "Nuclear power plant" has the meaning given in s. 196.491 (1)
14(j). This paragraph takes effect on the date specified in the notice published under
15sub. (3) (b).
AB649-ASA1, s. 262 16Section 262. 196.493 (2) (intro.) of the statutes is renumbered 196.493 (2) (am)
17(intro.) and amended to read:
AB649-ASA1,104,2018 196.493 (2) (am) (intro.) The commission may not certify under s. 196.49 (3) (b)
19or 196.491 (3) any nuclear power plant unless the commission finds that all of the
20following
:
AB649-ASA1, s. 263 21Section 263. 196.493 (2) (a) of the statutes is renumbered 196.493 (2) (am) 1.
22and amended to read:
AB649-ASA1,105,423 196.493 (2) (am) 1. A federally licensed facility, or a facility outside of the
24United States which the commission determines will satisfy the public welfare
25requirements of the people of this state, with adequate capacity to dispose of

1high-level nuclear waste from all nuclear power plants operating in this state will
2be available, as necessary, for disposal of the waste; and. This subdivision does not
3apply to certifications made on or after the date specified in the notice published
4under sub. (3) (b).
AB649-ASA1, s. 264 5Section 264. 196.493 (2) (am) 1m. of the statutes is created to read:
AB649-ASA1,105,106 196.493 (2) (am) 1m. The plan for managing the nuclear waste from the
7proposed nuclear power plant is economic, reasonable, stringent, and will satisfy the
8public welfare requirements of the people of this state, given the safety, security, and
9other risks presented by the waste. This subdivision first applies to certifications
10made on the date specified in the notice published under sub. (3) (b).
AB649-ASA1, s. 265 11Section 265. 196.493 (2) (am) 2. c. of the statutes is created to read:
AB649-ASA1,105,1612 196.493 (2) (am) 2. c. The benefits to the state and the environment resulting
13from reductions of air pollutant emissions from the proposed nuclear power plant
14compared to emissions from feasible alternatives. This subd. 2. c. first applies to
15certifications made on or after the date specified in the notice published under sub.
16(3) (b).
AB649-ASA1, s. 266 17Section 266. 196.493 (2) (am) 3. of the statutes is created to read:
AB649-ASA1,105,2118 196.493 (2) (am) 3. For certifications made on or after the date specified in the
19notice published under sub. (3) (b), the proposed nuclear power plant will provide
20electricity to ratepayers or members of electric cooperatives in this state at a
21reasonable cost based upon all of the following:
AB649-ASA1,105,2222 a. The existence of a reliable and adequate nuclear fuel supply.
AB649-ASA1,105,2423 b. The costs for construction, operation, and decommissioning of nuclear power
24plants and for nuclear waste disposal.
AB649-ASA1,106,2
1c. Any other factor having an impact on the economics of nuclear power plants,
2as determined by the commission.
AB649-ASA1, s. 267 3Section 267. 196.493 (2) (am) 4. of the statutes is created to read:
AB649-ASA1,106,64 196.493 (2) (am) 4. For certifications made on or after the date specified in the
5notice published under sub. (3) (b), the proposed nuclear power plant satisfies the
6reasonable needs of the public for an adequate supply of electric energy.
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