Amendment ASA1-AB649

AB649-ASA1,96,19 196.49 (6) If the commission finds that any public utility or nuclear power plant owner or operator has taken or is about to take an action which violates or disregards a rule or special order under this section, the commission, in its own name either before or after investigation or public hearing and either before or after issuing any additional orders or directions it deems proper, may bring an action in the circuit court of Dane County to enjoin the action. If necessary to preserve the existing state of affairs, the court may issue a temporary injunction pending a hearing upon the merits. An appeal from an order or judgment of the circuit court may be taken to the court of appeals.

AB649-ASA1, s. 234 Section 234. 196.491 (1) (g) of the statutes is renumbered 196.491 (1) (g) (intro.) and amended to read:

AB649-ASA1,96,23 196.491 (1) (g) (intro.) "Large electric generating facility" means electric any of the following:

AB649-ASA1,96,25 1. Electric generating equipment and associated facilities designed for nominal operation at a capacity of 100 megawatts or more.

AB649-ASA1, s. 235 Section 235. 196.491 (1) (g) 2. of the statutes is created to read:

AB649-ASA1,97,3 196.491 (1) (g) 2. A nuclear power plant. This subdivision takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 236 Section 236. 196.491 (1) (i) of the statutes is created to read:

AB649-ASA1,97,7 196.491 (1) (i) 1. "Nonutility nuclear power plant" means, except as provided in subd. 2., a nuclear power plant that does not provide service to any retail customer and that is owned and operated by any of the following:

AB649-ASA1,97,9 a. Subject to the approval of the commission under sub. (3m) (a), an affiliated interest of a public utility.

AB649-ASA1,97,10 b. A person that is not a public utility.

AB649-ASA1,97,13 2. "Nonutility nuclear power plant" does not include a nuclear power plant or an improvement to a nuclear power plant that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3.

AB649-ASA1,97,15 3. This paragraph takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 237 Section 237. 196.491 (1) (j) of the statutes is created to read:

AB649-ASA1,97,20 196.491 (1) (j) "Nuclear power plant" means nuclear-fired electric generating equipment and facilities designed for nominal operation at any capacity. This paragraph takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 238 Section 238. 196.491 (1) (w) 2. of the statutes is renumbered 196.491 (1) (w) 2. (intro.) and amended to read:

AB649-ASA1,97,24 196.491 (1) (w) 2. (intro.) "Wholesale merchant plant" does not include an any of the following:

AB649-ASA1,98,3 a. An electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3.

AB649-ASA1, s. 239 Section 239. 196.491 (1) (w) 2. b. of the statutes is created to read:

AB649-ASA1,98,6 196.491 (1) (w) 2. b. A nonutility nuclear power plant. This subd. 2. b. takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 240 Section 240. 196.491 (3) (d) (intro.) of the statutes is amended to read:

AB649-ASA1,98,11 196.491 (3) (d) (intro.) Except as provided under par. pars. (e) and (em) and s. 196.493, the commission shall approve an application filed under par. (a) 1. for a certificate of public convenience and necessity only if the commission determines all of the following:

AB649-ASA1, s. 241 Section 241. 196.491 (3) (d) 2. of the statutes is amended to read:

AB649-ASA1,98,17 196.491 (3) (d) 2. The proposed facility satisfies the reasonable needs of the public for an adequate supply of electric energy. This subdivision does not apply to a wholesale merchant plant and, for determinations made on or after the date specified in the notice published under s. 196.493 (3) (b), this subdivision does not apply to a nuclear power plant.

AB649-ASA1, s. 242 Section 242. 196.491 (3) (d) 3. of the statutes is amended to read:

AB649-ASA1,99,3 196.491 (3) (d) 3. The design and location or route is in the public interest considering alternative sources of supply, alternative locations or routes, individual hardships, engineering, economic, safety, reliability and environmental factors, except that the commission may not consider alternative sources of supply or engineering or economic factors if the application is for a wholesale merchant plant and the commission may, but is not required to, consider alternative locations if the application is for a renewable facility, as defined in s. 196.378 (1r) (g). In its consideration of environmental factors, the commission may not determine that the design and location or route is not in the public interest because of the impact of air pollution if the proposed facility will meet the requirements of ch. 285.

AB649-ASA1, s. 243 Section 243. 196.491 (3) (em) of the statutes is created to read:

AB649-ASA1,99,11 196.491 (3) (em) For an application under par. (a) 1. regarding a nuclear power plant, the commission may issue the certificate of public convenience and necessity subject to any conditions that the commission determines are in the public interest. Any conditions imposed by the commission under this paragraph shall apply to any successor in interest of the applicant. This paragraph first applies to certificates of public convenience and necessity issued by the commission on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 244 Section 244. 196.491 (3) (g) of the statutes is amended to read:

AB649-ASA1,99,25 196.491 (3) (g) The commission shall take final action on an application filed under par. (a) 1. within 180 days after the application is determined or considered to be complete under par. (a) 2. If the commission fails to take final action within the 180-day period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application, unless the commission, within the 180-day period, petitions the circuit court for Dane County for an extension of time for taking final action on the application and the court grants an extension. Upon a showing of good cause, the court may extend the 180-day period for no more than an additional 180 days, except that, beginning on the date specified in the notice published under s. 196.493 (3) (b), the court may extend the 180-day period for an additional 360 days if the application is for a nuclear power plant. If the commission fails to take final action within the extended period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application.

AB649-ASA1, s. 245 Section 245. 196.491 (3m) (title) of the statutes is amended to read:

AB649-ASA1,100,5 196.491 (3m) (title) Wholesale merchant and nonutility nuclear power plants.

AB649-ASA1, s. 246 Section 246. 196.491 (3m) (a) (intro.) of the statutes is amended to read:

AB649-ASA1,100,11 196.491 (3m) (a) Commission approval required. (intro.) Except as provided in par. (e), an affiliated interest of a public utility may not own, control or operate a wholesale merchant or nonutility nuclear power plant without the approval of the commission. The commission shall grant its approval only if each of the following is satisfied:

AB649-ASA1, s. 247 Section 247. 196.491 (3m) (b) 1. am. of the statutes is amended to read:

AB649-ASA1,100,17 196.491 (3m) (b) 1. am. Establish screening tests and safe harbors for proposed wholesale merchant and nonutility nuclear power plant projects, including projects in which an affiliated interest is a passive investor and over which the affiliated interest is not able to exercise control or influence and projects in which an affiliated interest's ownership interest is less than 5%.

AB649-ASA1, s. 248 Section 248. 196.491 (3m) (b) 3. b. of the statutes is amended to read:

AB649-ASA1,100,20 196.491 (3m) (b) 3. b. The extent of control that the affiliated interest proposes to exercise over the wholesale merchant or nonutility nuclear power plant.

AB649-ASA1, s. 249 Section 249. 196.491 (3m) (c) 1. a. of the statutes is amended to read:

AB649-ASA1,100,24 196.491 (3m) (c) 1. a. "Electric sale" means a sale of electricity that is generated at a wholesale merchant or nonutility nuclear power plant that is owned, operated or controlled by an affiliated interest.

AB649-ASA1, s. 250 Section 250. 196.491 (3m) (d) of the statutes is renumbered 196.491 (3m) (d) (intro.) and amended to read:

AB649-ASA1,101,6 196.491 (3m) (d) Retail sales outside this state. (intro.) The commission may not promulgate rules or issue orders that prohibit owners or operators of wholesale merchant plants any of the following from providing electric service to retail customers in another state.:

AB649-ASA1, s. 251 Section 251. 196.491 (3m) (d) 1. of the statutes is created to read:

AB649-ASA1,101,8 196.491 (3m) (d) 1. Wholesale merchant plants.

AB649-ASA1, s. 252 Section 252. 196.491 (3m) (d) 2. of the statutes is created to read:

AB649-ASA1,101,12 196.491 (3m) (d) 2. Nuclear power plants for which the commission has issued a certificate of public convenience and necessity under sub. (3) before the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 253 Section 253. 196.491 (5) of the statutes is renumbered 196.491 (5) (c).

AB649-ASA1, s. 254 Section 254. 196.491 (5) (am) of the statutes is created to read:

AB649-ASA1,101,18 196.491 (5) (am) In this subsection, "nuclear power plant" means a nuclear power plant for which the commission has issued a certificate of public convenience and necessity under sub. (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 255 Section 255. 196.491 (5) (c) 1. am. of the statutes is created to read:

AB649-ASA1,101,22 196.491 (5) (c) 1. am. Nuclear power plants in this state that are not owned or operated by public utilities, or that provide service to persons that are not public utilities under contracts with terms of 5 years or more.

AB649-ASA1, s. 256 Section 256. 196.491 (5) (c) 2. bm. of the statutes is created to read:

AB649-ASA1,102,3 196.491 (5) (c) 2. bm. Nuclear power plants in this state that are not owned or operated by public utilities, or that provide service to persons that are not public utilities under contracts with terms of 5 years or more.

AB649-ASA1, s. 257 Section 257. 196.493 (title) of the statutes is amended to read:

AB649-ASA1,102,5 196.493 (title) Construction of nuclear Nuclear power plants limited.

AB649-ASA1, s. 258 Section 258. 196.493 (1) of the statutes is renumbered 196.493 (1r) (intro.) and amended to read:

AB649-ASA1,102,8 196.493 (1r) Definition Definitions. (intro.) In this section, "nuclear:

AB649-ASA1,102,12 (ar) Except as provided in par. (b), "nuclear power plant" means a nuclear-fired large electric generating facility as defined under s. 196.491 (1) (g). This paragraph does not apply beginning on the date specified in the notice published under sub. (3) (b).

AB649-ASA1, s. 259 Section 259. 196.493 (1g) of the statutes is created to read:

AB649-ASA1,102,14 196.493 (1g) Legislative findings. The legislature finds all of the following:

AB649-ASA1,102,16 (a) The state retains its authority under the United States constitution to exercise its police power to protect public health, safety, and welfare.

AB649-ASA1,102,20 (b) Determining the need for the construction of electric generating facilities and controlling land use, including the siting of new or expanded electric generating facilities, is primarily and traditionally a matter of state interest and under state control.

AB649-ASA1,102,23 (c) The state has a particular and unique interest in determining the need for and siting of nuclear power plants, given the size, cost, and environmental and safety issues associated with these plants and the resulting economic impact on the state.

AB649-ASA1,103,6 (d) As of the effective date of this paragraph .... [LRB inserts date], the federal government has failed to meet its obligation to implement a policy to provide for the safe and effective disposal of spent nuclear fuel from nuclear power plants. This situation has and will continue to lead to the long-term storage of spent nuclear fuel at the sites of nuclear power plants resulting in increased risk of exposure to accidental releases of radioactive materials from the handling and storage of the spent nuclear fuel and increased expenses for local and state governments providing emergency response services to the nuclear power plants.

AB649-ASA1,103,12 (e) While the recent safety record and security of the nuclear power industry is good and the likelihood of an accident or incident at a new or expanded nuclear power plant resulting in a major release of radioactive materials is low, if such an accident or incident were to occur, its effects could be catastrophic to the health and safety of the people of Wisconsin, the economic well-being of Wisconsin, and the natural resources of Wisconsin.

AB649-ASA1,103,16 (f) To limit the risks associated with the long-term storage of spent nuclear fuel at the sites of nuclear power plants and with the operation of nuclear power plants, it is necessary that Wisconsin adopt policies that limit the number of new or expanded nuclear power plants constructed in the state.

AB649-ASA1,103,21 (g) To distribute the risks associated with the long-term storage of spent nuclear fuel at the sites of nuclear power plants and with the operation of nuclear power plants, it is necessary that Wisconsin adopt policies that encourage the siting of nuclear power plants relatively close to the demand for the electricity produced by the plants.

AB649-ASA1,104,2 (h) To offset the risks associated with the long-term storage of spent nuclear fuel at the sites of nuclear power plants and with the operation of nuclear power plants, it is necessary that Wisconsin adopt policies that ensure citizens of the state will receive the maximum benefits from any new or expanded nuclear power plants constructed in the state.

AB649-ASA1,104,7 (i) The most effective policy to achieve the objectives in pars. (f) to (h) is to require that the entire output from any new or expanded nuclear power plant constructed in the state will be needed to meet the expected requirements for electricity of electric utility ratepayers or members of electric cooperatives in the state.

AB649-ASA1, s. 260 Section 260. 196.493 (1r) (ag) of the statutes is created to read:

AB649-ASA1,104,11 196.493 (1r) (ag) "Electric cooperative" means a cooperative association that is organized under ch. 185 for the purpose of providing electricity at retail or wholesale to its members only.

AB649-ASA1, s. 261 Section 261. 196.493 (1r) (b) of the statutes is created to read:

AB649-ASA1,104,15 196.493 (1r) (b) "Nuclear power plant" has the meaning given in s. 196.491 (1) (j). This paragraph takes effect on the date specified in the notice published under sub. (3) (b).

AB649-ASA1, s. 262 Section 262. 196.493 (2) (intro.) of the statutes is renumbered 196.493 (2) (am) (intro.) and amended to read:

AB649-ASA1,104,20 196.493 (2) (am) (intro.) The commission may not certify under s. 196.49 (3) (b) or 196.491 (3) any nuclear power plant unless the commission finds that all of the following:

AB649-ASA1, s. 263 Section 263. 196.493 (2) (a) of the statutes is renumbered 196.493 (2) (am) 1. and amended to read:

AB649-ASA1,105,4 196.493 (2) (am) 1. A federally licensed facility, or a facility outside of the United States which the commission determines will satisfy the public welfare requirements of the people of this state, with adequate capacity to dispose of high-level nuclear waste from all nuclear power plants operating in this state will be available, as necessary, for disposal of the waste; and. This subdivision does not apply to certifications made on or after the date specified in the notice published under sub. (3) (b).

AB649-ASA1, s. 264 Section 264. 196.493 (2) (am) 1m. of the statutes is created to read:

AB649-ASA1,105,10 196.493 (2) (am) 1m. The plan for managing the nuclear waste from the proposed nuclear power plant is economic, reasonable, stringent, and will satisfy the public welfare requirements of the people of this state, given the safety, security, and other risks presented by the waste. This subdivision first applies to certifications made on the date specified in the notice published under sub. (3) (b).

AB649-ASA1, s. 265 Section 265. 196.493 (2) (am) 2. c. of the statutes is created to read:

AB649-ASA1,105,16 196.493 (2) (am) 2. c. The benefits to the state and the environment resulting from reductions of air pollutant emissions from the proposed nuclear power plant compared to emissions from feasible alternatives. This subd. 2. c. first applies to certifications made on or after the date specified in the notice published under sub. (3) (b).

AB649-ASA1, s. 266 Section 266. 196.493 (2) (am) 3. of the statutes is created to read:

AB649-ASA1,105,21 196.493 (2) (am) 3. For certifications made on or after the date specified in the notice published under sub. (3) (b), the proposed nuclear power plant will provide electricity to ratepayers or members of electric cooperatives in this state at a reasonable cost based upon all of the following:

AB649-ASA1,105,22 a. The existence of a reliable and adequate nuclear fuel supply.

AB649-ASA1,105,24 b. The costs for construction, operation, and decommissioning of nuclear power plants and for nuclear waste disposal.

AB649-ASA1,106,2 c. Any other factor having an impact on the economics of nuclear power plants, as determined by the commission.

AB649-ASA1, s. 267 Section 267. 196.493 (2) (am) 4. of the statutes is created to read:

AB649-ASA1,106,6 196.493 (2) (am) 4. For certifications made on or after the date specified in the notice published under sub. (3) (b), the proposed nuclear power plant satisfies the reasonable needs of the public for an adequate supply of electric energy.

AB649-ASA1, s. 268 Section 268. 196.493 (2) (b) (intro.) of the statutes is renumbered 196.493 (2) (am) 2. (intro.) and amended to read:

AB649-ASA1,106,11 196.493 (2) (am) 2. (intro.) The Except as provided in par. (c), the proposed nuclear power plant, in comparison with feasible alternatives, is economically advantageous to ratepayers, based upon all of the following: