Amendment ASA1-AB649

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:

AB649-ASA1, s. 269 Section 269. 196.493 (2) (b) 1. of the statutes is renumbered 196.493 (2) (am) 2. a. and amended to read:

AB649-ASA1,106,15 196.493 (2) (am) 2. a. The existence of a reliable and adequate nuclear fuel supply;.

AB649-ASA1, s. 270 Section 270. 196.493 (2) (b) 2. of the statutes is renumbered 196.493 (2) (am) 2. b. and amended to read:

AB649-ASA1,106,19 196.493 (2) (am) 2. b. The costs for construction, operation, and decommissioning of nuclear power plants and for nuclear waste disposal ; and.

AB649-ASA1, s. 271 Section 271. 196.493 (2) (b) 3. of the statutes is renumbered 196.493 (2) (am) 2. d.

AB649-ASA1, s. 272 Section 272. 196.493 (2) (c) of the statutes is created to read:

AB649-ASA1,107,2 196.493 (2) (c) For certifications made on or after the date specified in the notice published under sub. (3) (b), the commission shall make the finding under par. (am) 2. based on economic advantages to ratepayers or members of electric cooperatives in this state.

AB649-ASA1, s. 273 Section 273. 196.493 (3) of the statutes is created to read:

AB649-ASA1,107,5 196.493 (3) Register publication. (a) The commission shall determine all of the following:

AB649-ASA1,107,9 1. The effective dates of all rules promulgated by the commission, and all orders issued by the commission, that are necessary to initially implement the changes to s. 196.378 by 2009 Wisconsin Act .... (this act), and other related statutory changes made by that act.

AB649-ASA1,107,13 2. The effective dates of all rules promulgated by the commission, and all orders issued by the commission, that are necessary to initially implement the changes to s. 196.374 by 2009 Wisconsin Act .... (this act), and other related statutory changes made by that act.

AB649-ASA1,107,16 (b) The commission shall publish a notice in the Wisconsin Administrative Register specifying the first date on which all of the rules and orders described in par. (a) are in effect.

AB649-ASA1, s. 274 Section 274. 196.493 (4) of the statutes is created to read:

AB649-ASA1,107,25 196.493 (4) Decommissioning. The commission may by order specify the method for an owner or operator of a nuclear power plant to provide reasonable assurance that funds in an amount determined by the commission will be available to decommission the plant and to dispose of spent nuclear fuel from the plant, and require the owner or operator to provide such assurance. This subsection applies to a nuclear power plant for which the commission issues a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under sub. (3) (b).

AB649-ASA1, s. 275 Section 275. 196.494 (1) (a) of the statutes is amended to read:

AB649-ASA1,108,4 196.494 (1) (a) "Electric utility" means a public utility, other than a municipal utility, as defined in s. 196.377 (2) (a) 3., that provides retail electric service to customers in this state.

AB649-ASA1, s. 276 Section 276. 196.494 (1) (am) of the statutes is created to read:

AB649-ASA1,108,7 196.494 (1) (am) "Municipal utility" means a public utility that is a municipality or that is wholly owned or operated by a city, village, or town.

AB649-ASA1, s. 277 Section 277. 196.52 (9) (g) of the statutes is amended to read:

AB649-ASA1,108,14 196.52 (9) (g) Nothing in this subsection prohibits a cooperative association organized under ch. 185, a municipal utility, as defined in s. 196.377 (2) (a) 3. 196.494 (1) (am), or a municipal electric company, as defined in s. 66.0825 (3) (d), from acquiring an interest in an electric generating facility that is constructed pursuant to a leased generation contract or from acquiring an interest in land on which such an electric generating facility is located.

AB649-ASA1, s. 278 Section 278. 196.65 (1) of the statutes is renumbered 196.65 (1r).

AB649-ASA1, s. 279 Section 279. 196.65 (1g) of the statutes is created to read:

AB649-ASA1,108,17 196.65 (1g) In this section, "public utility" includes all of the following:

AB649-ASA1,108,21 (a) The owner or operator of a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1,108,22 (b) A prime supplier, as defined in s. 196.374 (1) (ig).

AB649-ASA1, s. 280 Section 280. 196.65 (2) of the statutes is amended to read:

AB649-ASA1,109,2 196.65 (2) A penalty of not less than $500 nor more than $5,000 shall be recovered from the public utility for each offense under sub. (1) (1r) if the officer, agent or employee of the public utility acted in obedience to the direction, instruction or request of the public utility or any general officer of the public utility.

AB649-ASA1, s. 281 Section 281. 196.66 (1) of the statutes is renumbered 196.66 (1r).

AB649-ASA1, s. 282 Section 282. 196.66 (1g) of the statutes is created to read:

AB649-ASA1,109,6 196.66 (1g) Definition. In this section, "public utility" includes all of the following:

AB649-ASA1,109,10 (a) The owner or operator of a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1,109,11 (b) A prime supplier, as defined in s. 196.374 (1) (ig).

AB649-ASA1, s. 283 Section 283. 196.66 (2) of the statutes is amended to read:

AB649-ASA1,109,18 196.66 (2) Each day separate offense. Every day during which any public utility or any officer, agent, as defined in sub. (3) (a), or employee of a public utility fails to comply with any order or direction of the commission or to perform any duty enjoined by this chapter or ch. 197 shall constitute a separate and distinct violation under sub. (1) (1r). If the order is suspended, stayed or enjoined, this penalty shall not accrue.

AB649-ASA1, s. 284 Section 284. 196.66 (4) (b) of the statutes is amended to read:

AB649-ASA1,109,23 196.66 (4) (b) If a public utility fails to comply with any rule, order or direction of the commission after actual receipt by the public utility of written notice from the commission specifying the failure, the maximum forfeiture under sub. (1) (1r) shall be $15,000.

AB649-ASA1, s. 285 Section 285. 196.795 (6m) (a) 4m. of the statutes is created to read:

AB649-ASA1,110,5 196.795 (6m) (a) 4m. "Nonutility nuclear power plant" means a nonutility nuclear power plant, as defined in s. 196.491 (1) (i), that is located in the reliability council area and that is owned, operated, or controlled by an affiliated interest of a public utility. This subdivision takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 286 Section 286. 196.795 (6m) (cm) of the statutes is created to read:

AB649-ASA1,110,12 196.795 (6m) (cm) Nonutility nuclear power plants. The assets of a nonutility nuclear power plant shall not be included in the sum of the assets of a public utility affiliate under par. (b) 1. a., b., or c. and shall not be included in a nonutility affiliate's total assets under par. (b) 2. a. if the requirements specified in s. 196.491 (3m) (a) 1. and 2. are satisfied. This paragraph takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 287 Section 287. 196.795 (11) (b) of the statutes is amended to read:

AB649-ASA1,110,24 196.795 (11) (b) This section shall be deemed to legalize and confirm the formation, prior to November 28, 1985, of any holding company, which is not itself a public utility, and shall be deemed to legalize and confirm the operations and issuances of securities of the holding company, except that nothing in this section shall be deemed to prevent the commission from imposing reasonable terms, limitations or conditions on any holding company which are consistent with the requirements of sub. (6m) (c) or to (d) or which are consistent with and necessary to satisfy the requirements of sub. (5) (b) to (o) and (q) to (s) or which relate to future investments by the holding company unless the holding company owns, operates, manages or controls a telecommunications utility and does not also own, operate, manage or control a public utility which is not a telecommunications utility.

AB649-ASA1, s. 288 Section 288. 196.80 (1r) of the statutes is created to read:

AB649-ASA1,111,4 196.80 (1r) (a) In this subsection, "nuclear power plant" means a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1,111,8 (b) With the consent and approval of the commission but not otherwise an owner or operator of a nuclear power plant may sell, acquire, lease, or rent any nuclear power plant or property constituting an operating unit or system of a nuclear power plant.

AB649-ASA1, s. 289 Section 289. 196.85 (1m) (a) of the statutes is amended to read:

AB649-ASA1,111,17 196.85 (1m) (a) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.491, the term "public utility" includes electric utilities, as defined in s. 196.491 (1) (d). Subsection (1) (b) does not apply to assessments for the commission's activities under s. 196.491 related to the construction of wholesale merchant plants , as defined in s. 196.491 (1) (w) or, beginning on the date specified in the notice published under s. 196.493 (3) (b), related to the construction of nonutility nuclear power plants, as defined in s. 196.491 (1) (i).

AB649-ASA1, s. 290 Section 290. 196.85 (1m) (e) of the statutes is created to read:

AB649-ASA1,111,22 196.85 (1m) (e) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.374, the term "public utility" includes retail electric cooperatives, as defined in s. 196.374 (1) (L), and prime suppliers, as defined in s. 196.374 (1) (ig).

AB649-ASA1, s. 291 Section 291. 285.60 (11) of the statutes is created to read:

AB649-ASA1,112,3 285.60 (11) Reducing greenhouse gas emissions. As part of its continual assessment under sub. (10) in 2010 and 2011, the department shall develop and implement measures to lessen permit obligations under this section and ss. 281.61 to 281.65 for the construction, reconstruction, replacement, or modification of a stationary source if all of the following apply:

AB649-ASA1,112,5 (a) The owner or operator of the stationary source is not required to obtain a major source construction permit for the proposed project.

AB649-ASA1,112,7 (b) The construction, reconstruction, replacement, or modification would significantly reduce emissions of greenhouse gasses, as defined in s. 299.03 (1) (d).