2. If a hearing is not held on an application under this subsection, the commission shall take final action on the application within 90 days after the commission issues a notice opening a docket on the application. If the commission fails to take final action within the initial 90-day period, the commission is considered to have approved the application.
155,27
Section
27. 196.795 (6m) (c) of the statutes is amended to read:
196.795 (6m) (c) Wholesale merchant plants. The assets of a wholesale merchant 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 or if the wholesale merchant plant qualifies for the exemption under s. 196.491 (3m) (e) 1.
155,28
Section
28. 196.81 (3) of the statutes, as affected by
2011 Wisconsin Act 22, is renumbered 196.81 (3) (intro.) and amended to read:
196.81 (3) (intro.) This section does not apply to a any of the following:
(a) A service discontinuance by a public utility that is a telecommunications provider.
155,29
Section
29. 196.81 (3) (b) of the statutes is created to read:
196.81 (3) (b) A public utility's removal, at the request of a customer, of the customer's electric service drop or electric or steam service lateral, including any primary voltage or steam line that is used exclusively to serve the customer requesting the removal.
155,30
Section
30. 227.48 (1) of the statutes is amended to read:
227.48 (1) Every Except as provided in s. 196.40, every decision when made, signed and filed, shall be served forthwith by personal delivery or mailing of a copy to each party to the proceedings or to the party's attorney of record.
155,31
Section
31. 230.08 (2) (mL) of the statutes is amended to read:
230.08 (2) (mL) One executive assistant of each commissioner of the public service commission, created under s. 15.79 (1).
155,32
Section
32. 941.40 (2) of the statutes is created to read:
941.40 (2) Any person who intentionally breaks down, interrupts, or removes any telegraph, telecommunications, electric light, or electric power line or wire including grounds or who destroys, disturbs, interferes with, or injures the wires, poles, or other property of any telegraph, telecommunications, electric light, or electric power company, including a cooperative association organized under ch. 185, is guilty of a Class B misdemeanor.
155,33
Section
33. 941.40 (3) of the statutes is created to read:
941.40 (3) Any person who, for any purpose, intentionally makes or causes to be made a physical electrical connection with any wire, cable, conductor, ground, equipment, facility, or other property of any telecommunications or electric power company, including a cooperative association organized under ch. 185, is guilty of a Class A misdemeanor.
155,34
Section
34. 941.40 (4) (b) of the statutes is created to read:
941.40 (4) (b) Subsections (2) and (3) do not apply to a person who acts with the permission of the telecommunications or electric power company, including a cooperative association organized under ch. 185, that is affected or that owns the wire, pole, cable, conductor, ground, equipment, facility, or other affected property or with the permission of the person who owns the property on which the wire, pole, cable, conductor, ground, equipment, facility, or other affected property is located.
155,35
Section
35.
Initial applicability.
(1) Commissioners of the public service commission. The treatment of section 15.79 (2) of the statutes first applies to an individual holding office as a commissioner of the public service commission on the effective date of this subsection.
(2) Unlawful treatment of equipment. The treatment of sections 134.40 (title), (1), and (2) and 941.40 (2), (3), and (4) (b) of the statutes first applies to acts that occur on the effective date of this subsection.
(3) Notices. The treatment of section 196.02 (7) of the statutes first applies to notices provided on the effective date of this subsection.
(4) Prohibition on orders. The treatment of section 196.395 (2) of the statutes first applies to orders issued on the effective date of this subsection.
(5) Orders and determinations. The treatment of sections 196.40 and 227.48 (1) of the statutes first applies to orders and determinations made on the effective date of this subsection.
(6) Certificates and approvals.
(a) The treatment of section 196.49 (5r) of the statutes first applies to applications filed with the public service commission under section 196.49 (1), (2), (3), or (5) of the statutes on the effective date of this paragraph.
(b) The treatment of section 196.49 (5g) of the statutes first applies to projects proposed on the effective date of this paragraph.
(7) Affiliated interest transactions. The treatment of section 196.52 (3) (b) 1. and 1m. and (d) of the statutes first applies to applications filed with the public service commission under section 196.52 (3) of the statutes on the effective date of this subsection.
(8) Service line removals. The treatment of section 196.81 (3) (b) of the statutes first applies to removals that occur on the effective date of this subsection.
