196.371(3)(a)(a) The commission shall conduct a hearing on an application for an order under this section. The commission may hold the hearing in conjunction with a hearing, if any, on the application for the certificate or the commission may hold a separate hearing on the application for the order. If the public utility has applied for a certificate for the facility, the commission shall determine whether to deny an application for an order or to issue an order no later than the date that the commission takes final action on the application for the certificate. If the public utility has not applied for a certificate, the commission shall determine whether to deny an application for an order or to issue an order no later than 180 days after the commission determines that the application for the order is complete using the method and deadlines specified under
s. 196.491 (3) (a) 2. The commission may issue an order if the commission determines that the order will provide a sufficient degree of certainty to the public utility, investors, and ratepayers with respect to future recovery of the facility's capital costs and that the order is otherwise in the public interest.
196.371(3)(am)
(am) The commission shall specify in an order under this section a deadline at least 60 days after the date of issuance of the order for the public utility to notify the commission in writing about whether the public utility accepts or waives acceptance of the order. If the public utility does not make the notification by the deadline specified in the order, the public utility is considered to have waived acceptance of the order.
196.371(3)(b)
(b) If the public utility accepts the order, then, in all future rate-making proceedings regarding the public utility, the order shall be binding on the commission in its treatment of the recovery of the capital costs of the facility that is subject to the order and the commission may not consider the order or the effects of the order in its treatment of the recovery of any other cost of the public utility.
196.371(3)(bm)
(bm) If the public utility waives or is considered to have waived acceptance of the order, the commission shall withdraw the order and consider the capital costs of the facility in all future rate-making proceedings in the same manner as the commission considers capital costs for which no order has been issued under this section.
196.371(3)(c)
(c) The commission may not require a public utility to apply for or accept an order under this section.
196.371(4)
(4) Rules. The commission shall promulgate rules for administering this section, including rules specifying the information that must be included in an application for an order under this section.
196.371 History
History: 2005 a. 7.
196.372
196.372
Railroad telecommunications service. If the commission receives a complaint that telecommunications service with any railroad, as defined under
s. 195.02, is inadequate or in any respect unreasonably or unjustly discriminatory or that the service is unavailable, the commission shall investigate the same. If upon investigation the commission finds that any telecommunications service is inadequate or unreasonably or unjustly discriminatory or that the service is unavailable, it shall determine and by order fix a reasonable regulation, practice or service to be installed, imposed and observed and followed in the future.
196.372 History
History: 1977 c. 29 s.
1340; Stats. 1977 s. 196.627;
1983 a. 53 s.
83; Stats. 1983 s. 196.374;
1983 a. 192; Stats. 1983 s. 196.372;
1985 a. 297 s.
76.
196.373
196.373
Water heater thermostat settings. 196.373(1)(a)
(a) "Periodic customer billing" means a demand for payment of utility services by a public utility to a residential utility consumer on a monthly or other regular basis.
196.373(1)(b)
(b) "Residential utility consumer" means any individual who lives in a dwelling which is located in this state and which is furnished with a utility service by a public utility. "Residential utility consumer" includes, but is not limited to, an individual engaged in farming as defined under
s. 102.04 (3).
196.373(2)
(2) At least annually every public utility furnishing gas or electricity shall include in its periodic customer billing a statement recommending that water heater thermostats be set no higher than 125 degrees Fahrenheit in order to prevent severe burns and unnecessary energy consumption.
196.373 History
History: 1987 a. 102.
196.374
196.374
Energy efficiency and renewable resource programs. 196.374(1)(b)
(b) "Commitment to community program" means an energy efficiency or load management program by or on behalf of a municipal utility or retail electric cooperative.
196.374(1)(c)
(c) "Customer application of renewable resources" means the generation of energy from renewable resources that takes place on the premises of a customer of an energy utility or municipal utility or a member of a retail electric cooperative.
196.374(1)(d)
(d) "Energy efficiency program" means a program for reducing the usage or increasing the efficiency of the usage of energy by a customer or member of an energy utility, municipal utility, or retail electric cooperative. "Energy efficiency program" does not include load management.
196.374(1)(e)
(e) "Energy utility" means an investor-owned electric or natural gas public utility.
196.374(1)(em)
(em) "Large energy customer" means a customer of an energy utility that owns or operates a facility in the energy utility's service area that has an energy demand of at least 1,000 kilowatts of electricity per month or of at least 10,000 decatherms of natural gas per month and that, in a month, is billed at least $60,000 for electric service, natural gas service, or both, for all of the facilities of the customer within the energy utility's service territory.
196.374(1)(f)
(f) "Load management program" means a program to allow an energy utility, municipal utility, wholesale electric cooperative, as defined in
s. 16.957 (1) (v), retail electric cooperative, or municipal electric company, as defined in
s. 66.0825 (3) (d), to control or manage daily or seasonal customer demand associated with equipment or devices used by customers or members.
196.374(1)(i)
(i) "Ordered program" means an energy efficiency or renewable resource program that an energy utility commenced on or after January 1, 2001, under a commission order issued on or after January 1, 2001, and in effect before July 1, 2007.
196.374(1)(j)
(j) "Renewable resource" means a resource that derives energy from any source other than coal, petroleum products, nuclear power or, except as used in a fuel cell, natural gas. "Renewable resource" includes resources deriving energy from any of the following:
196.374(1)(j)7.
7. Fuel cell technology that uses, as determined by the commission, a renewable fuel.
196.374(1)(k)
(k) "Renewable resource program" means a program for encouraging the development or use of customer applications of renewable resources, including educating customers or members about renewable resources, encouraging customers or members to use renewable resources, and encouraging the transfer of new or emerging technologies from research, development, and demonstration to commercial implementation.
196.374(2)
(2) Energy efficiency and renewable resource programs. 196.374(2)(a)1.1. The energy utilities in this state shall collectively establish and fund statewide energy efficiency and renewable resource programs. The energy utilities shall contract, on the basis of competitive bids, with one or more persons to develop and administer the programs. The utilities may not execute a contract under this subdivision unless the commission has approved the contract. The commission shall require each energy utility to spend the amount required under
sub. (3) (b) 2. to fund statewide energy efficiency and renewable resource programs.
196.374(2)(a)2.
2. The purpose of the programs under this paragraph shall be to help achieve environmentally sound and adequate energy supplies at reasonable cost, consistent with the commission's responsibilities under
s. 196.025 (1) (ar) and the utilities' obligations under this chapter. The programs shall include, at a minimum, all of the following:
196.374(2)(a)2.a.
a. Components to address the energy needs of residential, commercial, agricultural, institutional, and industrial energy users and local units of government.
196.374(2)(a)2.b.
b. Components to reduce the energy costs incurred by local units of government and agricultural producers, by increasing the efficiency of energy use by local units of government and agricultural producers. The commission shall ensure that not less than 10 percent of the moneys utilities are required to spend under
subd. 1. or
sub. (3) (b) 2. is spent annually on programs under this subdivision except that, if the commission determines that the full amount cannot be spent on cost-effective programs for local units of government and agricultural producers, the commission shall ensure that any surplus funds be spent on programs to serve commercial, institutional, and industrial customers. A local unit of government that receives assistance under this
subd. 2. b. shall apply all costs savings realized from the assistance to reducing the property tax levy.
196.374(2)(a)2.c.
c. Initiatives and market strategies that address the needs of individuals or businesses facing the most significant barriers to creation of or participation in markets for energy efficient products that the individual or business manufactures or sells or energy efficiency services that the individual or business provides.
196.374(2)(a)2.d.
d. Initiatives for research and development regarding the environmental and economic impacts of energy use in this state.
196.374(2)(a)2.e.
e. Components to implement energy efficiency or renewable energy measures in facilities of manufacturing businesses in this state that are consistent with the implementation of energy efficiency or renewable energy measures in manufacturing facilities to enhance their competitiveness, the retooling of existing facilities to manufacture products that support the green economy, the expansion or establishment of domestic clean energy manufacturing operations, and creating or retaining jobs for workers engaged in such activities.
196.374(2)(a)3.
3. The commission may not require an energy utility to administer or fund any energy efficiency or renewable resource program that is in addition to the programs required under
subd. 1. and any ordered program of the utility. This subdivision does not limit the authority of the commission to enforce an energy utility's obligations under
s. 196.378.
196.374(2)(b)1.1. An energy utility may, with commission approval, administer or fund one or more energy efficiency programs that is limited to, as determined by the commission, large commercial, industrial, institutional, or agricultural customers in its service territory. An energy utility shall pay for a program under this subdivision with a portion of the amount required under
sub. (3) (b) 2., as approved by the commission. The commission may not order an energy utility to administer or fund a program under this subdivision.
196.374(2)(b)2.
2. An energy utility may, with commission approval, administer or fund an energy efficiency or renewable resource program that is in addition to the programs required under
par. (a) or authorized under
subd. 1. The commission may not order an energy utility to administer or fund a program under this subdivision.
196.374(2)(b)3.
3. An energy utility that administers or funds a program under
subd. 1. or
2. or an ordered program may request, and the commission may approve, to modify or discontinue, in whole or in part, the ordered program. An energy utility may request the establishment, modification, or discontinuation of a program under
subd. 1. or
2. at any time and shall request the modification or discontinuation of an ordered program as part of a proceeding under
sub. (3) (b) 1.
196.374(2)(c)
(c)
Large energy customer programs. A customer of an energy utility may, with commission approval, administer and fund its own energy efficiency programs if the customer satisfies the definition of a large energy customer for any month in the 12 months preceding the date of the customer's request for approval. A customer may request commission approval at any time. A customer that funds a program under this paragraph may deduct the amount of the funding from the amount the energy utility may collect from the customer under
sub. (5) (b). If the customer deducts the amount of the funding from the amount the energy utility may collect from the customer under
sub. (5) (b), the energy utility shall credit the amount of the funding against the amount the energy utility is required to spend under
sub. (3) (b) 2.
196.374(3)(a)(a)
In general. The commission shall have oversight of programs under
sub. (2). The commission shall maximize coordination of program delivery, including coordination between programs under
subs. (2) (a) 1.,
(b) 1. and
2., and
(c) and
(7), ordered programs, low-income weatherization programs under
s. 16.957, renewable resource programs under
s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs.
196.374(3)(b)1.1. At least every 4 years, after notice and opportunity to be heard, the commission shall, by order, evaluate the energy efficiency and renewable resource programs under
sub. (2) (a) 1.,
(b) 1. and
2., and
(c) and ordered programs and set or revise goals, priorities, and measurable targets for the programs. The commission shall give priority to programs that moderate the growth in electric and natural gas demand and usage, facilitate markets and assist market providers to achieve higher levels of energy efficiency, promote energy reliability and adequacy, avoid adverse environmental impacts from the use of energy, and promote rural economic development.
196.374(3)(b)2.
2. The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues to fund the utility's programs under
sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under
sub. (2) (a) 1., and the utility's share, as determined by the commission under
subd. 4., of the costs incurred by the commission in administering this section.
196.374(3)(b)4.
4. In each fiscal year, the commission shall collect from the persons with whom energy utilities contract under
sub. (2) (a) 1. an amount equal to the costs incurred by the commission in administering this section.
196.374(3)(c)
(c)
Reviews and approvals. The commission shall do all of the following:
196.374(3)(c)1.
1. Review and approve contracts under
sub. (2) (a) 1. between the energy utilities and program administrators.
196.374(3)(c)2.
2. Review requests under
sub. (2) (b). The commission may condition its approval of a request under
sub. (2) (b) as necessary to protect the public interest. The commission shall approve a request under
sub. (2) (b) 1. or
2. if the commission determines that a proposed energy efficiency or renewable resource program is in the public interest and satisfies all of the following:
196.374(3)(c)2.a.
a. The program has specific savings targets and performance goals approved by the commission.
196.374(3)(c)2.b.
b. The program is subject to independent evaluation by the commission.
196.374(3)(d)
(d)
Audits. Annually, the commission shall contract with one or more independent auditors to prepare a financial and performance audit of the programs specified in
par. (b) 1. The purpose of the performance audit shall be to evaluate the programs and measure the performance of the programs against the goals and targets set by the commission under
par. (b) 1. The person or persons with whom the energy utilities contract for program administration under
sub. (2) (a) 1. shall pay the costs of the audits from the amounts paid under the contracts under
sub. (2) (a) 1.
196.374(3)(e)
(e)
Reports. Annually, the commission shall prepare and post on the commission's Internet site a report and submit a summary of not more than 2 pages to the legislature under
s. 13.172 (2). The reports shall describe each of the following:
196.374(3)(e)1.
1. The expenses of the commission, utilities, and program administrators contracted under
sub. (2) (a) 1. in administering or participating in the programs under
sub. (2) (a) 1.
196.374(3)(e)2.
2. The effectiveness of the programs specified in
par. (b) 1. and
sub. (7) in reducing demand for electricity and increasing the use of renewable resources owned by customers or members.
196.374(3)(f)
(f)
Rules. The commission shall promulgate rules to establish all of the following:
196.374(3)(f)1.
1. Procedures for energy utilities to collectively contract with program administrators for administration of statewide programs under
sub. (2) (a) 1. and to receive contributions from municipal utilities and retail electric cooperatives under
sub. (7) (b) 2.
196.374(3)(f)2.
2. Procedures and criteria for commission review and approval of contracts for administration of statewide programs under
sub. (2) (a) 1., including criteria for the selection of program administrators under
sub. (2) (a) 1.
196.374(3)(f)4.
4. Minimum requirements for energy efficiency and renewable resource programs under
sub. (2) (a) 1. and customer energy efficiency programs under
sub. (2) (c).
196.374(4)
(4) Discrimination prohibited; competition. 196.374(4)(a)(a) In implementing programs under
sub. (2) (a) 1., including the awarding of grants or contracts, a person who contracts with the utilities under
sub. (2) (a) 1., or a person who subcontracts with such a person:
196.374(4)(a)1.
1. May not discriminate against an energy utility or its affiliate or a wholesale supplier or its affiliate solely on the basis of its status as an energy utility or its affiliate or wholesale supplier or its affiliate.
196.374(4)(a)2.
2. Shall provide services to utility customers on a nondiscriminatory basis and subject to a customer's choice.
196.374(4)(b)
(b) An energy utility that provides financing under an energy efficiency program under
sub. (2) (b) 1. or
2. for installation, by a customer, of energy efficiency or renewable resource processes, equipment, or appliances, or an affiliate of such a utility, may not sell to or install for the customer those processes, equipment, appliances, or related materials. The customer shall acquire the installation of the processes, equipment, appliances, or related materials from an independent contractor of the customer's choice.
196.374(5)(a)(a)
Rate-making orders. The commission shall ensure in rate-making orders that an energy utility recovers from its ratepayers the amounts the energy utility spends for programs under
sub. (2) (a) 1.
196.374(5)(b)2.
2. A customer of an energy utility that the commission has not determined is a large energy customer under
2005 Wisconsin Act 141, section 102 (8) (b), may petition the commission for a determination that the customer is a large energy customer. The commission shall determine that a petitioner is a large energy customer if the petitioner satisfies the definition of large energy customer for any month in the 12 months preceding the date of the petition. If the commission makes such a determination, the commission shall also determine the amount that the energy utility may collect from the customer each month for recovery of the amounts under
par. (a). The commission shall determine an amount that ensures that the amount collected from the customer is similar to the amounts collected from other customers that have a similar level of energy costs as the customer. Except as provided in
sub. (2) (c) and
par. (bm) 2., each month, the energy utility shall collect from the customer, for recovery of amounts under
par. (a), the amount determined by the commission under this subdivision.
196.374(5)(bm)1.1. The commission shall commence a proceeding for creating a proposal for allocating within different classes of customers an equitable distribution of the recovery of the amounts under
par. (a) by all energy utilities. The purpose of the allocation is to ensure that customers of an energy utility within a particular class are treated equitably with respect to customers of other energy utilities within the same class. No later than December 31, 2008, the commission shall submit the proposal to the governor and chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature under
s. 13.172 (3).
196.374(5)(bm)2.
2. If, by July 1, 2009, legislation based on the proposal under
subd. 1. has not been enacted, the commission shall, beginning on July 1, 2009, annually increase the amount that an energy utility may recover from a large energy customer each month under
par. (b) only by a percentage that is the lesser of the following:
