2015 - 2016 LEGISLATURE
October 8, 2015 - Introduced by Representatives Petersen, Kuglitsch, Macco,
Neylon, Jacque, Thiesfeldt, Weatherston, Kremer, Kulp, Brandtjen, E.
, Murphy, Craig, Sanfelippo, Loudenbeck, Quinn, T. Larson, Petryk,
Schraa, Tauchen, Jagler, Jarchow, Nygren, Tittl, J. Ott, Knudson, Knodl,
Kleefisch, Vorpagel, Gannon and Rohrkaste, cosponsored by Senators
Lasee and Wanggaard. Referred to Committee on Energy and Utilities.
AB384,1,3 1An Act to repeal 196.493; to amend 196.491 (3) (d) (intro.); and to create 1.12
2(4) (cm) of the statutes; relating to: requirements for approval of construction
3of nuclear power plants and changes to the state's energy priorities policy.
Analysis by the Legislative Reference Bureau
This bill makes changes to the approval of nuclear power plants. Under current
law, with certain exceptions, a person may not construct any new power plant unless
the Public Service Commission (PSC) has issued a certificate to the person. The PSC
may not issue a certificate unless specified requirements are satisfied. In addition,
if the proposed power plant is a nuclear power plant, current law prohibits the PSC
from issuing a certificate unless the PSC finds both of the following: 1) that there
is a facility with sufficient capacity to receive the spent fuel from all nuclear power
plants in the state; and 2) that construction of the power plant is economically
advantageous to ratepayers based on specified factors. This bill eliminates the
additional findings required under current law for a proposed nuclear power plant.
The bill also makes changes to current law that provides that, in meeting
energy demands, the policy of the state is that, to the extent cost-effective and
technically feasible, options be considered based on the following priorities, in the
following order: 1) energy conservation and efficiency; 2) noncombustible renewable
energy resources; 3) combustible renewable energy resources; and 4) nonrenewable
combustible energy resources. Current law requires, to the greatest extent
cost-effective and technically feasible, state agencies and local governments to
design new and replacement energy projects in accordance with the priorities. In

addition, the Department of Administration must implement the priorities in
designing its energy programs and awarding grants or loans for energy projects, and,
with certain exceptions, the PSC must implement the priorities, to the extent
cost-effective, technically feasible, and environmentally sound, in making all
energy-related decisions and orders.
The bill changes the priorities by creating a new option that must be considered
after combustible renewable energy resources, but before nonrenewable combustible
energy resources. The new option that must be considered is advanced nuclear
energy using a reactor design or amended reactor design approved after December
31, 2010, by the U.S. Nuclear Regulatory Commission.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB384,1 1Section 1. 1.12 (4) (cm) of the statutes is created to read:
AB384,2,42 1.12 (4) (cm) Advanced nuclear energy using a reactor design or amended
3reactor design approved after December 31, 2010, by the U.S. Nuclear Regulatory
AB384,2 5Section 2. 196.491 (3) (d) (intro.) of the statutes is amended to read:
AB384,2,96 196.491 (3) (d) (intro.) Except as provided under par. (e) and s. 196.493, the
7commission shall approve an application filed under par. (a) 1. for a certificate of
8public convenience and necessity only if the commission determines all of the
AB384,3 10Section 3. 196.493 of the statutes is repealed.
AB384,2,1111 (End)