155,16
Section
16. 196.49 (5g) of the statutes is created to read:
196.49 (5g) (a) A public utility is exempt from the requirement to obtain a certification or approval of the commission under this section before beginning a proposed project if the estimated gross cost of the proposed project is not more than one of the following cost thresholds:
1. For an electric public utility whose electric operating revenues in the prior year were less than $5,000,000, the cost threshold is $250,000.
2. For an electric public utility whose electric operating revenues in the prior year were $5,000,000 or more and less than $250,000,000, the cost threshold is 4 percent of those operating revenues.
3. For an electric public utility whose electric operating revenues in the prior year were $250,000,000 or more, the cost threshold is $10,000,000.
4. For a natural gas public utility, the cost threshold is $2,500,000 or 4 percent of the public utility's natural gas operating revenues in the prior year, whichever is less.
5. For a water public utility or combined water and sewer public utility, the cost threshold is $250,000 or 25 percent of the utility's operating revenues in the prior year, whichever is less.
(b) Beginning on May 1, 2014, and on May 1 of each successive even-numbered year thereafter, the commission shall adjust the cost thresholds specified in par. (a) to reflect changes to the cost of utility construction based on the applicable industry cost index numbers published in the Handy-Whitman Index of Public Utility Construction Costs, or an equivalent successor index, and publicize the adjusted cost thresholds on the commission's Web site.
155,17
Section
17. 196.49 (5r) of the statutes is created to read:
196.49 (5r) (a) If a hearing is held on an application filed under sub. (1), (2), (3), or (5), the commission shall take final action on the application within 180 days after the commission issues a notice of hearing on the application. The chairperson of the commission may extend the time period for an additional 180 days for good cause. If the commission fails to take final action within the initial 180-day period, or the extended 180-day time period, the commission is considered to have issued a certificate of authority with respect to the application.
(b) If a hearing is not held on an application filed under sub. (1), (2), (3), or (5), the commission shall take final action on the application within 90 days after the commission issues a notice opening a docket on the application. The chairperson of the commission may extend the time period for an additional 90 days for good cause. If the commission fails to take final action within the initial 90-day period, or the extended 90-day time period, the commission is considered to have issued a certificate of authority with respect to the application.
155,18
Section
18. 196.491 (3m) (a) (intro.) of the statutes is amended to read:
196.491 (3m) (a) Commission approval required. (intro.) Except as provided in par. (e) 1., an affiliated interest of a public utility may not own, control or operate a wholesale merchant plant without the approval of the commission. The commission shall grant its approval only if each of the following is satisfied:
155,19
Section
19. 196.491 (3m) (c) 3. (intro.) of the statutes is amended to read:
196.491 (3m) (c) 3. (intro.) An Except as provided in par. (e) 2., an affiliated interest may not make any firm sale to a public utility with which the affiliated interest is affiliated if the firm sale satisfies any of the following:
155,20
Section
20. 196.491 (3m) (e) (title) of the statutes is repealed and recreated to read:
196.491 (3m) (e) (title) Exemptions.
155,21
Section
21. 196.491 (3m) (e) of the statutes is renumbered 196.491 (3m) (e) 1.
155,22
Section
22. 196.491 (3m) (e) 2. of the statutes is created to read:
196.491 (3m) (e) 2. Paragraph (c) 3. does not apply to a firm sale from a wholesale merchant plant located in Adams or Juneau county to a public utility if the wholesale merchant plant is owned by an affiliated interest of the public utility and the public utility owned, operated, or controlled the affiliated interest before January 1, 2012.
196.50 (2) (i) A telecommunications utility certified under this subsection is exempt from ss. 196.02 (2) and (6), 196.05, 196.06, 196.07, 196.08, 196.09, 196.10, 196.12, 196.13, 196.16, 196.18, 196.19, 196.20, 196.21, 196.219 (3) (c), (e), (g), and (L), (4d), (4m), and (5), 196.24, 196.395 (1), 196.49, 196.52, 196.58, 196.60, 196.64, 196.78, and 196.79 and, except with respect to wholesale telecommunications service, is exempt from s. 196.219 (4).
196.52 (3) (b) 1. The requirement for written approval under par. (a) shall not apply to any contract or arrangement if the amount of consideration involved is not in excess of $25,000 the threshold amount under subd. 1m. or 5% of the equity of the public utility, whichever is smaller. The requirement under par. (a) also does not apply to contracts or arrangements with joint local water authorities under s. 66.0823. Regularly recurring payments under a general or continuing arrangement which aggregate a greater annual amount may not be broken down into a series of transactions to come within the exemption under this paragraph. Any transaction exempted under this paragraph shall be valid or effective without commission approval under this section.
155,25
Section
25. 196.52 (3) (b) 1m. of the statutes is created to read:
196.52 (3) (b) 1m. The threshold amount under subd. 1. is $250,000, except that in 2014 and biennially thereafter, the commission shall adjust such threshold amount to reflect adjustments to the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, and disseminate the adjusted threshold on the commission's Web site.
155,26
Section
26. 196.52 (3) (d) of the statutes is created to read:
196.52 (3) (d) 1. If a hearing is held on an application under this subsection, the commission shall take final action on the application within 180 days after the commission issues a notice of hearing on the application. The chairperson of the commission may extend the time period for an additional 180 days for good cause. If the commission fails to take final action within the initial 180-day period, or the extended 180-day time period, the commission is considered to have approved the application.
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.
