c. If the panel has extended the period under subd. 1. and the respondent fails to file a response within the extended period, within 20 days after expiration of the extended period.
4. If the panel determines there is probable cause to believe that a respondent has taken an action that the respondent knew or should have known was in violation of this section, the panel may allow the respondent to attend an educational course in lieu of providing notice of probable violation to the commission under subd. 2. The one-call system shall require a respondent who agrees to attend the educational course to pay a fee before completion of the course for recovering a portion of the cost of producing the educational course and the direct cost of administering the educational course for the respondent. The one-call system shall deposit any fees collected in the damage prevention fund.
(c) Commission duties. 1. Upon the filing of a complaint under par. (bg) 2. or receipt of a referral under par. (br) 2., the commission may, with or without notice, investigate the complaint as it considers necessary to determine if sufficient cause exists to warrant a hearing on the complaint. If the commission determines that sufficient cause exists to warrant a hearing on the complaint, the commission shall set the matter for a public hearing upon 10 days' notice and treat the complaint as a contested case. If the commission determines that sufficient cause does not exist to warrant a hearing on the complaint, and within 30 days of that determination the complainant or respondent disputes that determination, the commission shall treat the complaint as a contested case.
2. At any time before the commission issues an order under subd. 4., the commission and the respondent may agree to dismiss the complaint by joint execution of a consent agreement. A consent agreement shall become effective when the commission issues an order approving the consent agreement.
3. A consent agreement under subd. 2. may assess against the respondent a forfeiture under par. (d) 1., require the respondent to attend the educational course under par. (br) 4., or do both. Each consent agreement under subd. 2. shall include all of the following:
a. An admission by the respondent of all jurisdictional facts.
b. An express waiver of any further procedural steps and of the right to seek judicial review or otherwise challenge or contest the validity of the commission's order approving the consent agreement.
c. A statement of the actions required of the respondent and the time by which the actions shall be completed.
4. If a complaint is treated as a contested case under subd. 1. and not dismissed under a consent agreement under subd. 2., the commission shall determine whether probable cause exists to believe the respondent has taken an action that the respondent knew or should have known was in violation of this section. If the commission determines that the respondent has taken an action that the respondent knew or should have known was in violation of this section, the commission may issue an order that assesses a forfeiture under par. (d) 1., requires the respondent to attend the educational course under par. (br) 4., or does both. The commission may not issue an order under this subdivision without a hearing.
5. If a consent agreement under subd. 2. or order under subd. 4. requires a respondent to attend the educational course under par. (br) 4., the consent agreement or order shall also require the respondent to pay the one-call system a fee determined by the one-call system for the educational course, which the one-call system shall deposit in the damage prevention fund.
136,29
Section
29. 182.0175 (3) (d) 2. of the statutes is created to read:
182.0175 (3) (d) 2. For each forfeiture assessed under subd. 1., the commission shall require the person assessed to pay a surcharge equal to 10 percent of the amount of the forfeiture to the one-call system, which the one-call system shall deposit in the damage prevention fund. If the amount of a forfeiture is reduced on appeal, the amount of the surcharge shall be proportionately reduced.
136,30
Section
30. 182.0175 (3) (e) of the statutes is created to read:
182.0175 (3) (e) Lawful and reasonable orders and determinations. After the effective date of any order or determination of the commission under this section, the order or determination shall be on its face lawful and reasonable unless a court determines otherwise under s. 227.57.
136,31
Section
31. 182.0175 (3) (f) of the statutes is created to read:
182.0175 (3) (f) Judicial review. Judicial review of an order of the commission under par. (c) 4. may be had by any person aggrieved in the manner prescribed in ch. 227.
136,32
Section
32. 182.0175 (3) (g) of the statutes is created to read:
182.0175 (3) (g) Rules. The commission may promulgate rules implementing the requirements under pars. (c) to (e).
136,33
Section
33. 182.0175 (3g) of the statutes is created to read:
182.0175 (3g) Other forfeitures. (a) 1. This subsection applies to violations involving transmission facilities that do not transport natural gas or other hazardous materials.
2. Except as provided in subd. 3., this subsection does not apply to violations by any of the following:
a. A residential property owner or tenant whose violation of this section results from an excavation on property owned or leased by the residential property owner or tenant.
b. A person whose violation of this section results from an excavation performed while the person is engaged in an agricultural activity.
3. Subdivision 2. does not apply to an excavation performed by or on behalf of a person engaged in the business of performing excavations for the public.
(b) Any person who willfully and knowingly violates this section may be required to forfeit $2,000 for each offense. Each day of continued violation constitutes a separate offense.
136,34
Section
34. 182.0175 (4) of the statutes is amended to read:
182.0175 (4) Right of action.
This Except as provided in sub. (3) (d) 1. and (e), this section shall not affect any right of action or penalty which this state or any person may have.
136,35
Section
35. 182.0175 (5) of the statutes is amended to read:
182.0175 (5) Right to injunction. If any person engages in or is likely to engage in excavation inconsistent with this section and which results or is likely to result in damage to transmission facilities, the person who owns or operates the facilities may seek injunctive relief in the circuit court for the county in which the transmission facilities are located. If the transmission facilities are owned or operated by a public utility as defined in s. 196.01 (5), including a telecommunications carrier, as defined in s. 196.01 (8m), and the public utility does not seek injunctive relief, the attorney general, upon request of the public service commission, shall seek injunctive relief in the circuit court for the county in which the transmission facilities are located.
136,36
Section
36. 196.025 (4) of the statutes is repealed.
136,37
Section
37. 196.025 (5) of the statutes is repealed.
136,38
Section
38. 196.025 (7) of the statutes is created to read:
196.025 (7) State energy office. (a) The commission shall do all of the following:
1. In cooperation with the other state agencies, collect, analyze, interpret, and maintain the comprehensive data needed for effective state agency energy planning and effective review of those plans by the governor and the legislature.
2. Administer federal energy grants, when so designated by the governor pursuant to s. 16.54.
(b) The commission may provide technical assistance to units of government other than the state to assist in the planning and implementation of energy efficiency and renewable resources and may charge for those services. The commission may request technical and staff assistance from other state agencies in providing technical assistance to those units of government.
(c) The commission may require a public utility to provide energy billing and use data regarding public schools, if the commission determines that the data is necessary to provide technical assistance in the planning and implementation of energy efficiency and renewable resources in public schools, including those with the highest energy costs.
136,39
Section
39. 196.026 of the statutes is created to read:
196.026 Settlements. (1) All parties to dockets before the commission are encouraged to enter into settlements when possible.
(2) In this section, “docket” means an investigation, proceeding, or other matter opened by a vote of the commission, except for rule making.
(3) Parties to a docket may agree upon some or all of the facts. The agreement shall be evidenced by a written stipulation filed with the commission or entered upon the record. The stipulation shall be regarded and used as evidence in the docket.
(4) Parties to a docket may agree upon a resolution of some or all of the issues. When a written settlement agreement is proposed by some of the parties, those parties shall submit to the commission the settlement agreement and any documents, testimony, or exhibits, including record citations if there is a record, and any other matters those parties consider relevant to the proposed settlement and serve a copy of the settlement agreement upon all parties to the docket.
(5) If a proposed settlement agreement is not supported by all parties, the settling parties shall convene at least one conference with notice and opportunity to participate provided to all parties for the purpose of discussing the proposed settlement agreement. A nonsettling party may waive its right to the conference provided in this subsection.
(6) Within 30 days of service of a settlement agreement under sub. (4), each party to the docket shall respond in writing by filing and serving on all parties the party's agreement, objection, or nonobjection to the settlement agreement. Failure to respond in writing within 30 days of service, unless a different time is set by the commission for good cause, shall constitute nonobjection to the settlement agreement. A party objecting to a settlement agreement shall state all objections with particularity and shall specify how the party would be adversely affected by each provision of the settlement agreement to which the party objects.
(7) The commission may approve a settlement agreement under sub. (4) if all of following conditions are met:
(a) All of the following have been given a reasonable opportunity to present evidence and arguments in opposition to the settlement agreement:
1. Each party that has filed an objection or nonobjection to the settlement agreement under sub. (6).
2. Each party whose failure to respond in writing constitutes a nonobjection to the settlement agreement under sub. (6).
(b) The commission finds that the public interest is adequately represented by the parties who entered into the settlement agreement.
(c) The commission finds that the settlement agreement represents a fair and reasonable resolution to the docket, is supported by substantial evidence on the record as a whole, and complies with applicable law, including that any rates resulting from the settlement agreement are just and reasonable.
(8) The commission may approve a settlement agreement under sub. (4) in whole or in part and with conditions deemed necessary by the commission. If the settlement agreement does not resolve all of the issues in the docket, the commission shall decide the remaining issues in accordance with applicable law and procedure.
136,41
Section
41. 196.192 (2) (bm) of the statutes, as affected by
2017 Wisconsin Act 58, is renumbered 196.192 (2) (bm) (intro.) and amended to read:
196.192 (2) (bm) (intro.) The
Except as provided in par. (br), the commission shall approve market-based rates that are consistent with the options specified in par. (am), except that the for each investor-owned electric public utility that satisfy all of the following:
(br) The commission may not approve a market-based rate under par. (bm) unless the commission determines that the rate will not harm shareholders of the investor-owned electric public utility or customers who are not subject to the rate.
136,42
Section
42. 196.192 (2) (bm) 1. and 2. of the statutes are created to read:
196.192 (2) (bm) 1. The rates result in customers receiving market-based compensation for voluntary interruptions of firm load during peak periods of electric use.
2. The rates include market-based pricing options and options for individual contracts that allow a retail customer, through service from its existing public utility, to receive market benefits and take market risks for the customer's purchases of capacity or energy.
196.192 (2) (c) Subject to any approval of the commission that is necessary, an electric public utility that is not an investor-owned electric public utility may implement market-based rates approved under par. (bm) or implement the options in filings under par. (am) that are approved by the commission.
196.192 (3m) Nothing in s. 196.20, 196.22, 196.37, 196.60 or 196.604 prohibits the commission from approving a filing under sub. (2) (am) or (2m) (a) or approving market-based rates under sub. (2) (bm) or (2m) (b).
136,45
Section
45. 196.193 (3) of the statutes is amended to read:
196.193 (3) Determination of an overall rate of return. Not later than March 1 annually, the commission shall set the overall rate of return to be applicable to municipally owned water public utilities or municipally owned combined water and sewer public utilities for rate increases under this section. The overall rate of return shall be equal to the simple average, rounded to the nearest tenth of 1 percent, of commission shall consider the interest rates listed for state and local bonds in the Federal Reserve Statistical Release H.15 (519) published by the federal reserve board, for the last quarter of the prior year, plus 2 percent setting the overall rate of return. The overall rate of return need not be defined by rule.
196.218 (3) (a) 2e. a. The commission shall estimate the amount of unencumbered balances under s. 20.155 (1) (q) and (3) (rm) for that fiscal year that will transfer to the appropriation account under s. 20.155 (3) (r).
b. The department of public instruction shall provide the commission with the department's estimate of the total amount of unencumbered balances under s. 20.255 (1) (q) and (3) (q), (qm), and (r) for that fiscal year that will transfer to the appropriation account under s. 20.155 (3) (r).
c. The Board of Regents of the University of Wisconsin System shall provide the commission with the board's estimate of the amount of unencumbered balance under s. 20.285 (1) (q) for that fiscal year that will transfer to the appropriation account under s. 20.155 (3) (r).
196.218 (3) (a) 2m. No later than 30 days after the close of a fiscal biennium, the department of administration shall provide the commission with the department's estimate of the amount of unencumbered balance under s. 20.505 (4) (s) for that fiscal biennium that will transfer to the appropriation account under s. 20.155 (3) (r).
136,45p
Section 45p. 196.218 (3) (a) 2s. of the statutes, as created by
2017 Wisconsin Act 59, is renumbered 196.218 (3) (a) 2s. (intro.) and amended to read:
196.218 (3) (a) 2s. (intro.) Thirty days after the close of a fiscal year or as soon as practicable thereafter, the commission shall determine the sum of the estimates specified in subd. 2e. a., b., and c. If the close of a fiscal year is also the close of a fiscal biennium, the sum shall include the estimate specified in subd. 2m. In the subsequent fiscal year, the commission shall transfer
all of the following apply:
b. There is transferred from the universal service fund to the appropriation account under s. 20.155 (3) (rm) an amount equal to $2,000,000 less the sum determined under this subdivision subd. 2s. (intro.).
136,45t
Section 45t. 196.218 (3) (a) 2s. a. of the statutes is created to read:
196.218 (3) (a) 2s. a. There is transferred from the universal service fund to the appropriation account under s. 20.155 (3) (r) an amount equal to the sum determined under subd. 2s. (intro.).
136,46
Section
46. 196.49 (5g) (ag) of the statutes is amended to read:
196.49 (5g) (ag) In this subsection, “rebuild" means the replacement of all or part of an existing electric transmission line and associated facilities to increase the line's capacity to carry current at the same voltage, including conductors, insulators, transformers, or structures, for operation at the same voltage.
136,47
Section
47. 196.49 (5g) (ar) 2m. b. of the statutes is amended to read:
196.49 (5g) (ar) 2m. b. The
Not more than one-half mile of the centerline of the rebuilt electric transmission line is located within more than 60 feet on either side of the centerline of an existing electric transmission line operating at a nominal voltage of 69 kilovolts or more. In this subd. 2m. b., “centerline" has the meaning given in s. 196.491 (4) (c) 1e.
136,48
Section
48. 196.49 (5g) (ar) 2m. c. of the statutes is amended to read:
196.49 (5g) (ar) 2m. c. The project requires the acquisition in total of one-half mile or less of rights-of-way from landowners from which rights-of-way were
would not be required to be acquired for the existing electric transmission line specified in subd. 2m. b.
136,49
Section
49. 196.491 (4) (c) 1m. (intro.) of the statutes is amended to read:
196.491 (4) (c) 1m. (intro.) Except as provided in subd. 1s., a certificate under sub. (3) is not required for a person to construct a high-voltage transmission line designed for operation at a nominal voltage of less than 345 kilovolts if not more than one-half mile of the centerline of the new high-voltage transmission line is located within more than 60 feet on either side of the centerline of an existing electric transmission line operating at a nominal voltage of 69 kilovolts or more and the applicant demonstrates all of the following apply:
136,50
Section
50. 196.491 (4) (c) 1m. a. of the statutes is amended to read:
196.491 (4) (c) 1m. a. That the
The project will not have undue adverse environmental impacts.
136,51
Section
51. 196.491 (4) (c) 1m. b. of the statutes is amended to read:
196.491 (4) (c) 1m. b. That the
The new high-voltage transmission line requires the acquisition in total of one-half mile or less of rights-of-way from landowners from which rights-of-way were would not be required to be acquired for the existing electric transmission line.
136,52
Section
52. 196.595 (1) (c) of the statutes is amended to read:
196.595 (1) (c) “Public utility" in this section means any public utility, as defined in s. 196.01, engaged in the transmission, delivery, or furnishing of natural gas by means of pipes or mains, heat, light, water, or power. “Public utility" does not include any cooperative association organized under ch. 185.
