Amendment ASA1-AB587

AB587-ASA1,8,12 b. Use in this state the brand name, trademark or logo of a public utility or out-of-state utility.

AB587-ASA1,8,14 c. Use in this state any type of marketing identification that resembles a type used by a public utility or out-of-state utility.

AB587-ASA1,8,16 d. Provide any information about its customers in this state to a public utility or out-of-state utility.

AB587-ASA1,8,19 e. Participate with a public utility or out-of-state utility in any marketing activity in this state, including advertising, sales calls, proposals to existing or potential customers or trade shows, conferences or similar events.

AB587-ASA1,8,22 2. A public utility may not provide an affiliated interest with advertising or promotional space on any form of communication, including a bill envelope, to a customer or potential customer of the public utility.

AB587-ASA1,8,25 (d) Nondiscrimination. 1. A public utility may not treat its customers who are also customers of an affiliated interest any differently than the public utility treats its customers who are not also customers of an affiliated interest.

AB587-ASA1,9,4 2. An affiliated interest may not treat its customers in this state who are also customers of a public utility or out-of-state utility with which the affiliated interest is affiliated any differently than the affiliated interest treats its customers who are not customers of the public utility or out-of-state utility.

AB587-ASA1,9,8 (e) Providing certain information to customers. Except as directed by the commission, a public utility may not provide its customers with any information about persons who provide heating, ventilating, air conditioning, plumbing or electrical services or who sell, lease or repair appliances.

AB587-ASA1,9,14 (7) Private cause of action and forfeiture. A public utility or affiliated interest that violates this section or rules promulgated under this section is liable to any person injured by the violation for 3 times the amount of damages incurred as a result of the violation, together with costs and, notwithstanding s. 814.04 (1), reasonable attorney fees, and shall forfeit $2,000 for each violation. Each day of violation is a separate violation.

AB587-ASA1, s. 2 Section 2. 196.374 (1) of the statutes is renumbered 196.374 (1) (intro.) and amended to read:

AB587-ASA1,9,17 196.374 (1) (intro.) In this section "utility":

AB587-ASA1,9,18 (b) "Utility" means a class A gas or electric utility, as defined by the commission.

AB587-ASA1,9,25 (1g) Every utility shall spend annually contribute at least 0.5% of its total annual operating revenues on to fund the programs designed to promote and accomplish energy conservation established by the commission under sub. (1r) (a). The commission may require a utility to spend annually for the purpose of promoting and accomplishing energy conservation, contribute an amount which is more or less than 0.5% of its annual operating revenues if, after notice and hearing, the commission finds that the expenditure of such amount requirement is in the public interest. Except as provided in s. 196.035 (2) (b) or sub. (1r) (b), a utility, other than a municipal utility, may not provide energy conservation services to consumers, either directly or through a contract or any other arrangement with another person.

AB587-ASA1, s. 3 Section 3. 196.374 (1) (a) of the statutes is created to read:

AB587-ASA1,10,7 196.374 (1) (a) "Municipal utility" means a utility that is, or is owned or wholly operated by, a municipal electric company, as defined in s. 66.073 (3) (d), or a city, village or town.

AB587-ASA1, s. 4 Section 4. 196.374 (1r) of the statutes is created to read:

AB587-ASA1,10,15 196.374 (1r) (a) The commission shall establish programs funded under sub. (1g) that promote and, to the extent practicable, accomplish energy conservation. The commission shall develop a request-for-proposals procedure for selecting persons to administer or implement the programs established under this paragraph. Except as provided in par. (b), a utility, other than a municipal utility, may not participate in the administration or implementation of a program established under this paragraph.

AB587-ASA1,10,19 (b) The commission may require a utility, other than a municipal utility, to administer or implement a program established under par. (a) for low-income customers. The commission shall promulgate a rule that defines "low-income customers" for purposes of this paragraph.

AB587-ASA1, s. 5 Section 5. 196.374 (2) of the statutes is repealed.

AB587-ASA1, s. 6 Section 6. 196.374 (2m) of the statutes is created to read:

AB587-ASA1,10,25 196.374 (2m) (a) A utility may engage in efforts to educate consumers about energy conservation, but, except for a municipal utility, may not identify, recommend or suggest any specific person that provides energy conservation services or brand of product that is used for energy conservation.

AB587-ASA1,11,4 (b) Except for contributions under sub. (1g) or the administration or implementation of programs under sub. (1r) (b), a utility, other than a municipal utility, may not provide any financial assistance to a consumer with respect to any energy conservation effort undertaken by or on behalf of the consumer.

AB587-ASA1, s. 7 Section 7. 196.52 (3) (a) of the statutes is renumbered 196.52 (3) (a) (intro.) and amended to read:

AB587-ASA1,11,7 196.52 (3) (a) (intro.) In this subsection, "contract:

AB587-ASA1,11,14 1. "Contract or arrangement" means a contract or arrangement providing for the furnishing of management, supervisory, construction, engineering, accounting, legal, financial, research, development or similar services and any contract or arrangement for the purchase, sale, lease or exchange of any property, right, or thing, or for the furnishing of any service, property, right, or thing, other than management, supervisory, construction, engineering, accounting, legal, financial or similar services.

AB587-ASA1,11,23 (am) Except as provided under par. (b), unless and until the commission gives its written approval, any contract or arrangement is not valid or effective if the contract or arrangement is made between a public utility and an affiliated interest after June 7, 1931. Every public utility shall file with the commission a verified copy of any contract or arrangement, a verified summary of any unwritten contract or arrangement, and any contract or arrangement, written or unwritten, which was in effect on June 7, 1931. The commission shall may approve a contract or arrangement made or entered into after June 7, 1931, only if it shall clearly appear and be established upon all of the following conditions are met:

AB587-ASA1,12,12 2. After investigation, the commission determines that it the contract or arrangement is reasonable and consistent with the public interest and does not result in a violation of s. 196.035 (6) or 196.795 (5) (f). The commission may not approve any contract or arrangement unless satisfactory proof is submitted to the commission of the cost to the affiliated interest of rendering the services or of furnishing the property or service to each public utility or of the cost to the public utility of rendering the services or of furnishing the property or service to each affiliated interest. No proof is satisfactory under this paragraph subdivision unless it includes the original (or verified copies) of the relevant cost records and other relevant accounts of the affiliated interest, or an abstract of the records and accounts or a summary taken from the records and accounts if the commission deems the abstract or summary adequate. The accounts shall be properly identified and duly authenticated. The commission, where reasonable, may approve or disapprove a contract or arrangement without submission of the cost records or accounts.

AB587-ASA1, s. 8 Section 8. 196.52 (3) (a) 2. of the statutes is created to read:

AB587-ASA1,12,15 196.52 (3) (a) 2. "Exempt real property" has the meaning given in s. 196.795 (1) (fm).

AB587-ASA1, s. 9 Section 9. 196.52 (3) (am) 1. of the statutes is created to read:

AB587-ASA1,12,21 196.52 (3) (am) 1. If the contract or arrangement involves an activity related to the sale, lease or service of appliances, as defined in s. 196.795 (1) (b), or the performance of energy conservation, plumbing, electrical, heating, ventilating, air conditioning or sheet metalworking contracting services, the activity or service is performed in or on exempt real property.

AB587-ASA1, s. 10 Section 10. 196.52 (3) (b) 1. of the statutes is amended to read:

AB587-ASA1,13,8 196.52 (3) (b) 1. The Except for a contract or arrangement specified in par. (am) 1. that involves an activity or service that is performed on exempt real property, the requirement for written approval under par. (a) (am) shall not apply to any a contract or arrangement if the amount of consideration involved is not in excess of $25,000 or 5% of the equity of the public utility, whichever is smaller, and does not apply to a telecommunications utility contract or arrangement. 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.

AB587-ASA1, s. 11 Section 11. 196.52 (3) (c) 1. of the statutes is amended to read:

AB587-ASA1,13,11 196.52 (3) (c) 1. May not waive the requirement of the submission of cost records or accounts under par. (a) (am);

AB587-ASA1, s. 12 Section 12. 196.52 (3) (c) 2. of the statutes is amended to read:

AB587-ASA1,13,15 196.52 (3) (c) 2. Shall review the accounts of the affiliated interest as they relate to the contract or arrangement prior to the commission approving or disapproving the contract or arrangement under par. (a) (am); and

AB587-ASA1, s. 13 Section 13. 196.52 (3) (d) of the statutes is created to read:

AB587-ASA1,14,2 196.52 (3) (d) On the effective date of this paragraph .... [revisor inserts date], each public utility and affiliated interest that, before the effective date of this paragraph .... [revisor inserts date], have entered into a contract or arrangement that involves an activity related to the sale, lease or service of appliances, or that involves the performance of energy conservation, plumbing, electrical, heating, ventilating, air conditioning or sheet metalworking contracting services, shall terminate the contract or arrangement if the activity or service is not performed in or on exempt real property. In this paragraph, "public utility" does not include a public utility that is, or is owned or wholly operated by, a municipal electric company, as defined in s. 66.073 (3) (d), or a city, village or town.

AB587-ASA1, s. 14 Section 14. 196.52 (4) (a) of the statutes is amended to read:

AB587-ASA1,14,10 196.52 (4) (a) In any proceeding, whether upon the commission's own motion or upon application or complaint, involving the rates or practices of any public utility, the commission may exclude from the accounts of the public utility any payment or compensation to or from an affiliated interest for any services rendered or property or service furnished under an existing contract or arrangement with an affiliated interest under sub. (3) (a) unless the public utility establishes the reasonableness of the payment or compensation (am).

AB587-ASA1, s. 15 Section 15. 196.52 (6) of the statutes is amended to read:

AB587-ASA1,14,22 196.52 (6) If the commission finds upon investigation that a public utility, other than a telecommunications utility, is giving effect to a contract or arrangement without the commission's approval under this section, the commission shall issue a summary order directing that public utility to cease and desist from making any payments, receiving compensation, providing any service or otherwise giving any effect to the contract or arrangement until the contract or arrangement receives the approval of the commission. The circuit court of Dane county may enforce the order to cease and desist by appropriate process, including the issuance of a preliminary injunction, upon the suit of the commission and may require a public utility to forfeit $2,000 for each day that the public utility has given effect to a contract or arrangement without the commission's approval.

AB587-ASA1, s. 16 Section 16. 196.52 (7m) of the statutes is created to read:

AB587-ASA1,15,2 196.52 (7m) A public utility who violates sub. (3) (am) is liable to any person injured as a result of the violation for 3 times the amount of damages incurred as a result of the violation, together with costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.

AB587-ASA1, s. 17 Section 17. 196.59 of the statutes is amended to read:

AB587-ASA1,15,9 196.59 Merchandising by utilities. Each public utility engaged in the production, transmission, delivery or furnishing of heat, light or power either directly or indirectly to or for the use of the public shall keep separate accounts to show any profit or loss resulting from the sale of appliances or other merchandise. The commission may not take the profit or loss into consideration in arriving at any rate to be charged for service by the public utility.

AB587-ASA1, s. 18 Section 18. 196.795 (1) (b) of the statutes is amended to read:

AB587-ASA1,15,15 196.795 (1) (b) "Appliance" means any equipment used directly for lighting, cooking, drying, water tempering, space heating, space cooling or space ventilation. "Appliance" does not include equipment or devices which monitor or control the primary energy supply or source for any equipment used directly for lighting, cooking, drying, water tempering, space heating, space cooling or space ventilation.

AB587-ASA1, s. 19 Section 19. 196.795 (1) (fm) of the statutes is created to read:

AB587-ASA1,15,18 196.795 (1) (fm) "Exempt real property" means real property that satisfies any of the following:

AB587-ASA1,15,19 1. A public utility has an ownership or leasehold interest in the real property.

AB587-ASA1,15,21 2. Except for real property that is an improvement, a public utility has an easement in the real property.

AB587-ASA1,15,24 3. A public utility that is owned or operated wholly by a municipality or municipal electric company or a municipality or municipal electric company has an ownership or leasehold interest in the real property.

AB587-ASA1,16,2 4. A cooperative association, as defined in s. 196.035 (1) (bg), has an ownership or leasehold interest in the real property.

AB587-ASA1, s. 20 Section 20. 196.795 (1) (ik) of the statutes is created to read:

AB587-ASA1,16,5 196.795 (1) (ik) "Municipal electric company" has the meaning given in s. 66.073 (3) (d).

AB587-ASA1, s. 21 Section 21. 196.795 (1) (im) of the statutes is created to read:

AB587-ASA1,16,7 196.795 (1) (im) "Municipality" means a city, village or town.

AB587-ASA1, s. 22 Section 22. 196.795 (5) (q) 1. of the statutes is repealed.

AB587-ASA1, s. 23 Section 23. 196.795 (5) (q) 2. (intro.) of the statutes is renumbered 196.795 (5) (q) and amended to read:

AB587-ASA1,16,19 196.795 (5) (q) Except as provided under subd. 3., no No public utility affiliate or its subsidiary or a joint venture or partnership having a utility affiliate or its subsidiary as a member or partner may, in the service territory of the public utility affiliate, sell at retail, lease, install, maintain or service any appliance that uses as its primary energy source energy supplied by that public utility affiliate under rates and tariffs approved by the commission, unless the appliance is located in facilities owned or operated by that public utility affiliate or its subsidiary or unless the appliance is sold, leased, installed, maintained or serviced: located on exempt real property.

AB587-ASA1, s. 24 Section 24. 196.795 (5) (q) 2. a. of the statutes is repealed.

AB587-ASA1, s. 25 Section 25. 196.795 (5) (q) 2. b. of the statutes is repealed.

AB587-ASA1, s. 26 Section 26. 196.795 (5) (q) 2. c. of the statutes is repealed.

AB587-ASA1, s. 27 Section 27. 196.795 (5) (q) 3. of the statutes is repealed.

AB587-ASA1, s. 28 Section 28. 196.795 (5) (q) 4. of the statutes is repealed.

AB587-ASA1, s. 29 Section 29. 196.795 (7) (a) 2. of the statutes is repealed.

AB587-ASA1, s. 30 Section 30. 196.795 (7) (a) 3. of the statutes is amended to read:

AB587-ASA1,17,3 196.795 (7) (a) 3. Conduct a business that is functionally related to the provision of utility service or to the development or acquisition of energy resources.

AB587-ASA1, s. 31 Section 31. 196.795 (9m) of the statutes is amended to read:

AB587-ASA1,17,14 196.795 (9m) (title) Private cause of action and forfeiture. Any company in a holding company system which does, causes or permits to be done any prohibited action under sub. (5) (c) to (dr), (f), (h), (k), (n), (q), (r) or (s), or fails to comply with any term, limitation or condition imposed under sub. (2) (e) or (f) consistent with sub. (5) (c) to (dr), (f), (h), (k), (n), (q), (r) or (s), is liable to any person injured thereby in treble for 3 times the amount of damages sustained in consequence incurred as a result of the prohibited action or failure to act, together with costs and, notwithstanding s. 814.04 (1), reasonable attorney fees, and shall forfeit $2,000 for each violation or failure to comply. Each day of violation or failure to comply is a separate violation or failure to comply.

AB587-ASA1, s. 32 Section 32. Initial applicability.

AB587-ASA1,17,20 (1) Contracts or arrangements with affiliates. The treatment of sections 196.52 (3) (am) 1. and 196.795 (1) (b) of the statutes, the renumbering and amendment of section 196.52 (3) (a) of the statutes and the creation of section 196.52 (3) (a) 2. of the statutes first apply to contracts or arrangements entered into, renewed, extended or modified on the effective date of this subsection.

AB587-ASA1,17,24 (2) Separation between public utilities and affiliated interests. The treatment of sections 196.035, 196.52 (3) (a) 2. and 196.795 (1) (b) of the statutes first applies to contracts for leases, sales or purchases or transactions that are entered into, renewed, extended or modified on the effective date of this subsection.

AB587-ASA1,17,25 (3) Forfeitures and attorney fees.

AB587-ASA1,18,2 (4) The treatment of section 196.795 (9m) of the statutes first applies to violations or failures to comply that occur on the effective date of this paragraph.

AB587-ASA1,18,5 (5) The treatment of section 196.52 (6) and (7m) of the statutes first applies to contracts to which a public utility gives effect on, and violations that occur on, the effective date of this paragraph.

AB587-ASA1, s. 33 Section 33. Effective date.

AB587-ASA1,18,8 (1) This act takes effect on the first day of the 18th month beginning after publication.

AB587-ASA1,18,9 (End)