SB85-SSA1, s. 3 3Section 3. 196.80 (1g) of the statutes is renumbered 196.80 (1g) (intro.) and
4amended to read:
SB85-SSA1,2,55 196.80 (1g) (intro.) In this section, "public:
SB85-SSA1,2,6 6(f) "Public utility" does not include a telecommunications utility.
SB85-SSA1, s. 4 7Section 4. 196.80 (1g) (a) to (e) of the statutes are created to read:
SB85-SSA1,2,98 196.80 (1g) (a) "Electric or gas public utility" means a public utility that
9provides electricity or gas service.
SB85-SSA1,2,1010 (b) "Holding company" has the meaning given in s. 196.795 (1) (h).
SB85-SSA1,2,1111 (c) "Holding company system" has the meaning given in s. 196.795 (1) (i).
SB85-SSA1,2,1412 (d) "Out-of-state utility" means a person that would be a public utility, as
13defined in s. 196.01 (5), other than a telecommunications utility, but for one of the
14following:
SB85-SSA1,2,1715 1. The plant or equipment owned, operated, managed or controlled by the
16person for the production, transmission, delivery or furnishing of heat, light, water
17or power is not within this state.
SB85-SSA1,2,2018 2. For a person engaged in the transmission or delivery of natural gas for
19compensation by means of pipes or mains, the transmission or delivery is not within
20this state.
SB85-SSA1,2,2321 (e) "Provide electricity or gas service" means to generate, produce, transmit,
22deliver, distribute, furnish or provide electricity or gas or both, directly or indirectly,
23to the public in this or any other state.
SB85-SSA1, s. 5 24Section 5. 196.80 (1r) of the statutes is created to read:
SB85-SSA1,3,5
1196.80 (1r) (a) A person may not form a holding company under s. 196.795 (2)
2that results in a holding company system that includes both an electric or gas public
3utility and any other public utility, or out-of-state utility, that provides the same
4type of electricity or gas service, unless the person obtains the consent and approval
5of the commission under this section.
SB85-SSA1,3,116 (b) A holding company may not take, hold or acquire directly or indirectly 5%
7or more of the outstanding voting securities of an out-of-state utility with the
8unconditional power to vote the securities if there is an electric or gas public utility
9in the holding company system that provides the same type of electricity or gas
10service as the out-of-state utility provides, unless the holding company obtains the
11consent and approval of the commission under this section.
SB85-SSA1, s. 6 12Section 6. 196.80 (3) of the statutes is renumbered 196.80 (3) (a) and amended
13to read:
SB85-SSA1,3,2014 196.80 (3) (a) The interested A public utility that proposes to take an action
15under sub. (1m), a person specified in sub. (1r) (a) or a holding company specified in
16sub. (1r) (b)
shall make an application for the approval and consent of the commission
17under this section. The application shall contain a concise statement of the proposed
18action, the reasons for the action and any other information required by the
19commission. If an application is filed, the commission shall investigate the
20application. The
SB85-SSA1,3,24 21(b) Except as provided in sub. (4), an investigation under par. (a) may be with
22or without a public hearing. If the commission conducts a public hearing under this
23paragraph
, the hearing shall be upon such notice as the commission may require.
24If
SB85-SSA1,4,5
1(c) Except as provided in sub. (4), if the commission finds that the proposed
2action is consistent with the public interest, it shall give its consent and approval in
3writing. In reaching its determination the commission shall take into consideration
4the reasonable value of the property and assets of the corporation to be acquired or
5merged.
SB85-SSA1, s. 7 6Section 7. 196.80 (4) of the statutes is created to read:
SB85-SSA1,4,87 196.80 (4) (a) The commission shall hold a contested case hearing under s.
8227.44 if an application is filed under sub. (3) (a) by any of the following:
SB85-SSA1,4,129 1. A public utility that proposes to take an action under sub. (1m) and that is
10an electric or gas public utility, if the proposed action involves any public utility or
11out-of-state utility that has total annual gross operating revenues of $100,000,000
12or more.
SB85-SSA1,4,1513 2. A person specified in sub. (1r) (a), if any public utility or out-of-state utility
14in the resulting holding company system has total annual gross operating revenues
15of $100,000,000 or more.
SB85-SSA1,4,1916 3. A holding company specified in sub. (1r) (b), if the out-of-state utility whose
17voting securities are taken, held or acquired by the holding company, or any public
18utility, or an out-of-state utility, in the holding company system, has total annual
19gross operating revenues of $100,000,000 or more.
SB85-SSA1,4,2520 (am) Notwithstanding par. (a), the commission is not required to hold a
21contested case hearing on an application specified in par. (a) if, no sooner than 90
22days after the application is filed with the commission, each party in the proceeding
23on the proposed action, including any party that is not a public utility, agrees to waive
24the requirement to hold a contested case hearing and the commission approves the
25waiver.
SB85-SSA1,5,4
1(b) After a contested case hearing under par. (a) or a proceeding without a
2contested case hearing under par. (am), the commission may give its consent and
3approval if the commission finds by a preponderance of the evidence that the
4proposed action satisfies all of the following conditions:
SB85-SSA1,5,75 1. The proposed action produces demonstrated, direct and substantial
6short-term and long-term benefits for ratepayers and ensures, to the fullest extent
7possible, that ratepayers will receive the short-term and long-term benefits.
SB85-SSA1,5,148 2. The proposed action does not have a substantially adverse impact on
9competition in a market in this state. In making this finding, the commission shall
10request that the attorney general provide comments to the commission on the impact
11of the proposed action on such competition and whether any terms, limitations or
12conditions on the proposed action would mitigate any adverse impacts. The
13commission shall prepare a response to any comments provided by the attorney
14general and include the response in the record of its decision.
SB85-SSA1,5,1715 3. The proposed action is in the public interest. In making this finding, the
16commission shall consider whether the proposed action satisfies each of the
17following:
SB85-SSA1,5,2018 a. The proposed action maintains or improves the financial condition and
19quality of management of the public utilities involved in the proposed action and the
20quality of service provided by the public utilities.
SB85-SSA1,5,2321 b. The proposed action is fair and equitable to union and nonunion employes
22of the public utilities involved in the proposed action and to a majority of the holders
23of securities issued by each public utility.
SB85-SSA1,6,3
1c. The proposed action produces benefits to statewide and local economies and
2to communities in the service areas of the public utilities involved in the proposed
3action.
SB85-SSA1,6,64 d. The proposed action preserves the jurisdiction of the commission to
5effectively regulate and audit the operations of the public utilities involved in the
6proposed action.
SB85-SSA1,6,87 e. The proposed action does not have a significant adverse impact on the
8environment.
SB85-SSA1,6,109 f. The proposed action mitigates any significant adverse impacts on the public
10interest.
SB85-SSA1,6,1211 g. Based on any other factor as determined by the commission, the proposed
12action is in the public interest.
SB85-SSA1,6,1613 (c) In giving consent and approval under par. (b), the commission may impose
14terms, conditions or limitations on the proposed action that mitigate any adverse
15impact on competition or the public interest that would otherwise result from the
16proposed action.
SB85-SSA1, s. 8 17Section 8. Initial applicability.
SB85-SSA1,6,2018 (1) This act first applies to applications for consents and approvals that are
19pending before or submitted to the public service commission on the effective date
20of this subsection.
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