AB133-SSA1-SA1,334,2520 (c) No later than April 15 annually, an electric provider shall submit a report
21to the department that describes the electric provider's compliance with par. (a).
22Reports under this paragraph may include certifications from wholesale suppliers
23regarding the sources and amounts of energy supplied to an electric provider. The
24department may specify the documentation that is required to be included with
25reports submitted under this paragraph.
AB133-SSA1-SA1,335,5
1(d) The commission shall allow an electric utility to recover from ratepayers the
2cost of providing total renewable energy to its retail customers or members in
3amounts that equal or exceed the percentages specified in par. (a). Subject to any
4approval of the commission that is necessary, an electric utility may recover costs
5under this paragraph by any of the following methods:
AB133-SSA1-SA1,335,76 1. Allocating the costs equally to all customers or members on a kilowatt-hour
7basis.
AB133-SSA1-SA1,335,98 2. Establishing alternative price structures, including price structures under
9which customers or members pay a premium for renewable energy.
AB133-SSA1-SA1,335,1010 3. Any combination of the methods specified in subds. 1. and 2.
AB133-SSA1-SA1,335,1111 (e) 1. This subsection does not apply to any of the following:
AB133-SSA1-SA1,335,1312 a. An electric provider that provides more than 10% of its summer peak demand
13in this state from renewable facilities.
AB133-SSA1-SA1,335,1514 b. An electric provider that provides more than 10% of its summer peak demand
15from renewable resources.
AB133-SSA1-SA1,335,1816 2. For purposes of calculating the percentages under subd. 1., an electric
17provider may include renewable facilities located in this or another state and
18renewable facilities located on its or another electric provider's system.
AB133-SSA1-SA1,335,2219 3. Notwithstanding subd. 1., this subsection applies to an electric provider
20unless the electric provider provides documentation to the commission that
21establishes, to the satisfaction of the commission, that the electric provider satisfies
22the requirements under subd. 1. a. or b.
AB133-SSA1-SA1,336,6 23(3) Renewable resource credits. (a) An electric provider that provides total
24renewable energy to its retail electric customers or members in excess of the
25percentages specified in sub. (2) (a) 1. to 6. may, in the applicable year, sell to any

1other electric provider a renewable resource credit or a portion of a renewable
2resource credit at any negotiated price. Alternatively, an electric provider may use
3a renewable resource credit or portion of a renewable resource credit in a subsequent
4year to establish compliance with sub. (2) (a). The commission shall promulgate
5rules that establish requirements for calculating the amount of a renewable resource
6credit.
AB133-SSA1-SA1,336,87 (b) The commission may promulgate rules that establish requirements and
8procedures for a sale under par. (a).
AB133-SSA1-SA1,336,11 9(4) Rules. The commission may promulgate rules that designate a resource,
10except for a conventional resource, as a renewable resource in addition to the
11resources specified in sub. (1) (g) 1. and 1m.
AB133-SSA1-SA1,336,18 12(5) Penalty. Any person who violates sub. (2) or any wholesale supplier who
13provides an electric provider with a false or misleading certification regarding the
14sources or amounts of energy supplied to the electric provider shall forfeit not less
15than $5,000 nor more than $500,000. Forfeitures under this subsection shall be
16enforced by action on behalf of the state by the attorney general. A court imposing
17a forfeiture under this subsection shall consider all of the following in determining
18the amount of the forfeiture:
AB133-SSA1-SA1,336,2019 (a) The appropriateness of the forfeiture to the person's or wholesale supplier's
20volume of business.
AB133-SSA1-SA1,336,2121 (b) The gravity of the violation.
AB133-SSA1-SA1,336,2322 (c) Whether a violation of sub. (2) is due to circumstances beyond the violator's
23control.".
AB133-SSA1-SA1,336,24 24973. Page 1186, line 2: after that line insert:
AB133-SSA1-SA1,337,2
1" Section 2335ta. 196.485 (title) of the statutes is repealed and recreated to
2read:
AB133-SSA1-SA1,337,3 3196.485 (title) Transmission system requirements.
AB133-SSA1-SA1, s. 2335tb 4Section 2335tb. 196.485 (1) (am) of the statutes is created to read:
AB133-SSA1-SA1,337,75 196.485 (1) (am) "Contribute a transmission facility" means to divest a person's
6interest in the transmission facility and to transfer ownership of the transmission
7facility and associated deferred tax reserves to another person.
AB133-SSA1-SA1, s. 2335tc 8Section 2335tc. 196.485 (1) (be) of the statutes is created to read:
AB133-SSA1-SA1,337,119 196.485 (1) (be) "Director" means, with respect to a transmission company
10organized as a corporation under ch. 180, a member of the board of directors of the
11transmission company.
AB133-SSA1-SA1, s. 2335td 12Section 2335td. 196.485 (1) (bs) of the statutes is created to read:
AB133-SSA1-SA1,337,1313 196.485 (1) (bs) "Electric utility" has the meaning given in s. 196.491 (1) (d).
AB133-SSA1-SA1, s. 2335te 14Section 2335te. 196.485 (1) (dm) (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,337,1515 196.485 (1) (dm) (intro.) "Independent transmission owner" means:
AB133-SSA1-SA1,337,16 161m. Means a person that satisfies each of the following:
AB133-SSA1-SA1, s. 2335tf 17Section 2335tf. 196.485 (1) (dm) 1. of the statutes is renumbered 196.485 (1)
18(dm) 1m. a.
AB133-SSA1-SA1, s. 2335tg 19Section 2335tg. 196.485 (1) (dm) 2. of the statutes is created to read:
AB133-SSA1-SA1,337,2020 196.485 (1) (dm) 2. Does not include the transmission company.
AB133-SSA1-SA1, s. 2335th 21Section 2335th. 196.485 (1) (dm) 3. of the statutes is renumbered 196.485 (1)
22(dm) 1m. b. and amended to read:
AB133-SSA1-SA1,337,2423 196.485 (1) (dm) 1m. b. The person is not an affiliated interest of a person
24specified in subd. 1. 1m. a.
AB133-SSA1-SA1, s. 2335ti 25Section 2335ti. 196.485 (1) (do) of the statutes is created to read:
AB133-SSA1-SA1,338,3
1196.485 (1) (do) "Land right" means any right in real property, including fee
2simple ownership or a right-of-way or easement, that has been acquired for a
3transmission facility that is located or intended to be located on the real property.
AB133-SSA1-SA1, s. 2335tk 4Section 2335tk. 196.485 (1) (dq) of the statutes is created to read:
AB133-SSA1-SA1,338,75 196.485 (1) (dq) "Manager" means, with respect to a transmission company
6organized as a limited liability company under ch. 183, a manager, as defined in s.
7183.0102 (13), of the transmission company.
AB133-SSA1-SA1, s. 2335tL 8Section 2335tL. 196.485 (1) (dr) of the statutes is created to read:
AB133-SSA1-SA1,338,119 196.485 (1) (dr) "Merger enforcement policy" means the enforcement policy of
10the federal department of justice and the federal trade commission regarding
11horizontal acquisitions and mergers that are subject to 15 USC 1, 18 or 45.
AB133-SSA1-SA1, s. 2335tm 12Section 2335tm. 196.485 (1) (ds) of the statutes is created to read:
AB133-SSA1-SA1,338,1613 196.485 (1) (ds) "Midwest independent system operator" means the
14independent system operator the establishment of which the federal energy
15regulatory commission has conditionally authorized in an order issued on September
1616, 1998, or the successor to such independent system operator.
AB133-SSA1-SA1, s. 2335tn 17Section 2335tn. 196.485 (1) (dt) of the statutes is created to read:
AB133-SSA1-SA1,338,1918 196.485 (1) (dt) "Nontransmission utility security holder" means a security
19holder that is not a transmission utility security holder.
AB133-SSA1-SA1, s. 2335to 20Section 2335to. 196.485 (1) (dv) of the statutes is created to read:
AB133-SSA1-SA1,339,221 196.485 (1) (dv) "Organizational start-up date" means, with respect to a
22transmission company that is organized as a limited liability company under ch. 183,
23the date on which the articles of organization become effective under s. 183.0111 or,
24with respect to a transmission company that is organized as a corporation under ch.

1180, the date on which the articles of incorporation become effective under s.
2180.0123.
AB133-SSA1-SA1, s. 2335tp 3Section 2335tp. 196.485 (1) (em) of the statutes is created to read:
AB133-SSA1-SA1,339,54 196.485 (1) (em) "Retail electric cooperative" means a cooperative that provides
5retail electric service to its members.
AB133-SSA1-SA1, s. 2335tq 6Section 2335tq. 196.485 (1) (fe) of the statutes is created to read:
AB133-SSA1-SA1,339,107 196.485 (1) (fe) "Security" means, with respect to a transmission company
8organized as a corporation under ch. 180, a share, as defined in s. 180.0103 (15), and,
9with respect to a transmission company organized as a limited liability company
10under ch. 183, a limited liability company interest, as defined in s. 183.0102 (11).
AB133-SSA1-SA1, s. 2335tr 11Section 2335tr. 196.485 (1) (ge) of the statutes is created to read:
AB133-SSA1-SA1,339,1812 196.485 (1) (ge) "Transmission company" means a corporation organized under
13ch. 180 or a limited liability company organized under ch. 183 that has as its sole
14purpose the planning, constructing, operating, maintaining and expanding of
15transmission facilities that it owns to provide for an adequate and reliable
16transmission system that meets the needs of all users that are dependent on the
17transmission system and that supports effective competition in energy markets
18without favoring any market participant.
AB133-SSA1-SA1, s. 2335ts 19Section 2335ts. 196.485 (1) (gm) of the statutes is created to read:
AB133-SSA1-SA1,339,2220 196.485 (1) (gm) "Transmission dependent utility" means an electric utility
21that is not a transmission utility and that is dependent on the transmission system
22of another person for delivering electricity to the public utility's customers.
AB133-SSA1-SA1, s. 2335tt 23Section 2335tt. 196.485 (1) (j) of the statutes is created to read:
AB133-SSA1-SA1,340,224 196.485 (1) (j) "Transmission utility security holder" means a person that is a
25security holder of a transmission company, is an investor-owned transmission utility

1in the transmission area and has contributed its transmission facilities to the
2transmission company.
AB133-SSA1-SA1, s. 2335tu 3Section 2335tu. 196.485 (1m) of the statutes is created to read:
AB133-SSA1-SA1,340,84 196.485 (1m) Duty to provide transmission service. (a) The duty of any
5electric utility that has contributed its transmission facilities to the transmission
6company to finance, construct, maintain or operate a transmission facility shall
7terminate on the date, as determined by the commission under sub. (2) (d), that the
8transmission company begins operations.
AB133-SSA1-SA1,340,139 (b) After beginning operations, the transmission company shall have the
10exclusive duty to provide transmission service in those areas in which transmission
11facilities have been contributed. The duty under this paragraph shall terminate on
12the date, as determined by the commission under sub. (2) (d), that the Midwest
13independent system operator begins operations.
AB133-SSA1-SA1,340,1814 (c) After beginning operations, the Midwest independent system operator shall
15have the exclusive duty to provide transmission service in the transmission area and
16shall ensure that each transmission facility in the transmission area that is under
17its operational control is planned, constructed, operated, maintained and controlled
18as part of a single transmission system.
AB133-SSA1-SA1, s. 2335tv 19Section 2335tv. 196.485 (2) (a) (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,341,220 196.485 (2) (a) (intro.) By June 30, 2000, if a transmission utility has not
21transferred control over its transmission facilities to an independent system
22operator that is approved by the applicable federal agency or divested, with approval
23of the applicable federal agency and, for a public utility, the commission, its interest
24in its transmission facilities to an independent transmission owner, the commission

1shall, subject to par. pars. (am) and (ar), order the transmission utility to apply to the
2applicable federal agency to do one of the following:
AB133-SSA1-SA1, s. 2335tw 3Section 2335tw. 196.485 (2) (ar) of the statutes is created to read:
AB133-SSA1-SA1,341,114 196.485 (2) (ar) The commission shall waive the requirement to issue an order
5against a transmission utility under par. (a) if the transmission utility shows, to the
6satisfaction of the commission, that a transfer of its transmission facilities to the
7Midwest independent system operator may have the effect of jeopardizing the
8tax-exempt status of the transmission utility or its securities under the Internal
9Revenue Code. A waiver under this paragraph shall be in effect until the commission
10determines that the proposed transfer does not have the effect described in this
11paragraph.
AB133-SSA1-SA1, s. 2335tx 12Section 2335tx. 196.485 (2) (bx) of the statutes is created to read:
AB133-SSA1-SA1,341,1913 196.485 (2) (bx) If the Midwest system operator fails to commence operations
14or ceases operations, the requirements of this section that apply to the Midwest
15independent system operator shall apply to any other independent system operator
16or regional transmission organization that is authorized under federal law to operate
17in this state. The commission shall require that any transfer of transmission
18facilities to such independent system operator or regional transmission organization
19satisfies the requirements of this section.
AB133-SSA1-SA1, s. 2335ty 20Section 2335ty. 196.485 (2) (d) of the statutes is created to read:
AB133-SSA1-SA1,341,2121 196.485 (2) (d) The commission shall determine each of the following:
AB133-SSA1-SA1,341,2222 1. The date on which the transmission company begins operations.
AB133-SSA1-SA1,341,2423 2. Whether the Midwest independent system operator has begun operations
24and the date on which such operations have begun.
AB133-SSA1-SA1, s. 2335tz 25Section 2335tz. 196.485 (3) (bm) of the statutes is repealed.
AB133-SSA1-SA1, s. 2335ub
1Section 2335ub. 196.485 (3m) of the statutes is created to read:
AB133-SSA1-SA1,342,32 196.485 (3m) Transmission company. (a) Duties. 1. The transmission company
3shall do each of the following:
AB133-SSA1-SA1,342,54 a. Apply for any approval under state or federal law that is necessary for the
5transmission company to begin operations no later than November 1, 2000.
AB133-SSA1-SA1,342,126 b. Subject to any approval required under state or federal law, contract with
7each transmission utility that has transferred transmission facilities to the
8transmission company for the transmission utility to provide reasonable and
9cost-effective operation and maintenance services to the transmission company
10during the 3-year period after the transmission company first begins operations.
11The transmission company and a transmission utility may, subject to any approval
12required under federal or state law, agree to an extension of such 3-year period.
AB133-SSA1-SA1,342,1813 c. Assume the obligations of a transmission utility that has transferred
14ownership of its transmission facilities to the transmission company under any
15agreement by the transmission utility to provide transmission service over its
16transmission facilities or credits for the use of transmission facilities, except that the
17transmission company may modify such an agreement to the extent allowed under
18the agreement and to the extent allowed under state or federal law.
AB133-SSA1-SA1,342,2419 d. Apply for membership in the Midwest independent system operator as a
20single zone for pricing purposes that includes the transmission area and, upon a
21determination by the commission under sub. (2) (d) that the Midwest independent
22system operator has begun operations, transfer operational control of the
23transmission company's transmission facilities to the Midwest independent system
24operator.
AB133-SSA1-SA1,343,6
1e. Remain a member of the Midwest independent system operator, or any
2independent system operator or regional transmission organization that has been
3approved under federal law to succeed the Midwest independent system operator, for
4at least the 6-year transition period that is specified in the agreement conditionally
5approved by the federal energy regulatory commission that establishes the Midwest
6independent system operator.
AB133-SSA1-SA1,343,87 f. Except as provided in subd. 4., elect to be included in a single zone for the
8purpose of any tariff administered by the Midwest independent system operator.
AB133-SSA1-SA1,343,99 2. The transmission company may not do any of the following:
AB133-SSA1-SA1,343,1310 a. Sell or transfer its assets to, or merge its assets with, another person, unless
11the assets are sold, transferred or merged on an integrated basis and in a manner
12that ensures that the transmission facilities in the transmission area are planned,
13constructed, operated, maintained and controlled as a single transmission system.
AB133-SSA1-SA1,343,1514 b. Bypass the distribution facilities of an electric utility or provide electric
15service directly to a retail customer.
AB133-SSA1-SA1,343,2116 c. Own electric generation facilities or sell, market or broker electric capacity
17or energy in a relevant wholesale or retail market as determined by the commission,
18except that, if authorized or required by the federal energy regulatory commission,
19the transmission company may procure or resell ancillary services obtained from 3rd
20parties, engage in redispatch activities that are necessary to relieve transmission
21constraints or operate a control area.
AB133-SSA1-SA1,344,222 3. Notwithstanding subd. 1. a., the transmission company may not begin
23operations until it provides an opinion to the commission from a nationally
24recognized investment banking firm that the transmission company is able to

1finance, at a reasonable cost, its start-up costs, working capital and operating
2expenses and the cost of any new facilities that are planned.
AB133-SSA1-SA1,344,163 4. If the transmission charges or rates of any transmission utility in the
4transmission area are 10% or more below the average transmission charges or rates
5of the transmission utilities in the transmission area on the date, as determined by
6the commission, that the last public utility affiliate files a commitment with the
7commission under sub. (5) (a) 2., the transmission company shall, after consulting
8with each public utility affiliate that has filed a commitment under sub. (5) (a) 2.,
9prepare a plan for phasing in a combined single zone rate for the purpose of pricing
10network use by users of the transmission system operated by the Midwest
11independent system operator and shall seek plan approval by the federal energy
12regulatory commission and the Midwest independent system operator. A plan under
13this subdivision shall phase in an average-cost price for the combined single zone in
14equal increments over a 5-year period, except that, under the plan, transmission
15service shall be provided to all users of the transmission system on a single-zone
16basis during the phase-in period.
AB133-SSA1-SA1,344,1717 (b) Powers. The transmission company may do any of the following:
AB133-SSA1-SA1,344,2418 1. Subject to the approval of the commission under s. 196.491 (3), construct and
19own transmission facilities, including high-voltage transmission lines, as defined in
20s. 196.491 (1) (f), in the transmission area or in any other area of the state in which
21transmission facilities that have been contributed to the transmission company are
22located. This subdivision does not affect the right or duty of an electric utility that
23is not located in the transmission area or that has not contributed its transmission
24facilities to the transmission company to construct or own transmission facilities.
AB133-SSA1-SA1,345,3
12. Subject to any approval required under state or federal law, purchase or
2acquire transmission facilities in addition to the transmission facilities contributed
3under sub. (5) (b).
AB133-SSA1-SA1,345,74 (c) Organization. The articles of organization, as defined in s. 183.0102 (1), of
5a transmission company that is organized as a limited liability company under ch.
6183 or the bylaws of a transmission company that is organized as a corporation under
7ch. 180 shall provide for each of the following:
Loading...
Loading...