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:
AB133-SSA1-SA1,345,138 1. That the transmission company has no less than 5 nor more than 14
9managers or directors, except that the articles of organization or bylaws may allow
10the requirements of this subdivision to be modified upon a unanimous vote of the
11managers or directors during the 10-year period after the organizational start-up
12date or upon a two-thirds vote of the board of directors or managers after such
1310-year period.
AB133-SSA1-SA1,345,1814 2. That at least 4 managers or directors of the transmission company have
15staggered 4-year terms, are elected by a majority vote of the security holders and are
16not directors, employes or independent contractors of a person engaged in the
17production, sale, marketing, transmission or distribution of electricity or natural gas
18or of an affiliate of such a person.
AB133-SSA1-SA1,345,2119 3. That, during the 10-year period after the organizational start-up date, each
20of the following is satisfied, subject to the limitation on the number of managers or
21directors under subd. 1.:
AB133-SSA1-SA1,346,222 a. Each nontransmission utility security holder that owns 10% or more of the
23outstanding voting securities of the transmission company may appoint one
24manager or director of the transmission company for a one-year term, except that

1the requirements of this subd. 3. a. may be modified upon a unanimous vote of the
2managers or directors.
AB133-SSA1-SA1,346,93 b. Each group of nontransmission utility security holders that, as a group, owns
410% or more of the outstanding voting securities of the transmission company may
5appoint one manager or director of the transmission company for a one-year term
6if the group has entered into a written agreement regarding the appointment and the
7group files the agreement with the secretary of the transmission company, except
8that the requirements of this subd. 3. b. may be modified upon a unanimous vote of
9the managers or directors.
AB133-SSA1-SA1,346,1310 c. Each person that receives at least 5% of the voting securities of the
11transmission company under sub. (6) (a) or (b) may appoint one manager or director
12of the transmission company for a one-year term if the person continues to hold at
13least a 5% equity interest in the transmission company during the one-year term.
AB133-SSA1-SA1,346,1514 d. Each transmission utility security holder may appoint one manager or
15director of the transmission company for a one-year term.
AB133-SSA1-SA1,347,216 4. That, during the 5-year period after the organizational start-up date, no
17public utility affiliate that contributes transmission facility assets to the
18transmission company under sub. (5) (b) and no affiliate of such a public utility
19affiliate may increase its percentage share of the outstanding securities of the
20transmission company prior to any initial issuance of securities by the transmission
21company to any 3rd party other than a 3rd party exercising its right to purchase
22securities under sub. (6) (b), except that this subdivision does not apply to securities
23that are issued by the transmission company in exchange for transmission facilities
24that are contributed in addition to the transmission facilities that are contributed

1under sub. (5) (b) and except that the requirements of this subdivision may be
2modified upon a unanimous vote of the managers or directors.
AB133-SSA1-SA1,347,63 5. That, beginning 3 years after the organizational start-up date, any holder
4of 10% or more of the securities of the transmission company may require the
5transmission company to comply with any state or federal law that is necessary for
6the security holder to sell or transfer its shares.
AB133-SSA1-SA1,347,97 (d) Commission jurisdiction. The transmission company is subject to the
8jurisdiction of the commission except to the extent that it is subject to the exclusive
9jurisdiction of the federal energy regulatory commission.
AB133-SSA1-SA1, s. 2335ud 10Section 2335ud. 196.485 (4) (a) (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,347,1411 196.485 (4) (a) (intro.) A Except as provided in par. (am), a transmission utility
12may not transfer control over, or divest its interest in, its transmission facilities to
13an independent system operator or independent transmission owner unless, to the
14satisfaction of the commission, each of the following requirements is satisfied:
AB133-SSA1-SA1, s. 2335uf 15Section 2335uf. 196.485 (4) (am) of the statutes is created to read:
AB133-SSA1-SA1,347,2316 196.485 (4) (am) Each transmission utility in the transmission area that is a
17public utility shall become a member of the Midwest independent system operator
18no later than June 30, 2000, and shall transfer operational control over its
19transmission facilities to the Midwest independent system operator. Each such
20transmission utility that has not contributed its transmission facilities to the
21transmission company shall elect to become part of the single zone for pricing
22purposes within the Midwest independent system operator and any phase-in plan
23prepared under sub. (3m) (a) 4.
AB133-SSA1-SA1, s. 2335uh 24Section 2335uh. 196.485 (5) of the statutes is created to read:
AB133-SSA1-SA1,348,4
1196.485 (5) Public utility affiliates. (a) Asset cap exception. Section 196.795
2(6m) (e) does not apply to the eligible assets of a nonutility affiliate in a holding
3company system unless each public utility affiliate in the holding company system
4does each of the following:
AB133-SSA1-SA1,348,85 1. Petitions the commission and the federal energy regulatory commission to
6approve the transfer of operational control of all the public utility affiliate's
7transmission facilities in this state and in Iowa, Michigan, Minnesota and Illinois to
8the Midwest independent system operator.
AB133-SSA1-SA1,348,159 2. Files with the commission an unconditional, irrevocable and binding
10commitment to contribute, no later than June 30, 2000, all of the transmission
11facilities that the public utility affiliate owns or operates in this state on the effective
12date of this subdivision .... [revisor inserts date], and land rights, to the transmission
13company. A filing under this subdivision shall specify a date no later than June 30,
142000, on which the public utility affiliate will complete the contribution of
15transmission facilities.
AB133-SSA1-SA1,348,2116 3. Files with the commission an unconditional, irrevocable and binding
17commitment to contribute, and to cause each entity into which it merges or
18consolidates or to which it transfers substantially all of its assets to contribute, any
19transmission facility in this state the ownership or control of which it acquires after
20the effective date of this subdivision .... [revisor inserts date], and land rights, to the
21transmission company.
AB133-SSA1-SA1,349,222 4. Notifies the commission in writing that the public utility affiliate has become
23a member of the Midwest independent system operator, has agreed to transfer its
24transmission facilities to the Midwest independent system operator and has
25committed not to withdraw its membership prior to the date on which the public

1utility affiliate contributes transmission facilities to the transmission company
2under par. (b).
AB133-SSA1-SA1,349,73 5. Petitions the commission and the federal energy regulatory commission to
4approve the contributions specified in subds. 2. and 3. and agrees in such a petition
5not to withdraw the petition in the event that the commission or the federal energy
6regulatory commission conditions its approval on changes that are consistent with
7state or federal law.
AB133-SSA1-SA1,349,158 (b) Contribution of transmission facilities. 1. A public utility affiliate may not
9contribute a transmission facility to the transmission company until the commission
10has reviewed the terms and conditions of the transfer to determine whether the
11transfer satisfies the requirements of this subsection and has issued an order
12approving or modifying the terms and conditions of the transfer. An order under this
13subdivision that modifies the terms and conditions of a transfer may allow a public
14utility affiliate to recover in retail rates any adverse tax consequences of the transfer
15as a transition cost.
AB133-SSA1-SA1,349,1816 2. The transmission company and a public utility affiliate that files a
17commitment to contribute transmission facilities under par. (a) 2. shall structure the
18transfer of the transmission facilities in a manner that satisfies each of the following:
AB133-SSA1-SA1,349,2319 a. The structure of the transfer avoids or minimizes the material adverse tax
20consequences to the public utility affiliate that result from the transfer and avoids
21or minimizes material adverse consequences on public utility rates that do not arise
22out of combining the transmission company's facilities into a single zone in the
23Midwest independent system operator.
AB133-SSA1-SA1,349,2524 b. To the extent practicable, the structure of the transfer satisfies the
25requirements of the Internal Revenue Service for a tax-free transfer.
AB133-SSA1-SA1,350,6
13. The requirements under subd. 2. b. shall, if practicable, be satisfied by the
2transmission company's issuance of a preferred class of securities that provides the
3fixed-cost portion of the resulting capital structure of the transmission company.
4The transmission company shall issue preferred securities under this subdivision on
5a basis that does not dilute the voting rights of the initial security holders relative
6to the value of their initial contributions.
AB133-SSA1-SA1,350,247 4. If the transfer of transmission assets under this paragraph results in a
8capital structure of the transmission company in which the percentage of common
9equity is materially higher than that of the public utility affiliates who made the
10transfer, or if the cost of the fixed-cost portion of the capital structure of the
11transmission company is materially higher than that of the public utility affiliates
12who made the transfer, the public utility affiliates shall enter into a contract with the
13transmission company under which the public utility affiliates agree to accept from
14the transmission company a return on common equity based upon the equity rate of
15return approved by the federal energy regulatory commission and upon an imputed
16capital structure that assigns to a portion of the public utility affiliates' common
17equity holdings an imputed debt return that is consistent with the requirements of
18this subdivision. A contract under this subdivision shall specify that the public
19utility affiliates shall be required to accept the return on common equity described
20in this subdivision only until such time that the federal energy regulatory
21commission determines that the actual capital structure and capital costs of the
22transmission company are appropriate and consistent with industry practice for a
23regulated public utility that provides electric transmission service in interstate
24commerce.
AB133-SSA1-SA1,351,5
15. If, at the time that a public utility affiliate files a commitment under par. (a)
22., the public utility affiliate has applied for or obtained a certificate of public
3convenience and necessity under s. 196.491 (3) or a certificate under s. 196.49 for the
4construction of transmission facilities, the public utility affiliate shall do each of the
5following:
AB133-SSA1-SA1,351,76 a. Proceed with diligence with respect to obtaining the certificate and, except
7as provided in subd. 6., constructing the transmission facilities.
AB133-SSA1-SA1,351,128 b. If the commission determines that the cost of the transmission facilities is
9reasonable and prudent, transfer the transmission facilities to the transmission
10company at net book value when construction is completed in exchange for additional
11securities of the transmission company on a basis that is consistent with the
12securities that were initially issued to the public utility affiliate.
AB133-SSA1-SA1,351,2013 6. If the construction of a transmission facility specified in subd. 5. a. is not
14completed within 3 years after a certificate is issued for the transmission facility
15under s. 196.49 or 196.491 (3), the transmission company may assume responsibility
16for completing construction of the transmission facility. If the transmission company
17assumes responsibility for completing construction under this subdivision, the
18transmission company shall carry out any obligation under any contract entered into
19by the public utility with respect to the construction until the contract is modified or
20rescinded by the transmission company to the extent allowed under the contract.
AB133-SSA1-SA1,351,2221 7. Any transmission facilities that are contributed to the transmission
22company shall be valued at net book value at the time of the transfer.
AB133-SSA1-SA1,352,723 (bm) Lease of transmission facilities. If a public utility affiliate is not able to
24contribute its transmission facilities to the transmission company as required under
25par. (b) due to merger-related accounting requirements, the public utility affiliate

1shall transfer the transmission facilities to the transmission company under a lease
2for the period of time during which the accounting requirements are in effect and,
3after such requirements are no longer in effect, contribute the transmission facilities
4to the transmission company under par. (b). A public utility affiliate that transfers
5transmission facilities under a lease under this paragraph does not qualify for the
6asset cap exception under par. (a) unless, during the term of the lease, the public
7utility affiliate does not receive any voting interest in the transmission company.
AB133-SSA1-SA1,352,108 (c) Contribution of land rights. 1. A public utility affiliate that commits to
9contributing land rights to the transmission company under par. (a) 2. shall do each
10of the following:
AB133-SSA1-SA1,352,1811 a. Except as provided in subd. 2., if the land right is assigned to a transmission
12account for rate-making purposes and is not jointly used for electric and gas
13distribution facilities by the public utility affiliate, the public utility affiliate shall
14convey or assign at book value all of its interest in the land right to the transmission
15company, except that any conveyance or assignment under this subd. 1. a. shall be
16subject to the rights of any joint user of the land right and to the right of the public
17utility affiliate to nondiscriminatory access to the real estate that is subject to the
18land right.
AB133-SSA1-SA1,353,319 b. If the land right is jointly used, or is intended to be jointly used, for electric
20and gas distribution facilities by the public utility affiliate, the public utility affiliate
21shall enter into a contract with the transmission company that grants the
22transmission company a right to place, maintain, modify or replace the transmission
23company's transmission facilities on the real property that is subject to the land right
24during the life of the transmission facilities and the life of any replacements of the
25transmission facilities. A right granted in a contract under this subd. 1. b. shall be

1paramount to the right of any other user of the land right, except that a right granted
2in such a contract shall be on par with the right of the public utility affiliate to use
3the land right for electric or gas distribution facilities.
AB133-SSA1-SA1,353,94 2. If a public utility affiliate is prohibited from making a conveyance or
5assignment described in subd. 1. a., the public utility affiliate shall enter into a
6contract with the transmission company that grants the transmission company
7substantially the same rights as under such a conveyance or assignment. For
8purposes of a contract under this subdivision, a land right shall be valued at book
9value, not at market value.
AB133-SSA1-SA1,353,1510 3. The commission shall resolve any dispute over the contribution of a land
11right under subd. 1. or 2., including a dispute over the valuation of such a land right,
12unless a federal agency exercises jurisdiction over the dispute. During the pendency
13of any dispute that is before the commission or a federal agency, the transmission
14company shall be entitled to use the land right that is the subject to the dispute and
15shall be required to pay any compensation that is in dispute into an escrow account.
AB133-SSA1-SA1, s. 2335uj 16Section 2335uj. 196.485 (6) of the statutes is created to read:
AB133-SSA1-SA1,353,1917 196.485 (6) Electric utilities, transmission dependent utilities and retail
18electric cooperatives.
No later than the first day of the 12th month beginning after
19the first public utility affiliate files a commitment under sub. (5) (a) 2.:
AB133-SSA1-SA1,353,2320 (a) An electric utility, other than a public utility affiliate, may transfer all of its
21integrated transmission facilities to the transmission company on the same terms
22and conditions as a contribution of transmission facilities and land rights by a public
23utility affiliate under sub. (5) (b) and (c).
AB133-SSA1-SA1,354,524 (b) A transmission-dependent utility or retail electric cooperative may
25purchase equity interests in the transmission company at a price that is equivalent

1to net book value and on terms and conditions that are comparable to those for public
2utility affiliates that have contributed transmission facilities to the transmission
3company. A purchaser under this paragraph may contribute funds to the
4transmission company that are no more than the value of its prorated shares based
5on firm electric usage in this state in 1999.
AB133-SSA1-SA1, s. 2335uk 6Section 2335uk. 196.485 (6m) of the statutes is created to read:
AB133-SSA1-SA1,354,117 196.485 (6m) Dividends, profits and gains. The commission may not treat any
8dividend received by a transmission utility from the transmission company or any
9gain or profit of a transmission utility from the sale or other disposition of securities
10issued by the transmission company as a credit against the retail revenue
11requirements of the transmission utility.
AB133-SSA1-SA1, s. 2335um 12Section 2335um. 196.485 (7) of the statutes is created to read:
AB133-SSA1-SA1,354,1513 196.485 (7) Enforcement. A wholesale or retail customer of a public utility
14affiliate may petition the circuit court for Dane County for specific performance of
15a commitment filed under sub. (5) (a) 2. or 3.
AB133-SSA1-SA1, s. 2335uo 16Section 2335uo. 196.485 (8) of the statutes is created to read:
AB133-SSA1-SA1,354,2117 196.485 (8) Penalties. A public utility affiliate that fails to complete the
18contribution of transmission facilities to the transmission company by the
19completion date specified in the filing under sub. (5) (a) 2. shall forfeit $25,000 for
20each day that completion of the contribution is delayed if the transmission company
21is legally able to accept the contribution.
AB133-SSA1-SA1, s. 2335uq 22Section 2335uq. 196.487 of the statutes is created to read:
AB133-SSA1-SA1,354,23 23196.487 Reliability of electric service. (1) Definitions. In this section:
AB133-SSA1-SA1,354,2424 (a) "Public utility affiliate" has the meaning given in s. 196.795 (1) (L).
AB133-SSA1-SA1,354,2525 (b) "Transmission company" has the meaning given in s. 196.485 (1) (ge).
AB133-SSA1-SA1,355,9
1(2) Commission order. If the commission determines that a public utility
2affiliate or the transmission company is not making investments in the facilities
3under its control that are sufficient to ensure reliable electric service, the commission
4shall order the public utility affiliate or transmission company to make adequate
5investments in its facilities that are sufficient to ensure reliable electric service. An
6order under this subsection shall require the public utility affiliate or transmission
7company to provide security in an amount and form that, to the satisfaction of the
8commission, is sufficient to ensure that the public utility affiliate or transmission
9company expeditiously makes any investment that is ordered.
AB133-SSA1-SA1,355,12 10(3) Cost recovery. The commission shall allow a public utility affiliate that is
11subject to an order under sub. (2) to recover in its retail electric rates the costs that
12are prudently incurred in complying with the order.
AB133-SSA1-SA1, s. 2335wb 13Section 2335wb. 196.491 (3) (d) 3r. of the statutes is created to read:
AB133-SSA1-SA1,355,1814 196.491 (3) (d) 3r. For a high-voltage transmission line that is proposed to
15increase the transmission import capability into this state, existing rights-of-way
16are used to the extent practicable and the routing and design of the high-voltage
17transmission line minimizes environmental impacts in a manner that is consistent
18with achieving reasonable electric rates.
AB133-SSA1-SA1, s. 2335wd 19Section 2335wd. 196.491 (3) (d) 3t. of the statutes is created to read:
AB133-SSA1-SA1,355,2520 196.491 (3) (d) 3t. For a high-voltage transmission line that is designed for
21operation at a nominal voltage of 345 kilovolts or more, the high-voltage
22transmission line provides usage, service or increased regional reliability benefits to
23the wholesale and retail customers or members in this state and the benefits of the
24high-voltage transmission line are reasonable in relation to the cost of the
25high-voltage transmission line.
AB133-SSA1-SA1, s. 2335wf
1Section 2335wf. 196.491 (3) (gm) of the statutes is created to read:
AB133-SSA1-SA1,356,162 196.491 (3) (gm) The commission may not approve an application filed after the
3effective date of this paragraph .... [revisor inserts date], under this section for a
4certificate of public convenience and necessity for a high-voltage transmission line
5that is designed for operation at a nominal voltage of 345 kilovolts or more unless the
6approval includes the condition that the applicant shall pay the fees specified in sub.
7(3g) (a). If the commission has approved an application under this section for a
8certificate of public convenience and necessity for a high-voltage transmission line
9that is designed for operation at a nominal voltage of 345 kilovolts or more that was
10filed after April 1, 1999, and before the effective date of this paragraph .... [revisor
11inserts date], the commission shall require the applicant to pay the fees specified in
12sub. (3g) (a). For any application subject to this paragraph, the commission shall
13determine the cost of the high-voltage transmission line, identify the counties,
14towns, villages and cities through which the high-voltage transmission line is routed
15and allocate the amount of investment associated with the high-voltage
16transmission line to each such county, town, village and city.
AB133-SSA1-SA1, s. 2335wh 17Section 2335wh. 196.491 (3g) of the statutes is created to read:
AB133-SSA1-SA1,356,2518 196.491 (3g) Fees for certain high-voltage transmission lines. (a) A person
19who receives a certificate of public convenience and necessity for a high-voltage
20transmission line that is designed for operation at a nominal voltage of 345 kilovolts
21or more under sub. (3) shall pay the department of administration an annual impact
22fee as specified in the rules promulgated by the department of administration under
23s. 16.969 (2) (a) and shall pay the department of administration a one-time
24environmental impact fee as specified in the rules promulgated by the department
25of administration under s. 16.969 (2) (b).
AB133-SSA1-SA1,357,4
1(b) A person that pays a fee under par. (a) may not use the payment to offset
2any other mitigation measure that is required in an order by the commission under
3sub. (3) regarding the certificate of public convenience and necessity specified in par.
4(a).
AB133-SSA1-SA1, s. 2335wj 5Section 2335wj. 196.491 (3m) (b) 2. of the statutes is amended to read:
AB133-SSA1-SA1,357,106 196.491 (3m) (b) 2. The analytical process specified in subd. 1. b. shall, to the
7extent practicable, be consistent with the analytical process described in the merger
8enforcement policy of the federal department of justice and the federal trade
9commission regarding horizontal acquisitions and mergers that are subject to 15
10USC 1
, 18 or 45
, as defined in s. 196.485 (1) (dr).
AB133-SSA1-SA1, s. 2335wL 11Section 2335wL. 196.494 (3) of the statutes is amended to read:
AB133-SSA1-SA1,357,2012 196.494 (3) No later than December 31, 2004, the The commission may shall,
13under this subsection, issue an order requiring an electric utility to construct or
14procure, on a competitive basis, the construction of transmission facilities specified
15by the commission in its order if the commission determines that, based on the
16results of the study under sub. (2),
such construction is necessary to relieve a
17constraint on a transmission system and the construction will materially benefit the
18customers of the electric utility or other electric utilities or of an independent system
19operator, as defined in s. 196.485 (1) (d), or independent transmission owner, as
20defined in s. 196.485 (1) (dm).
AB133-SSA1-SA1, s. 2335wn 21Section 2335wn. 196.494 (5) of the statutes is created to read:
AB133-SSA1-SA1,358,222 196.494 (5) The governor may, on behalf of this state, enter into an interstate
23compact that establishes a joint process for the states in the upper midwest region
24of the United States to determine the need for and siting of regional electric
25transmission facilities that may affect electric service in this state. The governor

1may not enter into a compact under this subsection unless the compact includes
2requirements and procedures for establishing each of the following:
AB133-SSA1-SA1,358,43 (a) Compliance with each state's environmental and siting standards for
4transmission facilities.
AB133-SSA1-SA1,358,55 (b) A regional need determination for transmission facilities.
AB133-SSA1-SA1,358,76 (c) A mechanism for resolving conflicts between the states regarding the siting
7of transmission facilities.
AB133-SSA1-SA1, s. 2335wp 8Section 2335wp. 196.52 (3) (a) of the statutes is amended to read:
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