SB55-ASA1,989,97 4. Other terms and conditions imposed by a public utility on the owner or
8operator of a distributed generation facility, including liability insurance,
9indemnification, or terms and conditions related to the transfer or sale of property.
SB55-ASA1,989,17 10(2) Use and interconnection rules. The commission shall promulgate rules
11that facilitate, to the greatest extent possible, the use of distributed generation
12facilities and their interconnection to the state's electric power distribution grid. The
13rules shall include standards for interconnection that are uniform across the state
14regardless of the distributed generation facility that is interconnected and
15regardless of the owner of the transmission facility to which interconnection is made,
16except where engineering and regulatory concerns require additional
17interconnection standards.
SB55-ASA1,989,20 18(3) Purchase rules. The commission shall promulgate rules establishing
19standards for the purchase by public utilities of electric power produced by
20distributed generation facilities, including standards for all of the following:
SB55-ASA1,989,2321 (a) The use of a net metering tariff for a distributed generation facility with a
22capacity that does not exceed 20 kilowatts or the peak load of the facility's owner,
23whichever is greater.
SB55-ASA1,990,3
1(b) The use of real-time pricing such that the price paid by a public utility for
2power placed on the state's electric power distribution grid by a distributed
3generation facility reflects the utility's cost of generation at that time.
SB55-ASA1, s. 1489 4Section 1489. 196.195 (12) (b) 1. d. of the statutes is repealed.
SB55-ASA1, s. 1490 5Section 1490. 196.196 (1) (cm) of the statutes is repealed.
SB55-ASA1, s. 1491 6Section 1491. 196.196 (5) (b) 6. of the statutes is repealed.
SB55-ASA1, s. 1492 7Section 1492. 196.218 (5) (a) 5. of the statutes is amended to read:
SB55-ASA1,990,128 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to
9the extent that these costs are not paid under s. 44.73 (2) (d), except that no moneys
10in the universal service fund may be used to pay installation costs that are necessary
11for a political subdivision to obtain access to bandwidth under a shared service
12agreement under s. 44.73 (2r) (a)
.
SB55-ASA1, s. 1493 13Section 1493. 196.218 (5) (a) 6. of the statutes is amended to read:
SB55-ASA1,990,1714 196.218 (5) (a) 6. To pay the department of administration electronic
15government
for telecommunications services provided under s. 16.973 22.05 (1) to
16the campuses of the University of Wisconsin System at River Falls, Stout, Superior
17and Whitewater.
SB55-ASA1, s. 1494 18Section 1494. 196.218 (5r) (a) 4. of the statutes is amended to read:
SB55-ASA1,990,2419 196.218 (5r) (a) 4. An assessment of how successful investments identified in
20s. 196.196 (5) (f), assistance provided by the universal service fund or the Wisconsin
21advanced telecommunications foundation
, and price regulation and other
22alternative incentive regulations of telecommunications utilities designed to
23promote competition have been in advancing the public interest goals identified
24under s. 196.03 (6), and recommendations for further advancing those goals.
SB55-ASA1, s. 2984m 25Section 2984m. 196.219 (3) (o) of the statutes is created to read:
SB55-ASA1,991,6
1196.219 (3) (o) Refuse to transfer or facilitate the transfer of the
2telecommunications utility's or telecommunications provider's local exchange
3service customers to another telecommunications provider on the same terms and
4conditions as the telecommunications utility or telecommunications provider
5receives from any other telecommunications provider, unless such terms and
6conditions violate federal law.
SB55-ASA1, s. 1495 7Section 1495. 196.26 (1) (a) of the statutes is amended to read:
SB55-ASA1,991,138 196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge,
9or schedule, joint rate, regulation, measurement, act, or practice relating to the
10provision of heat, light, water, power, or telecommunications service, or to the
11provision of water or sewer service by a mobile home park operator or mobile home
12park contractor,
is unreasonable, inadequate, unjustly discriminatory, or cannot be
13obtained.
SB55-ASA1, s. 1496 14Section 1496. 196.26 (1m) of the statutes is amended to read:
SB55-ASA1,992,215 196.26 (1m) Investigation of complaint. If any mercantile, agricultural, or
16manufacturing society, body politic, municipal organization, or 25 persons file a
17complaint specified in sub. (1) (a) against a public utility, or if the commission
18terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person
19files a complaint specified in sub. (1) (c), the commission, with or without notice, may
20investigate the complaint under this section as it considers necessary. If the mobile
21home park occupants of 25% of the total number of mobile homes in a mobile home
22park or the mobile home park occupants of 25 mobile homes in a mobile home park,
23whichever is less, files a complaint specified in sub. (1) (a) against a mobile home park
24contractor or mobile home park operator, the commission, with or without notice,
25may investigate the complaint as it considers necessary.
The commission may not

1issue an order based on an investigation under this subsection without a public
2hearing.
SB55-ASA1, s. 1497 3Section 1497. 196.26 (2) (a) of the statutes is amended to read:
SB55-ASA1,992,94 196.26 (2) (a) Prior to a hearing under this section, the commission shall notify
5the public utility, mobile home park contractor, mobile home park operator or party
6to an interconnection agreement complained of that a complaint has been made, and
710 days after the notice has been given the commission may proceed to set a time and
8place for a hearing and an investigation. This paragraph does not apply to a
9complaint specified in sub. (1) (b).
SB55-ASA1, s. 1498 10Section 1498. 196.26 (2) (b) of the statutes is amended to read:
SB55-ASA1,992,2111 196.26 (2) (b) The commission shall give the complainant and either the public
12utility, mobile home park contractor, mobile home park operator or party to an
13interconnection agreement which is the subject of a complaint specified in sub. (1)
14(a) or (c) or, for a complaint specified in sub. (1) (b), a party to an interconnection
15agreement who is identified in a notice under s. 196.199 (3) (b) 1. b., 10 days' notice
16of the time and place of the hearing and the matter to be considered and determined
17at the hearing. The complainant and either the public utility, mobile home park
18contractor, mobile home park operator
or party to the interconnection agreement
19may be heard. The commission may subpoena any witness at the request of the
20public utility, mobile home park contractor, mobile home park operator, party to the
21interconnection agreement, or complainant.
SB55-ASA1, s. 1499 22Section 1499. 196.28 (1) of the statutes is amended to read:
SB55-ASA1,993,323 196.28 (1) If the commission believes that any rate or charge is unreasonable
24or unjustly discriminatory or that any service is inadequate or cannot be obtained
25or that an investigation of any matter relating to any public utility or to any provision

1of water or sewer service by a mobile home park operator or mobile home park
2contractor
should for any reason be made, the commission on its own motion
3summarily may investigate with or without notice.
SB55-ASA1, s. 1500 4Section 1500. 196.28 (3) of the statutes is amended to read:
SB55-ASA1,993,125 196.28 (3) Notice of the time and place for a hearing under sub. (2) shall be
6given to the public utility, mobile home park contractor or mobile home park
7operator,
and to such other interested persons as the commission considers
8necessary. After the notice has been given, proceedings shall be had and conducted
9in reference to the matter investigated as if a complaint specified in s. 196.26 (1) (a)
10had been filed with the commission relative to the matter investigated. The same
11order or orders may be made in reference to the matter as if the investigation had
12been made on complaint under s. 196.26.
SB55-ASA1, s. 3001m 13Section 3001m. 196.491 (3c) of the statutes is created to read:
SB55-ASA1,993,1814 196.491 (3c) Commencement of construction of large electric generating
15facilities.
(a) Except as provided in par. (b), an electric utility that has received a
16certificate of public convenience and necessity under sub. (3) for constructing a large
17electric generating facility shall commence construction no later than one year after
18the latest of the following:
SB55-ASA1,993,2019 1. The date on which the commission issues the certificate of public convenience
20and necessity.
SB55-ASA1,993,2321 2. The date on which the electric utility has been issued every federal and state
22permit, approval, and license that is required prior to commencement of
23construction.
SB55-ASA1,994,3
13. The date on which every deadline has expired for requesting administrative
2review or reconsideration of every federal and state permit, approval, and license
3that is required prior to commencement of construction.
SB55-ASA1,994,64 4. The date on which the electric utility has received the final decision, after
5exhaustion of judicial review, in every proceeding for judicial review described in sub.
6(3) (j).
SB55-ASA1,994,87 (b) Upon showing of good cause, the commission may grant an extension to the
8deadline specified in par. (a).
SB55-ASA1,994,129 (c) If an electric utility does not commence construction of a large electric
10generating facility within the deadline specified in par. (a) or extended under par. (b),
11the certificate of public convenience and necessity is void, and the electric utility may
12not commence construction of the large electric generating facility.
SB55-ASA1, s. 1501 13Section 1501. 196.498 (title) of the statutes is repealed.
SB55-ASA1, s. 1502 14Section 1502. 196.498 (2) of the statutes is renumbered 101.937 (1) and
15amended to read:
SB55-ASA1,994,2516 101.937 (1) Rules. The commission department shall promulgate rules that
17establish standards for providing water or sewer service by a mobile manufactured
18home park operator or mobile manufactured home park contractor to a mobile
19manufactured home park occupant, including requirements for metering, billing,
20deposits, depositing, arranging deferred payment arrangements, installation of,
21installing
service, refusing or discontinuing service, and resolving disputes with
22respect to service. Rules promulgated under this subsection shall ensure that any
23charge for water or sewer service is reasonable and not unjustly discriminatory, that
24the water or sewer service is reasonably adequate, and that any practice relating to
25providing the service is just and reasonable.
SB55-ASA1, s. 1503
1Section 1503. 196.498 (3) of the statutes is renumbered 101.937 (2) and
2amended to read:
SB55-ASA1,995,73 101.937 (2) Permanent improvements. A mobile manufactured home park
4operator may make a reasonable recovery of capital costs for permanent
5improvements related to the provision of water or sewer service to mobile
6manufactured home park occupants through ongoing rates for water or sewer
7service.
SB55-ASA1, s. 1504 8Section 1504. 196.498 (4) of the statutes is renumbered 101.937 (3) and
9amended to read:
SB55-ASA1,995,1510 101.937 (3) Enforcement. (a) Notwithstanding s. 196.44, on On its own motion
11or upon a complaint filed by a mobile manufactured home park occupant, the
12commission department may issue an order or commence a civil action against a
13mobile manufactured home park operator or mobile manufactured home park
14contractor to enforce this section, any rule promulgated under sub. (2) (1), or any
15order issued under this paragraph.
SB55-ASA1,995,1816 (b) The department of justice, after consulting with the commission
17department, or any district attorney may commence an action in circuit court to
18enforce this section.
SB55-ASA1, s. 1505 19Section 1505. 196.498 (5) of the statutes is renumbered 101.937 (4) and
20amended to read:
SB55-ASA1,995,2521 101.937 (4) Private cause of action. Any person suffering pecuniary loss
22because of a violation of any rule promulgated under sub. (2) (1) or order issued under
23sub. (4) (3) (a) may sue for damages and shall recover twice the amount of any
24pecuniary loss, together with costs, and, notwithstanding s. 814.04 (1), reasonable
25attorney fees.
SB55-ASA1, s. 1506
1Section 1506. 196.498 (6) of the statutes is renumbered 101.937 (5) and
2amended to read:
SB55-ASA1,996,63 101.937 (5) Penalties. (a) Any person who violates any rule promulgated
4under sub. (2) (1) or any order issued under sub. (4) (3) (a) shall forfeit not less than
5$25 nor more than $5,000. Each violation and each day of violation constitutes a
6separate offense.
SB55-ASA1,996,107 (b) Any person who intentionally violates any rule promulgated under sub. (2)
8(1) or order issued under sub. (4) (3) (a) shall be fined not less than $25 nor more than
9$5,000 or imprisoned not more than one year in the county jail or both. Each violation
10and each day of violation constitutes a separate offense.
SB55-ASA1, s. 3008m 11Section 3008m. 196.52 (9) of the statutes is created to read:
SB55-ASA1,996,1612 196.52 (9) (a) In this subsection, "leased generation contract" means a contract
13or arrangement under which an affiliated interest of a public utility agrees to
14construct or improve electric generating equipment and associated facilities and to
15lease to the public utility land and such equipment and facilities for operation by the
16public utility.
SB55-ASA1,996,1817 (b) The commission may approve a leased generation contract under sub. (3)
18only if all of the following apply:
SB55-ASA1,996,2119 1. The commission has not issued a certificate under s. 196.49 or a certificate
20of public convenience and necessity under s. 196.491 (3) before January 1, 2001, for
21any construction or improvement that is subject to the leased generation contract.
SB55-ASA1,996,2422 2. Construction or improvement of the electric generating equipment and
23associated facilities that is subject to the leased generation contract commences on
24or after January 1, 2001.
SB55-ASA1,997,3
13. No electric generating equipment and associated facilities, or electric
2generating equipment, held or used by the public utility for the provision of electric
3service is transferred to the affiliated interest.
SB55-ASA1,997,54 4. The estimated gross cost of the construction or improvement that is subject
5to the leased generation contract is at least $10,000,000.
SB55-ASA1,997,96 5. Any real property that the public utility transfers to the affiliated interest
7for the purpose of implementing the leased generation contract is transferred at book
8value which is determined on the basis of the regulated books of account at the time
9of the transfer.
SB55-ASA1,997,1510 6. If the public utility transfers real property to the affiliated interest for the
11purpose of implementing the leased generation contract, the leased generation
12contract provides for transferring the real property back to the public utility, on the
13same terms and conditions as the original transfer, if the commission determines
14that the construction or improvement that is subject to the leased generation
15contract has not been completed.
SB55-ASA1,997,1716 7. The leased generation contract provides that, upon termination of the
17contract, all of the following apply:
SB55-ASA1,997,2218 a. The public utility shall have the option, subject to commission approval, to
19extend the contract, or purchase the electric generating equipment and associated
20facilities that are constructed or improved, at fair market value as determined by a
21valuation process that is conducted by an independent third party and that is
22specified in the contract.
SB55-ASA1,998,223 b. If the public utility exercises the option specified in subd. 7. a., the affiliated
24interest may require the public utility to extend the contract, rather than purchase

1the equipment and facilities, if the affiliated interest demonstrates to the
2commission that the extension avoids material adverse tax consequences.
SB55-ASA1,998,53 8. For any gas-fired electric generating equipment and associated facilities
4that are constructed under the leased generation contract, the term of the lease is
520 years or more.
SB55-ASA1,998,86 9. For any coal-fired electric generating equipment and associated facilities
7that are constructed under the leased generation contract, the term of the lease is
825 years or more.
SB55-ASA1,998,169 10. The leased generation contract does not take effect until the date on which
10the affiliated interest commences construction or improvement of the electric
11generating equipment and associated facilities, except that, if the leased generation
12contract relates to the construction or improvement of more than one electric
13generating facility, the leased generation contract does not take effect with respect
14to the construction or improvement of an individual electric generating facility until
15the date on which the affiliated interest commences construction or improvement on
16that electric generating facility.
SB55-ASA1,998,2117 (c) Except as provided in par. (d), the commission may not increase or decrease
18the retail revenue requirements of a public utility on the basis of any income,
19expense, gain, or loss that is received or incurred by an affiliated interest of the public
20utility and that arises from the ownership of electric generating equipment and
21associated facilities by an affiliated interest under a leased generation contract.
SB55-ASA1,999,422 (d) The commission shall allow a public utility that has entered into a leased
23generation contract that has been approved by the commission under sub. (3) to
24recover fully in its retail rates that portion of any payments under the leased
25generation contract that is allocated to the public utility's retail electric service, and

1that portion of all other costs that is prudently incurred in the public utility's
2operation and maintenance of the electric generating equipment and associated
3facilities constructed or improved under the leased generation contract and that is
4allocated to the public utility's retail electric service.
SB55-ASA1,999,85 (e) Notwithstanding sub. (5) (a), the commission may not modify a leased
6generation contract approved under sub. (3) except as specified in the leased
7generation contract or the commission's order approving the leased generation
8contract.
SB55-ASA1,999,119 (f) The commission shall maintain jurisdiction to ensure that the construction
10or improvement under a leased generation contract approved under sub. (3) is
11completed as provided in the leased generation contract.
SB55-ASA1,999,1712 (g) Nothing in this subsection prohibits a cooperative association organized
13under ch. 185, a municipal utility, as defined in s. 196.377 (2) (a) 3., or a municipal
14electric company, as defined in s. 66.0825 (3) (d), from acquiring an interest in electric
15generating equipment and associated facilities that are constructed pursuant to a
16leased generation contract or from acquiring an interest in land on which such
17electric generating equipment and associated facilities are located.
SB55-ASA1, s. 3011d 18Section 3011d. 196.66 (3) (b) 1. and 3. of the statutes are amended to read:
SB55-ASA1,999,2019 196.66 (3) (b) 1. The appropriateness of the forfeiture to the volume of business
20of the public utility or telecommunications provider.
SB55-ASA1,999,2321 3. Any good faith attempt to achieve compliance after the public utility,
22telecommunications provider, agent, director, officer , or employee receives notice of
23the violation.
SB55-ASA1, s. 3011g 24Section 3011g. 196.795 (5) (k) 1. of the statutes is amended to read:
SB55-ASA1,1000,5
1196.795 (5) (k) 1. Except as provided under subd. 2. or 3., no public utility
2affiliate may transfer, sell, or lease to any nonutility affiliate with which it is in a
3holding company system any real property which, on or after November 28, 1985, is
4held or used for provision of utility service except by public sale or offering to the
5highest qualified bidder.
SB55-ASA1, s. 3011j 6Section 3011j. 196.795 (5) (k) 3. of the statutes is created to read:
SB55-ASA1,1000,127 196.795 (5) (k) 3. A public utility affiliate may transfer, at book value
8determined on the basis of the regulated books of account at the time of the transfer,
9real property, other than electric generating equipment and associated facilities, or
10electric generating equipment, that is held or used for the provision of utility service,
11to a nonutility affiliate for the purpose of implementing a leased generation contract,
12as defined in s. 196.52 (9) (a), that is approved under s. 196.52 (3).
SB55-ASA1, s. 1507 13Section 1507. 196.85 (1) of the statutes is renumbered 196.85 (1) (a) and
14amended to read:
SB55-ASA1,1001,415 196.85 (1) (a) If the commission in a proceeding upon its own motion, on
16complaint, or upon an application to it deems it necessary in order to carry out the
17duties imposed upon it by law to investigate the books, accounts, practices, and
18activities of, or make appraisals of the property of any public utility, power district,
19or sewerage system or to render any engineering or accounting services to any public
20utility, power district, or sewerage system, the public utility, power district, or
21sewerage system shall pay the expenses attributable to the investigation, including
22the cost of litigation, appraisal, or service. The commission shall mail a bill for the
23expenses to the public utility, power district, or sewerage system either at the
24conclusion of the investigation, appraisal, or services, or during its progress. The bill
25constitutes notice of the assessment and demand of payment. The public utility,

1power district, or sewerage system shall, within 30 days after the mailing of the bill,
2pay to the commission the amount of the special expense for which it is billed. Ninety
3percent of the payment shall be credited to the appropriation account under s. 20.155
4(1) (g). The
SB55-ASA1,1001,10 5(b) Except as provided in sub. (1m) (a), the total amount in any one calendar
6year for which any public utility, power district, or sewerage system is liable under
7this subsection
, by reason of costs incurred by the commission within the calendar
8year, including charges under s. 201.10 (3), may not exceed four-fifths of one percent
9of its gross operating revenues derived from intrastate operations in the last
10preceding calendar year.
SB55-ASA1,1001,12 11(c) Nothing in this subsection shall prevent the commission from rendering
12bills in one calendar year for costs incurred within a previous year.
SB55-ASA1,1001,16 13(d) For the purpose of calculating the costs of investigations, appraisals, and
14other services under this subsection, 90% of the costs determined shall be costs of the
15commission and 10% of the costs determined shall be costs of state government
16operations.
SB55-ASA1, s. 1508 17Section 1508. 196.85 (1m) (a) of the statutes is amended to read:
SB55-ASA1,1001,2218 196.85 (1m) (a) For the purpose of direct assessment under sub. (1) of expenses
19incurred by the commission in connection with its activities under s. 196.491, the
20term "public utility" includes electric utilities, as defined in s. 196.491 (1) (d).
21Subsection (1) (b) does not apply to assessments for the commission's activities under
22s. 196.491 related to the construction of wholesale merchant plants.
SB55-ASA1, s. 3014b 23Section 3014b. 196.85 (2g) of the statutes is repealed.
SB55-ASA1, s. 1509 24Section 1509. 196.85 (3) of the statutes is amended to read:
SB55-ASA1,1002,16
1196.85 (3) If any public utility, sewerage system, joint local water authority,
2mobile home park operator or power district is billed under sub. (1), (2), or (2e) or (2g)
3and fails to pay the bill within 30 days or fails to file objections to the bill with the
4commission, as provided in this subsection, the commission shall transmit to the
5state treasurer a certified copy of the bill, together with notice of failure to pay the
6bill, and on the same day the commission shall mail by registered mail to the public
7utility, sewerage system, joint local water authority, mobile home park operator or
8power district a copy of the notice which that it has transmitted to the state treasurer.
9Within 10 days after receipt of the notice and certified copy of the bill, the state
10treasurer shall levy the amount stated on the bill to be due, with interest, by distress
11and sale of any property, including stocks, securities, bank accounts, evidences of
12debt, and accounts receivable belonging to the delinquent public utility, sewerage
13system, joint local water authority, mobile home park operator or power district. The
14levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall
15be made by the state treasurer and that goods and chattels anywhere within the state
16may be levied upon.
SB55-ASA1, s. 1510 17Section 1510. 196.85 (4) (a) of the statutes is amended to read:
SB55-ASA1,1003,318 196.85 (4) (a) Within 30 days after the date of the mailing of any bill under sub.
19(1), (2), or (2e) or (2g), the public utility, sewerage system, joint local water authority,
20mobile home park operator or power district that has been billed may file with the
21commission objections setting out in detail the grounds upon which the objector
22regards the bill to be excessive, erroneous, unlawful, or invalid. The commission,
23after notice to the objector, shall hold a hearing upon the objections, from 5 to 10 days
24after providing the notice. If after the hearing the commission finds any part of the
25bill to be excessive, erroneous, unlawful, or invalid , it shall record its findings upon

1its minutes and transmit to the objector by registered mail an amended bill, in
2accordance with the findings. The amended bill shall have the same force and effect
3under this section as an original bill rendered under sub. (1), (2), or (2e) or (2g).
SB55-ASA1, s. 1511 4Section 1511. 196.85 (5) of the statutes is amended to read:
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