Amendment ASA1-SB55

SB55-ASA1,989,1 (c) "Regulatory concerns" includes concerns related to any of the following:

SB55-ASA1,989,2 1. Tariffs for a public utility's distributed generation.

SB55-ASA1,989,4 2. Nondiscriminatory fees that a public utility may charge the owner or operator of a distributed generation facility.

SB55-ASA1,989,6 3. The cost of upgrades to the state's electric power distribution grid that are required by interconnection.

SB55-ASA1,989,9 4. Other terms and conditions imposed by a public utility on the owner or operator of a distributed generation facility, including liability insurance, indemnification, or terms and conditions related to the transfer or sale of property.

SB55-ASA1,989,17 (2) Use and interconnection rules. The commission shall promulgate rules that facilitate, to the greatest extent possible, the use of distributed generation facilities and their interconnection to the state's electric power distribution grid. The rules shall include standards for interconnection that are uniform across the state regardless of the distributed generation facility that is interconnected and regardless of the owner of the transmission facility to which interconnection is made, except where engineering and regulatory concerns require additional interconnection standards.

SB55-ASA1,989,20 (3) Purchase rules. The commission shall promulgate rules establishing standards for the purchase by public utilities of electric power produced by distributed generation facilities, including standards for all of the following:

SB55-ASA1,989,23 (a) The use of a net metering tariff for a distributed generation facility with a capacity that does not exceed 20 kilowatts or the peak load of the facility's owner, whichever is greater.

SB55-ASA1,990,3 (b) The use of real-time pricing such that the price paid by a public utility for power placed on the state's electric power distribution grid by a distributed generation facility reflects the utility's cost of generation at that time.

SB55-ASA1, s. 1489 Section 1489. 196.195 (12) (b) 1. d. of the statutes is repealed.

SB55-ASA1, s. 1490 Section 1490. 196.196 (1) (cm) of the statutes is repealed.

SB55-ASA1, s. 1491 Section 1491. 196.196 (5) (b) 6. of the statutes is repealed.

SB55-ASA1, s. 1492 Section 1492. 196.218 (5) (a) 5. of the statutes is amended to read:

SB55-ASA1,990,12 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to the extent that these costs are not paid under s. 44.73 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 44.73 (2r) (a).

SB55-ASA1, s. 1493 Section 1493. 196.218 (5) (a) 6. of the statutes is amended to read:

SB55-ASA1,990,17 196.218 (5) (a) 6. To pay the department of administration electronic government for telecommunications services provided under s. 16.973 22.05 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.

SB55-ASA1, s. 1494 Section 1494. 196.218 (5r) (a) 4. of the statutes is amended to read:

SB55-ASA1,990,24 196.218 (5r) (a) 4. An assessment of how successful investments identified in s. 196.196 (5) (f), assistance provided by the universal service fund or the Wisconsin advanced telecommunications foundation, and price regulation and other alternative incentive regulations of telecommunications utilities designed to promote competition have been in advancing the public interest goals identified under s. 196.03 (6), and recommendations for further advancing those goals.

SB55-ASA1, s. 2984m Section 2984m. 196.219 (3) (o) of the statutes is created to read:

SB55-ASA1,991,6 196.219 (3) (o) Refuse to transfer or facilitate the transfer of the telecommunications utility's or telecommunications provider's local exchange service customers to another telecommunications provider on the same terms and conditions as the telecommunications utility or telecommunications provider receives from any other telecommunications provider, unless such terms and conditions violate federal law.

SB55-ASA1, s. 1495 Section 1495. 196.26 (1) (a) of the statutes is amended to read:

SB55-ASA1,991,13 196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge, or schedule, joint rate, regulation, measurement, act, or practice relating to the provision of heat, light, water, power, or telecommunications service, or to the provision of water or sewer service by a mobile home park operator or mobile home park contractor, is unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.

SB55-ASA1, s. 1496 Section 1496. 196.26 (1m) of the statutes is amended to read:

SB55-ASA1,992,2 196.26 (1m) Investigation of complaint. If any mercantile, agricultural, or manufacturing society, body politic, municipal organization, or 25 persons file a complaint specified in sub. (1) (a) against a public utility, or if the commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in sub. (1) (c), the commission, with or without notice, may investigate the complaint under this section as it considers necessary. If the mobile home park occupants of 25% of the total number of mobile homes in a mobile home park or the mobile home park occupants of 25 mobile homes in a mobile home park, whichever is less, files a complaint specified in sub. (1) (a) against a mobile home park contractor or mobile home park operator, the commission, with or without notice, may investigate the complaint as it considers necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.

SB55-ASA1, s. 1497 Section 1497. 196.26 (2) (a) of the statutes is amended to read:

SB55-ASA1,992,9 196.26 (2) (a) Prior to a hearing under this section, the commission shall notify the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation. This paragraph does not apply to a complaint specified in sub. (1) (b).

SB55-ASA1, s. 1498 Section 1498. 196.26 (2) (b) of the statutes is amended to read:

SB55-ASA1,992,21 196.26 (2) (b) The commission shall give the complainant and either the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement which is the subject of a complaint specified in sub. (1) (a) or (c) or, for a complaint specified in sub. (1) (b), a party to an interconnection agreement who is identified in a notice under s. 196.199 (3) (b) 1. b., 10 days' notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant and either the public utility, mobile home park contractor, mobile home park operator or party to the interconnection agreement may be heard. The commission may subpoena any witness at the request of the public utility, mobile home park contractor, mobile home park operator, party to the interconnection agreement, or complainant.

SB55-ASA1, s. 1499 Section 1499. 196.28 (1) of the statutes is amended to read:

SB55-ASA1,993,3 196.28 (1) If the commission believes that any rate or charge is unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any public utility or to any provision of water or sewer service by a mobile home park operator or mobile home park contractor should for any reason be made, the commission on its own motion summarily may investigate with or without notice.

SB55-ASA1, s. 1500 Section 1500. 196.28 (3) of the statutes is amended to read:

SB55-ASA1,993,12 196.28 (3) Notice of the time and place for a hearing under sub. (2) shall be given to the public utility, mobile home park contractor or mobile home park operator, and to such other interested persons as the commission considers necessary. After the notice has been given, proceedings shall be had and conducted in reference to the matter investigated as if a complaint specified in s. 196.26 (1) (a) had been filed with the commission relative to the matter investigated. The same order or orders may be made in reference to the matter as if the investigation had been made on complaint under s. 196.26.

SB55-ASA1, s. 3001m Section 3001m. 196.491 (3c) of the statutes is created to read:

SB55-ASA1,993,18 196.491 (3c) Commencement of construction of large electric generating facilities. (a) Except as provided in par. (b), an electric utility that has received a certificate of public convenience and necessity under sub. (3) for constructing a large electric generating facility shall commence construction no later than one year after the latest of the following:

SB55-ASA1,993,20 1. The date on which the commission issues the certificate of public convenience and necessity.

SB55-ASA1,993,23 2. The date on which the electric utility has been issued every federal and state permit, approval, and license that is required prior to commencement of construction.

SB55-ASA1,994,3 3. The date on which every deadline has expired for requesting administrative review or reconsideration of every federal and state permit, approval, and license that is required prior to commencement of construction.

SB55-ASA1,994,6 4. The date on which the electric utility has received the final decision, after exhaustion of judicial review, in every proceeding for judicial review described in sub. (3) (j).

SB55-ASA1,994,8 (b) Upon showing of good cause, the commission may grant an extension to the deadline specified in par. (a).

SB55-ASA1,994,12 (c) If an electric utility does not commence construction of a large electric generating facility within the deadline specified in par. (a) or extended under par. (b), the certificate of public convenience and necessity is void, and the electric utility may not commence construction of the large electric generating facility.

SB55-ASA1, s. 1501 Section 1501. 196.498 (title) of the statutes is repealed.

SB55-ASA1, s. 1502 Section 1502. 196.498 (2) of the statutes is renumbered 101.937 (1) and amended to read:

SB55-ASA1,994,25 101.937 (1) Rules. The commission department shall promulgate rules that establish standards for providing water or sewer service by a mobile manufactured home park operator or mobile manufactured home park contractor to a mobile manufactured home park occupant, including requirements for metering, billing, deposits, depositing, arranging deferred payment arrangements, installation of, installing service, refusing or discontinuing service, and resolving disputes with respect to service. Rules promulgated under this subsection shall ensure that any charge for water or sewer service is reasonable and not unjustly discriminatory, that the water or sewer service is reasonably adequate, and that any practice relating to providing the service is just and reasonable.

SB55-ASA1, s. 1503 Section 1503. 196.498 (3) of the statutes is renumbered 101.937 (2) and amended to read:

SB55-ASA1,995,7 101.937 (2) Permanent improvements. A mobile manufactured home park operator may make a reasonable recovery of capital costs for permanent improvements related to the provision of water or sewer service to mobile manufactured home park occupants through ongoing rates for water or sewer service.

SB55-ASA1, s. 1504 Section 1504. 196.498 (4) of the statutes is renumbered 101.937 (3) and amended to read:

SB55-ASA1,995,15 101.937 (3) Enforcement. (a) Notwithstanding s. 196.44, on On its own motion or upon a complaint filed by a mobile manufactured home park occupant, the commission department may issue an order or commence a civil action against a mobile manufactured home park operator or mobile manufactured home park contractor to enforce this section, any rule promulgated under sub. (2) (1), or any order issued under this paragraph.

SB55-ASA1,995,18 (b) The department of justice, after consulting with the commission department, or any district attorney may commence an action in circuit court to enforce this section.

SB55-ASA1, s. 1505 Section 1505. 196.498 (5) of the statutes is renumbered 101.937 (4) and amended to read:

SB55-ASA1,995,25 101.937 (4) Private cause of action. Any person suffering pecuniary loss because of a violation of any rule promulgated under sub. (2) (1) or order issued under sub. (4) (3) (a) may sue for damages and shall recover twice the amount of any pecuniary loss, together with costs, and, notwithstanding s. 814.04 (1), reasonable attorney fees.

SB55-ASA1, s. 1506 Section 1506. 196.498 (6) of the statutes is renumbered 101.937 (5) and amended to read:

SB55-ASA1,996,6 101.937 (5) Penalties. (a) Any person who violates any rule promulgated under sub. (2) (1) or any order issued under sub. (4) (3) (a) shall forfeit not less than $25 nor more than $5,000. Each violation and each day of violation constitutes a separate offense.

SB55-ASA1,996,10 (b) Any person who intentionally violates any rule promulgated under sub. (2) (1) or order issued under sub. (4) (3) (a) shall be fined not less than $25 nor more than $5,000 or imprisoned not more than one year in the county jail or both. Each violation and each day of violation constitutes a separate offense.

SB55-ASA1, s. 3008m Section 3008m. 196.52 (9) of the statutes is created to read:

SB55-ASA1,996,16 196.52 (9) (a) In this subsection, "leased generation contract" means a contract or arrangement under which an affiliated interest of a public utility agrees to construct or improve electric generating equipment and associated facilities and to lease to the public utility land and such equipment and facilities for operation by the public utility.

SB55-ASA1,996,18 (b) The commission may approve a leased generation contract under sub. (3) only if all of the following apply:

SB55-ASA1,996,21 1. The commission has not issued a certificate under s. 196.49 or a certificate of public convenience and necessity under s. 196.491 (3) before January 1, 2001, for any construction or improvement that is subject to the leased generation contract.

SB55-ASA1,996,24 2. Construction or improvement of the electric generating equipment and associated facilities that is subject to the leased generation contract commences on or after January 1, 2001.

SB55-ASA1,997,3 3. No electric generating equipment and associated facilities, or electric generating equipment, held or used by the public utility for the provision of electric service is transferred to the affiliated interest.

SB55-ASA1,997,5 4. The estimated gross cost of the construction or improvement that is subject to the leased generation contract is at least $10,000,000.

SB55-ASA1,997,9 5. Any real property that the public utility transfers to the affiliated interest for the purpose of implementing the leased generation contract is transferred at book value which is determined on the basis of the regulated books of account at the time of the transfer.

SB55-ASA1,997,15 6. If the public utility transfers real property to the affiliated interest for the purpose of implementing the leased generation contract, the leased generation contract provides for transferring the real property back to the public utility, on the same terms and conditions as the original transfer, if the commission determines that the construction or improvement that is subject to the leased generation contract has not been completed.

SB55-ASA1,997,17 7. The leased generation contract provides that, upon termination of the contract, all of the following apply:

SB55-ASA1,997,22 a. The public utility shall have the option, subject to commission approval, to extend the contract, or purchase the electric generating equipment and associated facilities that are constructed or improved, at fair market value as determined by a valuation process that is conducted by an independent third party and that is specified in the contract.

SB55-ASA1,998,2 b. If the public utility exercises the option specified in subd. 7. a., the affiliated interest may require the public utility to extend the contract, rather than purchase the equipment and facilities, if the affiliated interest demonstrates to the commission that the extension avoids material adverse tax consequences.

SB55-ASA1,998,5 8. For any gas-fired electric generating equipment and associated facilities that are constructed under the leased generation contract, the term of the lease is 20 years or more.

SB55-ASA1,998,8 9. For any coal-fired electric generating equipment and associated facilities that are constructed under the leased generation contract, the term of the lease is 25 years or more.

SB55-ASA1,998,16 10. The leased generation contract does not take effect until the date on which the affiliated interest commences construction or improvement of the electric generating equipment and associated facilities, except that, if the leased generation contract relates to the construction or improvement of more than one electric generating facility, the leased generation contract does not take effect with respect to the construction or improvement of an individual electric generating facility until the date on which the affiliated interest commences construction or improvement on that electric generating facility.

SB55-ASA1,998,21 (c) Except as provided in par. (d), the commission may not increase or decrease the retail revenue requirements of a public utility on the basis of any income, expense, gain, or loss that is received or incurred by an affiliated interest of the public utility and that arises from the ownership of electric generating equipment and associated facilities by an affiliated interest under a leased generation contract.

SB55-ASA1,999,4 (d) The commission shall allow a public utility that has entered into a leased generation contract that has been approved by the commission under sub. (3) to recover fully in its retail rates that portion of any payments under the leased generation contract that is allocated to the public utility's retail electric service, and that portion of all other costs that is prudently incurred in the public utility's operation and maintenance of the electric generating equipment and associated facilities constructed or improved under the leased generation contract and that is allocated to the public utility's retail electric service.

SB55-ASA1,999,8 (e) Notwithstanding sub. (5) (a), the commission may not modify a leased generation contract approved under sub. (3) except as specified in the leased generation contract or the commission's order approving the leased generation contract.

SB55-ASA1,999,11 (f) The commission shall maintain jurisdiction to ensure that the construction or improvement under a leased generation contract approved under sub. (3) is completed as provided in the leased generation contract.

SB55-ASA1,999,17 (g) Nothing in this subsection prohibits a cooperative association organized under ch. 185, a municipal utility, as defined in s. 196.377 (2) (a) 3., or a municipal electric company, as defined in s. 66.0825 (3) (d), from acquiring an interest in electric generating equipment and associated facilities that are constructed pursuant to a leased generation contract or from acquiring an interest in land on which such electric generating equipment and associated facilities are located.

SB55-ASA1, s. 3011d Section 3011d. 196.66 (3) (b) 1. and 3. of the statutes are amended to read:

SB55-ASA1,999,20 196.66 (3) (b) 1. The appropriateness of the forfeiture to the volume of business of the public utility or telecommunications provider.

SB55-ASA1,999,23 3. Any good faith attempt to achieve compliance after the public utility, telecommunications provider, agent, director, officer , or employee receives notice of the violation.

SB55-ASA1, s. 3011g Section 3011g. 196.795 (5) (k) 1. of the statutes is amended to read:

SB55-ASA1,1000,5 196.795 (5) (k) 1. Except as provided under subd. 2. or 3., no public utility affiliate may transfer, sell, or lease to any nonutility affiliate with which it is in a holding company system any real property which, on or after November 28, 1985, is held or used for provision of utility service except by public sale or offering to the highest qualified bidder.

SB55-ASA1, s. 3011j Section 3011j. 196.795 (5) (k) 3. of the statutes is created to read:

SB55-ASA1,1000,12 196.795 (5) (k) 3. A public utility affiliate may transfer, at book value determined on the basis of the regulated books of account at the time of the transfer, real property, other than electric generating equipment and associated facilities, or electric generating equipment, that is held or used for the provision of utility service, to a nonutility affiliate for the purpose of implementing a leased generation contract, as defined in s. 196.52 (9) (a), that is approved under s. 196.52 (3).

SB55-ASA1, s. 1507 Section 1507. 196.85 (1) of the statutes is renumbered 196.85 (1) (a) and amended to read:

SB55-ASA1,1001,4 196.85 (1) (a) If the commission in a proceeding upon its own motion, on complaint, or upon an application to it deems it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts, practices, and activities of, or make appraisals of the property of any public utility, power district, or sewerage system or to render any engineering or accounting services to any public utility, power district, or sewerage system, the public utility, power district, or sewerage system shall pay the expenses attributable to the investigation, including the cost of litigation, appraisal, or service. The commission shall mail a bill for the expenses to the public utility, power district, or sewerage system either at the conclusion of the investigation, appraisal, or services, or during its progress. The bill constitutes notice of the assessment and demand of payment. The public utility, power district, or sewerage system shall, within 30 days after the mailing of the bill, pay to the commission the amount of the special expense for which it is billed. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (1) (g). The

SB55-ASA1,1001,10 (b) Except as provided in sub. (1m) (a), the total amount in any one calendar year for which any public utility, power district, or sewerage system is liable under this subsection, by reason of costs incurred by the commission within the calendar year, including charges under s. 201.10 (3), may not exceed four-fifths of one percent of its gross operating revenues derived from intrastate operations in the last preceding calendar year.

SB55-ASA1,1001,12 (c) Nothing in this subsection shall prevent the commission from rendering bills in one calendar year for costs incurred within a previous year.

SB55-ASA1,1001,16 (d) For the purpose of calculating the costs of investigations, appraisals, and other services under this subsection, 90% of the costs determined shall be costs of the commission and 10% of the costs determined shall be costs of state government operations.

SB55-ASA1, s. 1508 Section 1508. 196.85 (1m) (a) of the statutes is amended to read:

SB55-ASA1,1001,22 196.85 (1m) (a) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.491, the term "public utility" includes electric utilities, as defined in s. 196.491 (1) (d). Subsection (1) (b) does not apply to assessments for the commission's activities under s. 196.491 related to the construction of wholesale merchant plants.

SB55-ASA1, s. 3014b Section 3014b. 196.85 (2g) of the statutes is repealed.

SB55-ASA1, s. 1509 Section 1509. 196.85 (3) of the statutes is amended to read: