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76.28
(1) (d) "Gross revenues" for a light, heat and power company other than
6a qualified wholesale electric company or a transmission company means
total
7environmental control charges paid to the company under a financing order issued
8under s. 196.027 (2) and total operating revenues as reported to the public service
9commission except revenues for interdepartmental sales and for interdepartmental
10rents as reported to the public service commission and deductions from the sales and
11use tax under s. 77.61 (4), except that the company may subtract from revenues
12either the actual cost of power purchased for resale, as reported to the public service
1commission, by a light, heat and power company, except a municipal light, heat and
2power company, that purchases under federal or state approved wholesale rates
3more than 50% of its electric power from a person other than an affiliated interest,
4as defined in s. 196.52 (1), if the revenue from that purchased electric power is
5included in the seller's gross revenues or the following percentages of the actual cost
6of power purchased for resale, as reported to the public service commission, by a
7light, heat and power company, except a municipal light, heat and power company
8that purchases more than 90% of its power and that has less than $50,000,000 of
9gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on
10May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a
11qualified wholesale electric company, "gross revenues" means total business
12revenues from those businesses included under par. (e) 1. to 4. For a transmission
13company, "gross revenues" means total operating revenues as reported to the public
14service commission, except revenues for transmission service that is provided to a
15public utility that is subject to the license fee under sub. (2) (d), to a public utility, as
16defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for
17the purpose of providing electricity to its members only. For an electric utility, as
18defined in s. 16.957 (1) (g), "gross revenues" does not include public benefits fees
19collected by the electric utility under s. 16.957 (4) (a) or (5) (a). For a generator public
20utility, "gross revenues" does not include any grants awarded to the generator public
21utility under s. 16.958 (2) (b). For a wholesale supplier, as defined in s. 16.957 (1) (w),
22"gross revenues" does not include any public benefits fees that are received from a
23municipal utility or retail electric cooperative or under a joint program established
24under s. 16.957 (5) (f). For a municipal utility, "gross revenues" does not include
1public benefits fees received by the municipal utility from a municipal utility or retail
2electric cooperative under a joint program established under s. 16.957 (5) (f).".
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16"(b) The commission may not order or otherwise directly or indirectly require
17an energy utility to use environmental trust bonds to finance any project, addition,
18plant, facility, extension, capital improvement, environmental control equipment, or
19any other expenditure, unless, except as provided in sub. (2) (c), the energy utility
20has made an application under sub. (2) (a) to finance such expenditure using
21environmental trust bonds. The commission may not refuse to allow an energy
22utility to recover costs for environmental control activities in an otherwise
1permissible fashion solely because of the potential availability of environmental
2trust financing.".
