Amendment SA1-SSA1-SB459

SB459-SSA1-SA1,4,18 2. In a proceeding in which a wholesale supplier is a party, the commission shall not order or otherwise impose energy conservation or efficiency requirements on the wholesale supplier if the commission has fulfilled all of its duties under s. 196.374 and the wholesale supplier's members are in the aggregate substantially in compliance with s. 196.374 (7).

SB459-SSA1-SA1,5,2 (c) Renewable resources. 1. In a proceeding in which an investor-owned electric public utility is a party, the commission shall not order or otherwise impose any renewable resource requirements on the investor-owned electric public utility if the commission has fulfilled all of its duties under s. 196.378 and the commission has informed the utility under s. 196.378 (2) (c) that, with respect to the most recent report submitted under s. 196.378 (2) (c), the utility is in compliance with the requirements of s. 196.378 (2) (a) 2.

SB459-SSA1-SA1,5,7 2. In a proceeding in which a wholesale supplier is a party, the commission shall not order or otherwise impose any renewable resource requirements on the wholesale supplier if the commission has fulfilled all of its duties under s. 196.378 and the wholesale supplier's members are in the aggregate substantially in compliance with s. 196.378 (2).

SB459-SSA1-SA1,5,11 (d) Transmission facilities. In a proceeding regarding a request by a public utility or wholesale supplier to acquire, construct, install, or operate an electric transmission facility or associated equipment, the commission shall not order or otherwise impose requirements on the public utility or wholesale supplier.".

SB459-SSA1-SA1,5,12 14. Page 21, line 20: after that line insert:

SB459-SSA1-SA1,5,18 "(em) "Large energy customer" means a customer of an energy utility that owns or operates a facility in the energy utility's service area that has an energy demand of at least 1,000 kilowatts of electricity per month or of at least 10,000 decatherms of natural gas per month and that, in a month, is billed at least $60,000 for electric service, natural gas service, or both, for all of the facilities of the customer within the energy utility's service territory.".

SB459-SSA1-SA1,5,19 15. Page 23, line 1: delete lines 1 to 4.

SB459-SSA1-SA1,5,20 16. Page 23, line 11: before "administer" insert "develop and".

SB459-SSA1-SA1,5,21 17. Page 23, line 17: delete "(a)" and substitute "(ar)".

SB459-SSA1-SA1,5,24 18. Page 24, line 6: after "customers." insert "A local unit of government that receives assistance under this subd. 2. b. shall apply all costs savings realized from the assistance to reducing the property tax levy.".

SB459-SSA1-SA1,6,1 19. Page 24, line 10: after that line insert:

SB459-SSA1-SA1,6,3 "d. Initiatives for research and development regarding the environmental and economic impacts of energy use in this state.".

SB459-SSA1-SA1,6,5 20. Page 24, line 18: delete "to large" and substitute "to, as determined by the commission, large".

SB459-SSA1-SA1,6,6 21. Page 25, line 5: delete "shall" and substitute "may".

SB459-SSA1-SA1,6,8 22. Page 25, line 7: delete "or" and substitute "at any time and shall request the modification or discontinuation of".

SB459-SSA1-SA1,6,9 23. Page 25, line 8: delete lines 8 to 14 and substitute:

SB459-SSA1-SA1,6,19 "(c) Large energy customer programs. A customer of an energy utility may, with commission approval, administer and fund its own energy efficiency programs if the customer satisfies the definition of a large energy customer for any month in the 12 months preceding the date of the customer's request for approval. A customer may request commission approval at any time. A customer that funds a program under this paragraph may deduct the amount of the funding from the amount the energy utility may collect from the customer under sub. (5) (b). If the customer deducts the amount of the funding from the amount the energy utility may collect from the customer under sub. (5) (b), the energy utility shall credit the amount of the funding against the amount the energy utility is required to spend under sub. (3) (b) 2.".

SB459-SSA1-SA1,6,20 24. Page 28, line 11: delete lines 11 and 12.

SB459-SSA1-SA1,7,2 25. Page 28, line 17: after "(b) 1." insert "The person or persons with whom the energy utilities contract for program administration under sub. (2) (a) 1. shall pay the costs of the audits from the amounts paid under the contracts under sub. (2) (a) 1.".

SB459-SSA1-SA1,7,3 26. Page 29, line 19: delete "and (b) 1. and 2.".

SB459-SSA1-SA1,7,4 27. Page 30, line 13: delete that line and substitute:

SB459-SSA1-SA1,7,5 "(5) Cost recovery. (a) Rate-making orders. The commission shall ensure".

SB459-SSA1-SA1,7,7 28. Page 30, line 15: delete "is required to spend under sub. (3) (b) 2." and substitute "spends for programs under sub. (2) (a) 1.".

SB459-SSA1-SA1,7,9 29. Page 30, line 16: delete the material beginning with that line and ending with page 31, line 3, and substitute:

SB459-SSA1-SA1,7,15 "(b) Large energy customers. 1. Except as provided in sub. (2) (c) and par. (bm) 2., if the commission has determined that a customer of an energy utility is a large energy customer under 2005 Wisconsin Act .... (this act), section 102 (8) (b), then, each month, the energy utility shall collect from the customer, for recovery of amounts under par. (a), the amount determined by the commission under 2005 Wisconsin Act .... (this act), section 102 (8) (c).

SB459-SSA1-SA1,8,5 2. A customer of an energy utility that the commission has not determined is a large energy customer under 2005 Wisconsin Act .... (this act), section 102 (8) (b), may petition the commission for a determination that the customer is a large energy customer. The commission shall determine that a petitioner is a large energy customer if the petitioner satisfies the definition of large energy customer for any month in the 12 months preceding the date of the petition. If the commission makes such a determination, the commission shall also determine the amount that the energy utility may collect from the customer each month for recovery of the amounts under par. (a). The commission shall determine an amount that ensures that the amount collected from the customer is similar to the amounts collected from other customers that have a similar level of energy costs as the customer. Except as provided in sub. (2) (c) and par. (bm) 2., each month, the energy utility shall collect from the customer, for recovery of amounts under par. (a), the amount determined by the commission under this subdivision.

SB459-SSA1-SA1,8,14 (bm) Allocation proposal. 1. The commission shall commence a proceeding for for creating a proposal for allocating within different classes of customers an equitable distribution of the recovery of the amounts under par. (a) by all energy utilities. The purpose of the allocation is to ensure that customers of an energy utility within a particular class are treated equitably with respect to customers of other energy utilities within the same class. No later than December 31, 2008, the commission shall submit the proposal to the governor and chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature under s. 13.172 (3).

SB459-SSA1-SA1,8,18 2. If, by July 1, 2009, legislation based on the proposal under subd. 1. has not been enacted, the commission shall, beginning on July 1, 2009, annually increase the amount that an energy utility may recover from a large energy customer each month under par. (b) only by a percentage that is the lesser of the following:

SB459-SSA1-SA1,8,20 a. The percentage increase in the energy utility's operating revenues during the preceding year.

SB459-SSA1-SA1,8,23 b. The percentage increase in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, during the preceding year.".

SB459-SSA1-SA1,8,24 30. Page 31, line 4: after "(c)" insert "Accounting.".

SB459-SSA1-SA1,9,2 31. Page 31, line 7: delete "(d) The commission" and substitute "(d) Equitable contributions. Subject to pars. (b) and (bm) 2., the commission".

SB459-SSA1-SA1,9,4 32. Page 31, line 9: delete the material beginning with "The" and ending with "amounts." on line 12.

SB459-SSA1-SA1,9,5 33. Page 31, line 13: delete that line and substitute:

SB459-SSA1-SA1,9,7 "(5m) Benefit and grant opportunities. (a) The commission shall ensure that, on an annual basis, each customer class of".

SB459-SSA1-SA1,9,12 34. Page 31, line 16: delete "par. (a)." and substitute "sub. (5) (a). Biennially, the commission shall submit a report to the governor, and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), that summarizes the total amount recovered from each customer class and the total amount of grants made to, and benefits received by, each customer class.".

SB459-SSA1-SA1,9,13 35. Page 31, line 17: delete "(e)" and substitute "(b)".

SB459-SSA1-SA1,9,14 36. Page 32, line 10: delete lines 10 to 17 and substitute:

SB459-SSA1-SA1,9,17 "2. Notwithstanding subd. 1., in any month, the monthly fee under subd. 1. may not exceed 1.5 percent of the total of every other charge for which the member or customer is billed for that month or $375 per month, whichever is less.".

SB459-SSA1-SA1,9,21 37. Page 32, line 20: delete the material beginning with "A commitment to" and ending with "sub. (3) (f) 4." on line 22 and substitute "The purpose of the programs under this paragraph shall be to help achieve environmentally sound and adequate energy supplies at reasonable cost.".

SB459-SSA1-SA1,9,22 38. Page 35, line 13: delete "for" and substitute "in".

SB459-SSA1-SA1,9,23 39. Page 35, line 14: delete "for" and substitute "in".

SB459-SSA1-SA1,10,1 40. Page 38, line 6: delete lines 6 to 12 and substitute:

SB459-SSA1-SA1,10,5 "196.378 (2) (b) 1m. The amount of electricity derived from hydroelectric renewable resources that an electric provider may count toward satisfying the requirements of par. (a) 2. shall be all electricity provided by hydroelectric power that the electric provider purchased in the reporting year plus all of the following:

SB459-SSA1-SA1,10,10 a. The average of the amounts of hydroelectric power generated by facilities owned or operated by the electric provider for 2001, 2002, and 2003, adjusted to reflect the permanent removal from service of any of those facilities and adjusted to reflect any capacity increases from improvements made to those facilities on or after January 1, 2004.

SB459-SSA1-SA1,10,13 b. The amount of hydroelectric power generated in the reporting year by facilities owned or operated by the electric provider that are initially placed in service on or after January 1, 2004.".

SB459-SSA1-SA1,10,14 41. Page 38, line 14: delete lines 14 to 18 and substitute:

SB459-SSA1-SA1,10,16 " Section 87m. 196.378 (2) (b) 4. of the statutes is repealed and recreated to read:

SB459-SSA1-SA1,10,20 196.378 (2) (b) 4. A wholesale supplier may sell credits that it creates and may aggregate and allocate the credits that it creates among its members or customers. A member or customer may sell credits or portions of a credit allocated to the member or customer by the wholesale supplier.".

SB459-SSA1-SA1,10,21 42. Page 43, line 1: before "The" insert "(a)".

SB459-SSA1-SA1,10,22 43. Page 43, line 6: delete "subsection" and substitute "paragraph".

SB459-SSA1-SA1,10,23 44. Page 43, line 8: after that line insert:

SB459-SSA1-SA1,11,4 "(b) An electric utility may, with commission approval, administer or fund a program that increases the electric utility's renewable energy percentage beyond that required under sub. (2) (a) 2. The commission may not order an electric utility to administer or fund a program under this paragraph.".

SB459-SSA1-SA1,11,5 45. Page 46, line 14: delete lines 14 to 21.

SB459-SSA1-SA1,11,6 46. Page 47, line 1: delete lines 1 to 9 and substitute:

SB459-SSA1-SA1,11,11 "(b) No later than July 1, 2008, the public service commission shall submit a report to the governor and chief clerk of each house of the legislature for distribution to the legislature under section 13.172 (2) of the statutes that consists of the commission's recommendations on whether any component of an energy utility's revenue requirements should be itemized on ratepayer bills.".

SB459-SSA1-SA1,11,12 47. Page 47, line 9: after that line insert:

SB459-SSA1-SA1,11,13 "(8) Large energy customers.

SB459-SSA1-SA1,11,14 (a) In this subsection:

SB459-SSA1-SA1,11,15 1. "Commission" means the public service commission.

SB459-SSA1-SA1,11,17 2. "Energy utility" has the meaning given in section 196.374 (1) (e) of the statutes, as created by this act.

SB459-SSA1-SA1,11,19 3. "Large energy customer" has the meaning given in section 196.374 (1) (em) of the statutes, as created by this act.

SB459-SSA1-SA1,11,21 4. "Ordered program" has the meaning given under section 196.374 (1) (i) of the statutes, as created by this act.

SB459-SSA1-SA1,11,24 (b) No later than July 1, 2007, the commission shall determine the customers of energy utilities that, for any month during the 12 months preceding the date of the commission's determination, satisfy the definition of large energy customer.

SB459-SSA1-SA1,12,5 (c) For each customer of an energy utility that the commission determines is a large energy customer under paragraph (b), the commission shall, no later than July 1, 2007, determine the monthly average that the customer paid the energy utility in 2005 for recovery under s. 196.374 (3), 2003 stats., and for recovery of the costs of ordered programs.".

SB459-SSA1-SA1,12,6 48. Page 47, line 21: delete "(6), and (7)" and substitute "(7), and (8)".

SB459-SSA1-SA1,12,7 (End)