AB532-ASA1,15,1211 3. Subdivision 2. does not apply to an excavation performed by or on behalf of
12a person engaged in the business of performing excavations for the public.
AB532-ASA1,15,1613 (bg) Complaints. 1. Except as provided in subd. 4., any of the following may
14file a written complaint with the panel that a person other than a state agency has
15taken an action that the person knew or should have known was in violation of this
16section:
AB532-ASA1,15,1717 a. The one-call system.
AB532-ASA1,15,2018 b. The department of transportation or a political subdivision, if property under
19the jurisdiction of the department or political subdivision is affected by an alleged
20violation of this section.
AB532-ASA1,15,2221 c. A transmission facility owner, excavator, or underground line locator whose
22property or activities are affected by an alleged violation of this section.
AB532-ASA1,16,323 2. Except as provide in subd. 4., a person specified in subd. 1. a. to c. may file
24a written complaint with the commission that a state agency has taken an action that
25the state agency knew or should have known was in violation of this section. If the

1complaint also involves a respondent that is not a state agency, the commission may
2consider and determine the complaint against each respondent separately and at
3such times as the commission prescribes.
AB532-ASA1,16,44 3. A written complaint under subd. 1. or 2. shall include all of the following
AB532-ASA1,16,85 a. A short plain statement of the complaint that identifies the transaction or
6occurrence or series of transactions or occurrences for which the complaint arises and
7that shows that the person or state agency has taken an action that the person or
8state agency knew or should have known was in violation of this section.
AB532-ASA1,16,109 b. A statement of the provisions of statutes, rules, or commission orders that
10the person's or state agency's action allegedly violated.
AB532-ASA1,16,1111 c. Copies of all records and papers on which the complaint is founded.
AB532-ASA1,16,1512 4. No person may file a complaint under subd. 1. or 2. more than 120 days after
13the person discovers an alleged violation of this section, except that the panel or
14commission may for good cause shown allow filing no later than one year after the
15discovery of the alleged violation.
AB532-ASA1,16,1716 5. No complaint filed under subd. 1. or 2. may be dismissed solely because of
17the absence of direct damage to the complainant.
AB532-ASA1,17,218 (br) Panel duties. 1. Upon receipt of a complaint filed under par. (bg) 1., the
19panel shall provide the respondent, by certified mail, a statement of the complaint
20and a notice requiring the respondent to file a response with the panel within 20 days
21after the date of service of the notice. The notice shall also advise the respondent of
22the amount of the fee required for completion of the educational course under subd.
234. Upon request of the respondent, the panel may extend the period for filing the
24response. The panel may consolidate complaints where appropriate. In the
25response, the respondent shall admit or deny the violation or aiding in a violation

1that is alleged in the complaint or advise the panel that, based on the respondent's
2satisfaction of the complaint, the complainant has agreed to dismiss the complaint.
AB532-ASA1,17,113 2. Within the period specified in subd. 3., the panel shall determine by majority
4vote whether there is probable cause to believe that the respondent has taken an
5action that the respondent knew or should have known was in violation of this
6section or whether to dismiss the complaint. The panel shall dismiss a complaint for
7lack of probable cause or at the request of the complainant. Except as provided in
8subd. 4., if the panel determines there is probable cause to believe that a respondent
9has taken an action that the respondent knew or should have known was in violation
10of this section, the panel shall refer the complaint to the commission and include the
11complaint and the response of the respondent.
AB532-ASA1,17,1312 3. The panel shall make a determination regarding probable cause under subd.
132. within one of the following periods:
AB532-ASA1,17,1514 a. If a respondent files a response within the period specified or extended under
15subd. 1., within 20 days after the respondent files the response.
AB532-ASA1,17,1816 b. If a respondent fails to file a response within the period specified in subd. 1.
17and the panel has not extended the period under subd. 1., within 40 days after the
18panel's service of the notice under subd. 1.
AB532-ASA1,17,2119 c. If the panel has extended the period under subd. 1. and the respondent fails
20to file a response within the extended period, within 20 days after expiration of the
21extended period.
AB532-ASA1,18,522 4. If the panel determines there is probable cause to believe that a respondent
23has taken an action that the respondent knew or should have known was in violation
24of this section, the panel may allow the respondent to attend an educational course
25in lieu of providing notice of probable violation to the commission under subd. 2. The

1one-call system shall require a respondent who agrees to attend the educational
2course to pay a fee before completion of the course for recovering a portion of the cost
3of producing the educational course and the direct cost of administering the
4educational course for the respondent. The one-call system shall deposit any fees
5collected in the damage prevention fund.
AB532-ASA1,18,156 (c) Commission duties. 1. Upon the filing of a complaint under par. (bg) 2. or
7receipt of a referral under par. (br) 2., the commission may, with or without notice,
8investigate the complaint as it considers necessary to determine if sufficient cause
9exists to warrant a hearing on the complaint. If the commission determines that
10sufficient cause exists to warrant a hearing on the complaint, the commission shall
11set the matter for a public hearing upon 10 days' notice and treat the complaint as
12a contested case. If the commission determines that sufficient cause does not exist
13to warrant a hearing on the complaint, and within 30 days of that determination the
14complainant or respondent disputes that determination, the commission shall treat
15the complaint as a contested case.
AB532-ASA1,18,1916 2. At any time before the commission issues an order under subd. 4., the
17commission and the respondent may agree to dismiss the complaint by joint
18execution of a consent agreement. A consent agreement shall become effective when
19the commission issues an order approving the consent agreement.
AB532-ASA1,18,2320 3. A consent agreement under subd. 2. may assess against the respondent a
21forfeiture under par. (d) 1., require the respondent to attend the educational course
22under par. (br) 4., or do both. Each consent agreement under subd. 2. shall include
23all of the following:
AB532-ASA1,18,2424 a. An admission by the respondent of all jurisdictional facts.
AB532-ASA1,19,3
1b. An express waiver of any further procedural steps and of the right to seek
2judicial review or otherwise challenge or contest the validity of the commission's
3order approving the consent agreement.
AB532-ASA1,19,54 c. A statement of the actions required of the respondent and the time by which
5the actions shall be completed.
AB532-ASA1,19,146 4. If a complaint is treated as a contested case under subd. 1. and not dismissed
7under a consent agreement under subd. 2., the commission shall determine whether
8probable cause exists to believe the respondent has taken an action that the
9respondent knew or should have known was in violation of this section. If the
10commission determines that the respondent has taken an action that the respondent
11knew or should have known was in violation of this section, the commission may
12issue an order that assesses a forfeiture under par. (d) 1., requires the respondent to
13attend the educational course under par. (br) 4., or does both. The commission may
14not issue an order under this subdivision without a hearing.
AB532-ASA1,19,1915 5. If a consent agreement under subd. 2. or order under subd. 4. requires a
16respondent to attend the educational course under par. (br) 4., the consent
17agreement or order shall also require the respondent to pay the one-call system a fee
18determined by the one-call system for the educational course, which the one-call
19system shall deposit in the damage prevention fund.
AB532-ASA1,29 20Section 29 . 182.0175 (3) (d) 2. of the statutes is created to read:
AB532-ASA1,19,2521 182.0175 (3) (d) 2. For each forfeiture assessed under subd. 1., the commission
22shall require the person assessed to pay a surcharge equal to 10 percent of the
23amount of the forfeiture to the one-call system, which the one-call system shall
24deposit in the damage prevention fund. If the amount of a forfeiture is reduced on
25appeal, the amount of the surcharge shall be proportionately reduced.
AB532-ASA1,30
1Section 30. 182.0175 (3) (e) of the statutes is created to read:
AB532-ASA1,20,52 182.0175 (3) (e) Lawful and reasonable orders and determinations. After the
3effective date of any order or determination of the commission under this section, the
4order or determination shall be on its face lawful and reasonable unless a court
5determines otherwise under s. 227.57.
AB532-ASA1,31 6Section 31 . 182.0175 (3) (f) of the statutes is created to read:
AB532-ASA1,20,97 182.0175 (3) (f) Judicial review. Judicial review of an order of the commission
8under par. (c) 4. may be had by any person aggrieved in the manner prescribed in ch.
9227.
AB532-ASA1,32 10Section 32 . 182.0175 (3) (g) of the statutes is created to read:
AB532-ASA1,20,1211 182.0175 (3) (g) Rules. The commission may promulgate rules implementing
12the requirements under pars. (c) to (e).
AB532-ASA1,33 13Section 33 . 182.0175 (3g) of the statutes is created to read:
AB532-ASA1,20,1614 182.0175 (3g) Other forfeitures. (a) 1. This subsection applies to violations
15involving transmission facilities that do not transport natural gas or other
16hazardous materials.
AB532-ASA1,20,1817 2. Except as provided in subd. 3., this subsection does not apply to violations
18by any of the following:
AB532-ASA1,20,2119 a. A residential property owner or tenant whose violation of this section results
20from an excavation on property owned or leased by the residential property owner
21or tenant.
AB532-ASA1,20,2322 b. A person whose violation of this section results from an excavation performed
23while the person is engaged in an agricultural activity.
AB532-ASA1,20,2524 3. Subdivision 2. does not apply to an excavation performed by or on behalf of
25a person engaged in the business of performing excavations for the public.
AB532-ASA1,21,3
1(b) Any person who willfully and knowingly violates this section may be
2required to forfeit $2,000 for each offense. Each day of continued violation
3constitutes a separate offense.
AB532-ASA1,34 4Section 34 . 182.0175 (4) of the statutes is amended to read:
AB532-ASA1,21,75 182.0175 (4) Right of action. This Except as provided in sub. (3) (d) 1. and (e),
6this
section shall not affect any right of action or penalty which this state or any
7person may have.
AB532-ASA1,35 8Section 35 . 182.0175 (5) of the statutes is amended to read:
AB532-ASA1,21,189 182.0175 (5) Right to injunction. If any person engages in or is likely to
10engage in excavation inconsistent with this section and which results or is likely to
11result in damage to transmission facilities, the person who owns or operates the
12facilities may seek injunctive relief in the circuit court for the county in which the
13transmission facilities are located. If the transmission facilities are owned or
14operated by a public utility as defined in s. 196.01 (5), including a
15telecommunications carrier, as defined in s. 196.01 (8m), and the public utility does
16not seek injunctive relief, the attorney general, upon request of the public service
17commission, shall seek injunctive relief in the circuit court for the county in which
18the transmission facilities are located.
AB532-ASA1,36 19Section 36. 196.025 (4) of the statutes is repealed.
AB532-ASA1,37 20Section 37. 196.025 (5) of the statutes is repealed.
AB532-ASA1,38 21Section 38. 196.025 (7) of the statutes is created to read:
AB532-ASA1,21,2322 196.025 (7) State energy office. (a) The commission shall do all of the
23following:
AB532-ASA1,22,3
11. In cooperation with the other state agencies, collect, analyze, interpret, and
2maintain the comprehensive data needed for effective state agency energy planning
3and effective review of those plans by the governor and the legislature.
AB532-ASA1,22,54 2. Administer federal energy grants, when so designated by the governor
5pursuant to s. 16.54.
AB532-ASA1,22,106 (b) The commission may provide technical assistance to units of government
7other than the state to assist in the planning and implementation of energy efficiency
8and renewable resources and may charge for those services. The commission may
9request technical and staff assistance from other state agencies in providing
10technical assistance to those units of government.
AB532-ASA1,22,1511 (c) The commission may require a public utility to provide energy billing and
12use data regarding public schools, if the commission determines that the data is
13necessary to provide technical assistance in the planning and implementation of
14energy efficiency and renewable resources in public schools, including those with the
15highest energy costs.
AB532-ASA1,39 16Section 39 . 196.026 of the statutes is created to read:
AB532-ASA1,22,18 17196.026 Settlements. (1) All parties to dockets before the commission are
18encouraged to enter into settlements when possible.
AB532-ASA1,22,20 19(2) In this section, “docket” means an investigation, proceeding, or other matter
20opened by a vote of the commission, except for rule making.
AB532-ASA1,22,23 21(3) Parties to a docket may agree upon some or all of the facts. The agreement
22shall be evidenced by a written stipulation filed with the commission or entered upon
23the record. The stipulation shall be regarded and used as evidence in the docket.
AB532-ASA1,23,4 24(4) Parties to a docket may agree upon a resolution of some or all of the issues.
25When a written settlement agreement is proposed by some of the parties, those

1parties shall submit to the commission the settlement agreement and any
2documents, testimony, or exhibits, including record citations if there is a record, and
3any other matters those parties consider relevant to the proposed settlement and
4serve a copy of the settlement agreement upon all parties to the docket.
AB532-ASA1,23,9 5(5) If a proposed settlement agreement is not supported by all parties, the
6settling parties shall convene at least one conference with notice and opportunity to
7participate provided to all parties for the purpose of discussing the proposed
8settlement agreement. A nonsettling party may waive its right to the conference
9provided in this subsection.
AB532-ASA1,23,17 10(6) Within 30 days of service of a settlement agreement under sub. (4), each
11party to the docket shall respond in writing by filing and serving on all parties the
12party's agreement, objection, or nonobjection to the settlement agreement. Failure
13to respond in writing within 30 days of service, unless a different time is set by the
14commission for good cause, shall constitute nonobjection to the settlement
15agreement. A party objecting to a settlement agreement shall state all objections
16with particularity and shall specify how the party would be adversely affected by
17each provision of the settlement agreement to which the party objects.
AB532-ASA1,23,19 18(7) The commission may approve a settlement agreement under sub. (4) if all
19of following conditions are met:
AB532-ASA1,23,2120 (a) All of the following have been given a reasonable opportunity to present
21evidence and arguments in opposition to the settlement agreement:
AB532-ASA1,23,2322 1. Each party that has filed an objection or nonobjection to the settlement
23agreement under sub. (6).
AB532-ASA1,23,2524 2. Each party whose failure to respond in writing constitutes a nonobjection to
25the settlement agreement under sub. (6).
AB532-ASA1,24,2
1(b) The commission finds that the public interest is adequately represented by
2the parties who entered into the settlement agreement.
AB532-ASA1,24,63 (c) The commission finds that the settlement agreement represents a fair and
4reasonable resolution to the docket, is supported by substantial evidence on the
5record as a whole, and complies with applicable law, including that any rates
6resulting from the settlement agreement are just and reasonable.
AB532-ASA1,24,10 7(8) The commission may approve a settlement agreement under sub. (4) in
8whole or in part and with conditions deemed necessary by the commission. If the
9settlement agreement does not resolve all of the issues in the docket, the commission
10shall decide the remaining issues in accordance with applicable law and procedure.
AB532-ASA1,40 11Section 40 . 196.192 (2) (am) of the statutes, as affected by 2017 Wisconsin Act
1258
, is repealed.
AB532-ASA1,41 13Section 41 . 196.192 (2) (bm) of the statutes, as affected by 2017 Wisconsin Act
1458
, is renumbered 196.192 (2) (bm) (intro.) and amended to read:
AB532-ASA1,24,1815 196.192 (2) (bm) (intro.) The Except as provided in par. (br), the commission
16shall approve market-based rates that are consistent with the options specified in
17par. (am), except that the
for each investor-owned electric public utility that satisfy
18all of the following:
AB532-ASA1,24,21 19(br) The commission may not approve a market-based rate under par. (bm)
20unless the commission determines that the rate will not harm shareholders of the
21investor-owned electric public utility or customers who are not subject to the rate.
AB532-ASA1,42 22Section 42 . 196.192 (2) (bm) 1. and 2. of the statutes are created to read:
AB532-ASA1,24,2523 196.192 (2) (bm) 1. The rates result in customers receiving market-based
24compensation for voluntary interruptions of firm load during peak periods of electric
25use.
AB532-ASA1,25,4
12. The rates include market-based pricing options and options for individual
2contracts that allow a retail customer, through service from its existing public utility,
3to receive market benefits and take market risks for the customer's purchases of
4capacity or energy.
AB532-ASA1,43 5Section 43 . 196.192 (2) (c) of the statutes, as affected by 2017 Wisconsin Act
658
, is amended to read:
AB532-ASA1,25,107 196.192 (2) (c) Subject to any approval of the commission that is necessary, an
8electric public utility that is not an investor-owned electric public utility may
9implement market-based rates approved under par. (bm) or implement the options
10in filings under par. (am) that are approved by the commission
.
AB532-ASA1,44 11Section 44 . 196.192 (3m) of the statutes, as affected by 2017 Wisconsin Act 58,
12is amended to read:
AB532-ASA1,25,1513 196.192 (3m) Nothing in s. 196.20, 196.22, 196.37, 196.60 or 196.604 prohibits
14the commission from approving a filing under sub. (2) (am) or (2m) (a) or approving
15market-based rates under sub. (2) (bm) or (2m) (b).
AB532-ASA1,45 16Section 45. 196.193 (3) of the statutes is amended to read:
AB532-ASA1,25,2517 196.193 (3) Determination of an overall rate of return. Not later than
18March 1 annually, the commission shall set the overall rate of return to be applicable
19to municipally owned water public utilities or municipally owned combined water
20and sewer public utilities for rate increases under this section. The overall rate of
21return shall be equal to the simple average, rounded to the nearest tenth of 1 percent,
22of
commission shall consider the interest rates listed for state and local bonds in the
23Federal Reserve Statistical Release H.15 (519) published by the federal reserve
24board, for the last quarter of the prior year, plus 2 percent
setting the overall rate of
25return
. The overall rate of return need not be defined by rule.
AB532-ASA1,46
1Section 46. 196.49 (5g) (ag) of the statutes is amended to read:
AB532-ASA1,26,52 196.49 (5g) (ag) In this subsection, “rebuild" means the replacement of all or
3part of an existing electric transmission line and associated facilities to increase the
4line's capacity to carry current at the same voltage
, including conductors, insulators,
5transformers, or structures, for operation at the same voltage.
AB532-ASA1,47 6Section 47 . 196.49 (5g) (ar) 2m. b. of the statutes is amended to read:
AB532-ASA1,26,117 196.49 (5g) (ar) 2m. b. The Not more than one-half mile of the centerline of the
8rebuilt electric transmission line is located within more than 60 feet on either side
9of the centerline of an existing electric transmission line operating at a nominal
10voltage of 69 kilovolts or more. In this subd. 2m. b., “centerline" has the meaning
11given in s. 196.491 (4) (c) 1e.
AB532-ASA1,48 12Section 48 . 196.49 (5g) (ar) 2m. c. of the statutes is amended to read:
AB532-ASA1,26,1613 196.49 (5g) (ar) 2m. c. The project requires the acquisition in total of one-half
14mile or less of rights-of-way from landowners from which rights-of-way were would
15not be required to be acquired for the existing electric transmission line specified in
16subd. 2m. b.
AB532-ASA1,49 17Section 49 . 196.491 (4) (c) 1m. (intro.) of the statutes is amended to read:
AB532-ASA1,26,2418 196.491 (4) (c) 1m. (intro.) Except as provided in subd. 1s., a certificate under
19sub. (3) is not required for a person to construct a high-voltage transmission line
20designed for operation at a nominal voltage of less than 345 kilovolts if not more than
21one-half mile of
the centerline of the new high-voltage transmission line is located
22within more than 60 feet on either side of the centerline of an existing electric
23transmission line operating at a nominal voltage of 69 kilovolts or more and the
24applicant demonstrates
all of the following apply:
Loading...
Loading...