AB748: Bill Text

AB748, s. 70 Section 70. 196.491 (3) (a) 3. b. of the statutes is created to read:

AB748,29,24 196.491 (3) (a) 3. b. Within 20 days after the department provides a listing specified in subd. 3. a. to a person, the person shall apply for the permits and approvals identified in the listing. The department shall determine whether an application under this subd. 3. b. is complete and, no later than 30 days after the application is filed, notify the applicant about the determination. If the department determines that the application is incomplete, the notice shall state the reason for the determination. An applicant may supplement and refile an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this subd. 3. b. If the department fails to determine whether an application is complete within 30 days after the application is filed, the application shall be considered to be complete. The department shall complete action on an application under this subd. 3. b. within 90 days after the date on which the application is determined or considered to be complete.

AB748, s. 71 Section 71. 196.491 (3) (b) of the statutes is amended to read:

AB748,30,4 196.491 (3) (b) The commission shall hold a public hearing on the an application that is determined or considered to be complete in the area affected pursuant to s. 227.44. A class 1 notice, under ch. 985, shall be given at least 30 days prior to the hearing.

AB748, s. 72 Section 72. 196.491 (3) (d) (intro.) of the statutes is amended to read:

AB748,30,9 196.491 (3) (d) (intro.) Except as provided under par. (e) and s. 196.493, the commission shall approve an application for a certificate of public convenience and necessity shall be approved only if the commission determines that all of the following:

AB748, s. 73 Section 73. 196.491 (3) (d) 1. of the statutes is repealed.

AB748, s. 74 Section 74. 196.491 (3) (d) 2. of the statutes is amended to read:

AB748,30,14 196.491 (3) (d) 2. The proposed facility is necessary to satisfy satisfies the reasonable needs of the public for an adequate supply of electric energy. This subdivision does not apply to a wholesale merchant plant.

AB748, s. 75 Section 75. 196.491 (3) (d) 7. of the statutes is created to read:

AB748,30,17 196.491 (3) (d) 7. The proposed facility will not have a material adverse impact on competition in the relevant wholesale electric service market.

AB748, s. 76 Section 76. 196.491 (3) (dm) of the statutes is created to read:

AB748,30,21 196.491 (3) (dm) In making a determination required under par. (d), the commission may not consider a factual conclusion in a strategic energy assessment unless the conclusion is independently corroborated in the hearing under par. (b).

AB748, s. 77 Section 77. 196.491 (3) (e) of the statutes is amended to read:

AB748,31,4 196.491 (3) (e) If the application does not meet the criteria under par. (d), the commission shall reject the application or approve the application with such modifications as are necessary for an affirmative finding under par. (d). The commission may not issue a certificate of public convenience and necessity until the department has issued all permits and approvals designated under sub. (2m) as necessary prior to the issuance of the certificate of public convenience and necessity identified in the listing specified in par. (a) 3. a.

AB748, s. 78 Section 78. 196.491 (3) (f) and (ff) of the statutes are repealed.

AB748, s. 79 Section 79. 196.491 (3) (g) (intro.) and 1. of the statutes are consolidated, renumbered 196.491 (3) (g) and amended to read:

AB748,31,17 196.491 (3) (g) The commission shall take final action on the an application within: 1. 180 days after the application under this subsection for large electric generating facilities or high-voltage transmission lines is determined or considered to be complete under par. (a) 2. If the commission fails to take final action within the 180-day period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application, unless the commission, within the 180-day period, petitions the circuit court for Dane County for an extension of time for taking final action on the application and the court grants an extension. Upon a showing of good cause, the court may extend the 180-day period for no more than an additional 180 days.

AB748, s. 80 Section 80. 196.491 (3) (g) 2. of the statutes is repealed.

AB748, s. 81 Section 81. 196.491 (3) (hm) of the statutes is amended to read:

AB748,31,22 196.491 (3) (hm) The commission and the department shall schedule as many hearings under this subsection as practicable at a time and place reasonably convenient to the majority of persons in the area of the facility.

AB748, s. 82 Section 82. 196.491 (3) (j) of the statutes is amended to read:

AB748,32,3 196.491 (3) (j) Any person whose substantial rights may be adversely affected or any county, municipality or town having jurisdiction over land affected by an advance plan or a certificate of public convenience and necessity may petition for judicial review, under ch. 227, of any decision of the commission regarding the advance plan or the certificate.

AB748, s. 83 Section 83. 196.491 (3) (k) of the statutes is amended to read:

AB748,32,13 196.491 (3) (k) No person may purchase, or acquire an option to purchase, any interest in real property knowing that such property is being purchased to be used for the construction of a high-voltage transmission line unless the person gives written notice to the prospective seller of the size, maximum voltage and structure type of any transmission line planned to be constructed thereon and the electric utility by whom it will be operated. Contracts made in violation of this paragraph are subject to rescission by the seller at any time prior to the issuance of a certificate of public convenience and necessity for the facility high-voltage transmission line by the commission.

AB748, s. 84 Section 84. 196.491 (4) (a) (intro.), 1. and 2. of the statutes, as created by 1997 Wisconsin Act 27, are renumbered 196.491 (4) (intro.), (a) and (b), and 196.491 (4) (intro.) and (a), as renumbered, are amended to read:

AB748,32,19 196.491 (4) Exemptions. (intro.) Subsection (2) (3) does not apply to a person that constructs, owns or operates electric generating equipment and associated facilities if all of the following are satisfied:

AB748,32,23 (a) The person is not a public utility, a public utility affiliate, an affiliated interest or a cooperative association organized under ch. 185 for the purpose of generating, distributing or furnishing electric energy at retail or wholesale to its members only.

AB748, s. 85 Section 85. 196.491 (4) (a) 3. of the statutes is repealed.

AB748, s. 86 Section 86. 196.491 (4) (b) of the statutes is repealed.

AB748, s. 87 Section 87. 196.491 (5) of the statutes is created to read:

AB748,33,3 196.491 (5) Large electric generating facility standards. (a) The commission shall promulgate rules that establish all of the following:

AB748,33,5 1. Standards for inspecting, maintaining and repairing large electric generating facilities that are owned by or provide service to public utilities.

AB748,33,8 2. Standards that the commission determines are necessary for the safe and reliable operation of large electric generating facilities that are owned or provide service to public utilities.

AB748,33,11 3. Requirements for making annual reports to the commission regarding compliance with the standards specified in subds. 1. and 2. The commission shall make the reports available for public inspection.

AB748,33,13 4. Penalties for violating the standards specified in subds. 1. and 2. or the requirements specified in subd. 3.

AB748,33,18 (b) In promulgating rules that establish the standards specified in par. (a) 1. and 2., the commission shall consider cost, local geographic and weather conditions, electrical industry codes and engineering practices and any other factors that the commission determines are related to the safe and reliable operation of the large electric generating facilities.

AB748,33,20 (c) The commission shall conduct periodic investigations to determine compliance with the rules promulgated under par. (a).

AB748, s. 88 Section 88. 196.492 of the statutes is repealed.

AB748, s. 89 Section 89. 196.493 (1) of the statutes is amended to read:

AB748,33,25 196.493 (1) Definition. In this section, "nuclear power plant" means a nuclear-fired large electric generating facility as defined under s. 196.491 (1) (g) or a nuclear-fired bulk electric generating facility as defined under s. 196.491 (1) (a).

AB748, s. 90 Section 90. 196.493 (2) (intro.) of the statutes is amended to read:

AB748,34,5 196.493 (2) Limits on certification. (intro.) The commission may not certify under s. 196.49 (3) (b) or 196.491 (3) any nuclear power plant and may not approve under s. 196.491 (2) any plan which includes a nuclear power plant unless the commission finds that:

AB748, s. 91 Section 91. 196.795 (7) (a) 1. b. of the statutes is amended to read:

AB748,34,9 196.795 (7) (a) 1. b. Any public utility or member of a cooperative association organized under ch. 185 which files or has filed a plan under reports or has reported information to the commission under the rules promulgated under s. 196.491 (2) (ag).

AB748, s. 92 Section 92. 289.29 (5) of the statutes is amended to read:

AB748,34,17 289.29 (5) Issuance of final determination of feasibility in certain situations involving utilities and mining. If a determination of feasibility is required under s. 196.491 (2m) identified in the listing specified in s. 196.491 (3) (a) 3. a., the issuance of a final determination of feasibility is subject to the time limits limit under s. 196.491 (3) (f) and (ff) (a) 3. b. If a determination of feasibility is required under s. 293.43, the issuance of a final determination of feasibility is subject to the time limits under s. 293.45 (2) or 293.49, whichever is applicable.

AB748, s. 93 Section 93. Nonstatutory provisions.

AB748,34,19 (1) Electric generation and transfer capacity.

AB748,34,20 (a) In this subsection:

AB748,34,23 1. "Electric transfer capacity" means the maximum amount of electrical power that may be imported into an area on a simultaneous basis and in a reliable manner by way of all available transmission lines or paths.

AB748,35,3 2. "Transmission area" means the area of the state that, on January 1, 1997, was served by the Mid-America Interconnected Network, Inc., reliability council of the North American Reliability Council.

AB748,35,8 (b) No later than July 1, 1998, the public service commission shall, after notice and hearing, issue an order that is designed to increase, to the extent practicable, the aggregate total generating capacity that is available to serve retail electric service customers in the transmission area by 500 megawatts. An order under this paragraph shall do all of the following:

AB748,35,10 1. Require that at least 50 megawatts of the increased aggregate total generating capacity be from renewable energy resources.

AB748,35,12 2. Require aggregate total generating capacity to be increased in a manner that is cost-effective and environmentally sound.

AB748,35,14 3. Establish mechanisms that it determines to be just and reasonable for the recovery of any costs that the public utility prudently incurs by reason of the order.

AB748,35,16 (c) An order under paragraph (b) may require a public utility to do any of the following:

AB748,35,17 1. Construct additional electric generating facilities.

AB748,35,19 2. Enter into contracts or arrangements to procure additional electric generating capacity.

AB748,35,21 3. Take any other action that the public service commission determines is necessary to ensure the availability of reliable electric generating capacity.

AB748,36,2 (d) No later than January 1, 1999, the public service commission shall, after notice and hearing, issue an order that is designed to ensure, to the extent practicable, that, no later than June 1, 2001, the electric transfer capacity into the transmission area is no less than 3,500 megawatts. An order under this paragraph shall require electric transfer capacity to be increased in a manner that is cost-effective and environmentally sound.

AB748,36,9 (2) Study on out-of-state transmission constraints. The public service commission shall conduct a study on relieving transmission constraints in other states that adversely affect the reliability of electric service that is provided to customers in this state and shall, no later than the first day of the 6th month beginning after the effective date of this subsection, submit a report on the results of the study to the legislature in the manner provided under section 13.172 (2) of the statutes. The report shall include information concerning all of the following:

AB748,36,11 (a) A description of the transmission constraints and their effect on reliable electric service in this state.

AB748,36,15 (b) The efforts that the commission has undertaken and plans to undertake to relieve the transmission constraints, including any federal-state or interstate efforts and any involvement by the commission in regulatory proceedings in other jurisdictions.

AB748,36,17 (c) Any recommendations, in the form of proposed legislation or action by the public service commission or governor, for relieving the transmission constraints.

AB748,36,21 (3) Submission of proposed rules. The public service commission shall submit in proposed form the rules required under section 196.491 (5) (a) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than July 1, 1998.

AB748,37,5 (4) Exemption from emergency rule procedures. Using the procedure under section 227.24 of the statutes, the public service commission may promulgate rules required under section 196.491 (5) (a) of the statutes, as created by this act, for the period before the effective date of permanent rules promulgated under section 196.491 (5) (a) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the public service commission need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

AB748, s. 94 Section 94. Initial applicability.

AB748,37,9 (1) The treatment of section 30.025 (1) and (4) of the statutes first applies to engineering plans submitted in lieu of separate permit applications on the effective date of this subsection.

AB748,37,12 (2) The treatment of sections 30.44 (3m) (a), (b) and (d), 30.45 (1r), 86.16 (1) and 182.017 (1) of the statutes first applies to applications for permits that are filed on the effective date of this subsection.

AB748,37,15 (3) The treatment of sections 32.06 (7) and 32.09 (2m) of the statutes first applies to petitions for condemnation proceedings that are filed on the effective date of this subsection.

AB748,37,22 (4) The treatment of sections 196.49 (3) (a), (b) (intro.), 2. and 3. and (e), 196.491 (1) (a), (bm), (d), (e), (f), (g) and (w), (2m), (3) (a) 2. and 3. b., (b), (d) (intro.), 1., 2. and 7., (dm), (e), (f), (ff), (g) (intro.), 1. and 2., (hm), (j) and (k) and (4) (a) (intro.), 1., 2. and 3. and (b) and 196.493 (1) and (2) (intro.) of the statutes and the renumbering and amendment of section 196.491 (3) (a) of the statutes first apply to applications for certificates of public convenience and necessity that are filed on the effective date of this subsection.

AB748,37,24 (5) The treatment of section 289.29 (5) of the statutes first applies to feasibility reports that are submitted on the effective date of this subsection.

AB748,37,25 (End)