AB854,5,2019 196.491 (2) (ac) 3e. Identify and describe wholesale merchant plants on which
20any person plans to commence construction within the 5-year period.
AB854, s. 12 21Section 12. 196.491 (2) (ac) 11. to 14. of the statutes are created to read:
AB854,5,2322 196.491 (2) (ac) 11. Identify and describe the power purchase contracts that
23each electric utility proposes to enter into during the 5-year period.
AB854,5,2524 12. Explain how each electric utility will satisfy reliability needs at the least
25cost.
AB854,6,4
113. Identify the specific resources and facilities that each electric utility will use
2to satisfy system load and reserve requirements. A resource or facility may not be
3identified unless it is consistent with the mix of resources and facilities determined
4by the commission in par. (ae) 6.
AB854,6,75 14. Identify the reasonable needs of the public for an adequate supply of electric
6energy that an electric utility must show for purposes of satisfying sub. (3) (d) 2. and
7(3e).
AB854, s. 13 8Section 13. 196.491 (2) (ae) of the statutes is created to read:
AB854,6,119 196.491 (2) (ae) In evaluating the state's future electrical supply over the next
1010 years, the commission shall perform the acts described in par. (ac) 3m. to 10. and
11do each of the following in a plan under par. (a):
AB854,6,1512 1. Identify and describe large electric generating facilities and high-voltage
13transmission lines, other than those facilities and lines identified and described
14under par. (ac) 1., on which each electric generating facility plans to commence
15construction during the 10-year period.
AB854,6,1816 2. Identify and describe wholesale merchant plants, other than those plants
17identified and described under par. (ac) 3e., on which any person plans to commence
18construction within the 10-year period.
AB854,6,2019 3. Evaluate the projected trends for generation, transmission, load, and
20conservation.
AB854,6,2121 4. Forecast the performance of electricity markets.
AB854,7,222 5. Evaluate the economic impacts, projected costs, including costs of
23externalities, and environmental impacts of the facilities identified in subds. 1. and
242. and par. (ac) 1. and 3e., the current system for supplying electricity, and
25alternatives to that system. In evaluating economic impacts, the commission shall

1consider the impacts in this state of obtaining fuels and purchasing electric power
2from out-of-state sources.
AB854,7,93 6. Determine the mix of resources and facilities that is necessary to satisfy the
4projected demand for electricity, as well as the timing for initiating the utilization of
5those resources and facilities. In making this determination, the commission shall
6consider renewable and nonrenewable resources and traditional and nontraditional
7sources of electric generation. The commission shall also consider alternatives to
8electric generation, including investments in energy conservation to the maximum
9extent that is reasonable.
AB854, s. 14 10Section 14. 196.491 (2) (ag) of the statutes is amended to read:
AB854,7,1311 196.491 (2) (ag) The commission shall promulgate rules that establish
12procedures and requirements for reporting information that is necessary for the
13commission to prepare strategic energy assessments plans under par. (a).
AB854, s. 15 14Section 15. 196.491 (2) (b) (intro.) of the statutes is amended to read:
AB854,7,1915 196.491 (2) (b) (intro.) On or before July 1, 2000, and on or before July 1 of each
16even-numbered year thereafter
No later than July 1 of the year in which the
17commission prepares a strategic energy plan under par. (a)
, the commission shall
18issue a draft of the biennial strategic energy assessment that it prepares under par.
19(a)
plan to each of the following:
AB854, s. 16 20Section 16. 196.491 (2) (b) 10. of the statutes is amended to read:
AB854,7,2221 196.491 (2) (b) 10. The clerk of each city, village, town and county that, as
22determined by the commission, is affected by the assessment plan.
AB854, s. 17 23Section 17. 196.491 (2) (e) of the statutes, as affected by 2003 Wisconsin Act
2433
, is amended to read:
AB854,8,4
1196.491 (2) (e) Any state agency, as defined in s. 560.9810 (1), county,
2municipality, town or person may submit written comments to the commission on a
3strategic energy assessment plan within 90 days after copies of the draft are issued
4under par. (b).
AB854, s. 18 5Section 18. 196.491 (2) (f), (g) and (gm) of the statutes are amended to read:
AB854,8,116 196.491 (2) (f) Section 1.11 (2) (c) shall not apply to a strategic energy
7assessment plan prepared under par. (a) but the commission shall prepare a single
8environmental assessment on the strategic energy assessment plan, which shall
9include a discussion of generic issues and environmental impacts. The commission
10shall make the environmental assessment available to the public at least 30 days
11prior to the hearing under par. (g).
AB854,9,212 (g) No sooner than 30 and no later than 90 days after copies of the draft are
13issued under par. (b), the commission shall hold a hearing on the draft which may
14not be a hearing under s. 227.42 or 227.44. The hearing shall be held in an
15administrative district, established by executive order 22, issued August 24, 1970,
16which the commission determines will be significantly affected by facilities on which
17an electric utility plans to commence construction within 3 5 years. The commission
18may thereafter adjourn the hearing to other locations or may conduct the hearing by
19interactive video conference or other electronic method. Notice of such hearing shall
20be given by class 1 notice, under ch. 985, published in the official state newspaper
21and such other regional papers of general circulation as may be designated by the
22commission. At such hearing the commission shall briefly describe the strategic
23energy assessment plan and give all interested persons an opportunity, subject to
24reasonable limitations on the presentation of repetitious material, to express their
25views on any aspect of the strategic energy assessment plan. A record of the hearing

1shall be made and considered by the commission as comments on the strategic energy
2assessment plan under par. (e).
AB854,9,73 (gm) Based on comments received on a draft, the commission shall prepare a
4final strategic energy assessment plan within 90 days after a hearing under par. (g).
5The commission shall provide copies of the final strategic energy assessment plan to
6any state agency, county, municipality, town or other person who submitted
7comments on the draft under par. (e) and to the persons specified in par. (b).
AB854, s. 19 8Section 19. 196.491 (3) (d) 2. of the statutes is amended to read:
AB854,9,119 196.491 (3) (d) 2. The proposed facility satisfies the reasonable needs of the
10public for an adequate supply of electric energy. This subdivision does not apply to
11a wholesale merchant plant
need identified under sub. (2) (ac) 14.
AB854, s. 20 12Section 20. 196.491 (3) (d) 3g. of the statutes is created to read:
AB854,9,1513 196.491 (3) (d) 3g. The proposed facility does not have higher costs or greater
14environmental impacts than those for other facilities evaluated under sub. (2) (ae)
155. in the strategic energy plan most recently prepared by the commission.
AB854, s. 21 16Section 21. 196.491 (3) (dm) of the statutes is amended to read:
AB854,9,2017 196.491 (3) (dm) In making a determination required under par. (d), except for
18a determination under par. (d) 2. or 3g.,
the commission may not consider a factual
19conclusion in a strategic energy assessment plan unless the conclusion is
20independently corroborated in the hearing under par. (b).
AB854, s. 22 21Section 22. 196.491 (3) (g) of the statutes, as affected by 2003 Wisconsin Act
2289
, is amended to read:
AB854,9,2523 196.491 (3) (g) The commission shall take final action on an application filed
24under par. (a) 1. within 180 360 days after the application is determined or
25considered to be complete under par. (a) 2. If the commission fails to take final action

1within the 180-day period, the commission is considered to have issued a certificate
2of public convenience and necessity with respect to the application, unless the
3commission, within the 180-day period, petitions the circuit court for Dane County
4for an extension of time for taking final action on the application and the court grants
5an extension. Upon a showing of good cause, the court may extend the 180-day
6period for no more than an additional 180 days . If the commission fails to take final
7action within the extended period, the commission is considered to have issued a
8certificate of public convenience and necessity with respect to the application.
AB854, s. 23 9Section 23. 196.491 (3e) of the statutes is created to read:
AB854,10,1310 196.491 (3e) Power purchase contracts. (a) In this subsection, "electric
11utility" does not include a public utility that is a city, village, or town or is wholly
12owned or operated by a city, village or town; a municipal electric company, as defined
13in s. 66.0825 (3) (d); or a cooperative association.
AB854,10,1914 (b) An electric utility may not enter into a contract for the purchase of electric
15power without the prior approval of the commission. The commission shall
16promulgate rules establishing requirements and procedures for applying for such
17approval. The commission may not approve such a contract unless the contract
18satisfies the need identified under sub. (2) (ac) 14. in the strategic energy plan most
19recently prepared by the commission under sub. (2) (a).
AB854, s. 24 20Section 24. Effective dates. This act takes effect on the day after publication,
21except as follows:
AB854,10,2422 (1) The treatment of sections 196.03 (7) and 196.491 (3) (d) 2. and 3g., (dm), and
23(g) 1., and (3e) of the statutes takes effect on the first day of the 19th month beginning
24after publication.
AB854,10,2525 (End)
Loading...
Loading...