AB649: Bill Text

AB649, s. 205 Section 205. 196.378 (4m) (b) of the statutes is amended to read:

AB649,114,21 196.378 (4m) (b) An electric utility may, with commission approval, administer or fund a program that increases the electric utility's renewable energy percentage or in-state percentage beyond that required under sub. (2) (a) 2. the renewable portfolio standard. The commission may not order an electric utility to administer or fund a program under this paragraph.

AB649, s. 206 Section 206. 196.378 (5) (intro.) of the statutes is amended to read:

AB649,115,5 196.378 (5) Penalty. (intro.) Any person who violates sub. (2) or any renewable energy supplier who provides an electric provider with a false or misleading certification information regarding the sources or amounts of renewable energy supplied at wholesale to the electric provider shall forfeit not less than $5,000 nor more than $500,000. Forfeitures under this subsection shall be enforced by action on behalf of the state by the attorney general. A court imposing a forfeiture under this subsection shall consider all of the following in determining the amount of the forfeiture:

AB649, s. 207 Section 207. 196.378 (5) (a) of the statutes is amended to read:

AB649,115,8 196.378 (5) (a) The appropriateness of the forfeiture to the person's or wholesale supplier's volume of business.

AB649, s. 208 Section 208. 196.379 of the statutes is created to read:

AB649,115,10 196.379 Renewable tariffs. (1) Definitions. In this section:

AB649,115,11 (a) "Electric utility" has the meaning given in s. 196.378 (1r) (d).

AB649,115,13 (b) "Large electric utility" means an electric utility that had retail electric sales in 2008 of 2,500,000 megawatt hours or more.

AB649,115,14 (c) "Renewable energy" means electricity derived from a renewable facility.

AB649,115,17 (d) "Renewable facility" means an electric generating facility that is a small-scale facility, as determined by the commission, and that derives energy from any of the following:

AB649,115,18 1. Photovoltaic energy.

AB649,115,19 2. Wind power.

AB649,115,20 3. Gas made from a renewable resource.

AB649,115,21 4. Any other renewable resource specified by the commission.

AB649,115,22 (e) "Renewable resource" has the meaning given in s. 196.374 (1) (j).

AB649,115,23 (f) "Renewable resource credit" has the meaning given in s. 196.378 (1r) (i).

AB649,115,25 (g) "Small electric utility" means an electric utility that had retail electric sales in 2008 of less than 2,500,000 megawatt hours.

AB649,116,3 (2) Purpose. The purpose of this section is to maximize the development and deployment of distributed renewable energy generation technologies used at renewable facilities without unreasonable impacts on electric utility rates.

AB649,116,8 (3) Orders. (a) Generally. Except as provided in par. (b), the commission shall issue an order directed to each electric utility requiring the electric utility to offer to purchase, under standard purchase terms and other conditions specified in the order, the renewable energy generated at renewable facilities within the electric utility's service territory that are constructed after the effective date of the order.

AB649,116,12 (b) Exemptions. 1. `Small electric utilities.' In an order under par. (a) directed to a small electric utility, the commission may provide that the small electric utility is not required to purchase renewable energy generated at particular types of renewable facilities specified in the order.

AB649,116,15 2. `Large electric utilities.' If the commission finds that a large electric utility's voluntary initiatives are consistent with the purpose of this section, the commission may do any of the following:

AB649,116,16 a. Exempt the large electric utility from the requirement under par. (a).

AB649,116,19 b. In an order under par. (a) directed to the large electric utility, provide that the large electric utility is not required to purchase renewable energy generated at particular types of renewable facilities specified in the order.

AB649,116,24 3. `Agreements.' Notwithstanding par. (a), an electric utility may purchase renewable energy generated at a renewable facility under terms and conditions that differ from those specified in an order under par. (a) directed at the electric utility if the electric utility and owner or operator of the renewable facility mutually agree to the terms and conditions.

AB649,117,3 (c) Standard purchase terms. An order under par. (a) directed to an electric utility shall specify the standard purchase terms that apply for each type of renewable facility, including terms for all of the following:

AB649,117,5 1. The price paid for renewable energy, based on the commission's consideration of all of the following:

AB649,117,6 a. The cost of producing renewable energy at the type of renewable facility.

AB649,117,7 b. A reasonable rate of return on investment for the type of renewable facility.

AB649,117,9 c. State and federal financial incentives, including production tax credits, that are available to owners or operators of the type of renewable facility.

AB649,117,12 2. A schedule of payments for the renewable energy over a sufficient period of time to allow for recovery of the construction and operation costs for the type of renewable facility.

AB649,117,14 3. A maximum limit on the generating capacity for the type of renewable facility.

AB649,117,16 (d) Other conditions. An order under par. (a) directed to an electric utility may include any of the following conditions:

AB649,117,18 1. Requirements for adjusting the standard purchase terms under par. (c) based on changes in operating costs for a type of renewable facility.

AB649,117,20 2. Different prices for renewable energy generated at renewable facilities of the same type that have different generating capacities.

AB649,117,21 3. Other conditions specified by the commission.

AB649,118,2 (e) Standardized agreements. An order under par. (a) directed to an electric utility shall prescribe for each type of renewable facility a standardized agreement that includes the standard purchase terms and other conditions applicable to the electric utility's purchase of renewable energy from owners or operators of the type of renewable facility.

AB649,118,6 (4) Purchase limits. The commission may limit the requirement of an electric utility to purchase renewable energy under an order under sub. (3) (a) if the commission finds that the limit is consistent with the purpose of this section. The commission may base the limit on any of the following:

AB649,118,8 (a) The number of renewable facilities from which the electric utility must purchase renewable energy.

AB649,118,10 (b) The total installed generating capacity of the renewable facilities from which the electric utility must purchase renewable energy.

AB649,118,12 (c) The total amount of renewable energy that the electric utility must purchase.

AB649,118,18 (5) Reviews. The commission shall periodically review its orders under sub. (3) (a) and, as appropriate, revise the standardized agreements prescribed in the orders to change the standard purchase terms and other conditions. A revision under this subsection does not apply to a standardized agreement entered into by an electric utility and an owner or operator of a renewable facility before the effective date of the revision.

AB649,118,22 (6) Renewable resource credits. An electric utility that purchases renewable energy under an order under sub. (3) (a) acquires, in addition to the renewable energy, the renewable resource credits associated with the generation of the renewable energy, unless an agreement between the parties specifies otherwise.

AB649, s. 209 Section 209. 196.49 (1) of the statutes is renumbered 196.49 (1r).

AB649, s. 210 Section 210. 196.49 (1g) of the statutes is created to read:

AB649,118,25 196.49 (1g) In this section:

AB649,119,4 (a) "Nuclear power plant" means a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649,119,6 (b) "Nuclear power plant owner or operator" means a person, other than a public utility, that owns or operates a nuclear power plant.

AB649, s. 211 Section 211. 196.49 (2) of the statutes is amended to read:

AB649,120,2 196.49 (2) No public utility may begin the construction, installation, or operation of any new plant, equipment, property, or facility, nor the construction or installation of any extension, improvement, or addition to its existing plant, equipment, property, apparatus, or facilities, and no nuclear power plant owner or operator may begin the construction or installation of any extension, improvement, or addition to a nuclear power plant or equipment, property, apparatus, or facilities for a nuclear power plant, unless the public utility or nuclear power plant owner or operator has complied with any applicable rule or order of the commission. If a cooperative association has been incorporated under ch. 185 for the production, transmission, delivery or furnishing of light or power and has filed with the commission a map of the territory to be served by the association and a statement showing that a majority of the prospective consumers in the area are included in the project, no public utility may begin any such construction, installation or operation within the territory until after the expiration of 6 months from the date of filing the map and notice. If the cooperative association has entered into a loan agreement with any federal agency for the financing of its proposed system and has given written notice of the agreement to the commission, no public utility may begin any construction, installation or operation within the territory until 12 months after the date of the loan agreement.

AB649, s. 212 Section 212. 196.49 (3) (a) of the statutes is amended to read:

AB649,120,14 196.49 (3) (a) In this subsection, "project" means construction of any new plant, equipment, property, or facility, or extension, improvement, or addition to its existing plant, equipment, property, apparatus, or facilities , and "project" includes construction by a nuclear power plant owner or operator of any extension, improvement, or addition to a nuclear power plant or to equipment, property, apparatus, or facilities for a nuclear power plant. The commission may require by rule or special order that a public utility or nuclear power plant owner or operator submit, periodically or at such times as the commission specifies and in such detail as the commission requires, plans, specifications, and estimated costs of any proposed project which the commission finds will materially affect the public interest.

AB649, s. 213 Section 213. 196.49 (3) (cm) of the statutes is created to read:

AB649,120,20 196.49 (3) (cm) The commission may attach to the issuance of a certificate under this section for a project by a nuclear power plant owner or operator such terms and conditions that the commission determines are in the public interest. Any term or condition so attached shall apply to any successor in interest of the nuclear power plant owner or operator to whom a certificate is issued.

AB649, s. 214 Section 214. 196.49 (4) of the statutes is amended to read:

AB649,120,25 196.49 (4) The commission may not issue a certificate under sub. (1) (1r), (2), or (3) for the construction of electric generating equipment and associated facilities unless the commission determines that brownfields, as defined in s. 560.13 (1) (a), are used to the extent practicable.

AB649, s. 215 Section 215. 196.49 (5m) of the statutes is created to read:

AB649,121,14 196.49 (5m) The commission shall take final action on an application for a certificate under this section for a proposed renewable facility, as defined in s. 196.378 (1r) (g), within 270 days after issuing a notice to open a docket on the application. If the commission fails to take final action within the 270-day period, the commission is considered to have issued a certificate with respect to the application, unless the commission, within the 270-day period, extends the 270-day period. If the commission is required to prepare an environmental impact statement for the proposed facility, the commission may extend the 270-day period for no more than an additional 90 days, except that, if another state is required to approve the proposed facility, the commission may extend the 270-day period for no more than an additional 90 days after the other state takes final action on the proposal. If the commission fails to take final action within the extended period, the commission is considered to have issued a certificate with respect to the application.

AB649, s. 216 Section 216. 196.49 (6) of the statutes is amended to read:

AB649,121,24 196.49 (6) If the commission finds that any public utility or nuclear power plant owner or operator has taken or is about to take an action which violates or disregards a rule or special order under this section, the commission, in its own name either before or after investigation or public hearing and either before or after issuing any additional orders or directions it deems proper, may bring an action in the circuit court of Dane County to enjoin the action. If necessary to preserve the existing state of affairs, the court may issue a temporary injunction pending a hearing upon the merits. An appeal from an order or judgment of the circuit court may be taken to the court of appeals.

AB649, s. 217 Section 217. 196.491 (1) (g) of the statutes is renumbered 196.491 (1) (g) (intro.) and amended to read:

AB649,122,4 196.491 (1) (g) (intro.) "Large electric generating facility" means electric any of the following:

AB649,122,6 1. Electric generating equipment and associated facilities designed for nominal operation at a capacity of 100 megawatts or more.

AB649, s. 218 Section 218. 196.491 (1) (g) 2. of the statutes is created to read:

AB649,122,9 196.491 (1) (g) 2. A nuclear power plant. This subdivision takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649, s. 219 Section 219. 196.491 (1) (i) of the statutes is created to read:

AB649,122,13 196.491 (1) (i) 1. "Nonutility nuclear power plant" means, except as provided in subd. 2., a nuclear power plant that does not provide service to any retail customer and that is owned and operated by any of the following:

AB649,122,15 a. Subject to the approval of the commission under sub. (3m) (a), an affiliated interest of a public utility.

AB649,122,16 b. A person that is not a public utility.

AB649,122,19 2. "Nonutility nuclear power plant" does not include a nuclear power plant or an improvement to a nuclear power plant that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3.

AB649,122,21 3. This paragraph takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649, s. 220 Section 220. 196.491 (1) (j) of the statutes is created to read:

AB649,123,2 196.491 (1) (j) "Nuclear power plant" means nuclear-fired electric generating equipment and facilities designed for nominal operation at any capacity. This paragraph takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649, s. 221 Section 221. 196.491 (1) (w) 2. of the statutes is renumbered 196.491 (1) (w) 2. (intro.) and amended to read:

AB649,123,6 196.491 (1) (w) 2. (intro.) "Wholesale merchant plant" does not include an any of the following:

AB649,123,9 a. An electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3.

AB649, s. 222 Section 222. 196.491 (1) (w) 2. b. of the statutes is created to read:

AB649,123,12 196.491 (1) (w) 2. b. A nonutility nuclear power plant. This subd. 2. b. takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649, s. 223 Section 223. 196.491 (3) (d) (intro.) of the statutes is amended to read:

AB649,123,17 196.491 (3) (d) (intro.) Except as provided under par. pars. (e) and (em) and s. 196.493, the commission shall approve an application filed under par. (a) 1. for a certificate of public convenience and necessity only if the commission determines all of the following:

AB649, s. 224 Section 224. 196.491 (3) (d) 2. of the statutes is amended to read:

AB649,123,23 196.491 (3) (d) 2. The proposed facility satisfies the reasonable needs of the public for an adequate supply of electric energy. This subdivision does not apply to a wholesale merchant plant and, for determinations made on or after the date specified in the notice published under s. 196.493 (3) (b), this subdivision does not apply to a nuclear power plant.

AB649, s. 225 Section 225. 196.491 (3) (d) 3. of the statutes is amended to read:

AB649,124,10 196.491 (3) (d) 3. The design and location or route is in the public interest considering alternative sources of supply, alternative locations or routes, individual hardships, engineering, economic, safety, reliability and environmental factors, except that the commission may not consider alternative sources of supply or engineering or economic factors if the application is for a wholesale merchant plant and the commission may, but is not required to, consider alternative locations if the application is for a renewable facility, as defined in s. 196.378 (1r) (g). In its consideration of environmental factors, the commission may not determine that the design and location or route is not in the public interest because of the impact of air pollution if the proposed facility will meet the requirements of ch. 285.

AB649, s. 226 Section 226. 196.491 (3) (em) of the statutes is created to read:

AB649,124,18 196.491 (3) (em) For an application under par. (a) 1. regarding a nuclear power plant, the commission may issue the certificate of public convenience and necessity subject to any conditions that the commission determines are in the public interest. Any conditions imposed by the commission under this paragraph shall apply to any successor in interest of the applicant. This paragraph first applies to certificates of public convenience and necessity issued by the commission on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649, s. 227 Section 227. 196.491 (3) (g) of the statutes is amended to read:

AB649,125,8 196.491 (3) (g) The commission shall take final action on an application filed under par. (a) 1. within 180 days after the application 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, except that, beginning on the date specified in the notice published under s. 196.493 (3) (b), the court may extend the 180-day period for an additional 360 days if the application is for a nuclear power plant. If the commission fails to take final action within the extended period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application.