February 20, 2013 - Introduced by Representative Honadel, cosponsored by
Senator Farrow. Referred to Committee on Energy and Utilities.
AB39,1,5 1An Act to amend 196.485 (1) (ge), 196.485 (3m) (b) (intro.), 196.485 (3m) (b) 2.,
2196.491 (3) (a) 1., 196.491 (3) (a) 2., 196.491 (3) (a) 3. a. and 196.491 (3) (a) 3.
3b. of the statutes; relating to: powers and duties of an electric transmission
4company and certificates of public convenience and necessity and permits for
5certain electric generating facilities and high-voltage transmission lines.
Analysis by the Legislative Reference Bureau
With certain exceptions, current law prohibits a person from constructing a
large electric generating facility or high-voltage transmission line unless the Public
Service Commission (PSC) has granted the person a certificate of public convenience
and necessity (CPCN). Current law defines a "large electric generating facility" as
a facility designed for nominal operation at a capacity of 100 megawatts or more and
a "high-voltage transmission line" as an electric transmission line exceeding one
mile in length that is designed for operation at a nominal voltage of 100 kilovolts or
more. Within 30 days after an application for a CPCN is filed, the PSC must
determine whether the application is complete. If the PSC determines that an
application is incomplete, the PSC must notify the applicant, who is allowed to refile
the application. If the PSC fails to determine that an application is complete within
30 days after filing, current law provides that the application is considered to be
complete. This bill clarifies that an application is considered to be complete if the
PSC fails to determine that the application is complete within 30 days after filing or
refiling of the application.

Current law also requires the PSC, within ten days after an application for a
CPCN is filed, to submit copies of the application to the clerk of each city, village, and
town in which the proposed large electric generating facility or high-voltage
transmission line is to be located and to the main public library in each such county.
This bill requires instead that the PSC must submit the copies within ten days after
the PSC determines that the application is complete or after the application is
considered to be complete. In addition, current law requires an applicant for a CPCN
for a high-voltage transmission line to submit a detailed project plan to the
Department of Natural Resources (DNR) at least 60 days prior to filing the CPCN
application. This bill eliminates the requirement to submit the plan to DNR.
Current law also provides that, if an applicant for a CPCN is also required to
obtain one or more permits from DNR, the applicant must use a procedure for
submitting only one application to DNR for all of the required DNR permits
(combined permit procedure), rather than submitting separate applications to DNR
for each permit. However, the combined permit procedure does not apply if the only
DNR permit the applicant is required to obtain is a storm water discharge permit.
Current law specifies two deadlines for DNR to complete action on the permit
applications. The first deadline is that DNR must complete action within 120 days
after the date on which the permit application is complete or considered to be
complete. Like the PSC, current law requires DNR to determine whether an
application is complete within 30 days after filing, allows an applicant to refile an
application that is incomplete, and specifies that, if DNR fails to determine that an
application is complete within 30 days after filing or refiling, the application is
considered to be complete. The second deadline is that DNR must complete action
on the permit application within 30 days after the PSC issues its decision on the
CPCN application. This bill provides that, if the combined permit procedure applies
to an applicant, the second deadline applies to DNR, and not the first deadline.
Also under current law, certain electric utilities have contributed their
transmission facilities to a transmission company, which is defined, in part, as a
company whose sole purpose is the planning, constructing, operating, maintaining,
and expanding of transmission facilities that it owns. In addition, under current law,
the transmission company has certain duties and powers, including the power to
purchase or acquire transmission facilities in addition to those contributed by the
electric utilities, subject to any approvals that are required under federal or state
law. This bill revises that power so that the transmission company is also allowed
to purchase or acquire the right to provide transmission service over transmission
facilities that it does not own. The bill makes a related change to the definition of
"transmission company" so that the purpose of the transmission company is to
provide transmission service, which is not limited to transmission facilities that it
owns. Finally, the bill specifies that the transmission company may exercise its
powers either directly or through one or more affiliates.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB39,1
1Section 1. 196.485 (1) (ge) of the statutes is amended to read:
AB39,3,82 196.485 (1) (ge) "Transmission company" means a corporation organized under
3ch. 180 or a limited liability company organized under ch. 183 that has as its sole
4purpose the planning, constructing, operating, maintaining and expanding of
5transmission facilities that it owns, and the providing of transmission service, to
6provide for an adequate and reliable transmission system that meets the needs of all
7users that are dependent on the transmission system and that supports effective
8competition in energy markets without favoring any market participant.
AB39,2 9Section 2. 196.485 (3m) (b) (intro.) of the statutes is amended to read:
AB39,3,1110 196.485 (3m) (b) Powers. (intro.) The transmission company may, directly or
11through one or more affiliates,
do any of the following:
AB39,3 12Section 3. 196.485 (3m) (b) 2. of the statutes is amended to read:
AB39,3,1613 196.485 (3m) (b) 2. Subject to any approval required under state or federal law,
14purchase or acquire transmission facilities in addition to the transmission facilities
15contributed under sub. (5) (b) or purchase or acquire the right to provide
16transmission service over transmission facilities that it does not own
.
AB39,4 17Section 4. 196.491 (3) (a) 1. of the statutes is amended to read:
AB39,4,218 196.491 (3) (a) 1. Except as provided in sub. (3b), no person may commence the
19construction of a facility unless the person has applied for and received a certificate
20of public convenience and necessity under this subsection. An application for a
21certificate issued under this subsection shall be in the form and contain the
22information required by commission rules and shall be filed with the commission not
23less than 6 months prior to the commencement of construction of a facility. Within
2410 days after filing an application under this subdivision, the commission shall send

1a copy of the application to the clerk of each municipality and town in which the
2proposed facility is to be located and to the main public library in each such county.
AB39,5 3Section 5. 196.491 (3) (a) 2. of the statutes is amended to read:
AB39,4,184 196.491 (3) (a) 2. The commission shall determine whether an application filed
5under subd. 1. is complete and, no later than 30 days after the application is filed,
6notify the applicant about the determination. If the commission determines that the
7application is incomplete, the notice shall state the reason for the determination. An
8applicant may supplement and refile an application that the commission has
9determined to be incomplete. There is no limit on the number of times that an
10applicant may refile an application under this subdivision. If the commission fails
11to determine whether an application is complete within 30 days after the application
12is filed or refiled, the application shall be considered to be complete. Within 10 days
13after the commission determines that an application is complete or the application
14is considered to be complete, the commission shall send an electronic copy of the
15complete application to the clerk of each municipality and town in which the
16proposed facility is to be located and to the main public library in each such county.
17At the request of such a clerk or main public library, the commission shall also send
18a paper copy of the application.
AB39,6 19Section 6. 196.491 (3) (a) 3. a. of the statutes is amended to read:
AB39,5,620 196.491 (3) (a) 3. a. At least 60 days before a person files an application under
21subd. 1., the person shall provide the department with an engineering plan if the
22facility is a large electric generating facility or a detailed project plan if the facility
23is a high-voltage transmission line
. The engineering or project plan shall show the
24location of the facility, a description of the facility, including the major components
25of the facility that have a significant air, water or solid waste pollution potential, and

1a brief description of the anticipated effects of the facility on air quality, water
2quality, wetlands, solid waste disposal capacity, and other natural resources. Within
330 days after a person provides an engineering or project plan, the department shall
4provide the person with a listing of each department permit or approval which, on
5the basis of the information contained in the engineering or project plan, appears to
6be required for the construction or operation of the facility.
AB39,7 7Section 7. 196.491 (3) (a) 3. b. of the statutes is amended to read:
AB39,5,228 196.491 (3) (a) 3. b. Within 20 days after the department provides a listing
9specified in subd. 3. a. to a person, the person shall apply for the permits and
10approvals identified in the listing. The department shall determine whether an
11application under this subd. 3. b. is complete and, no later than 30 days after the
12application is filed, notify the applicant about the determination. If the department
13determines that the application is incomplete, the notice shall state the reason for
14the determination. An applicant may supplement and refile an application that the
15department has determined to be incomplete. There is no limit on the number of
16times that an applicant may refile an application under this subd. 3. b. If the
17department fails to determine whether an application is complete within 30 days
18after the application is filed, the application shall be considered to be complete. The
19Except as provided in s. 30.025 (4), the department shall complete action on an
20application under this subd. 3. b. for any permit or approval that is required prior
21to construction of a facility within 120 days after the date on which the application
22is determined or considered to be complete.
AB39,8 23Section 8. Initial applicability.
AB39,6,2
1(1) The treatment of section 196.491 (3) (a) 2. and 3. b. of the statutes first
2applies to applications filed or refiled on the effective date of this subsection.
AB39,6,33 (End)
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