196.491(2)(b)7.
7. The director or chairperson of each regional planning commission constituted under
s. 66.945 which has jurisdiction over any area where a facility is proposed to be located or which requests a copy of such plan.
196.491(2)(b)8.
8. The lower Wisconsin state riverway board if the plan includes the construction, modification or relocation of a high-voltage transmission line, as defined in
s. 30.40 (3r), that is located in the lower Wisconsin riverway as defined in
s. 30.40 (15).
196.491(2)(c)
(c) Those agencies receiving copies under
par. (b) shall review the plans and submit their comments to the commission within 180 days after their receipt of the plans. Comments shall include:
196.491(2)(c)1.
1. A description of any statutory permits or approvals required by the agency.
196.491(2)(c)2.
2. A description of the types and forms of information required for adequate review of an application for each permit or approval.
196.491(2)(c)3.
3. A detailed discussion as to the areas in which the plans coordinate with the agency's plans, policies, functions and programs and the areas in which the plans conflict and the significance of such conflicts.
196.491(2)(c)4.
4. To the extent practicable and consistent with its program responsibilities, a discussion of the environmental impacts of the plan.
196.491(2)(d)
(d) The commission shall, within 10 days after the plan is filed, send a copy of such plan, or the applicable portion thereof, to the county planner, or, if none exists, to the county clerk of each county affected by the plan, to the main public library of each such county, and to any other county planner, county clerk or public library which requests copies of such plans or portions of plans. The commission shall send a copy of the applicable portion of the plan to the clerk of each municipality and town in which a bulk or large electric generating facility is proposed to be located, and shall notify each public library in such municipality or town that copies of the plan are available upon request.
196.491(2)(e)
(e) Any county, municipality, town or person may submit written comments on any plan to the commission within 180 days after the plan is filed.
196.491(2)(f)
(f) Because the planning process for facilities siting otherwise incorporates consideration and analysis of environmental impact,
s. 1.11 (2) (c) shall not apply to advance plans prepared under
par. (a) but the commission shall prepare a single environmental assessment on all plans submitted for approval under
par. (a), which shall include a discussion of generic issues related thereto. Such assessment shall be made available to the public at least 30 days prior to the hearing under
par. (g). The assessment on the plans is different from an environmental impact statement on a particular facility in that it need not identify the environmental effects of proposed sites for facilities in the plan with the same degree of detail as is required when a particular facility is considered for a certificate of public convenience and necessity under
sub. (3). The assessment need not repeat information included in an assessment prepared for a plan submitted under
par. (a) on a prior reporting date and with respect to which no material additional data is required or as to which there has been no material change in circumstances. Applicable portions of such assessment may be included by reference in any environmental impact statement prepared by the commission, including a statement prepared in connection with the consideration of an application for a certificate of public convenience and necessity under
sub. (3).
196.491(2)(g)
(g) Within 180 days after the plan is filed, the commission shall hold a hearing thereon. The hearing shall be held in an administrative district, established by
executive order 22, issued August 24, 1970, which the commission determines will be significantly affected by facilities proposed in the plan to be constructed in the following 3 years. The commission may thereafter adjourn the hearing to other locations or may conduct the hearing by interactive video conference or other electronic method. Notice of such hearing shall be given by class 1 notice, under
ch. 985, published in the official state newspaper and such other regional papers of general circulation as may be designated by the commission. At such hearing the commission shall briefly describe the plan and give all interested persons an opportunity, subject to reasonable limitations on the presentation of repetitious material, to express their views on any aspect of the plan. The presentation of such views need not be under oath nor subject to cross-examination. The commission shall advise all persons present of their right to express their views orally or in writing, under oath or otherwise, and of the legal effect of each such form of testimony. A written record of unsworn testimony shall be made and considered by the commission as comments on the plan under
par. (e). Persons presenting such views shall not be parties. The utility, any state agency, county, municipality, town, or any person whose substantial rights may be adversely affected by the testing for or construction of facilities described in an advance plan, shall, upon filing written notice setting forth its interest at least 10 days in advance, be afforded all the rights of a party in a contested case.
196.491(2)(i)
(i) Except as provided under
s. 196.493, a plan shall be approved if, upon the record of the hearing and the written comments submitted under
pars. (c) and
(e), the commission determines that the plan meets all of the following conditions:
196.491(2)(i)1.
1. Will provide for a reasonably adequate supply of electrical energy to meet the needs of the public during the planning period.
196.491(2)(i)2.
2. Is in the public interest when considering engineering, economic, health, safety, reliability, efficiency and environmental factors and alternate methods of generation or sources of supply.
196.491(2)(i)3.
3. Is reasonably coordinated with long-range plans and policies of other agencies or that a reasonable effort has been made to coordinate with such plans and policies.
196.491(2)(i)4.
4. Provides for programs which discourage inefficient and excessive power use.
196.491(2)(j)
(j) If any portion of the plan does not meet the criteria under
par. (i), the commission shall disapprove the plan or portion thereof, or approve them, subject to such modifications as may be necessary to meet those criteria.
196.491(2)(jm)
(jm) The commission shall either approve or disapprove each plan within 18 months after it is filed.
196.491(2)(k)
(k) Any portion of the plan that is not approved, may be resubmitted by the utility after entry of the order of disapproval, and, if resubmitted, shall be reviewed under this section in the same manner as a new advance plan, except that the commission may reduce the time for comments thereon to not less than 30 days.
196.491(2)(km)
(km) A utility may file an amendment to a previously approved plan with the commission at any time. The commission may grant review and approval under
pars. (b) to
(L), and may reduce the time for comments thereon to not less than 30 days.
196.491(2)(L)
(L) Once a plan has been approved, the commission may limit the scope of the issues before it upon review of a subsequent plan to those directly related to material changes.
196.491(2)(m)
(m) Any major contract relating to a facility for which a certificate of public convenience and necessity has not been applied for under
sub. (3), other than a contract relating to acquisition of real property, shall be reported in writing to the commission, indicating the general nature and amount of that commitment, within 30 days after it has been entered into.
196.491(2m)
(2m) Applicant to furnish engineering plan to department. At least 120 days prior to the filing of an application for a certificate of public convenience and necessity under
sub. (3) for a bulk or large electric generating facility, the applicant shall notify the department and the commission of its intention to make such application and provide the department with an engineering plan showing the location of the facility, a description of the facility, including the major components thereof having a significant air, water or solid waste pollution potential, and a description of the anticipated effects of such facility on air and water quality. Within 60 days thereafter, the department shall provide the applicant with a listing of each department permit or approval which, on the basis of the information contained in the engineering plan, appears to be required for the construction or operation of the facility. The department shall, in consultation with the commission, also designate which permits and approvals, or portions thereof, must be obtained prior to the issuance of the certificate of public convenience and necessity. Such designation shall be based on a finding by the department that the granting or denial of the same could significantly affect overall facility design or location. At any time prior to the issuance of the certificate of public convenience and necessity, the department may, in consultation with the commission, waive the necessity of obtaining any such permit or approval in advance of such certificate.
196.491(3)
(3) Certificate of public convenience and necessity. 196.491(3)(a)(a) No person may commence the construction of a facility unless such person has applied for and received a certificate of public convenience and necessity from the commission as provided in this section. An application in the form and containing the information required by commission rules for such certificate shall be filed with the commission not less than 18 months prior to the commencement of construction of a bulk electric generating facility, and not less than 6 months prior to the commencement of construction of a large electric generating facility or a high-voltage transmission line. Within 10 days after filing the application, the commission shall send a copy of the application to the clerk of each municipality and town in which the proposed facility is to be located and to the main public library in each such county. The applicant shall apply for any permits or approvals required by the department prior to the issuance of a certificate of public convenience and necessity within 20 days after the application to the commission. An applicant shall make a preliminary application for all other permits and approvals specified under
sub. (2m). Such preliminary application shall be sufficient if it identifies the permits and approvals applied for and contains so much of the information required for each such permit or approval as is then available to the applicant. Thereafter the applicant shall supply necessary additional engineering and design information as it becomes available.
196.491(3)(b)
(b) The commission shall hold a public hearing on the application 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.
196.491(3)(d)
(d) Except as provided under
s. 196.493, the application for a certificate of public convenience and necessity shall be approved if the commission determines that:
196.491(3)(d)1.
1. The proposed facility is in substantial compliance with the most recent advance plan filed under
sub. (2) and approved by the commission under
sub. (2) (i), except the commission may waive the requirement of this subdivision for large electric generating facilities or high-voltage transmission lines if it finds that the need for the facilities or lines could not have been reasonably foreseen by the utility at the time of the filing of its most recent advance plan approved by the commission.
196.491(3)(d)2.
2. The proposed facility is necessary to satisfy the reasonable needs of the public for an adequate supply of electric energy.
196.491(3)(d)3.
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. 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.
196.491(3)(d)3m.
3m. For a high-voltage transmission line, as defined in
s. 30.40 (3r), that is to be located in the lower Wisconsin state riverway, as defined in
s. 30.40 (15), the high-voltage transmission line will not impair, to the extent practicable, the scenic beauty or the natural value of the riverway. The commission may not require that a high-voltage transmission line, as defined in
s. 30.40 (3r), be placed underground in order for it to approve an application.
196.491(3)(d)4.
4. The proposed facility will not have undue adverse impact on other environmental values such as, but not limited to, ecological balance, public health and welfare, historic sites, geological formations, the aesthetics of land and water and recreational use. In its consideration of the impact on other environmental values, the commission may not determine that the proposed facility will have an undue adverse impact on these values because of the impact of air pollution if the proposed facility will meet the requirements of
ch. 285.
196.491(3)(d)6.
6. The proposed facility will not unreasonably interfere with the orderly land use and development plans for the area involved.
196.491(3)(e)
(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.
196.491(3)(f)
(f) The department shall complete action on all necessary permits and approvals required before issuance of a certificate of public convenience and necessity within:
196.491(3)(f)1.
1. 150 days after application under this subsection for large electric generating facilities or high-voltage transmission lines.
196.491(3)(f)2.
2. 480 days after application under this subsection for bulk electric generating stations.
196.491(3)(ff)
(ff) The department shall complete action on each permit and approval for which preliminary application has been made under
par. (a) within 90 days after the applicant has supplied all information required by the rules of the department.
196.491(3)(g)
(g) The commission shall take final action on the application within:
196.491(3)(g)1.
1. 180 days after application under this subsection for large electric generating facilities or high-voltage transmission lines.
196.491(3)(g)2.
2. 540 days after application under this subsection for bulk electric generating stations.
196.491(3)(h)
(h) The commission may waive compliance with any requirement of this section to the extent necessary to restore service which has been substantially interrupted by a natural catastrophe, accident, sabotage or act of God.
196.491(3)(hm)
(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.
196.491(3)(i)
(i) If installation or utilization of a facility for which a certificate of convenience and necessity has been granted is precluded or inhibited by a local ordinance, the installation and utilization of the facility may nevertheless proceed.
196.491(3)(j)
(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 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.
196.491(3)(k)
(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 by the commission.
196.492
196.492
Advance plan for the lower Wisconsin state riverway for high-voltage transmission lines. 196.492(1)
(1) A public utility or a cooperative association organized under
ch. 185 shall file a plan with the lower Wisconsin state riverway board 60 days before constructing, modifying or relocating a high-voltage transmission line, as defined in
s. 30.40 (3r), in the lower Wisconsin state riverway, as defined in
s. 30.40 (15), if the public utility or cooperative association is not required to file a plan with the commission under
s. 196.491 for that facility.
196.492(2)
(2) The plan may be an appropriate portion of a single regional plan and may be prepared jointly by 2 or more public utilities, 2 or more cooperative associations, or any combination of public utilities and cooperative associations.
196.492(4)
(4) The lower Wisconsin state riverway board shall approve the plan, if it determines that the high-voltage transmission line, as defined in
s. 30.40 (3r), will not impair, to the extent practicable, the scenic beauty or the natural value of the lower Wisconsin state riverway.
196.492(5)
(5) The lower Wisconsin state riverway board may not require that a high-voltage transmission line, as defined in
s. 30.40 (3r), be placed underground in order for it to approve a plan under
sub. (4).
196.492(6)
(6) If the plan does not meet the criteria under
sub. (4), the lower Wisconsin state riverway board shall reject the plan or approve the plan with any modifications that are necessary for an affirmative determination under
sub. (4).
196.492 History
History: 1989 a. 31.
196.493
196.493
Construction of nuclear power plants limited. 196.493(1)(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).
196.493(2)
(2) Limits on certification. 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:
196.493(2)(a)
(a) A federally licensed facility, or a facility outside of the United States which the commission determines will satisfy the public welfare requirements of the people of this state, with adequate capacity to dispose of high-level nuclear waste from all nuclear power plants operating in this state will be available, as necessary, for disposal of the waste; and
196.493(2)(b)
(b) The proposed nuclear power plant, in comparison with feasible alternatives, is economically advantageous to ratepayers, based upon:
196.493(2)(b)1.
1. The existence of a reliable and adequate nuclear fuel supply;
196.493(2)(b)2.
2. The costs for construction, operation and decommissioning of nuclear power plants and for nuclear waste disposal; and
196.493(2)(b)3.
3. Any other factor having an impact on the economics of nuclear power plants, as determined by the commission.
196.493 History
History: 1983 a. 401.
196.495
196.495
Avoidance of duplication in electric facilities. 196.495(1)(a)1.
1. "Primary voltage extension" means an extension of 500 feet or more.
196.495(1)(a)2.
2. "Secondary voltage extension" means an extension that is less than 500 feet.
196.495(1)(b)
(b) The length of an extension shall be measured as the air line distance between an existing local service distribution line that normally operates at less than 35 kilovolts and the nearest point on the principal building or facility to be served by a primary voltage extension or a secondary voltage extension.
196.495(1m)
(1m) No public utility, and no cooperative association organized under
ch. 185 for the purpose of furnishing electric service to its members only, may:
196.495(1m)(a)
(a) Extend or render electric service directly or indirectly to the premises of any person already receiving electric service directly or indirectly from another public utility or another cooperative association.
196.495(1m)(b)
(b) Make a primary voltage extension to serve the premises of any person not receiving electric service and to which service is available from the facilities of another public utility or another such cooperative association through a secondary voltage extension, unless the other public utility or cooperative association consents to the primary voltage extension in writing or unless the commission, after notice to the interested parties and hearing, determines that the service rendered or to be rendered by the other public utility or cooperative association is inadequate and is not likely to be made adequate, or that the rates charged for service are unreasonable and are not likely to be made reasonable.
196.495(2)
(2) If a public utility is rendering electric service under an indeterminate permit to a city or village, no cooperative association may extend any new electric service to the premises of any person inside the corporate limits, existing on January 1, 1961, of the city or village without the written consent of the public utility. Within any area annexed to a city or village after January 1, 1961, in which annexed area a cooperative association or public utility, other than the public utility serving the city or village under an indeterminate permit, has electric distribution facilities at the time of the annexation, the cooperative association or other public utility may make a primary voltage extension or a secondary voltage extension in the annexed area, subject to
sub. (1m).
196.495(2m)
(2m) The distribution service facilities of a cooperative association or public utility rendering electric service in an annexed area under
sub. (2) shall be subject to acquisition under
ch. 197 by a city or village if the city or village operates or proposes to operate its own electric public utility.
196.495(3)
(3) Nothing in this section shall preclude any public utility or any cooperative association from extending electric service to its own property or facilities or to another cooperative association for resale.
196.495(4)
(4) To avoid duplication of facilities, a public utility and a cooperative association may enter into a written agreement governing the extension of electric distribution lines and the right to serve customers. The commission shall enforce an agreement if the agreement has been filed with the commission and approved by the commission as being in the public interest.
196.495(5)
(5) If an interested party files a complaint with the commission that an electric public utility or a cooperative association has made a primary voltage extension that requires approval or consent under this section without obtaining approval or consent, the commission shall hear the complaint upon notice to the interested parties. If the commission determines that the primary voltage extension was made in violation of this section, it shall order the prompt removal of the primary voltage extension.
196.495(6)
(6) A cooperative association shall be subject to the authority of the commission to enforce the provisions of this section and to issue rules and orders relating to the provisions.
196.495(7)
(7) A cooperative association shall be subject to the authority of the commission to allocate, assess and collect expenditures of the commission against a cooperative association involved in a proceeding under this section in the same manner as provided for public utilities under
s. 196.85.
196.495 History
History: 1971 c. 125 s.
521;
1983 a. 53;
1991 a. 94.
196.495 Annotation
Although one utility was serving a farm, when the farm is annexed to a city and a large shopping center is built, the utility having an indeterminate permit to serve the city cannot be barred from serving the area; the PSC should determine which utility should serve the area. Adams-Marquette E. Coop. v. P.S.C. 51 W (2d) 718, 188 NW (2d) 515.
