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.
196.495 Annotation
The phrase "premises of a person already receiving electrical service" refers to the premises to be served, not the person. Adams-Marquette E. Coop. v. P.S.C. 51 W (2d) 718, 188 NW (2d) 515.
196.497
196.497
State policy regarding the long-term disposal of high-level radioactive waste and transuranic waste. 196.497(1)(1)
Definitions. As used in this section unless the context requires otherwise:
196.497(1)(b)
(b) "Federal department of energy" means the federal department of energy or any successor agency assigned responsibility for the long-term disposal of high-level radioactive waste and transuranic waste.
196.497(1)(c)1.
1. Fuel that is withdrawn from a nuclear reactor after irradiation and which is packaged and prepared for disposal; or
196.497(1)(c)2.
2. Highly radioactive waste resulting from reprocessing irradiated nuclear fuel including both the liquid waste which is produced directly in reprocessing and any solid material into which the liquid waste is transformed.
196.497(1)(d)
(d) "Transuranic waste" means waste material containing alpha-emitting radioactive elements having an atomic number greater than 92 in concentrations greater than 10 nanocuries per gram.
196.497(2)(a)(a)
Initial agency to be contacted. The commission shall serve as the initial agency in this state to be contacted by the federal department of energy or any other federal agency on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.
196.497(2)(b)
(b)
Receipt of information. The commission shall serve as the initial agency in this state to receive any report, study, document, information or notification of proposed plans from the federal department of energy or any other federal agency on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste. Notification of proposed plans include notification of proposals to conduct field work, on-site evaluation, on-site testing or similar activities.
196.497(2)(c)
(c)
Dissemination of information. The commission shall disseminate or arrange with the federal department of energy or other federal agency to disseminate information received under
par. (b) to appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public, interested citizen groups and persons who have requested in writing to receive this information.
196.497(2)(d)
(d)
Response. The commission shall respond to contacts under
par. (a) and information received under
par. (b) if a response is appropriate. The commission shall consult with appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public and interested citizen groups in preparing this response.
196.497(3)
(3) Advocate. The commission shall serve as an advocate on behalf of the citizens of this state before the federal department of energy and other federal agencies on matters related to the long-term disposal of radioactive waste and transuranic waste.
196.497(5)
(5) Review of applications for federal funds. The commission shall review any application to the federal department of energy or other federal agency by a state agency, local unit of government or regional planning commission for funds for any program related to the long-term disposal of high-level radioactive waste or transuranic waste. If the commission finds that the application is not consistent with the commission's policy related to the long-term disposal of high-level radioactive waste or transuranic waste or that the application is not in the best interest of the state, the commission shall forward its findings to the governor, the joint committee on finance and the federal agency to which the application for funds is being made. If the commission finds that the application of a state agency is not consistent with the commission's policy related to the long-term disposal of high-level radioactive waste or transuranic waste or that the application of a state agency is not in the best interest of the state, the findings forwarded to the governor shall include a recommendation that the governor act under
s. 16.54 (1) and stipulate conditions for the acceptance of the funds which are necessary to safeguard the interests of the state.
196.497(6)
(6) Monitor federal activity. The commission shall monitor activity in congress and the federal government related to the long-term disposal of high-level radioactive waste and transuranic waste. The commission may advise the congressional delegation from this state of action which is needed to protect the interests of the state.
196.497(7)
(7) Request attorney general to intervene. If appropriate the commission shall request the attorney general to intervene in federal proceedings to protect the state's interests and present the state's point of view on matters related to the long-term disposal of high-level radioactive waste or transuranic waste.
196.497(8)(a)(a)
Negotiations with the federal department of energy. The commission shall serve as the agency in this state to negotiate written agreements and modifications to these agreements, with the federal department of energy on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.
196.497(8)(b)
(b)
Negotiations with other federal agencies. The commission shall serve as the agency in this state to negotiate written agreements and modifications to these agreements, with any federal agency other than the federal department of energy on any matter related to the long-term disposal of high-level radioactive waste or transuranic waste.
196.497(8)(d)
(d)
Hearings. The commission shall conduct public hearings on any proposed agreement or modification to an agreement negotiated under
par. (a) or
(b). The commission shall provide 30 days' notice of the date and location of hearings conducted under this paragraph. The commission shall prepare a written summary of testimony presented at hearings conducted under this paragraph and shall consider the need for modifications to the negotiated agreement as a result of the hearings.
196.497(8)(f)
(f)
Approval of agreements and modifications by the legislature and governor. No agreement or modification to an agreement negotiated under
par. (a) or
(b) may take effect unless it is approved under
sub. (10).
196.497(8)(g)
(g)
Technical revisions. The commission may negotiate what in the commission's judgment are technical revisions to any agreement approved under
sub. (10).
196.497(8)(i)
(i)
Review of technical revisions by the legislature and governor. No technical revision to an agreement negotiated under
par. (g) may take effect unless it is considered approved under
sub. (11).
196.497(9)
(9) Agreements with the federal department of energy. 196.497(9)(a)(a)
Separate agreements. The commission may negotiate separate agreements with the federal department of energy concerning different stages of the process of evaluating and selecting a site for the long-term disposal of high-level radioactive waste or transuranic waste. The commission shall negotiate a separate agreement with the federal department of energy for the final stages of the selection of any site for the long-term disposal of high-level radioactive waste or transuranic waste.
196.497(9)(b)
(b)
Contents. Any agreement negotiated by the commission with the federal department of energy under
sub. (8) (a) shall include all of the following:
196.497(9)(b)1.
1. A general description of the roles of the state and the federal department of energy.
196.497(9)(b)2.
2. A compliance schedule which includes a list of significant events and stages which are expected to be reached as the federal department of energy assesses the suitability of the state for the long-term disposal of high-level radioactive waste or transuranic waste and a description of the actions to be taken by the federal department of energy and the state at each event and stage.
