196.374(3)
(3) In 2000, 2001 and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under
sub. (2) on programs specified in
sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the fund. In each year after 2002, each utility shall contribute the entire amount determined under
sub. (2) to the commission for deposit in the fund. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the fund under this subsection. The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s.
196.374 (3), 1997 stats., to administer the programs that it has funded under s.
196.374 (1), 1997 stats. The commission may allow each utility to spend additional moneys on the programs specified in
sub. (2) if the utility otherwise complies with the requirements of this section and
s. 16.957 (4).
196.374(4)
(4) If the department notifies the commission under
s. 16.957 (2) (b) 2. that the department has reduced funding for energy conservation and efficiency and renewable resource programs by an amount that is greater than the portion of the public benefits fee specified in
s. 16.957 (4) (c) 2., the commission shall reduce the amount that utilities are required to spend on programs or contribute to the fund under
sub. (3) by the portion of the reduction that exceeds the amount of public benefits fees specified in
s. 16.957 (4) (c) 2.
196.374 History
History: 1983 a. 27;
1999 a. 9;
2001 a. 30.
196.375
196.375
Adequate service; reasonable rates. Upon complaint by any party affected, setting forth that any grantee of a permit to develop hydraulic power and generate hydroelectric energy for sale or service to the public is not furnishing consumers of this state with adequate service at a reasonable rate as a result of sales of the energy outside of the state, the commission may declare any or all contracts entered into by the grantee for the sales null and void insofar as the contracts interfere with the service or rate. The commission may not make a declaration under this section except after a hearing and investigation and a recorded finding that convenience and necessity require the sale of a specified part or all such energy within this state.
196.375 History
History: 1983 a. 53.
196.377
196.377
Renewable energy sources. 196.377(1)
(1)
Promotion of renewable energy systems. The commission shall encourage public utilities to develop and demonstrate electric generating technologies that utilize renewable sources of energy, including new, innovative or experimental technologies. The commission may ensure that a public utility fully recovers the cost of developing, constructing and operating such demonstrations through rates charged to customers of the utility.
196.377(2)(a)1.
1. "Eastern Wisconsin utility" means a public utility, other than a municipal utility that, on May 12, 1998, provided retail electric service to customers in the geographic area of the state that was served by the reliability council on that date.
196.377(2)(a)3.
3. "Municipal utility" means a public utility that is a municipality or that is wholly owned or operated by a municipality.
196.377(2)(a)4.
4. "Reliability council" means the Mid-America Interconnected Network, Inc., reliability council of the North American Electric Reliability Council.
196.377(2)(b)
(b) Except as provided in
par. (d), no later than December 31, 2000, each eastern Wisconsin utility shall construct or procure, on a competitive basis, the construction of an aggregate total of 50 megawatts of new electric capacity in this state that is, to the satisfaction of the commission, generated from renewable energy sources. Each eastern Wisconsin utility shall construct or procure the construction of a share of the aggregate total required under this paragraph that corresponds to the utility's share, as determined by the commission, of the aggregate demand for electricity that is supplied by the utilities in this state.
196.377(2)(c)
(c) An eastern Wisconsin utility may procure the construction required under
par. (a) by issuing requests for proposals no later than September 30, 1998.
196.377(2)(d)
(d) The commission may allow an eastern Wisconsin utility to comply with the requirements under
par. (b) by a date that is later than December 31, 2000, if the commission determines that the later date is necessary due to circumstances beyond the utility's control.
196.377(2)(e)
(e) Any new electric capacity that is generated from a wind power project for which an eastern Wisconsin utility has received a proposal before May 12, 1998, may be counted in determining whether the utility has satisfied the requirements under
par. (b).
196.377(2)(f)
(f) The commission shall allow an eastern Wisconsin utility to recover in its retail electric rates any costs that are prudently incurred by the utility in complying with the requirements under
par. (b).
196.377 History
History: 1993 a. 418;
1997 a. 204.
196.378
196.378
Renewable resources. 196.378(1)(a)
(a) "Biomass" means a resource that derives energy from wood or plant material or residue, biological waste, crops grown for use as a resource or landfill gases. "Biomass" does not include garbage, as defined in
s. 289.01 (9), or nonvegetation-based industrial, commercial or household waste, except that "biomass" includes refuse-derived fuel used for a renewable facility that was in service in this state before January 1, 1998.
196.378(1)(am)
(am) "Biomass cofired facility" means a renewable facility in which biomass and conventional resources are fired together.
196.378(1)(b)
(b) "Conventional resource" means a resource that derives energy from coal, oil, nuclear power or natural gas, except for natural gas used in a fuel cell.
196.378(1)(bm)
(bm) "Department" means the department of administration.
196.378(1)(c)
(c) "Electric provider" means an electric utility or retail electric cooperative.
196.378(1)(d)
(d) "Electric utility" means a public utility that sells electricity at retail. For purposes of this paragraph, a public utility is not considered to sell electricity at retail solely on the basis of its ownership or operation of a retail electric distribution system.
196.378(1)(e)
(e) "Excludable renewable energy" means the portion of an electric provider's total renewable energy that is supplied from renewable facilities that were placed in service before January 1, 1998, and that, before January 1, 1998, derived electricity from hydroelectric power, even if the output of the renewable facilities is used to satisfy requirements under federal law.
196.378(1)(f)
(f) "Nonsystem renewable energy" means the amount of electricity that an electric provider sells to its retail customers or members and that is supplied or allocated under executed wholesale purchase contracts from renewable facilities that are not owned or operated by the electric provider. "Nonsystem renewable energy" does not include any electricity that is not used to satisfy the electric provider's retail load obligations.
196.378(1)(g)
(g) "Renewable facility" means an installed and operational electric generating facility in which electricity is derived from a renewable resource. "Renewable facility" includes a facility the installation or operation of which is required under federal law, but does not include a facility the installation or operation of which is required under the laws of another state even if the installation or operation of the facility is also required under federal law.
196.378(1)(h)
(h) "Renewable resource" means any of the following:
196.378(1)(h)1.
1. A resource that derives electricity from any of the following:
196.378(1)(h)1.a.
a. A fuel cell that uses, as determined by the commission, a renewable fuel.
196.378(1)(h)1m.
1m. A resource with a capacity of less than 60 megawatts that derives electricity from hydroelectric power.
196.378(1)(h)2.
2. Any other resource, except a conventional resource, that the commission designates as a renewable resource in rules promulgated under
sub. (4).
196.378(1)(i)
(i) "Renewable resource credit" means a credit calculated in accordance with rules promulgated under
sub. (3) (a).
196.378(1)(j)
(j) "Resource" means a source of energy used to generate electric power.
196.378(1)(k)
(k) "Retail electric cooperative" means a cooperative association organized under
ch. 185 that sells electricity at retail to its members only. For purposes of this paragraph, a cooperative association is not considered to sell electricity at retail solely on the basis of its ownership or operation of a retail electric distribution system.
196.378(1)(n)
(n) "System renewable energy" means the amount of electricity that an electric provider sells to its retail customers or members and that is supplied by renewable facilities owned or operated by the electric provider.
196.378(1)(o)
(o) "Total renewable energy" means the sum of an electric provider's system and nonsystem renewable energy.
196.378(2)(a)(a) Each electric provider shall provide to its retail electric customers or members total renewable energy in at least the following percentages of its total retail electric sales, either directly or through renewable resource credits from another electric provider:
196.378(2)(b)1.
1. Total retail electric sales shall be calculated on the basis of an average of an electric provider's retail electric sales in this state during the prior 3 years.
196.378(2)(b)2.
2. The amount of electricity supplied by a biomass cofired facility that may be counted toward satisfying the requirements of
par. (a) shall be an amount equal to the product of the maximum amount of electricity that the facility is capable of generating and the ratio of the energy content of the biomass fuels to the energy content of both the biomass and conventional resources.
196.378(2)(b)3.
3. Any excludable renewable energy that exceeds 0.6% of an electric provider's total retail electric sales shall be excluded from the electric provider's total renewable energy.
196.378(2)(b)4.
4. The members of a municipal electric company, as defined in
s. 66.0825 (3) (d), may aggregate and allocate renewable energy among themselves.
196.378(2)(c)
(c) No later than April 15 annually, an electric provider shall submit a report to the department that describes the electric provider's compliance with
par. (a). Reports under this paragraph may include certifications from wholesale suppliers regarding the sources and amounts of energy supplied to an electric provider. The department may specify the documentation that is required to be included with reports submitted under this paragraph.
196.378(2)(d)
(d) The commission shall allow an electric utility to recover from ratepayers the cost of providing total renewable energy to its retail customers in amounts that equal or exceed the percentages specified in
par. (a). Subject to any approval of the commission that is necessary, an electric utility may recover costs under this paragraph by any of the following methods:
196.378(2)(d)1.
1. Allocating the costs equally to all customers on a kilowatt-hour basis.
196.378(2)(d)2.
2. Establishing alternative price structures, including price structures under which customers pay a premium for renewable energy.
196.378(2)(e)1.a.
a. An electric provider that provides more than 10% of its summer peak demand in this state from renewable facilities.
196.378(2)(e)1.b.
b. An electric provider that provides more than 10% of its summer peak demand from renewable resources.
196.378(2)(e)2.
2. For purposes of calculating the percentages under
subd. 1., an electric provider may include renewable facilities located in this or another state and renewable facilities located on its or another electric provider's system.
196.378(2)(e)3.
3. Notwithstanding
subd. 1., this subsection applies to an electric provider unless the electric provider provides documentation to the commission that establishes, to the satisfaction of the commission, that the electric provider satisfies the requirements under
subd. 1. a. or
b.
196.378(3)(a)(a) An electric provider that provides total renewable energy to its retail electric customers or members in excess of the percentages specified in
sub. (2) (a) 1. to
6. may, in the applicable year, sell to any other electric provider a renewable resource credit or a portion of a renewable resource credit at any negotiated price. Alternatively, an electric provider may use a renewable resource credit or portion of a renewable resource credit in a subsequent year to establish compliance with
sub. (2) (a). The commission shall promulgate rules that establish requirements for the use of a renewable resource credit, including calculating the amount of a renewable resource credit.
196.378(3)(b)
(b) The commission may promulgate rules that establish requirements and procedures for a sale under
par. (a).
196.378(4)
(4) Rules. The commission may promulgate rules that designate a resource, except for a conventional resource, as a renewable resource in addition to the resources specified in
sub. (1) (h) 1. and
1m.
196.378(5)
(5) Penalty. Any person who violates
sub. (2) or any wholesale supplier who provides an electric provider with a false or misleading certification regarding the sources or amounts of energy supplied 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:
196.378(5)(a)
(a) The appropriateness of the forfeiture to the person's or wholesale supplier's volume of business.
196.378(5)(c)
(c) Whether a violation of
sub. (2) is due to circumstances beyond the violator's control.
196.378 History
History: 1999 a. 9;
2001 a. 30.
196.378 Cross-reference
Cross Reference: See also ch.
PSC 118, Wis. adm. code.
196.39
196.39
Change, amendment and rescission of orders; reopening cases. 196.39(1)(1) The commission at any time, upon notice to the public utility and after opportunity to be heard, may rescind, alter or amend any order fixing rates, tolls, charges or schedules, or any other order made by the commission, and may reopen any case following the issuance of an order in the case, for any reason.
196.39(2)
(2) An interested party may request the reopening of a case under
s. 227.49.
196.39(3)
(3) Any order rescinding, altering, amending or reopening a prior order shall have the same effect as an original order.
196.39(4)
(4) Within 30 days after service of an order, the commission may correct an error or omission in the order related to transcription, typing or calculation without hearing if the correction does not alter the intended effect of the order.
196.39 History
History: 1983 a. 53,
144,
538;
1997 a. 204.
196.39 Annotation
The PSC cannot order a change in rates by order, without notice and hearing, on the ground that the order is only a clarification of an earlier order. Mid-Plains Telephone, Inc. v. PSC
56 Wis. 2d 780,
202 N.W.2d 907 (1973).
196.395
196.395
Test, conditional, emergency and supplemental orders; waiver of conditions in orders. The commission may issue an order calling for a test of actual results under requirements prescribed by the order, during which test period the commission may retain jurisdiction of the subject matter. The commission may issue conditional, temporary, emergency and supplemental orders. If an order is issued upon certain stated conditions, any party acting upon any part of the order shall be deemed to have accepted and waived all objections to any condition contained in the order.
196.395 History
History: 1983 a. 53.
196.395 Annotation
Temporary and emergency rates may be appropriately and widely used by the public service commission when justified by the circumstances. Friends of the Earth v. PSC,
78 Wis. 2d 388,
254 N.W.2d 299 (1977).
