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).
196.40
196.40
Orders and determinations; time of taking effect. Every order or determination of the commission shall take effect 20 days after the order or determination has been filed and served by personal delivery or mail to all parties to the proceeding in which the order or determination was made or to their attorneys, unless the commission specifies a different date upon which the order or determination shall be effective. After the effective date every order or determination shall be on its face lawful and reasonable unless a court determines otherwise under
s. 227.57.
196.40 History
History: 1983 a. 53;
1985 a. 182 s.
57.
196.41
196.41
Court review. Any order or determination of the commission may be reviewed under
ch. 227.
196.41 History
History: 1983 a. 53.
196.43
196.43
Injunction procedure. 196.43(1)
(1) No injunction may be issued in any proceeding for review under
ch. 227 of an order of the commission, suspending or staying the order except upon application to the circuit court or presiding judge thereof, notice to the commission and any other party, and hearing. No injunction which delays or prevents an order of the commission from becoming effective may be issued in any other proceeding or action in any court unless the parties to the proceeding before the commission in which the order was made are also parties to the proceeding or action before the court.
196.43(2)
(2) No injunction may be issued in any proceeding for review under
ch. 227, or in any other proceeding or action, suspending or staying any order of the commission or having the effect of delaying or preventing any order of the commission from becoming effective, unless at least 2 sureties enter into an undertaking on behalf of the petitioner or plaintiff. The court or presiding judge of the court shall direct that the sum of the undertaking be enough to effect payment of any damage which the opposite party may sustain by the delay or prevention of the order of the commission from becoming effective, and to such further effect as the judge or court in its discretion directs. No order or judgment in any proceeding or action may be stayed upon appellate court review unless the petitioner or plaintiff enters into the undertaking under this subsection in addition to any undertaking required under
s. 808.07.
196.43(3)
(3) No injunction may be issued in any proceeding for review under
ch. 227 of an order of the commission under
s. 196.199 (3) (a) 2., suspending or staying the order, unless the court finds that the person seeking review of the order is likely to succeed on the merits and suffer irreparable harm without the suspension or stay and that the suspension or stay is in the public interest.
196.43 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 775 (1975);
1977 c. 187 s.
135;
1983 a. 53;
1997 a. 218.
196.44
196.44
Law enforcement. 196.44(1)(1)
Duty of commission. The commission shall inquire into the neglect or violation of the laws of this state by public utilities, or by their officers, agents or employees or by persons operating public utilities, and shall enforce all laws relating to public utilities, and report all violations to the attorney general.
196.44(2)
(2) Duties of attorney general and district attorneys. Upon request of the commission, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under this chapter, and shall institute and prosecute all necessary actions or proceedings for the enforcement of all laws relating to public utilities or telecommunications providers, and for the punishment of all violations.
196.44(3)
(3) Actions, character, venue. Any forfeiture, fine or other penalty under this chapter may be recovered as a forfeiture in a civil action brought in the name of the state in the circuit court of Dane County or in the county that would be the proper place of trial under
s. 801.50.
196.48
196.48
Incriminating evidence. No person may be excused from testifying or from producing books, accounts and papers in any proceeding based upon or growing out of any violation of
chs. 195 to
197, on the ground or for the reason that the testimony or evidence may tend to incriminate or subject the person to penalty or forfeiture. A person who testifies under this section may not be:
196.48(1)(a)(a) Prosecuted or subjected to any penalty or forfeiture for testifying or producing evidence.
196.48(2)
(2) Exempted from prosecution or punishment for perjury in testifying.
196.485
196.485
Transmission system requirements. 196.485(1)(a)
(a) "Affiliated interest of a person" means any of the following:
196.485(1)(a)1.
1. Any person owning or holding directly or indirectly 5% or more of the voting securities of the person.
196.485(1)(a)2.
2. Any person in any chain of successive ownership of 5% or more of voting securities of the person.
196.485(1)(a)3.
3. Any corporation 5% or more of whose voting securities is owned by any person owning 5% or more of the voting securities of the person or by any person in any chain of successive ownership of 5% or more of the voting securities of the person.
196.485(1)(a)4.
4. Any person who is an officer or director of the person or of any corporation in any chain of successive ownership of 5% or more of the voting securities of the person.
196.485(1)(a)5.
5. Any corporation operating a servicing organization for furnishing supervisory, construction, engineering, accounting, legal or similar services to the person, which corporation has one or more officers or one or more directors in common with the person, and any other corporation which has directors in common with the person if the number of directors of the corporation is more than one-third of the total number of the person's directors.
196.485(1)(am)
(am) "Contribute a transmission facility" means to divest a person's interest in the transmission facility and to transfer ownership of the transmission facility, and associated deferred tax reserves and deferred investment tax credits to the extent permitted by law, to another person.
196.485(1)(b)
(b) "Cooperative" means a cooperative association organized under
ch. 185.
196.485(1)(be)
(be) "Director" means, with respect to a transmission company organized as a corporation under
ch. 180, a member of the board of directors of the transmission company.
196.485(1)(bs)1.
1. A public utility that is involved in the generation, transmission, distribution or sale of electric energy.
196.485(1)(c)
(c) "Federal agency" means, with respect to a transmission utility that is a cooperative, the rural utilities service and, with respect to a transmission utility that is a public utility, the federal energy regulatory commission.
196.485(1)(d)
(d) "Independent system operator" means an independent system operator that requires the approval of a federal agency to operate transmission facilities in this state or a region.
196.485(1)(dm)1m.a.
a. The person does not own electric generation facilities or does not sell electric generation capacity or energy in a market within the geographic area that, on December 31, 1997, was served by the Mid-America Interconnected Network, Inc., Mid-Continent Area Power Pool, East Central Area Reliability Coordination Agreement or Southwest Power Pool reliability council of the North American Electric Reliability Council.
196.485(1)(do)
(do) "Land right" means any right in real property, including fee simple ownership or a right-of-way or easement, that has been acquired for a transmission facility that is located or intended to be located on the real property.
196.485(1)(dq)
(dq) "Manager" means, with respect to a transmission company organized as a limited liability company under
ch. 183, the representatives of the security holders that are elected or appointed under
sub. (3m) (c).
196.485(1)(dr)
(dr) "Merger enforcement policy" means the enforcement policy of the federal department of justice and the federal trade commission regarding horizontal acquisitions and mergers that are subject to
15 USC 1,
18 or
45.
196.485(1)(ds)
(ds) "Midwest independent system operator" means the independent system operator the establishment of which the federal energy regulatory commission has conditionally authorized in an order issued on September 16, 1998, or the successor to such independent system operator.
196.485(1)(dt)
(dt) "Nontransmission utility security holder" means a security holder that is not a transmission utility security holder.
196.485(1)(dv)
(dv) "Organizational start-up date" means, with respect to a transmission company that is organized as a limited liability company under
ch. 183, the date on which the articles of organization become effective under
s. 183.0111 or, with respect to a transmission company that is organized as a corporation under
ch. 180, the date on which the articles of incorporation become effective under
s. 180.0123.
196.485(1)(e)
(e) "Region" means an interstate geographic area that includes any portion of this state.
196.485(1)(em)
(em) "Retail electric cooperative" means a cooperative that provides retail electric service to its members.
196.485(1)(f)
(f) "Rural utilities service" means the agency in the federal department of agriculture that is the successor to the rural electrification administration.
196.485(1)(fe)
(fe) "Security" means, with respect to a transmission company organized as a corporation under
ch. 180, a share, as defined in
s. 180.0103 (15), and, with respect to a transmission company organized as a limited liability company under
ch. 183, a limited liability company interest, as defined in
s. 183.0102 (11).
