196.378(1)(fr)
(fr) "Renewable energy supplier" means a person from whom an electric provider purchases renewable energy at wholesale.
196.378(1)(g)
(g) "Renewable facility" means an installed and operational electric generating facility, located in or outside this state, that generates renewable energy.
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) 1. and
2.
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)(o)
(o) "Total renewable energy" means the total amount of renewable energy that the electric provider sold to its customers or members in a year. "Total renewable energy" does not include any energy that is used to comply with the renewable energy requirements of another state. "Total renewable energy" includes all of the following:
196.378(1)(o)1.
1. Renewable energy supplied by a renewable facility owned or operated by an affiliated interest or wholesale supplier of an electric provider and allocated to the electric provider under an agreement between the electric provider and the affiliated interest or wholesale supplier.
196.378(1)(o)2.
2. Renewable energy purchased by an affiliated interest or wholesale supplier of an electric provider from a renewable facility that is not owned or operated by the affiliated interest or wholesale supplier, which renewable energy is allocated to the electric provider under an agreement between the electric provider and the affiliated interest or wholesale supplier.
196.378(2)(a)1.1. No later than June 1, 2016, the commission shall prepare a report stating whether, by December 31, 2015, the state has met a goal of 10 percent of all electric energy consumed in the state being renewable energy. If the goal has not been achieved, the report shall indicate why the goal was not achieved and how it may be achieved, and the commission shall prepare similar reports biennially thereafter until the goal is achieved. The commission shall submit reports under this subdivision to the governor and chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2).
196.378(2)(a)2.a.
a. For the years 2006, 2007, 2008, and 2009, each electric provider may not decrease its renewable energy percentage below the electric provider's baseline renewable percentage.
196.378(2)(a)2.b.
b. For the year 2010, each electric provider shall increase its renewable energy percentage so that it is at least 2 percentage points above the electric provider's baseline renewable percentage.
196.378(2)(a)2.c.
c. For the years 2011, 2012, 2013, and 2014, each electric provider may not decrease its renewable energy percentage below the electric provider's renewable energy percentage required under
subd. 2. b.
196.378(2)(a)2.d.
d. For the year 2015, each electric provider shall increase its renewable energy percentage so that it is at least 6 percentage points above the electric provider's baseline renewable percentage.
196.378(2)(a)2.e.
e. For each year after 2015, each electric provider may not decrease its renewable energy percentage below the electric provider's renewable energy percentage required under
subd. 2. d.
196.378(2)(b)1.
1. The total amount of electricity that an electric provider sold to retail customers or members in a year shall be calculated on the basis of an average of the electric provider's retail electric sales in this state during the prior 3 years.
196.378(2)(b)1m.
1m. The amount of electricity derived from hydroelectric renewable resources that an electric provider may count toward satisfying the requirements of
par. (a) 2. shall be all electricity provided by hydroelectric power that the electric provider purchased in the reporting year plus all of the following:
196.378(2)(b)1m.a.
a. The average of the amounts of hydroelectric power generated by facilities owned or operated by the electric provider for 2001, 2002, and 2003, adjusted to reflect the permanent removal from service of any of those facilities and adjusted to reflect any capacity increases from improvements made to those facilities on or after January 1, 2004.
196.378(2)(b)1m.b.
b. The amount of hydroelectric power generated in the reporting year by facilities owned or operated by the electric provider that are initially placed in service on or after January 1, 2004.
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)4.
4. A wholesale supplier may sell credits that it creates and may aggregate and allocate the credits that it creates among its members or customers. A member or customer may sell credits or portions of a credit allocated to the member or customer by the wholesale supplier.
196.378(2)(b)5.
5. An electric provider that purchases renewable energy from a renewable energy supplier may use an allocated share of the renewable energy sold by the renewable energy supplier to comply with a requirement under
par. (a) 2. or to create a credit under
sub. (3) (a), provided that the cost of the renewable energy is included in the price the electric provider paid the renewable energy supplier.
196.378(2)(c)
(c) No later than April 15 annually, or another annual date specified by the commission by rule, an electric provider shall submit a report to the commission that identifies the electric provider's renewable energy percentage for the previous year and describes the electric provider's compliance with
par. (a) 2. and the electric provider's implementation plans for future compliance. Reports under this paragraph may include certifications from renewable energy suppliers regarding the sources and amounts of renewable energy supplied to the electric provider. The commission may specify the documentation that is required to be included with reports submitted under this paragraph. The commission may require that electric providers submit the reports in a proceeding, initiated by the commission under this section relating to the implementation of
s. 1.12, or in a proceeding for preparing a strategic energy assessment under
s. 196.491 (2). No later than 90 days after the commission's receipt of an electric provider's report, the commission shall inform the electric provider whether the electric provider is in compliance with
par. (a) 2.
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)
(e) An electric provider, or a wholesale supplier for its members, may request that the commission grant a delay for complying with a deadline specified in
par. (a) 2. The commission shall hold a hearing on the request and, if requested by the electric provider or wholesale supplier, treat the matter as a contested case. The commission shall grant a delay if the commission determines that the applicant has demonstrated good faith efforts to comply with the deadline and that any of the following applies:
196.378(2)(e)1.
1. Notwithstanding reasonable efforts to protect against undesirable impacts on the reliability of an electric provider's system, compliance with the deadline will have an undesirable impact on the reliability of the applicant's system.
196.378(2)(e)2.
2. Notwithstanding reasonable efforts to protect against unreasonable increases in rates of the applicant's ratepayers or members, compliance with the deadline will result in unreasonable increases in rates of the applicant's ratepayers or members, including increases that are due to the discontinuation of federal renewable energy tax credits or other federal policies intended to reduce the acquisition costs of renewable energy.
196.378(2)(e)3.
3. Notwithstanding reasonable efforts to obtain required approvals, the applicant cannot comply with the deadline because the applicant or a supplier has experienced or will experience delays in receiving required siting or permitting approvals for renewable energy projects.
196.378(2)(e)4.
4. Notwithstanding reasonable efforts to secure transmission service, the applicant cannot comply with the deadline because the applicant faces transmission constraints that interfere with the economic and reliable delivery of renewable energy to the applicant's system.
196.378(2)(f)
(f) A wholesale electric cooperative for its members or a municipal electric company for its members may delay compliance with a deadline specified in
par. (a) 2. for any reason specified in
par. (e) 1. to
4. A wholesale electric cooperative or a municipal electric company that delays compliance with a deadline specified in
par. (a) 2. shall inform the commission of the delay and the reason for the delay, and shall submit information to the commission demonstrating that, notwithstanding good faith efforts by the wholesale electric cooperative or municipal electric company and its members, the members cannot meet the deadline for the stated reason.
196.378(2)(g)1.1. In this paragraph, "energy consumer advocacy group" means a group or organization that advocates on behalf of its members' interests regarding the cost, availability, and reliability of energy or regarding utility regulation.
196.378(2)(g)2.
2. An energy consumer advocacy group may request that the commission grant to an electric provider that serves one or more members of the group a delay for complying with a deadline specified in
par. (a) 2. The commission shall hold a hearing on the request and, if requested by the energy consumer advocacy group, treat the matter as a contested case. The commission shall grant a delay if the commission determines that the utility has demonstrated good faith efforts to comply with the deadline and that any of the conditions in
par. (e) 1. to
4. apply.
196.378(3)(a)1.1. Subject to
subd. 2., 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) 2. may, in the applicable year, create a renewable resource credit and sell to any other electric provider the renewable resource credit or a portion of the renewable resource credit at any negotiated price. An electric provider that creates or purchases a renewable resource credit or portion may use the credit or portion in a subsequent year, as provided under
par. (c), to establish compliance with
sub. (2) (a) 2. The commission shall promulgate rules that establish requirements for the creation and use of a renewable resource credit created on or after January 1, 2004, including calculating the amount of a renewable resource credit, and for the tracking of renewable resource credits by a regional renewable resource credit tracking system. The rules shall specify the manner for aggregating or allocating credits under this subdivision or
sub. (2) (b) 4. or
5.
196.378(3)(a)2.
2. The commission shall promulgate rules for calculating the amount of a renewable resource credit that is created from a renewable facility placed into service before January 1, 2004. The rules shall provide that the amount of a renewable resource credit created on or after January 1, 2004, from such a renewable facility, except a renewable facility owned by a retail customer of an electric provider, is limited to the incremental increase in output from the renewable facility that is due to capacity improvements made on or after January 1, 2004.
196.378(3)(b)
(b) The commission may promulgate rules that establish requirements and procedures for a sale under
par. (a) 1.
196.378(3)(c)
(c) A renewable resource credit created under s.
196.378 (3) (a), 2003 stats., may not be used after December 31, 2011. A renewable resource credit created under
par. (a) 1. or
2., as affected by
2005 Wisconsin Act 141, may not be used after the 4th year after the year in which the credit is created, except the commission may promulgate rules specifying a different period of time if the commission determines that such period is necessary for consistency with any regional renewable resource credit trading program that applies in this state.
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(4m)
(4m) Additional renewable resources requirements. 196.378(4m)(a)(a) The commission may not impose on an electric provider any requirement that increases the electric provider's renewable energy percentage beyond that required under
sub. (2) (a) 2. If an electric provider is in compliance with the requirements of
sub. (2) (a) 2., the commission may not require the electric provider to undertake, administer, or fund any other renewable energy program. This paragraph does not limit the authority of the commission to enforce an electric provider's obligations under
s. 196.374.
196.378(4m)(b)
(b) An electric utility may, with commission approval, administer or fund a program that increases the electric utility's renewable energy percentage beyond that required under
sub. (2) (a) 2. The commission may not order an electric utility to administer or fund a program under this paragraph.
196.378(4r)
(4r) Reports. No later than July 1 of each even-numbered year, the commission shall submit a report to the governor and chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) that evaluates the impact of the requirements of this section on the rates and revenue requirements of electric providers and compares that impact with the impact that would have occurred if renewable energy practices of electric providers were subject to market forces in the absence of the requirements of this section.
196.378(5)
(5) Penalty. Any person who violates
sub. (2) or any renewable energy supplier who provides an electric provider with a false or misleading certification regarding the sources or amounts of renewable energy supplied at wholesale 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;
2005 a. 141.
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 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.
