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.
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.
