196.796(3)(a)(a) Subsection (2) does not prohibit a public utility or nonutility affiliate from doing any of the following:
196.796(3)(a)1.
1. Repairing, maintaining, installing or constructing a structure that is owned or used by or for a public utility or nonutility affiliate, or for a customer of a public utility if the repair, maintenance, installation or construction is related to furnishing heat, light, water or power to the customer.
196.796(3)(a)2.
2. Engaging in construction that is specifically related to the evaluation, control or remediation of hazardous substances; solid, liquid or gaseous wastes; soils; air; or water.
196.796(3)(a)3.
3. Engaging in construction that is performed in order to comply with federal, state or local environmental laws, regulations, orders or rules.
196.796(3)(a)4.
4. Consulting or making other financial or business arrangements with one or more 3rd parties who will engage in commercial construction.
196.796(3)(a)5.
5. Consulting or making other financial or business arrangements with one or more 3rd parties who will engage in residential construction or residential real estate development, except that if a public utility or nonutility affiliate contracts for the development of more than one residential construction project or residential real estate development, the public utility or nonutility affiliate may not enter into an exclusive arrangement with a 3rd party for all such residential construction or residential real estate development.
196.796(3)(a)6.
6. Acquiring or disposing of property or interests in property if the acquisition or disposition is related to the operation of a public utility and the acquisition or disposition satisfies one of the following:
196.796(3)(a)6.a.
a. The acquisition or disposition is conducted under a contract with a 3rd party that is engaged in real estate practice.
196.796(3)(a)6.b.
b. The acquisition or disposition is conducted by an individual engaged in real estate practice or employed by a public utility.
196.796(3)(b)
(b) Subsection (2) does not prohibit a public utility that is not subject to the requirements of
s. 196.795, or the nonutility subsidiary of such a public utility, from doing any of the following:
196.796(3)(b)1.
1. Engaging in commercial or residential real estate development or construction on property owned or acquired by the public utility or nonutility subsidiary for a public utility purpose if the total annual revenues from the development or construction do not exceed 3% of the total operating revenues of the public utility in any year.
196.796(3)(b)2.
2. Providing financial support for the purpose of economic development to 3rd parties that are engaged in an activity specified in
sub. (2) (a) to
(d). The public utility or nonutility subsidiary may profit directly from that activity only through receipt of profits that are incidental to the economic development project or interest earned on a loan.
196.796(4)(a)(a) A nonutility affiliate that has engaged in residential construction prior to, or is engaged in residential construction on, October 29, 1999, may directly or indirectly own in any chain of successive ownership 50% or more of the ownership interest of an entity that hires a 3rd party to engage in residential construction or commercial construction that is incidental to residential construction, except that the nonutility affiliate may not actively participate in the daily operations or daily business decisions of the entity.
196.796(4)(b)
(b) A public utility or nonutility affiliate may engage in residential real estate development at a brownfields facility or site.
196.796(5)
(5) Private cause of action. Any public utility or nonutility affiliate that does, causes or permits to be done any action prohibited under this section or fails to comply with any requirement specified in this section is liable to any person injured thereby in the amount of damages sustained in consequence of the prohibited action or failure to comply.
196.796 History
History: 1999 a. 9;
2003 a. 320.
196.80
196.80
Consolidation or merger of utilities. 196.80(1g)
(1g) In this section, "public utility" does not include a telecommunications utility.
196.80(1m)
(1m) With the consent and approval of the commission but not otherwise a public utility may:
196.80(1m)(a)
(a) Merge or consolidate with one or more other public utilities.
196.80(1m)(b)
(b) Acquire the stock of any other public utility or any part thereof.
196.80(1m)(d)
(d) Consolidate or merge with any Wisconsin corporation if substantially all of the assets of the corporation consist of the entire stock of the public utility. The total of the resulting securities outstanding of the possessor corporation which have not been authorized previously under
ch. 201 shall require authorization under
ch. 201 as a condition precedent to the merger or consolidation.
196.80(1m)(e)
(e) Sell, acquire, lease or rent any public utility plant or property constituting an operating unit or system.
196.80(3)
(3) The interested public utility shall make an application for the approval and consent of the commission under this section. The application shall contain a concise statement of the proposed action, the reasons for the action and any other information required by the commission. If an application is filed, the commission shall investigate the application. The investigation may be with or without public hearing. If the commission conducts a public hearing, the hearing shall be upon such notice as the commission may require. If the commission finds that the proposed action is consistent with the public interest, it shall give its consent and approval in writing. In reaching its determination the commission shall take into consideration the reasonable value of the property and assets of the corporation to be acquired or merged.
196.80(5)
(5) Any transaction required under this section to be submitted to the commission for its consent and approval shall be void unless the commission gives its consent and approval to the transaction in writing.
196.80(6)
(6) Nothing in this section may be construed to limit any authority conferred by statute upon the commission before June 27, 1935.