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 percent 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 HistoryHistory: 1999 a. 9; 2003 a. 320. 196.80196.80 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. 196.807196.807 Energy affiliate and utility employees. 196.807(1)(a)(a) “Affiliate or utility” means a nonutility affiliate, holding company system, public utility or cooperative association organized under ch. 185 or 193. 196.807(1)(b)(b) “Energy unit” means a unit in this state that is engaged in activities related to the production, generation, transmission or distribution of electricity, gas or steam or the recovery of energy from waste materials. 196.807(1)(f)(f) “Sell an energy unit” means to sell, offer by lease, or otherwise transfer ownership or control of the energy unit. 196.807(1)(g)(g) “Unit” means a division, department or other operational business unit of an affiliate or utility.