Integrated resource and reliability planning
This bill requires electric utilities and cooperative associations to submit
biennial integrated resource and reliability plans to PSC that include certain
information about their plans to construct the following: 1) large electric generating

facilities with a capacity of 100 megawatts or more; 2) small electric generating
facilities with a capacity of at least 12 but less than 100 megawatts; and 3)
high-voltage transmission lines that are longer than one mile and operate at 100
kilovolts or more. As part of an integrated resource and reliability plan, an electric
utility must identify alternatives to the proposed electric generating facilities,
including alternative locations, fuel types, and methods of generation, and must
explain the reasons for selecting the types of electric generating facilities proposed.
An electric utility must also identify alternative routes for any high-voltage
transmission lines proposed and indicate their effects on the environment and how
the utility will avoid or minimize potential adverse effects. An electric utility's
detailed projection for electricity demand and assessment of whether it has sufficient
capacity to make electricity available to consumers at a reasonable price must also
be included in the plan, as well as a description of existing and planned programs and
policies for discouraging inefficient and excessive electricity use. After holding a
hearing on a utility's plan, PSC may approve the plan if PSC finds that the plan will
provide a reasonably adequate supply of electricity to meet the needs of the public
and that the plan satisfies certain other criteria.
Strategic energy assessment
In addition, the bill eliminates the requirement that PSC prepare a biennial
strategic energy assessment. Under current law, the strategic energy assessment
evaluates the adequacy and reliability of the state's current and future energy supply
and includes information on the following: 1) planned large electric generating
facilities and high-voltage transmission lines; 2) plans for assuring an adequate
ability to transfer electricity into the state; 3) the projected demand for electricity;
4) activities discouraging inefficient and excessive electricity use; 5) the extent to
which effective competition contributes to a reliable, low-cost, and environmentally
sound source of electricity; and 6) whether sufficient electricity is available at a
reasonable price. Current law requires PSC to hold a hearing on a draft of the
strategic energy assessment and prepare a final strategic energy assessment based
on received comments.
Closure of large electric generating facilities
The bill requires electric utilities and cooperative associations to notify PSC at
least 180 days prior to closing any large electric generating facility with a capacity
of 100 megawatts or more, and requires PSC, after public comment and hearing, to
issue a determination as to whether the proposed closure will have an effect on
electric reliability. The bill requires PSC to make its determination by considering
the utility or cooperative's most recent integrated resources and reliability plan and
information collected from the electric utility or cooperative and from the public, as
well as any other information PSC deems relevant. Under the bill, PSC must notify
the electric utility or cooperative of its determination no less than 45 days prior to
the planned closure.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB682,1 1Section 1. 196.025 (1) (ar) of the statutes is amended to read:
AB682,4,72 196.025 (1) (ar) Consideration of energy priorities. Except as provided in pars.
3(b) to (d), to the extent cost-effective, technically feasible and environmentally
4sound, the commission shall implement the priorities under s. 1.12 (4) in making all
5energy-related decisions and orders, including strategic energy assessment
6approval of integrated resource and reliability plans under s. 196.491 (2), rate setting
7and rule-making orders.
AB682,2 8Section 2 . 196.027 (1) (d) 3. of the statutes is created to read:
AB682,4,99 196.027 (1) (d) 3. The retiring of any existing electric generating facility.
AB682,3 10Section 3 . 196.027 (1) (f) of the statutes is renumbered 196.027 (1) (f) 1. (intro.)
11and amended to read:
AB682,4,1312 196.027 (1) (f) 1. (intro.) “Environmental control cost" means capital all of the
13following:
AB682,4,19 14a. Capital cost, including the capitalized cost relating to regulatory assets,
15incurred or expected to be incurred by an energy utility in undertaking an
16environmental control activity and, with respect to an environmental control activity
17described in par. (d) 2., includes or 3., the unrecovered value of property that is
18retired, including any demolition or similar cost that exceeds the salvage value of the
19property.
AB682,5,3
12. “Environmental control cost" does not include any monetary penalty, fine,
2or forfeiture assessed against an energy utility by a government agency or court
3under a federal or state environmental statute, rule, or regulation.
AB682,4 4Section 4 . 196.027 (1) (f) 1. b. of the statutes is created to read:
AB682,5,85 196.027 (1) (f) 1. b. With respect to an environmental control activity described
6in par. (d) 3., and subject to sub. (2) (b) 2. a., the portion of an energy utility's rate that
7is attributable to the rate of return for the facility authorized under the commission's
8order in a rate-making proceeding and that is forgone as a result of the retirement.
AB682,5 9Section 5 . 196.027 (3) (b) of the statutes is amended to read:
AB682,5,1810 196.027 (3) (b) The commission may not order or otherwise directly or
11indirectly require an energy utility to use environmental trust bonds to finance any
12a project, addition, plant, facility, extension, capital improvement, environmental
13control equipment, retirement, or any other expenditure, unless, except as provided
14in sub. (2) (c), the energy utility has made an application under sub. (2) (a) to finance
15such expenditure using environmental trust bonds. The commission may not refuse
16to allow an energy utility to recover costs for environmental control activities in an
17otherwise permissible fashion solely because of the potential availability of
18environmental trust financing
.
AB682,6 19Section 6. 196.378 (2) (c) of the statutes is amended to read:
AB682,6,920 196.378 (2) (c) No later than April 15 annually, or another annual date specified
21by the commission by rule, an electric provider shall submit a report to the
22commission that identifies the electric provider's renewable energy percentage for
23the previous year and describes the electric provider's compliance with par. (a) 2. and
24the electric provider's implementation plans for future compliance. Reports under
25this paragraph may include certifications from renewable energy suppliers

1regarding the sources and amounts of renewable energy supplied to the electric
2provider. The commission may specify the documentation that is required to be
3included with reports submitted under this paragraph. The commission may require
4that electric providers submit the reports in a proceeding, initiated by the
5commission under this section relating to the implementation of s. 1.12, or in a
6proceeding for preparing a strategic energy assessment an integrated resource and
7reliability plan
under s. 196.491 (2). No later than 90 days after the commission's
8receipt of an electric provider's report, the commission shall inform the electric
9provider whether the electric provider is in compliance with par. (a) 2.
AB682,7 10Section 7. 196.491 (title) of the statutes is amended to read:
AB682,6,13 11196.491 (title) Strategic energy assessment Integrated resource and
12reliability planning
; electric generating facilities and transmission lines;
13natural gas lines.
AB682,8 14Section 8. 196.491 (1) (b) of the statutes is amended to read:
AB682,6,1915 196.491 (1) (b) “Commencement of construction" means site clearing,
16excavation, placement of facilities or installations, or any other substantial action
17adversely affecting the natural environment of the site, but does not mean borings
18necessary to determine foundation conditions or other preconstruction monitoring
19to establish background information related to site or environmental suitability.
AB682,9 20Section 9. 196.491 (1) (fm) of the statutes is created to read:
AB682,6,2321 196.491 (1) (fm) “Installation” means, unless the context requires otherwise,
22a small electric generating facility, a large electric generating facility, or a
23high-voltage transmission line.
AB682,10 24Section 10. 196.491 (1) (s) of the statutes is created to read:
AB682,7,3
1196.491 (1) (s) “Small electric generating facility” means electric generating
2equipment and associated facilities designed for nominal operation at a capacity of
3at least 12 but less than 100 megawatts.
AB682,11 4Section 11. 196.491 (2) (title) of the statutes is repealed and recreated to read:
AB682,7,55 196.491 (2) (title) Integrated resource and reliability planning.
AB682,12 6Section 12. 196.491 (2) (a) (intro.) of the statutes is repealed and recreated to
7read:
AB682,7,128 196.491 (2) (a) (intro.) On or before July 1 of each even-numbered year, or such
9biennial period as the commission may approve, each electric utility shall file its plan
10with the commission and with those persons or agencies listed in par. (b). Such plans
11may be appropriate portions of a single regional plan or may be prepared jointly by
122 or more electric utilities, and shall do all of the following:
AB682,13 13Section 13. 196.491 (2) (a) 1. of the statutes is created to read:
AB682,7,1914 196.491 (2) (a) 1. Describe the general location, size, and type of installations
15that are expected to be owned or operated in whole or in part by the utility and the
16construction of which is expected to commence during the next 10 years, or such
17longer period as the commission deems necessary, and shall identify all existing
18installations intended to be removed from service during the period or upon
19completion of such construction.
AB682,14 20Section 14. 196.491 (2) (a) 2. of the statutes is created to read:
AB682,7,2421 196.491 (2) (a) 2. Identify practical alternatives to the general location, fuel
22type, and method of generation of the proposed electric generating facilities, and set
23forth in detail the reasons for selecting the proposed general location, fuel type, and
24method of generation.
AB682,15 25Section 15. 196.491 (2) (a) 3. of the statutes is amended to read:
AB682,8,9
1196.491 (2) (a) 3. Identify and describe the location of proposed and alternative
2sites for
large electric generating facilities on which an electric utility plans to
3commence construction within 3 years
for which neither a certificate of public
4convenience and necessity under sub. (3) nor a certificate under s. 196.49 has been
5applied for but the commencement of whose construction is planned within 5 years,
6or such longer period as the commission deems necessary, and indicate the impacts
7of the proposed and alternative generating facilities on the environment and the
8means by which potential adverse effects on such values will be avoided or
9minimized
.
AB682,16 10Section 16. 196.491 (2) (a) 3g. of the statutes is repealed.
AB682,17 11Section 17. 196.491 (2) (a) 3m. of the statutes is amended to read:
AB682,8,1612 196.491 (2) (a) 3m. Identify and describe the location of tentative and
13alternative routes for
high-voltage transmission lines on which an electric utility
14plans to commence
construction within 3 years is intended to be commenced in the
15next 5 years and indicate the effects of the transmission lines on the environment and
16the means by which potential adverse effects will be avoided or minimized
.
AB682,18 17Section 18. 196.491 (2) (a) 3r. of the statutes is repealed.
AB682,19 18Section 19. 196.491 (2) (a) 4. of the statutes is amended to read:
AB682,8,2319 196.491 (2) (a) 4. Identify and describe Indicate in detail the projected demand
20for electric energy over the next 5 years and the basis for determining the projected
21demand, and assess whether the utility has sufficient electric capacity and energy
22to make electric capacity and energy available to customers at a reasonable price
23over that period
.
AB682,20 24Section 20. 196.491 (2) (a) 5. of the statutes is created to read:
AB682,9,2
1196.491 (2) (a) 5. Describe the electric utility's relationship to other electric
2utilities and regional associations, power pools, and networks.
AB682,21 3Section 21. 196.491 (2) (a) 6. of the statutes is created to read:
AB682,9,64 196.491 (2) (a) 6. Identify and describe all major research projects and
5programs that will continue or commence in the next 5 years and set forth the
6reasons for selecting specific areas for research.
AB682,22 7Section 22. 196.491 (2) (a) 7. of the statutes is amended to read:
AB682,9,98 196.491 (2) (a) 7. Identify and describe activities existing and planned
9programs and policies
to discourage inefficient and excessive power use.
AB682,23 10Section 23. 196.491 (2) (a) 8. of the statutes is created to read:
AB682,9,1411 196.491 (2) (a) 8. Identify the total number of distributed generation facilities,
12as defined in s. 196.496 (1), that are known to be located within the utility's service
13territory and the total generation capacity, actual or projected, of those distributed
14generation facilities.
AB682,24 15Section 24. 196.491 (2) (a) 12. of the statutes is repealed.
AB682,25 16Section 25. 196.491 (2) (a) 13. of the statutes is repealed.
AB682,26 17Section 26. 196.491 (2) (a) 14. of the statutes is created to read:
AB682,9,1818 196.491 (2) (a) 14. Provide any other information required by the commission.
AB682,27 19Section 27. 196.491 (2) (ag) of the statutes is amended to read:
AB682,9,2520 196.491 (2) (ag) The commission shall promulgate rules that establish
21procedures and requirements for reporting information that is necessary for the
22commission
electric utilities to prepare strategic energy assessments integrated
23resource and reliability plans
under par. (a) and rules that identify any additional
24information to be included in an integrated resource and reliability plan under par.
25(a) 14
.
AB682,28
1Section 28. 196.491 (2) (b) (intro.) of the statutes is repealed and recreated to
2read:
AB682,10,53 196.491 (2) (b) (intro.) A copy of each integrated resource and reliability plan
4shall, at the time it is filed with the commission, also be filed with each of the
5following:
AB682,29 6Section 29. 196.491 (2) (b) 7. of the statutes is amended to read:
AB682,10,107 196.491 (2) (b) 7. The director or chairperson of each regional planning
8commission constituted under s. 66.0309 which has jurisdiction over any area where
9 a facility an installation is proposed to be located or which requests a copy of such
10plan.
AB682,30 11Section 30. 196.491 (2) (b) 8. of the statutes is amended to read:
AB682,10,1512 196.491 (2) (b) 8. The lower Wisconsin state riverway board if the draft plan
13includes an assessment of the construction, modification, or relocation of a
14high-voltage transmission line, as defined in s. 30.40 (3r), that is located in the lower
15Wisconsin riverway as defined in s. 30.40 (15).
AB682,31 16Section 31. 196.491 (2) (b) 10. of the statutes is repealed.
AB682,32 17Section 32. 196.491 (2) (b) 11. of the statutes is created to read:
AB682,10,1918 196.491 (2) (b) 11. Standing committees of the legislature with jurisdiction over
19energy and utilities under s. 13.172 (3).
AB682,33 20Section 33. 196.491 (2) (c) of the statutes is created to read:
AB682,10,2321 196.491 (2) (c) The agencies receiving copies under par. (b) 1. to 8. shall review
22the plans and submit their comments to the commission within 180 days after their
23receipt of the plans. Comments shall include all of the following:
AB682,10,2424 1. A description of any statutory permits or approvals required by the agency.
AB682,11,2
12. A description of the types and forms of information required for adequate
2review of an application for each permit or approval.
AB682,11,53 3. A detailed discussion as to the areas in which the plans coordinate with the
4agency's plans, policies, functions, and programs and the areas in which the plans
5conflict and the significance of such conflicts.
AB682,11,76 4. To the extent practicable and consistent with its program responsibilities,
7a discussion of the environmental impacts of the plan.
AB682,34 8Section 34. 196.491 (2) (d) of the statutes is created to read:
AB682,11,179 196.491 (2) (d) The commission shall, within 10 days after the plan is filed, send
10a copy of such plan, or the applicable portion thereof, to the county planner or, if none
11exists, to the county clerk of each county affected by the plan, to the main public
12library of each such county, and to any other county planner, county clerk, or public
13library that requests copies of the plan or portions of the plan. The commission shall
14send a copy of the applicable portion of the plan to the clerk of each municipality and
15town in which a small or large electric generating facility is proposed to be located,
16and shall notify each public library in such municipality or town that copies of the
17plan are available upon request.
AB682,35 18Section 35. 196.491 (2) (e) of the statutes is amended to read:
AB682,11,2219 196.491 (2) (e) Any state agency, as defined in s. 16.310 (1), county,
20municipality, town, or person may submit written comments on any plan to the
21commission on a strategic energy assessment within 90 180 days after copies of the
22draft are issued under par. (b)
the plan is filed.
AB682,36 23Section 36. 196.491 (2) (f) of the statutes is amended to read:
AB682,11,2524 196.491 (2) (f) Section 1.11 (2) (c) shall not apply to a strategic energy
25assessment
an integrated resource and reliability plan prepared under par. (a).
AB682,37
1Section 37. 196.491 (2) (g) of the statutes is amended to read:
AB682,12,242 196.491 (2) (g) No sooner than 30 and no later than 90 Within 180 days after
3copies of the draft are issued a plan is filed under par. (b), the commission shall hold
4a hearing on the draft which may not be a hearing under s. 227.42 or 227.44 on the
5plan
. The hearing shall be held in an administrative district, established by
6executive order 22, issued August 24, 1970, which the commission determines will
7be significantly affected by facilities on which an electric utility plans to commence
8construction within
installations proposed in the plan to be constructed in the
9following
3 years. The commission may thereafter adjourn the hearing to other
10locations or may conduct the hearing by interactive video conference or other
11electronic method. Notice of such hearing shall be given by class 1 notice, under ch.
12985, published in the official state newspaper and such other regional papers of
13general circulation as may be designated by the commission. At such hearing the
14commission shall briefly describe the strategic energy assessment plan and give all
15interested persons an opportunity, subject to reasonable limitations on the
16presentation of repetitious material, to express their views on any aspect of the
17strategic energy assessment plan. A record of the hearing shall be made and
18considered by the commission as comments on the strategic energy assessment plan
19under par. (e). The electric utility, any agency, county, municipality, or town, or any
20person whose substantial rights may be adversely affected by the testing for or
21construction of installations described in an integrated resource and reliability plan
22shall, upon filing written notice setting forth its interest at least 10 days in
23integrated resource and reliability, be afforded all the rights of a party in a contested
24case.
AB682,38 25Section 38. 196.491 (2) (gm) of the statutes is repealed.
AB682,39
1Section 39. 196.491 (2) (i) of the statutes is created to read:
AB682,13,42 196.491 (2) (i) A plan shall be approved if, based upon the record of the hearing
3and the written comments submitted under pars. (c) and (e), the commission
4determines that the plan meets all of the following conditions:
AB682,13,65 1. Provides for a reasonably adequate supply of electrical energy to meet the
6needs of the public during the planning period.
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