Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB470 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 470
5	5	October 5, 2023 - Introduced by Representatives PETERSEN, MURSAU, O'CONNOR,
6	6	PLUMER, STEFFEN, SWEARINGEN and WICHGERS, cosponsored by Senators
7	7	BRADLEY, MARKLEIN and WANGGAARD. Referred to Committee on Energy and
8	8	Utilities.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 196.485 (1) (cr), 196.485 (1) (ef) and 196.485 (3g) of the statutes;
11	11	relating to: an incumbent transmission facility owner's right to construct,
12	12	own, and maintain certain transmission facilities and Public Service
13	13	Commission procedures if the transmission facility is a regionally cost-shared
14	14	transmission line.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill grants to an incumbent transmission facility owner the right to
17	17	construct, own, and maintain a transmission facility that has been approved for
18	18	construction in the Midcontinent Independent System Operator 's (MISO)
19	19	transmission plan and that connects to transmission facilities owned by that
20	20	incumbent transmission facility owner. Under the bill, an “incumbent transmission
21	21	facility owner” is a transmission company or a cooperative or public utility that owns
22	22	a transmission facility and provides transmission service in this state. Under
23	23	current law, MISO is an organization that is subject to the jurisdiction of the Federal
24	24	Energy Regulatory Commission and that coordinates and controls electric
25	25	transmission in a region of the country that includes this state. The bill provides that
26	26	the right to construct, own, and maintain a transmission facility that connects to
27	27	transmission facilities owned by two or more incumbent transmission facility owners
28	28	belongs individually and proportionally to each incumbent transmission facility
29	29	owner, unless otherwise agreed upon in writing.
30	30	The bill also defines “regionally cost-shared transmission line” to mean a
31	31	high-voltage transmission line that is eligible for regional cost sharing and is not
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38	38	ASSEMBLY BILL 470
39	39	subject to a right of first refusal in accordance with the MISO tariff. Under the bill,
40	40	if under MISO's transmission plan a regionally cost-shared transmission line has
41	41	been approved for construction and connection to facilities owned by an incumbent
42	42	transmission facility owner, the incumbent transmission facility owner must give
43	43	the Public Service Commission written notice regarding the owner's intent to
44	44	construct, own, and maintain the line no later than 90 days after approval of the
45	45	transmission plan. If the owner indicates that it does not intent to construct the line,
46	46	the bill requires it to fully explain that decision in the notice to PSC. In that case,
47	47	the bill allows PSC to determine whether the incumbent transmission facility owner
48	48	or another entity must construct the line, taking into consideration issues such as
49	49	cost, efficiency, and reliability.
50	50	The bill requires an incumbent transmission facility owner with the right to
51	51	construct a MISO-approved regionally cost-shared transmission line to include in
52	52	any application for a certificate of public convenience and necessity an estimate of
53	53	the cost of construction, along with documentation that the estimate is the result of
54	54	competitively bid engineering, procurement, and construction contracts. The bill
55	55	also requires such an incumbent transmission facility owner to provide to PSC until
56	56	construction is complete quarterly reports that include updated estimates of the
57	57	construction cost and an explanation of any changes from prior cost estimates.
58	58	The people of the state of Wisconsin, represented in senate and assembly, do
59	59	enact as follows:
60	60	SECTION 1. 196.485 (1) (cr) of the statutes is created to read:
61	61	196.485 (1) (cr) “Incumbent transmission facility owner" means a transmission
62	62	company or transmission utility.
63	63	SECTION 2. 196.485 (1) (ef) of the statutes is created to read:
64	64	196.485 (1) (ef) “Regionally cost-shared transmission line” means a
65	65	high-voltage transmission line that is eligible, in whole or in part, for regional cost
66	66	sharing and is not subject to a right of first refusal in accordance with the tariff of
67	67	the Midwest independent system operator.
68	68	SECTION 3. 196.485 (3g) of the statutes is created to read:
69	69	196.485 (3g) INCUMBENT TRANSMISSION FACILITY OWNER RIGHTS. (a) Rights.
70	70	Subject to the approval of the commission under s. 196.491 (3), an incumbent
71	71	transmission facility owner has the right to construct, own, and maintain a
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86	86	SECTION 3
87	87	ASSEMBLY BILL 470
88	88	transmission facility that has been approved for construction in the Midwest
89	89	independent system operator's transmission plan and that connects to transmission
90	90	facilities owned by that incumbent transmission facility owner. The right to
91	91	construct, own, and maintain a transmission facility that connects to transmission
92	92	facilities owned by 2 or more incumbent transmission facility owners belongs
93	93	individually and proportionally to each incumbent transmission facility owner,
94	94	unless otherwise agreed upon in writing.
95	95	(b) Commission procedure. 1. If, in the Midwest independent system operator's
96	96	transmission plan, a regionally cost-shared transmission line has been approved for
97	97	construction and connection to facilities owned by an incumbent transmission
98	98	facility owner, the incumbent transmission facility owner shall give written notice
99	99	to the commission regarding the owner's intent to construct, own, and maintain the
100	100	regionally cost-shared transmission line no later than 90 days after approval of the
101	101	transmission plan.
102	102	2. If an incumbent transmission facility owner indicates in its notice to the
103	103	commission under subd. 1. that it does not intend to construct the regionally
104	104	cost-shared transmission line, it shall in the notice fully explain the basis for that
105	105	decision. In that case, the commission may determine whether the incumbent
106	106	transmission facility owner or another entity is required to construct the regionally
107	107	cost-shared transmission line, taking into consideration issues such as cost,
108	108	efficiency, reliability, and other factors identified in this chapter.
109	109	(c) Cost control and requirement of competition. With respect to a regionally
110	110	cost-shared transmission line approved by the Midwest independent system
111	111	operator, an incumbent transmission facility owner with the right to construct the
112	112	transmission line shall do all of the following:
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139	139	SECTION 3 ASSEMBLY BILL 470
140	140	1. In any application filed pursuant to s. 196.491 (3), provide to the commission
141	141	an estimate of the cost to construct the regionally cost-shared transmission line and
142	142	documentation showing that this cost is the result of competitively bid engineering,
143	143	procurement, and construction contracts.
144	144	2. Until construction of the regionally cost-shared transmission line is
145	145	complete, provide to the commission a quarterly report that includes an updated
146	146	estimate of the cost to construct the regionally cost-shared transmission line and an
147	147	explanation of changes from prior cost estimates provided under this subdivision or
148	148	subd. 1.
149	149	(END)
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