1 | 1 | | LRB-4701/1 |
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2 | 2 | | EHS:emw |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 675 |
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5 | 5 | | November 27, 2023 - Introduced by Representatives NEYLON, GUSTAFSON, TITTL, |
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6 | 6 | | BALDEH, GREEN, KRUG, MURPHY, O'CONNOR, RETTINGER, ROZAR, SPIROS and |
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7 | 7 | | TRANEL, cosponsored by Senators COWLES, STROEBEL and BALLWEG. Referred |
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8 | 8 | | to Committee on Energy and Utilities. |
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9 | 9 | | ***AUTHORS SUBJECT TO CHANGE*** |
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10 | 10 | | AN ACT to repeal 196.026 (2); and to create 196.01 (2o) and 196.025 (8) and (9) |
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11 | 11 | | of the statutes; relating to: the Public Service Commission's website and an |
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12 | 12 | | annual report relating to its dockets. |
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13 | 13 | | Analysis by the Legislative Reference Bureau |
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14 | 14 | | This bill establishes certain requirements of the Public Service Commission |
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15 | 15 | | with respect to its website and the issuance of an annual report relating to PSC |
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16 | 16 | | dockets. A “docket” is defined as an investigation, proceeding, or other matter |
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17 | 17 | | opened by a vote of PSC, except for rule making. |
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18 | 18 | | Under the bill, PSC must include, with at least the first reference to a public |
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19 | 19 | | utility in any page or document PSC produces and publishes on its website, all names |
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20 | 20 | | by which the public is likely to know the utility, such as the name of a parent |
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21 | 21 | | company. |
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22 | 22 | | The bill requires PSC, in its website that offers public access to docket |
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23 | 23 | | information, to establish a function that allows a person to sign up to receive email |
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24 | 24 | | notifications relating to a single docket or a single utility and to specify the type of |
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25 | 25 | | activity relating to that docket or utility about which the person would like to receive |
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26 | 26 | | notifications. |
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27 | 27 | | The bill requires PSC to produce a report each year that shows each docket that |
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28 | 28 | | either was opened or had a decision issued on it during the prior calendar year, |
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29 | 29 | | organized into the following two lists: one list that includes dockets relating to |
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30 | 30 | | investor-owned utilities and one list that includes dockets relating to municipal |
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31 | 31 | | water, electric, gas and sewer utilities. Under the bill, PSC must organize each list |
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35 | 35 | | EHS:emw |
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36 | 36 | | ASSEMBLY BILL 675 |
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37 | 37 | | by utility and include for each docket the docket identification number, the title of |
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38 | 38 | | the proceeding, the number of public comments received in the docket if a public |
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39 | 39 | | comment period was held, the date of the application, and, if applicable, the dates of |
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40 | 40 | | the notice of investigation and the decision. |
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41 | 41 | | The bill also requires the annual report to include for each docket in which a |
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42 | 42 | | PSC decision was issued during the prior calendar year an opinion on the likely |
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43 | 43 | | impact on ratepayers, based on how the decision will impact public utility costs. |
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44 | 44 | | Under the bill, each opinion must state whether the impact on public utility costs, |
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45 | 45 | | and therefore on ratepayers, is likely to be positive (will lower public utility costs), |
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46 | 46 | | negligible (will have little to no impact), negative (will increase the public utility |
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47 | 47 | | costs), or other (will have both increased and decreased costs—for example, if the |
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48 | 48 | | early retirement of a plant increases costs but the use of environmental trust |
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49 | 49 | | financing in that retirement decreases costs). The bill provides that such an opinion |
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50 | 50 | | is for informational purposes only, is not on the merits of the proceeding, and is not |
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51 | 51 | | binding on future PSC decisions. |
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52 | 52 | | The bill authorizes PSC to allow for public comments on these reports, |
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53 | 53 | | including comments from the public utility referenced in the report, and to adjust the |
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54 | 54 | | reports based on comments received. The bill requires PSC, no later than April 30 |
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55 | 55 | | of the year after the year that is the subject of the report, to submit the reports to the |
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56 | 56 | | standing committees of the legislature with jurisdiction over energy and utilities and |
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57 | 57 | | to make the reports available to the public on PSC's website. |
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58 | 58 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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59 | 59 | | enact as follows: |
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60 | 60 | | SECTION 1. 196.01 (2o) of the statutes is created to read: |
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61 | 61 | | 196.01 (2o) “Docket" means an investigation, proceeding, or other matter |
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62 | 62 | | opened by a vote of the commission, except for rule making. |
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63 | 63 | | SECTION 2. 196.025 (8) and (9) of the statutes are created to read: |
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64 | 64 | | 196.025 (8) COMMISSION WEBSITE. (a) In any document or information produced |
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65 | 65 | | by the commission and published on the commission's website, the commission shall |
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66 | 66 | | include, with at least the first reference to a public utility on any page or document, |
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67 | 67 | | all names by which the public is likely to know the public utility, such as the name |
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68 | 68 | | of a parent company. |
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69 | 69 | | (b) If the commission maintains a website that offers public access to docket |
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70 | 70 | | information, the commission shall establish a function on the website that allows a |
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81 | 81 | | 11 - 3 -2023 - 2024 Legislature |
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82 | 82 | | LRB-4701/1 |
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83 | 83 | | EHS:emw |
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84 | 84 | | SECTION 2 |
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85 | 85 | | ASSEMBLY BILL 675 |
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86 | 86 | | person to sign up to receive email notifications relating to a single docket or a single |
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87 | 87 | | public utility and to specify the type of activity relating to that docket or public utility |
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88 | 88 | | about which the person would like to receive notifications. |
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89 | 89 | | (9) COMMISSION REPORTS AND OPINIONS. (a) No later than April 30 of each year, |
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90 | 90 | | the commission shall produce a report showing, at a minimum, all of the following: |
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91 | 91 | | 1. Each docket that either was opened or had a decision issued on it during the |
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92 | 92 | | prior calendar year, organized into two lists: one list that includes dockets relating |
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93 | 93 | | to investor-owned public utilities and one list that includes dockets relating to |
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94 | 94 | | municipal water, electric, gas, and sewer utilities. The commission shall organize |
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95 | 95 | | each list by utility and shall include for each docket the docket identification number, |
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96 | 96 | | the title of the proceeding, the number of public comments received in the docket if |
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97 | 97 | | a public comment period was held, the date of the application, and, if applicable, the |
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98 | 98 | | dates of the notice of investigation and the decision. |
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99 | 99 | | 2. The commission's opinion on the likely impact on ratepayers of each |
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100 | 100 | | commission decision issued in a docket during the prior calendar year, basing this |
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101 | 101 | | opinion on how the decision will impact public utility costs. Each opinion shall state |
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102 | 102 | | whether the impact on public utility costs, and therefore on ratepayers, is likely to |
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103 | 103 | | be positive, negligible, negative, or other. An impact is “positive” if the decision will |
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104 | 104 | | lower public utility costs, “negligible” if the decision will have little to no impact, |
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105 | 105 | | “negative” if the decision will increase the public utility costs, and “other” if the |
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106 | 106 | | decision will have both increased and decreased costs, such as if the early retirement |
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107 | 107 | | of a plant increases costs but the use of environmental trust financing under s. |
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108 | 108 | | 196.027 in that retirement decreases costs. The commission's opinion under this |
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109 | 109 | | subdivision is not on the merits of the proceeding at issue in the docket and is not |
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110 | 110 | | binding on future commission decisions. |
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135 | 135 | | 25 - 4 -2023 - 2024 Legislature LRB-4701/1 |
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136 | 136 | | EHS:emw |
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137 | 137 | | SECTION 2 ASSEMBLY BILL 675 |
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138 | 138 | | (b) The commission may allow for public comments on the opinions in the report |
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139 | 139 | | under par. (a) 2., including comments from the public utility referenced in the report, |
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140 | 140 | | and may adjust the report based on comments received during the public comment |
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141 | 141 | | period. |
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142 | 142 | | (c) No later than April 30 of the year following the calendar year that is the |
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143 | 143 | | subject of the report, the commission shall submit the report under par. (a) to the |
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144 | 144 | | standing committees of the legislature with jurisdiction over energy and utilities |
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145 | 145 | | under s. 13.172 (3) and shall make the report available to the public on the |
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146 | 146 | | commission's website. |
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147 | 147 | | SECTION 3. 196.026 (2) of the statutes is repealed. |
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148 | 148 | | SECTION 4.0Effective date. |
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149 | 149 | | (1) This act takes effect on the first day of the 7th month beginning after |
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150 | 150 | | publication. |
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151 | 151 | | (END) |
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