Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB651 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 SENATE BILL 651
5	5	November 9, 2023 - Introduced by Senators COWLES and STROEBEL, cosponsored by
6	6	Representatives GUSTAFSON, NEYLON, TITTL, ANDRACA, DITTRICH, KRUG,
7	7	MURPHY, O'CONNOR, RETTINGER, ROZAR and SPIROS. Referred to Committee on
8	8	Utilities and Technology.
9	9	AN ACT to repeal 196.491 (2) (a) 3g., 196.491 (2) (a) 3r., 196.491 (2) (a) 12.,
10	10	196.491 (2) (a) 13., 196.491 (2) (b) 10. and 196.491 (2) (gm); to renumber and
11	11	amend 196.027 (1) (f); to amend 196.025 (1) (ar), 196.027 (3) (b), 196.378 (2)
12	12	(c), 196.491 (title), 196.491 (1) (b), 196.491 (2) (a) 3., 196.491 (2) (a) 3m., 196.491
13	13	(2) (a) 4., 196.491 (2) (a) 7., 196.491 (2) (ag), 196.491 (2) (b) 7., 196.491 (2) (b) 8.,
14	14	196.491 (2) (e), 196.491 (2) (f), 196.491 (2) (g), 196.491 (2r), 196.491 (3) (dm) and
15	15	196.795 (7) (a) 1. b.; to repeal and recreate 196.491 (2) (title), 196.491 (2) (a)
16	16	(intro.) and 196.491 (2) (b) (intro.); and to create 196.027 (1) (d) 3., 196.027 (1)
17	17	(f) 1. b., 196.491 (1) (fm), 196.491 (1) (s), 196.491 (2) (a) 1., 196.491 (2) (a) 2.,
18	18	196.491 (2) (a) 5., 196.491 (2) (a) 6., 196.491 (2) (a) 8., 196.491 (2) (a) 14., 196.491
19	19	(2) (b) 11., 196.491 (2) (c), 196.491 (2) (d), 196.491 (2) (i), 196.491 (2) (j), 196.491
20	20	(2) (jm), 196.491 (2) (k), 196.491 (2) (km), 196.491 (2) (L), 196.491 (2) (m) and
21	21	196.491 (5m) of the statutes; relating to: use of environmental trust bonds to
22	22	finance the costs of retiring electric generating facilities; integrated resource
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38	38	SENATE BILL 651
39	39	and reliability planning by electric utilities and cooperatives; closure of large
40	40	electric generating facilities; and granting rule-making authority.
41	41	Analysis by the Legislative Reference Bureau
42	42	This bill authorizes the use of environmental trust financing for the costs of
43	43	retiring an electric generating facility, requires integrated resource and reliability
44	44	planning by electric utilities and cooperatives, eliminates the requirement that the
45	45	Public Service Commission prepare a biennial strategic energy assessment, and
46	46	provides a process by which PSC determines whether a proposed closure of a large
47	47	electric generating facility will affect electric reliability.
48	48	Environmental trust financing
49	49	Under current law, an energy utility is allowed to apply to PSC for an order
50	50	allowing the utility to finance or recover the costs of the following activities by issuing
51	51	bonds: 1) the construction, installation, or otherwise putting into place of
52	52	environmental control equipment in connection with a plant that, before March 30,
53	53	2004, has been used to provide service to customers; and 2) the retiring of any
54	54	existing plant, facility, or other property to reduce, control, or eliminate
55	55	environmental pollution in accordance with federal or state law. Current law defines
56	56	these activities as “environmental control activities.” If approved by PSC, the bonds,
57	57	which are referred to as “environmental trust bonds,” are secured by revenues
58	58	arising from charges paid by an energy utility's customers for the utility to recover
59	59	the cost of the activities, as well as the cost of financing the bonds.
60	60	This bill adds the retiring of any existing electric generating facility as an
61	61	environmental control activity, the costs of which, including the unrecovered value,
62	62	may be financed or recovered by an environmental trust bond. In addition, with
63	63	respect to this new environmental control activity, the bill adds to the costs that may
64	64	be financed or recovered the portion of an energy utility's rate that is attributable to
65	65	the rate of return for the facility authorized under PSC's order in a rate-making
66	66	proceeding and that is forgone as a result of the retirement. Under current law, the
67	67	costs that may be financed or recovered include capital cost incurred or expected to
68	68	be incurred in undertaking an environmental control activity and, with respect to
69	69	retiring a plant, facility, or other property, the unrecovered value of property that is
70	70	retired.
71	71	Under this bill, PSC may order an energy utility to use environmental trust
72	72	bonds to finance an expenditure. Under current law, PSC may not order an energy
73	73	utility to use environmental trust bonds to finance an expenditure unless the energy
74	74	utility has applied to PSC to do so, and PSC may not refuse to allow an energy utility
75	75	to recover costs for environmental control activities in an alternate manner because
76	76	of the potential availability of environmental trust financing.
77	77	Integrated resource and reliability planning
78	78	This bill requires electric utilities and cooperative associations to submit
79	79	biennial integrated resource and reliability plans to PSC that include certain
80	80	information about their plans to construct the following: 1) large electric generating
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86	86	facilities with a capacity of 100 megawatts or more; 2) small electric generating
87	87	facilities with a capacity of at least 12 but less than 100 megawatts; and 3)
88	88	high-voltage transmission lines that are longer than one mile and operate at 100
89	89	kilovolts or more. As part of an integrated resource and reliability plan, an electric
90	90	utility must identify alternatives to the proposed electric generating facilities,
91	91	including alternative locations, fuel types, and methods of generation, and must
92	92	explain the reasons for selecting the types of electric generating facilities proposed.
93	93	An electric utility must also identify alternative routes for any high-voltage
94	94	transmission lines proposed and indicate their effects on the environment and how
95	95	the utility will avoid or minimize potential adverse effects. An electric utility's
96	96	detailed projection for electricity demand and assessment of whether it has sufficient
97	97	capacity to make electricity available to consumers at a reasonable price must also
98	98	be included in the plan, as well as a description of existing and planned programs and
99	99	policies for discouraging inefficient and excessive electricity use. After holding a
100	100	hearing on a utility's plan, PSC may approve the plan if PSC finds that the plan will
101	101	provide a reasonably adequate supply of electricity to meet the needs of the public
102	102	and that the plan satisfies certain other criteria.
103	103	Strategic energy assessment
104	104	In addition, the bill eliminates the requirement that PSC prepare a biennial
105	105	strategic energy assessment. Under current law, the strategic energy assessment
106	106	evaluates the adequacy and reliability of the state's current and future energy supply
107	107	and includes information on the following: 1) planned large electric generating
108	108	facilities and high-voltage transmission lines; 2) plans for assuring an adequate
109	109	ability to transfer electricity into the state; 3) the projected demand for electricity;
110	110	4) activities discouraging inefficient and excessive electricity use; 5) the extent to
111	111	which effective competition contributes to a reliable, low-cost, and environmentally
112	112	sound source of electricity; and 6) whether sufficient electricity is available at a
113	113	reasonable price. Current law requires PSC to hold a hearing on a draft of the
114	114	strategic energy assessment and prepare a final strategic energy assessment based
115	115	on received comments.
116	116	Closure of large electric generating facilities
117	117	The bill requires electric utilities and cooperative associations to notify PSC at
118	118	least 180 days prior to closing any large electric generating facility with a capacity
119	119	of 100 megawatts or more, and requires PSC, after public comment and hearing, to
120	120	issue a determination as to whether the proposed closure will have an effect on
121	121	electric reliability. The bill requires PSC to make its determination by considering
122	122	the utility or cooperative's most recent integrated resources and reliability plan and
123	123	information collected from the electric utility or cooperative and from the public, as
124	124	well as any other information PSC deems relevant. Under the bill, PSC must notify
125	125	the electric utility or cooperative of its determination no less than 45 days prior to
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128	128	SENATE BILL 651
129	129	For further information see the state fiscal estimate, which will be printed as
130	130	an appendix to this bill.
131	131	The people of the state of Wisconsin, represented in senate and assembly, do
132	132	enact as follows:
133	133	SECTION 1. 196.025 (1) (ar) of the statutes is amended to read:
134	134	196.025 (1) (ar) Consideration of energy priorities. Except as provided in pars.
135	135	(b) to (d), to the extent cost-effective, technically feasible and environmentally
136	136	sound, the commission shall implement the priorities under s. 1.12 (4) in making all
137	137	energy-related decisions and orders, including strategic energy assessment
138	138	approval of integrated resource and reliability plans under s. 196.491 (2), rate setting
139	139	and rule-making orders.
140	140	SECTION 2. 196.027 (1) (d) 3. of the statutes is created to read:
141	141	196.027 (1) (d) 3. The retiring of any existing electric generating facility.
142	142	SECTION 3. 196.027 (1) (f) of the statutes is renumbered 196.027 (1) (f) 1. (intro.)
143	143	and amended to read:
144	144	196.027 (1) (f) 1. (intro.) “Environmental control cost" means capital all of the
145	145	following:
146	146	a. Capital cost, including the capitalized cost relating to regulatory assets,
147	147	incurred or expected to be incurred by an energy utility in undertaking an
148	148	environmental control activity and, with respect to an environmental control activity
149	149	described in par. (d) 2., includes or 3., the unrecovered value of property that is
150	150	retired, including any demolition or similar cost that exceeds the salvage value of the
151	151	property.
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173	173	SECTION 3
174	174	SENATE BILL 651
175	175	2. “Environmental control cost" does not include any monetary penalty, fine,
176	176	or forfeiture assessed against an energy utility by a government agency or court
177	177	under a federal or state environmental statute, rule, or regulation.
178	178	SECTION 4. 196.027 (1) (f) 1. b. of the statutes is created to read:
179	179	196.027 (1) (f) 1. b. With respect to an environmental control activity described
180	180	in par. (d) 3., and subject to sub. (2) (b) 2. a., the portion of an energy utility's rate that
181	181	is attributable to the rate of return for the facility authorized under the commission's
182	182	order in a rate-making proceeding and that is forgone as a result of the retirement.
183	183	SECTION 5. 196.027 (3) (b) of the statutes is amended to read:
184	184	196.027 (3) (b) The commission may not order or otherwise directly or
185	185	indirectly require an energy utility to use environmental trust bonds to finance any
186	186	a project, addition, plant, facility, extension, capital improvement, environmental
187	187	control equipment, retirement, or any other expenditure, unless, except as provided
188	188	in sub. (2) (c), the energy utility has made an application under sub. (2) (a) to finance
189	189	such expenditure using environmental trust bonds. The commission may not refuse
190	190	to allow an energy utility to recover costs for environmental control activities in an
191	191	otherwise permissible fashion solely because of the potential availability of
192	192	environmental trust financing.
193	193	SECTION 6. 196.378 (2) (c) of the statutes is amended to read:
194	194	196.378 (2) (c) No later than April 15 annually, or another annual date specified
195	195	by the commission by rule, an electric provider shall submit a report to the
196	196	commission that identifies the electric provider's renewable energy percentage for
197	197	the previous year and describes the electric provider's compliance with par. (a) 2. and
198	198	the electric provider's implementation plans for future compliance. Reports under
199	199	this paragraph may include certifications from renewable energy suppliers
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226	226	SECTION 6 SENATE BILL 651
227	227	regarding the sources and amounts of renewable energy supplied to the electric
228	228	provider. The commission may specify the documentation that is required to be
229	229	included with reports submitted under this paragraph. The commission may require
230	230	that electric providers submit the reports in a proceeding, initiated by the
231	231	commission under this section relating to the implementation of s. 1.12, or in a
232	232	proceeding for preparing a strategic energy assessment an integrated resource and
233	233	reliability plan under s. 196.491 (2). No later than 90 days after the commission's
234	234	receipt of an electric provider's report, the commission shall inform the electric
235	235	provider whether the electric provider is in compliance with par. (a) 2.
236	236	SECTION 7. 196.491 (title) of the statutes is amended to read:
237	237	196.491 (title) Strategic energy assessment Integrated resource and
238	238	reliability planning; electric generating facilities and transmission lines;
239	239	natural gas lines.
240	240	SECTION 8. 196.491 (1) (b) of the statutes is amended to read:
241	241	196.491 (1) (b) “Commencement of construction" means site clearing,
242	242	excavation, placement of facilities or installations, or any other substantial action
243	243	adversely affecting the natural environment of the site, but does not mean borings
244	244	necessary to determine foundation conditions or other preconstruction monitoring
245	245	to establish background information related to site or environmental suitability.
246	246	SECTION 9. 196.491 (1) (fm) of the statutes is created to read:
247	247	196.491 (1) (fm) “Installation” means, unless the context requires otherwise,
248	248	a small electric generating facility, a large electric generating facility, or a
249	249	high-voltage transmission line.
250	250	SECTION 10. 196.491 (1) (s) of the statutes is created to read:
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278	278	SENATE BILL 651
279	279	196.491 (1) (s) “Small electric generating facility” means electric generating
280	280	equipment and associated facilities designed for nominal operation at a capacity of
281	281	at least 12 but less than 100 megawatts.
282	282	SECTION 11. 196.491 (2) (title) of the statutes is repealed and recreated to read:
283	283	196.491 (2) (title) INTEGRATED RESOURCE AND RELIABILITY PLANNING.
284	284	SECTION 12. 196.491 (2) (a) (intro.) of the statutes is repealed and recreated to
285	285	read:
286	286	196.491 (2) (a) (intro.) On or before July 1 of each even-numbered year, or such
287	287	biennial period as the commission may approve, each electric utility shall file its plan
288	288	with the commission and with those persons or agencies listed in par. (b). Such plans
289	289	may be appropriate portions of a single regional plan or may be prepared jointly by
290	290	2 or more electric utilities, and shall do all of the following:
291	291	SECTION 13. 196.491 (2) (a) 1. of the statutes is created to read:
292	292	196.491 (2) (a) 1. Describe the general location, size, and type of installations
293	293	that are expected to be owned or operated in whole or in part by the utility and the
294	294	construction of which is expected to commence during the next 10 years, or such
295	295	longer period as the commission deems necessary, and shall identify all existing
296	296	installations intended to be removed from service during the period or upon
297	297	completion of such construction.
298	298	SECTION 14. 196.491 (2) (a) 2. of the statutes is created to read:
299	299	196.491 (2) (a) 2. Identify practical alternatives to the general location, fuel
300	300	type, and method of generation of the proposed electric generating facilities, and set
301	301	forth in detail the reasons for selecting the proposed general location, fuel type, and
302	302	method of generation.
303	303	SECTION 15. 196.491 (2) (a) 3. of the statutes is amended to read:
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330	330	SECTION 15 SENATE BILL 651
331	331	196.491 (2) (a) 3. Identify and describe the location of proposed and alternative
332	332	sites for large electric generating facilities on which an electric utility plans to
333	333	commence construction within 3 years for which neither a certificate of public
334	334	convenience and necessity under sub. (3) nor a certificate under s. 196.49 has been
335	335	applied for but the commencement of whose construction is planned within 5 years,
336	336	or such longer period as the commission deems necessary, and indicate the impacts
337	337	of the proposed and alternative generating facilities on the environment and the
338	338	means by which potential adverse effects on such values will be avoided or
339	339	minimized.
340	340	SECTION 16. 196.491 (2) (a) 3g. of the statutes is repealed.
341	341	SECTION 17. 196.491 (2) (a) 3m. of the statutes is amended to read:
342	342	196.491 (2) (a) 3m. Identify and describe the location of tentative and
343	343	alternative routes for high-voltage transmission lines on which an electric utility
344	344	plans to commence construction within 3 years is intended to be commenced in the
345	345	next 5 years and indicate the effects of the transmission lines on the environment and
346	346	the means by which potential adverse effects will be avoided or minimized.
347	347	SECTION 18. 196.491 (2) (a) 3r. of the statutes is repealed.
348	348	SECTION 19. 196.491 (2) (a) 4. of the statutes is amended to read:
349	349	196.491 (2) (a) 4. Identify and describe Indicate in detail the projected demand
350	350	for electric energy over the next 5 years and the basis for determining the projected
351	351	demand, and assess whether the utility has sufficient electric capacity and energy
352	352	to make electric capacity and energy available to customers at a reasonable price
353	353	over that period.
354	354	SECTION 20. 196.491 (2) (a) 5. of the statutes is created to read:
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383	383	196.491 (2) (a) 5. Describe the electric utility's relationship to other electric
384	384	utilities and regional associations, power pools, and networks.
385	385	SECTION 21. 196.491 (2) (a) 6. of the statutes is created to read:
386	386	196.491 (2) (a) 6. Identify and describe all major research projects and
387	387	programs that will continue or commence in the next 5 years and set forth the
388	388	reasons for selecting specific areas for research.
389	389	SECTION 22. 196.491 (2) (a) 7. of the statutes is amended to read:
390	390	196.491 (2) (a) 7. Identify and describe activities existing and planned
391	391	programs and policies to discourage inefficient and excessive power use.
392	392	SECTION 23. 196.491 (2) (a) 8. of the statutes is created to read:
393	393	196.491 (2) (a) 8. Identify the total number of distributed generation facilities,
394	394	as defined in s. 196.496 (1), that are known to be located within the utility's service
395	395	territory and the total generation capacity, actual or projected, of those distributed
396	396	generation facilities.
397	397	SECTION 24. 196.491 (2) (a) 12. of the statutes is repealed.
398	398	SECTION 25. 196.491 (2) (a) 13. of the statutes is repealed.
399	399	SECTION 26. 196.491 (2) (a) 14. of the statutes is created to read:
400	400	196.491 (2) (a) 14. Provide any other information required by the commission.
401	401	SECTION 27. 196.491 (2) (ag) of the statutes is amended to read:
402	402	196.491 (2) (ag) The commission shall promulgate rules that establish
403	403	procedures and requirements for reporting information that is necessary for the
404	404	commission electric utilities to prepare strategic energy assessments integrated
405	405	resource and reliability plans under par. (a) and rules that identify any additional
406	406	information to be included in an integrated resource and reliability plan under par.
407	407	(a) 14.
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434	434	SECTION 28 SENATE BILL 651
435	435	SECTION 28. 196.491 (2) (b) (intro.) of the statutes is repealed and recreated to
436	436	read:
437	437	196.491 (2) (b) (intro.) A copy of each integrated resource and reliability plan
438	438	shall, at the time it is filed with the commission, also be filed with each of the
439	439	following:
440	440	SECTION 29. 196.491 (2) (b) 7. of the statutes is amended to read:
441	441	196.491 (2) (b) 7. The director or chairperson of each regional planning
442	442	commission constituted under s. 66.0309 which has jurisdiction over any area where
443	443	a facility an installation is proposed to be located or which requests a copy of such
444	444	plan.
445	445	SECTION 30. 196.491 (2) (b) 8. of the statutes is amended to read:
446	446	196.491 (2) (b) 8. The lower Wisconsin state riverway board if the draft plan
447	447	includes an assessment of the construction, modification, or relocation of a
448	448	high-voltage transmission line, as defined in s. 30.40 (3r), that is located in the lower
449	449	Wisconsin riverway as defined in s. 30.40 (15).
450	450	SECTION 31. 196.491 (2) (b) 10. of the statutes is repealed.
451	451	SECTION 32. 196.491 (2) (b) 11. of the statutes is created to read:
452	452	196.491 (2) (b) 11. Standing committees of the legislature with jurisdiction over
453	453	energy and utilities under s. 13.172 (3).
454	454	SECTION 33. 196.491 (2) (c) of the statutes is created to read:
455	455	196.491 (2) (c) The agencies receiving copies under par. (b) 1. to 8. shall review
456	456	the plans and submit their comments to the commission within 180 days after their
457	457	receipt of the plans. Comments shall include all of the following:
458	458	1. A description of any statutory permits or approvals required by the agency.
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485	485	SECTION 33
486	486	SENATE BILL 651
487	487	2. A description of the types and forms of information required for adequate
488	488	review of an application for each permit or approval.
489	489	3. A detailed discussion as to the areas in which the plans coordinate with the
490	490	agency's plans, policies, functions, and programs and the areas in which the plans
491	491	conflict and the significance of such conflicts.
492	492	4. To the extent practicable and consistent with its program responsibilities,
493	493	a discussion of the environmental impacts of the plan.
494	494	SECTION 34. 196.491 (2) (d) of the statutes is created to read:
495	495	196.491 (2) (d) The commission shall, within 10 days after the plan is filed, send
496	496	a copy of such plan, or the applicable portion thereof, to the county planner or, if none
497	497	exists, to the county clerk of each county affected by the plan, to the main public
498	498	library of each such county, and to any other county planner, county clerk, or public
499	499	library that requests copies of the plan or portions of the plan. The commission shall
500	500	send a copy of the applicable portion of the plan to the clerk of each municipality and
501	501	town in which a small or large electric generating facility is proposed to be located,
502	502	and shall notify each public library in such municipality or town that copies of the
503	503	plan are available upon request.
504	504	SECTION 35. 196.491 (2) (e) of the statutes is amended to read:
505	505	196.491 (2) (e) Any state agency, as defined in s. 16.310 (1), county,
506	506	municipality, town, or person may submit written comments on any plan to the
507	507	commission on a strategic energy assessment within 90 180 days after copies of the
508	508	draft are issued under par. (b) the plan is filed.
509	509	SECTION 36. 196.491 (2) (f) of the statutes is amended to read:
510	510	196.491 (2) (f) Section 1.11 (2) (c) shall not apply to a strategic energy
511	511	assessment an integrated resource and reliability plan prepared under par. (a).
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538	538	SECTION 37 SENATE BILL 651
539	539	SECTION 37. 196.491 (2) (g) of the statutes is amended to read:
540	540	196.491 (2) (g) No sooner than 30 and no later than 90 Within 180 days after
541	541	copies of the draft are issued a plan is filed under par. (b), the commission shall hold
542	542	a hearing on the draft which may not be a hearing under s. 227.42 or 227.44 on the
543	543	plan. The hearing shall be held in an administrative district, established by
544	544	executive order 22, issued August 24, 1970, which the commission determines will
545	545	be significantly affected by facilities on which an electric utility plans to commence
546	546	construction within installations proposed in the plan to be constructed in the
547	547	following 3 years. The commission may thereafter adjourn the hearing to other
548	548	locations or may conduct the hearing by interactive video conference or other
549	549	electronic method. Notice of such hearing shall be given by class 1 notice, under ch.
550	550	985, published in the official state newspaper and such other regional papers of
551	551	general circulation as may be designated by the commission. At such hearing the
552	552	commission shall briefly describe the strategic energy assessment plan and give all
553	553	interested persons an opportunity, subject to reasonable limitations on the
554	554	presentation of repetitious material, to express their views on any aspect of the
555	555	strategic energy assessment plan. A record of the hearing shall be made and
556	556	considered by the commission as comments on the strategic energy assessment plan
557	557	under par. (e). The electric utility, any agency, county, municipality, or town, or any
558	558	person whose substantial rights may be adversely affected by the testing for or
559	559	construction of installations described in an integrated resource and reliability plan
560	560	shall, upon filing written notice setting forth its interest at least 10 days in
561	561	integrated resource and reliability, be afforded all the rights of a party in a contested
562	562	case.
563	563	SECTION 38. 196.491 (2) (gm) of the statutes is repealed.
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591	591	SECTION 39
592	592	SENATE BILL 651
593	593	SECTION 39. 196.491 (2) (i) of the statutes is created to read:
594	594	196.491 (2) (i) A plan shall be approved if, based upon the record of the hearing
595	595	and the written comments submitted under pars. (c) and (e), the commission
596	596	determines that the plan meets all of the following conditions:
597	597	1. Provides for a reasonably adequate supply of electrical energy to meet the
598	598	needs of the public during the planning period.
599	599	2. Is in the public interest when considering engineering, economic, health,
600	600	safety, reliability, efficiency, and environmental factors and alternate methods of
601	601	generation or sources of supply.
602	602	3. Is reasonably coordinated with long-range plans and policies of other state
603	603	agencies or that a reasonable effort has been made to coordinate with such plans and
604	604	policies.
605	605	4. Provides for programs that discourage inefficient and excessive power use.
606	606	SECTION 40. 196.491 (2) (j) of the statutes is created to read:
607	607	196.491 (2) (j) If any portion of a plan does not meet the criteria under par. (i),
608	608	the commission shall disapprove the plan or portion thereof, or approve them subject
609	609	to such modifications as may be necessary to meet those criteria.
610	610	SECTION 41. 196.491 (2) (jm) of the statutes is created to read:
611	611	196.491 (2) (jm) The commission shall either approve or disapprove each plan
612	612	within 18 months after it is filed.
613	613	SECTION 42. 196.491 (2) (k) of the statutes is created to read:
614	614	196.491 (2) (k) Any portion of a plan that is not approved may be resubmitted
615	615	by the electric utility after entry of the order of disapproval and, if resubmitted, shall
616	616	be reviewed under this subsection in the same manner as a new integrated resource
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642	642	SECTION 42 SENATE BILL 651
643	643	and reliability plan, except that the commission may reduce the time for comments
644	644	thereon to not less than 30 days.
645	645	SECTION 43. 196.491 (2) (km) of the statutes is created to read:
646	646	196.491 (2) (km) An electric utility may file an amendment to a previously
647	647	approved plan with the commission at any time. The commission may grant review
648	648	and approval under pars. (b) to (L) and may reduce the time for comments thereon
649	649	to not less than 30 days.
650	650	SECTION 44. 196.491 (2) (L) of the statutes is created to read:
651	651	196.491 (2) (L) After a plan has been approved, the commission may limit the
652	652	scope of the issues upon review of a subsequent plan to those directly related to
653	653	material changes.
654	654	SECTION 45. 196.491 (2) (m) of the statutes is created to read:
655	655	196.491 (2) (m) Any major contract relating to an installation for which neither
656	656	a certificate of public convenience and necessity under sub. (3) nor a certificate under
657	657	s. 196.49 has been applied for, other than a contract relating to acquisition of real
658	658	property, shall be reported in writing to the commission, indicating the general
659	659	nature and amount of that commitment, within 30 days after it has been entered
660	660	into.
661	661	SECTION 46. 196.491 (2r) of the statutes is amended to read:
662	662	196.491 (2r) LOCAL ORDINANCES. No local ordinance may prohibit or restrict
663	663	testing activities undertaken by an electric utility for purposes of preparing
664	664	integrated resource and reliability plans or determining the suitability of a site for
665	665	the placement of a facility an installation. Any local unit of government objecting
666	666	to such testing may petition the commission to impose reasonable restrictions on
667	667	such activity.
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695	695	SECTION 47
696	696	SENATE BILL 651
697	697	SECTION 47. 196.491 (3) (dm) of the statutes is amended to read:
698	698	196.491 (3) (dm) In making a determination required under par. (d), the
699	699	commission may not consider a factual conclusion in a strategic energy assessment
700	700	an integrated resource and reliability plan unless the conclusion is independently
701	701	corroborated in the hearing under par. (b).
702	702	SECTION 48. 196.491 (5m) of the statutes is created to read:
703	703	196.491 (5m) CLOSURE OF LARGE ELECTRIC GENERATING FACILITIES. (a) No electric
704	704	utility may permanently close a large electric generating facility unless the electric
705	705	utility submits notice of the closure to the commission no less than 180 days prior to
706	706	the planned closure.
707	707	(b) After receiving the notice under par. (a), the commission shall allow
708	708	interested parties 30 days to make comments and shall hold a hearing on the effect
709	709	of the proposed closure on electric reliability.
710	710	(c) After holding the hearing and after expiration of the public comment period
711	711	under par. (b), the commission shall make a determination as to whether the
712	712	proposed closure under par. (a) will have an impact on reliability of electric service.
713	713	In making this determination, the commission shall consider the electric utility's
714	714	most recent integrated resources and reliability plan under sub. (2), any information
715	715	the commission collected from the electric utility, information provided during the
716	716	public hearing and public comment period, and any other information the
717	717	commission deems relevant.
718	718	(d) The commission shall notify the electric utility of its determination as to
719	719	whether the proposed closure under par. (a) will have an impact on reliability of
720	720	electric service no less than 45 days prior to the planned closure.
721	721	SECTION 49. 196.795 (7) (a) 1. b. of the statutes is amended to read:
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748	748	SECTION 49 SENATE BILL 651
749	749	196.795 (7) (a) 1. b. Any public utility or member of a cooperative association
750	750	organized under ch. 185 which reports or has reported information to the commission
751	751	under the rules promulgated files or has filed an integrated resource and reliability
752	752	plan under s. 196.491 (2) (ag).
753	753	(END)
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