AB885,4,73 196.025 (1) (ar) Except as provided in pars. (b) to (d), to the extent
4cost-effective, technically feasible and environmentally sound, the commission shall
5implement the priorities under s. 1.12 (4) in making all energy-related decisions and
6orders, including strategic energy assessment plan, rate setting and rule-making
7orders.

AB885,4,159 196.03 (7) The commission may not authorize a public utility to recover in rates
10charged to customers any costs associated with a facility, as defined in s. 196.491 (1)
11(e), or a power purchase contract unless the commission has previously identified the
12facility or power purchase contract in a strategic energy plan under s. 196.491 (2) (ac)
131. or 11. This subsection does not apply if the public utility demonstrates to the
14satisfaction of the commission that an unforeseen emergency has prevented the
15previous identification of the facility or power purchase contract.

AB885,5,1217 196.378 (2) (c) No later than April 15 annually, or another annual date specified
18by the commission by rule, an electric provider shall submit a report to the
19commission that identifies the electric provider's renewable energy percentage for

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1the previous year and describes the electric provider's compliance with par. (a) 2. and
2the electric provider's implementation plans for future compliance. Reports under
3this paragraph may include certifications from renewable energy suppliers
4regarding the sources and amounts of renewable energy supplied to the electric
5provider. The commission may specify the documentation that is required to be
6included with reports submitted under this paragraph. The commission may require
7that electric providers submit the reports in a proceeding, initiated by the
8commission under this section relating to the implementation of s. 1.12, or in a
9proceeding for preparing a strategic energy assessment plan under s. 196.491 (2).
10No later than 90 days after the commission's receipt of an electric provider's report,
11the commission shall inform the electric provider whether the electric provider is in
12compliance with par. (a) 2.

AB885,5,15 14196.491 (title) Strategic energy assessment plan; electric generating
15facilities and transmission lines.

AB885,5,2117 196.491 (1) (d) "Electric utility" means any public utility, as defined in s.
18196.01, which is involved in the generation, distribution and sale of electric energy,
19and any corporation, company, individual or association, and any cooperative
20association, which owns or operates, or plans within the next 3 5 or 10 years to
21construct, own or operate, facilities in the state.

AB885,5,2323 196.491 (2) (title) Strategic energy assessment plan.

AB885,6,4

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1196.491 (2) (a) The commission shall prepare a an annual or biennial strategic
2energy assessment plan that evaluates the adequacy and reliability of the state's
3current and future electrical supply. The strategic energy assessment shall do all of
4the following: and the state's future electrical supply over the next 5 and 10 years.

AB885,6,97 196.491 (2) (ac) 1. Identify and describe the large electric generating facilities
8and high-voltage transmission lines on which an each electric utility plans to
9commence construction within 3 years during the 5-year period.

AB885,6,1715 196.491 (2) (ac) (intro.) In evaluating the state's future electrical supply over
16the next 5 years, the commission shall do each of the following in a plan under par.
17(a):

AB885,6,2019 196.491 (2) (ac) 3e. Identify and describe wholesale merchant plants on which
20any person plans to commence construction within the 5-year period.

AB885,6,2322 196.491 (2) (ac) 11. Identify and describe the power purchase contracts that
23each electric utility proposes to enter into during the 5-year period.

AB885,6,2524 12. Explain how each electric utility will satisfy reliability needs at the least
25cost.

AB885,7,4

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113. Identify the specific resources and facilities that each electric utility will use
2to satisfy system load and reserve requirements. A resource or facility may not be
3identified unless it is consistent with the mix of resources and facilities determined
4by the commission in par. (ae) 6.

AB885,7,75 14. Identify the reasonable needs of the public for an adequate supply of electric
6energy that an electric utility must show for purposes of satisfying subs. (3) (d) 2. and
7(3i).

AB885,7,119 196.491 (2) (ae) In evaluating the state's future electrical supply over the next
1010 years, the commission shall perform the acts described in par. (ac) 3m. to 10. and
11do each of the following in a plan under par. (a):

AB885,7,1512 1. Identify and describe large electric generating facilities and high-voltage
13transmission lines, other than those facilities and lines identified and described
14under par. (ac) 1., on which each electric generating facility plans to commence
15construction during the 10-year period.

AB885,7,1816 2. Identify and describe wholesale merchant plants, other than those plants
17identified and described under par. (ac) 3e., on which any person plans to commence
18construction within the 10-year period.

AB885,7,2019 3. Evaluate the projected trends for generation, transmission, load, and
20conservation.

AB885,7,2121 4. Forecast the performance of electricity markets.

AB885,8,222 5. Evaluate the economic impacts, projected costs, including costs of
23externalities, and environmental impacts of the facilities identified in subds. 1. and
242. and par. (ac) 1. and 3e., the current system for supplying electricity, and
25alternatives to that system. In evaluating economic impacts, the commission shall

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1consider the impacts in this state of obtaining fuels and purchasing electric power
2from out-of-state sources.

AB885,8,93 6. Determine the mix of resources and facilities that is necessary to satisfy the
4projected demand for electricity, as well as the timing for initiating the utilization of
5those resources and facilities. In making this determination, the commission shall
6consider renewable and nonrenewable resources and traditional and nontraditional
7sources of electric generation. The commission shall also consider alternatives to
8electric generation, including investments in energy conservation to the maximum
9extent that is reasonable.

AB885,8,1311 196.491 (2) (ag) The commission shall promulgate rules that establish
12procedures and requirements for reporting information that is necessary for the
13commission to prepare strategic energy assessments plans under par. (a).

AB885,8,1915 196.491 (2) (b) (intro.) On or before July 1, 2000, and on or before July 1 of each
16even-numbered year thereafter No later than July 1 of the year in which the
17commission prepares a strategic energy plan under par. (a), the commission shall
18issue a draft of the biennial strategic energy assessment that it prepares under par.
19(a) plan to each of the following:

AB885,8,2221 196.491 (2) (b) 10. The clerk of each city, village, town and county that, as
22determined by the commission, is affected by the assessment plan.

AB885,9,224 196.491 (2) (e) Any state agency, as defined in s. 560.9810 (1), county,
25municipality, town or person may submit written comments to the commission on a

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1strategic energy assessment plan within 90 days after copies of the draft are issued
2under par. (b).

AB885,9,94 196.491 (2) (f) Section 1.11 (2) (c) shall not apply to a strategic energy
5assessment plan prepared under par. (a) but the commission shall prepare a single
6environmental assessment on the strategic energy assessment plan, which shall
7include a discussion of generic issues and environmental impacts. The commission
8shall make the environmental assessment available to the public at least 30 days
9prior to the hearing under par. (g).

AB885,9,2510 (g) No sooner than 30 and no later than 90 days after copies of the draft are
11issued under par. (b), the commission shall hold a hearing on the draft which may
12not be a hearing under s. 227.42 or 227.44. The hearing shall be held in an
13administrative district, established by executive order 22, issued August 24, 1970,
14which the commission determines will be significantly affected by facilities on which
15an electric utility plans to commence construction within 3 5 years. The commission
16may thereafter adjourn the hearing to other locations or may conduct the hearing by
17interactive video conference or other electronic method. Notice of such hearing shall
18be given by class 1 notice, under ch. 985, published in the official state newspaper
19and such other regional papers of general circulation as may be designated by the
20commission. At such hearing the commission shall briefly describe the strategic
21energy assessment plan and give all interested persons an opportunity, subject to
22reasonable limitations on the presentation of repetitious material, to express their
23views on any aspect of the strategic energy assessment plan. A record of the hearing
24shall be made and considered by the commission as comments on the strategic energy
25assessment plan under par. (e).

AB885,10,5

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1(gm) Based on comments received on a draft, the commission shall prepare a
2final strategic energy assessment plan within 90 days after a hearing under par. (g).
3The commission shall provide copies of the final strategic energy assessment plan to
4any state agency, county, municipality, town or other person who submitted
5comments on the draft under par. (e) and to the persons specified in par. (b).

AB885,10,97 196.491 (3) (d) 2. The proposed facility satisfies the reasonable needs of the
8public for an adequate supply of electric energy. This subdivision does not apply to
9a wholesale merchant plant need identified under sub. (2) (ac) 14.

AB885,10,1311 196.491 (3) (d) 3g. The proposed facility does not have higher costs or greater
12environmental impacts than those for other facilities evaluated under sub. (2) (ae)
135. in the strategic energy plan most recently prepared by the commission.

AB885,10,1815 196.491 (3) (dm) In making a determination required under par. (d), except for
16a determination under par. (d) 2. or 3g., the commission may not consider a factual
17conclusion in a strategic energy assessment plan unless the conclusion is
18independently corroborated in the hearing under par. (b).

AB885,11,520 196.491 (3) (g) The commission shall take final action on an application filed
21under par. (a) 1. within 180 360 days after the application is determined or
22considered to be complete under par. (a) 2. If the commission fails to take final action
23within the 180-day period, the commission is considered to have issued a certificate
24of public convenience and necessity with respect to the application, unless the
25commission, within the 180-day period, petitions the circuit court for Dane County

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1for an extension of time for taking final action on the application and the court grants
2an extension. Upon a showing of good cause, the court may extend the 180-day
3period for no more than an additional 180 days . If the commission fails to take final
4action within the extended period, the commission is considered to have issued a
5certificate of public convenience and necessity with respect to the application.

AB885,11,107 196.491 (3i) Power purchase contracts. (a) In this subsection, "electric
8utility" does not include a public utility that is a city, village, or town or is wholly
9owned or operated by a city, village or town; a municipal electric company, as defined
10in s. 66.0825 (3) (d); or a cooperative association.

AB885,11,1611 (b) An electric utility may not enter into a contract for the purchase of electric
12power without the prior approval of the commission. The commission shall
13promulgate rules establishing requirements and procedures for applying for such
14approval. The commission may not approve such a contract unless the contract
15satisfies the need identified under sub. (2) (ac) 14. in the strategic energy plan most
16recently prepared by the commission under sub. (2) (a).