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2. The public service commission may bill a complainant for any expense of the commission attributable to a proceeding under par. (a) as follows:
a. If the commission determines in the proceeding that the rates, rules, or practices that are the subject of the complaint are not unreasonable, unjustly discriminatory, or inadequate, the commission may require the complainant to pay all or a portion, as determined by the commission, of the expenses.
b. If the commission terminates the proceeding before making a final determination, the commission may require the municipality and complainant to each pay 50 percent of the expenses or a different allocation of the expenses agreed to by the municipality and complainant.
3. The public service commission shall mail a complainant a bill for any expense the commission requires the complainant to pay under subd. 2. The bill constitutes demand for payment. Within 30 days after the mailing of the bill, the complainant shall pay to the commission the amount billed. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (1) (g).
299,36 Section 36. 196.372 of the statutes is repealed.
299,37 Section 37. 196.374 (3) (b) 2. of the statutes is amended to read:
196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues derived from retail sales to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under subd. 4., of the costs incurred by the commission in administering this section.
299,37c Section 37c. 196.49 (5g) (a) (intro.) of the statutes is renumbered 196.49 (5g) (ar) (intro.) and amended to read:
196.49 (5g) (ar) (intro.) A public utility is exempt from the requirement to obtain a certification or approval of the commission under sub. (2) or (3) before beginning a proposed project if the any of the following applies:
1m. The estimated gross cost of the proposed project is not more than one of the following cost thresholds:
299,37g Section 37g. 196.49 (5g) (a) 1. to 5. of the statutes are renumbered 196.49 (5g) (ar) 1m. a. to e.
299,37n Section 37n. 196.49 (5g) (ag) of the statutes is created to read:
196.49 (5g) (ag) In this subsection, "rebuild" means the replacement of all or part of an existing electric transmission line and associated facilities to increase the line's capacity to carry current at the same voltage, including conductors, insulators, transformers, or structures.
299,37r Section 37r. 196.49 (5g) (ar) 2m. of the statutes is created to read:
196.49 (5g) (ar) 2m. The project is a rebuild and all of the following apply:
a. The existing electric transmission line and associated facilities are designed for operation at a nominal voltage of less than 345 kilovolts.
b. The centerline of the rebuilt electric transmission line is located within 60 feet on either side of the centerline of an existing electric transmission line operating at a nominal voltage of 69 kilovolts or more. In this subd. 2m. b., "centerline" has the meaning given in s. 196.491 (4) (c) 1e.
c. The project requires the acquisition in total of one-half mile or less of rights-of-way from landowners from which rights-of-way were not required to be acquired for the existing electric transmission line specified in subd. 2m. b.
d. The project will not have undue adverse environmental impacts on any new rights-of-way required for the rebuild.
299,37w Section 37w. 196.49 (5g) (b) of the statutes is amended to read:
196.49 (5g) (b) Beginning on May 1, 2014, and on May 1 of each successive even-numbered year thereafter, the commission shall adjust the cost thresholds specified in par. (a) (ar) 1m. to reflect changes to the cost of utility construction based on the applicable industry cost index numbers published in the Handy-Whitman Index of Public Utility Construction Costs, or an equivalent successor index, and publicize the adjusted cost thresholds on the commission's Web site.
299,38 Section 38. 196.52 (3) (d) 2. of the statutes is amended to read:
196.52 (3) (d) 2. If a hearing is not held on an application under this subsection, the commission shall take final action on the application within 90 days after the commission issues a notice opening a docket on the application. The chairperson of the commission may extend the time period for an additional 90 days for good cause. If the commission fails to take final action within the initial 90-day period, or the extended 90-day time period, the commission is considered to have approved the application.
299,40 Section 40. 196.85 (1m) (f) of the statutes is created to read:
196.85 (1m) (f) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in proceedings under s. 32.02 (13), the term "public utility" includes a business entity specified in s. 32.02 (13).
299,41 Section 41. 196.975 of the statutes is repealed.
299,42 Section 42. 200.59 (5) (d) of the statutes is amended to read:
200.59 (5) (d) Notwithstanding the statutes referenced in par. (a) governing a proceeding under par. (a), s. 66.0821 (5) (e) applies to the public service commission shall allocate commission's allocation of its assessment under s. 196.85 (1) for any expense of the public service commission for a proceeding under par. (a) that is initiated under s. 281.49 (11) (d) as specified in s. 66.0821 (5) (e).
299,43 Section 43. 285.41 (3) of the statutes is repealed.
299,44 Section 44. 285.41 (4) (a) of the statutes is amended to read:
285.41 (4) (a) Request; variance conditions. A major utility may request a variance from the emission rate under sub. (2) (a) by submitting the request to the commission and the department. No request for a variance may be submitted if the department has served the major utility with written notice under s. 285.83 that the major utility has violated sub. (2) (a). Upon receipt of a request, the commission department shall, within 45 days, determine if any of the following variance conditions exists and shall report its determination to the department:
299,45 Section 45. 285.41 (4) (a) 4. of the statutes is amended to read:
285.41 (4) (a) 4. The occurrence of an uncontrollable event not anticipated in the plan submitted under sub. (3).
299,46 Section 46. 285.41 (4) (c) of the statutes is amended to read:
285.41 (4) (c) Grant of variance. The department shall grant a request for a variance if the commission department determines that a variance condition exists and the department determines that the major utility's compliance plan is adequate.
299,47 Section 47. 285.41 (4) (d) of the statutes is amended to read:
285.41 (4) (d) Denial of variance. The department shall deny a request for a variance if the commission department determines that no variance condition exists or if the department determines that the major utility's compliance plan is not adequate.
299,48 Section 48. 285.45 (3) of the statutes is repealed.
299,49 Section 49. Initial applicability.
(1) Assessments. The treatment of sections 66.0821 (5) (a), (e) (intro.), 2., 3., and 4., and (f) and 196.85 (1m) (f) of the statutes first applies to proceedings initiated on the effective date of this subsection.
(2) Affiliated interest contracts. The treatment of section 196.52 (3) (d) 2. of the statutes first applies to applications filed on the effective date of this subsection.
299,50 Section 50. Effective dates. This act takes effect on the day after publication, except as follows:
(1) The treatment of section 196.374 (3) (b) 2. of the statutes takes effect on January 1, 2016, or on the first day of the 3rd month beginning after publication, whichever is earlier.
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