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Settlements in PSC dockets
The bill creates requirements regarding settlements in PSC “dockets,” which
the bill defines as investigations, proceedings, or other matters opened by a vote of
the PSC, except for rule making. The bill allows parties to a docket to agree upon
some or all of the facts, which must be evidenced by a written stipulation and filed
with the PSC or entered upon the record. The bill also allows the parties to agree
upon a resolution of some or all of the issues. If some of the parties propose a written
settlement agreement, those parties must submit the agreement and relevant
documents to the PSC and serve a copy of the agreement on all parties to the docket.
If not all parties support the proposed settlement agreement, the settling parties
must convene at least one conference for all parties to discuss the proposed
settlement agreement, except that a nonsettling party may waive its right to the
conference. Within 30 days of service of a proposed settlement agreement, each party

must make a written response that consists of the party's agreement, objection, or
nonobjection to the settlement agreement. A party must serve its response on all
parties. If a party objects to a settlement agreement, the party must state its
objections with particularity and specify how the party would be adversely affected
by the agreement. If a party fails to respond within the 30-day deadline, the failure
is considered a nonobjection, unless the PSC for good cause sets a different time for
response.
The bill allows the PSC to approve a settlement agreement if all of the following
conditions are met. First, each party that responded with an objection or
nonobjection to the agreement or that failed to respond must have been given a
reasonable opportunity to present evidence and arguments in opposition to the
settlement agreement. Second, the PSC must find that the public interest is
adequately represented by the parties who entered into the agreement. Finally, the
PSC must find that the settlement agreement represents a fair and reasonable
resolution to the docket, is supported by substantial evidence on the record as a
whole, and complies with applicable law, including that any rates resulting from the
settlement agreement are just and reasonable. The bill also allows the PSC to
approve a settlement agreement in whole or in part and with conditions deemed
necessary by the PSC. If a settlement agreement does not resolve all of the issues
in the docket, the bill requires the PSC to decide the remaining issues in accordance
with applicable law and procedure.
construction site erosion control and storm water
management
The bill affects the treatment under a county construction site erosion control
and storm water management zoning ordinance of the construction or maintenance
of a facility, defined in the bill as property or equipment used for the transmission,
delivery, or furnishing of natural gas, heat, light, or power and owned by a public
utility or cooperative association organized for the purpose of producing or
furnishing heat, light, or power to its members only. Under the bill, the construction
and maintenance of a facility is considered to satisfy such a zoning ordinance if the
Department of Natural Resources has issued all required navigable water, water and
sewage, and pollution discharge permits or approvals authorizing the construction
or maintenance or, if no such permits or approvals are required, if the construction
and maintenance is conducted in a manner that employs best management practices
to infiltrate or otherwise control storm water runoff from that infrastructure. Under
current law, the construction and maintenance of a facility with these permits or
approvals is considered to satisfy a county's shoreland zoning ordinance.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB532,1
1Section 1. 16.95 (12) of the statutes is renumbered 196.025 (7) (a) 3.
AB532,2 2Section 2. 16.955 of the statutes is renumbered 196.029, and 196.029 (1), (3)
3(a), (b) and (c) and (4) (a), (b) and (d), as renumbered, are amended to read:
AB532,7,214 196.029 (1) Information. If the governor determines that a disruption of
5energy supplies poses a serious risk to the economic well-being, health or welfare of
6the citizens of this state, the governor may issue an order declaring an energy alert.
7Upon declaration of an energy alert by the governor, the department commission
8may issue general or special orders, as defined in s. 101.01 (7), or promulgate
9emergency rules under ch. 227 to compel disclosure of information required for
10purposes of this section. Any person, or agent of the person, who produces, imports
11or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who
12is subject to an emergency rule or general or special order of the department
13commission within reasonable time limits specified in the order shall file or furnish
14such reports, information, data, copies of extracts of originals as the department
15commission deems necessary relating to existing and future energy supplies,
16including but not limited to record of sales in years for 1970 and thereafter, storage
17capacity, supplies on hand and anticipated supplies, and anticipated demand. To the
18extent that the reports and data requested by the department commission are
19presently available from other state or federal agencies, the department commission
20shall coordinate its data reporting requirements with the agencies to avoid
21duplication of reporting.
AB532,8,2 22(3) (a) Any person, or agent of a person, who produces, imports or sells, coal or
23other forms of fuel, other than electricity, natural gas or wood, who fails to provide
24information requested by the department commission at the time and in the manner
25specified by the department commission shall forfeit an amount not to exceed $1,000.

1Each day the violation of this section continues from the day notice has been received
2constitutes a separate offense.
AB532,8,63 (b) Upon request of the department commission, the attorney general or the
4district attorney of the proper county may aid in any investigation, enforce any
5request of the department commission for information under this section or seek
6forfeitures for violations of this section.
AB532,8,107 (c) Upon request of the department commission, the attorney general or the
8district attorney of the proper county may apply to any court of competent
9jurisdiction for a temporary or permanent injunction restraining any person from
10violating this section.
AB532,8,13 11(4) (a) The department commission or any of its authorized agents may, in
12relation to any matter arising under this section, conduct hearings, administer
13oaths, issue subpoenas and take testimony.
AB532,8,2014 (b) The witnesses subpoenaed by the department commission or its agent and
15officers who serve subpoenas shall be entitled to the fees allowed in courts of record.
16The fees shall be audited and paid by the state in the same manner as other expenses
17of the department commission are audited and paid. No witness subpoenaed at the
18instance of any party other than the department commission is entitled to payment
19of fees by the state, unless the department commission certifies that the testimony
20of the witness was material.
AB532,8,2221 (d) A record of all hearings shall be kept by the department commission. All
22hearings shall be public.
AB532,3 23Section 3. 26.03 (1v) (b) of the statutes is amended to read:
AB532,8,2524 26.03 (1v) (b) An electric cooperative, as defined in s. 196.025 (5) (ag) 101.80
25(1g)
.
AB532,4
1Section 4. 59.693 (11) of the statutes is created to read:
AB532,9,62 59.693 (11) Utility facilities. (a) In this subsection, “facility" means any
3property or equipment of a public utility, as defined in s. 196.01 (5), or a cooperative
4association organized under ch. 185 for the purpose of producing or furnishing heat,
5light, or power to its members only, that is used for the transmission, delivery, or
6furnishing of natural gas, heat, light, or power.
AB532,9,97 (b) The construction and maintenance of a facility is considered to satisfy the
8requirements of this section and any county ordinance enacted under this section if
9any of the following applies:
AB532,9,1110 1. The department has issued all required permits or approvals authorizing the
11construction or maintenance under ch. 30, 31, 281, or 283.
AB532,9,1512 2. No department permit or approval under subd. 1. is required for the
13construction or maintenance and the construction or maintenance is conducted in a
14manner that employs best management practices to infiltrate or otherwise control
15storm water runoff from the facility.
AB532,5 16Section 5. 101.80 (1g) of the statutes is amended to read:
AB532,9,2017 101.80 (1g) “Electric cooperative" has the meaning given in s. 196.025 (5) (ag)
18means a cooperative association organized under ch. 185 for the purpose of
19generating, distributing, or furnishing electric energy at retail or wholesale to its
20members only
.
AB532,6 21Section 6. 182.0175 (1) (ab) of the statutes is created to read:
AB532,9,2222 182.0175 (1) (ab) “Commission” means the public service commission.
AB532,7 23Section 7. 182.0175 (1) (ac) of the statutes is created to read:
AB532,9,2524 182.0175 (1) (ac) “Complainant” means a person who files a complaint under
25sub. (3) (bg) 1. or 2.
AB532,8
1Section 8. 182.0175 (1) (ag) of the statutes is created to read:
AB532,10,32 182.0175 (1) (ag) “Damage prevention fund" means the fund established under
3sub. (1m) (d) 11.
AB532,9 4Section 9. 182.0175 (1) (bq) of the statutes is created to read:
AB532,10,65 182.0175 (1) (bq) “One-call system" means the system established under sub.
6(1m) (a).
AB532,10 7Section 10. 182.0175 (1) (br) of the statutes is created to read:
AB532,10,88 182.0175 (1) (br) “Panel" means the panel appointed under sub. (1m) (d) 8.
AB532,11 9Section 11. 182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).
AB532,12 10Section 12. 182.0175 (1) (bv) of the statutes is renumbered 182.0175 (1) (bx).
AB532,13 11Section 13. 182.0175 (1) (bw) of the statutes is created to read:
AB532,10,1212 182.0175 (1) (bw) “Political subdivision” means a city, village, town, or county.
AB532,14 13Section 14. 182.0175 (1) (by) of the statutes is created to read:
AB532,10,1614 182.0175 (1) (by) “Respondent” means a person or a person's agent who is
15alleged in a complaint filed under sub. (3) (bg) 1. or 2. to have violated or aided in the
16violation of this section.
AB532,15 17Section 15. 182.0175 (1) (bz) of the statutes is created to read:
AB532,10,1818 182.0175 (1) (bz) “State agency” has the meaning given in s. 16.004 (12) (a).
AB532,16 19Section 16. 182.0175 (1m) (d) 8. to 12. of the statutes are created to read:
AB532,10,2120 182.0175 (1m) (d) 8. Appoint a panel consisting of the following 7 members to
21carry out the duties specified in sub. (3) (bg) and (br):
AB532,10,2222 a. Two transmission facility owners.
AB532,10,2323 b. Two excavators.
AB532,10,2424 c. One employee of the operational center established under par. (a).
AB532,10,2525 d. One member who represents the interests of a political subdivision.
AB532,11,1
1e. One person employed as an underground line locator.
AB532,11,32 9. Establish policies, procedures, and forms as necessary to implement the
3requirements under sub. (3) (bg) and (br).
AB532,11,54 10. Provide for the production and administration of the educational course
5under sub. (3) (br) 4.
AB532,11,76 11. Establish and maintain a damage prevention fund consisting of fees under
7sub. (3) (br) 4. and (c) 5. and surcharges under sub. (3) (d) 2.
AB532,11,118 12. Use the damage prevention fund at the one-call system's discretion to pay
9the cost of producing and administering the educational course under sub. (3) (br) 4.
10or providing for public outreach and underground utility damage prevention
11awareness programs.
AB532,17 12Section 17. 182.0175 (2) (am) (title) of the statutes is amended to read:
AB532,11,1313 182.0175 (2) (am) (title) Excavation notice and other duties.
AB532,18 14Section 18. 182.0175 (2) (am) 3. of the statutes is renumbered 182.0175 (2) (as)
151. and amended to read:
AB532,11,2116 182.0175 (2) (as) 1. Maintain An excavator shall maintain an estimated
17minimum clearance of 18 inches between a marking for an unexposed underground
18transmission facility that is marked under sub. (2m) and the cutting edge or point
19of any power-operated excavating or earth moving earthmoving equipment, except
20as is necessary at the beginning of the excavation process to penetrate and remove
21the surface layer of pavement.
AB532,11,25 222. When the an underground transmission facility becomes exposed or if the
23a transmission facility is already exposed, the excavator may reduce the clearance
24to 2 times the known limit of control of the cutting edge or point of the equipment or
2512 inches, whichever is greater.
AB532,19
1Section 19. 182.0175 (2) (am) 7. of the statutes is amended to read:
AB532,12,62 182.0175 (2) (am) 7. Immediately notify the owner of a transmission facility if
3an inspection reveals that the transmission facility has been or may have been
4struck, damaged, dislocated, or disrupted and, if flammable, toxic, or corrosive gas
5or liquid has escaped that may endanger life, cause bodily harm, or result in damage
6to property, promptly make a report to the 911 emergency telephone number
.
AB532,20 7Section 20. 182.0175 (2) (as) (title) of the statutes is created to read:
AB532,12,88 182.0175 (2) (as) (title) Minimum clearance.
AB532,21 9Section 21. 182.0175 (2) (as) 3. of the statutes is created to read:
AB532,12,1610 182.0175 (2) (as) 3. For parallel-type excavations within 18 inches of an
11underground transmission facility marked under sub. (2m), an excavator shall
12comply with generally accepted excavation practices, including the requirements
13under subd. 1., and shall visually identify the underground transmission facility by
14digging test holes at intervals not to exceed 50 feet along the line of excavation to
15avoid damages. An excavator shall exercise due care at all times to protect
16underground transmission facilities when exposing those facilities.
AB532,22 17Section 22. 182.0175 (2) (bm) (title) of the statutes is amended to read:
AB532,12,1818 182.0175 (2) (bm) (title) Notice contents.
AB532,23 19Section 23. 182.0175 (2m) (b) (intro.) of the statutes is amended to read:
AB532,13,1220 182.0175 (2m) (b) Facilities marking. (intro.) A person owning transmission
21facilities, upon receipt of an excavation notice, shall mark in a reasonable manner
22the locations of transmission facilities at the area described in the notice to enable
23the excavator to locate the transmission facilities without endangering the security
24of the facilities or the public. For purposes of this paragraph, transmission facilities
25are marked in a reasonable manner if the owner of the transmission facilities locates

1and marks the transmission facilities to a level of accuracy and precision consistent
2with national standards.
Except as provided in par. (bm), if the person is a local
3governmental unit and if the excavation notice relates to sewer or water facilities
4owned by the local governmental unit, the local governmental unit shall also mark
5the locations within the public right-of-way of all laterals connected to the sewer or
6water facilities at the area described in the notice. The marking of facilities shall be
7completed within 3 working days after receipt of the notice, or if notice is given more
8than 10 days before excavation is scheduled to begin, marking shall be completed at
9least 3 working days before excavation is scheduled to begin. If the approximate
10location of a transmission facility is marked with paint, flags, stakes or other
11physical means, the following color coding of lines, cables or conduits shall comply
12with the uniform color code adopted by the American National Standards Institute:
AB532,24 13Section 24. 182.0175 (3) (title) of the statutes is repealed and recreated to
14read:
AB532,13,1515 182.0175 (3) (title) Enforcement.
AB532,25 16Section 25. 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3)
17(d) (title) and amended to read:
AB532,13,1818 182.0175 (3) (d) (title) Forfeitures ; surcharges.
AB532,26 19Section 26. 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1.
20and amended to read:
AB532,14,321 182.0175 (3) (d) 1. Any In a consent agreement under par. (c) 2. or order issued
22under par. (c) 4., the commission may directly assess a forfeiture against a
person
23who willfully and knowingly violates or aids in a violation of this section may be
24required to forfeit $2,000
of no more than $25,000 for each offense violation. Each
25day of continued violation constitutes a separate offense violation. The commission

1shall remit the forfeitures to the secretary of administration for deposit in the school
2fund. No other forfeiture may be imposed for violating or aiding in a violation of this
3section
.
AB532,27 4Section 27. 182.0175 (3) (b) of the statutes is renumbered 182.0175 (3) (h).
AB532,28 5Section 28. 182.0175 (3) (bg), (br) and (c) of the statutes are created to read:
AB532,14,86 182.0175 (3) (bg) Complaints. 1. Except as provided in subd. 4., any of the
7following may file a written complaint with the panel that a person other than a state
8agency has violated or aided in the violation of this section:
AB532,14,99 a. The one-call system.
AB532,14,1210 b. The department of transportation or a political subdivision, if property under
11the jurisdiction of the department or political subdivision is affected by an alleged
12violation of this section.
AB532,14,1413 c. A transmission facility owner, excavator, or underground line locator whose
14property or activities are affected by an alleged violation of this section.
AB532,14,1915 2. Except as provide in subd. 4., a person specified in subd. 1. a. to c. may file
16a written complaint with the commission that a state agency has violated or aided
17in the violation of this section. If the complaint also involves a respondent that is not
18a state agency, the commission may consider and determine the complaint against
19each respondent separately and at such times as the commission prescribes.
AB532,14,2020 3. A written complaint under subd. 1. or 2. shall include all of the following
AB532,14,2421 a. A short plain statement of the complaint that identifies the transaction or
22occurrence or series of transactions or occurrences for which the complaint arises and
23that shows that the person or state agency has violated or aided in the violation of
24this section.
AB532,15,2
1b. A statement of the provisions of statutes, rules, or commission orders that
2the person or state agency is alleged to have violated or aided in violation.
AB532,15,33 c. Copies of all records and papers on which the complaint is founded.
AB532,15,74 4. No person may file a complaint under subd. 1. or 2. more than 120 days after
5the person discovers an alleged violation of this section, except that the panel or
6commission may for good cause shown allow filing no later than one year after the
7discovery of the alleged violation.
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