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
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
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:
16.95 (12) of the statutes is renumbered 196.025 (7) (a) 3.
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:
196.029 (1) Information.
If the governor determines that a disruption of 5
energy supplies poses a serious risk to the economic well-being, health or welfare of 6
the citizens of this state, the governor may issue an order declaring an energy alert. 7
Upon declaration of an energy alert by the governor, the department commission 8
may issue general or special orders, as defined in s. 101.01 (7), or promulgate 9
emergency rules under ch. 227 to compel disclosure of information required for 10
purposes of this section. Any person, or agent of the person, who produces, imports 11
or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who 12
is subject to an emergency rule or general or special order of the
within reasonable time limits specified in the order shall file or furnish 14
such reports, information, data, copies of extracts of originals as the department 15commission
deems necessary relating to existing and future energy supplies, 16
including but not limited to record of sales in years for 1970 and thereafter, storage 17
capacity, supplies on hand and anticipated supplies, and anticipated demand. To the 18
extent that the reports and data requested by the department commission
presently available from other state or federal agencies, the department commission 20
shall coordinate its data reporting requirements with the agencies to avoid 21
duplication of reporting.
(a) Any person, or agent of a person, who produces, imports or sells, coal or 23
other forms of fuel, other than electricity, natural gas or wood, who fails to provide 24
information requested by the department commission
at the time and in the manner 25
specified by the department commission
shall forfeit an amount not to exceed $1,000.
Each day the violation of this section continues from the day notice has been received 2
constitutes a separate offense.
(b) Upon request of the department commission
, the attorney general or the 4
district attorney of the proper county may aid in any investigation, enforce any 5
request of the department commission
for information under this section or seek 6
forfeitures for violations of this section.
(c) Upon request of the department commission
, the attorney general or the 8
district attorney of the proper county may apply to any court of competent 9
jurisdiction for a temporary or permanent injunction restraining any person from 10
violating this section.
(a) The department commission
or any of its authorized agents may, in 12
relation to any matter arising under this section, conduct hearings, administer 13
oaths, issue subpoenas and take testimony.
(b) The witnesses subpoenaed by the department
or its agent and 15
officers who serve subpoenas shall be entitled to the fees allowed in courts of record. 16
The fees shall be audited and paid by the state in the same manner as other expenses 17
of the department commission
are audited and paid. No witness subpoenaed at the 18
instance of any party other than the department
is entitled to payment 19
of fees by the state, unless the department commission
certifies that the testimony 20
of the witness was material.
(d) A record of all hearings shall be kept by the department commission
. All 22
hearings shall be public.
26.03 (1v) (b) of the statutes is amended to read:
(b) An electric cooperative, as defined in s. 196.025 (5) (ag) 101.80
59.693 (11) of the statutes is created to read:
59.693 (11) Utility facilities.
(a) In this subsection, “facility" means any 3
property or equipment of a public utility, as defined in s. 196.01 (5), or a cooperative 4
association organized under ch. 185 for the purpose of producing or furnishing heat, 5
light, or power to its members only, that is used for the transmission, delivery, or 6
furnishing of natural gas, heat, light, or power.
(b) The construction and maintenance of a facility is considered to satisfy the 8
requirements of this section and any county ordinance enacted under this section if 9
any of the following applies:
1. The department has issued all required permits or approvals authorizing the 11
construction or maintenance under ch. 30, 31, 281, or 283.
2. No department permit or approval under subd. 1. is required for the 13
construction or maintenance and the construction or maintenance is conducted in a 14
manner that employs best management practices to infiltrate or otherwise control 15
storm water runoff from the facility.
101.80 (1g) of the statutes is amended to read:
“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
182.0175 (1) (ab) of the statutes is created to read:
(ab) “Commission” means the public service commission.
182.0175 (1) (ac) of the statutes is created to read:
(ac) “Complainant” means a person who files a complaint under 25
sub. (3) (bg) 1. or 2.
182.0175 (1) (ag) of the statutes is created to read:
(ag) “Damage prevention fund" means the fund established under 3
sub. (1m) (d) 11.
182.0175 (1) (bq) of the statutes is created to read:
(bq) “One-call system" means the system established under sub. 6
182.0175 (1) (br) of the statutes is created to read:
(br) “Panel" means the panel appointed under sub. (1m) (d) 8.
182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).
182.0175 (1) (bv) of the statutes is renumbered 182.0175 (1) (bx).
182.0175 (1) (bw) of the statutes is created to read:
(bw) “Political subdivision” means a city, village, town, or county.
182.0175 (1) (by) of the statutes is created to read:
(by) “Respondent” means a person or a person's agent who is 15
alleged in a complaint filed under sub. (3) (bg) 1. or 2. to have violated or aided in the 16
violation of this section.
182.0175 (1) (bz) of the statutes is created to read:
(bz) “State agency” has the meaning given in s. 16.004 (12) (a).
182.0175 (1m) (d) 8. to 12. of the statutes are created to read:
(d) 8. Appoint a panel consisting of the following 7 members to 21
carry out the duties specified in sub. (3) (bg) and (br):
a. Two transmission facility owners.
b. Two excavators.
c. One employee of the operational center established under par. (a).
d. One member who represents the interests of a political subdivision.
e. One person employed as an underground line locator.
9. Establish policies, procedures, and forms as necessary to implement the 3
requirements under sub. (3) (bg) and (br).
10. Provide for the production and administration of the educational course 5
under sub. (3) (br) 4.
11. Establish and maintain a damage prevention fund consisting of fees under 7
sub. (3) (br) 4. and (c) 5. and surcharges under sub. (3) (d) 2.
12. Use the damage prevention fund at the one-call system's discretion to pay 9
the cost of producing and administering the educational course under sub. (3) (br) 4. 10
or providing for public outreach and underground utility damage prevention 11
182.0175 (2) (am) (title) of the statutes is amended to read:
(am) (title) Excavation notice and other duties.
182.0175 (2) (am) 3. of the statutes is renumbered 182.0175 (2) (as) 15
1. and amended to read:
(as) 1. Maintain
An excavator shall maintain
an estimated 17
minimum clearance of 18 inches between a marking for an unexposed underground 18
transmission facility that is marked under sub. (2m) and the cutting edge or point 19
of any power-operated excavating or earth moving
equipment, except 20
as is necessary at the beginning of the excavation process to penetrate and remove 21
the surface layer of pavement.
When the an
underground transmission facility becomes exposed or if the 23a
transmission facility is already exposed, the excavator may reduce the clearance 24
to 2 times the known limit of control of the cutting edge or point of the equipment or 25
12 inches, whichever is greater.
182.0175 (2) (am) 7. of the statutes is amended to read:
(am) 7. Immediately notify the owner of a transmission facility if 3
an inspection reveals that the transmission facility has been or may have been 4
struck, 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
182.0175 (2) (as) (title) of the statutes is created to read:
(as) (title) Minimum clearance.
182.0175 (2) (as) 3. of the statutes is created to read:
(as) 3. For parallel-type excavations within 18 inches of an 11
underground transmission facility marked under sub. (2m), an excavator shall 12
comply with generally accepted excavation practices, including the requirements 13
under subd. 1., and shall visually identify the underground transmission facility by 14
digging test holes at intervals not to exceed 50 feet along the line of excavation to 15
avoid damages. An excavator shall exercise due care at all times to protect 16
underground transmission facilities when exposing those facilities.
182.0175 (2) (bm) (title) of the statutes is amended to read:
(bm) (title) Notice
182.0175 (2m) (b) (intro.) of the statutes is amended to read:
(b) Facilities marking.
(intro.) A person owning transmission 21
facilities, upon receipt of an excavation notice, shall mark in a reasonable manner 22
the locations of transmission facilities at the area described in the notice to enable 23
the excavator to locate the transmission facilities without endangering the security 24
of 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 3
governmental unit and if the excavation notice relates to sewer or water facilities 4
owned by the local governmental unit, the local governmental unit shall also mark 5
the locations within the public right-of-way of all laterals connected to the sewer or 6
water facilities at the area described in the notice. The marking of facilities shall be 7
completed within 3 working days after receipt of the notice, or if notice is given more 8
than 10 days before excavation is scheduled to begin, marking shall be completed at 9
least 3 working days before excavation is scheduled to begin. If the approximate 10
location of a transmission facility is marked with paint, flags, stakes or other 11
physical means, the following color coding of lines, cables or conduits shall comply 12
with the uniform color code adopted by the American National Standards Institute:
182.0175 (3) (title) of the statutes is repealed and recreated to 14
182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3) 17
(d) (title) and amended to read:
(d) (title) Forfeitures
182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1. 20
and amended to read:
(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
who 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 25
day 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
182.0175 (3) (b) of the statutes is renumbered 182.0175 (3) (h).
182.0175 (3) (bg), (br) and (c) of the statutes are created to read:
1. Except as provided in subd. 4., any of the 7
following may file a written complaint with the panel that a person other than a state 8
agency has violated or aided in the violation of this section:
a. The one-call system.
b. The department of transportation or a political subdivision, if property under 11
the jurisdiction of the department or political subdivision is affected by an alleged 12
violation of this section.
c. A transmission facility owner, excavator, or underground line locator whose 14
property or activities are affected by an alleged violation of this section.
2. Except as provide in subd. 4., a person specified in subd. 1. a. to c. may file 16
a written complaint with the commission that a state agency has violated or aided 17
in the violation of this section. If the complaint also involves a respondent that is not 18
a state agency, the commission may consider and determine the complaint against 19
each respondent separately and at such times as the commission prescribes.
3. A written complaint under subd. 1. or 2. shall include all of the following
a. A short plain statement of the complaint that identifies the transaction or 22
occurrence or series of transactions or occurrences for which the complaint arises and 23
that shows that the person or state agency has violated or aided in the violation of 24
b. A statement of the provisions of statutes, rules, or commission orders that 2
the person or state agency is alleged to have violated or aided in violation.
c. Copies of all records and papers on which the complaint is founded.
4. No person may file a complaint under subd. 1. or 2. more than 120 days after 5
the person discovers an alleged violation of this section, except that the panel or 6
commission may for good cause shown allow filing no later than one year after the 7
discovery of the alleged violation.
5. No complaint filed under subd. 1. or 2. may be dismissed solely because of 9
the absence of direct damage to the complainant.