Amendment AA1-AB470

LRBa0608/1

EHS:skw&wlj

2023 - 2024 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 470

October 31, 2023 - Offered by Representative Tranel.

AB470-AA1,1,1 At the locations indicated, amend the bill as follows:

AB470-AA1,1,3 1. Page 2, line 9: delete the material beginning with that line and ending with page 4, line 9, and substitute:

AB470-AA1,1,4 “ Section 3m. 196.485 (3g) of the statutes is created to read:

AB470-AA1,1,11 196.485 (3g) Incumbent transmission facility owner rights. (a) Rights. 1. Subject to the approval of the commission under s. 196.491 (3), an incumbent transmission facility owner has the right to construct, own, and maintain a transmission facility that has been approved for construction in the Midwest independent system operator's transmission plan and that connects to transmission facilities owned by that incumbent transmission facility owner if that incumbent transmission facility owner is certified by the commission under par. (b) 3.

AB470-AA1,2,5 2. If a transmission facility that has been approved for construction in the Midwest independent system operator's transmission plan connects to transmission facilities owned by 2 or more incumbent transmission facility owners, and if those incumbent transmission facility owners are jointly certified by the commission under par. (b) 4., then the right to construct, own, and maintain the transmission facility belongs individually and proportionally to each incumbent transmission facility owner, unless otherwise agreed upon in writing.

AB470-AA1,2,9 (b) Commission procedure. 1. If all of the following apply, an incumbent transmission facility owner shall give written notice to the commission of its intent under subd. 1. c. no later than 90 days after both the name of the developer and the report under subd. 1. b. are published:

AB470-AA1,2,12 a. A regionally cost-shared transmission line has been approved for construction and connection to facilities owned by the incumbent transmission facility owner in the Midwest independent system operator's transmission plan.

AB470-AA1,2,16 b. The Midwest independent system operator, after soliciting proposals to construct, own, and maintain the regionally cost-shared transmission line under subd. 1. a., has published the name of the developer it selected and a report explaining the basis for that selection.

AB470-AA1,2,19 c. The incumbent transmission facility owner intends to match the proposal of the developer selected under subd. 1. b. and to construct, own, and maintain the regionally cost-shared transmission line.

AB470-AA1,3,2 2. Along with the notice under subd. 1., the incumbent transmission facility owner under subd. 1. shall provide the commission with proof that, if the incumbent transmission facility owner constructs, owns, and maintains the transmission line, the resulting rates charged to ratepayers in this state will be equal to or lower than those rates resulting from the construction, ownership, and maintenance of the transmission line by the developer selected by the Midwest independent system operator under subd. 1. b.

AB470-AA1,3,7 3. If the commission finds, after a proceeding, that the incumbent transmission facility owner under subd. 1. has satisfied the proof requirement under subd. 2., the commission shall certify the incumbent transmission facility owner as the entity with the right to construct, own, and maintain the regionally cost-shared transmission line.

AB470-AA1,3,16 4. If a regionally cost-shared transmission line that has been approved for construction in the Midwest independent system operator's transmission plan connects to transmission facilities owned by 2 or more incumbent transmission facility owners, they may jointly provide the notice under subd. 1., which must state that together they intend to match that selected developer's proposal and to construct, own, and maintain the regionally cost-shared transmission line. In that case, those incumbent transmission facility owners shall jointly submit the proof under subd. 2., and the commission shall certify them as a group if it finds the proof requirement has been satisfied.”.

AB470-AA1,3,17 (End)