DOA:......Bork, BB0098 - Additional 180-day extension for final CPCN decision
For 2025-2027 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
PUBLIC UTILITIES
Deadline for a certificate of public convenience and necessity
Current law generally prohibits a person from commencing construction of certain large electric generating facilities or high−voltage transmission lines without obtaining a certificate of public convenience and necessity (CPCN) from PSC. After a person files a complete application for a CPCN, PSC must take final action on the application within 180 days, or else PSC is considered to have issued a CPCN to the applicant. However, current law also allows the PSC chairperson to extend that deadline for no more than an additional 180 days. If the PSC fails to take final action within the extended deadline, the PSC is considered to have issued the CPCN. The bill authorizes the PSC chairperson to make two such 180-day extensions instead of just one.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 196.491 (3) (g) of the statutes is amended to read:
196.491 (3) (g) The commission shall take final action on an application filed under par. (a) 1. within 180 days after the application is determined or considered to be complete under par. (a) 2. If the commission fails to take final action within the 180-day period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application, unless the chairperson of the commission extends the time period for no more than an 2 additional 180 days 180-day extensions for good cause. If the commission fails to take final action within the extended period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application.
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