PSC 100.11   Purpose.

PSC 100.12   Definitions.

PSC 100.13   Approval requirements.

PSC 100.14   Approval procedure.

PSC 100.15   Market power screen analysis.

PSC 100.16   Bright line safe harbors.

PSC 100.17   Affiliated electric sales.

subch. I of ch. PSC 100 Subchapter I — General

PSC 100.01 PSC 100.01 Person defined. Under s. 196.52 (1), Stats., “person” includes trustees, lessees, holders of beneficial equitable interest, voluntary associations, receivers and partnerships. “Person” does not include a telecommunications provider, as defined in s. 196.01 (8p), Stats. This definition should be observed in filing information in response to this order.

PSC 100.01 History History: 1-2-56; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 13-025: am. Register January 2014 No. 697, eff. 2-1-14.

PSC 100.02 PSC 100.02 Validity of contracts. Section 196.52 (3), Stats., provides that no contract or arrangement between a public utility and any affiliated interest shall be valid or effective until such contract or arrangement shall have received the written approval of the commission. Pursuant to this provision any new contracts or revisions of former contracts between a public utility and an affiliated interest must be submitted to the commission for approval before they can become effective.

PSC 100.03 PSC 100.03 Information to be furnished. All class A, B, and C privately owned public utilities in Wisconsin shall furnish the following information on or before June 1, 1937:

PSC 100.03(1) (1) A list of all corporations and persons which own or hold, directly or indirectly, 5% or more of the voting securities of the reporting public utility. Such list shall show the number of units of each class of securities held, the percent which the individual holding of each class is to the total outstanding of that class, and the state of incorporation of each corporation.

PSC 100.03(2) (2) A list of all corporations and persons which own or hold, directly or indirectly, 5% or more of the voting securities of any corporation in a chain of successive ownership of the reporting public utility. Such list shall show the number of units of each class of securities held, the percent which the individual holding of each class is to the total outstanding of that class, and the state of incorporation of each corporation.

PSC 100.03(3) (3) A list of all corporations 5% or more of whose voting securities are owned by any corporation or person owning 5% or more of the voting securities of the reporting public utility, or by any corporation or person in any chain of successive ownership of each public utility, as defined in sub. (2). Such list should indicate the name of the affiliated corporation or person which owns 5% or more of the voting securities of each corporation listed.

PSC 100.03(4) (4) A list of all corporations which have one or more officers or one or more directors in common with the reporting public utility. This list should show for each corporation listed the names of the officers and directors which serve in common with the reporting public utility.

PSC 100.03(5) (5) A list of all contracts and arrangements, written or unwritten, in effect between the reporting utility and all affiliated interests as defined in s. 196.52, Stats. Such list shall state a descriptive title of each contract or arrangement, and the date of the original contract and of all amendments thereto.

PSC 100.04 PSC 100.04 Verification of report. The information furnished in response to this order must be verified under oath by the president or secretary of the reporting utility. The information furnished is to be effective as of the date of verification.

subch. II of ch. PSC 100 Subchapter II — Affiliated Wholesale Merchant Plant Market Power

PSC 100.11 PSC 100.11 Purpose. The purpose of this subchapter is to effectuate and implement s. 196.491 (3m), Stats., as enacted by 1997 Wis. Act 204, generally effective May 12, 1998. The rules promulgated in this subchapter establish requirements and procedures to be applied to the ownership, control, or operation of an affiliated wholesale merchant plant.

PSC 100.11 History History: Cr. Register, July, 2000, No. 535, eff. 8-1-00.

PSC 100.12 PSC 100.12 Definitions. In this subchapter:

PSC 100.12(1) (1) “Affiliated interest” has the meaning set forth in s. 196.52 (1), Stats.

PSC 100.12(2) (2) “Affiliates” means the public utilities with which the applicant is affiliated and all other affiliated interests of the public utilities.

PSC 100.12(3) (3) “Applicant” means any affiliated interest of a public utility seeking approval under s. 196.491 (3m), Stats., to own, operate, or control a wholesale merchant plant.

PSC 100.12(4) (4) “Available economic capacity” means economic capacity less the amount of generating capacity reasonably necessary to serve, in commercially viable increments, the potential supplier’s native load.

PSC 100.12(5) (5) “DOJ guidelines” means the U.S. Department of Justice and Federal Trade Commission Horizontal Merger Guidelines, as revised April 8, 1997.

PSC 100.12(6) (6) “Economic capacity” means the amount of generating capacity owned or controlled by a potential supplier with variable costs low enough that energy from the capacity could be delivered to the relevant geographic market at a price no more than 5% above the pre-transaction market clearing price; less any capacity that is committed under long-term firm sales contracts; plus any capacity that is acquired under long-term firm purchase contracts, and any generating capacity that is under the operational control of a third-party but the potential supplier receives the economic benefit of the capacity. In this subsection, a long-term sales or purchase contract means a sales or purchase contract which has a remaining commitment of more than one year.