(1) DEFINITIONS. In this section:
(am) “Affiliated interest” has the meaning given in s. 196.52 (1).
(b) “Commencement of construction” means site clearing, excavation, placement of facilities or any other substantial action adversely affecting the natural environment of the site, but does not mean borings necessary to determine foundation conditions or other preconstruction monitoring to establish background information related to site or environmental suitability.
(bm) “Cooperative association” means a cooperative association organized under ch. 185 for the purpose of generating, distributing or furnishing electric energy at retail or wholesale to its members only.
(c) “Department” means the department of natural resources.
(d) “Electric utility” means any public utility, as defined in s. 196.01, which is involved in the generation, distribution and sale REGULATION OF PUBLIC UTILITIES 196.49153 of electric energy, and any corporation, company, individual or association, and any cooperative association, which owns or operates, or plans within the next 3 years to construct, own or operate, facilities in the state.
(e) “Facility” means a large electric generating facility or a high-voltage transmission line.
(f) Except as provided in subs.
(2)
(b) 8. and (3)
(d) 3m., “high-voltage transmission line” means a conductor of electric energy exceeding one mile in length designed for operation at a nominal voltage of 100 kilovolts or more, together with associated facilities, and does not include transmission line relocations that are within an electronics and information technology manufacturing zone designated under s. 238.396 (1m) or that the commission determines are necessary to facilitate highway or airport projects.
(g) “Large electric generating facility” means electric generating equipment and associated facilities designed for nominal operation at a capacity of 100 megawatts or more.
(w) 1. “Wholesale merchant plant” means, except as provided in subd. 2., electric generating equipment and associated facilities located in this state that do not provide service to any retail customer and that are owned and operated by any of the following: a. Subject to the approval of the commission under sub.
(3m) (a), an affiliated interest of a public utility. b. A person that is not a public utility. 2. “Wholesale merchant plant” does not include an electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9)
(a) 3.
(2) STRATEGIC ENERGY ASSESSMENT.
(a) The commission shall prepare a biennial strategic energy assessment that evaluates the adequacy and reliability of the state’s current and future electrical supply. The strategic energy assessment shall do all of the following: 3. Identify and describe large electric generating facilities on which an electric utility plans to commence construction within 3 years. 3g. Assess the adequacy and reliability of purchased generation capacity and energy to serve the needs of the public. 3m. Identify and describe high-voltage transmission lines on which an electric utility plans to commence construction within 3 years. 3r. Identify and describe any plans for assuring that there is an adequate ability to transfer electric power into the state and the transmission area, as defined in s. 196.485 (1) (g), in a reliable manner. 4. Identify and describe the projected demand for electric energy and the basis for determining the projected demand. 7. Identify and describe activities to discourage inefficient and excessive power use. 9. Identify and describe existing and planned generating facilities that use renewable sources of energy. 10. Consider the public interest in economic development, public health and safety, protection of the environment and diversification of sources of energy supplies. 11. Assess the extent to which the regional bulk-power market is contributing to the adequacy and reliability of the state’s electrical supply. 12. Assess the extent to which effective competition is contributing to a reliable, low-cost and environmentally sound source of electricity for the public. 13. Assess whether sufficient electric capacity and energy will be available to the public at a reasonable price.
(ag) The commission shall promulgate rules that establish procedures and requirements for reporting information that is necessary for the commission to prepare strategic energy assessments under par. (a).
(b) On or before July 1, 2000, and on or before July 1 of each even-numbered year thereafter, the commission shall issue a draft of the biennial strategic energy assessment that it prepares under par.
(a) to each of the following: 1. Department of administration. 2. Department of safety and professional services. 3. Department of health services. 4. Department of justice. 5. Department of natural resources. 6. Department of transportation. 7. The director or chairperson of each regional planning commission constituted under s. 66.0309 which has jurisdiction over any area where a facility is proposed to be located or which requests a copy of such plan. 8. The lower Wisconsin state riverway board if the draft includes an assessment of the construction, modification or relocation of a high-voltage transmission line, as defined in s. 30.40 (3r), that is located in the lower Wisconsin riverway as defined in s. 30.40 (15). 9. Each person that is required to report information to the commission under the rules promulgated under par. (ag). 10. The clerk of each city, village, town and county that, as determined by the commission, is affected by the assessment.
(e) Any state agency, as defined in s. 16.310 (1), county, municipality, town, or person may submit written comments to the commission on a strategic energy assessment within 90 days after copies of the draft are issued under par. (b).
(f) Section 1.11 (2)
(c) shall not apply to a strategic energy assessment prepared under par. (a).
(g) No sooner than 30 and no later than 90 days after copies of the draft are issued under par. (b), the commission shall hold a hearing on the draft which may not be a hearing under s. 227.42 or 227.44. The hearing shall be held in an administrative district, established by executive order 22, issued August 24, 1970, which the commission determines will be significantly affected by facilities on which an electric utility plans to commence construction within 3 years. The commission may thereafter adjourn the hearing to other locations or may conduct the hearing by interactive video conference or other electronic method. Notice of such hearing shall be given by class 1 notice, under ch. 985, published in the official state newspaper and such other regional papers of general circulation as may be designated by the commission. At such hearing the commission shall briefly describe the strategic energy assessment and give all interested persons an opportunity, subject to reasonable limitations on the presentation of repetitious material, to express their views on any aspect of the strategic energy assessment. A record of the hearing shall be made and considered by the commission as comments on the strategic energy assessment under par. (e).
(gm) Based on comments received on a draft, the commission shall prepare a final strategic energy assessment within 90 days after a hearing under par. (g). The commission shall provide copies of the final strategic energy assessment to any state agency, county, municipality, town or other person who submitted comments on the draft under par.
(e) and to the persons specified in par. (b).