SB 470

This bill makes changes regarding all of the following: 1) Public Service

Commission (PSC) certificates required for certain activities; 2) filing requirements

for public utility rate schedules; 3) water public utility rate changes; 4)

telecommunications regulation; 4) legislative repeal or modification of agency rules;

and 5) tampering with telecommunications or electric wires.

PSC certificates.

Current law prohibits a public utility from beginning

construction or providing service in a municipality, unless the public utility obtained

a certificate from the PSC authorizing the public utility to transact public utility

business. Current law also prohibits a public utility from beginning certain projects

involving new or existing plants, equipment, property, or facilities, unless the public

utility has complied with applicable PSC rules and orders. In addition, current law

allows the PSC to prohibit a public utility from proceeding with such a project until

the PSC certifies that public convenience and necessity require the project. Current

law also includes exemptions that are based on the gross cost of the project and the

type of public utility that proposes the project. The bill provides that those

exemptions do not apply to the first prohibition described in the foregoing, but do

apply to the second and third prohibitions.

Current law also 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 the

PSC. After a person files an application for a CPCN, the PSC must determine

whether the application is complete. If the PSC fails to make such a determination

within a specified deadline, the application is considered to be complete. Current law

requires the PSC to take final action on the application within 180 days after the

application is determined or considered to be complete. If the PSC fails to take final

action within that deadline, the PSC is considered to have issued a CPCN to the

applicant. However, current law also allows the PSC to petition the circuit court for

Dane County for an extension of the deadline for no more than an additional 180

days. Upon a showing of good cause, the court may extend the deadline. If the PSC

fails to take final action within the extended deadline, the PSC is considered to have

issued the CPCN. The bill eliminates the requirement for the PSC to petition the

court for a deadline extension. Instead, the bill allows the chairperson of the PSC

to extend the deadline for no more than an additional 180 days for good cause. As

under current law, if the PSC fails to take final action within the extended deadline,

the PSC is considered to have issued the CPCN.

Public utility rate schedules.

Under current law, certain public utilities

must file schedules with the PSC showing their rates for service. Current law

requires the PSC to determine the portion of a public utility's rate schedule that is