Section 111.53. CPCN applications for large electric generating facilities.

 

(1)   Contents of a CPCN application. Except as provided in sub. (2) , a CPCN application for a large electric generating facility is not complete until the applicant has filed all of the following information with the commission:

(a) The operating characteristics of the proposed facility, including all of the following:

1. The number of generating units to be included in the facility.

2. A description of each generating unit, including type, size, and fuel.

3. The expected hours of operation and lifetime of the facility.

4. The names and addresses of owners and investors and the percent of ownership.

5. The fuel source and availability. If the facility uses fossil fuel, the fuel's heating value and chemical analysis, the type of transportation to be used, and the approximate capacity of on-site storage shall be provided.

6. The facility's estimated capacity factors, for each generating unit, and the basis for the estimates.

7. The estimated rate of discharge of pollutants for appropriate time intervals, as related to applicable regulatory standards.

8. The heat rates over the range of operating capacity for each generating unit.

(b) The need for the proposed facility in terms of demand and energy.

(c) The economic aspects of the proposed facility, including all of the following:

1. The estimated capital cost of the generating facility and all related facilities, broken down by major plant accounts. All cost escalation factors used in the estimate shall be identified.

2. The projected unit fuel cost, in cents per million Btu, both for the first year of operation and levelized in nominal terms over the life of the unit or facility. All cost escalation factors used in the estimate shall be identified.

3. The estimated annual production cost, calculated as operating, maintenance and fuel costs for the first year of operation and levelized in nominal terms over the life of the facility. All cost escalation factors used and other significant supporting data shall be included.

4. The estimated annual total cost, calculated as capital and production costs for the first year of operation, in mills per net kWh generated, and levelized in nominal terms over the life of the facility. All cost escalation factors used and other significant supporting data shall be included.

5. The estimated useful life of facility, based on depreciation rates established by the commission.

(d) The alternative sources of supply considered, including information about all of the following alternatives:

1. Energy conservation and efficiency.

2. Any alternative whose energy source has a higher priority ranking under s. 1.12 (4) (b) to (d) , Stats., than the fuel proposed to used for the facility.

3. For any facility that will use a combustible energy resource but not provide cogeneration, an explanation regarding why cogeneration is not feasible.

4. Purchased power.

(e) A description of the alternatives considered, a description of the siting process, and a list of the factors considered in choosing and ranking the alternatives.

(em) Information demonstrating how brownfields, as defined in s. 16.287 (1) (a) , Stats., and interpreted by the commission, were considered as site alternatives.

(f) Except as provided in sub. (2) (b) , site-related information for each of two proposed power plant sites, including all of the following:

1. The regulatory approvals required for construction and operation of the facility.

2. The construction schedule and timeline, showing construction activities and permitting expectations from the beginning of construction to the in-service date.

3. The availability of transportation for fuel delivery and requirements for gas pipeline construction. If a certificate of authority under s. 196.49 , Stats., is required to construct the gas pipeline, the location, termini, length in miles, size of pipe, and pressure.

4. Any required transmission line construction, agreements for use of the transmission system to deliver plant power, transmission losses, and effects on system reliability. If a certificate of authority under s. 196.49 , Stats., is required to construct the transmission line, the location of termini, length in miles, and voltage for each transmission line.

5. Other auxiliary facilities, including fuel storage and water storage.

6. Natural resources at each site, including all of the following:

a. Air quality.

b. General soil associations.

c. Geology, noting active mines and quarries.

d. Water, including wetlands, rivers, streams and groundwater.

e. Vegetative cover, including wildlife habitat.

f. Endangered, threatened, and special-concern species and communities.

7. Community-related information, including all of the following:

a. Site history.

b. Existing and proposed land uses at the sites.

c. Local infrastructure, including sewer, water, police, and fire protection.

d. Historical and archeological sites.

e. Potential health impacts.

f. Secondary impacts, including effects on revenue, jobs, and development.

g. Visual and noise impact.

8. Aesthetics.

9. If a CPCN is needed for construction of transmission lines as part of this application, the required information under s. PSC 111.55 .

(g) Any additional information the commission may request, including information necessary for it to make the determinations listed in s. 196.491 (3) (d) , Stats., or to prepare an environmental assessment or an environmental impact statement under s. 1.11 , Stats.

(2)   Exceptions to filing requirements.

(a) An application for a wholesale merchant plant need not include the information identified in sub. (1) (b) to (d) . In addition, an application for a wholesale merchant plant that will be owned, controlled, or operated by an affiliated interest of a public utility, shall include any additional information required by the commission in order to make a determination under s. 196.491 (3m) (a) , Stats.

(b) Based on the pre-application consultation required under s. PSC 111.51 (2) (b) , an application for a generation facility may include the detailed information listed under sub. (1) (f) for only one site if none of the needed infrastructure improvements would constitute a major action significantly affecting the quality of the human environment under s. 1.11 (2) (c) , Stats., and the application is for any of the following:

1. Construction of a cogeneration facility located at the steam host's existing industrial plant, if the cogeneration facility will be a qualifying facility under 18 CFR 292.205 .

2. Modifying, rebuilding, replacing or repowering, as defined under s. 79.005 (4) , Stats., an existing generating facility at its current location.

3. Construction of a generating facility proposed to be located on an existing brownfield site, as defined in s. 16.287 (1) (a) , Stats., and interpreted by the commission, or on the site of a former or existing large electric generating facility.

Cr. Register, June, 2000, No. 534 , eff. 7-1-00; CR 07-044 : am. (1) (e) and (f) (intro.), cr (1) (em), (2) (b) 1. and 3., renum. (2) (b) 1. to be (2) (b) (intro.) and am., r. and recr. (2) (b) 2. Register May 2008 No. 629 , eff. 6-1-08; correction to (1) (em), (2) (b) 3. made under s. 13.92 (4) (b) 7. , Stat., Register January 2012 No. 673 .

Note

See sub. (1) (e) concerning information that must be included about both the site in sub. (2) (b) and any alternatives. Microsoft Windows NT 6.1.7601 Service Pack 1