Section 100.14. Approval procedure.

 

(1)   Application. An applicant making application for approval under s. 196.491 (3m) (a) , Stats., shall file a market power screen analysis, as set forth in s. PSC 100.15 , no later than the date on which it files its application for a certificate of public convenience and necessity under s. 196.491 (3) (a) , Stats.

(2)   Hearings on proposals to own, operate, or control a wholesale merchant plant. The commission may waive a hearing on the proposal unless any of the following occurs:

(a) A party to the proceeding, as defined in s. PSC 2.02 , files a written request for a hearing, pursuant to s. 227.42 , Stats., within 10 days of the issuance of a notice of investigation regarding an application of an affiliated interest to own, operate, or control a wholesale merchant plant.

(b) The applicant requests a hearing as required under s. PSC 100.13 (2) for commission approval.

(3)   Approval. The commission shall approve or disapprove the applicant's request no later than the earlier of the date it issues or denies a certificate of public convenience and necessity under s. 196.491 (3) (a) , Stats., or 150 days after the commission determines that the market power screen analysis was complete. In the event the wholesale merchant plant is exempt from requiring a certificate of public convenience and necessity, the commission shall approve or disapprove the applicant's request no later than 150 days after determining that the market power screen analysis was complete.

Cr. Register, July, 2000, No. 535 , eff. 8-1-00.