Section 100.16. Bright line safe harbors.

  Any of the following bright line safe harbors are available to affiliated wholesale merchant plants and are subject to all provisions of ss. 196.491 (3m) (c) and 196.52 , Stats.

(1)  The applicant is a passive investor in the wholesale merchant plant. The applicant and its affiliates do not participate in the decisions regarding the operation of the plant.

(2)  The applicant's and its affiliates' combined ownership interest is less than 5%.

(3)  The affiliated wholesale merchant plant facility has a capacity of less than 20 megawatts. This safe harbor may be elected only once per calendar year in aggregate for all affiliated interests of a public utility, irrespective of multiple affiliated interests or combinations.

(4)  The commission shall have the right to obtain any information or data which it deems necessary in order to exercise its authority under this section.

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