Section 100.17. Affiliated electric sales.

 

(1)  For purposes of this subsection:

(a) "Electric sale" has the meaning set forth in s. 196.491 (3m) (c) 1. a. , Stats.

(b) "Firm sale" has the meaning set forth in s. 196.491 (3m) (c) 1. b. , Stats.

(2)  An applicant may not make any firm sale to a public utility with which it is affiliated, if any of the following applies:

(a) The firm sale is for a period of 3 years or more.

(b) The firm sale is for a period of less than 3 years and either party to the sale has an option to extend the period to 3 or more years.

(3)  The commission shall review all electric sale transactions by any affiliate to any affiliated public utility of electricity generated at a wholesale merchant plant owned, operated, or controlled by an affiliate of the purchasing public utility. Commission approval of all contracts and agreements for public utility affiliate electric sales to an affiliated public utility are required prior to initiation of sales.

(4)  

(a) If at any time the commission finds that the electric sale is not in the public interest or if the commission finds that the purchasing public utility failed to provide the contract to the commission, the commission shall do at least one of the following:

1. Disallow the public utility's costs related to the sales in a rate-setting proceeding.

2. Order the public utility to provide a refund, in an amount determined by the commission, to its customers.

3. Order the public utility or affiliated interest to take such action as the commission may determine is in the public interest.

(b) Except for non-routine or non-repetitive transactions, the amount of disallowance or refund that may be ordered by the commission under par. (a) 1. and 2. shall be limited to costs associated with affiliated sales made on or after the commission initiates its review.

(5)  The commission may not void the sale of electricity to a public utility made under a contract or agreement approved by the commission.

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