Section 117.04. Responsibilities of the public utility.

  In each rate proceeding before the commission that affects the selling public utility's retail rates, or at the request of the commission, the public utility shall have the burden to prove that a sale for which the public utility requests opportunity sales treatment, s. PSC 117.05 (2) , qualifies as an opportunity sale. At a minimum, the public utility shall provide evidence that includes all of the following:

(1)  Information showing that the term of the contract does not extend more than 3 years, does not include an option for the purchaser to extend the term of the contract to more than three years and does not include a provision which automatically extends the term of the contract to more than 3 years.

(2)  Information showing that excess capacity to supply the sale existed at the time the sales contract was signed by the selling utility and that available excess capacity was reasonably expected to exist during the entire term of the contract.

(3)  An analysis comparing the forecasted revenues expected to be earned as a result of the sale with the forecasted incremental costs to the public utility supplying the sale. This analysis shall be presented for each annual period covered by the sale. The analysis must include supporting calculation for both the forecasted revenues and the forecasted incremental costs, and explanations of any underlying assumptions made for the analysis.

Cr. Register, March, 2000, No. 531 , eff. 4-1-00.