LRB-3310/1

MDK : kjf

2015 - 2016 LEGISLATURE

October 6, 2015 - Introduced by Senators Lasee and Wanggaard , cosponsored by

Representatives Petersen , Kuglitsch , Macco , Neylon , Jacque , Thiesfeldt ,

Weatherston , Kremer , Kulp , Brandtjen , E. Brooks , Murphy , Craig ,

Sanfelippo , Loudenbeck , Quinn , T. Larson , Petryk , Schraa , Tauchen ,

Jagler , Jarchow , Nygren , Tittl , J. Ott , Knudson , Knodl , Kleefisch ,

Vorpagel , Gannon and Rohrkaste . Referred to Committee on Natural

Resources and Energy.

SB288,1,3 1 An Act to repeal 196.493; to amend 196.491 (3) (d) (intro.); and to create 1.12

2 (4) (cm) of the statutes; relating to: requirements for approval of construction

3 of nuclear power plants and changes to the state's energy priorities policy. 196.493;196.491 (3) (d) (intro.); and1.12(4) (cm) of the statutes;

Analysis by the Legislative Reference Bureau

This bill makes changes to the approval of nuclear power plants. Under current

law, with certain exceptions, a person may not construct any new power plant unless

the Public Service Commission (PSC) has issued a certificate to the person. The PSC

may not issue a certificate unless specified requirements are satisfied. In addition,

if the proposed power plant is a nuclear power plant, current law prohibits the PSC

from issuing a certificate unless the PSC finds both of the following: 1) that there

is a facility with sufficient capacity to receive the spent fuel from all nuclear power

plants in the state; and 2) that construction of the power plant is economically

advantageous to ratepayers based on specified factors. This bill eliminates the

additional findings required under current law for a proposed nuclear power plant.

The bill also makes changes to current law that provides that, in meeting

energy demands, the policy of the state is that, to the extent cost-effective and

technically feasible, options be considered based on the following priorities, in the

following order: 1) energy conservation and efficiency; 2) noncombustible renewable

energy resources; 3) combustible renewable energy resources; and 4) nonrenewable

combustible energy resources. Current law requires, to the greatest extent

cost-effective and technically feasible, state agencies and local governments to

design new and replacement energy projects in accordance with the priorities. In

addition, the Department of Administration must implement the priorities in

designing its energy programs and awarding grants or loans for energy projects, and,

with certain exceptions, the PSC must implement the priorities, to the extent

cost-effective, technically feasible, and environmentally sound, in making all

energy-related decisions and orders.

The bill changes the priorities by creating a new option that must be considered

after combustible renewable energy resources, but before nonrenewable combustible

energy resources. The new option that must be considered is advanced nuclear

energy using a reactor design or amended reactor design approved after December

31, 2010, by the U.S. Nuclear Regulatory Commission.

The people of the state of Wisconsin, represented in senate and assembly, do

enact as follows:

SB288,1 1 Section 1 . 1.12 (4) (cm) of the statutes is created to read: 1.12 (4) (cm) of the statutes is created to read:

SB288,2,4 2 1.12 (4) (cm) Advanced nuclear energy using a reactor design or amended

3 reactor design approved after December 31, 2010, by the U.S. Nuclear Regulatory

4 Commission. 1.12(cm) Advanced nuclear energy using a reactor design or amendedreactor design approved after December 31, 2010, by the U.S. Nuclear RegulatoryCommission.

SB288,2 5 Section 2 . 196.491 (3) (d) (intro.) of the statutes is amended to read: 196.491 (3) (d) (intro.) of the statutes is amended to read:

SB288,2,9 6 196.491 (3) (d) (intro.) Except as provided under par. (e) and s. 196.493 , the

7 commission shall approve an application filed under par. (a) 1. for a certificate of

8 public convenience and necessity only if the commission determines all of the

9 following: 196.491(d) (intro.) Except as provided under par. (e), thecommission shall approve an application filed under par. (a) 1. for a certificate ofpublic convenience and necessity only if the commission determines all of thefollowing: