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