PROGRAMS FOR LARGE ENERGY CUSTOMERS. The maximum amount of utility funding
available in any one year for a large energy customer self-directed program is
the energy utility revenues that would have been collected from the large
energy customer under s.
, Stats., less the funds set aside under
for statewide renewable
resource programs. The commission shall determine the annual funding level for
each large energy customer. Upon receipt of this information, each energy
utility with one or more large energy customers shall notify these customers of
the funds available for self-directed programs.
(a) A large energy customer seeking approval
of a self-administered and self-funded energy efficiency program under
196.374(2) (c), Stats., may file a request with the commission at any time. The
commission shall consider requests it receives at least 6 months before the
start of the statewide energy efficiency and renewable resource program year
for implementation in that program year.
Each request for a large energy customer
self-directed energy efficiency program under this section shall include:
1. An explanation of the program, including
descriptions of targeted buildings, equipment and operations; of eligible
energy efficiency measures; and of expected energy savings, itemized by
2. Performance targets
that are consistent with commission goals, policies and priorities.
3. A program time frame that is consistent
with the statewide program year.
A program level cost-effectiveness analysis, consistent with par. (c)
5. An administrative and program
delivery budget for each year of operation.
6. A tracking and reporting system, as
specified by the commission.
measurement and verification plan.
8. Any other information the commission
energy customer self-directed programs under this subsection shall:
1. Reduce the on-site use of electricity or
natural gas. To determine whether the program reduces energy or gas use, the
large energy customer shall compare the facility's energy use with standard
replacement technology under standard operating conditions, before improvements
to existing facility or expansion, against the proposed facility efficiency
improvements. The large energy customer's measurement and verification process
is subject to the commission's approval.
2. Include measures that are environmentally
sound, as determined by the commission.
3. Pass a program level test of
cost-effectiveness, as determined by the commission.
4. Use retained utility revenues that would
otherwise be collected for statewide energy efficiency programs from the
customer to pay some or all of the incremental cost difference between standard
efficiency replacement equipment or processes and the premium efficiency
replacement equipment or processes that the large energy customer proposes to
install. The program may also use retained utility revenues to purchase energy
efficiency-related education, training, and facilitation services from
statewide or utility-administered programs.
5. Be evaluated by an independent third
party. The commission shall contract with the independent third party
evaluator, unless it determines that it is reasonable to allow the large energy
customer to contract with an evaluator. In that case, the commission shall
oversee the contracting process and approve the large energy customer's
selection of the independent third-party evaluator. The large energy customer
shall pay the evaluation costs out of energy utility revenues that the large
energy customer retains and sets aside for that purpose.
The large energy customer with a
self-directed program shall:
1. Retain energy
utility revenues, for at least one year, to finance projects the large energy
customer initiates and completely installs within the period for which utility
revenues are retained.
performance goals, as approved by the commission. At a minimum, the large
energy customer shall provide quarterly activity reports and annual performance
results, using a reporting format approved by the commission. The large energy
customer shall also provide all performance-related information and data to the
commission that it requests.
PRIOR APPROVAL OF REQUESTS FOR LARGE
ENERGY CUSTOMER SELF-DIRECTED PROGRAMS.
large energy customer may only administer and fund a self-directed program
under this section with the commission's prior approval. The commission shall
issue its decision to approve, deny, or modify a large energy customer's
proposal to administer and fund a self-directed program under this section in
writing, within 40 working days after receiving the proposal.
The commission shall consider each of the
following standards when deciding whether to approve a large energy customer's
2. The minimum requirements
specified in sub. (2) (c).
(c) If the commission denies or modifies a
large energy customer's proposed self-directed program it shall explain its
reasons in writing. The large energy customer may revise and resubmit a
proposed program the commission has modified or denied.
(4) MODIFYING OR DISCONTINUING A LARGE ENERGY
CUSTOMER SELF-DIRECTED PROGRAM. A large energy customer may request the
commission to authorize the modification or discontinuation of an energy
efficiency program implemented under this section at any time. No large energy
customer may modify or discontinue a self-directed program without the
commission's prior approval.
RETURN OF FUNDS. The commission may require that the large energy customer
deliver any unspent funds to the energy utilities, to fund the statewide