Doyle Issues Executive Order on Energy
On Tuesday, August 19, Governor Doyle issued an Executive Order to the Public Service Commission and the Department of Natural Resources directing the officials to streamline and coordinate their review and approval processes for siting and constructing new transmission lines in Wisconsin. Doyle announced his hope that timely decision making by the state agencies will cause quicker improvements for the state’s electric transmission system, and will protect Wisconsin from power emergencies. The Executive Order was issued in the wake of last week’s massive power outage in the Northeastern United States. Several initiatives to revamp the power industry have begun and will likely continue in Wisconsin and elsewhere in the Nation.

(See statements relating to the Governor’s Executive Order from Energy Lifeline, the Public Service Commission, and American Transmission Company.)

Joint Judiciary Hearing Draws Big Crowd
On Thursday, August 21, the Senate Committee on Judiciary, Corrections, and Privacy, and the Assembly Committee on Judiciary met for a joint hearing on several bills including: SB 195 and AB 372, relating to live birth or the circumstance of being born alive (“partial birth abortion”); SB 224 and AB 458, relating to zero tolerance for driving under the influence of illegal drugs (the so called “Baby Luke” bill, see previous Tidbits); LRB 3114/1 and AB 423, relating to liability for damages caused by dogs; LRB 3110/1 and AB 456, changing the interest rate applicable to court actions (see below for more on this bill); and SB 233 and AB 475, relating to marriage between one man and one woman (“anti-gay marriage”). The controversy surrounding these bills, particularly partial birth abortion and anti-gay marriage, created a standing room only atmosphere at the hearing. The hearing, which began at 10 a.m., continued without breaks until just after 9 p.m., with several people waiting more than eight hours to speak.

George Lawsuit Will Receive No Further Delays
On Monday, August 18, Dane County Circuit Judge Maryann Sumi, the judge overseeing Sen. Gary George’s lawsuit against the State Elections Board, announced there would be no further delays in the lawsuit. The lawsuit has been delayed twice, due to Sen. George’s invocation of a legislative privilege that trial action would not continue in his absence because of legislative duties requiring him to be at the Capitol.

Whitacre Will Take on Sensenbrenner
Last week, Vince Whitacre (D-Waukesha), announced his intention to run against current U.S. Representative Jim Sensenbrenner (R-Milwaukee) in next year’s U.S. House election.

Committee Rejects Mercury Rule
On Wednesday, August 20, the Assembly Committee on Natural Resources voted 9-2 to send DNR’s mercury rule back to the Department. Reps. Spencer Black (D-Madison) and Mark Miller (D-Monona) were the only Committee members voting against the motion. The Senate Environment and Natural Resources Committee is also expected to reject the rule.

The controversial rule was adopted by the Natural Resources Board in June 2003 after several years of advisory committee deliberations. The final DNR proposal targets mercury emissions from “major utilities.” Four Wisconsin utilities trip the 100 lbs/year mercury emission threshold – Dairyland Power, WE Energies, Wisconsin Public Service Corp., and Alliant Energy. Under the rule, these utilities would have to meet reduction mandates of 40 percent by 2010 and 80 percent by 2015. The final rule and related documents can be found on the DNR web site.

Although several Committee members expressed support for mercury reductions, the rule was returned due to concern, expressed by some members, that targeting only four in-state utilities was not the best solution to the state’s mercury problems in light of significant contributions from other sources, including out-of-state sources. The motion specifies that unless the DNR accepts the rule back for modification by August 22, which in effect stays legislative review deadlines, the Committee will object to the rule on the grounds it is “arbitrary and capricious and imposes an undue hardship.” Upon such an objection by the Committee, the rule goes to the Joint Committee on Review of Administrative Rules (JCRAR), which in turn can stay the rule upon introduction of legislation. Generally, if the legislation fails to become law by the end of the session (mid-2004), the rule is deemed approved.

The motion makes no recommendation as to specific modifications, although Committee members have expressed interest in an “off-ramp” if sources are subject to federal mercury standards, replacing the 80 percent mandate for 2015 with an earlier evaluation to discern the merits of further reductions (beyond the 40 percent initial mandate), and adding provisions to allow for banking and trading of emission reductions. These changes were requested by industry at the August 13 joint hearing by the above standing committees. (See Wisconsin Utility Association and Wisconsin Manufacturers & Commerce positions.)

Hearing for Bill Changing Interest Rate for Court Judgments
On August 21, the Assembly and Senate Judiciary Committees heard testimony relating to LRB 3114/1 and AB 456, bills that would lower the current statutory interest rate applicable to judgments received in a court action. Under current Wisconsin law, a party in a lawsuit is entitled to interest on the amount of money recovered in a judgment at the rate of 12 percent. AB 456 would maintain the entitlement to interest. It would, however, lower the interest rate from 12 percent to no less than four percent. Proponents of this bill expressed belief that lowering the interest rate would create a more “reasonable” interest rate, while still providing incentive for early settlement agreements. Additionally, it would maintain the incentive for paying a judgment in a timely manner, as interest would continue to run until the amount is paid. Opponents of the bill maintain that the current 12 percent statutory interest rate (adopted in 1979) continues to be “reasonable,” and encourages parties to settle lawsuits early on. (See hearing testimony presented by attorney Mike Crooks on behalf of the Civil Trial Council of Wisconsin, in favor of this bill.)

Legislator Will Request Crack Down on Stray Voltage
State Rep. Barbara Gronemus (D-Whitehall) has announced her intention to introduce a new bill requiring Wisconsin electric utilities to eliminate all “objectionable flows” of current by 2012, or face fines up to $1 million. The Representative’s announcement follows the Wisconsin Supreme Court ruling earlier this summer affirming a judgment in favor Waupaca County dairy farmers Allan and Beverly Hoffmann. The Hoffmanns claimed their herd became sick from stray electrical current from underground the farm’s location, which the they believed was caused by faulty wiring installed by Wisconsin Electric Power Co. Although the court did not determine that the current in fact came from Wisconsin Electric Power Company, it could not rule out the possibility that it did.

Senate Job Creation Committee Will Meet Again
On Tuesday, August 26, the Senate Select Committee on Job Creation will meet to further discuss issues related to growing the state’s economy. Next week’s hearing will focus on how to improve Wisconsin’s infrastructure; the Committee will hear testimony from invited speakers only. (The hearing will take place at 10 a.m. in room 411-S in the State Capitol.)

Leavitt Selected to Run EPA
On August 11, 2003, President Bush announced his nomination of Utah Governor Michael O. Leavitt (R) for the post of Environmental Protection Agency (EPA) Administrator. Former EPA Administrator Christine Todd Whitman resigned on June 27, 2003, after more than two years of service. Between Whitman’s resignation and Leavitt’s upcoming confirmation, Marianne Lamont Horinko continues to serve as acting Administrator of the EPA.

Governors Send Medicare Letter to Congress
On July 31, 2003, a letter, signed by the governors of all 50 states, was sent to U.S. Rep. William M. Thomas (R-California), Chair of the House Ways and Means Committee, as an effort to show united support for the House and Senate bills addressing prescription drug benefits under Medicare. In particular, the governors support the House version of the bill that ensures seniors will have continued coverage by federally financed Medicare, rather than shifting poorer seniors to Medicaid, paid for with a combination of state and federal funds.

Tire Makers Seek Safer Tires
On August 20, the Rubber Manufacturers Association (RMA), a national organization representing automobile tire manufacturers, including leading tire manufacturers such as Michelin SCA and Goodyear Tire & Rubber Co., announced it would seek safer standards for tire pressure monitors. The RMA will call on the National Highway Traffic Safety Administration (NHTSA) to revamp its current standards relating to tire pressure monitors, following an RMA survey, released the same day, showing that safer manufacturing standards could lessen the frequency with which automobile owners must check their tire pressure.

Saturday, August 23, 2003:

• St. Sen. Cathy Stepp (R-Yorkville), 1:00 p.m., Yorkville, Wis.

Sunday, August 24, 2003:

• St. Rep. Steven Foti (R-Oconomowoc), 3:00 p.m., Oconomowoc, Wis.

Tuesday, August 26, 2003:

• Milwaukee County Executive Scott Walker, 5:00 p.m., Milwaukee, Wis.

• St. Rep. Dan Schooff (D-Beloit), 5:30 p.m., Beloit, Wis.

Thursday, August 28, 2003:

• U.S. Rep. Ron Kind (D-3), 6:00 p.m., West Salem, Wis.

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For Further Information

Electrical grid needs upgrade now (opinion): Green Bay Press-Gazette, Aug. 21, 2003.

Gas prices rising in area; blackout, gas line break cited: Milwaukee Journal Sentinel, Aug. 21, 2003.

Doyle power woes rise with temps: Oshkosh Northwestern, Aug. 21, 2003.

Who killed clean coal idea? Racine Journal Times, Aug. 21, 2003.

Doyle orders quicker OK for power plants: Milwaukee Journal Sentinel, Aug. 20, 2003.

Utilities: Heat should not tax resources: Appleton Post-Crescent, Aug. 20, 2003.

DNR rule to cut mercury rejected: Wisconsin State Journal, Aug. 21, 2003.

Panel balks at regulations for mercury: Appleton Post-Crescent, Aug. 21, 2003.

PCB cleanup plan draws mix of money, environmental concerns: Appleton Post-Crescent, Aug. 20, 2003.

Peeping Tom bill signed into law: Madison Capital Times, Aug. 21, 2003.

Doyle signs law banning sex with inmates: Milwaukee Journal Sentinel, Aug. 21, 2003.

Doyle signs bill to help locate 911 cell calls: Milwaukee Journal Sentinel, Aug. 19, 2003.

Open records law signed last week 'highlighted' for media: Milwaukee Journal Sentinel, Aug. 19, 2003.

Lawmaker to tackle stray voltage: Wisconsin State Journal, Aug. 18, 2003.

FirstEnergy Has Trail of Various Troubles: Milwaukee Journal Sentinel, Aug. 18, 2003.

Deregulation Complicates Electric Grid: Milwaukee Journal Sentinel, Aug. 18, 2003.

Don't leave Wisconsin in the dark (opinion): Wisconsin State Journal, Aug. 17, 2003.