PSC 133.04(11)(a)3.d.
d. Whether the waterway is defined as outstanding resource water or exceptional resource water by the department.
PSC 133.04(11)(a)4.
4. The identification and description of each wetland crossing, including all of the following:
PSC 133.04(11)(a)4.g.
g. Whether any of the wetland is in or adjacent to an area of special natural resource interest as defined by the department.
PSC 133.04(11)(a)5.
5. An evaluation of whether any endangered, threatened or special concern species are located along the project route and what affect the project could have on those species. For each species identified, describe how the proposed project may be modified to reduce or eliminate any potential effect on the species.
PSC 133.04(11)(a)6.
6. An evaluation of whether any known archeological or historical resources would be affected. For each resource identified, describe how the proposed project may be modified to reduce or eliminate any potential effect on the resource.
PSC 133.04(11)(b)
(b) For gas line projects that involve construction outside the limits of road rights-of-way or require coordinated commission and department review under s.
30.025, Stats., the commission may require additional environmental information on a case-by-case basis after consultation with the utility.
PSC 133.04(12)
(12) Efficiency or conservation. For projects involving new or modified buildings, information on energy efficiency or conservation features, including all of the following:
PSC 133.04(12)(a)
(a) The type and R–value of insulating material used for walls, ceilings, roofs, doors, and windows.
PSC 133.04(12)(b)
(b) The type of heating and cooling system selected and the system's energy efficiency rating.
PSC 133.04(13)
(13) Other necessary information. Any other information necessary to understand the project.
PSC 133.04(14)
(14) Commission requested information. Any other information requested by the commission.
PSC 133.04 History
History: Cr.
Register, February, 1959, No. 38, eff. 3-1-59:
CR 07-020: am. (intro.), (1) (intro.), (2) to (5), cr. (1) (a) to (d), (6), (9), (11), (12) and (14), renum. (6), (7), (8) and (9) to be (7), (8), (10) and (13) and am.
Register October 2007, No. 622, eff. 11-1-07.
PSC 133.05
PSC 133.05
Pre-application consultation. For any gas public utility project that requires a certificate of authority and is required to follow the department permit procedure for utility facilities under s.
30.025, Stats., the utility shall consult with the commission and department during development of the applications to discuss project scope, alternatives, routes or locations, and information required for the applications.
PSC 133.05 History
History: Cr.
Register, February, 1959, No. 38, eff. 3-1-59; correction in (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register April 2007 No. 616;
CR 07-020: r. and recr.
Register October 2007 No. 622, eff. 11-1-07.
PSC 133.06(1)
(1)
Hearing requirements. The commission is not required to hold a hearing on a gas public utility application for a certificate of authority unless any of the following apply:
PSC 133.06(1)(a)
(a) The application proposes a change in the type of gas or proposes the construction, installation, or the placing in operation of plant that contemplate a change in the type of gas.
PSC 133.06(1)(c)
(c) The proposed project requires the preparation of an environmental impact statement under s.
1.11, Stats.
PSC 133.06(2)
(2) Commission authority. The commission may grant or deny an application in whole or in part, subject to any modification or condition the general public interest or public convenience and necessity may require.
PSC 133.06 History
History: Cr.
Register, February, 1959, No. 38, eff. 3-1-59; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register April 2007 No. 616;
CR 07-020: r. and recr.
Register October 2007 No. 622, eff. 11-1-07.
PSC 133.07(1)(a)(a) A gas public utility may enter into a territorial agreement with another gas public utility. A gas public utility that enters into a territorial agreement shall file the territorial agreement with the commission for review and approval.
PSC 133.07(1)(b)
(b) A territorial agreement does not grant a gas public utility authority to serve in a municipality.
PSC 133.07(1)(c)
(c) A gas public utility which seeks approval of a territorial agreement shall include in its filing all of the following:
PSC 133.07(1)(c)1.
1. Identification of any commission action or docket that granted a gas public utility authority for providing service in the municipality affected by the agreement.
PSC 133.07(1)(c)2.
2. A detailed map and the legal description of the area covered by the territorial agreement.
PSC 133.07(1)(c)3.
3. An evaluation demonstrating how the territorial agreement will avoid controversy over the area to be served by each utility, avoid duplication of facilities, and provide more efficient service.
PSC 133.07(2)(a)1.1. When one gas public utility is authorized by the commission to provide gas service in a municipality, and that utility has entered into a territorial agreement with another gas public utility that does not have commission authorization to serve in the municipality, the additional utility shall apply for and receive from the commission a certificate under ss.
196.49 and
196.50, Stats., before it can provide gas utility service in the municipality.
PSC 133.07(2)(a)2.
2. If the service area sought by one of the utilities covered by the territorial agreement requires commission approval under this paragraph, that utility's filing for a certificate of authority shall include an evaluation demonstrating why provision of service by an additional utility in the municipality is needed.
PSC 133.07(2)(a)3.
3. If a certificate of authority is granted, the certificate will specify the portions of the municipality in which the additional utility is authorized to serve. Any subsequent amendments to the territorial agreement between the utilities will be considered under
par. (b).
PSC 133.07(2)(b)
(b) When 2 or more gas public utilities are authorized by the commission to provide gas service in a municipality, and the service area boundaries of the utilities are identified in a territorial agreement, the authorized service areas may be modified without the need for the commission to issue amended or additional certificates of authority if the commission approves an amended territorial agreement to which all affected gas public utilities are signatories. Commission approval of an amended territorial agreement constitutes amended authorizations.
PSC 133.07(2)(c)
(c) When more than 2 gas public utilities are authorized by the commission to provide gas service in a municipality, and the service area boundaries of some, but not all, of the utilities are identified in a territorial agreement, the authorized service areas may be modified without the need for the commission to issue amended or additional certificates of authority if the commission approves an amended territorial agreement after giving opportunity for the gas public utility not covered by the amended boundary agreement to object. If an objection is received, the commission may proceed with approving the amended territorial agreement or may require the agreement signatories to apply for amended certificates of authority. Commission approval of an amended territorial agreement constitutes amended authorizations.
PSC 133.07(3)
(3) Filing deadline. Requests for approval of territorial agreements shall be filed with the commission before the utilities provide service as permitted under the agreement. Amended territorial agreements shall be filed with the commission within 30 days after the date the amended agreement is signed and shall request commission approval of the proposed change.
PSC 133.07(4)
(4) Waiver of rights. The commission will consider a signed territorial agreement to be a waiver of any rights a signatory to the agreement may have under ss.
196.49 and
196.50, Stats., or under this chapter to object to the provision of natural gas service by the other signatory utility in those portions of the municipality assigned to the waiving utility.
PSC 133.07 History
History: CR 07-020: cr.
Register October 2007 No. 622, eff. 11-1-07.
PSC 133.08(1)
(1)
Current authority in annexing municipality. A gas public utility that is authorized to provide service in a municipality that annexes an area of another municipality does not need further commission approval to provide service in a newly annexed portion if any of the following apply:
PSC 133.08(1)(a)
(a) The utility is also authorized to provide service in the municipality from which the area is annexed.
PSC 133.08(1)(b)
(b) No other gas public utility is authorized to provide service in the municipality from which the area is annexed.
PSC 133.08(1)(c)
(c) Another gas public utility is authorized to provide service in the municipality from which the area is annexed but does not have facilities or serve customers in the annexed area.
PSC 133.08(2)
(2) Current authority in annexed area. A gas public utility that is authorized to provide service in a municipality from which an area is annexed may apply for commission authorization under ss.
196.49 and
196.50, Stats., to provide service in the annexed area when another gas public utility is authorized to provide service in the annexing municipality and neither gas public utility has facilities or serves customers in the annexed area. The commission shall determine which portions of the annexed area may be served by each utility.
PSC 133.08(3)
(3) New authority to serve annexed area. A gas public utility that is authorized to provide service in a municipality that annexes an area of another municipality shall apply for commission authorization under ss.
196.49 and
196.50, Stats., to provide service in an annexed area if another gas utility is authorized to provide service in the municipality from which the area is annexed and is serving customers or has facilities in the annexed area. The commission shall determine which portions of the annexed area may be served by each utility.
PSC 133.08(4)
(4) Continued authority to serve annexed area. A gas public utility that is not authorized to provide service in a municipality that annexes an area of another municipality in which the utility is authorized to provide service shall apply for commission authorization to allow continued service to existing customers in the annexed area. The utility may continue to serve existing customers while the commission acts on the authorization request. The commission shall determine whether the utility may provide gas service to any other portions of the annexing municipality.
PSC 133.08(5)
(5) Newly incorporated municipalities. Subsection (4), as it applies to newly-annexed areas, shall apply to newly-incorporated municipalities.
PSC 133.08(6)
(6) Application requirements. Applications under this section shall include all of the following:
PSC 133.08(6)(a)
(a) The commission action or docket that granted authority for providing service in the annexing municipality and the municipality from which an area is annexed.
PSC 133.08(6)(c)
(c) An evaluation demonstrating how service to customers in the annexed area could be provided economically and efficiently by the applicant.
PSC 133.08(6)(d)
(d) If the service area sought by the utility in the annexed area requires a commission approval under s.
196.50, Stats., the filing shall include an evaluation demonstrating why provision of service by a second utility in the municipality is needed.
PSC 133.08 History
History: CR 07-020: cr.
Register October 2007 No. 622, eff. 11-1-07.
