Rule-Making Notices (Hearing Notices)

Madison

Thursday, July 25, 2002 at 9:00 a.m.

Room 120, State Office Building

141 Northwest Barstow

Waukesha

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jeff Bode at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The Department anticipates no net fiscal impact associated with this rule as anticipated increased revenues are expected to offset the cost of processing applications for aquatic plant management permits. The fee schedule is based upon the size and the complexity of the project. The application fee schedule is $30 per acre with a maximum fee of $300 for projects over 10 acres. Based on its estimate of the number of lake organizations operating aquatic plant harvesting programs, the Department assumes that it will issue 125 permits at an average of $240 per permit, thus generating $30,000 in revenue annually. Additionally, the Department estimated that a large-scale, or $300 permit would require an average of 10 hours of DNR employee time at an average of $30 per hour for salary, fringe and related costs. Thus the fee revenue generated is expected to offset the cost of administering the permit program.

Under the new law, the Department may require that an application contain an aquatic plant management plan, although the Department intends to phase in this requirement over several years such that applications for the first few years will not require a plan. Although there are costs to local governments related to preparing aquatic management plans, such costs are eligible for cost-sharing under the Department's lake management planning grant program, and such plans have utility beyond applying for aquatic plant management permits. (Preparing an aquatic plant management plan also enables a governmental unit of lake organization to become eligible for 50% cost-sharing on the purchase of capital equipment for aquatic plant management.)

Contact Person

Written comments on the proposed and emergency rules may be submitted to Mr. Frank Koshere, Water Resources Biologist, DNR Superior Service Center, 1401 Tower Avenue. Superior, WI 54880 no later than August 23, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-29-02], the emergency rule [FH-28-02(E)] and fiscal estimate may be obtained from Mr. Jeff Bode, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707.

Notice of Hearing

Natural Resources
(Environmental Protection-WPDES)

[CR 02-059]

NOTICE IS HEREBY GIVEN that pursuant to ss. 283.31, 283.37 and 227.11 (2) (a), Stats., interpreting ss. 283.31 and 283.37, Stats., the Department of Natural Resources will hold a public hearing on the repeal and recreation of s. NR 200.03 (5), Wis. Adm. Code, relating to WPDES permit exemptions for private sewage systems with a design capacity of less than 12,000 gallons per day. Section NR 200.03 defines which private sewage systems, receiving domestic wastewater, would be excluded from Wisconsin pollutant discharge elimination system (WPDES) permits. Under the proposed revision, it is clarified that two or more systems may be subject to a WPDES permit if they are commonly owned, located within 1,500 feet of another system, and each system has a design capacity of greater than 2,000 gallons per day.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Thursday, July 11, 2002 at 10:00 a.m.

Room 511, GEF #2

101 South Webster Street

Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Tom Gilbert at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The proposed code revision is not expected to have a fiscal impact on state or local governments.

Contact Person

Written comments on the proposed rule may be submitted to Mr. Tom Gilbert, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than July 19, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WT-26-02] and fiscal estimate may be obtained from Mr. Gilbert.

Notice of Hearing

Natural Resources
(Environmental Protection-Air Pollution Control)

[CR 02-076]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 285.11 (1) and (6), Stats., interpreting s. 285.11 (6), Stats. the Department of Natural Resources will hold a public hearing on revisions to ch. NR 428 relating to the reduction of NOx emissions to attain the 1-hour ambient air quality standard for ozone in southeastern Wisconsin. The proposed rule modifies the emissions averaging provisions of ch. NR 428 which are an alternative compliance option for sources required to achieve emission reductions of nitrogen oxides (NOx).

Major utilities are required to reduce NOx emissions as part of Wisconsin's attainment demonstration for the 1-hour ambient air quality standard for ozone in southeastern Wisconsin. This proposed rule modifies the emissions averaging rule provisions to make them compatible with USEPA guidance on economic incentive programs.

The order also establishes a new categorical emission limit on NOx emissions from combined cycle combustion turbines fired on fuel derived from an integrated gasification process.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 1.11Stats., and ch. NR 150 Wis. Adm. Code, that this is anticipated to be a Type III action. A Type III action is one that normally does not have the potential to cause significant environmental effects, normally does not significantly affect energy usage and normally does not involve unresolved conflicts in the use of available resources.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Thursday, July 11, 2002 at 1:00 p.m.

Room 141, DNR Southeast Regional Office

2300 North Dr. Martin Luther King Jr. Dr.

Milwaukee

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dennis Koepke at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The rule revisions have no additional fiscal impact.

Contact Person

Written comments on the proposed rule may be submitted to Mr. Dennis Koepke, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than July 12, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing.

A copy of proposed rule AM-35-02 and its fiscal estimate may be obtained from:

Proposed Rules

Bureau of Air Management

P.O. Box 7921

Madison, WI 53707

Phone: [phone]

FAX: [phone]

Notice of Hearings

Public Service Commission

The Public Service Commission of Wisconsin proposes an order to revise ch. PSC 165.

NOTICE IS HEREBY GIVEN that pursuant to s. 227.16 (2) (b), Stats., the Commission will hold public hearings on these proposed rule changes in the Amnicon Falls Hearing Room, at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on July 30 and 31, 2002 at 9:00 am.

This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.

Analysis prepared by the Public Service Commission of Wisconsin

Statutory authority: ss. 196.02 (3), 196.219 (3) (L) and 227.11 (2), Stats.

Statute interpreted: s.s 196.03 (1), 196.06 (3), 196.12 (1), and 196.219, Stats. Chapter PSC 165 contains a number of consumer protection regulations for certain telecommunications providers. These include regulations in areas such as: applications for service, customer billing, information available to customers, deposits, deferred payment agreements, service restrictions, disconnection of service, customer complaints, dispute procedures and telephone directories.

In 1994 the legislature passed 1993 Wis. Act 496, which significantly changed the area of telecommunications regulation. The Act introduced much more competition and customer choice into the telecommunications field. As a result, new problems and areas of concern have arisen which prompted the Commission to reexamine its current administrative rules to see which are outmoded and should be removed and which areas require new rulemaking. The Commission examined the rule in two parts: technical standards and issues, and consumer protection issues. Although minor changes such as cite references and language clarification were made to the technical pieces, the rule changes focus on the consumer protection issues. Changes to the technical portions were explored in a separate Commission proceeding.

The Commission is proposing the following revisions to ch. PSC 165 to reflect the evolution of the telecommunications market and telecommunications technology. Because the current rule predates major changes in the telecommunications industry, it does not specifically address consumer protection issues such as “slamming" and “cramming," or the creation of consumer assistance programs. For this reason, several new sections were added to ch. PSC 165 to address these issues.

The proposed rule with revisions applies to providers such as incumbent local exchange carriers, competitive local exchange carriers, and resellers. It does not apply to wireless providers and only applies to interexchange carriers if they are providing local or intrastate toll service and, even then, only to that portion of their business.

The Commission has worked closely with representatives from the telecommunications industry, community groups and other state agencies in preparing these revisions and creating several new sections of the rule. These individuals have provided extensive advice and input concerning these proposed rules, and many of the changes result directly from that input.

The rule has been given a delayed effective date (two months from publication) to give companies time to make changes necessary as a result of the revised rules. The rule has been reorganized into subchapters and renumbered to make it more readable and “user-friendly." A general description of new and changed sections follows. Sections not listed are technical portions that were considered in a separate rulemaking.

Section PSC.165.0101 deals with the scope and purpose of the rules. This section has been reorganized for clarity and a reference to s. 196.219, Stats., was added to the list of statutes implemented by the rule.

Section PSC 165.0102 contains definitions of the terms used in the chapter. Minor changes were made to 7 definitions to reflect their usage in the revised rules, and 2 definitions were deleted. It was necessary to add twenty-four definitions because of rule revisions and the addition of several new sections to the rule.

Section PSC 165.0201 on preservation of records itemizes some of the records telecommunications providers must preserve and establishes the time periods they must be retained. Some new categories of records were added and others were consolidated here from other parts of the existing rule. Retention time periods changed.

Section PSC 165.0202 on customer complaints requires telecommunications providers to investigate customer complaints. The proposed changes to this section establish the time period for customer complaint record retention and how telecommunications providers categorize customer complaints. One portion was moved unchanged and renumbered to s. PSC 165.0804.

A new s. PSC 165.0301 was created to define and standardize the application process for new telecommunications service. One provision allows a provider to restrict an applicant's toll service for ten days to investigate and establish the applicant's responsibility for a disputed outstanding bill.

Section PSC 165.0302 sets forth the various types of information providers must make available to customers and the method and frequency of providing that information. The expansion of this section reflects the complexity of telecommunications services today and the need for customers to be given accurate and consistent information on a regular basis.

Section PSC 165.0303 on dispute procedures explains the utility and Commission processes available to customers for handling service inquiries or problems. Language was added to address disputes involving third party billing agents and modern payment methods. The proposed changes also clarify the Commission review and appeal processes.

A new s. PSC 165.0304 is created to address the problem of “slamming" which is the unauthorized changing of a customer's telecommunications provider. This section incorporates the federal statutory requirements for making provider selection changes with only minor modifications to reflect Wisconsin drafting conventions.

A new s. PSC 165.0305 on provider selection freezes is created to provide customers with a way to retain the telecommunications provider selected by the customer until the customer provides the required authorization for a change to another telecommunications provider. The proposed draft rule mirrors the federal rule except for minor modifications to reflect Wisconsin drafting conventions.

Section PSC 165.0306 on directories sets forth information and publication requirements for provider directory listings. The changes to this section update obsolete language and include an electronic format option. Providers may fulfill the requirements of this section by having the required information concerning itself and its customers included in the applicable directory of another provider that is meeting the requirements under this section.

A new s. PSC 165.0307 is created to provide rules for the development of telecommunications assistance programs (TelCAP). The purpose of these programs is to increase or stabilize subscription levels for essential telephone service, or to address avoidance of disconnection of service to low-income households or other customers with payment problems. Ameritech is currently operating one such telecommunications plan under a pilot program approved by the Commission.

A new s. PSC 165.0308 is created to expressly prohibit oppressive and deceptive practices. Similar language was incorporated into the revised service rules for electrical utilities, which became effective on August 1, 2000. This section is not intended to limit or usurp the Department of Agriculture, Trade and Consumer Protection's authority or powers under ch. 100 and related administrative rules.

Section PSC 165.0401 on customer billing sets forth the minimum standards for information to be included on customer bills. The proposed changes incorporate federal “Truth-in-Billing" language with the goal of making telecommunications bills easier for consumers to read and understand. A provision was added allowing providers to assess a late payment charge on residential and business bills. Ameritech is currently allowed to impose late payment charges as part of an ongoing TelCAP program approved by the Commission. This section also includes proposed language to compensate consumers for out-of-service situations, missed appointments and installation delays.

Section PSC 165.0402 on deposits for residential service explains the conditions under which a provider may request a deposit from a new or existing customer. New language defines the formula for calculating the deposit amount and requires a provider to explain why a deposit is required, and how the deposit amount was determined. A provision was added allowing a provider to accept advance payments or impose service restrictions in lieu of accepting a deposit from a residential customer.

A new s. PSC 165.0403 is created to detail the conditions under which a provider may request a deposit from a business customer. Business deposits had been part of a general section on deposits. The proposed language allows a provider to request a deposit on an existing account, defines the formula for calculating the deposit amount and requires a provider to explain why a deposit is required, and how the deposit amount was determined. A provision was added allowing a provider to accept advance payments or impose service restrictions in lieu of accepting a deposit from a business customer.

Section PSC 165.0404 on deferred payment agreements outlines the details of payment plans provided to customers when they are unable to pay the amount owing in full. A provision allowing service restrictions during a deferred payment agreement has been incorporated into this section. Ameritech is currently allowed to impose such service restrictions as part of an ongoing TelCAP program approved by the Commission.

A new s. PSC 165.0501 on refusal of service is created to clarify the circumstances under which a provider can and cannot refuse initial service. Much of the language was previously included in “Disconnection and refusal of service" but was given its own section to specifically address situations involving the application process. Proposed language reflects current residency and identification issues. A provision was added allowing a provider to impose a toll restriction while investigating and establishing an applicant's responsibility for an outstanding bill from the provider.

A new s. PSC 165.0502 on restriction of service is created to define the conditions under which a telecommunications provider can restrict a customer's service and the limitations on those restrictions. This section addresses both voluntary and involuntary service restrictions and codifies several provisions that are currently part of an ongoing TelCAP program approved by the Commission. Providers may now impose mandatory toll restriction and limit access to services such as third number and collect-call billing, pay-per-call and advanced calling features during a deferred payment agreement, in lieu of a deposit, and when an applicant for new service has an unpaid balance with the provider.

Section PSC 165.0503 on disconnection of service includes modifications that update and clarify current rule language. A major change to this section involves the addition of a provision prohibiting the disconnection of local service for non-payment of ECC or toll charges. Other changes include increasing the period of time allowed for bill payment and the receipt of disconnection notices, and the expansion of the provision on medical or protective service emergencies. The medical or protective service emergency provision is currently part of an ongoing TelCAP program approved by the Commission.

Section PSC 165.0606 on business office answering time standards defines acceptable performance levels for customer calls made in order to obtain information or transact business such as establishing service, changing service, making bill inquiries, or establishing payment arrangements. Language was included requiring providers to calculate and record average connection and answer speed data, but only if the provider uses a computerized call center to respond to customer calls.

Initial Regulatory Flexibility Analysis

These rules apply to all telecommunications providers other than wireless carriers and, to the extent they provide local service or intrastate toll, interexchange carriers. This includes incumbent local exchange companies (ILECs), competitive local exchange companies (CLECs), cooperatives, and alternative telecommunications utilities such as resellers. Many of these companies are small businesses under s. 227.114, Stats. For example, 76 ILECs are small telecommunications utilities. Under s. 196.216, Stats., small telecommunications utilities are considered small businesses. The Commission created a workgroup of industry representatives and members of the public in order to gather input as these rules were drafted. In an effort to recognize and, to the extent practicable, minimize the potential impact of the rules on small businesses, the Commission specifically named industry members who represented small telecommunications businesses to the workgroup. Each subcommittee also had a small business representative. Any methods for reducing the impact on small business that the Commission feels are feasible have been incorporated into the rule.

Fiscal Effect

This rule change has no fiscal impact. A completed Fiscal Estimate form is included as Attachment C.