Rule-Making Notices (Hearing Notices)

Related statutes or rules

Section 196.74, Stats., which requires utilities to construct, operate, and maintain facilities in a reasonably adequate and safe manner.

Chapter SPS 316, which is volume 2 of the Wisconsin State Electrical Code.

Brief summary of rule

Volume 1 of the Wisconsin State Electrical Code (WSEC), codified in ch. PSC 114, is administered by the Commission. It deals with safety requirements for the installation, operation, and maintenance of primarily outdoor electric supply and communications lines and facilities used by utilities, including electric and telecommunications suppliers, railroads, and cable television providers.

Chapter PSC 114 has been, and is, based on the National Electrical Safety Code (NESC). The NESC is revised and updated every five years necessitating subsequent periodic revision of WSEC, Volume 1, to adopt the latest national standard. The 2012 edition of the NESC was issued in August 2011. A corresponding revision of ch. PSC 114 is necessary to implement the latest edition of the national code and make any other necessary changes to update and improve the code. A technical advisory committee was appointed and met to recommend and discuss rule changes.

The changes to ch. PSC 114 are summarized as follows:

PSC 114.003 (2): The heading is renamed to meet current drafting convention, and references to the repealed s. 101.865 Stats., in the subsection and note are deleted. The existing Paragraph (b) is deleted and recreated as subsection (5) in this section to meet current drafting convention.

A new paragraph (b) is created to require utilities to obtain proof of compliance with the Wisconsin Electrical Code before extending service to premises. This provision reflects the longstanding statutory requirement in s. 101.865, Stats. which was repealed by 2007 Act 63. The requirements of that provision are retained in the rule of the Department of Safety and Professional Services, s. SPS 316.950, which covers the connection of electric service. The Department of Safety and Professional Services, however, does not have authority over utilities. The proposed rule places the same requirements as found in s. SPS 316.950 on utilities under the Commission's jurisdiction. Requiring utilities to obtain proof of compliance protects utility workers and property, as well as the public from the hazards of energizing of service to premises that do not comply with the Wisconsin State Electrical Code.

PSC 114.005 (8): Subsection (8) was created to offer guidance to utilities in dealing with situations not specifically addressed by ch. PSC 114. The language in this provision is similar to that in NESC under 012C.

PSC 114.215C4b and PSC 114.215C5b: For both of these subsections, a new exception is added for supply cables meeting Rule 230C3. Changes in the 2007 and 2012 NESC make it difficult to interpret where to install guy insulators, and this exception clarifies the requirements. This exception does not eliminate the public safeguards including the requirement that the bottom of insulators be placed 8 feet or more above ground level.

PSC 114.219 (2) (a): An additional recommended change involves s. PSC 114.219 (2) (a) referencing American National Standards Institute (ANSI) standard Z535 pertaining to the format and color for signage required for high voltage supply line poles and structures. The existing rule references ANSI Z535.4 2006 which covers product safety signs. The proposed change is to, instead, reference ANSI Z535.2 which covers environmental and facility safety signs and, as such, is a more appropriate reference for high voltage supply line poles and structures than the existing reference to product safety signs. Further, the reference should reflect the most recent version of ANSI Z535 which is 2011.

Table PSC 114.232-1, footnotes: The editorial revisions to the footnotes reflect NESC-2012 updates to footnotes for NESC Table 232-1.

Footnote 26 is added to define bodies of water not suitable for sail boating, which is not provided in NESC Table 232-1. NESC rules prescribe greater clearances for bodies of water suitable for sail boating than for those which are unsuitable. This definition in Footnote 26 clarifies when the greater clearance requirements apply.

PSC 114.234C1c: The substitution of the term “dwelling unit" for “occupancies" relies on the definition of “dwelling unit" in ch. SPS 316, which adopts the NESC 2008 definition of dwelling unit by reference, instead of the undefined “occupancies." Other changes are made to meet current drafting convention, and the references to ch. SPS 316 are corrected.

PSC 114.234C1a: Addition of the language “flagpoles, flags and banners" matches revised language in 2012 NESC.

PSC Table 114.253-2: This table was deleted in its entirety consistent with the removal of the table in 253-2 in the 2012 NESC.

PSC 114.261-1A: Table PSC 114.261-1A is renumbered to be Table PSC 114.261-1, and Footnotes 2 and 3 are deleted in their entirety so as to rely instead on the corresponding NESC Footnotes 2 and 3 for this table.

PSC 114.410: The existing Note 3 is deleted and replaced with Note 4, which sets an expectation for cooperation and sharing of information in order to fulfill the requirements of the NESC rule concerning arc hazard risk assessment in a facility.

Comparison with existing or proposed federal legislation

The National Electric Safety Code, which is incorporated by reference in ch. PSC 114, covers provisions for safeguarding of persons from hazards arising from installation, operation, or maintenance of conductors and equipment in electric supply stations, and overhead and underground electric supply and communication lines. The federal standard is applicable to systems and equipment owned by utilities.

Comparison with similar rules in surrounding states

This rulemaking adopts the latest edition of the National Electric Safety Code (NESC). Minnesota automatically adopts each new NESC edition by reference. Michigan does not specifically adopt the NESC but effectively does so by referencing it as “standards of good practice." Iowa adopts all but Part 4, and Illinois adopts sections of Part 1 and Parts 2 and 3.

Effect on small business

The s. 227.114 (1), Stats., definition of “small business" states that to be considered a small business, the business must not be dominant in its field. Since they are monopolies in their service territories, electric utilities are dominant in their fields and, so, are not small businesses.

Initial Regulatory Flexibility Analysis

This rule will not affect small businesses. The s. 227.114 (12), Stats., definition of “small business" states that to be considered a small business, the business must not be dominant in its field. Since electric utilities are monopolies in their service territories, they are dominant in their fields and, so, are not small businesses.

Fiscal Estimate

An Economic Impact Analysis is attached.

Contact Person

Questions regarding this matter should be directed to Mohammed Monawer, Docket Coordinator, at [phone] or [e-mail]. Small business questions may be directed to Anne Vandervort at [phone] or [e-mail]. Media questions should be directed to Matt Pagel, Communications & Policy Liaison, at [phone]. Hearing- or speech-impaired individuals may also use the commission's TTY number: if calling from Wisconsin, [phone]; if calling from outside Wisconsin, [phone].

The commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding, or who needs to get this document in a different format, should contact the Docket Coordinator as indicated in the previous paragraph as soon as possible.

Text of the Rule

SECTION 1. Chapter PSC 114 is repealed and recreated to read:

Chapter PSC 114

WISCONSIN STATE ELECTRICAL CODE, VOLUME 1

Subchapter I — Administration and Enforcement

PSC 114.001     General information.

PSC 114.002     Purpose and scope.

PSC 114.003     Authority and statutory references.

Subchapter II — General Requirements

PSC 114.004     General requirements.

PSC 114.005     Application of rules.

PSC 114.006     Adoption of standard by reference.

Subchapter III — Omissions, Changes or Additions to NESC-2012

PSC 114.007     Omissions, changes or additions to NESC-2012.

PSC 114.010     Omissions.

PSC 114.02     Definitions.

PSC 114.092B2b(3)   Cable with insulating jacket

PSC 114.092D     Current in grounding conductor

PSC 114.094     Grounding electrodes.

PSC 114.096C     Multi-grounded systems.

PSC 114.097     Separation of grounding conductors.

PSC 114.099     Additional requirements for grounding and bonding of communication apparatus and transmission lines.

Part 2 — Safety Rules for the Installation and Maintenance of Overhead Electric Supply and Communication Lines

PSC 114.202     Application of rules.

PSC 114.210     Referenced sections.

PSC 114.215C     Non-current-carrying parts

PSC 114.219     Marking of poles and structures carrying high voltage supply lines.

PSC 114.230A     Clearances.

PSC 114.230I     Maintenance of clearances and spacings.

PSC 114.234C1a   Vertical and horizontal clearances.

PSC 114.234C1c   Transmission lines over dwelling units.

PSC 114.234C3d   Supply conductors attached to buildings or other installations.

PSC 114-234C6   Clearance of lines near stored materials.

PSC 114-234C7   Clearance of lines near fuel storage tanks.

PSC 114-234C8   Clearance of lines near wells.

PSC 114-234C9   Clearance of lines near antennas.

PSC 114-234E1   Swimming pools.

PSC 114-234F1   Grain bins loaded by permanently installed augers, conveyers, or elevator system.

PSC 114.235C2b (1) (a) Sag-related clearances.

PSC 114.242G     Grades of construction for conductors.

PSC 114.250C     Extreme wind loading.

PSC 114.250E     Longitudinal capability.

Table PSC 114.253-1 Load factors for structures, crossarms, support hardware, guys, foundations, and anchors to be used with the strength factors of Table 261-1.

Table PSC 114.261-1 Strength factors for structures, crossarms, braces, support hardware, guys, foundations, and anchors.

Part 3 — Safety Rules for the Installation and Maintenance of Underground Electric Supply and Communication Lines

PSC 114.302     Application of rules.

PSC 114.310     Referenced sections.

PSC 114.317     Outdoor location of oil-insulated padmounted transformers near buildings.

PSC 114.320B7   Separation from other underground installations-gas lines.

PSC 114.323E3   Vault and utility tunnel access.

PSC 114.350F     General

Table PSC 114.352-1 Supply cable, conductor, or duct burial depth.

PSC 114.353E     Deliberate separations – Equal to or greater than 300 mm (12 in) from underground structures or other.

PSC 114.354D1g   Random separation - Separation less than 300 mm (12 in) from underground structures or other cables.

PSC 114.354E     Supply and communication cables or conductors, foundations and water and sewer lines.

PSC 114.381H     Warning signs.

Part 4 — Rules for the Operation of Electric Supply and Communications Lines and Equipment