Rule-Making Notices
Notice of Hearing
Public Service Commission
(PSC Docket # 1-AC-238)
NOTICE IS GIVEN that pursuant to s.
227.16 (2) (b), Stats., the Public Service Commission of Wisconsin will hold a public hearing at the time and place below to consider an order to repeal and recreate ch.
PSC 114 regarding the adoption of the 2012 Edition of the National Electrical Safety Code into Volume 1 of the State Electrical Code.
Hearing Information
Date: Friday, June 28, 2013
Time: 2:00 p.m.
Location: Amnicon Falls Hearing Room
Public Service Commission Building
610 North Whitney Way
Madison, Wisconsin
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.
Written Comments
Any person may submit written comments on these proposed rules. The record will be open for written comments from the public, effective immediately, and until Monday, July 15, 2013 at noon. All written comments must include a reference on the filing to docket 1-AC-238. File by one mode only.
Industry
File comments using the Electronic Regulatory Filing system. This may be accessed from the commission's website (psc.wi.gov).
Members of the public
Please submit your comments in one of the following ways:
Electronic Comment. Go to the commission's web site at
http://psc.wi.gov, and click on the “ERF - Electronic Regulatory Filing" graphic on the side menu bar. On the next page, click on “Need Help?" in the side menu bar for instructions on how to upload a document.
Web Comment. Go to the commission's web site at
http://psc.wi.gov, click on the “Public Comments" button on the side menu bar. On the next page select the “File a comment" link that appears for docket number 1-AC-238.
Mail Comment. All comments submitted by U.S. mail must include the phrase “Docket 1-AC-238 Comments" in the heading, and shall be addressed to:
Sandra J. Paske, Secretary to the Commission
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854
The commission does not accept comments submitted via e-mail or facsimile (fax). Any material submitted to the commission is a public record and may appear on the commission's web site. The commission may reject a comment that does not comply with the requirements described in this notice.
Analysis Prepared by the Public Service Commission of Wisconsin
Statutory authority and explanation of authority
Section
227.11 authorizes agencies to promulgate administrative rules. Section
196.02 (1) authorizes the commission to do all things necessary and convenient to its jurisdiction. Section
196.02 (3) grants the commission specific authority to promulgate rules.
Section
196.74 provides specific authority to promulgate these rules, stating in relevant part: “Each public utility and railroad which owns, operates, manages or controls along or across any public or private way any wires over which electricity or messages are transmitted shall construct, operate and maintain the wires and any related equipment in a manner which is reasonably adequate and safe and which does not unreasonably interfere with the service furnished by any other public utility or railroad. The commission may issue orders or rules, after hearing, requiring electric construction and operating of such wires and equipment to be safe. The commission may revise the orders or rules as may be required to promote public safety...."
Statute interpreted
This rule interprets s.
196.74, Stats.
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 (608) 266-3900 or
mohammed.monawer@wisconsin.gov. Small business questions may be directed to Anne Vandervort at (608) 266-5814 or
anne.vandervort@wisconsin.gov. Media questions should be directed to Matt Pagel, Communications & Policy Liaison, at (608) 267-2160. Hearing- or speech-impaired individuals may also use the commission's TTY number: if calling from Wisconsin, (800) 251-8345; if calling from outside Wisconsin, (608) 267-1479.
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:
WISCONSIN STATE ELECTRICAL CODE, VOLUME 1
