Rule-Making Notices (Hearing Notices)

Note: Grounding and bonding conductors are covered by Rule 093.

PSC 114.353E Deliberate separations — Equal to or greater than 300 mm (12 in) from underground structures or other cables. [Follows NESC 353D, p. 252] (Addition) Add the following paragraph E to read:

E. Gas lines

The separation in any direction of gas pipelines from direct-buried electric supply and communication facilities shall be a minimum of 0.3 m (12 in).

Exception: If this clearance cannot be attained, the gas line shall be protected from damage that might result from the proximity of the electric supply or communication direct-buried system.

PSC 114.354D1g Random separation — Separation less than 300 mm (12 in) from underground structures or other cables. [NESC 354D1g, p. 253] (Change) Change paragraph g to read:

g. Adequate bonding shall be provided between the effectively grounded supply conductor or conductors and the communication cable shield or sheath at intervals that should not exceed 300 m (1,000 ft). At each above or below grade transformer or above or below grade pedestal, all existing grounds shall be interconnected. These include the primary neutral, secondary neutral, power cable shield, metal duct, or sheath and communication cable sheath. Communication protectors, communication service cable shields and secondary neutrals shall be connected to a common ground at each customer's service entrance when communication circuits are underground without separation from power conductors.

PSC 114.354E Supply and communication cables or conductors and non-metallic water and sewer lines. [NESC 354E, p. 254] (Change) Change paragraph E to read:

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

(1) Supply cables and conductors and water and sewer lines or foundations may be buried together with no deliberate separation between facilities and at the same depth, provided all parties involved are in agreement.

(2) Communication cables and conductors and water and sewer lines or foundations may be buried together with no deliberate separation between facilities and at the same depth, provided all parties involved are in agreement.

(3) Supply cables or conductors, communication cables or conductors, water and sewer lines or foundations may be buried together with no deliberate separation between facilities and at the same depth, provided the applicable rules in Rule 354D are met and all parties involved are in agreement.

Section 38. Equipment

PSC 114.381H Warning signs. [Follows NESC 381G, p. 257] (Addition) Add paragraph H to read:

H. Warning signs

1. Where a padmounted transformer, switchgear, pedestal, or similar above-grade enclosure is not within a fenced or other protected area and contains live parts in excess of 600 volts, a permanent and conspicuous warning sign shall be provided on the outside of the enclosure which meets the requirements as to format and color of American National Standards Institute standard ANSI Z535.1-2011, ANSI Z535.2-2011, ANSI Z535.3-2011, ANSI Z535.4-2011, and ANSI Z535.5-2011 for safety signs.

2. Electric supply equipment installed prior to July 1, 2003 shall be signed to comply with these rules or the rule in effect in 2003. Warning signs installed as replacements or installed on new facilities shall comply with the standard as prescribed in s. PSC 114.381H1 above. The “Mr. Ouch" symbol may be used as the optional pictorial part of this sign.

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

Section 40. Purpose and Scope

PSC 114.402 Referenced sections. [NESC 402, p. 261] (Change) Change first sentence of Rule 402 to read:

The Introduction (Section 1) as amended by s. PSC 114.010, Definitions (Section 2) as amended by Section 2 of Chapter PSC 114, List of Referenced Documents (Section 3), and Grounding Methods (Section 9) as amended by Section 9 of Chapter PSC 114, shall apply to the requirements of Part 4.

Section 41. Supply and communications systems — Rules for employers

PSC 114.410 General requirements. [NESC 410A3, p. 262] (Addition) Add the following clarifying note to Rule 410A3b:

Note 4: It is the intent of this rule that the facility owner and equipment owner cooperate to provide the necessary arc assessment of their respective area of responsibility where work is to be performed. Either the facility owner or the equipment owner may request the appropriate information from the other party and perform the assessment on behalf of the other.

SECTION 2. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.

(end)

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title, and Number
Ch. PSC 114 Wisconsin State Electrical Code, Volume 1
3. Subject
Electric safety and adopting the latest National Electrical Safety Code into Volume I of the Wisconsin Sate Electrical Code.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The existing ch. PSC 114 administers an outdated version of the National Electric Safety Code. This rulemaking updates the rule to include provisions from the latest version of that code.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
All electric utilities; Wisconsin Utilities Association; Utility Workers Associations; Wisconsin Federation of Independent Business; Wisconsin Manufacturers and Commerce; Citizens Utility Board, League of Wisconsin Municipalities, Wisconsin Towns Association,. Wisconsin Alliance of Cities, IBEW, Municipal Electric Utilities of Wisconsin.
11. Identify the local governmental units that participated in the development of this EIA.
Municipalities with municipal electric utilities and members of the League of Wisconsin Municipalities, Wisconsin Towns Association, and Wisconsin Alliance of Cities.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units, and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
There are no estimated state fiscal effects from the draft revisions to ch. PSC 114 Wisconsin State Electrical Code, Volume 1. As drafted, the revised Wisconsin State Electrical Code, Volume 1 adopts federal requirements as state rule. The proposed rule clarifies 1) that a utility must obtain proof of compliance with Wisconsin state electric code before extending service to a premise, 2) water areas not suitable for sailboating, 3) when a utility may not construct conductors of supply lines, and 4) defines clearances. The rule also specifies that applicants not addressed should follow accepted good practices known at the time. Other changes are reference number changes only. Revisions to ch. PSC 114 Wisconsin State Electrical Code, Volume 1 are clarifications and do not impact state staff workload or electric utilities. Therefore, the revised rule is not anticipated to have a fiscal effect.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
This rulemaking will update provisions of the Wisconsin Electrical Code so that they are consistent with the National Electric Safety Code. This allows the Wisconsin code to be consistent with the latest best practices and with surrounding states.
14. Long Range Implications of Implementing the Rule
This rulemaking provides for the continued oversight of an up to date state electrical code. This rulemaking will update the Wisconsin Electrical Code so that they are consistent with the National Electric Safety Code. This allows the Wisconsin code to be consistent with the latest best practices and with surrounding states.
15. Compare With Approaches Being Used by Federal Government
Not applicable.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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.
17. Contact Name				18. Contact Phone Number
Lisa Farrell				608-267-9086

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Public Service Commission

rulemaking_notices CR 13-040 CR 13-040

(PSC Docket # 1-AC-240)

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 renumber and amend ss. PSC 118.02 (6g) (intro.) and 118.03 (3); to amend ss. PSC 118.02 (1m) and (5), 118.03 (2) (intro.) and (c), 118.04 (1m) (c), (4), and (5), 118.055 (title), (1), (2) (intro.) to (b), (e), and (f), (3) to (5), 118.06 (2) (b), (c) 1., (cm) (intro.) and 1., (d) 1m., (em), and (5), 118.09 (1) to (7); and to create ss. PSC 118.03 (3) (b) and (5), 118.04 (2) (fm), and 118.08 (3) and (4) relating to renewable resource credits.

Hearing Information

Date:   Friday, June 28, 2013
Time:   10:00 a.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-240. 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-240.

Mail Comment. All comments submitted by U.S. Mail must include the phrase “Docket 1-AC-240 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

This rule is authorized under ss. 196.02 (1) and (3), Stats., 196.378, Stats., and 227.11, Stats.

Section 227.11, Stats., authorizes agencies to promulgate administrative rules. Section 196.02 (1), Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.02 (3), Stats., grants the commission specific authority to promulgate rules. Section 196.378, Stats., authorizes the Commission to promulgate a variety of rules concerning renewable energy credits.

Statute interpreted

This rule interprets s. 196.378, Stats.

Related statutes or rules

None.

Brief summary of rule

The purpose of the rulemaking is to amend relevant sections of ch. PSC 118 relating to renewable resource credits to conform to the statutory changes made by 2011 Wisconsin Act 155, effective April 10, 2012. This will be accomplished in the following ways: (1) revise the definition of a renewable resource credit to be consistent with the statute; (2) allow a “customer or member of an electric provider" to create a renewable resource credit under s. 196.378 (3) (a) 1m., Stats.; (3) include wind energy and hydroelectric energy as additional types of energy from which a renewable resource credit may be created under s. 196.378 (3) (a) 1m., Stats.; and (4) revise ch. PSC 118 to reflect the statutory provisions regarding banking of credits. The degree of impact is expected to be wholly positive, offering greater opportunities to create renewable resource credits consistent with the Legislature's changes to s. 196.378, Stats., under 2011 Wisconsin Act 155.

Comparison with existing or proposed federal legislation

No comparison with federal regulations can be made because there is no federal renewable portfolio standard. Two bills proposing a national renewable portfolio standard were introduced in the 112th Congress, but neither has been enacted:

1.   Senate Bill 741, a bill to amend the Public Utility Regulatory Policies Act of 1978 to establish a renewable electricity standard, and for other purposes. Senator Tom Udall (NM) introduced the bill on April 6, 2011. The bill was then referred to Senate committee where it was read twice and referred to the Committee on Energy and Natural Resources.

2.   Senate Bill 559, Securing America's Future with Energy and Sustainable Technologies Act. Senator Amy Klobuchar (MN) introduced this bill on March 10, 2011. The bill was then referred to Senate committee where it was read twice and referred to the Committee on Finance.

There are no known federal regulations governing the creation of renewable resource credits or their equivalent.

Comparison with similar rules in surrounding states

Illinois

Under Ill. Stat. ch. 220 § 5/16-107.5 (net metering), a retail customer that owns or operates a solar, wind, or other eligible renewable electrical generating facility with a rated capacity of not more than 2,000 kilowatts that is located on the customer's premises and is intended primarily to offset the customer's own electrical requirements is treated as owning and having title to the renewable energy attributes, renewable energy credits (RECs), and greenhouse gas emission credits related to any electricity produced by the qualified generating unit.

Iowa

Iowa state law does not address ownership of RECs for net-metering customers.

Michigan

A customer or member of an electric provider may generate or own a REC, providing that the facility is certified through the Michigan Renewable Energy Certification System (MIRECS). MIRECS is a tracking system similar to Midwest Renewable Energy Tracking System, more commonly known as M-RETS. The Michigan Public Service Commission has also identified a REC aggregator who will aggregate like renewable energy that may then be purchased from retail customers or members.

Minnesota

Ownership of RECs where ownership is not addressed in power purchase agreements is not established under Minnesota Public Utility Commission rules or order; instead utilities must pursue negotiations and settlements with the owners of generation units.

Effect on small business

This rulemaking is expected to have no or minimal financial impact. All electric providers, customers or members of an electric provider, and renewable energy developers seeking to create renewable resource credits will be favorably impacted by this change, offering greater opportunities to create renewable resource credits. There is no anticipated impact on utility ratepayers.

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 Preston Schutt, 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 Matthew 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. PSC 118.01 (1) is amended to read:

PSC 118.01 (1) This chapter applies to each Wisconsin electric provider that is subject to s. 196.378 (2) (a), Stats., and to any member or customer of an electric provider.

SECTION 2. PSC 118.02 (1m) is amended to read:

PSC 118.02 (1m) “Certified non-electric displacement facility " means a non-electric displacement facility that the commission certifies under s. PSC 118.055.

SECTION 3. PSC 118.02 (5) is amended to read:

PSC 118.02 (5) “Displaced conventional electricity" means electricity derived from conventional resources that an electric provider, or a customer or member of the electric provider, would have used except that the person used instead a certified non-electric displacement facility.

SECTION 4. PSC 118.02 (6g) (intro.) is renumbered 118.02 (5m) (intro.) and amended to read:

PSC 118.02 (5m) (intro.) "Non-electric Displacement facility" means any of the following when used by an electric provider, or by a customer or member of the electric provider:

SECTION 5. PSC 118.03 (2) (intro.) is amended to read: