subch. VI of ch. PSC 111 Subchapter VI — CPCN Applications
PSC 111.51 PSC 111.51CPCN applications for facilities – general.
PSC 111.51(1)(1)Commencement of construction. Construction on a facility may not commence until the commission issues a CPCN for the facility.
PSC 111.51(2) (2)Actions before filing a CPCN application. Before filing an engineering plan for a large electric generating facility or a detailed project plan for a high-voltage transmission line, as defined in s. 196.491 (3) (b), Stats., the applicant shall do all of the following:
PSC 111.51(2)(a) (a) Notify the department and the commission of its intent to apply for a CPCN.
PSC 111.51(2)(b) (b) Consult with commission staff, in cooperation with staff from the department, on the scope of the proposed project, the alternatives that must be considered in the application, and additional information that the commission may require as part of the CPCN application.
PSC 111.51(3) (3)Copies of the application. The applicant shall file 10 copies of its CPCN application. The applicant shall promptly provide additional copies as may be requested by the commission.
PSC 111.51(4) (4)Completeness determination and distribution of application.
PSC 111.51(4)(a)(a) The commission shall notify an applicant of whether its CPCN application is complete within 30 days of its filing. If the commission does not notify an applicant within 30 days then the application shall be considered complete. An applicant may supplement and refile an incomplete CPCN application.
PSC 111.51(4)(b)1.1. Within 10 days after a CPCN application has been filed, the commission shall send an electronic copy of the application to the clerk of each municipality and town in which the proposed facility is to be located and to the main public library in each county in which the proposed facility is to be located. A statement shall be included on the initial page of the electronic document explaining that this is an initial application, that it is likely to be changed, and that updates may be obtained from the applicant that filed the application or the commission's website (psc.wi.gov).
PSC 111.51(4)(b)2. 2. As soon as is practicable, but no more than 30 days after the commission has determined that a CPCN application is complete, the commission shall send an electronic copy of the complete application to the clerk of each municipality and town in which the proposed facility is to be located and to the main public library in each county in which the proposed facility is to be located.
PSC 111.51(4)(b)3. 3. The commission may fulfill subds. 1. and 2. by directing the applicant to send copies of the complete application to the locations identified in those subdivisions.
PSC 111.51 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 07-044: am. (2) (intro.) and (b), cr. (4) Register May 2008 No. 629, eff. 6-1-08; CR 13-101: am. (4) (b) 2. Register June 2014 No. 702, eff. 7-1-14.
PSC 111.53 PSC 111.53CPCN applications for large electric generating facilities.
PSC 111.53(1) (1)Contents of a CPCN application. Except as provided in sub. (2), a CPCN application for a large electric generating facility is not complete until the applicant has filed all of the following information with the commission:
PSC 111.53(1)(a) (a) The operating characteristics of the proposed facility, including all of the following:
PSC 111.53(1)(a)1. 1. The number of generating units to be included in the facility.
PSC 111.53(1)(a)2. 2. A description of each generating unit, including type, size, and fuel.
PSC 111.53(1)(a)3. 3. The expected hours of operation and lifetime of the facility.
PSC 111.53(1)(a)4. 4. The names and addresses of owners and investors and the percent of ownership.
PSC 111.53(1)(a)5. 5. The fuel source and availability. If the facility uses fossil fuel, the fuel's heating value and chemical analysis, the type of transportation to be used, and the approximate capacity of on-site storage shall be provided.
PSC 111.53(1)(a)6. 6. The facility's estimated capacity factors, for each generating unit, and the basis for the estimates.
PSC 111.53(1)(a)7. 7. The estimated rate of discharge of pollutants for appropriate time intervals, as related to applicable regulatory standards.
PSC 111.53(1)(a)8. 8. The heat rates over the range of operating capacity for each generating unit.
PSC 111.53(1)(b) (b) The need for the proposed facility in terms of demand and energy.
PSC 111.53(1)(c) (c) The economic aspects of the proposed facility, including all of the following:
PSC 111.53(1)(c)1. 1. The estimated capital cost of the generating facility and all related facilities, broken down by major plant accounts. All cost escalation factors used in the estimate shall be identified.
PSC 111.53(1)(c)2. 2. The projected unit fuel cost, in cents per million Btu, both for the first year of operation and levelized in nominal terms over the life of the unit or facility. All cost escalation factors used in the estimate shall be identified.
PSC 111.53(1)(c)3. 3. The estimated annual production cost, calculated as operating, maintenance and fuel costs for the first year of operation and levelized in nominal terms over the life of the facility. All cost escalation factors used and other significant supporting data shall be included.
PSC 111.53(1)(c)4. 4. The estimated annual total cost, calculated as capital and production costs for the first year of operation, in mills per net kWh generated, and levelized in nominal terms over the life of the facility. All cost escalation factors used and other significant supporting data shall be included.
PSC 111.53(1)(c)5. 5. The estimated useful life of facility, based on depreciation rates established by the commission.
PSC 111.53(1)(d) (d) The alternative sources of supply considered, including information about all of the following alternatives:
PSC 111.53(1)(d)1. 1. Energy conservation and efficiency.
PSC 111.53(1)(d)2. 2. Any alternative whose energy source has a higher priority ranking under s. 1.12 (4) (b) to (d), Stats., than the fuel proposed to used for the facility.
PSC 111.53(1)(d)3. 3. For any facility that will use a combustible energy resource but not provide cogeneration, an explanation regarding why cogeneration is not feasible.
PSC 111.53(1)(d)4. 4. Purchased power.
PSC 111.53(1)(e) (e) A description of the alternatives considered, a description of the siting process, and a list of the factors considered in choosing and ranking the alternatives.
PSC 111.53(1)(em) (em) Information demonstrating how brownfields, as defined in s. 16.287 (1) (a), Stats., and interpreted by the commission, were considered as site alternatives.
PSC 111.53(1)(f) (f) Except as provided in sub. (2) (b), site-related information for each of two proposed power plant sites, including all of the following:
PSC 111.53(1)(f)1. 1. The regulatory approvals required for construction and operation of the facility.
PSC 111.53(1)(f)2. 2. The construction schedule and timeline, showing construction activities and permitting expectations from the beginning of construction to the in-service date.
PSC 111.53(1)(f)3. 3. The availability of transportation for fuel delivery and requirements for gas pipeline construction. If a certificate of authority under s. 196.49, Stats., is required to construct the gas pipeline, the location, termini, length in miles, size of pipe, and pressure.
PSC 111.53(1)(f)4. 4. Any required transmission line construction, agreements for use of the transmission system to deliver plant power, transmission losses, and effects on system reliability. If a certificate of authority under s. 196.49, Stats., is required to construct the transmission line, the location of termini, length in miles, and voltage for each transmission line.
PSC 111.53(1)(f)5. 5. Other auxiliary facilities, including fuel storage and water storage.
PSC 111.53(1)(f)6. 6. Natural resources at each site, including all of the following:
PSC 111.53(1)(f)6.a. a. Air quality.
PSC 111.53(1)(f)6.b. b. General soil associations.
PSC 111.53(1)(f)6.c. c. Geology, noting active mines and quarries.
PSC 111.53(1)(f)6.d. d. Water, including wetlands, rivers, streams and groundwater.
PSC 111.53(1)(f)6.e. e. Vegetative cover, including wildlife habitat.
PSC 111.53(1)(f)6.f. f. Endangered, threatened, and special-concern species and communities.
PSC 111.53(1)(f)7. 7. Community-related information, including all of the following:
PSC 111.53(1)(f)7.a. a. Site history.
PSC 111.53(1)(f)7.b. b. Existing and proposed land uses at the sites.
PSC 111.53(1)(f)7.c. c. Local infrastructure, including sewer, water, police, and fire protection.
PSC 111.53(1)(f)7.d. d. Historical and archeological sites.
PSC 111.53(1)(f)7.e. e. Potential health impacts.
PSC 111.53(1)(f)7.f. f. Secondary impacts, including effects on revenue, jobs, and development.
PSC 111.53(1)(f)7.g. g. Visual and noise impact.
PSC 111.53(1)(f)8. 8. Aesthetics.
PSC 111.53(1)(f)9. 9. If a CPCN is needed for construction of transmission lines as part of this application, the required information under s. PSC 111.55.
PSC 111.53(1)(g) (g) Any additional information the commission may request, including information necessary for it to make the determinations listed in s. 196.491 (3) (d), Stats., or to prepare an environmental assessment or an environmental impact statement under s. 1.11, Stats.
PSC 111.53(2) (2)Exceptions to filing requirements.
PSC 111.53(2)(a)(a) An application for a wholesale merchant plant need not include the information identified in sub. (1) (b) to (d). In addition, an application for a wholesale merchant plant that will be owned, controlled, or operated by an affiliated interest of a public utility, shall include any additional information required by the commission in order to make a determination under s. 196.491 (3m) (a), Stats.
PSC 111.53(2)(b) (b) Based on the pre-application consultation required under s. PSC 111.51 (2) (b), an application for a generation facility may include the detailed information listed under sub. (1) (f) for only one site if none of the needed infrastructure improvements would constitute a major action significantly affecting the quality of the human environment under s. 1.11 (2) (c), Stats., and the application is for any of the following:
PSC 111.53(2)(b)1. 1. Construction of a cogeneration facility located at the steam host's existing industrial plant, if the cogeneration facility will be a qualifying facility under 18 CFR 292.205.
PSC 111.53(2)(b)2. 2. Modifying, rebuilding, replacing or repowering, as defined under s. 79.005 (4), Stats., an existing generating facility at its current location.
PSC 111.53(2)(b)3. 3. Construction of a generating facility proposed to be located on an existing brownfield site, as defined in s. 16.287 (1) (a), Stats., and interpreted by the commission, or on the site of a former or existing large electric generating facility.
PSC 111.53 Note Note: See sub. (1) (e) concerning information that must be included about both the site in sub. (2) (b) and any alternatives.
PSC 111.53 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 07-044: am. (1) (e) and (f) (intro.), cr (1) (em), (2) (b) 1. and 3., renum. (2) (b) 1. to be (2) (b) (intro.) and am., r. and recr. (2) (b) 2. Register May 2008 No. 629, eff. 6-1-08; correction to (1) (em), (2) (b) 3. made under s. 13.92 (4) (b) 7., Stat., Register January 2012 No. 673.
PSC 111.55 PSC 111.55CPCN applications for high-voltage transmission lines. A CPCN application for a high-voltage transmission line is not complete until the applicant has filed all of the following information with the commission:
PSC 111.55(1) (1)Need. The need for the proposed project, including all planning criteria, assumptions, historical outage data, stability, and power-flow studies that address need.
PSC 111.55(2) (2)Design. The physical design characteristics, including structure type, design span length, conductor size and type, foundation type, operating voltage, and feasibility of future increases in operating voltage.
PSC 111.55(3) (3)Basis for design selection. The basis for selection of physical design characteristics.
PSC 111.55(4) (4)EMF levels. The estimated magnetic field levels.
PSC 111.55(5) (5)Substation design. The substation design or modifications to existing substations.
PSC 111.55(6) (6)Owners and investors. The names and addresses of owners and investors, and percent of ownership.
PSC 111.55(7) (7)Construction schedule and approvals. The construction schedule and required regulatory approvals.
PSC 111.55(8) (8)Additional information. Any additional information the commission may request, including information necessary for it to make the determinations listed in s. 196.491 (3) (d), Stats., or to prepare an environmental assessment or environmental impact statement under s. 1.11, Stats.
PSC 111.55(9) (9)Tariff filings. Whether an open-access tariff has been filed with the FERC.
PSC 111.55(10) (10)Proposed routes. Except as otherwise submitted under this section, proposed routes and the pertinent factors considered in choosing them, including engineering, economic, safety, reliability and environmental considerations. All of the following information shall be filed for each of the proposed routes:
PSC 111.55(10)(a) (a) Estimated construction cost and assumptions.
PSC 111.55(10)(b) (b) Geology.
PSC 111.55(10)(c) (c) Topography.
PSC 111.55(10)(d) (d) General soil associations.
PSC 111.55(10)(e) (e) Water resources, including wetlands, lakes, rivers, and streams.
PSC 111.55(10)(f) (f) Vegetative cover, including wildlife habitat.
PSC 111.55(10)(g) (g) Endangered, threatened, and special concern species and communities.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.