PSC 137.03(2)
(2) Selection criteria. Prior to the solicitation of a program administrator under s.
196.374 (2) (a) 1., Stats., the energy utilities shall submit their proposed criteria for evaluating proposals and selecting a program administrator to the commission. These criteria shall evaluate the following:
PSC 137.03(2)(a)
(a) The qualifications and financial soundness of a proposed program administrator and any proposed administrative subcontractor.
PSC 137.03(2)(b)
(b) The previous performance of a proposed program administrator and any proposed administrative subcontractor.
PSC 137.03(2)(c)
(c) The technical feasibility and quality of the proposed work plan, including the feasibility of proposed goals, performance measures, and environmental and economic benefits identified as objectives in the proposal.
PSC 137.03(2)(d)
(d) Compliance with each of the policies and goals the commission identifies for the statewide energy efficiency program.
PSC 137.03(3)
(3) Approved, modified, or rejected selection criteria. The energy utilities' proposed selection criteria are subject to the commission's prior approval. The commission may modify or reject the proposed selection criteria within 20 working days after it receives them. If the commission does so, it shall explain its reasons in writing. The energy utilities may propose a new criterion to replace any modified or rejected criterion. If the commission does not modify or reject any of the proposed selection criteria within 20 working days after receiving them, they are deemed approved.
PSC 137.03(4)
(4) Notice to commission when program administrator is selected. The energy utilities shall notify the commission in writing of their selection of a program administrator. The energy utilities may negotiate a combination of proposals from various administrators, if they determine that such a combination would better meet the objectives of the statewide program.
PSC 137.03(5)
(5) Commission approval of program administrator. The commission shall, in writing and within 40 working days after it receives the energy utilities' notice under
sub. (4), approve or reject for cause a program administrator whom the energy utilities selected.
PSC 137.03(6)
(6) Right to protest. If the energy utilities dispute the commission's rejection of a selected program administrator under
sub. (5), they may protest to the commission. The energy utilities shall serve such a protest in writing on the division administrator within 20 working days after they receive notice of the commission's rejection. The division administrator may settle and resolve any protest brought under this subsection. If the protest cannot be resolved by mutual agreement, the division administrator shall issue a written decision to the energy utilities.
PSC 137.03(7)
(7) Appeal. The energy utilities may, within 20 working days after the division administrator issues a decision under
sub. (6), appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.
PSC 137.03(8)
(8) Contract status. The energy utilities may not sign a contract with a proposed program administrator during the 40 working days when the commission can review the energy utilities' proposed selection under
sub. (5) or while a protest or appeal is pending under
sub. (6) or
(7). The commission may void any contract for the selection of a program administrator that is signed during these periods.
PSC 137.03 History
History: CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07. PSC 137.04
PSC 137.04 Collective statewide program contracts. PSC 137.04(1)(a)(a) The energy utilities shall notify the commission in writing of their intent to sign a collective contract for statewide programs with a program administrator and shall submit a copy of the proposed contract to the commission for its approval.
PSC 137.04(1)(b)1.
1. A requirement that the statewide programs shall comply with the policies and goals issued by the commission.
PSC 137.04(2)(a)(a) The commission shall, in writing and within 40 working days after receiving the energy utilities' notice under
sub. (1), approve, approve with modifications, or reject a proposed contract.
PSC 137.04(2)(b)
(b) Upon receiving notice from the commission that it has approved a statewide program contract, the energy utilities shall sign the contract with a program administrator.
PSC 137.04(2)(c)
(c) Upon receiving notice from the commission that it has approved with modifications a statewide program contract, the energy utilities may sign a modified contract with a program administrator.
PSC 137.04(3)
(3) Right to protest. If the energy utilities dispute the commission's modification or rejection of a proposed contract under
sub. (2) they may protest to the commission. The energy utilities shall serve such a protest in writing on the division administrator within 10 working days of the receipt of the commission's rejection or modification of a proposed contract. The division administrator may settle and resolve any protest brought under this subsection. If the protest is not resolved by mutual agreement, the division administrator shall issue a written decision to the energy utilities.
PSC 137.04(4)
(4) Appeal. The energy utilities may, within 20 working days after the division administrator issues a decision under
sub. (3), appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.
PSC 137.04(5)
(5) Contract status. The energy utilities may not sign a contract for statewide programs while the commission is reviewing the energy utilities' proposed contract under
sub. (2) or while a protest or appeal is pending under
sub. (3) or
(4). The commission may void any contract for statewide programs that the energy utilities sign during these periods.
PSC 137.04 History
History: CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07. PSC 137.05
PSC 137.05 Minimum requirements of statewide energy efficiency and renewable energy programs. PSC 137.05(1)(1)
Programs for all customers. The statewide programs shall address the energy efficiency and renewable resource needs of all customers of participating energy utilities, municipal utilities, and retail electric cooperatives, except for the energy efficiency needs of those customers served by a utility-administered program under
s. PSC 137.07 or a large energy customer self-directed program under
s. PSC 137.09.
PSC 137.05(2)
(2) Renewable resource programs for large customers. The statewide programs shall use a portion of the utility revenues collected from each large energy customer, including large energy customers who are participating in a self-directed energy efficiency program under
s. PSC 137.09 and large commercial, industrial, institutional, or agricultural customers as defined in
s. PSC 137.07 (1), to provide renewable resource programs to these customers.
PSC 137.05(3)
(3) Environmental benefits. The statewide programs shall deliver programs that result in environmental benefits, as identified by the commission, either on-site or at the generation level.
PSC 137.05(4)
(4) Programs for local units of government and agricultural producers. PSC 137.05(4)(a)(a) The statewide programs shall allocate at least 10 percent of the moneys collected under s.
196.374 (3) (b) 2., Stats., to programs to increase the energy efficiency of local units of government and agricultural producers. These programs are required to pass a portfolio level test of net cost-effectiveness, as determined by the commission.
PSC 137.05(4)(b)
(b) If the commission determines that the energy utilities cannot spend the full amount of moneys under
par. (a) on cost-effective programs to serve local units of government and agricultural producers in any program year, the energy utilities shall allocate these unspent funds to programs to serve commercial, institutional, and industrial customers in the following program year.
PSC 137.05(5)
(5) Promoting markets. The statewide programs shall include initiatives and strategies that address the needs of individuals or businesses facing the most significant barriers, as determined by the commission, to creating or participating in markets for energy efficiency and renewable resource products and services.
PSC 137.05(6)
(6) Environmental and economic impacts of energy use. The statewide programs shall initiate and fund research and development projects, at the direction of the commission, that support sound public policy and provide information to policymakers, program administrators, utilities, and the public about the environmental and economic impacts of energy generation, delivery, and use.
PSC 137.05(7)
(7) Effective program delivery. The statewide programs shall initiate and fund market research projects that support and enhance the effective delivery of statewide programs. These projects shall be coordinated with the commission and with the independent third-party evaluator who contracts with the commission, as provided in
sub. (12), to avoid any conflicts of interest. A statewide program administrator may not conduct any market research related to establishing quantitative baseline data or related to studying the availability of energy efficiency savings if the research is used to measure program impacts.
PSC 137.05(8)
(8) Grant and benefit opportunities. The statewide programs shall provide an equivalent opportunity for all eligible customers to participate. Statewide programs shall provide each customer class, on an annual basis, the opportunity to receive grants and benefits in an amount equal to that recovered from the customer class. If a customer is participating in a self-directed program under
s. PSC 137.09, that customer's participation in the statewide programs shall be limited to the amount of revenues that the customer contributes to them through s.
196.374 (3) (b) 2., Stats. Statewide programs shall coordinate with utility-administered, voluntary utility energy efficiency and renewable resource programs, ordered programs, and large energy customer self-directed programs to avoid duplication of effort and of program offerings in overlapping territories.
PSC 137.05(9)
(9) Data collection. The program administrator shall, using the commission's database tracking and reporting system, collect and record for each program, by customer class:
PSC 137.05(10)
(10) Data to commission and independent evaluator. The program administrator shall provide all information and data collected through statewide programs to the commission and the independent third-party evaluator upon request.
PSC 137.05(11)
(11) Priorities. The program administrator shall assign priority status to implementing programs that reduce growth in electric and natural gas demand and usage, facilitate energy efficiency and renewable resource market development, help market providers achieve higher levels of energy efficiency, promote energy reliability and adequacy, avoid adverse environmental impacts from the use of energy, and promote rural economic development.
PSC 137.05(12)
(12) Cost-effectiveness. The program administrator shall deliver energy efficiency and renewable resource programs that pass a portfolio level test of net cost-effectiveness, as determined by the commission. The program administrator shall screen each energy efficiency and renewable resource program for net cost-effectiveness at least once a year. An independent third party, contracted by the commission, shall conduct all market assessment and evaluation activities necessary to measure the impact and cost-effectiveness of all statewide programs. The commission's administration of the evaluation contract shall be paid by funds from the statewide energy efficiency and renewable resource programs, at a level determined by the commission.
PSC 137.05(13)
(13) Performance goals and reporting. The commission shall, in consultation with the program administrator, establish annual and multi-year performance goals for the statewide programs. These goals shall be consistent with commission goals, priorities, and measurable targets under s.
196.374 (3) (b) 1., Stats. The program administrator shall provide monthly activity reports and semiannual performance results to the commission.
PSC 137.05 History
History: CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07. PSC 137.06
PSC 137.06 Procedures to receive contributions from municipal utilities and retail electric cooperatives. PSC 137.06(1)(1)
Invoice forms. The energy utilities shall design invoice forms for municipal utilities and retail electric cooperatives that elect to contribute the fees they charge under s.
196.374 (7) (a) and
(b) 2., Stats., to statewide programs. The participating municipal utilities and retail electric cooperatives shall use these forms to send in their collections.
PSC 137.06(2)
(2) Procedures for fee contributions to statewide programs. PSC 137.06(2)(a)(a) At the end of each quarter, each participating municipal utility and retail electric cooperative shall inform the energy utilities of the dollar amount of fees it has collected for energy efficiency programs in the previous quarter. Participating municipal utilities and retail electric cooperatives shall deliver this information to the energy utilities within 15 working days after the quarter concludes.
PSC 137.06(2)(b)
(b) The energy utilities shall verify the amount collected by each participating municipal utility or retail electric cooperative.
PSC 137.06(2)(c)
(c) When the energy utilities have received the information specified in
par. (a), they shall produce an invoice for each participating municipal utility or retail electric cooperative and deliver the invoice to the municipal utility or retail electric cooperative.
PSC 137.06(2)(d)
(d) Within 30 working days after it receives the invoice, the participating municipal utility or retail electric cooperative shall send a check to the address specified by the energy utilities for deposit in the fund for statewide programs.
PSC 137.06(2)(e)
(e) The energy utilities shall take reasonable steps to ensure that participating municipal utilities and retail electric cooperatives remit payments completely and on a timely basis.
PSC 137.06(3)
(3) Reports. The energy utilities shall record the payment of each municipal utility or retail electric cooperative and create reports that include each municipal utility's and retail electric cooperative's cumulative contributions for the fiscal year.
PSC 137.06 History
History: CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07. PSC 137.07
PSC 137.07 Utility-administered programs for large commercial, industrial, institutional, or agricultural customers. PSC 137.07(1)(1)
Definition. In this section, “large commercial, industrial, institutional, or agricultural customer" has the same meaning as “large energy customer" under s.
196.374 (1) (em), Stats., unless the commission specifies a different definition by order.
PSC 137.07(2)
(2) Funding energy efficiency programs for large commercial, industrial, institutional, or agricultural customers. The funding available in any year for all the energy efficiency programs the commission has authorized an energy utility to offer to its large commercial, industrial, institutional, or agricultural customers under s.
196.374 (2) (b) 1., Stats., shall equal the revenues collected from the energy utility's customers who are eligible for the utility-administered programs, less the funds set aside under
s. PSC 137.05 (2) for statewide renewable resource programs. The commission shall determine the annual funding level available for these programs and inform energy utilities in writing at least 9 months prior to the beginning of the statewide program year.
PSC 137.07(3)
(3) Energy efficiency programs for large commercial, industrial, institutional, or agricultural customers. PSC 137.07(3)(a)(a) An energy utility requesting to administer or fund one or more energy efficiency programs for large commercial, industrial, institutional, or agricultural customers in its service territory under this section may file a request with the commission at any time. The commission shall consider requests it receives at least 6 months before the start of the statewide energy efficiency and renewable resource program year for implementation in that program year.
PSC 137.07(3)(b)
(b) Each request to administer or fund an energy efficiency program under this section shall include:
PSC 137.07(3)(b)1.
1. A description of the program that includes the target market, eligible measures, delivery strategy, marketing and communications strategy, incentive strategy and potential market effects.
PSC 137.07(3)(b)2.
2. A plan prepared jointly with the program administrator that describes how statewide and utility-administered programs will be coordinated with large energy customer self-directed programs, ordered programs, and voluntary utility programs offered during the same period.
PSC 137.07(3)(b)3.
3. A description of the program's consistency with the commission's most recent study of available energy efficiency savings.
PSC 137.07(3)(b)4.
4. Annual and multi-year performance targets that are consistent with commission goals, policies, and priorities.
PSC 137.07(3)(b)5.
5. A program time frame that is consistent with the statewide program year.
PSC 137.07(3)(b)7.
7. An administrative and program delivery budget for the first year of operation.
PSC 137.07(3)(c)
(c) Each utility-administered program under this section shall:
PSC 137.07(3)(c)1.
1. Be limited to offering energy efficiency programs to large commercial, industrial, institutional, or agricultural customers in the energy utility's service territory. If a customer is participating in a self-directed program under
s. PSC 137.09, that customer's participation in any utility-administered program under this section shall be limited to the amount of revenues that the customer contributes to the utility-administered program through s.
196.374 (3) (b) 2., Stats.
PSC 137.07(3)(c)2.
2. Provide an equivalent opportunity for all eligible customers to participate. Utility-administered programs shall coordinate with statewide programs and with large energy customer self-directed programs to avoid duplication of effort and of program offerings in overlapping territories.
PSC 137.07(3)(c)3.
3. Be evaluated by an independent third party. The commission shall contract with the independent third-party evaluator, unless it determines that it is reasonable to allow the energy utility to contract with the evaluator. In that case the commission shall oversee the contracting process and approve the energy utility's selection of the independent third-party evaluator. The energy utility shall pay for the evaluation of the program, as determined by the commission, from retained utility revenues that the energy utility would otherwise have expended on statewide energy efficiency programs.
PSC 137.07(3)(c)4.
4. Be designed in a manner that prevents the energy utility or any of its affiliates from selling or installing energy efficiency processes, equipment, or appliances.
PSC 137.07(3)(c)5.
5. Pass a portfolio level test of net cost-effectiveness, as determined by the commission. The energy utility shall screen for net cost-effectiveness at least once a year.
PSC 137.07(3)(c)6.
6. Result in environmental benefits, as identified by the commission, either on site or at the generation level.
PSC 137.07(3)(d)1.
1. Assign priority status to implementing programs that reduce growth in electric and natural gas demand and usage, facilitate energy efficiency market development, assist market providers in achieving higher levels of energy efficiency, promote energy reliability and adequacy, avoid adverse environmental impacts from the use of energy, and promote rural economic development.
PSC 137.07(3)(d)2.
2. Establish annual and multi-year performance goals that are consistent with the program goals, priorities, and measurable targets established under s.
196.374 (3) (b) 1., Stats. At a minimum, the energy utility shall provide quarterly activity reports and semiannual performance reports to the commission.
PSC 137.07(3)(d)3.
3. Using the commission's database tracking and reporting system, collect and record for each program, by customer class:
