Questions regarding the hearing may be directed to Commission attorney David Ludwig at (608) 255-5621 or to the Commission WEPA coordinator Kathleen Zuelsdorff at (608) 266-2730.
Comments
Written comments are due by Noon on Friday, February 26, 1999
Faxed comments are due by Noon on Thursday, February 25, 1999
Address comments to:
Lynda L. Dorr, Secretary to the Commission
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854
Fax (608) 266-3957
At its open meeting on January 14, 1999, the Public Service Commission of Wisconsin (Commission) adopted an emergency rule to amend Table 1.a (intro.) and Table 2.a of ch. PSC 4, Wis. Adm. Code, relating to increasing the threshold from 20 megawatts (MW) to 100 MW at which the preparation of an environmental impact statement is mandatory for electric generating plant projects. Under s. 227.24(4), Wis. Stats., a hearing is necessary following adoption of an emergency rule.
Analysis Prepared by the Public Service Commission of Wisconsin
Statutory authority: ss. 196.02(1) and (3), 227.11, and 227.24
Statute interpreted: s. 1.11
The Wisconsin Environmental Policy Act (WEPA) requires that all state agencies carefully examine the environmental consequences of major actions that significantly affect the quality of the human environment. Part of that examination includes the preparation of an environmental impact statement (EIS).
The Commission has implemented rules to administer its obligations under WEPA. These rules identify certain projects for which preparation of an EIS is required. These projects are listed in the Commission's rules as “Type I actions." The rules also identify other projects, categorized as “Type II actions," for which preparation of an environmental assessment must be done. For Type II projects, production of an EIS is discretionary. Instead, an environmental assessment is completed for the purpose of providing information as to whether the project is actually a major action significantly affecting the quality of the human environment. If so, the Commission then prepares an EIS. The Commission also has discretionary authority to proceed directly with an EIS concerning a Type II project, without first completing an environmental assessment.
Wisconsin Electric Power Company (WEPCO) has forecast that it will need an additional 133 MW of electric generating capacity to meet its projected summer load in the year 2000 while continuing to maintain an 18 percent reserve margin. WEPCO has indicated that this much additional power is not available on the market at a reasonable price. As a result, WEPCO is proposing to build a new 85 MW combustion turbine generating plant at its Germantown Power Plant site, to fulfill most of its projected need. WEPCO intends to submit an application for a Certificate of Authority (CA) with the Commission early in 1999, and is seeking a CA by June 30, 1999, so it will have sufficient time to construct the new unit and have it on-line by June 1, 2000.
Over the past twelve months, the Commission has received several project applications to build small generating plants, less than 100 MW. It is reasonably likely that more projects of a similar size will also be proposed in the near future, to meet forecasted load growth over the next few years in Wisconsin.
Under current Commission rules, a project to build a new generating plant of 20 MW or more would require completion of a draft EIS and a final EIS. This work could not be completed in time to complete the Commission's review of WEPCO's 85 MW project by June 30, 1999, or of other small generating projects on the same schedule. In order to ensure a reliable energy supply in 2000 and beyond for Wisconsin ratepayers, it is necessary to amend the Commission's rules to allow discretionary, rather than mandatory, production of an EIS for such projects. 1997 Wisconsin Act 204 amended state law governing the issuance of a CPCN. One of its changes involved increasing the threshold at which a generating plant project requires a CPCN, from 12 MW to 100 MW. It is reasonable to use the same 100 MW threshold in this emergency rule change.
Fiscal Estimate
The Commission anticipates that there will be no fiscal impact of the proposed rules on state or local units of government.
Statement of Emergency
In order to preserve the health, safety, and welfare of Wisconsin ratepayers by ensuring a reliable energy supply in 2000 and beyond, the Commission's review process of proposed new generating plants that are less than 100 MW in size must be amended. A revision is needed so the review process for such projects can be completed in time to allow construction of necessary projects, if approved, by June 1, 2000. Permanent rules cannot be adopted in time to affect the Commission's review period. An emergency rule is necessary to change the Commission's review process immediately.
Environmental Analysis
This is a Type III action under s PSC 4.10(3), Wis. Adm. Code. Since no unusual circumstances have come to the attention of the Commission which indicate that significant environmental consequences are likely, neither an environmental impact statement under s. 1.11, Wis. Stats., nor an environmental assessment is required.
Notice of Hearing
Veterans Affairs
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 18th day of February, 1999 at 10:15 a.m., in the 8th floor board room at 30 West Mifflin Street in Madison, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
Statutory authority: s.45.35(3)
Statutes interpreted: ss.45.351(2), 45.356, 1995, Stats., 45.356 and 45.80, 1981, Stats.
The creation of VA 1.19 codifies the Department's internal loan write-off criteria. It will also assure that veterans have a full opportunity to provide relevant information by subjecting the decisionmaking to the administrative hearing process.
Initial Regulatory Flexibility Analysis
This rule is not expected to have an adverse impact on small businesses.
Fiscal Estimate
A copy of the proposed rules and the full fiscal estimate may be obtained by writing to:
John Rosinski
Wisconsin Department of Veterans Affairs
P.O. Box 7843
Madison WI 53707-7843
(608) 266-7916
Notice of Hearing
Veterans Affairs
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 18th day of February, 1999 at 10:30 a.m., in the 8th floor board room at 30 West Mifflin Street in Madison, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
Statutory authority: s.45.35(3) and 45.36
Statute interpreted: s.45.36
The amendment of s. VA 1.10 (7), will allow the department to release pertinent information from a veteran's file to a party attempting to collect a delinquent debt from the veteran. The information may only be released to a party under contract with the state, which would assure that the party maintain the confidentiality of the information.
Initial Regulatory Flexibility Analysis
This rule is not expected to have an adverse impact on small businesses.
Fiscal Estimate
A copy of the proposed rules and the full fiscal estimate may be obtained by writing to:
John Rosinski
Wisconsin Department of Veterans Affairs
P.O. Box 7843
Madison WI 53707-7843
(608) 266-7916
Notice of Hearing
Workforce Development
(Prevailing Wage Rates, Chs. DWD 290-294)
Notice is hereby given that pursuant to ss. 66.293 (5) and 103.49 (3g), Stats., the Department of Workforce Development proposes to hold a public hearing to consider the amendment of s. DWD 290.155, Wis. Adm. Code, on thresholds for application of the prevailing wage rates for state or local public works projects.
Hearing Information
February 11, 1999 Room 400X, G.E.F. 1 Bldg.
Thursday 201 E. Washington Ave.
9:00 - 10:00 a.m. MADISON, WI
The hearing will be held in an accessible building. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 267-9403, at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio tape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Dept. of Workforce Development
Authority for rule: ss. 66.293 (5) and 103.49 (3g), Stats.
Statutes interpreted: ss. 66.293 (5) and 103.49 (3g), Stats.
The Wisconsin Department of Workforce Development proposes an order to amend s. DWD 290.155, relating to the annual adjustment of the minimum estimated project costs for the application of the requirement to obtain a determination of prevailing wage rates for workers employed on state or local public works projects.
The state prevailing wage laws require that, when a state agency or local governmental unit constructs a public works project, it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employes in accordance with those wage rates. Under ss. 66.293 (5) and 103.49 (3g), Stats., and the current s. DWD 290.155, Wis. Adm. Code, the state prevailing wage rate laws do not apply to any “single-trade public works project" (a project involving the employment of only one trade) whose estimated cost is below $32,000, and it does not apply to any “multi-trade public works project" whose estimated cost is below $160,000.
Under ss. 66.293 (5) and 103.49 (3g), Stats., and s. DWD 290.15, the Department is required to adjust the dollar amounts of the threshold limits each year, in proportion to any change in construction costs since the limits were last determined. The proposed rule changes the threshold limits to $33,000 for single-trade projects and $164,000 for multi-trade projects, based on a 2.6% increase in the construction cost index between November 1997 and December 1998.
Text of Rule
SECTION 1. DWD 290.155 is amended to read:
DWD 290.155 This chapter does not apply to any single-trade public works project for which the estimated cost of completion is below $32,000 $33,000, and any multi-trade public works project for which the estimated cost of completion is below $160,000 $164,000.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business.
Fiscal Estimate
