Adm 43.07 Collecting the public benefits fee. (1) COLLECTION PLAN. On or before April 1, each individual non-municipal electric utility shall submit a collection plan and supporting documentation to the department for collecting the following fiscal year's public benefits fee. The collection plan shall be based on the calculation and related information provided by the department under s. Adm 43.06.
(2) CHARGES BILLED. All charges relating to the cost of supplying electric service to a residential or non-residential customer shall constitute the basis for calculating the limit on customer billing increases specified in s. 16.957(4)(c)3., Stats.
(3) EQUITABLE ALLOCATION. Each non-municipal electric utility shall submit documentation with its public benefits fee collection plan that demonstrates that the amount it intends to bill its residential and non-residential customers for public benefits fees equitably allocates the amount constituting the residential portion among its residential customer classes, and the amount constituting the non-residential portion among its non-residential customer classes. The amount of the public benefits fee billed to customers may vary between customer classes, but shall be uniform within a customer class, except for variations due to the requirements of s. 16.957(4)(c)3., Stats.
(4) DEPARTMENT REVIEW. On or before May 1, the department shall approve, modify, or deny each proposed collection plan and notify each non-municipal electric utility accordingly. The department shall provide reasons for a denial or modification in writing. A non-municipal electric utility may protest a denial or modification of its collection plan under the procedures set forth in s. Adm 43.12.
(5) PLAN IMPLEMENTATION. Each non-municipal electric utility shall implement an approved or modified public benefits fee collection plan at the start of the first monthly or periodic billing cycle of the following fiscal year. A modified collection plan shall be implemented even if a protest has been filed under s. Adm 43.12.
(6) DEPARTMENT DENIAL. (a) If the department denies a proposed public benefits fee collection plan, the non-municipal electric utility shall resubmit a collection plan to the department on or before May 15 for the department's approval even if a protest has been filed under s. Adm 43.12. A resubmitted collection plan must address all comments and suggestions provided by the department in its denial.
(b) If the department denies a resubmitted collection plan, the non-municipal electric utility shall collaborate with the department to prepare a collection plan acceptable to the department. If the parties are unable to reach an agreement on or before June 1, the department shall issue a collection plan for the non-municipal electric utility to implement the following fiscal year.
Adm 43.08 Payment and reconciliation of the public benefits fee. (1) PAYMENT DUE DATES. Each non-municipal electric utility shall make equal monthly payments to the department of the amount invoiced, no later than the 15th day of each month. The first payment of each fiscal year is due on the 15th day of the second full month of the fiscal year.
(2) LATE PAYMENTS. Payments received after the 15th day of each month shall be assessed interest at the rate required by the commission for customer deposits for residential service set forth in s. PSC 113.131(9)(b).
(3) RECONCILIATION OF COLLECTED FEES. (a) Each non-municipal electric utility shall include a reconciliation statement for the preceding fiscal year with its proposed public benefits fee collection plan under s. Adm 43.07. If the amount collected is greater than the amount invoiced by the department, the amount of over-collection shall be subtracted from the amount to be collected in the succeeding fiscal year. If the amount collected is less than the amount invoiced by the department, the amount under-collected may be added to the amount to be collected for the succeeding fiscal year. Each non-municipal electric utility shall account for any variation in its collections, working capital costs, and reasonable expenses when establishing its public benefits fee collection plan for the succeeding fiscal year.
(b) Once in any fiscal year, a non-municipal electric utility may submit a written request to the department to adjust its public benefits fee collection plan. The request shall contain the current amount that has been over-collected or under-collected and the amount that is forecasted to be over-collected or under-collected for the remainder of the fiscal year, the reasons for the differences and the non-municipal utility's proposed adjustments to its approved public benefits fee collection plan. The department shall indicate its approval or disapproval of the proposed adjustments in writing within 30 days of receipt of the request. The non-municipal electric utility may implement the collection plan adjustment immediately upon department approval. If the department does not approve a collection plan adjustment, the affected non-municipal electric utility may protest under procedures set forth in s. Adm 43.12.
(c) The department shall adjust the amount to be collected by a non-municipal electric utility effective on the beginning of the fiscal year for which the collection plan was submitted, upon a successful appeal filed under the s. Adm 43.12
(4) ACCOUNTS RECEIVEABLE AND UNCOLLECTIBLE ACCOUNTS. A non-municipal electric utility's reconciliation statement may include an estimation of the uncollectible amount of its preceding year's public benefits fee that is recorded as an accounts receivable. A non-municipal electric utility's reconciliation statement may also include an estimated amount of its public benefits fee that was recorded in a previous fiscal year as accounts receivable and has been subsequently recognized as uncollectible. This cost may be included in a request for reasonable and prudent expenses in s. Adm. 43.09.
(5) RECORDS. Each non-municipal electric utility shall maintain accurate records that allow the amount billed to and the amount collected from its residential and non-residential customers in each fiscal year to be measured against the amount that the department invoiced the non-municipal electric utility. The records shall be organized by customer class for residential customers and non-residential customers.
Adm 43.09 Requesting approval for reasonable and prudent expenses. (1) DEPARTMENT REVIEW. A non-municipal electric utility requesting recovery of reasonable and prudent expenses incurred in the collection and administration of its public benefits fee collection plan, shall submit a request for approval to the department on or before February 15. The request shall include actual costs for the previous calendar year. The department shall determine the amount of reasonable and prudent expenses that may be recovered and shall notify the non-municipal electric utility in writing of that amount on or before March 15. The department shall deny expenses that are recovered by a non-municipal electric utility in a current tariff. The non-municipal electric utility may include approved expenses in its public benefits fee collection plan for the following fiscal year. A non-municipal electric utility may appeal a denial of expenses under the procedures set forth in s. Adm 43.12.
(2) DOCUMENTATION. A non-municipal electric utility shall provide all necessary documentation of reasonable and prudent expenses it seeks to include in the public benefits fee.
Adm 43.10 Voluntary contributions. (1) ANNUAL OPPORTUNITY. At least annually, each electric utility shall provide its residential and non-residential customers an opportunity to make voluntary contributions to the trust fund established under s. 25.96, Stats., to fund their choice of programs established in ss. 16.957(2)(a) and (b)1., Stats. An electric utility shall provide the opportunity for its residential and non-residential customers to make such voluntary contributions by including an insert and return envelope in the mailing containing the annual public benefits report required by s. 16.957(4)(am), Stats. Each electric utility may provide opportunities for its residential and non-residential customers to make voluntary contributions to an energy assistance fund administered by the electric utility at other times and by other methods.
(2) DESIGNEE FOR RECEIPT. The department may provide a designee to receive voluntary contributions from an electric utility's customers. Each electric utility shall forward any voluntary contributions it receives for the fund administered by the department to the department or its designee. The department's designee shall receive, process and keep records of all voluntary contributions.
Adm 43.11 Reports and annual statements. (1) INITIAL ANNOUNCEMENT. The department shall prepare an initial announcement of the public benefits fee program to be included by each non-municipal electric utility with its first bill in which the fee is included. Upon prior written approval by the department, a non-municipal electric utility may modify the text in order to fit within the constraints of the utility's billing system capabilities.
(2) FINANCIAL REPORT. No later than 60 days after the end of each fiscal year, each non-municipal electric utility shall submit to the department a complete financial report of its public benefits fee. The report shall include a complete explanation of the collection reconciliation and the balance as of the end of the fiscal year, details of the application of its public benefits fee collection plan, the amount collected by customer class, and any other matter the department determines necessary.
(3) DEPARTMENT STATEMENT. The department shall provide each non-municipal electric utility with an annual statement within 120 days of the end of each fiscal year identifying the total annual amount of the public benefits fee collected by each non-municipal electric utility, and describing the programs for which the public benefits fees were used.
(4) NON-MUNICIPAL ELECTRIC UTILITY STATEMENT. Each non-municipal electric utility shall distribute the department's annual statement to each of its residential and non-residential customers. A non-municipal electric utility shall not be required to provide an individual customer the specific amount of public benefits fees assessed to that customer when it distributes the department's annual statement.
Adm 43.12 Appeals. (1) RIGHT TO PROTEST. A non-municipal electric utility that disputes the department's denial or modification of its proposed public benefits fee collection plan, the denial of an expense request, or the denial of a reconciliation statement may protest to the department. The non-municipal electric utility shall serve the protest in writing on the administrator of the department's division of energy and public benefits within 15 days of the receipt of the department's denial of the proposed public benefits fee collection plan under s. Adm 43.07, the reconciliation statement under s. Adm 43.08, or the expense claim under s. Adm 43.09.
(2) AUTHORITY TO RESOLVE PROTESTS. The administrator of the department's division of energy and public benefits shall have the authority to settle and resolve any protest brought under this subsection. If the protest is not resolved by mutual agreement, the division administrator shall promptly issue a written decision to the protesting utility.
(3) APPEAL. A protesting utility may appeal the decision of the division administrator by alleging a violation of statute or a provision of this chapter to the secretary of the department within 30 calendar days of issuance of the administrator's decision. The secretary or designee shall take necessary action to settle and resolve the appeal and shall promptly issue a decision in writing which shall be mailed or otherwise served on the protestor.
Note: Implementation of the public benefits fee collection plan shall begin in fiscal year 2001. For fiscal year 2000, the department may, at its discretion, modify any deadlines contained in this rule upon notification to appropriate parties.
Notice of Hearing
Administration
Notice is hereby given that pursuant to ss. 16.004(1), 16.957(2)(c) and 227.11(2)(a), Stats., and interpreting s. 16.957(2)(b), Stats., the Department of Administration will hold a public hearing to consider the creation of ch. Adm 44, Wis. Adm. Code, relating to Energy Conservation and Efficiency and Renewable Resources Programs.
Hearing Information
June 16, 2000 Dept. of Administration
Friday State Office Bldg.
11:00 a.m. - 12:00 p.m. St. Croix Room (1st Floor)
101 East Wilson Street
Madison, WI 53702
The hearing site is accessible to people with disabilities. Interested persons are invited to present information at the hearing. People appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearings, should be directed to: Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, WI 53707-7864. Written comments must be received by June 30, 2000, to be included in the record of rule-making proceedings.
Fiscal Estimate
The administrative rule proposes requirements, procedures and criteria for energy grant funding. The rule also establishes procedures for the Department to address program continuation, reduction or discontinuation as of December 31, 2003. An appeal process is created. The Department is reviewing staffing requirements for the program and what cost may be associated with those requirements.
Contact Person
Donna Sorenson
Department of Administration
101 E. Wilson St., 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
Telephone (608) 266-2887
Analysis Prepared by the Department of Administration
Statutory Authority: ss. 16.004(1) and 16.957(2)(c)
Statute Interpreted: s. 16.957(2)(b)
Under s. 16.957(2)(b), Stats., the Department of Administration is required to promulgate rules for energy conservation and efficiency and renewable resource public benefits programs. The proposed rule establishes requirements, procedures and criteria to be followed by program administrators in soliciting and selecting applications for grant funding to be awarded by the department for energy programs established under s. 16.957(2)(b), Stats.
Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., the rule herein is not expected to negatively impact on small businesses.
Text Of Rule
SECTION 1. Adm 44 is created to read.
Chapter Adm 44
Energy Conservation and Efficiency
and Renewable Resource Programs
Adm 44.01 Authority. Sections 16.004(1) and 16.957(2)(c), Stats., authorize the department to promulgate rules for energy conservation and efficiency and renewable resource public benefits programs.
Adm 44.02 Purpose. The purposes of this chapter are to establish requirements, procedures and criteria to be followed by program administrators in soliciting and selecting applications for grant funding to be awarded by the department for energy programs established under s. 16.957(2)(b)1., Stats., and to determine public benefits program continuation or reduction.
Adm 44.03 Definitions. In this chapter:
(1) “Commission" means the public service commission.
(2) “Contractor" means a person who enters into a grant agreement with a program administrator.
(3) “Department" means the department of administration.
(4) “Division administrator" means the administrator of the division of energy and public benefits in the department of administration, or a designee.
(5) “Grant" means a financial award by the department to a contractor selected by a program administrator for the purpose of implementing a public benefits program.
(6) “Grant agreement" means a contract between a program administrator and a contractor containing the terms and conditions of a grant awarded under s.16.957 (2)(b), Stats.
(7) “Person" has the meaning set forth in s. 990.01(26), Stats.
(8) “Public benefits program" means a program established in accordance with s. 16.957(2)(b)1., Stats., and designated as such in a contract between the department and a program administrator under s. 16.957(3)(b), Stats.
(9) “Program administrator" means a non-stock, non-profit corporation organized under chapter 181 that contracts with the department to select contractors for, and administer, a public benefits program under s. 16.957(3)(b), Stats. or a designee approved by the department.
Adm 44.04 Grant solicitation and public notice. (1) COMPETITIVE SOLICITATION. A program administrator soliciting proposals for grants under s. 16.957(3)(b), Stats., shall ensure that all solicitations are conducted in a manner that provides for fairness and competition whenever practicable.
(2) PUBLIC NOTICE. (a) A program administrator shall provide reasonable public notice of all solicitations of grant proposals under s. 16.957(3)(b), Stats. Notice may be made through the print, broadcast, or telecommunications media, including the internet, at the discretion of the program administrator. The notice period shall be as specified in the contract entered into between the department and the program administrator under s. 16.957(3)(b) Stats., which shall be commensurate with the scope of the grant.
(b) The notice shall include the purpose of the grant, the selection criteria, application procedures, and all applicable solicitation deadlines that an applicant is required to meet, or shall contain instructions for obtaining this information.
(3) APPLICATION REQUIREMENTS. All applications for a grant under s. 16.957(2)(b)1., Stats., shall be submitted to the department or the program administrator as directed in the notice provided under this section, on forms prescribed by the department. All applications must be fully completed, executed by an individual having authority to act for the applicant, and submitted by the required filing deadline.
Adm 44.05 Contractor selection criteria. (1) Prior to the solicitation of a grant under s. 16.957(2)(b)1., Stats., the program administrator shall submit to the department the selection criteria to be used to evaluate grant applications and select a contractor. Selection criteria for all proposals shall be designed to evaluate the following:
(a) Compliance with s. 16.957(2)(b)1., Stats.
(b) Qualifications and financial soundness of the applicant.
(c) Technical feasibility and quality of the proposed work plan, including the feasibility of the proposed goals and performance measures and feasibility of the environmental and economic benefits identified as objectives of the application.
(d) Compliance with the policies and goals of the public benefits program.
(e) Other factors the department or program administrator considers relevant.
(2) The department may modify or reject the proposed criteria in writing to the program administrator. The division administrator and the program administrator may negotiate new criteria to replace any modified or rejected criteria.
(3) The program administrator shall notify the division administrator in writing of its intent to make a grant award to a contractor, but shall not enter into a grant agreement with the selected contractor for at least five (5) business days after notice is received by the division administrator. The program administrator may chose to negotiate a combination of proposals from various contractors, if the program administrator determines that such a combination would better meet the objectives of its contract with the department.
