Register

Notice is hereby given that pursuant to ss. 31.02(2), 31.19, 31.33, 87.30 and 227.11(2)(a), Stats., interpreting ss. 31.02(2), 31.19, 31.33 and 87.30, Stats., the Department of Natural Resources will hold a public hearing on the revisions to s. NR 116.08 and ch. NR 333, Wis. Adm. Code, relating to dam design and construction standards and zoning below dams. The proposed revisions to ch. NR 333 update technical engineering practices associated with dam construction and repairs and provide consistency with federal guidelines regarding dam hazard ratings for dams based on downstream development. The proposed rule changes:

Add definitions for development, land use controls and open space use.

  Eliminate the unnecessary term “preliminary dam hazard rating" in favor of "dam hazard rating" and allow for the assignment of a dam hazard rating for existing dams after a directive in a dam safety inspection report is issued and clarifies that the necessary dam failure analysis is to be provided by the owner.

  Provide more detail on the minimum contents of the required report for the engineering hydraulic, hydrologic and stability analyses and eliminates suggested dam breach parameters since they are in the DAMBRK and FLCWAV computer model user documentation.

  Include a requirement for a dam owner to submit the estimated cost of removing the dam and restoring the channel to its natural condition and allows the dam owner to use that estimate if less than the cost of construction or repair of the dam to meet the financial assurance requirements.

  Greatly simplify language on dam hazard rating determinations and add language that considers the potential or probable loss of human life in the hazard rating definitions.

  Eliminate the unnecessary distinction between minor and major dams.

  Specify minimum standards for an adequate emergency action plan in the event of a dam failure.

  Extend require time limits for department approvals or actions

  Eliminate the existing paradox that a dam owner could face by trying to comply with ch. NR 333 requirements to secure a low hazard rating for the dam and the associated less costly lower spillway capacity requirements. Once the dam has met the low hazard requirements of ch. NR 333, it can be considered a “safe" dam under the current s. NR 116.08 standards. This would then allow a community under s. NR 116.08 to adopt floodplain zoning downstream of a “safe" dam that could allow development to occur below the dam. This new development would then change the dam hazard rating to significant or high and would require the dam owner to undertake significant and potentially costly modifications to increase the dam's spillway capacity to the higher requirements of ch. NR 333 for significant or high hazard dams.

Initial Regulatory Flexibility Analysis

Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

Environmental Assessment

Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Hearing Information

October 19, 2000   Room 514

Thursday   GEF #2 Office Bldg.

at 10:00 a.m.   101 South Webster Street

  Madison

Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call John Coke at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written Comments and Contact Information

Written comments on the proposed rule may be submitted to Mr. John Coke, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than October 26, 2000. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WT-34-00] and fiscal estimate may be obtained from Mr. Coke.

Fiscal Estimate

There is no fiscal effect.

Notice of Hearing

Public Service Commission

[CR 00-138]

Notice is hereby given that pursuant to s. 227.16(2)(b), Stats., the Commission will hold a public hearing on a proposed rule amending ch. PSC 167, relating to extended area telephone service in the Amnicon Falls Hearing Room, at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on Wednesday, November 1, 2000 at 10 a.m. 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 hearing record will be open for written comments from the public, effective immediately, and until Friday, November 17, 2000, at noon (Thursday, November 16, 2000, at noon, if filed by fax). All written comments must include a reference on the filing to docket 1-AC-200. File by one mode only.

If filing by mail, courier, or hand delivery:

Lynda L. Dorr

Secretary to the Commission

Public Service Commisison

P.O. Box 7854

Madison, WI 53707-7854

FAX: [phone]

Industry parties should submit an original and 15 copies. Members of the general public need only file an original.

If filing by fax: Send fax comments to [phone]. Fax filing cover sheet MUST state “Official Filing," the docket number (1-AC-200), and the number of pages (limited to 20 pages for fax comments).

Analysis Prepared by the Public Service Commission of Wisconsin

Statutory authority: ss. 196.02(3) and 227.11(2)

Statute interpreted: s. 196.37

The Public Service Commission of Wisconsin proposes an order to amend ch. PSC 167 relating to the establishment of new extended area telephone service arrangements.

Section 196.37, Stats., permits the Commission to determine and order reasonable rates, tolls, charges, schedules, or joint rates when it finds, after investigation, that any such rate, toll, charge, schedule, or joint rate is unjust, unreasonable, insufficient, or unjustly discriminatory or preferential or otherwise unreasonable or unlawful.

Extended area telephone service is a telephone service that allows customers in one exchange to call customers in other exchanges that are outside the customers' usual local calling area without incurring toll charges. Chapter PSC 167 contains the process for consideration of petitions seeking the establishment of extended area service (EAS) arrangements. One step in the process is to conduct a survey of customer willingness to pay the rate increase that would result if an EAS petition were granted.

After a hearing about concerns with the survey balloting process, the Legislature's Joint Committee for Review of Administrative Rules (JCRAR) requested that the details concerning the current balloting process be added to PSC ch. 167.

These rule changes add detail concerning:

  Who will be surveyed.

  What information must be included in the ballot mailing.

  How to determine whether ballots have been timely submitted.

  How to ballot a customer with several telephone lines.

  When ballots will be counted.

  How unmarked ballots will be handled.

A Statement of Scope on this rule was approved by the Commission on August 8, 2000, and was published in the Wisconsin Administrative Register on August 31, 2000.

Text of Proposed Rule

SECTION 1. PSC 167.08(1) shall be renumbered 167.08(1)(a) and amended to read:

(1)(a) Subsequent to the determination of the rate increments necessary to provide the requested extended area service, or reasonable variations of the requested service, the commission shall direct the utilities to conduct a survey of customer willingness to pay the necessary rate increments. The survey shall be approved by the commission and distributed to all customers who would experience a rate increase if the petition for extended area service is granted.

SECTION 2. PSC 167.08(1)(b) and (c) shall be created to read:

(b) For purposes of this section, “customer" does not include any person who is provided with free local telephone service, or who for any reason would not experience a rate increase if extended area telephone service is approved.

(c) The survey ballot and accompanying information shall be approved by the commission. Ballots shall be addressed for return to the commission with no additional postage required. The information accompanying the ballot shall indicate all of the following:

1.   The number of customers served by the balloted exchange at the time of balloting.

2.   The number of “Yes" votes required to move the matter to hearing.

3.   The date determined by the commission by which ballots must be postmarked or filed with the commission in order to be considered valid.

SECTION 3. PSC 167.08(1m)(a) and (b) shall be created to read:

(1m)(a) Ballots shall be distributed to all customers who will experience a rate increase if the petition for extended area telephone service is granted. A customer with several lines shall be considered a single customer, if the lines are in the same classification of service.

(1m)(b) Ballots shall be counted by the commission no earlier than one week after the deadline for the postmark or filing of ballots in sub. (1)(c)3. Voting results, including preliminary totals, shall not be released prior to this official counting. Only official ballots shall be counted. Ballots returned with no preference indicated shall be counted as “No" votes.

SECTION 4. PSC 167.08(2) shall be amended to read:

(2) Unless at least 50% of the customers in one of the surveyed exchanges respond favorably to the requested service, or to a variation of the requested service, the petition shall be denied , and. If the petition is denied, the commission need not consider any petition for extended area telephone service between those exchanges for two 2 years.

Initial Regulatory Flexibility Analysis

The proposed rules would apply to the entities defined in ch. 196, Stats. This includes small telecommunications utilities, which are small businesses under s, 196.216, Stats., for the purposes of s. 227.114, Stats. (There are 76 small telecommunications utilities in Wisconsin.) However, these rules only come into effect if a petition for EAS is filed and certain threshold requirements on calling volumes are met. Further, this rule imposes no new requirements or procedures on utilities since they codify current practice.

Fiscal Estimate

This rule change has no fiscal impact.

Contact Information

Questions from the media may be directed to Jeffrey L. Butson, Public Affairs Director at [phone]. Other questions regarding this matter should be directed to Tom Gross at [phone], or by email at [e-mail]. Hearing or speech-impaired individuals may also use the Commission's TTY number, [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 Tom Gross, as indicated in the previous paragraph, as soon as possible.

Notice of Hearing

Transportation

[CR 00-137]

Notice is hereby given that pursuant to ss. 85.16(1) and 227.11(2), Stats., and interpreting s. 85.20, Stats., the Department of Transportation will hold a public hearing in Room 951 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 19th day of October, 2000, at 10:00 AM, to consider the amendment of ch. Trans 4, Wis. Adm. Code, relating to the state public transit operating assistance program.

Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

Written Comments