Register

(c) Short-term rental of generating facilities.

SECTION 5. PSC 116.03 (5) is created to read:

(5) “Opportunity sales" means those sales of electricity as defined in Wis. Adm. Code ch. PSC 117 for out of state sales and as defined by the commission in a rate proceeding for in state sales.

SECTION 6. PSC 116.04 (1) (a) and (b) 3. and 5. are amended to read:

PSC 116.04 (1) (a) In each rate proceeding the commission shall consider the costs of fuel in setting base rates and shall set ranges within which monthly fuel costs may vary from monthly estimates either on a monthly or a cumulative basis or both, and within which annual fuel costs may vary from annual estimates in terms of cost per kilowatt hour without being considered emergency or extraordinaryemergency or extraordinaryan extraordinary increase in the cost of fuel.

(b) 3. The types, quantities, and delivered costs of fuel expected to be used by the utility.

5. The possibility of sales or purchases of excess fuel or economy energy to or from other utilities or cooperatives possibility of sales or purchases of excess fuel or economy energy to or from other utilities or cooperatives cost effect of known or projected purchases of electricity or opportunity sales of electricity as determined in a rate proceeding.

SECTION 7. PSC 116.06 is amended to read:

PSC 116.06 Emergency and extraordinary increases. (1) If a utility's monthly or cumulative fuel costs exceed the ranges set in its rate proceeding, and the annual fuel costs will be affected so as to exceed the annual range, the utility may seek an emergency or extraordinary an emergency or extraordinary a rate increase in a proceeding limited in scope to the question of the emergency or extraordinary increase in the cost of fuel costs costs.

(2) After a hearing confined solely to fuel costs, an emergency or extraordinaryfuel costs, an emergency or extraordinarythe emergency or extraordinary increase in the cost of fuel, a rate increase based on an increase in an electric utility's monthly or cumulative costs of fuel may be granted only if the commission finds that the fuel cost increase will affect the utility's average yearly fuel costs so as to fall outside the established annual range.

(3) If an increase in rates is based on a hearing confined solely to fuel costs costs an emergency or extraordinary increase in the cost of fuel, the commission shall condition the increase on a refund of any excess revenues collected by the utility.

SECTION 8. PSC 116.07 is amended to read:

PSC 116.07 Decreases. (1) If a utility's monthly or cumulative fuel costs fall below the monthly ranges set in its rate proceeding, any interested person may seek a rate decrease in a proceeding limited in scope to the question of the decrease in fuel costs.

(2) A rate decrease based upon a decrease in an electric utility's monthly or cumulative cost of fuel shall be granted only if the commission finds that the fuel cost decrease will affect the utility's average yearly fuel costs so as to fall outside the established annual range.

SECTION 9. PSC 116.08 (1) is amended to read:

PSC 116.08 Initiation of hearings. (1) The commission may order an emergency or extraordinaryan emergency or extraordinary a rate increaseincrease proceeding under this chapter on its own motion or that of another interested person or or and may expand the scope of any rate proceeding held under this section section chapter to consider other issues in addition to the cost of fuel.

SECTION 10. PSC 116.09 is created to read:

PSC. 116.09 Deferrals. (1) In setting base rates for the utility, the commission shall set an amount above and below the annual fuel cost estimate as the utility's fuel cost deferral range.

(2) An electric public utility may apply for authority to defer recovery for its annual actual fuel costs in excess of the fuel costs it recovered in rates if it can show that its additional fuel costs exceeded its fuel cost deferral range and that, if granted, the deferral will not create excess revenues.

(3) The commission, after a special surcharge hearing or as part of the utility's next rate case, may grant the recovery of deferred fuel costs, if it finds that the utility's additional fuel costs exceed its deferral range and that the deferral will not create excess revenues.

(4) The commission shall consider, on its own motion, or by application of any interested person, a credit to an electric public utility's ratepayers for a reduction in annual fuel costs compared with the fuel costs collected in rates that fall below its fuel cost deferral range.

Initial Regulatory Flexibility Analysis

The proposed rule would apply to electric public utilities as defined by s. 196.20 (4) (a) (2), Stats. The proposed rule will not affect small businesses as defined in s. 227.114, Stats.

Fiscal Estimate

This rule change has no fiscal impact.

NOTICE IS HEREBY GIVEN that pursuant to s. 227.16 (2) (b), Stats., the Commission will hold a public hearing on these proposed rule changes in the Amnicon Falls Conference Room, at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on Tuesday, January 23, 2001, 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.

The Commission requests comments on the above issues. Any party who desires to file comments should submit an original and 15 copies as indicated at the beginning of the Notice. Members of the public need only file an original. These comments must be received by noon on Wednesday, January 17, 2000. Comments by fax are due one day earlier. Fax filing cover sheets must state “Official Filing" and include the docket number and the number of pages (limit of 20 pages). File by one mode only.

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 obtain this document in a different format should contact the case coordinator listed below.

Questions from the media may be directed to Jeffrey L. Butson, Public Affairs Director at [phone].

Questions regarding this matter may be directed to case coordinator Sharon K. Hennings at [phone] or by email at [e-mail]. Hearing or speech-impaired individuals may also use the Commission's TTY number at [phone].

Notice of Hearing

Public Service Commission

Hearing Date:   Thursday, January 18, 2001 – 9:00 a.m.

Hearing Location:   Public Service Commission, 610 North

    Whitney Way, Madison, WI

Comments Due:     Friday, January 19, 2001 – Noon

FAX Due:     Thursday, January 18, 2001 – Noon

Address Comments to:

  Lynda L. Dorr, Secretary to the Commission

  Public Service Commission

  P.O. Box 7854

  Madison, WI 53707-7854

  FAX [phone]

The Commission proposes an order to revise ch. PSC 163 relating to telecommunications utilities price regulation.

Analysis Prepared by the Public Service Commission of Wisconsin

Statutory Authority: ss. 196.02 (3), 196.196 (1) (c), and 227.11

Statute Interpreted: s. 196.196

In 1993 Wisconsin Act 496 (Act 496), the legislature enacted a new regulatory model to manage the transition to a competitive telecommunications marketplace. Act 496 allows telecommunications utilities to elect a price regulation plan as specified in s. 196.196, Stats.

The rules in this chapter contain a process to govern implementation of the price regulation plan specified in s. 196.196, Stats. Important features of this process include:

(1) electing price regulation;

(2) mechanics of calculating prices for services covered under price regulation;

(3) rate increases or rate structure changes independent of the price cap index;

(4) price regulation review.

One objective of the proposed rule revision is to make those changes to this chapter deemed necessary as a result of the Commission's review of price regulation pursuant to s. 196.196 (1) (g), Stats., and the annual reviews of price regulation for each price-regulated telecommunications utility. These changes include the new concept of an optional infrastructure investment objectives plan (an option available once a utility has completed its initial infrastructure commitment under s. 196.196 (5), Stats.), changing the penalty and incentive mechanism table, and adding two additional service quality components approved by the Commission. An additional objective of the proposed rule revisions is to update the citations and clarify language, where necessary. Finally, two sections where a significant amount of reorganizing was done are described below.

Section PSC 163.04 (2) (c), which deals with service quality, has been reorganized into s. PSC 163.04 (2) (c) through (ct) for clarity. Many portions have just been moved to other locations in the section (for example, much of s. PSC 163.04 (2) (c) 2. has been moved to s. PSC 163.04 (2) (cd) 1., much of s. PSC 163.04 (2) (c) 5. now appears in s. PSC 163.04 (2) (c) 2., and s. PSC 163.04 (2) (c) 6. through 8. are now in s. PSC 163.04 (2) (cp)). The establishment of initial service quality components, industry-wide standards, and company-specific benchmarks is discussed separately from the ongoing revisions of components, standards, and benchmarks. A new process has been created to ensure that any revisions to service quality benchmarks are completed before the beginning of the year to which they will be applied. Two additional Commission approved service quality components have been added. Finally, the Commission's ability to vary penalties due to exceptional or unusual circumstances has been changed to more closely match the language used in other PSC administrative rule chapters.

Section PSC 163.04 (2) (d), which deals with infrastructure investment, has also been reorganized into s. PSC 163.04 (2) (d) through (dw) for clarity. Again, many portions have just been moved to other locations in the section. The establishment of initial infrastructure investment components and benchmarks is discussed separately from the ongoing revisions of components and benchmarks. This section has also been updated to include the new concept of an optional infrastructure investment objectives plan. A new process has been created to ensure that any revisions to infrastructure benchmarks are completed before the beginning of the year to which they will be applied. Finally, the Commission's ability to waive all or a portion of an infrastructure penalty due to exceptional or unusual circumstances has been changed to more closely match the language used in other PSC administrative rule chapters.

Proposed Rules

Copies of the proposed rules can be obtained by contacting Tom Ferres, [phone].

Initial Regulatory Flexibility Analysis

These rules may have an effect on small telecommunications utilities, which are small businesses under s. 196.216, Stats., for the purposes of s. 227.114, Stats., because they may elect to become price regulated under s. 196.196 (1), Stats., which would result in these rules becoming applicable to them. The agency has considered the methods in s. 227.114 (2), Stats., for reducing the impact of the rules on small telecommunications utilities and finds that incorporating any of these methods into the proposed rules would be contrary to the statutory objectives which are the basis for the proposed rules. In addition, the election of price regulation under this chapter is voluntary, and more flexibility and less stringent compliance requirements for small telecommunications utilities are available in ss. 196.195 (12) and 196.196 (4), Stats.

At the time of this notice, there are 84 local exchange companies in Wisconsin, 77 of which are small telecommunications utilities. The agency finds that the availability of a voluntary price regulation election under s. 196.196, Stats., and the process set forth in this chapter to govern the price regulation election are in the public interest for all telecommunications utilities in the state.

Fiscal Estimate

These rules will have no fiscal impact on the agency or on any other state or local units of government. No additional fiscal burden will be imposed on the state or on small businesses as a result of these proposed rules.

NOTICE IS GIVEN that a hearing on these proposed rules will be held beginning on Thursday, January 18, 2001, at 9 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the case coordinator listed below.

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, January 19, 2001, at noon (Thursday, January 18, 2001, at noon, if filed by fax).

All written comments must include a reference on the filing to docket 1-AC-189. File by one mode only.

If filing by mail, courier, or hand delivery: Address as shown at the beginning of this Notice. 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-189), and the number of pages (limited to 20 pages for fax comments).

Contact Persons

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 Thomas Ferris, case coordinator, 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 obtain this document in a different format should contact the case coordinator listed above.

Notice of Hearing

Workforce Development

(Economic Support, Chs. DWD 11-59)

[CR 00-182]

NOTICE IS HEREBY GIVEN that pursuant to ss. 49.129(7) and 227.11(2), Stats., the Department of Workforce Development proposes to hold a public hearing to repeal rules relating to stale electronic food stamp accounts.

Hearing Information

January 19, 2001   GEF 1 Building, Room 400X

Friday     201 E. Washington Avenue

10:00 a.m.     Madison

Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.

An accessible entrance to the building is available via a ramp from the corner of Washington Avenue and Webster Street to the Webster Street entrance. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] at least 5 working days before the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.

Analysis Prepared by the Department of Workforce Development

Statutory authority:   Sections 49.129 (7) and 227.11 (2), Stats.

Statute interpreted:   Section 49.129, Stats.

Relevant federal law:   7 CFR 274.12 (f) (7)

The proposed rule repeals the existing s. DWD 14.24, which allows the department to deactivate electronic food stamp accounts that have not been accessed for 3 months or longer. After deactivation, the benefits are made available to the food stamp group if they reapply for food stamps or contact the local economic support agency.

DWD 14.24 was adopted in September 1999 when the department implemented the electronic delivery of benefits under the federal food stamp program. The policy of deactivating accounts that have not been accessed for 3 months was intended to ensure contact with food stamp recipients who are not using their benefit cards. Under federal food stamp regulations at 7 CFR 274.12 (f) (7) (i), adoption of this policy is optional.