Register

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.

Based on feedback from local agencies, client advocates, and others, the department is now concerned that the process by which accounts are deactivated and then need to be reactivated has the potential to serve as a barrier to participation, particularly among the elderly and disabled. The department has decided that this potential outweighs any value the current policy may have in ensuring contact with recipients. The new policy will repeal the department's authority to deactivate accounts that have not been accessed for 3 months. The department will initiate other efforts to communicate with recipients who are not using their cards to discuss any concerns they may have.

DWD 14.25, which provides for expunging electronic food stamp accounts that have not been accessed for one year, is mandatory under federal food stamp regulations at 7 CFR 274.12 (f) (7) (ii) and remains unchanged.

Rule Text

SECTION 1. DWD 14.24 is repealed.

Initial Regulatory Flexibility Analysis

The proposed rule will not affect “small business" as defined in s. 227.114 (1) (a), Stats.

Fiscal Estimate

There will be some costs associated with changing the internal and vendor automation systems but they are unknown at this time and will be absorbed within the department's budget.

Contact Information and Written Comments

Written comments on the proposed rules received at the following address no later than January 24, 2001, will be given the same consideration as testimony presented at the hearing.

Elaine Pridgen

Office of Legal Counsel

Dept. of Workforce Development

P.O. Box 7946

Madison, WI 53707-7946

[phone]

Notice of Hearing

Workforce Development

Worker's Compensation, Ch. DWD 80

[CR 00-181]

The Wisconsin Department of Workforce Development proposes an order to repeal and recreate DWD 80.67 relating to worker's compensation insurer name change or reorganization.