Exemption from finding of emergency
At the direction of the Joint Committee for Review of Administrative Rules under s. 227.26 (2) (b), Stats., the Commission adopts a rule to create s. PSC 2.06, Wis. Adm. Code, relating to procedures for the confidential treatment of records.
Analysis by the Public Service Commission
Statutory authority: ss. 196.02(1) and (3), 227.11, 227.24 and 227.26, Stats.
Statutes interpreted: ss. 196.14, 196.72 and 196.795 (9), Stats.
On August 15, 2000, the Commission voted to promulgate administrative rules on requests for confidential handling of documents filed with the Commission. On September 20, 2000, the Joint Committee for Review of Administrative Rules directed the Commission to adopt a rule on the subject under s. 227.26 (2) (b), Stats. This rule creates a process for obtaining a designation of confidential status. Under the rule, a determination on whether information shall be treated confidentially shall be made at the time the information is given to the Commission. Under previous Commission procedures, if a person filing a document sought confidential treatment of information in the document, the filer could do so by identifying the grounds under which confidentiality could be granted. The Commission would accept the filing, but the acceptance did not constitute a determination that public access to the information would not be permitted. The Commission would determine if confidential status should be granted when a request for that information was made by another person.
Under this rule, a person who wishes the Commission to keep confidential information in the possession of the Commission, or requested by the Commission, must make an application for confidential status. The application must identify the information for which confidential treatment is sought and identify the authority under which confidential status should be granted. Within 21 days after receiving an application, the Commission may seek additional information from the applicant, if needed, to make a confidentiality determination. The applicant must respond within 30 days to the information request.
The Commission will make a determination on a confidentiality request within 30 days of receiving the additional information or within 30 days of the filing of the application if no additional information is needed. The determination will specify what, if any, information is given confidential treatment and the basis for that determination.
The Commission will give the applicant written notice of its determination. The Commission shall post all determinations regarding confidentiality on its website and may give other appropriate notice. If an applicant is authorized to file information confidentially in the context of a Commission proceeding, the applicant shall serve a copy of the determination on all persons listed on the service list for that proceeding.
Publication Date:
October 23, 2000
Effective Date:
October 23, 2000
Expiration Date:
March 22, 2001
Extension Through:
May 20, 2001
2. Rules adopted amending s. PSC 116.06 (1) and (2), relating to the triggering mechanism and the period of time in which fuel costs are estimated for purposes of seeking an emergency or extraordinary rate increase under s. PSC 116.06.
Finding of emergency
In order to preserve the health, safety, and welfare of Wisconsin residential, commercial and industrial ratepayers it is necessary to amend s. PSC 116.06 (1) and (2), which would allow the Commission to grant a rate increase to an applicable Class A electric public utility based on estimated fuel cost for the year in which it is reasonably anticipated that the rate increase would go into effect. In granting the rate change the Commission must find, after a hearing confined solely to fuel costs, that the utility is eligible to seek an emergency or extraordinary rate increase under the current rule, an emergency or extraordinary increase in the cost of fuel exists, and the fuel cost increase will affect the utility's average yearly fuel costs for the year in which it is reasonably anticipated that the rate increase would go into effect so as to fall outside the established annual range for that year. This change would assist in implementing the rule at a time of volatile fuel costs.
Publication Date:
December 28, 2000
Effective Date:
December 28, 2000
Expiration Date:
May 27, 2001
Hearing Date:
January 23, 2001
Tobacco Control Board
Rules adopted creating ch. TCB 1, relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
Finding of emergency
The Wisconsin Tobacco Control Board finds that an emergency exists and that a rule is necessary for the immediate preservation of the health, safety and welfare of Wisconsin residents, particularly youth and current smokers. A statement of the facts constituting the emergency is as follows:
The health and fiscal impact of tobacco use are well documented. In Wisconsin alone, 7,800 deaths occur each year from tobacco-related disease. In addition, Wisconsin government, residents and health care providers pay over $1.3 billion annually for health care costs associated with tobacco use.
While tobacco's effects are in individuals' futures, immediate action is required to reverse the recent trend toward rising youth addiction and resulting long-term negative health effects of tobacco use. According to the Centers for Disease Control and Prevention, over 3,000 youths begin smoking every day in the United States. In Wisconsin alone, there has been a 19 percent increase in high school tobacco use since 1993, with over 38 percent of high school youth smoking a cigarette in the last month. This increase in youth tobacco use is particularly threatening since over 90 percent of current smokers began smoking before the age of 18. Of the current 1 million smokers in Wisconsin, half will die from tobacco-related diseases such as emphysema, lung cancer, heart disease and stroke.
In addition, tobacco use among specific populations continues to present an ongoing threat to the health of Wisconsin citizens. Wisconsin has a rate of tobacco use among pregnant women that is 30 percent higher than the national average. In addition, the national smoking rate among African-American youth doubled from 14 percent in 1993 to 28 percent in 1997. Finally, the 48% smoking rate of Medicaid recipients is twice the rate of the general population.
The ongoing and emerging health impacts and costs associated with tobacco use necessitate the immediate implementation of the comprehensive initiative to address tobacco use in Wisconsin.
The Board, through this order, is creating chapter TCB 1 relating to the Board's administering and awarding grants for tobacco control and establishing criteria for recipients of the grants. The rule is being promulgated under the authority of s. 255.15 (1m), Stats., for the purpose of establishing criteria, procedures, requirements and conditions for the award of project grants from the appropriation under s. 20.436 (1) (tc), Stats., to organizations that operate or propose to operate programs reducing tobacco use by preventing tobacco use, promoting tobacco use cessation and eliminating environmental tobacco smoke.
Publication Date:
November 7, 2000
Effective Date:
November 7, 2000
Expiration Date:
April 6, 2001
Hearing Date:
January 10, 2001
Scope statements
Financial Institutions
Subject
Section DFI—SB 16.03 (7) relating to investments in development companies.
Description of policy issues:
Description of the objective of the rule:
The objective of the rule is to create s. DFI—SB 16.03 (7). Description of existing relevant policies and new policies proposed to be included in the rule and an analysis of policy alternatives:
Currently state-chartered banks are authorized to invest, in an amount not to exceed in the aggregate 5% of its capital, in shares of small business investment companies located in this state. However, similar authorization does not exist for state-chartered savings banks. This rule authorizes state-chartered savings banks to similarly invest. This rule helps state-chartered savings banks to remain competitive with other financial institutions.
Statutory authority for the rule:
Section 214.03, Stats.
Estimate of the amount of time state employees will spend to develop the rule and other resources necessary to develop the rule:
Estimated time to be spent by state employees – 40 hours. No other resources are necessary.
Contact information:
For additional information, contact:
Mark Schlei, Deputy General Counsel
Department of Financial Institutions
Office of the Secretary
P.O. Box 8861
Madison, WI 53708-8861
Tel. (608) 267-1705
TTY (608) 266-8818
Financial Institutions
Subject
Section DFI—SL 16.05 relating to investments in development companies.
Description of policy issues:
Description of the objective of the rule:
The objective of the rule is to create s. DFI—SL 16.05.
Description of existing relevant policies and new policies proposed to be included in the rule and an analysis of policy alternatives:
Currently state-chartered banks are authorized to invest, in an amount not to exceed in the aggregate 5% of its capital, in shares of small business investment companies located in this state. However, similar authorization does not exist for state-chartered savings banks. This rule authorizes state-chartered savings banks to similarly invest. This rule helps state-chartered savings banks to remain competitive with other financial institutions.
Statutory authority for the rule:
Section 215.135, Stats.
Estimate of the amount of time state employees will spend to develop the rule and other resources necessary to develop the rule:
Estimated time to be spent by state employees – 40 hours. No other resources are necessary.
Contact information:
For additional information, contact:
Mark Schlei, Deputy General Counsel
Department of Financial Institutions
Office of the Secretary
P.O. Box 8861
Madison, WI 53708-8861
Tel. (608) 267-1705
TTY (608) 266-8818
Insurance
Subject
Revision of s. Ins 50.06 (2) (f), relating to notes to annual audited financial statements.
Policy analysis
Objective of the rule. This rule will simplify rule language concerning required notes to annual audited financial statements that insurers file with the commissioner.
Analysis. There is no policy change, current policy is to follow National Association of Insurance Commissioners' (NAIC) guidelines in the interest of uniformity, a change in NAIC guidelines makes specific language in the current rule superfluous.
Statutory authority
Sections 601.41 (3) and 601.42
Staff time required
10 hours
Natural Resources
