Register

[CR 01-11]

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (intro.), 23.11 (1), 23.28 (3), 27.01 (2) (j) and 227.11 (2) (a), Stats., interpreting ss. 23.09 (2) (intro.), 23.28 (3), 27.01 (2) (I) and (j) and 28.03, Stats., the Department of Natural Resources will hold public hearings on the creation of s. NR 1.33 and revisions to ch. NR 45, Wis. Adm. Code, relating to public use of department lands. The proposed rule includes a policy of the Natural Resources Board on rock climbing expressing general recognition for rock climbing as an appropriate outdoor recreational activity on most Department properties. Proposed changes to ch. NR 45 give the Department authority to regulate climbing activities, including the potential for requiring a climbing permit.

The proposed rule also contains provisions to:

1. Allow the department to issue citations for use or possession of drug paraphernalia.

2. Prohibit paint-ball activities on department lands.

3. Allow the Department, by posted notice, to restrict the use of centerfire and rimfire rifles, handguns or shotguns with slugs on the Nevin Springs fish and wildlife area.

4. Prohibit jumping or diving into the St. Croix River off the cliffs at Interstate state park.

5. Prohibit fishing in designated beach areas.

6. Regulate bicycle usage and camping at the Willow Flowage scenic waters area.

7. Prohibit pets in the indoor group camps and place a minimum 2-day restriction on group camp reservations on weekends at the Black River state forest.

8. Allow unleashed dogs in designated pet swim areas.

9. Clarify other existing rules.

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.

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.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

April 24, 2001 Tuesday	Room 222 UW-Marathon Center 518 7th Avenue Wausau   at 11:00 a.m.
April 24, 2001 Tuesday	Large Conference Room DNR Headquarters 1125 N. Military Avenue Green Bay   at 4:00 p.m.
April 25, 2001 Wednesday	225 NW, State Capitol Madison   at 11:00 a.m.

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 Kathryn Fitzgerald at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule may be submitted to Ms. Kathryn Fitzgerald, Bureau of Facilities and Lands, P.O. Box 7921, Madison, WI 53707 no later than May 4, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [LF-04-01] and fiscal estimate may be obtained from Ms. Fitzgerald.

Fiscal Estimate

There is no significant fiscal impact. Most of the provisions in ch. NR 45 which are being created or amended are activities which are either an integral part of the day-to-day work of existing staff or would be incorporated into work activities. The only provisions that would have slight positive fiscal impacts are those being proposed related to defining vehicle fee areas at Black River Forest and clarifying that the fee exemption for Peninsula State Park golf course parking lot only applies to golfers and clubhouse patrons. The exact amount of revenue generated from these changes would be difficult to quantify and would be so insignificant that it has been included as “0" on the fiscal estimate worksheet. Correspondingly, any costs are likely to be insignificant and would likewise be difficult to estimate accurately.

Notice of Hearing

Natural Resources

(Environmental Protection - Remediation,
Chs. NR 700—)

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) and 227.24, Stats., interpreting s. 292.15 (2) (ae), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. RR-13-01 (E) pertaining to environmental insurance requirements for liability exemptions for voluntary remediation. This emergency order took effect on March 6, 2001. The statute directed the Department to promulgate rules to describe the requirements that must be met by a voluntary party seeking a Certificate of Completion where natural attenuation is employed as the remedial action. The statute includes a provision where the Department may require a voluntary party to obtain environmental insurance if the voluntary party wants to receive a Certificate of Completion before the groundwater enforcement standards are met through natural attenuation. This rule requires that all voluntary parties who apply for the liability exemption under this section obtain environmental insurance to cover the cost to clean up the environment is natural attenuation fails.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

April 16, 2001 Monday

Room 611A, GEF #2 101 South Webster Street Madison   at 1:00 p.m.

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 Michael Prager at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the emergency rule may be submitted to Mr. Michael Prager, Bureau of Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than April 20, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule may be obtained from Mr. Prager.

Fiscal Estimate

The department does not anticipate significant fiscal impacts from this rule. Parties seeking this optional liability exemption will be required to pay a one-time insurance fee to the department for insurance coverage. The department will then submit this fee to the contracted insurance underwriter to pay the insurance premiums required under the state's master insurance contract. As a result, we anticipate no net impact from this rule on the state. This rule is optional for parties who choose to conduct a voluntary cleanup and seek the voluntary party liability exemption using natural attenuation, where groundwater enforcement standards are being exceeded.

Notice of Hearing

Public Service Commission

[CR 01-33]

Hearing Date:   Tuesday, May 1, 2001 - 10 a.m.

Hearing Location:   Amnicon Falls Hearing Room - 1st Floor, Public Service Commission, 610 North Whitney Way, Madison, WI

Comments Due:   Friday, May 11, 2001 - Noon

FAX Due:   Thursday, May 10, 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 to amend Wis. Admin. Code ch. PSC 185 relating to Standards for Water Public Utility Service.

Analysis Prepared by the Public Service Commission of Wisconsin

Statutory authority: ss. 196.02 (3), 196.03, 196.16 (2) and 227.11 (2).

Statutes interpreted: ss. 196.02 (3), 196.03 (1) and 196.16 (2).

A hearing in this matter was originally held on December 5, 2000. However, while notice of that hearing was provided to all Wisconsin water utilities, the notice inadvertently was not published in the Wisconsin Administrative Register. To meet the statutory requirement of publication – and to allow interested parties the opportunity to comment on changes made as a result of the first hearing – a second hearing is being set for Tuesday, May 1, 2001 at 10:00 a.m. Persons who participated in the December 5, 2000 hearing may wish to submit written comments in lieu of attending the May 1, 2001 hearing.

The primary objectives of the proposed rule revisions are to update the water code for consistency with customer service provisions in the other utility industries, to clarify language and citations and to better reflect current technology and industry practice. Following is the analyses of the specific proposals. After these analyses are the instructions for the literal changes to the code.

SECTION 1. PSC 185.22 is amended for clarity and rewritten to maintain consistency with recent changes to PSC 113 of the electric code.

SECTION 2. PSC 185.33 (10) (a) is amended to limit the maximum monthly late charge rate from 1½ % to 1 % to comply with Wis. Stat. 138.05 (1) (a), and to be consistent with PSC 113 of the electric code.

SECTION 3. PSC 185.33 (13) (b) is amended to clarify that both a customer and a utility read of the water meter constitutes an actual read.

SECTION 4. PSC 185.33 (18) (c) is renumbered PSC 185.33 (18) (d).

SECTION 5. PSC 185.33 (18) (c) is created to allow a utility to request a signed application for residential service and verification of the identity and residency of an applicant for water service.

SECTION 6. PSC 185.361 (4) (b) is amended to change the time period consistent with SECTION 13. PSC 185.37 (11) (a) where the utility may not disconnect service until 10 days after the customer was noticed by the utility of the pending disconnection.

PSC 185.37 is concerned with the disconnection of water service and several parts of this rule have been reorganized and updated to be consistent with PSC 113 of the electric code.

SECTION 7. PSC 185.37 (1) (b) is amended to change the time period consistent with SECTION 13. PSC 185.37 (11) (a) where the utility may not disconnect service until 10 days after the customer was noticed by the utility of the pending disconnection.

SECTION 8. PSC 185.37 (1m) is created so that the utility may transfer past due utility bills of “jointly-metered property" (rental property) to the account of the property owner.

SECTION 9. PSC 185.37 (2) (am) is created so the utility can disconnect or refuse service to a customer who is delinquent on water service and tries to transfer service to a new account holder while the delinquent customer still resides within the household.

SECTION 10. PSC 185.37 (2) (e) and PSC 185.37 (2) (l) are amended to clarify the existing rule and to allow the utility to disconnect or refuse service to an applicant for service when the applicant does not provide the information set out in PSC 185.33 (18) (a), (b), and (c).

SECTION 11. PSC 185.37 (8) (h) is amended to clarify and expand utility requirements when a heat advisory, heat warning, or heat emergency has been issued.

SECTION 12. PSC 185.37 (8m) is created to clarify extenuating circumstances that utilities must consider before disconnecting a customer.

SECTION 13. PSC 185.37 (9) and (11) (a) are amended to clarify disconnection during the heating season and to change the time spans concerning disconnection and notices.

SECTION 14. PSC 185.38 (4m) is created to be consistent with ch. PSC 113 of the electric code and clarify utility responsibilities in handling deferred payment agreements.

SECTION 15. PSC 185.39 (2) (c) is amended to maintain consistency with ch. PSC 113 of the electric code. It clarifies expectations for utility response time involving complaints before the Commission.

SECTION 16.   PSC 185.75 (5) is amended to eliminate the requirement to test water meters upon removal. The replacement language protects the customer who is in a meter accuracy dispute by requiring the utility removing the old meter to test it for accuracy.

SECTION 17. PSC 185.76 (6) is created to provide flexibility for qualifying utilities to adopt a metering program that recognizes technological change and local water quality as it relates to meter life cycle costing.

SECTION 18. PSC 185.87 is repealed to eliminate unnecessary duplication with Wis. Admin. Code NR 811.08 (5) Maintenance.

Text of Proposed Rule

SECTION 1. PSC 185.22 is amended to read:

PSC 185.22 Information available to customers. (1) The utility shall keep on file in every station and office of the utility, where customer payments are received, copies of the rate schedules applicable in such locality. The utility shall keep copies of this chapter and such rules of the utility, as are applicable in every general and local office of the utility. A utility shall have copies of its rates and rules applicable to the locality available in its office where payments are received and at area libraries. A utility shall give reasonable notice to customers as to where the information is available to them.

SECTION 2. PSC 185.33 (10) (a) is amended to read:

PSC 185.33 (10) (a) The amount of the charge shall be no more than one and one-half percent per month for late charges related to service provided for the utility's residential class of customers, and shall be no more than one and one-half percent per month for late charges related to service provided for all other purposes. and The amount of the charge shall be filed with and approved by the Commission before it shall be applied.

SECTION 3. PSC 185.33 (13) (b) is amended to read:

PSC 185.33 (13) (b) The utility may leave a meter reading form when access to a meter cannot be gained. If requested by the customer, the utility shall provide such a form. If no form is left on the premises, or if the form is not returned in time to be processed in the billing cycle, a minimum or estimated bill may be rendered. In cases of emergency the utility may render minimum or estimated bills without reading meters or supplying meter reading forms to customers. Only in unusual cases or when approval is obtained from the customer may more than 3 consecutive estimated or minimum bills be rendered. Except in unusual cases, a meter reading by the customer or the utility shall be obtained after 3 consecutive estimated or minimum bills have been rendered.

SECTION 4. PSC 185.33 (18) (c) is renumbered PSC 185.33 (18) (d).

SECTION 5. PSC 185.33 (18) (c) is created to read:

PSC 185.33 (18) (c) 1. A utility may request a signed application for residential service and verification of the identity and residency of an applicant for residential service at a premises where a bill remains unpaid for service provided within the previous 24 months.

2. Any one of the items under subd. a. or any 2 of the items under subd. b. shall constitute adequate verification of identity, although a utility may accept other forms of verification:

a. Photo identification card, driver's license, or U.S. military card.

b. Current utility bills, bank statements, rental agreements, or letter of identification from a social service agency or employer.

3. Any two of the following items shall constitute adequate verification of residency, although a utility may accept other forms of verification: current utility bills, bank statements, rental agreements, or letter of identification from a social service agency or employer.

4. An applicant denied or refused service because of this subsection shall be informed in writing of his or her ability to dispute the matter through the public service commission, and shall be provided with the address and telephone number of the commission.

SECTION 6. PSC 185.361 (4) (b) is amended to read:

PSC 185.361 (4) (b) On termination of a guarantee contract, or whenever the utility deems the amount of surety insufficient, a cash deposit or a new or additional guarantee may be required on a 20-day written notice to the customer. The service of a customer who fails to comply with these requirements may be disconnected on an 8 a 10-day written notice, subject to the establishment of a deferred payment agreement for the deposit.

SECTION 7. PSC 185.37 (1) (b) is amended to read:

PSC 185.37 (1) (b) At least 8 10 calendar days prior to disconnection, the utility shall give a written notice of disconnection upon a form approved by the commission and which conforms to the requirements of sub. (11) unless excepted elsewhere.

SECTION 8. PSC 185.37 (1m) is created to read:

PSC 185.37 (1m) Prior to disconnecting a jointly-metered property containing more than one rental dwelling unit and where service is in the property owner or manager's name, the utility shall first make an attempt to transfer the debt to the property owner's or manager's residence or office service. If a transfer is permitted under sub. (7) (a), the utility shall pursue available collection efforts at the owner's or manager's property prior to disconnecting the jointly-metered property.

SECTION 9. PSC 185.37 (2) (am) is created to read:

PSC 185.37 (2) (am) Delinquency in payment for service received by a previous account holder or customer at the premises to be served, if an account is transferred to a new account holder or customer and the previous account holder or customer continues to be an occupant of the dwelling unit to be served.

SECTION 10. PSC 185.37 (2) (e) and PSC 185.37 (2) (l) are amended to read:

PSC 185.37 (2) (e) Refusal or failure to permit authorized utility personnel to read the meter at least once every 6 4 months where the utility bills monthly or bimonthly, or at least once every 9 months where the utility bills quarterly or less frequently than quarterly. The 4- 6- or 9- month period begins with the date of the last meter reading;

PSC 185.37(2)(l) Failure of an applicant for utility service to provide the credit information necessary to establish new service or evaluate the need for a deposit or deferred payment agreement set forth in s. PSC 185.33(18) (a), (b) and (c).

SECTION 11. PSC 185.37 (8) (h) is amended to read:

PSC 185.37 (8) (h) If a heat advisory or warning has been declared by the national weather service for a geographic area which includes part or all of the utility service area. The utility may not disconnect service in affected counties when a heat advisory, heat warning, or heat emergency issued by the national weather service is in effect. A utility shall make reasonable attempts to reconnect service to an occupied dwelling that has been disconnected when an occupant states that there is a potential threat to health or life that results from the combination of the heat and loss of service. The utility may require that an occupant produce a licensed physician's statement or notice from a public health, social services, or law enforcement official which identifies the medical emergency for the occupant. Upon expiration of the heat advisory, heat warning, or heat emergency, the utility may disconnect service to a property that was reconnected during this period without further notice if an appropriate payment arrangement has not been established.