Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above email or street address no later than April 15, 2002, will be given the same consideration as testimony presented at the hearing.
Analysis prepared by the Department of Public Instruction
2001 Act 16
modified provisions under s. 119.23
, Stats., relating to the Milwaukee Parental Choice Program (MPCP). To reflect the statutory changes Chapter PI 35
would be modified to:
Change the date a private school must annually submit notice of its intent to participate in the program from May 1 to February 1.
Reduce payments from MPCP summer school by 60%.
Other changes would be made to better ensure that participating schools are safe and make it easier for parents to participate in the program, including:
Creating optional open application periods for participating private schools starting in the 2002-03 school year.
Changing the dates student applications are due at the department.
Stating that submission of temporary permits would not meet the safety requirements of this program.
In addition, the following technical modifications would be made to Chapter PI 35
Define in rule, rather than by cross-reference to statute, “pupils enrolled" and “membership."
Eliminate conflicting language related to the attendance standard that schools can meet to continue participation in the program in the following school year.
Clarify the language related to counting students for the purpose of payment under the program and the requirement to return checks received by the school for students not present on the count dates.
Modify references to the name of the program in the rule to make it consistent with the statutory name of the program.
Local and State
The rules make several modifications to the Milwaukee Parental Choice Program (MPCP). It is assumed the only rule modification that will have a fiscal effect is the reduction in the MPCP summer school payment made as a result of 2001 Wisconsin Act 16
In FY02, prior to the enactment of Act 16, the MPCP summer school payment was calculated by multiplying the FTE summer school choice membership (158 FTE) by the per pupil payment of $5,553 totaling approximately $877,400. Act 16 requires the per pupil payment amount for summer school to be multiplied by 40%, reducing the summer school payment by 60%. For example, if the new calculation under Act 16, were applied to the FY02 summer school payment, $350,900 ($5,553 X 40% X 158 FTE) would have been paid. This amount is $526,500 (60%) less than what was paid using the previous formula ($877,400).
Under current law, 45% of the MPCP's cost is funded from a reduction in general equalization to Milwaukee Public Schools (MPS) and 55% from state general purpose revenue. MPS can replace the reduction in state aid with an increase in its property tax levy. Therefore, this provision:
Could allow MPS to reduce its levy by $236,925 ($526,500 X 45%).
Would allow the state to provide $289,575 less in funding ($526,500 X 55%).
As described above, Act 16 will reduce payments made to private schools offering MPCP summer school by 60%.
These rules will not have a fiscal effect on agency revenues or costs.
Initial Regulatory Flexibility Analysis
The proposed rules will not have an additional fiscal effect on small businesses as defined under s. 227.114 (1) (a)
, Stats, in implementing the provisions under Act 16.
Notice of Hearing
Hearing Date, Time and Location
Tuesday, April 30, 2002, 10:00 a.m.
Public Service Commission, 610 North Whitney Way, Madison, WI (Amnicon Falls Hearing Room – 1st Floor).
The Commission proposes an order to make application of s. PSC 113.0609
, Wis. Adm. Code, relating to customer satisfaction surveys discretionary with respect to municipal utilities, and to incorporate technical corrections to ch. PSC 113
, Wis. Adm. Code.
NOTICE IS GIVEN that pursuant to s. 227.16 (2) (b)
, Stats., a hearing will be held on Tuesday, April 30, 2002, at 10:00 a.m., in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, to consider the revision of these service rules for electric utilities. 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 docket coordinator listed at the end of this notice.
Analysis prepared by the Public Service Commission
The objective of this rulemaking is to make modifications to ch. PSC 113
, Wis. Adm. Code, based upon review after the repeal and recreation of the Chapter, which became effective in August 2000.
The proposed revisions to ss. PSC 113.0402 (3) (b)
and 113.0403 (4) (b)
, Wis. Adm. Code, are proposed to modify the timing requirements to be consistent with other sections in the chapter.
The objective of the revision to s. PSC 113.0609
, Wis. Adm. Code relating to customer satisfaction surveys is to make the provision of such surveys by municipal utilities discretionary. Its purpose in part is to recognize that municipal utilities focus solely on core electric utility services, are small in size, and have a close relationship with their customers. The intention of the surveys is to ensure that competition in non-core services does not adversely affect the quality and value of core utility services. The implementation of the surveys by the municipal utilities would be an unnecessary cost burden with less benefit from mandated surveys of municipal customers than would be gained from surveys of customers of larger investor-owned utilities.
The proposed revision to s. PSC 113.0803 (1)
Wis. Adm. Code would add the phrase “residential care apartment complex or similar facility" to follow Commission decisions incorporating such facilities as exempted from the separate metering requirement.
The proposed elimination of s. PSC 113.0811 (4)
Wis. Adm. Code is because prepayment meters are not allowed.
A statement of scope on this rule was approved by the Commission on September 13, 2001, and was published in the Wisconsin Administrative Register on October 15, 2001.
TEXT OF PROPOSED RULE
Section 1. PSC 113.0402 (3) (b) is amended to read:
PSC 113.0402 (3) (b) Upon termination of a guarantee contract, or whenever the utility deems the guarantee insufficient as to amount of surety, a cash deposit or new or additional guarantee may be required upon 20-day written notice to the customer. The service of any customer who fails to comply with these requirements may be disconnected upon 8 10 days' written notice.
Section 2. PSC 113.0403 (4) (b) is amended to read:
PSC 113.0403 (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 20-day written notice to the customer. The service of a customer who fails to comply with these requirements may be disconnected on 8 10 days written notice, subject to the establishment of an installment payment agreement.
Section 2. PSC 113.0607 (2) (b) 1a is amended to read:
PSC 113.0607 (2) (b) 1a 1. Inspection a. the Plan shall include a schedule for the periodic inspection as approved by the commission) of all facilities owned and operated by the utility and used to provide electric service to its customers. The Plan shall describe the method for inspection of each type of equipment as designated by the reporting utility. Checklist/report forms shall be included in the Plan.
Section 4. PSC 113.0607 (2) (b) 6 is amended to read:
PSC 113.0607 (2) (b) 6 Reporting requirements. Each utility shall provide a periodic report to the commission showing compliance with its Preventative Maintenance Plan. The report shall include a list of inspected circuits and facilities, the condition of the facilities according to established rating criteria, schedules established and success at meeting the established schedules. For generation facilities, the report shall include a summary of each generating unit's operating performance statistics based on the utility's GADS data, or other accepted industry data convention. Reported generating unit performance data shall include net dependable capacity, capacity factor, forced outage rate, scheduled outage rate factor, primary fuel and production technology type. The commission shall establish a periodic report schedule for each utility of at least once every 2 years.
Section 7. PSC 113.0609 (1) is amended to read:
113.0609 (1) Using methods approved by the commission, the utility each municipally owned electric public utility, as directed by the commission where there is cause to do so, and each investor-owned electric public utility, on an annual basis, shall fund annual regular quantitative assessments, made by an independent entity, of the satisfaction of all customer classes with the services they have received from the utility. The results of these assessments shall be filed with the commission. The utility shall provide to the commission a detailed report of the information from any research it has conducted in the past year to help assess:
(a) The satisfaction of the utility's customers with the services they have received from the utility.
(b) The specific new services or alterations to existing services desired by customers.
Section 6. PSC 113.0701 (1) is amended to read:
113.0701 (1) “Flicker" or “voltage flicker," as described by IEEE Standard 1100-1992 the Authoritative Dictionary of IEEE Standards Terms-7th Ed., means a variation of input voltage sufficient in duration to allow visual observation of a change in electric light intensity.
Section 7. PSC 113.0701 (2) is amended to read:
113.0701(2) “Harmonic distortion," as defined by IEEE Standard 1100-1992 the Authoritative Dictionary of IEEE Standards Terms-7th Ed.means a mathematical representation of the distortion of the pure sine waveform. Distortion of the pure sine waveform is typically caused by loads that draw current discontinuously or whose impedance varies during the cycle of the input ac voltage waveform.
Section 8. PSC 113.0701 (4) is amended to read:
113.0701 (4) “power quality," as defined by
IEEE Standard 1100-1992 the Authoritative Dictionary of IEEE Standards Terms-7th Ed., means the concept of powering and grounding sensitive electronic equipment in a manner that is suitable to the operation of that equipment.
Section 9. PSC 113.0701 (6) is amended to read:
113.0701 (6) “Sag," as defined by IEEE Std 1100-1992 the Authoritative Dictionary of IEEE Standards Terms-7th Ed., means an rms reduction in the ac voltage at the power frequency, for durations from a half-cycle to a few seconds.
Section 10. PSC 113.0701 (7) is amended to read:
113.0701 (7) “Swell," as defined by IEEE Std. 1100-1992the Authoritative Dictionary of IEEE Standard Terms-7th Ed., means an rms increase in the ac voltage, at the power frequency, for durations from a half-cycle to a few seconds.
Section 11. PSC 113.0701 (8) is amended to read:
PSC 113.0701 (8) “Transient," as defined by
IEEE Std. 1100-1992 the Authoritative Dictionary of IEEE Standards Terms-7th Ed., means a subcycle disturbance in the ac waveform that is evidenced by a sharp but brief discontinuity of the wave form. It Mmay be of either polarity and may be additive to or subtractive form the nominal waveform.
section 12. PSC 113.0803 (1) is amended to read:
PSC 113.0803 (1) Individual electric meters required for non-transient multi-dwelling unit residential buildings, mobile home parks, and for commercial establishments. Each dwelling in a multi-dwelling unit residential building and mobile home park constructed after March 1, 1980, shall have installed a separate electric meter for each such dwelling unit. Dwelling unit means a structure or that part of a structure which is used to or intended to be used as a home, residence or a sleeping place by one or more persons maintaining a common household and shall exclude transient multi-dwelling buildings and mobile home parks: for example, hotels, motels, campgrounds, hospitals, community-based residential facilitiesy, residential care apartment complexes or similar facilities, nursing homes, college dormitories, fraternities, and sororities.
Section 13. PSC 113.0811 (4) is repealed.
Section 14. PSC 113.0912 (1) (a) is amended to read:
PSC 113.0912 (1) (a) Before being placed in service. For new meters given a prior test by the manufacturer, the manufacturer's certified test results may be substituted for this requirement. for all meters tested under the provisions of s. PSC 113.0921.
Section 15. PSC 113.0913 (1) (a) is amended to read:
PSC 113.0913 (1) (a) Before being placed in service. For new meters given a prior test by the manufacturer, the manufacturer's results may be substituted for this requirement. for all meters tested under the provisions of s. PSC 113.0921.
Section 16. PSC 113.0914 (1) (a) is amended to read:
PSC 113.0914 (1) (a) Before being placed in service. For new meters given a prior test by the manufacturer, the manufacturer's certified test results may be substituted for this requirement. for all meters tested under the provisions of s. PSC 113.0921.
EFFECTIVE DATE; This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro)
Initial Regulatory Flexibility Analysis
In s. PSC 113.0403 (4) (b)
, Wis. Adm. Code, there is an increase in the written notice required to be provided to the commercial customer prior to disconnection. In s. PSC 113.0609 (1)
, Wis. Adm. Code, municipal utilities would be allowed to provide customer satisfaction surveys on an as needed basis rather than annually. Section PSC 113.0803 (1)
Wis. Adm. Code, would add residential care apartment complexes or similar facilities to the type of unit excluded from requiring a separate electric meter for each dwelling unit. Otherwise the proposed rules will have no effect on small business.
This rule has no fiscal impact. A completed Fiscal Estimate form is included as Attachment A.
Copies of Rule and Contact Person
Questions regarding this matter should be directed to docket coordinator Terri Kosobucki at (608) 267-3595. Hearing or speech-impaired individuals may also use the Commission's TTY number, (608) 267-1479.
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 docket coordinator listed above.
Notice of Hearing