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
Statutory authority: ss. 196.02 (3) and 227.11 (2), Stats.
Statute interpreted: ss. 196.499 (14) and 196.58 (4), Stats.
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 proposed revisions to ss. PSC 113.0607 (2) (b) 6, 113.0701 (1), (2), (4), (6), (7), (8), 113.0912 (1) (a), 113.0913 (1) (a) and 133.0914 (1) (a), Wis. Adm. Code are to provide more accurate descriptive language in the various rule sections.
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), Stats.
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.
Fiscal Estimate
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
Regulation and Licensing
[CR 02-030]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2) and 480.08 (6), Stats., and interpreting s. 480.08 (6), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal ss. RL 128.02 (2), 128.04 (5) and 128.07; to amend ss. RL 128.02 (1), (4) and 128.04 (1); to repeal and recreate s. RL 128.03; and to create ss. RL 128.015 and 128.04 (1m) and a Note following s. RL 128.04 (1m), relating to education requirements prior to first renewal, courses and examinations, approval of educational programs, courses and instructors.
Hearing Date, Time and Location
Date:   March 26, 2002
Time:   10:00 a.m.
Location:   1400 East Washington Avenue
  Room 281
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 5, 2002, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 227.11 (2) and 480.08 (6), Stats.
Statutes interpreted: s. 480.08 (6), Stats.
In this proposed rule-making order the Department of Regulation and Licensing, with the advice and counsel of the Auctioneer Board, amends ch. RL 128 for the purpose of reestablishing continuing education requirements for registered auctioneers. The current provisions in ch. RL 128, state the requirements for the approval of courses and instructors, the certification of completion of courses, and an optional test-out examination. However, these provisions have had no validity since December 31, 2000, because a sunset provision in s. RL 128.07 stated that this chapter only applied to registered auctioneers when renewing a registration as an auctioneer for the January 1, 1999-December 31, 2001 biennium.
In proposing to reestablish continuing education for auctioneers, the department proposes to amend several of the provisions that are in the current rule and to create a few new provisions. The following substantive changes are proposed:
Section RL 128.02 (1) reduces the number of continuing education hours from 9 to 6 hours each biennium. This section continues the requirement for an indefinite period of time. This section also exempts registrants from the continuing education requirement if they had obtained an initial registration certificate within 6 months before the renewal deadline.
Section RL 128.03 (1) gives the department the authority, with the advice and recommendations of the board, to determine the contents of the 6 hours of instruction every 2 years before the beginning of a new licensing biennium. Section RL 128.03 (2) requires a course provider to give a written examination subsequent to the completion of instruction of each course. A registered auctioneer would be required to pass the examination in order to receive credit for the course. The rule also defines the nature of the examination and the requirements for passing the examination.
Section RL 128.04 (1m) describes the conditions for approval of distance education courses. “Distance education" is defined in s. RL 128.015.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Transportation
[CR 02-028]
NOTICE IS HEREBY GIVEN that pursuant to ss. 218.0152 (1) and 227.11, Stats., and interpreting ss. 218.0116 (1) (cm), (e), (gm), (im) 2., (j) and (km), 218.0141 and 218.0144, Stats., the Department of Transportation will hold a public hearing in Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 4th day of April, 2002, at 1:00 PM, to consider the amendment of ch. Trans 139, Wis. Adm. Code, relating to motor vehicle trade practices.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business April 5, 2002, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Adam Boardman, Division of Motor Vehicles, Dealer Section, Room 806, P. O. Box 7911, Madison, Wisconsin 53707-7911.
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