Rule-making notices
Notice of Hearing
Hearing Information
The public hearing will be held:
Date & Time Location
February 17, 2003 Conference Room
Monday State Office Building
10 a.m. - 2:00 p.m. 1 West Wilson St.-Room B155
Madison, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
2001 Wisconsin Act 109 amended sections 146.50 (6) (a) 2., (b) 2. and (8) (b) 3. by adding the requirement that as of January 1, 2003, to receive an initial or renewed EMS license or first responder certification, the applicant must have received training in response to acts of terrorism. Section
146.50 (6) (b) 2. of the statutes specifically directs the Department, in conjunction with the technical college system board, to promulgate rules specifying training, education, or examination requirements for training in response to acts of terrorism. The training must be completed by all persons desiring to receive an initial or renewed license or certification after January 1, 2003. To enforce and administer this statutory requirement, the Department must revise the administrative rules associated with the licensing of Emergency Medical Technicians (EMTs) – Basic and EMTs- Basic IV (found in ch.
HFS 110), EMTs- Intermediate (found in ch.
HFS 111), EMTs – Paramedic (found in ch.
HFS 112) and First Responders (found in ch.
HFS 113.) The permanent rules will replace an identical emergency rules that took effect on December 31, 2002.
Contact Person
The initial proposed rules upon which the Department is soliciting comments and which will be the subject of this hearing are posted at the Department's administrative rules website at:
To find out more about the hearing, or to comment on the proposed rule, please write or phone:
Nan Turner
Division of Public Health
P.O. Box 2659
Madison, WI 53701-2659
608-266-9781 or, if you are hearing impaired,
(608) 266-1511 (TDD)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rule received at the above address no later than Wednesday, February 24, 2003, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
Recent statutory changes through
2001 Wisconsin Act 109 require first responders and EMTs to receive training for response to acts of terrorism. These rule amendments revise the Department's training requirements for licensing first responders and emergency medical technicians (EMTs) at all levels to include language for awareness training for possible terrorism events.
The Department is integrating the additional training into existing EMT courses starting January 2003. Those persons trained between July, 2002 and January, 2003, however, will need to complete a supplementary 4-hour training module. Department staff will have some additional workload developing the training, including a possible internet-based training option. However, the Department does not anticipate that this training will result in either significant new expenditures or revenues of state or local governments. The acquisition of a supplementary 4-hour training module may require additional, albeit, minor expenditures.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.033,
29.335,
29.885,
227.11 and
227.24, Stats., interpreting ss.
29.033,
29.177 and
29.335, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-15-03(E) pertaining to the use of baiting to control and management of chronic wasting disease. This emergency order took effect on January 11, 2003. The emergency order authorizes the Department to allow landowners within the CWD eradication zone to hunt deer over bait by permit. The rule will help the Department meet deer herd reduction goals in the CWD eradication zone. Without the use of additional management tools, herd reduction may not be sufficient to reduce the spread of CWD from the infected area in western Dane and eastern Iowa counties. Shooting deer over bait in winter is a very effective deer culling method.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, February 11, 2003 at 1:00 p.m.
Room 027, GEF #2
101 South Webster Street
Madison, WI
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 Bill VanderZouwen at (608) 266-8840 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Department costs will be incurred as a result of assisting in the establishment of bait sites for landowners and issuing permits to landowners who choose to utilize bait and allow the DNR to access their property to eradicate deer in the CWD Eradication Zone the costs are detailed below:
16,000 lbs of bait (40 lbs of corn per landowner x 400 participating landowners) x $3 / 40 lbs of corn.............$1,.200
Vehicle mileage - 10,000 miles @ $0.30/mile..........$3,000
Salary & Fringe - 4 FTEs x $21.63/hr. in salary and fringe x 8 weeks x 20 hours / week........................................$13,843
TOTAL.................................................................$18,043
Contact Person
Written comments on the emergency rule may be submitted to Mr. Bill VanderZouwen, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than February 14, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [Wm-15-02(E)] may be obtained from Mr. VanderZouwen.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a) and
285.11 (1), Stats., interpreting s.
285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 400,
409,
410,
415,
419,
420,
422,
423,
431,
439,
447,
448,
449 and
484, Wis. Adm. Code, relating to clarification of compliance language for air management regulations. Air Management staff have been compiling information on the current ch.
NR 400 series, with regard to changes to compliance language, where the applicability of the rules or their provisions weren't clear in certain situations. This proposed rule is intended to add clarity with regard to these rule applicability situations. There are also miscellaneous changes that are being proposed.
Additionally, test methods were updated to be consistent with U.S. EPA test methods and sections in the regulations incorporated by reference will be made current.
Some of the changes being proposed include:
1. Section
NR 431.05 (1) allows for an opacity limit exceedance when a boiler is being cleaned or upon start up. The exceedance time was changed from 5 to 6 minutes, as 6 minutes is the averaging time used when reading opacity, both visually and by a continuous monitor.
2. Section
NR 439.07 (8) is being recreated to delineate specific paragraphs for testing requirements for each pollutant listed (particulate emissions, sulfur dioxide, nitrogen oxides, organic compound emissions and visible emissions) in addition to a paragraph that contains general provisions for testing. Previously there were no titles to the paragraphs, and cross references of the general provisions between the paragraphs caused confusion.
3. Section
NR 439.075 (4) (a) 4. is being created to allow for an extension to perform a compliance stack test. This change is being proposed, as testing is normally required at or near capacity and it was sometimes difficult for a facility to perform the stack test based on the time limitation in the permit.
4. Section
439.085 (3) (a) 1. is being amended to include q sampling time frame for fuels in storage tanks. Previously, no testing frequency was listed. By listing a testing frequency, there will be consistency in the application of this section by Department staff.
5. Section
NR 439.10 defines the term “circumvention", and is being amended so it reads the same as the federal definition.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Monday, February 24, 2003 at 1:00 p.m.
CS 3rd Floor Conference Room
125 S. Webster Street
GEF #3
Madison, WI
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 Joe Brehm at (608) 267-7541 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no fiscal impact anticipated.
Contact Person
Written comments on the proposed rule may be submitted to Mr. Joe Brehm, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than March 7, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing.
A copy of the proposed rule AM-11-03 and its fiscal estimate may be obtained from:
Proposed Rules
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-7718
FAX: (608) 267-0560
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
450.02 (3), Stats., and interpreting ss.
450.03 (2) and
450.04 (3), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s.
Phar 2.01 (1) (c), relating to notarized photographs.
Hearing Date, Time and Location
Date: February 12, 2003
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
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 February 14, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Current federal and state law and policy restrict the circumstances, if any, whereby an applicant for a license issued by a governmental entity may be required to submit a personal photograph as part of the application process. Lacking a demonstrated and sufficient reason to continue to require applicants to submit a photograph, it is the board?s intent to repeal s.
Phar 2.02 (1) (c).
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
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
450.02 (3) (d), Stats., and interpreting ss.
450.03 (2) and
450.04 (3), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Phar 2.03 (4), relating to admission requirements for all required professional examinations.
Hearing Date, Time and Location
Date February 12, 2003
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
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 February 14, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
The objective of this amendment is to make admission requirements for all required professional examinations consistent to simplify and streamline the application process. Section
Phar 2.03 (4) currently prohibits an applicant from being admitted to the practical examination prior to completion of the applicant's internship in the practice of pharmacy. Admission to the NAPLEX and multi-state pharmacy jurisprudence examination is permitted if the applicant has obtained certification by the Foreign Pharmacy Graduate Examination Committee and being within 360 credit hours of completing an internship in the practice of pharmacy or 60 days before graduation from a school or college of pharmacy approved by the board. The different requirement for admission to the practical examination potentially penalize applicants who are otherwise professionally prepared to take the practical examination under the same requirements for the other two required professional examinations.
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
The Public Service Commission of Wisconsin proposes an order to repeal s.
PSC 113.0207 and create ch.
PSC 119, relating to interconnecting distributed generation facilities to the electric utility system.
NOTICE IS GIVEN that a hearing will be held beginning on Monday, March 3, 2003, at 9:00 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.
Hearing Date, Time and Location
Date: Monday, March 3, 2003 - 9:00 a.m.
Location: Public Service Commission
610 North Whitney Way
Madison, WI
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 below.
Written Comments
Comments Due: Tuesday, February 25, 2003 - Noon
FAX Due: Monday, February 24, 2003 - Noon
Address Comments To:
Lynda L. Dorr, Secretary to the Commission
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854
FAX (608) 266-3957
The Commission requests comments on the above issues. Any party who desires to file comments should submit an original and 15 copies as indicated above. Members of the public need only file an original. These comments must be received by noon on Tuesday, February 25, 2003. 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.
Analysis Prepared by the Public Service Commission of Wisconsin
Statute interpreted: s.
196.496, Stats.
The objective of this rulemaking is to establish requirements for interconnection of distributed generation facilities that are, to the extent technically feasible and cost effective, uniform for all regulated electric utilities in Wisconsin. The rules define an application process, an application form, an interconnection agreement, requirements for grounding, metering, use of certified or non-certified equipment, safety equipment, power quality and testing, and compliance with applicable national, state, and local codes. The rules include a streamlined application process for facilities that have a capacity of less than 20 kilowatts. Section
196.496, Stats., provides:
To the extent technically feasible and cost effective, the standards shall be uniform and shall promote the development of distributed generation facilities. The standards shall address engineering, electric reliability, safety concerns and the methods for determining charges for interconnection.
These rules are adopted to implement s.
196.496 (2), Stats.
SECTION 1 Section PSC 113.0207 is repealed.
SECTION 2 Chapter
PSC 119 is created to read:
PSC 119.0503 Additional tests.
PSC 119.01 Scope. This chapter implements s.
196.496, Stats., and applies to all electric public utilities, whether privately or municipally owned, and to all interconnected, customer-sited, non-utility DG facilities operating in parallel with the public utility, with a capacity of 15 MW or less. These rules establish uniform statewide standards for the interconnection of DG facilities to an electric distribution system.
PSC 119.012 Definitions. In this chapter:
(1) “ANSI" means American National Standards Institute.
(2) “Applicant“ means the legally responsible person applying to a public utility to interconnect a DG facility to the public utility's distribution system.
(3) “Application review" means a review by the public utility of the completed standard application form for interconnection, to determine if an engineering review or distribution system study is needed.
(4) “Category 1" means a DG facility of 20 kW or less.
(5) “Category 2" means a DG facility of greater than 20 kW to 200 kW.
(6) “Category 3" means a DG facility of greater than 200 kW to 1 MW.
(7) “Category 4" means a DG facility of greater than 1 MW to 15 MW.
(8) “Certified equipment" means a generating, control or protective system that has been certified by a nationally recognized testing laboratory as meeting acceptable safety and reliability standards.
(9) “Commission" means the Public Service Commission of Wisconsin.
(10) “Commissioning test" means the process of documenting and verifying the performance of a DG facility so that it operates in conformity with the design specifications.
(11) “Customer" means any person who is receiving electric service from a public utility's distribution system.
(12) “DG" means distributed generation.
(13) “Distribution feeder" means an electric line from a public utility substation or other supply point to customers that is operated at 50 kV or less, or as determined by the Commission.
(14) “DG facility" means a facility for the generation of electricity with a total nameplate capacity of 15 MW or less that is located on the customer side of a point of common coupling.
(15) “Distribution system" means all electrical wires, equipment, and other facilities owned or provided by a public utility that are normally operated at 50 kV or less.
(16) “Distribution system study" means a study to determine if a distribution system upgrade is needed to accommodate the proposed DG facility and to determine the cost of any such upgrade.
(17) “Engineering review" means a study or studies that may be undertaken by a public utility, in response to its receipt of a completed standard application form for interconnection, to determine the suitability of the installation and the need for a distribution system study.
(18) “Fault" means an equipment failure, conductor failure, short circuit, or other condition resulting from abnormally high amounts of current from the power source.
(19) “Guidelines" means the “Wisconsin Distributed Generation Interconnection Guidelines" of the Commission.
(20) “IEEE" means Institute of Electrical and Electronics Engineers.
(21) “Interconnection" means the physical connection of a DG facility to the distribution system so that parallel operation can occur.
(22) “Interconnection disconnect switch" means a mechanical device used to disconnect a DG facility from a distribution system.
(23) “Inverter" means a machine, device, or system that converts direct current power to alternating current power.
(24) “Islanding" means a condition on the distribution system in which a DG facility delivers power to customers using a portion of the distribution system that is electrically isolated from the remainder of the distribution system.
(25) “kV" means kilovolt.
(26) “kW" means kilowatt.
(27) “Material modification" means any modification that changes the maximum electrical output of a DG facility or changes the interconnection equipment, including:
(a) Changing from certified to non-certified devices.
(b) Replacing a component with a component of different functionality or UL listing.
(28) “MW" means megawatt.
(29) “Nationally recognized testing laboratory" means any testing laboratory recognized by the U.S. Department of Labor Occupational Safety and Health Administration's accreditation program.
(30) “Network service" means two or more primary distribution feeders electrically connected on the low voltage side of two or more transformers, to form a single power source for any customer.
(31) “Parallel operation" means the operation, for longer than 100 milliseconds, of an on-site DG facility while the facility is connected to the energized distribution system.
(32) “Paralleling equipment" means the generating and protective equipment system that interfaces and synchronizes a DG facility with the distribution system.
(33) “Point of common coupling" means the point where the electrical conductors of the distribution system are connected to the customer's conductors and where any transfer of electric power between the customer and the distribution system takes place.
(34) “Point of interconnection" means the point where a DG facility is electrically connected to a customer's electrical system.
(35) “Public utility" has the meaning given in s.
196.01 (5) (a), Stats.
(36) “Standard application form" means PSC Form 6027 for Category 1 DG facilities or PSC Form 6028 for Category 2 to 4 DG facilities.
(37) “Standard interconnection agreement" means PSC Form 6029 for Category 1 facilities or PSC Form 6030 for Category 2 to 4 DG facilities.
NOTE: a copy of PSC 6027 to 6030 can be obtained at no charge from your local electric utility or from the Public Service Commission, PO Box 7854, Madison, WI 54707-7854.
(38) “Telemetry" means transmission of DG operating data using telecommunications techniques.
(39) “UL" means Underwriters Laboratory.
(40) “Working day" has the meaning specified in s.
227.01(14), Stats.
Subchapter II -- General Requirements
PSC 119.0201 Designated point of contact. Each public utility shall designate one point of contact for all customer inquiries related to DG facilities and from which interested parties can obtain a copy of the guidelines and the appropriate standard Commission application and interconnection agreement forms. Each public utility shall have current contact information concerning its DG representative on file with the Commission.
PSC 119.0202 Application process for interconnecting DG facilities. Public utilities and applicants shall complete the following steps regarding interconnection applications for all classes of DG facilities, in the order listed:
(1) The public utility shall respond to each DG inquiry within 5 working days and, on request, furnish the appropriate standard application form and a copy of the guidelines.
(2) The applicant shall complete and submit the standard application form to its public utility.
(3) Within 10 working days of receiving a new or revised application, the public utility shall notify the applicant whether the application is complete.
(4) Once the public utility determines that the application is complete, within 10 working days the public utility shall complete its application review and notify the applicant if an engineering review is needed and the cost of such review. For Categories 2 and 3, the cost estimate shall be valid for one year. For Category 4, the time period shall be negotiated but may not exceed one year. If the application review shows that an engineering review is not needed, the applicant may install the DG facility and need not complete the steps described in subs. (5) to (9).
(5) If the application review indicates that an engineering review is needed, the public utility, upon written notification to proceed and receipt of applicable payment from the applicant, shall complete an engineering review and notify the applicant of the results within the following times:
(a) Category 1 DG application, 10 working days.
(b) Category 2 DG application, 15 working days.
(c) Category 3 DG application, 20 working days.
(d) Category 4 DG application, 40 working days.
(6) If the engineering review indicates that a distribution system study is necessary, the public utility shall include, in writing, a cost estimate in its engineering review. The cost estimate shall be valid for one year and the applicant shall have one year from receipt of the cost estimate in which to notify the public utility to proceed, except for a Category 4 DG application, in which case the time period shall be negotiated, but may not extend beyond one year. Upon receiving written notification to proceed and payment of the applicable fee, the public utility shall conduct the distribution system study.
(7) The public utility shall within the following time periods complete the distribution system study and provide study results to the applicant:
(a) Category 1 DG application, 10 working days.
(b) Category 2 DG application, 15 working days.
(c) Category 3 DG application, 20 working days.
(d) Category 4 DG application, 60 working days unless a different time period is mutually agreed upon.
(8) The public utility shall perform a distribution system study of the local distribution system and notify the applicant of findings along with any distribution system construction or modification costs to be borne by the applicant.
(9) If the applicant agrees, in writing, to pay for any required distribution system construction and modifications, the public utility shall complete the distribution system upgrades and the applicant shall install the DG facility within a time frame that is mutually agreed upon. The applicant shall notify the public utility when project construction is complete.
(10) (a) The applicant shall give the public utility the opportunity to witness or verify the system testing, as required in s.
PSC 119.0501 or
PSC 119.0502. Upon receiving notification that an installation is complete, the public utility has 10 working days, for a Category 1 or 2 DG project, or 20 working days, for a Category 3 or 4 DG project, to complete the following:
1. Witness commissioning tests.
2. Perform an anti-islanding test or verify the protective equipment settings at its expense.
3. Waive its right, in writing, to witness or verify the commissioning tests.
(b) The applicant shall provide the public utility with the results of any required tests.
(11) The public utility may review the results of the on-site tests and shall notify the applicant within 5 working days, for a Category 1 DG project, or within 10 working days, for a Category 2 to 4 DG project, of its approval or disapproval of the interconnection. If approved, the public utility shall provide a written statement of final acceptance and cost reconciliation. Any applicant for a DG system that passes the commissioning test may sign a standard interconnection agreement and interconnect. If the public utility does not approve the interconnection, the applicant may take corrective action and request the public utility to reexamine its interconnection request.
(12) A standard interconnection agreement shall be signed by the applicant and public utility before parallel operation commences.
PSC 119.0203 Insurance and indemnification. (1) An applicant seeking to interconnect a DG facility to the distribution system of a public utility shall maintain liability insurance equal to or greater than the amounts stipulated in the following table, per occurrence, or prove financial responsibility by another means mutually agreeable to the applicant and the public utility:
Category
|
Generation Capacity
|
Minimum Liability Insurance Coverage
|
1
|
20 kW or less
|
$ 300,000
|
2
|
Greater than 20 kW to 200 kW
|
$ 1,000,000
|
3
|
Greater than 200 kW to 1 MW
|
$ 2,000,000
|
4
|
Greater than 1 MW to 15 MW
|
Negotiated
|
For a DG facility in Category 2 to 4, the applicant shall name the public utility as an additional insured party in the liability insurance policy.
(2) Each party to the standard interconnection agreement shall indemnify hold harmless and defend the other party, its officers, directors, employees and agents from and against any and all claims, suits, liabilities, damages, costs and expenses. The liability of each party shall be limited to direct actual damages, and all other damages at law or in equity shall be waived.
PSC 119.0204 Modifications to the DG facility. The applicant shall notify the public utility of plans for any material modification to the DG facility by providing at least 20 working days of advance notice for a Category 1 DG facility, 40 working days for Category 2 DG facility, and 60 working days for a Category 3 or 4 DG facility. The applicant shall provide this notification by submitting a revised standard application form and such supporting materials as may be reasonably requested by the public utility. The applicant may not commence any material modification to the DG facility until the public utility has approved the revised application, including any necessary engineering review or distribution system study. The public utility shall indicate its written approval or rejection of a revised application within the number of working days shown in the table below. Upon completion of the application process, a new standard interconnection agreement shall be signed by both parties prior to parallel operation. If the public utility fails to respond in the time specified in the following table, the completed application is deemed approved:
Category
|
Generation Capacity after Modification
|
Working Days for Utility's Response to Proposed Modifications
|
1
|
20 kW or less
|
20
|
2
|
Greater than 20 kW to 200 kW
|
40
|
3
|
Greater than 200 kW to 1 MW
|
60
|
4
|
Greater than 1 MW to 15 MW
|
80
|
PSC 119.0205 Easements and rights-of-way. If a public utility line extension is required to accommodate a DG interconnection, the applicant shall (at its expense) provide, or obtain from others, suitable easements or rights-of-way.
PSC 119.0206 Fees and distribution system costs. (1) The need for any engineering review or distribution system study is determined during the public utility's application review. The public utility's response to the standard application form shall include the cost of any interconnection or distribution system study fee. Application fees shall be credited toward the cost of any engineering review or distribution system study. The applicant shall pay the following application and interconnection study fees, unless the public utility chooses to waive the fees in whole or in part:
(a) Category 1: No application review, engineering review, or distribution system study fees.
(b) Category 2: An application review fee of $250 and a maximum engineering review fee of $500, if a distribution upgrade is required.
(c) Category 3: An application fee of $500 and an engineering review fee based on cost.
(d) Category 4: An application fee of $1,000 and an engineering review fee based on cost.
(2) The public utility may recover from the applicant an amount up to the actual cost, for labor and parts, of any distribution system upgrades required. No public utility may charge a commissioning test fee for initial start-up of the DG facility. The utility may charge for retesting an installation that does not conform to the requirements set forth in these rules.
(3) Costs for any necessary line extension shall be accessed pursuant to s.
PSC 113.1005.
PSC 119.0207 Disconnection and reconnection. A public utility may refuse to connect or may disconnect a DG facility from the distribution system only under the following conditions:
(1) Lack of approved standard application form or standard interconnection agreement.
(2) Termination of interconnection by mutual agreement.
(3) Non-compliance with the technical or contractual requirements.
(4) Distribution system emergency.
(5) Routine maintenance, repairs, and modifications, but only for a reasonable length of time necessary to perform the required work.
PSC 119.0208 DG installation requirements. A public utility may require that the installation of a DG facility be supervised by a licensed electrical contractor, professional engineer (practicing electrical engineering) licensed in Wisconsin, electrical code inspector registered with the Wisconsin Department of Commerce, or an installer certified by a nationally recognized certifying body.
Subchapter III -- Design Requirements
PSC 119.0301 General design requirements. The applicant shall install protection devices to ensure that the current supplied by the DG facility is interrupted if a fault or other potentially dangerous event occurs on the distribution system. If such an event occurs and the public utility's distribution system is de-energized, any DG facility that is connected to this distribution system shall automatically disconnect. All DG facilities shall utilize protection devices that prevent closing a DG facility that is out of synchronization with the distribution system.
PSC 119.0302 Equipment circuit breakers. All installations shall include equipment circuit breakers, on the DG facility side of the point of interconnection, capable of interrupting the maximum available fault current. Equipment circuit breakers shall meet all applicable UL, ANSI, and IEEE standards.
PSC 119.0303 Interconnection disconnect switch. The public utility may require that the applicant furnish and install an interconnection disconnect switch that opens, with a visual break, all ungrounded poles of the interconnection circuit. The interconnection disconnect switch shall be rated for the voltage and fault current requirements of the DG facility, and shall meet all applicable UL, ANSI, and IEEE standards, as well as applicable requirements of the Wisconsin Electrical Safety Code, Volume 2, ch.
Comm 16. The switch enclosure shall be properly grounded. The interconnection disconnect switch shall be accessible at all times, located for ease of access to public utility personnel, and shall be capable of being locked in the open position. The applicant shall follow the public utility's recommended switching, clearance, tagging, and locking procedures.
PSC 119.0304 Labeling requirements. The applicant shall label the interconnection disconnect switch “Interconnection Disconnect Switch" by means of a permanently attached sign with clearly visible and permanent letters. The applicant shall provide and post its procedure for disconnecting the DG facility next to the switch.
PSC 119.0305 Grounding. (1) The applicant shall install an equipment grounding conductor, in addition to the ungrounded conductors, between the DG facility and the distribution system. This conductor shall provide an adequate fault current path and shall be available, permanent, and electrically continuous. The conductor and grounding systems shall be capable of safely carrying the maximum fault likely to be imposed on them by the systems to which they are connected, and shall have sufficiently low impedance to facilitate the operation of overcurrent protection devices under fault conditions. All DG transformations shall be multi-grounded. The DG facility may not be designed or implemented such that the earth becomes the sole fault current path.
(2) Grounding practices shall conform to Wisconsin Electrical Safety Code Volumes 1 and 2, as found in chs.
Comm 16 and
PSC 114.
PSC 119.0306 Operating limits. (1) Certified paralleling equipment shall conform to UL 1741 (January 17, 2001 Revision) or an equivalent standard from a nationally recognized testing laboratory.
(2) Non-certified paralleling equipment shall conform to the requirements of IEEE P1547, Draft 9.
Note: These UL and IEEE standards may be obtained from the PSCW Library, 610 N. Whitney Way, Madison, WI.
PSC 119.0307 Power factor. (1) All Category 1 and 2 DG facilities shall be operated at a power factor greater than 0.9.
(2) All Category 3 and 4 DG facilities shall be operated at unity power factor or as mutually agreed between the public utility and applicant.
PSC 119.0308 Power quality. The DG facility shall not create system voltage or current disturbances that exceed the standards listed in ch.
PSC 113, Subchapter VII.
PSC 119.0309 Synchronizing DG facilities. The applicant is solely responsible for properly protecting and synchronizing its DG facility with the distribution system.
PSC 119.0310 Automatic interrupting device. Each DG facility shall include an automatic interrupting device that is listed with a nationally recognized testing laboratory and is rated to interrupt available fault current. The interrupting device shall be tripped by any of the required protective functions.
PSC 119.0311 Minimum protection requirements for non-certified distributed generation. (1) Each DG facility shall include protection and anti-islanding equipment to prevent the facility from adversely affecting the reliability or capability of the distribution system. The applicant shall contact the public utility to determine any specific protection requirements.
(2) The following protective system functions, which may be met with microprocessor-based multifunction protection systems or discrete relays, are required:
(a) Protective relay activation shall not only alarm but shall also trip the generator breaker/contactor.
(b) If a relay failure alarms, but does not trip the generator breaker, the DG facility shall include additional relaying that meets the requirements stated herein for each category.
(3) In addition to anti-islanding protection, a DG facility shall meet the following minimum protection requirements:
(a) A Category 1 DG facility shall include:
1. Over/under frequency function.
2. Over/under voltage function.
3. Overcurrent function.
4. Ground fault protection.
(b) A Category 2, 3, or 4 DG facility shall include:
1. Over/under frequency function.
2. Over/under voltage function.
3. Overcurrent function.
4. Ground fault protection.
5. Synchronism check function.
6. Other equipment, such as other protective devices, supervisory control and alarms, telemetry and associated communications channel, that the public utility determines to be necessary. The public utility shall advise the applicant of any communications requirements after a preliminary review of the proposed installation.
PSC 119.0312 Test switches for a Category 3 or 4 DG facility. The applicant shall provide test switches as specified by the public utility, to allow testing the operation of the protective functions without unwiring or disassembling the equipment.
PSC 119.0313 One-line schematic diagram. (1) The applicant shall include a one-line schematic diagram with the completed standard application form. ANSI symbols shall be used in the one-line schematic diagram to show the following:
(a) Generator or inverter.
(b) Point of interconnection.
(c) Point of common coupling.
(d) Lockable interconnection disconnect switch.
(e) Method of grounding, including generator and transformer ground connections.
(f) Protection functions and systems.
(2) The applicant shall provide technical specifications of the point of interconnection, including all anti-islanding and power quality protective systems. The specifications regarding the anti-islanding protective systems shall describe all automatic features provided to disconnect the DG facility from the distribution system in case of loss of grid power, including the functions for over/under voltage, over/under frequency, overcurrent, and loss of synchronism. The applicant shall also provide technical specifications for the generator, lockable interconnection disconnect switch, and grounding and shall attach the technical specification sheets for any certified equipment. The applicant shall include, with the one-line schematic, a statement by the manufacturer that its equipment meets or exceeds the type tested requirements for certification in these guidelines.
PSC 119.0314 Control schematics. As part of the application, the applicant shall provide a complete set of control schematics, when non-certified equipment is proposed, showing all protective functions and controls for generator protection and distribution system protection.
PSC 119.0315 Site plan. For all categories, the applicant shall provide a site plan that shows the location of the interconnection disconnect switch, adjoining street name, and the street address of the DG facility. For Category 2, 3, or 4 DG facilities, the site plan shall show the location of major equipment, electric service entrance, electric meter, interconnection disconnect switch, and interface equipment.
PSC 119.0316 Transformers. The public utility may require a DG facility to be isolated from other customers by installation of a separate power transformer. When a separate transformer is required, the utility may include its actual cost in the distribution system upgrade costs. The applicant is responsible for supplying and paying for any custom transformer. This requirement may not be required for an induction-type generator with a capacity of 5 kW or less, or for other generating units of 10 kW or less that utilize a line-commutated inverter.
PSC 119.0317 Secondary or spot networks. The owner of a DG facility designed to operate in parallel with a spot or secondary network service shall provide relaying or control equipment that is rated and listed for the application and is acceptable to the public utility.
PSC 119.0318 Telemetry. For a Category 3 DG facility, the public utility may require that the facility owner provide telemetry equipment whose monitoring functions include transfer-trip functionality, voltage, current, real power (watts), reactive power (vars), and breaker status. The public utility may waive this requirement. The owner of a Category 4 DG facility shall provide telemetry equipment with transfer-trip functionality in addition to readout of voltage, current, real power (watts), reactive power (vars), and breaker status.
Subchapter IV-- Equipment Certification
PSC 119.0401 Certified paralleling equipment. DG paralleling equipment that a nationally recognized testing laboratory certifies as meeting the applicable type testing requirements of UL 1741 (January 17, 2001 revision) is acceptable for interconnection, without additional protection systems, to the distribution system. The applicant may use certified paralleling equipment for interconnection to a distribution system without further review or testing of the equipment design by the public utility, but the use of this paralleling equipment does not automatically qualify the applicant to be interconnected to the distribution system at any point in the distribution system. The public utility may still require an engineering review to determine the compatibility of the distributed generation system with the distribution system capabilities at the selected point of common coupling.
PSC 119.0402 Non-certified paralleling equipment. (1) Any DG facility that is not certified under s.
PSC 119.0401 shall be equipped with protective hardware or software to prevent islanding and to maintain power quality. The applicant shall provide the final design of this protective equipment. The public utility may review and approve the design, types of protective functions, and the implementation of the installation. The applicant shall own the protective equipment installed at its facility.
(2) The applicant shall calibrate any protective system approved under sub. (1) to the specifications of the public utility. The applicant shall obtain prior written approval from the public utility for any revisions to specified protection system calibrations.
Subchapter V -- Testing of DG Facility Installations
PSC 119.0501 Anti-islanding test. The public utility may perform an anti-islanding test or observe the automatic shutdown before giving final written approval for interconnection of the DG facility. The anti-islanding test requires that the DG facility shut down upon sensing the loss of power on the distribution system. Output voltage shall reduce to zero within two seconds of separation from the distribution system.
PSC 119.0502 Commissioning tests for paralleling equipment in Categories 2 to 4. The public utility shall provide the acceptable range of settings for the paralleling equipment of a Category 2, 3, or 4 DG facility. The applicant shall program protective equipment settings into this paralleling equipment. The public utility may verify the protective equipment settings prior to allowing the DG facility to interconnect to the distribution system.
PSC 119.0503 Additional tests. The public utility or applicant may, upon reasonable notice, re-test the DG facility installation. The party requesting additional testing shall bear the cost of these tests.
Initial Regulatory Flexibility Analysis
The proposed rules would apply to electric public utilities. The proposed rules do not affect small businesses as defined in s.
227.114.
Fiscal Estimate
These rules establish uniform statewide standards for interconnection of Distributed Generation facilities to an Electric distribution system. The rules are being created at the direction of Legislation in Wis. Act 16. These rules govern the relationship between a distributed generation facility and a utility and as such, do not have a fiscal impact on either state or local government.
Copies of Rule and Contact Person
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 below.
Paul Helgeson
(608) 266-3905
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to s.
85.107, Stats., amended by
2001 Wis. Act 16 (the 2001-03 biennial budget act), Stats., and interpreting s.
85.107, Stats., the Department of Transportation will hold a public hearing in Room 410 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
13th day of February, 2003, at 9:00 AM, to consider the amendment of ch.
Trans 403, Wisconsin Administrative Code, relating to the Loan Repayment Incentive Grant Program.
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 on February 13, 2003, 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 Randy Sarver, Department of Transportation, Bureau of Human Resource Services, Room 410, P. O. Box 7915, Madison, WI 53707-7915.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes Interpreted: s.
85.107, Stats.
General Summary of Proposed Rule
This rule making will amend ch.
Trans 403, relating to the Scholarship and Loan Repayment Incentive Grant Program, to conform to the statutory changes of s.
85.107, amended by
2001 Wis. Act 16 (the 2001-03 biennial budget act). The changes will allow the Department to recruit and select from an expanded class of targeted group members for program inclusion under any job classification, not just the Civil Engineering classification.
Section
85.107, Stats., relating to the Scholarship and Loan Payment Incentive Grant Program, allows for the assistance in improving the representation of targeted group members within job classifications in which targeted group members are underutilized in the Department.
Ch.
Trans 403 currently exists to allow minorities to participate in the Loan Repayment Incentive Grant Program as civil engineers. Expanding the class of recipients and the job classifications consistent with recent changes to s.
85.107, Stats., will allow the Department to expand the recruitment search for program inclusion to place targeted group members in any underutilized position in the Department.
This proposed rule also eliminates some administrative requirements regarding the timing of program applications and payments, and of program management within the Department.
Fiscal Impact
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule
Copies of Proposed Rule. Copies of the proposed rule may be obtained upon request, without cost, by writing to Randy Sarver, Department of Transportation, Bureau of Human Resource Services, Room 410, P. O. Box 7915, Madison, WI 53707-7915, or by calling (608) 266-7892. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
