Rule-Making Notices (Hearing Notices)

(PSC DOCKET # 1-AC-242 )

The Public Service Commission of Wisconsin proposes an order to amend section PSC 111.51 (4) (b) 2., regarding the electronic delivery of applications for a Certificate of Public Convenience and Necessity (CPCN).

This rulemaking will be done without a hearing because, under s. 227.16 (2) (b), Stats., no hearing is required when an existing rule is being brought into conformity with a statute that has changed. However, written comments will be accepted.

Written Comments

Any person may submit written comments on these proposed rules. The record will be open for written comments from the public, effective immediately, and until Tuesday, January 14, 2014, at 12:00 noon. All written comments must include a reference on the filing to docket 1-AC-242. File by one mode only.

Industry: File comments using the Electronic Regulatory Filing system. This may be accessed from the commission's website (psc.wi.gov).

Members of the Public: Please submit your comments in one of the following ways:

• Electronic Comment. Go to the commission's web site at http://psc.wi.gov, and click on the “ERF — Electronic Regulatory Filing" graphic on the side menu bar. On the next page, click on “Need Help?" in the side menu bar for instructions on how to upload a document.

•Web Comment. Go to the commission's web site at http://psc.wi.gov, click on the “Public Comments" button on the side menu bar. On the next page select the “File a comment" link that appears for docket number 1-AC-242.

•Mail Comment. All comments submitted by U.S. mail must include the phrase “Docket 1-AC-242 Comments" in the heading, and shall be addressed to:

Sandra J. Paske, Secretary to the Commission

Public Service Commission

P.O. Box 7854

Madison, WI 53707-7854

The commission does not accept comments submitted via e-mail or facsimile (fax). Any material submitted to the commission is a public record and may appear on the commission's web site.

Analysis Prepared by the Public Service Commission of Wisconsin

Statutory authority and explanation of authority

This rule is authorized under ss. 196.02 (1) and (3), 196.491 (3) (a), and 227.11, Stats.

Section 227.11, Stats., authorizes agencies to promulgate administrative rules. Section 196.02 (1), Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.02 (3), Stats., grants the commission specific authority to promulgate rules. Section 196.491 (3) (a), Stats., references commission rules about certificates of public convenience and necessity.

Statutes interpreted

This rule interprets s. 196.491 (3), Stats.

Related statutes or rules

None.

Brief summary of rule

Currently, s. 196.491, Stats., requires the commission to send a copy of an application for a Certificate of Public Convenience and Necessity (CPCN) to clerks and public libraries. While s. PSC 111.51 (4) currently requires the commission to send an electronic copy of an initial CPCN application to municipal and town clerks and public libraries, it requires the commission to send a paper copy of a completed application.

2013 Wisconsin Act 10 made changes to s. 196.491, Stats., to require the commission to send an electronic copy of both an initial and a completed CPCN application to clerks and public libraries. Upon request, the commission is also required to send a paper copy of the application. This rulemaking will make the 2013 Wisconsin Act 10 changes to s. PSC 111.51 (4).

Comparison with existing or proposed federal regulations

The commission is not aware of any existing or proposed federal regulations on this matter.

Comparison with similar rules in adjacent states

The Illinois Commerce Commission generally uses electronic filing and services of records related to their proceedings, however, their administrative code does not specify the manner in which CPCN applications will be served upon interested persons. (Ill. Admin. Code tit. 83, pt. 200.150 (h)). The Minnesota Public Utilities Commission requires applicants to file paper copies of CPCN applications and serves those paper copies on interested agencies of government. Minn. R. 7849.0200 (2). The Michigan Public Utilities Commission's administrative rules do not identify the manner in which CPCN applications will be provided to local units of government (Mich. Admin. Code. r. 460.7601), but generally require parties serve paper copies upon interested parties (Mich. Admin Code r. 460.17105). The Iowa Utilities Board requires applicants to file paper copies of applications for CPCN in paper form and transmits those forms on behalf of the applicant to other “regulatory agencies." Iowa Admin. Code r. 199-24.3(476A).

Effect on Small Business

This rulemaking will not have an effect on small business. The s. 227.114 (12), Stats., definition of “small business" states that to be considered a small business, the business must not be dominant in its field. Since electric utilities are monopolies in their service territories, they are dominant in their fields and, so, are not small businesses.

Initial Regulatory Flexibility Analysis

This rulemaking will not have an effect on small business. The s. 227.114 (12), Stats., definition of “small business" states that to be considered a small business, the business must not be dominant in its field. Since electric utilities are monopolies in their service territories, they are dominant in their fields and, so, are not small businesses.

Fiscal Estimate

This rule will result in no fiscal impact since it only changes how CPCN copies are delivered by the commission. Further, even if there were a fiscal impact, it would be the result of the law change and not this rulemaking.

The Economic Impact Analysis for this rulemaking follows below.

Contact Person

Questions regarding this matter should be directed to Justin Chasco at [phone] or [e-mail]. Small business questions may be directed to Anne Vandervort at [phone] or [e-mail]. Media questions should be directed to Nathan Conrad, Communications Director at [phone]. Hearing or speech-impaired individuals may also use the commission's TTY number, if calling from Wisconsin [phone], if calling from outside Wisconsin [phone].

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 get this document in a different format should contact Justin Chasco, as indicated in the previous paragraph, as soon as possible.

Text of Proposed Rule

SECTION 1. PSC 111.51 (4) (b) 2. is amended to read:

PSC 111.51 (4) (b) 2. As soon as is practicable, but no more than 30 days after the commission has determined that a CPCN application is complete, the commission shall send a paper an electronic copy of the complete application to the clerk of each municipality and town in which the proposed facility is to be located and to the main public library in each county in which the proposed facility is to be located.

SECTION 2. 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.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chapter PSC 111, Requirements For Strategic Energy Assessments, Certificates Of Public Convenience And Necessity, And Fixed Financial Parameters For Certain Rate Base Electric Generating Facilities1
3. Subject
The electronic delivery of applications for a Certificate of Public Convenience and Necessity (CPCN)
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
This rulemaking is intended to harmonize PSC regulations with 2013 Wisconsin Act 10 which requires the Commission to send a electronic copy of an application for a Certificate of Public Convenience and Necessity to clerks and public libraries.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Citizens' Utility Board, League of Wisconsin Municipalities, Municipal Electrical Utilities of Wisconsin, Wisconsin Counties Association, Wisconsin Industrial Energy Group, Wisconsin Towns Association, Wisconsin Utilities Association, Wisconsin Alliance of Cities, all electric utilities
11. Identify the local governmental units that participated in the development of this EIA.
Members of the League of Wisconsin Municipalities, Wisconsin Towns Association, and Wisconsin Alliance of Cities.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
None.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The rulemaking with will bring Wis. Admin. Code § PSC 111.51 (4) (b) 2. into conformity with 2013 Wisconsin Act 10.
14. Long Range Implications of Implementing the Rule
The rulemaking with will bring Wis. Admin. Code § PSC 111.51 (4) (b) 2. into conformity with 2013 Wisconsin Act 10.
15. Compare With Approaches Being Used by Federal Government
Not applicable.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
The Illinois Commerce Commission generally uses electronic filing and services of records related to their proceedings, however, their administrative code does not specify the manner in which CPCN applications will be served upon interested persons. (Ill. Admin. Code tit. 83, pt. 200.150 (h)). The Minnesota Public Utilities Commission requires applicants to file paper copies of CPCN applications and serves those paper copies on interested agencies of government. Minn. R. 7849.0200 (2). The Michigan Public Utilities Commission's administrative rules do not identify the manner in which CPCN applications will be provided to local units of government (Mich. Admin. Code. r. 460.7601), but generally require parties serve paper copies upon interested parties (Mich. Admin Code r. 460.17105). The Iowa Utilities Board requires applicants to file copies of applications for CPCN in paper form and transmits those forms on behalf of the applicant to other “regulatory agencies." Iowa Admin. Code r. 199-24.3(476A)
17. Contact Name				18. Contact Phone Number
Lisa Farrell				608-267-9086

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Revenue

rulemaking_notices CR 13-102 CR 13-102

NOTICE IS HEREBY GIVEN That, pursuant to section 70.32 (2) (c) 1i., Stats., the Department of Revenue will hold a public hearing to consider permanent rules revising Chapter Tax 18, relating to assessment of agricultural property.

Hearing Information

Date:   Tuesday, January 14, 2014
Time:   1:30 p.m.
Location:   Events Room
  State Revenue Building
  2135 Rimrock Road
  Madison, Wisconsin 53713

Handicap access is available at the hearing location.

Appearances at the Hearing and Submittal of Written Comments

Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person listed below or to adminrules.wisconsin.gov no later than January 14, 2014, and will be given the same consideration as testimony presented at the hearing.

Place where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to the contact person shown below no later than the date on which the public hearing on this proposed rule order is conducted. Information as to the place, date, and time of the public hearing will be published in the Wisconsin Administrative Register.

Dale Kleven

Department of Revenue

Mail Stop 6-40

2135 Rimrock Road

P.O. Box 8933

Madison, WI 53708-8933

Analysis by the Department of Revenue

Statutes interpreted

Section 70.32 (2) (c) 1i., Stats.

Statutory authority

Section 70.32 (2) (c) 1i., Stats.

Explanation of agency authority

Section 70.32 (2) (c) 1i., Stats., provides that agricultural use "means agricultural use as defined by the department of revenue by rule…"

Related statute or rule

There are no other applicable statutes or rules.

Plain language analysis

The proposed rule revises s. Tax 18.05 (1) to provide further clarity regarding what land in federal and state pollution control and soil erosion programs should be classified as agricultural property that qualifies for use-value assessment.

Summary of, and comparison with, existing or proposed federal regulation

There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.

Comparison with rules in adjacent states

The department is not aware of a similar rule in an adjacent state.

Summary of factual data and analytical methodologies

Section Tax 18.05 (1) currently defines what land in specific federal and state pollution control and soil erosion programs qualifies for agricultural use. This listing has not been updated since 2000.

The proposed rule will address changes in the listed programs that have occurred since the rule was enacted and will also identify general criteria for determining what land that is in federal and state pollution control and soil erosion programs qualifies for agricultural use under the subchapter. This will provide consistency and clear standards for property owners and assessors.

Analysis and supporting documents used to determine effect on small business

This rule order makes changes to reflect current law and current department policy. It makes no policy or other changes having an effect on small business.

Anticipated costs incurred by private sector

Complying with the proposed rule will not have a fiscal effect on the private sector.

Effect on Small Business

This rule order does not affect small business.

Agency Contact Person

Please contact Dale Kleven at [phone] or [e-mail], if you have any questions regarding this rule order.

Text of the Rule