Public Notices
Correction
Public Service Commission
(PSC # 1-AC-229)
The Public Service Commission of Wisconsin proposes an order to repeal PSC 113.0301 (1m) (j) and (3), 113.0406 (7), 134.062 (2), 134.063 (1) (L), 134.13 (7), 185.33 (18) and 185.37 (2) (L); to amend PSC 113.0301 (1m) (i), 134.062 (1) (k) and 185.37 (2) (k); and to create PSC 113.0408, 113.0409,
134.051, 134.053, 185.30 and 185.305, relating to applications for service and the Fair and Accurate Credit Transactions Act.
Effective 8-1-14.
Final Regulatory Flexibility Analysis
This rule will not affect small businesses. 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 gas, electric, and water utilities are monopolies in their service territories, they are dominant in their fields, and so, are not small businesses.
Legislative Comments
No comments were reported.
Natural Resources
On July, 2014, in Case No. Case No. 12CV3654, Midwest Environmental Defense Center Inc. v. Wisconsin Department of Natural Resources, et. al., an action for declaratory judgment under s.
227.40, Stats., the Circuit Court for Dane County, Branch 1, entered a Final Order and Judgment as follows:
FINAL ORDER AND JUDGMENT
For the reasons stated in this Court's Decision on Plaintiff's Motion for Summary Judgment, dated July 1, 2014, it is hereby ORDERED that:
3. Wis. Admin. Code §
NR 106.91 is declared valid.
4. That portion of Wis. Admin. Code §
NR 106.32(2)(b)2 which reads, "An additional period of time, not to exceed 6 months, shall be provided in the schedule of compliance under s.
NR 106.37 to perform the demonstration." is declared invalid.
5. That portion of Wis. Admin. Code §
NR 106.32(3)(a)4.a which reads, "The department shall allow an extended compliance schedule in the permit not to exceed one year for the permittee to provide the demonstration." is declared invalid.
8. As required by Wis. Stat. §
227.40(6), by copy of this Order, the Legislative
Reference Bureau is ordered to publish a notice of the Court's determination as to the validity or invalidity of the rules (or portions thereof) referenced above in the Wisconsin Administrative
Register under Wis. Stat. §
35.93(2), and to insert an annotation of the Court's determination in the Wisconsin Administrative Code under Wis. Stat.
§ 13.92(4)(a).
10. All other relief sought by Plaintiff is DENIED.
This is a Final Order under Wis. Stat. §
808.03(1).
Dated: 7/11/14
BY THE COURT:
John W. Markson
Circuit Court Judge, Branch 1
