CR 14-053 Rule Text

PUBLIC SERVICE COMMISSION OF WISCONSIN

Amend Relevant Sections of chs. PSC 112, PSC 133, and PSC 184 to Conform with 2011 Wisconsin Act 155, and Amend Relevant Sections of PSC 118 to Conform with 2014 Wisconsin Act 300

1-AC-244

Clearinghouse Rule No. 14-053

ORDER ADOPTING FINAL RULES

The Public Service Commission of Wisconsin proposes an order to repeal 112.05 (3) (a) 1. to 3. and 118.03 (2) (b); renumber and amend 112.05 (3) (a) (intro.), 118.09 (1), 133.03 (1) (e) and 184.03 (3); amend 112.05 (3) (b), 118.02 (17), 118.03 (1) (intro.) and (2) (intro.), 118.03 (4) (b) (intro.) and (5), 118.04 (1) and 118.09 (5); and create 112.05 (3) (c) and (c) (note), 118.09 (1) and (2), 133.03 (1) (e) 2., 3., and 3. (note), and 184.03 (3) (b), (c) and (c) (note) about obtaining a certificate or approval prior to beginning a proposed utility project, and displacement facility requirements and the displacement percentage that apply in renewable energy situations.

REPORT TO THE LEGISLATURE

The Report to the Legislature is included as Attachment A.

FISCAL ESTIMATE

This rulemaking should have either no or minimal economic impact. The Fiscal Estimate and Economic Impact Analysis for this rulemaking are included as Attachment A1.

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.

EFFECTIVE DATE

These rules shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provide in s. 227.22 (2) (intro.), Stats.

CONTACT PEOPLE

Questions regarding this matter should be directed to docket coordinator Andrew Kell, at [phone] or [e-mail]. Small business questions should be directed to Christine Swailes at [phone] or [e-mail]. Media questions should be directed to the 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 matter or who needs to obtain this document in a different format should contact the docket coordinator listed above.

Dated at Madison, Wisconsin, this 30th day of March, 2015.

By the Commission:

Sandra J. Paske

Secretary to the Commission

Attachments

SJP:JMD

REPORT TO THE LEGISLATURE

A.   TEXT OF THE RULE

The text of the rule is included as Attachment A2.

B.   PLAIN LANGUAGE ANALYSIS

1.   Statutory Authority and Explanation of Authority

This rulemaking is authorized under ss. 196.02 (1) and (3), 196.378, 196.49 (3) and 227.11, Stats.

Section 227.11 authorizes agencies to promulgate administrative rules. Section 196.02 (1) authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.02 (3) grants the commission specific authority to promulgate rules. Section 196.378, Stats., authorizes the commission to promulgate a variety of rules concerning renewable energy credits. Section 196.49 (3) authorizes the Commission to promulgate rules about granting certificates.

Statutes Interpreted

This rule interprets ss. 196.378 and 196.49, Stats.

Related Statutes or Rules

None.

2.   Brief Summary of Proposed Rules

The purpose of this rulemaking is to amend chs. PSC 112, PSC 133, and PSC 184 of the Wisconsin Administrative Code relating to the requirement to obtain a certificate or approval prior to beginning a proposed project, to conform with the statutory changes in s. 196.49(5g), Stats., made by 2011 Wisconsin Act 155. This will be accomplished by updating the revised cost thresholds for certification or approval in the rules.

Furthermore, this rulemaking will amend ch. PSC 118, relating to displacement facilities, to conform with the statutory changes made in s. 196.378(3)(a)1m., Stats., by 2013 Wisconsin Act 300. This will be accomplished in the following ways: (1) strike the requirement that a displacement facility be placed in service on or after June 3, 2010, to be consistent with the statute; and (2) revise the reference to “in the entire area served by the Midcontinent Independent System Operator” as a basis for the displacement percentage to streamline the process for determining the displacement percentage.

3.   Comparison with Existing or Proposed Federal Regulations

The commission is not aware of any existing or proposed federal legislation concerning the matters addressed in this rulemaking.

4.   Comparison with Similar Rules in Adjacent States

The commission is not aware of any surrounding states that limit what facilities may be used to create renewable energy credits by the date on which the facilities went into service. The commission is not aware of any surrounding states that determine whether certification or approval is necessary by the cost of the project.

5.   Summary of Factual Data and Analytical Methodologies Used

Most of this rule merely conforms the rules to statutory changes. Changing the existing reference to the "Midcontinent Independent System Operator” so that the rule refers to the more accurate information submitted to the commission by utilities is based on experience with the program.