CR 16-084 Rule Text

This rulemaking is based on an agreement with the U.S. Department of Transportation, Office of Pipeline Safety.

6. Summary of Analysis and Supporting Documents used to Determine Effect on Small Business

This rule will not affect small businesses. The s. 227.114(1), Stats., definition of “small business” states that to be considered a small business, the business must not be dominant in its field. Because electric, gas, and water utilities are monopolies in their service territories, they are dominant in their fields and, so, are not small businesses.

7. Agency Contact People

Questions regarding this matter should be directed to docket coordinator Thomas Stemrich, at [phone] or [e-mail]. Small business questions should be directed to Charlene Smith at [phone] or [e-mail]. Media questions should be directed to the Communications Director at [phone].

8. Accommodation

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 to receive this document in a different format should contact the docket coordinator, as indicated in the preceding paragraph, as soon as possible.

C. FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS

This rule will result in no fiscal impact since pipeline operators are already required, under federal law, to follow the federal regulations. Any economic impact of those federal regulations has already occurred. This rulemaking just updates the state’s enforcement authority.

The Fiscal Estimate and Economic Impact Analysis for this rulemaking is included as Attachment A1.

D. BASIS AND PURPOSE OF RULES

Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations, 49 CFR. Parts 192, 193, and 199. As part of the agreement, the commission adopts the federal pipeline safety code in Wis. Admin. Code s. PSC 135.019. The commission’s latest version of that rule adopts the federal code up to January 1, 2013. New gas pipeline safety code requirements are generally enacted in October of each year. As a result, the commission needs to amend its rule to include those federal regulation changes made since January 2013. Adoption of these amendments will keep the commission in compliance with its obligation to adopt all federal changes in the pipeline safety area.

E. SUMMARY OF PUBLIC COMMENTS AND COMMISSION RESPONSES

No public comments received were received.

F. APPEARANCES AT PUBLIC HEARING

This rulemaking has been 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 were solicited.

G. ANY CHANGES TO THE FISCAL ESTIMATE OR THE ANALYSIS UNDER s. 227.14(2), STATS.

None.

H. RESPONSE TO LEGISLATIVE COUNCIL COMMENTS

A copy of the Legislative Council report is included as Attachment A2. Responses to those comments follow:

2. Form, Style and Placement in Administrative Code

Agree. Changes made.

I. MISCELLANEOUS DETERMINATIONS

The commission’s Wisconsin Environmental Policy Act coordinator examined whether the rules will have an environmental impact and concluded that they will not. Commission staff considered whether the rules will impact housing under s. 227.115, Stats., and concluded that they will not. Commission staff also complied with s. 227.21, Stats., to incorporate by reference provisions of the federal regulations.