CR 16-084 Rule Text

PUBLIC SERVICE COMMISSION OF WISCONSIN

Adopting Updated Federal Gas Pipeline Safety Code

1-AC-248

Clearinghouse Rule No. 16-084

ORDER ADOPTING FINAL RULES

The Public Service Commission of Wisconsin adopts an order to amend

PSC 135.019 (1) regarding the adoption of updated federal regulations regarding gas pipeline safety rules.

REPORT TO THE LEGISLATURE

The Report to the Legislature is included as Attachment A.

FISCAL ESTIMATE

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 updates the state’s enforcement authority.

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

FINAL REGULATORY FLEXIBILITY ANALYSIS

This rulemaking has no effect on 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. Since gas utilities are monopolies in their service territories, they are dominant in their field and, so, are not small businesses. Further, the contract between the federal department of transportation and the commission requires that treatment be uniform across the state and across gas pipeline operators. As a result, the commission cannot make special provisions for small business.

EFFECTIVE DATE

These rules 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.

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].

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 1st day of September, 2017. By the Commission:

REPORT TO THE LEGISLATURE

A. TEXT OF THE RULE

SECTION 1. PSC 135.019 (1) is amended to read:

PSC 135.019 (1) The federal department of transportation, office of pipeline safety, pipeline safety standards, as adopted through January 1, 2013 the effective date of this subsection … [LRB to insert date]…, and incorporated in 49 CFR Parts 192, 193 and 199, including the appendices, are adopted as state pipeline safety standards and incorporated by reference into this chapter.

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.

B. PLAIN LANGUAGE ANALYSIS

1. Statutory Authority and Explanation of Authority

This rulemaking is authorized under ss. 196.02 (1) and (3), 196.745 (1) (a), 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