J. Effect on Small Business (initial regulatory flexibility analysis)
These rules will not have an economic impact on small businesses. The Wisconsin Stat. § 227.114 (12) 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 field and are not small businesses.
K. Germane Modifications
The Commission resubmits the proposed rule pursuant to Wis. Stat. § 227.19(2) with germane modifications. While the proposed rule CR 22-077 was under review by the Joint Committee for Review of Administrative Rules (JCRAR), JCRAR raised concerned about language defining “distributed generation” (DG) capacity ranges and “export capacity” of a DG facility. On November 1, 2023, the Commission recalled the proposed rule pursuant to Wis. Stat. 227.19(4)(b)4. to make germane modifications. The Commission approved the proposed rule with germane modifications on November 9, 2023. Description of Modifications
JCRAR raised concerns regarding language in Sections 4 and 9 of the proposed rules. In Section 4, JCRAR expressed concerns regarding the second sentence which would not allow a DG facility with a non-exporting energy storage system of 1 MW or larger to be used in determining the export capacity as part of the category definitions. In Section 9, JCRAR expressed concerns with the second sentence because the use of “or” in the phase, “Export capacity is either the nameplate rating, or a lower amount if limited using any approved means,” is unclear. Language was proposed for the second sentence of Section 9 to make sure it is clear that the lesser of the two capacity values should be used. The Commission modified Sections 4 and 9 with JCRAR’s suggested revisions as follows:
— Section 4—PSC 119.02(7):
— Deleted the second sentence of this section, “The nameplate rating shall be used instead of the export capacity for this definition if the non-exporting energy storage system is larger than 1 MW.”
— Section 9—PSC 119.02(17m):
— Deleted the second sentence of this section, “Export capacity is either the nameplate rating, or a lower amount if limited using any approved means.”
— Replaced with the following language below. The suggested language was slightly revised to comply with LRB formatting guidelines:
— Export capacity is the lesser of the following:
— (1) the nameplate rating.
— (2) if limited using any approved means, that limited amount.
L. Agency Contact Person
M. Place Where Comments are to be Submitted and Deadline for Submission
A hearing notice, announcing a preliminary public hearing on the statement of scope, was published on the Commission’s website on March 4, 2021, and in the Wisconsin Administrative Register on March 8, 2021. An in-person hearing was held on March 19, 2021. The Commission accepted comments by regular mail, online, and at the public hearing. The public comment period for online and mailed comments ended on March 25, 2021. The public had the opportunity make oral comments at the hearing.
A hearing notice, announcing the public hearing and public comment period, was published on the Commission’s website on October 27, 2022, and in the Wisconsin Administrative Register on November 11, 2022. A virtual public hearing was held on November 29, 2022. The Commission accepted comments by mail, online, and at the public hearing. The public comment period ended on December 7, 2022.
Dated at Madison, Wisconsin, the 9th day of November, 2023.
By the Commission:
Cru Stubley
Secretary to the Commission
CS DL:01974190
Appendix A
[See PDF for formatting]
TEXT OF PROPOSED RULE
Section 1. PSC 119.02 (4) is amended to read:
PSC 119.02 (4) “Category 1” means a DG facility with an export capacity of 20 kW or less. A DG facility comprised of a resource no larger than 20 kW with a non-exporting energy storage system no larger than 20 kW shall be considered a Category 1 system.
Section 2. PSC 119.02 (5) is amended to read:
PSC 119.02 (5) “Category 2” means a DG facility with an export capacity of greater than 20 kW and not more than 200 kW. The nameplate rating shall be used instead of the export capacity for this definition if the non-exporting energy storage system is larger than 20 kW.
Section 3. PSC 119.02 (6) is amended to read:
PSC 119.02 (6) “Category 3” means a DG facility with an export capacity of greater than 200 kW and not more than 1 MW. The nameplate rating shall be used instead of the export capacity for this definition if the non-exporting energy storage system is larger than 200 kW.
Section 4. PSC 119.02 (7) is amended to read:
PSC 119.02 (7) “Category 4” means a DG facility with an export capacity of greater than 1 MW and not more than 15 MW.
Section 5. PSC 119.02 (16d) is created to read:
PSC 119.02 (16d) “Energy storage system” means a device or devices that capture energy produced at one time, store that energy for a period of time, and deliver that energy as electricity for use at a future time.
Section 6. PSC 119.02 (16h) and (Note) are created to read:
PSC 119.02 (16h) “Energy storage system max continuous output kW in alternating current” means the maximum rated continuous power output of the energy storage system.
PSC 119.02 (16h) (Note): This defined term should be used when completing the standard application form, PSC Form 6031.
Section 7. PSC 119.02 (16p) and (Note) are created to read:
PSC 119.02 (16p) “Energy storage system max usable energy kWh in alternating current” means the maximum rated amount of energy stored in the energy storage system.
PSC 119.02 (16p) (Note): This defined term should be used when completing the standard application form, PSC Form 6031.
Section 8. PSC 119.02 (16t) and (Note) are created to read:
PSC 119.02 (16t) “Energy storage system peak output kW in alternating current” means while grid interactive, the maximum short duration rated output power of the energy storage system to the distribution system.
PSC 119.02 (16t) (Note): This defined term should be used when completing the standard application form, PSC Form 6031.
Section 9. PSC 119.02 (17m) is created to read:
PSC 119.02 (17m) “Export capacity kW in alternating current” means the amount of power that can be transferred from the DG facility to the distribution system. Export capacity is the lesser of the following:
(1)
the nameplate rating.(2)
if limited using any approved means, that limited amount.Section 10. PSC 119.02 (25) is amended to read:
PSC 119.02 (25) “kW” means kilowatt. Unless otherwise specified, the definition references units in alternating current.
Section 11. PSC 119.02 (27) is amended to read:
PSC 119.02 (27) “MW” means megawatt. Unless otherwise specified, the definition references units in alternating current.
Section 12. PSC 119.02 (27m) is created to read:
PSC 119.02 (27m) “Nameplate rating alternating current” means the sum total of maximum continuous rated power (kW) output while grid connected of all of a DG facility’s constituent generating units or energy storage systems, or both, as identified on the manufacturer nameplate, regardless of whether it is limited by any approved means.
Section 13. PSC 119.02 (32) is amended to read:
