Register July 2007 No. 619
Chapter PSC 137
ENERGY EFFICIENCY AND RENEWABLE RESOURCE PROGRAMS
PSC 137.02 Program administrator solicitation and public notice.
PSC 137.03 Program administrator selection.
PSC 137.04 Collective statewide program contracts.
PSC 137.05 Minimum requirements of statewide energy efficiency and renewable energy programs.
PSC 137.06 Procedures to receive contributions from municipal utilities and retail electric cooperatives.
PSC 137.07 Utility-administered programs for large commercial, industrial, institutional, or agricultural customers.
PSC 137.08 Voluntary utility energy efficiency or renewable resource programs.
PSC 137.09 Large energy customer self-directed energy efficiency programs.
PSC 137.01
PSC 137.01 Definitions. The definitions specified in s.
196.374 (1), Stats., apply to this chapter. In addition, in this chapter:
PSC 137.01(1)(a)
(a) The amount of energy savings or renewable resource energy production that a program participant would have achieved even in the absence of the energy efficiency or renewable resource program.
PSC 137.01(1)(b)
(b) The amount of energy savings or renewable resource energy production that is directly attributable to the influence of the energy efficiency or renewable resource program but is not included in the program.
PSC 137.01(2)
(2) “Commission" means the public service commission.
PSC 137.01(3)
(3) “Division administrator" means the administrator of the division of gas and energy in the public service commission, or a designee.
PSC 137.01(7)
(7) “Net cost-effectiveness" means the extent to which an energy efficiency program or a renewable resource program is cost-effective, after being adjusted for attribution.
PSC 137.01(8)
(8) “Program administrator" means a person who contracts with the energy utilities to develop and administer the statewide programs under s.
196.374 (2) (a) 1., Stats.
PSC 137.01 History
History: CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07. PSC 137.02
PSC 137.02 Program administrator solicitation and public notice. PSC 137.02(1)(1)
Competitive solicitation. Energy utilities soliciting proposals for a program administrator under s.
196.374 (2) (a) 1., Stats., shall ensure that all solicitations are conducted in a manner that is fair and promotes competition.
PSC 137.02(2)(a)(a) Energy utilities shall provide reasonable public notice of all solicitations of program administrator proposals under s.
196.374 (2) (a) 1., Stats. The energy utilities may provide this notice through the print, broadcast, or telecommunications media, including the internet. The notice period the energy utilities select is subject to the commission's prior approval.
PSC 137.02(2)(b)
(b) The notice shall include the purpose of the solicitation, selection criteria, application procedures, and all applicable solicitation deadlines that an applicant is required to meet, or shall contain instructions for obtaining this information.
PSC 137.02(3)
(3) Application requirements. Anyone applying to be a program administrator shall submit the application to the energy utilities or the commission, as directed in the notice provided under this section. Applications that are incomplete, filed late, or not executed by an individual with the authority to act on the applicant's behalf shall be rejected.
PSC 137.02 History
History: CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07. PSC 137.03
PSC 137.03 Program administrator selection. PSC 137.03(1)(1)
Role of the program administrator. The program administrator shall oversee a portfolio of energy efficiency and renewable resource statewide programs, in which other market providers and contractors implement measures with end-use customers.
PSC 137.03(2)
(2) Selection criteria. Prior to the solicitation of a program administrator under s.
196.374 (2) (a) 1., Stats., the energy utilities shall submit their proposed criteria for evaluating proposals and selecting a program administrator to the commission. These criteria shall evaluate the following:
PSC 137.03(2)(a)
(a) The qualifications and financial soundness of a proposed program administrator and any proposed administrative subcontractor.
PSC 137.03(2)(b)
(b) The previous performance of a proposed program administrator and any proposed administrative subcontractor.
PSC 137.03(2)(c)
(c) The technical feasibility and quality of the proposed work plan, including the feasibility of proposed goals, performance measures, and environmental and economic benefits identified as objectives in the proposal.
PSC 137.03(2)(d)
(d) Compliance with each of the policies and goals the commission identifies for the statewide energy efficiency program.
PSC 137.03(3)
(3) Approved, modified, or rejected selection criteria. The energy utilities' proposed selection criteria are subject to the commission's prior approval. The commission may modify or reject the proposed selection criteria within 20 working days after it receives them. If the commission does so, it shall explain its reasons in writing. The energy utilities may propose a new criterion to replace any modified or rejected criterion. If the commission does not modify or reject any of the proposed selection criteria within 20 working days after receiving them, they are deemed approved.
PSC 137.03(4)
(4) Notice to commission when program administrator is selected. The energy utilities shall notify the commission in writing of their selection of a program administrator. The energy utilities may negotiate a combination of proposals from various administrators, if they determine that such a combination would better meet the objectives of the statewide program.
PSC 137.03(5)
(5) Commission approval of program administrator. The commission shall, in writing and within 40 working days after it receives the energy utilities' notice under
sub. (4), approve or reject for cause a program administrator whom the energy utilities selected.
PSC 137.03(6)
(6) Right to protest. If the energy utilities dispute the commission's rejection of a selected program administrator under
sub. (5), they may protest to the commission. The energy utilities shall serve such a protest in writing on the division administrator within 20 working days after they receive notice of the commission's rejection. The division administrator may settle and resolve any protest brought under this subsection. If the protest cannot be resolved by mutual agreement, the division administrator shall issue a written decision to the energy utilities.
PSC 137.03(7)
(7) Appeal. The energy utilities may, within 20 working days after the division administrator issues a decision under
sub. (6), appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.
PSC 137.03(8)
(8) Contract status. The energy utilities may not sign a contract with a proposed program administrator during the 40 working days when the commission can review the energy utilities' proposed selection under
sub. (5) or while a protest or appeal is pending under
sub. (6) or
(7). The commission may void any contract for the selection of a program administrator that is signed during these periods.
PSC 137.03 History
History: CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07. PSC 137.04
PSC 137.04 Collective statewide program contracts. PSC 137.04(1)(a)(a) The energy utilities shall notify the commission in writing of their intent to sign a collective contract for statewide programs with a program administrator and shall submit a copy of the proposed contract to the commission for its approval.
PSC 137.04(1)(b)1.
1. A requirement that the statewide programs shall comply with the policies and goals issued by the commission.
PSC 137.04(2)(a)(a) The commission shall, in writing and within 40 working days after receiving the energy utilities' notice under
sub. (1), approve, approve with modifications, or reject a proposed contract.
PSC 137.04(2)(b)
(b) Upon receiving notice from the commission that it has approved a statewide program contract, the energy utilities shall sign the contract with a program administrator.
PSC 137.04(2)(c)
(c) Upon receiving notice from the commission that it has approved with modifications a statewide program contract, the energy utilities may sign a modified contract with a program administrator.
PSC 137.04(3)
(3) Right to protest. If the energy utilities dispute the commission's modification or rejection of a proposed contract under
sub. (2) they may protest to the commission. The energy utilities shall serve such a protest in writing on the division administrator within 10 working days of the receipt of the commission's rejection or modification of a proposed contract. The division administrator may settle and resolve any protest brought under this subsection. If the protest is not resolved by mutual agreement, the division administrator shall issue a written decision to the energy utilities.
PSC 137.04(4)
(4) Appeal. The energy utilities may, within 20 working days after the division administrator issues a decision under
sub. (3), appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.
PSC 137.04(5)
(5) Contract status. The energy utilities may not sign a contract for statewide programs while the commission is reviewing the energy utilities' proposed contract under
sub. (2) or while a protest or appeal is pending under
sub. (3) or
(4). The commission may void any contract for statewide programs that the energy utilities sign during these periods.
PSC 137.04 History
History: CR 06-139: cr. Register July 2007 No. 619, eff. 8-1-07. PSC 137.05
PSC 137.05 Minimum requirements of statewide energy efficiency and renewable energy programs. PSC 137.05(1)(1)
Programs for all customers. The statewide programs shall address the energy efficiency and renewable resource needs of all customers of participating energy utilities, municipal utilities, and retail electric cooperatives, except for the energy efficiency needs of those customers served by a utility-administered program under
s. PSC 137.07 or a large energy customer self-directed program under
s. PSC 137.09.
PSC 137.05(2)
(2) Renewable resource programs for large customers. The statewide programs shall use a portion of the utility revenues collected from each large energy customer, including large energy customers who are participating in a self-directed energy efficiency program under
s. PSC 137.09 and large commercial, industrial, institutional, or agricultural customers as defined in
s. PSC 137.07 (1), to provide renewable resource programs to these customers.
PSC 137.05(3)
(3) Environmental benefits. The statewide programs shall deliver programs that result in environmental benefits, as identified by the commission, either on-site or at the generation level.
PSC 137.05(4)
(4) Programs for local units of government and agricultural producers. PSC 137.05(4)(a)(a) The statewide programs shall allocate at least 10 percent of the moneys collected under s.
196.374 (3) (b) 2., Stats., to programs to increase the energy efficiency of local units of government and agricultural producers. These programs are required to pass a portfolio level test of net cost-effectiveness, as determined by the commission.
PSC 137.05(4)(b)
(b) If the commission determines that the energy utilities cannot spend the full amount of moneys under
par. (a) on cost-effective programs to serve local units of government and agricultural producers in any program year, the energy utilities shall allocate these unspent funds to programs to serve commercial, institutional, and industrial customers in the following program year.
PSC 137.05(5)
(5) Promoting markets. The statewide programs shall include initiatives and strategies that address the needs of individuals or businesses facing the most significant barriers, as determined by the commission, to creating or participating in markets for energy efficiency and renewable resource products and services.
