Scope statements
Natural Resources
Subject
Objective of the rule. Changes to the Managed Forest Law management plan process have been proposed in the 05/07 budget bill (2005 AB100). These changes if passed will require changes in Subchapter
III Chapter
NR 46 (Managed Forest Law) and Subchapter
VII Chapter
NR 47 (Private Forest Landowner Grant Program).
These changes deal with the responsibility for preparing management plans for Managed Forest Law including those received after May 31, 2005 and by July , 2005 (entry effective Jan 1, 2007). The process for handling plans and fees for these petitions will be needed as soon as possible so emergency rule adoption will be requested followed by permanent rules.
Policy analysis
DNR MFL plan preparation fee: The department must annually establish the fee to be charged for plans which the department agrees to prepare. The proposal is to establish a formula that can be used annually to set the fee.
Establish a process/parameters to determine which plans the department will agree to prepare: This may include a process for referring plans to independent certified plan writers.
Cost sharing modifications: including changes to address additional cost sharing for MFL Stewardship plans.
Misc clean up: Including new/revised definitions, correction of existing wording.
Statutory authority
Section
77.82 (2m) (am) (as proposed in 2005 AB100), and 227.11 (2) (a) Wis. Stats.
Staff time required
350 hours from department central office and field staff, and an additional 30 hours from non-department individuals consulted on the proposed changes.
Comparison with federal requirements
There are no existing or proposed federal regulations relating to these rule changes.
Public Service Commission
Subject
2005 Wisconsin Act 7 creates Wis. Stat. §
196.371, which authorizes the Public Service Commission (Commission) to specify the ratemaking principles which may be applicable to the proposed purchase or construction of electric generating facilities. The statute sets forth the procedures for the application for and review and approval of these principles. Newly-created Wis. Stat. §
196.371 (4) directs the Commission to promulgate rules for administrating the process for obtaining Commission orders regarding these capital cost ratemaking principles.
Policy analysis
2005 Wisconsin Act 7 authorizes a public utility that proposes to build or purchase an electric generating facility to request that the Commission determine, in advance and by order, the underlying principles by which the Commission will treat the recovery of the capital costs of the facility in setting rates for the utility. These costs include the purchase price and any necessary modifications or improvements to the facility made at the time of purchase. The Commission may issue an order if it finds that the proposed principles provide a sufficient degree of certainty to the utility, investors, and ratepayers with respect to future recovery of the facility's costs and that the order is otherwise in the public interest.
In requesting an order for the advance determination of ratemaking principles, the utility must describe its proposal for cost recovery, including all of the following:
The economic useful life of the facility.
The proposed return on equity and rate of return for the facility.
The proposed financing mechanisms for the facility.
The proposed method for determining the costs that may be recovered in rates.
Any other proposals or information that are necessary to provide certainty for the utility, investors, and ratepayers in future ratemaking proceedings.
Any other information specified by the Commission.
The Commission is promulgating rules to administer the new procedure, and to describe the administrative process that will apply. The rules will identify the information that the Commission will require in an application.
There are no existing policies that directly apply to the new statutory provision; the rules are intended to inform potential applicants of the filing requirements and the procedure the Commission will follow to consider an application.
Statutory authority
Staff time required
The Commission estimates less than 200 hours of staff time will be required to develop these rules. No additional resources are likely to be needed in order to complete this project.
Entities affected by rule
The rules apply to public utilities, as defined in Wis. Stat. §
196.01 (5).
Comparison with federal requirements
Not applicable.
Revenue
Subject
S.
Tax 1.15, relating to the discretion that the department will follow in the enforcement of rules and guidelines as they relate to small businesses.
Entities affected by rule
Comparison with federal requirements
The department is not aware of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Policy analysis
Objective of the rule. The objective of the proposed rule is to meet the requirement set forth in s.
895.59 (2), Stats., to disclose in advance the discretion that the department will follow in the enforcement of rules and guidelines as they apply to small businesses.
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect the creation by
2003 Wisconsin Act 145 of s.
895.59 (2), Stats. If the rules are not changed, they will be incorrect in that they will not be in compliance with current law.
Statutory authority
Staff time required
The department estimates it will take approximately 100 hours to develop this rule order.
