Rule-Making Notices (Hearing Notices)

The Land and Water Conservation Fund (LWCF) is a federal grant program administered by the U.S. National Park Service. This program provides funding to states for the acquisition of land and the development of facilities for public outdoor recreation. Use of LWCF funds is directed by the Statewide Comprehensive Outdoor Recreation Plan that identifies general trends in outdoor recreation and identifies broad regional and statewide needs for land acquisition and recreational facility development.

The US Fish and Wildlife Service administers several programs that provide funding to the Department for land acquisition and facility development. Most of these funds are targeted to a specific purpose, such as the protection of habitat for endangered species, coastal areas and wetlands. In addition, the Department receives Federal funding for motor boat access acquisition and development, for wildlife habitat protection and management, and for fisheries habitat protection and development. Land acquired with funds from the U.S. Fish and Wildlife Service must generally be open to the public. There are some limited restrictions on the types of activities that are allowed to occur on these federally funded properties.

Summary of factual data and analytical methodologies

2007 Wis. Act 20 included reauthorization of the Knowles-Nelson Stewardship Program for another 10 years with annual appropriations of $86 million. The Stewardship Program is the primary funding source for land acquisition for conservation and public outdoor recreation in Wisconsin. Reauthorization included a provision requiring that lands purchased in whole or in part with funds from the Stewardship Program under ss. 23.0915 and 23.0917, Stats., be open for nature-based outdoor activities (hunting, fishing, trapping, hiking, and cross country skiing) unless the Natural Resources Board determines it is necessary to prohibit one or more of the nature-based outdoor activities to protect public safety, protect unique plant and animal communities, or to accommodate usership patterns.

2007 Wis. Act 20 also added two new grant subprograms and required that the recreational boating facilities grant program now be funded under the Stewardship Program.

In addition to noting needed rule revisions in the 10 years since ch. NR 51 was last revised, Department staff have worked with the Stewardship Advisory Committee (SAC) on proposed revisions to this rule. The SAC is appointed by the DNR Secretary. A complete listing of SAC members can be found at http://dnr.wi.gov/org/caer/cfa/Grants/Agendas- Minutes/StewMembers.pdf.

Department staff also collected comments while working with the WI County Forest Administrators and the WI Waterways Commission.

Anticipated private sector costs

These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no significant costs are associated with compliance to these rules.

Small Business Impact

Pursuant to section 227.114, Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Impact

The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under Chapter NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Fiscal Estimate

State

No State Fiscal Effect

Local

No Local Government Costs

Assumptions used in arriving at fiscal estimate

2007 Wis. Act 20 included reauthorization of the Knowles-Nelson Stewardship Program until 2020 with annual appropriations of $86 million. Standards and criteria for grants issued to local units of government, non-profit conservation organizations, and Friends groups under the Stewardship Program are outlined in Chapter NR 51.

This proposed rule revision accomplishes several tasks:

1) NR 51 has not been updated since 1999. The proposed rule makes numerous “housekeeping" changes, provides administrative clarifications, provides several new definitions, and outlines administrative policy decisions that have been implemented since NR 51 was last updated.

2) 2007 Wis. Act 20 also added two new grant programs, and required that the recreational boating facilities grant program be funded under the Stewardship program. Three new subchapters have been added to Chapter NR 51 to be in compliance with these requirements. These new subchapters address grants for county forests (as outlined in s. 23.0953 (2)(a)1., Stats), grants to counties when the DNR asks for assistance (as outlined in s. 23.0953 (2)(a)2., Stats), and recreational boating facilities grants (as required under 23.0917 (2)(a)3m).

3) 2007 Wis. Act 20 also required that lands purchased with funds from the Stewardship Program under ss. 23.0915 and 23.0917, Stats., be open to hunting, trapping, hiking, fishing and cross country skiing unless the Natural Resources Board determines it is necessary to prohibit one or more of the nature-based activities to protect public safety, protect unique plant and animal communities, or to accommodate usership patterns. Provisions have been added to Chapter NR 51 to be in compliance with this requirement, and with the proposed Chapter NR 52.

None of the proposed changes have a fiscal impact.

Agency Contact Person

Amy Bradley, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921, [phone], [e-mail]

Notice of Hearing

Public Service Commission

rulemaking_notices CR 10-124 CR 10-124

(PSC # 1-AC-214)

NOTICE IS GIVEN that pursuant to section 227.16(2)(b), Stats., the commission will hold a public hearing on proposed rule changes to Chapter PSC 135, Wis. Admin. Code, relating to natural gas pipeline safety, including updates to the state additions to the pipeline safety code.

Hearing Information

Date and Time:	Location:
December 7, 2010 Tuesday 1:00 pm	Public Service Commission Amnicon Falls Hearing Room 610 North Whitney Way Madison, WI 53705

This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.

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 proceeding, or who needs to receive this document in a different format should contact the docket coordinator, as indicated in the previous paragraph, as soon as possible.

Hearing- or speech-impaired individuals may use the commission's TTY number: If calling from Wisconsin, use [phone]; if calling from outside Wisconsin, use [phone].

Submission of Written Comments

Comments Due:	Address to:
December 21, 2010 Tuesday NOON	Sandra J. Paske, Secretary to the Commission Public Service Commission of Wisconsin P.O. Box 7854 Madison, WI 53707-7854
FAX Due:
December 20, 2010 Monday NOON	Fax: [phone]

Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until Tuesday, December 21, 2010, at noon (Monday, December 20, 2010, at noon, if filed by fax). All written comments must include a reference on the filing to docket 1-AC-214. File by one mode only.

Industry:

File comments using the Electronic Regulatory Filing (ERF) system. This may be accessed from the commission's website, at www.psc.wi.gov.

Members of the Public:

If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these systems may be accessed from the commission's website, at www.psc.wi.gov.

If filing by mail, courier, or hand delivery: Address as shown in the box on page 1.

If filing by fax: Send fax comments to [phone]. The fax filing cover sheet MUST state “Official Filing," the docket number 1-AC-214, and the number of pages (limited to 25 pages for fax comments).

Copies of Proposed Rule

A copy of the Notice of Hearing including the text of the proposed rule can be obtained by going to the PSC's electronic regulatory filing (ERF) system. This can be accessed through the PSC's website at psc.wi.us. Once in the ERF system click on "Search ERF," then enter the docket number 1-AC-214 and the docket type "Notice". The Notice and text of the proposed rule can also be obtained by contacting Joyce Dingman at [e-mail] or 608-267-6919.

Analysis Prepared By the Public Service Commission Of Wisconsin

Statutory authority and explanation of authority

This rule is authorized under sections 196.02 (1) and (3), 196.745 (1) (a), and 227.11.

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 196.02 (3) grants the Commission specific authority to promulgate rules. Section 196.745 (1) (a) grants the Commission specific authority to adopt rules requiring that the construction and operation of gas facilities be done in a reasonably adequate and safe manner.

Statute interpreted

This rule interprets section 196.745, Stats., and, under a contract with the U.S. Department of Transportation, Office of Pipeline Safety, the federal pipeline safety regulations (49 CFR 190 to 199).

Related statutes or rules

The federal pipeline safety statutes may be found in 49 USC 60101 to 60133. The federal pipeline safety regulations may be found in 49 CFR 190 to 199. Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the commission enforces the federal pipeline safety regulations for Wisconsin's natural gas pipeline operators, primarily public utilities. Under this agreement, the commission has the authority to make additions to the federal code that are more stringent than the federal standards.

Chapter PSC 134 is the rule that deals with gas service standards. That rule also has some requirements concerning safe interactions between pipeline operators and their customers.

Summary and analysis of the rule

The rulemaking in this docket relates to adoption of the federal natural gas pipeline safety code and includes updates to the state additions to the pipeline safety code.

Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the commission enforces the federal pipeline safety regulations for Wisconsin's natural gas pipeline operators, primarily public utilities. Under this agreement, the commission has the authority to make additions to the federal code that are more stringent than the federal standards. The commission in the past has made a number of state additions to the federal code.

Although the commission regularly adopts the federal code revisions, it has been 14 years since a comprehensive review of the state additions to the natural gas pipeline safety regulations has been conducted. Since that time there have been many changes in the gas industry across the country and in Wisconsin.

This rulemaking also incorporates by reference all of the federal code, including changes made since July 1, 2007.

The numbering in this rule can be confusing because it is making insertions into the federal code. As a result, the numbering used for the substantive sections follows federal numbering conventions rather than state. Further, again following federal drafting conventions, when referring to other provisions in a piece of rule language that is being inserted into the federal code, the term “paragraph" is used, whereas under Wisconsin drafting conventions it might be referred to, for example, as “section" or “subdivision." Finally, Subchapter I of the rules has general state provisions rather than additions to the federal code. These are numbered using 4 numbers after the rule number. Subchapter II of the rules has the additions to the federal code. These are numbered using 3 numbers after the rule number. Subchapter I uses 4 numbers because it needs to be numbered lower than the first number in Subchapter II. So, for example, 135.0001 comes before 135.001.

Some changes have been made to bring the rules into current rulemaking format, without making a substantive change. For example, negative statements such as “No utility shall" and “A utility shall not" have been changed to “No utility may" and “A utility may not." These remain mandatory provisions; they have just been converted to current drafting conventions. Further, the existing state additions to the pipeline safety rules have been reviewed and revisions made, where appropriate, to ensure pipeline safety in Wisconsin. Information concerning significant changes to the Wisconsin additions to the federal code include the following:

135.0009 – Whistleblower protection

Under this provision, employers cannot retaliate against employees who “blow the whistle" about safety or the reliability of any portion of the gas system.

135.0010 – Filing requirements and maintenance of records

Part of this provision was moved from PSC section 135.019(4). Under this provision, operators must file manuals, and updates to those manuals, with the commission. Operators must also keep records and manuals in Wisconsin. It is sufficient to have computer access to some records.

Also, each operator must provide the commission with a list of customers that it believes may be master meter operators. This assists the commission in its inspections and allows the commission to open communication with these master meter operators to ensure that they are aware of the safety regulations they must follow.

135.001 – Scope of part addition

This change clarifies that all gathering lines that operate under pressure are within the commission's jurisdiction.

135.003 – Definition additions

Six definitions were added:

Acceptable leak detection device The definition is created rather than having the full description included in multiple places in the rule language.

Business district – This is added to clarify the phrase.

Commission – This is added as a “shorthand" way of referring to the Public Service Commission.

Distribution center – This is added to aid in defining transmission lines, the definition for which uses this previously undefined term.

Master meter system – This incorporates the federal definition and adds a clarification that is in line with the current federal enforcement policy.

Qualified person – This is added to clarify the phrase.

135.013 – General additions

Under this provision, utilities must conduct certain surveys of master meter operator systems and master meter system operators must have certain repairs done. This will aid in inspections and commission work with master meter operators. It will also increase public safety. The requirement is intended to attach to the facility, not the owner. So, if a utility performs inspections of a facility and then the facility is sold, the utility does not have to do them again for the new owner.

135.055 – Steel pipe addition

This was deleted as the process mentioned is no longer used to make steel.

135.103 – General addition

Cast iron pipes present a major leak problem due to frost heave. Except for maintenance of old mains, no new cast iron pipe has been installed since the 1950s. This provision has been changed to state that operators may no longer install or operate cast iron pipe. It specifically refers to pipe and does not prohibit the installation or use of cast iron components such as valves and fittings.

135.161 – Supports and anchors addition

Under this provision, builders must use non-combustible materials when constructing regulator station buildings. This matches a requirement that already exists for compressor stations. This provision ensures greater safety in case of a fire at a regulator station.

135.173 – Compressor stations: ventilation addition

This was deleted as unnecessary because it is now covered by other local, state and federal codes.

135.181 – Distribution line valves additions

(1) This provision will ensure that relighting occurs in a timely manner after an outage occurs. There is a federal requirement that valves be placed to assist in a quick shutdown. In Wisconsin, due to the winters, it is also important to have guidelines for quick relighting.