Scope Statements
Public Service Commission
Subject
Applications for Service and the Fair and Accurate Credit Transactions Act.
Objective of the Rule
The Fair and Accurate Credit Transactions Act of 2003 -
See PDF for diagram 
(FACT) included a number of changes to the Fair Credit Reporting Act. -
See PDF for diagram Many of these changes addressed identity theft risks and plans that companies must develop to ensure the identity of those who already have accounts, or who open new accounts, with the company.
In reviewing the rules for the various industries that the commission regulates, it was discovered that, under some circumstances those rules could interfere with a company's ability to meet the FACT requirements. This rulemaking will review the parts of chs.
PSC 113,
134, and
185 that deal with applications for service, disconnections and other relevant subjects, and make changes to ensure that they do not interfere with a company's ability to comply with FACT.
Policy Analysis
Chapters
PSC 113,
134, and
185 contain service rules for the electric, gas and water industries. Changes will be proposed to ensure that these rules do not interfere with a company's ability to comply with FACT. The changes will allow a utility to refuse service if an applicant fails to provide adequate identity documentation, something that is not allowed under existing rules.
Statutory Authority
Comparison with Federal Regulations
Various provisions of
FACT, the Fair Credit Reporting Act,
31 CFR 103.121,
16 CFR chs.
614 and
681, and
31 CFR 103.121, all address identity theft risk identification and prevention. This rulemaking will use these to revise rules about applications for service, disconnections and other relevant subjects.
Entities Affected by the Rule
All electric, gas and water companies regulated by the commission will be affected.
Estimate of Time Needed to Develop the Rule
The commission estimates that approximately 100 hours of commission staff time will be required in this rulemaking.
Revenue
Subject
Creates section
Tax 11.10, relating to tax exemption for wind, solar, and certain gas powered products.
Objective of the Rule
The objective of the proposed rule changes is to interpret the sales and use tax exemption provided in s.
77.54 (56), Stats., created effective July 1, 2011.
Policy Analysis
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Entities Affected by the Rule
Persons selling, purchasing, storing, using, or otherwise consuming certain energy-producing wind, solar, and gas powered products and the electricity or energy they produce.
Estimate of Time Needed to Develop the Rule
The department estimates it will take approximately 100 hours to develop this rule order
Agency Contact
Dale Kleven
Phone: (608) 266-8253
