Wisconsin Legislature: CR 13-030

(a) The date the meter was placed into service.

(b) The information in all of the meter's test records under sub. (1).

SECTION 28. PSC 185.73 (2) is amended to read:

PSC 185.73 (2) Meters shall be tested Except as provided in s. PSC 185.46, a utility shall test a meter “as found," or before repair (As Found) and, and, unless the meter must be retained under s. PSC 185.77 (3), “as left," or after repair (As Left). (See s. PSC 185.46 for exceptions.)

SECTION 29. PSC 185.73 (4) is amended to read:

PSC 185.73(4) Meters A meter not meeting the accuracy or other requirements of s. PSC 185.61 or 185.65 shall, unless the meter must be retained under s. PSC 185.77 (3), be repaired or rebuilt to meet those requirements before further use.

SECTION 30. A note following PSC 185.76 (6) is created to read:

PSC 185.76 (6) Note: But see PSC 185.77 (3) (d) that may require all retired meters to be tested.

SECTION 31. A note following PSC 185.761 (2) is created to read:

PSC 185.761 (2) Note: But see PSC 185.77 (3) (d) that may require all retired meters to be tested.

SECTION 32. PSC 185.77 (title) is amended to read:

PSC 185.77 Complaint Request and referee tests.

SECTION 33. PSC 185.77 is renumbered 185.77 (1) and amended to read:

PSC 185.77 (1) (title) Request tests. Each utility shall promptly make an accuracy test without charge of any metering installation upon request of the customer if 24 months or more have elapsed since the last complaint customer requested test of the meter in the same location. If less than 24 months have elapsed, an amount equal to one-half the estimated cost of the meter test shall be advanced to the utility by the customer. Said The amount shall be refunded if the test shows the meter to be over or under registering by more than 2 percent %. A report giving the results of such the test shall be made to the customer and a complete original test record shall be kept on file in the office of the utility. Upon request, the test shall be made in the presence of the customer during normal business hours. (See also s. PSC 185.35, Adjustment of bills.)

SECTION 34. PSC 185.77 (3) is created to read:

PSC 185.77 (3) Meter retention. (a) Definitions. For purposes of this subsection, “as found" means retained, filled with water and capped without any other adjustments being made since the last test was performed.

(b) After a customer requested test. When a utility performs a customer requested test on a customer's meter under sub. (1) or when the commission requests that a meter be tested, the utility shall keep the tested meter, in “as found" condition, at a designated location on the utility's premises for at least one full billing period plus four weeks after the test result report is issued so that the meter is available should another meter test be requested. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.

(b) After a referee test. When a utility or third party retests a customer's meter under sub. (2), the utility shall keep the tested meter, in “as found" condition, at a designated location on the utility's premises for at least 10 business days after the test result report is issued so that the meter is available should further testing or review be needed. If the meter tests as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.

(c) When performing other tests. When a utility tests a customer's meter for a reason other than those in sub. (1) or (2) and the test results in a back bill or a credit, the utility shall keep the tested meter, in “as found" condition, at a designated location on the utility's premises for at least one full billing period plus four weeks after the back bill or credit is issued so that the meter is available should another meter test be requested. If a customer requests that the meter be retested, the utility shall keep the retested meter, in “as found" condition, at a designated location on the utility's premises for at least 10 business days after the retest is completed and a written report about that test has been issued.

(d) When a complaint or dispute occurs. When a utility receives a complaint under s. PSC 185.42 or is notified about a dispute under s. PSC 185.39 involving a meter-related issue, the utility shall keep the meter, in “as tested" condition, at a designated location on the utility's premises for at least one full billing period plus four weeks after the complaint or dispute and any appeal of that dispute is resolved so that the meter is available should testing be requested. If the meter was tested during the complaint or dispute process, and it tested as accurate, the utility may choose to keep the tested meter installed at the customer's premises for the designated time period rather than storing it at the utility's premises.

(e) When a meter is retired. When a utility retires a meter from service and test results indicate that no back bill or credit is due a customer, the utility may dispose of the meter immediately. When a utility retires a meter from service without testing it, the utility shall keep the meter, in “as found" condition, at a designated location on the utility's premises for at least one full billing cycle plus 4 weeks after the date on which the meter is retired so that the meter is available should another meter test be requested.

SECTION 35. PSC 185.77 (5) is created to read:

PSC 185.77 (5) Record retention requirements. A utility shall keep the complete, original record from any test under this section on file for the time period specified in s. PSC 185.19.

SECTION 36. PSC 185.78 and (title) are renumbered 185.77 (2) and (title).

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
PSC 113 Service Rules for Electric Utilities PSC 134 Standards for Gas Service PSC 185 Standards for Water Public Utility Service
3. Subject
Retention of electric/gas/water meters after being tested due to a customer's request or after a commission-refereed test. Retention of meter testing records.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors X Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
9. Policy Problem Addressed by the Rule
The commission has encountered several situations where meters were no longer available when initial or additional accuracy testing was requested. This rule ensures that meters initially tested for accuracy because of a customer's request are retained long enough that they are available for commission-referee testing. Further, it ensures that referee-tested meters are retained long enough for a customer to request an outside test. It also ensures that when meters are tested for other reasons and the test results in either a back-billing or a credit, the meters are retained long enough that they are available for referee testing. Finally, it establishes consistent retention periods for meter test records.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
All electric, gas and water utilities; Wisconsin Utilities Association; utility workers associations; Wisconsin Federation of Independent Business; Wisconsin Manufacturers and Commerce; Citizens Utility Board, League of Wisconsin Municipalities; Wisconsin Towns Association; Wisconsin Alliance of Cities; IBEW; Municipal Electric Utilities of Wisconsin; Wisconsin Rural Water Association; Wisconsin Water Association.
11. Identify the local governmental units that participated in the development of this EIA.
Municipalities with municipal gas, electric and/or water utilities and members of the League of Wisconsin Municipalities, Wisconsin Towns Association, and Wisconsin Alliance of Cities.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
In its comments the Wisconsin Utilities Association stated that while there may be costs to individual utilities, “the proposed rules will not adversely affect in any material way, the economy, a sector of the economy, productivity, jobs, or the competitiveness of this state." The water division of the Municipal Environmental Group stated that the requirement to test or retain meters could result in a significant economic impact, especially for a large utility undertaking a comprehensive meter replacement program. No specific financial impact figures were provided. Language changes were made to address this concern. Further, there is a provision that allows a utility to ask for a “waiver" in exceptional circumstances. A utility doing a comprehensive meter replacement could file such a petition.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Implementing this rule will help ensure that meter accuracy is adequately confirmed and will help ensure that billing for utility service is accurate. It should help prevent lingering questions and uncertainty about meter accuracy. Alternatives to implementing this rule are to not implement it or to adopt different retention periods. However, these retention periods were chosen so that customers will have the opportunity to receive another bill before deciding whether to request additional testing.
14. Long Range Implications of Implementing the Rule
This rule will ensure that meters remain available long enough for testing to be requested. This will help ensure that meter accuracy is adequately confirmed and will help ensure that billing for utility service is accurate. It should help prevent lingering questions and uncertainty about meter accuracy.
15. Compare With Approaches Being Used by Federal Government
There are no federal laws on this issue.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Although surrounding states anecdotally report at least some of the same problems experienced by this commission, none of them have rules that specify time periods for which meters must be retained. However, Iowa does advise utilities to keep meters until the time for an appeal has passed, especially if a referee test is performed. Further, when the Iowa Utilities Board issues orders granting waivers from meter testing requirements, it requires the utility to hold the meters for 120 days before disposing of them. Retention periods for meter testing records vary among surrounding states, although the general format is the same. Records from an individual meter test must be retained for a period of time after the results are recorded in a history record that contains a wide variety of information about a particular meter, including all of the test results for that meter. That history record is retained for a longer period of time. The proposed rule requires utilities to retain an individual test record until it is recorded in the meter history record and the meter is tested again. The meter history record must be kept for the life of the meter, plus 6 years. Six years was chosen because it is the general statute of limitations for consumer issues. Minnesota, Iowa and Illinois require that initial test records be kept for at least three years, while Michigan requires that they be kept for at least two years. In Minnesota, such records must be kept longer if necessary to permit compliance with commission rules. In Michigan, they must be kept longer, if necessary, to comply with rules regarding refunds on fast meters. In Illinois, meter history records need only be kept for three years. In Michigan and Minnesota, they must be kept for the life of the meter.
17. Contact Name				18. Contact Phone Number
Lisa Farrell				608-267-9086

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services

Professional Services, Chs. 1—299

rulemaking_notices CR 13-030 CR 13-030

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss. 227.11 (2) (a) and 440.03 (7m), Wis. Stats., interpreting s. 440.08 (2) (a) 38g., Wis. Stats., the Department will hold a public hearing at the time and place indicated below to consider an order to amend s. SPS 132.05, relating to the biennial renewal dates of home inspectors.

Hearing Information

Date: Monday, June 3, 2013
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 121
Madison, WI

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place where Comments Are to be Submitted and Deadline for Submission

Comments may be submitted to Shancethea Leatherwood, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to Shancethea.Leatherwood@wisconsin.gov. Comments must be received (at or before the public hearing to be held on June 3, 2013, to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shancethea Leatherwood, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at Shancethea. Leatherwood@wisconsin.gov or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 440.08 (2) (a) 38g., Stats.

Statutory authority

Sections 227.11 (2) (a) and 440.03 (7m), Stats.

Explanation of agency authority

The Department is empowered to promulgate rules interpreting the provision of any statute it enforces or administers pursuant to s. 227.11 (2) (a), Stats. The Department is further authorized by s. 440.03 (7m), Stats., to establish rules regarding credential renewal. Section 440.08 (2) 38g., Stats., is administered by the Department and sets forth the renewal period and fee for home inspectors. Therefore the Department is authorized both generally and specifically to promulgate these proposed rules.

Related statute or rule

None.

Plain language analysis

The sole purpose of this proposed rule is to correct an inconsistency regarding the renewal date for home inspectors. Currently, Wis. Admin. Code s. SPS 132.05 (1) states the renewal date for home inspectors is January 1, of each odd-numbered year. Section 440.08 (2) 38g., Stats., states that the renewal date is December 15 of each even-numbered year. The statute is controlling. Therefore, the proposed rule seeks to correct Wis. Admin. Code s. SPS 132.05 (1) to reflect the correct date. There are no new policies proposed by the rule.

Summary of, and comparison with, existing or proposed federal regulation

None.

Comparison with rules in adjacent states

Illinois: Home inspectors in Illinois may renew their license for a period of 2 years following the expiration date of their original license. 68 Ill. Adm. Code 1410.140 (2012).

Iowa: An internet search revealed no statutes or regulations regarding home inspectors in Iowa.

Michigan: There are no specific renewal dates for home inspectors in Michigan.

Minnesota: An internet search revealed no statutes or regulations regarding home inspectors in Minnesota.

Summary of factual data and analytical methodologies

None.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

This rule will not have any effect on small businesses as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at Greg.Gasper@wisconsin.gov or by calling (608) 266-8608.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis are attached.

Initial Regulatory Flexibility Analysis or Summary

None.

Environmental Assessment/Statement

None.

Agency Contact Person

Shancethea Leatherwood, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone (608) 261-4438; email at Shancethea.Leatherwood@wisconsin.gov.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis


1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
165-SPS 132.05
3. Subject
Home Inspector Biennial registration
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED X PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
9. Policy Problem Addressed by the Rule
The proposed rule seeks to correct the biennial renewal date currently within s. SPS 132.05 (1) by substituting January 1 of each odd numbered year with December 15 of each even –numbered year.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
This proposed rule was posted on the Department of Safety and Professional Services website and on the Wisconsin government website for 14 business days to solicit comments from the public. No businesses, business sectors, associations representing business, local governmental units, or individuals contacted the department about the proposed rule during that time period.
11. Identify the local governmental units that participated in the development of this EIA.
No local governmental units participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This rule will have no economic or fiscal impact on specific business, business sectors, public utility rate payers, local government units or the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefit of implementing the rule is providing the correct information regarding the home inspector biennial registration date in a manner in which licensees may find the information with ease.
14. Long Range Implications of Implementing the Rule
Correctly stating information regarding home inspector biennial renewal date.
15. Compare With Approaches Being Used by Federal Government
None
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois: Home inspectors in Illinois may renew their license for a period of 2 years following the expiration date of their original license. 68 Ill. Adm. Code 1410.140 (2012). Iowa: An internet search revealed no statutes or regulations regarding home inspectors in Iowa. Michigan: There are no specific renewal dates for home inspectors in Michigan. Minnesota: An internet search revealed no statutes or regulations regarding home inspectors in Minnesota.
17. Contact Name				18. Contact Phone Number
Shawn Leatherwood				608-261-4438

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services —
Veterinary Examining Board

rulemaking_notices CR 13-031 CR 13-031

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss. 15.08 (5) (b), 227.11 (2) (a) and 453.03 (1), Wis. Stats., and interpreting s. 453.03 (1), Wis. Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss. VE 1.02 (9) and 7.02 (3) (d); to renumber s. VE 1.02 (10m), (11), and (11m); renumber and amend s. VE 1.02 (10); to amend ss. VE 1.02 (3), 7.01 (1), 7.02 (3) (a), (4) (c), (8) (c), and 7.03 (1); to repeal and recreate s. VE 7.03 (2) and (3); and to create ss. VE 1.02 (3m), 7.03 (4), 7.06 (24), (25), and (26), and 9.05 (13), relating to standards of practice and unprofessional conduct of veterinarians and certified veterinary technicians.

Hearing Information

Date: Wednesday, May 29, 2013
Time: 10:30 a.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, WI

Appearances at the Hearing

Place where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Shawn Leatherwood Department of Safety and Professional Services, Division of Policy and Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to Shancethea.Leatherwood@wisconsin.gov. Comments must be received at or before the public hearing to be held on May 29, 2013 to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shawn Leatherwood Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Shancethea.Leatherwood@ wisconsin.gov.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 453.03 (1), Stats.

Statutory authority

Sections 15.08 (5) (b), 227.11 (2) (a), and 453.03 (1), Stats.

Explanation of agency authority

Examining boards are generally authorized by ss. 15.08 (5) (b), and 227.11 (2) (a), Stats., to promulgate rules for their own guidance and for guidance within the profession and to promulgate rules interpreting any statute enforced or administered by it. Section 453.03 (1), Stats., specifically authorizes the Veterinary Examining Board to draft rules relating to current practice within the profession. Therefore, the Veterinary Examining Board is authorized both generally and specifically to draft these rules.