(PSC DOCKET 1-AC-245)
This statement of Scope was approved by the governor on May 15, 2014.
Rule No.
Relating to
Natural gas public utility territorial agreements.
Rule Type
Permanent.
1. Description of the Objective of the Rule and Expected Financial Impact
This rulemaking is being done to bring the Commission's administrative rules relating to natural gas public utility territorial agreements into conformity with
2013 Wisconsin Act 300 (Act 300). That Act allows a gas utility to provide service in a municipality served by another gas utility without commission action, if: (1) the utilities have entered into a territorial agreement about which customers will be served by which utility, (2) the additional utility's service territory is adjacent to the municipality it now wants to serve, and (3) the additional utility will only serve a limited number of customers in the municipality it now wants to serve.
Any financial impact has already occurred due to the statutory change. This rule change will have no financial impact.
2. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Before Act 300, a natural gas utility could not provide service in a municipality already served by a different gas utility unless it received a certificate from the commission. Act 300 changes this under the limited circumstances described in #1. The current administrative rules need to be modified to be consistent with the new statutory language
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11, Stats., authorizes an agency to promulgate administrative rules. Section
196.02 (1), Stats., authorizes the Commission to do all things necessary and convenient to its jurisdiction. Section
196.02 (3), Stats., grants the Commission specific authority to promulgate rules. Section
196.50 (1) (am), Stats., as created by Act 300, specifically requires the Commission to develop rules in this matter.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
It is estimated that 100 state employee hours will be needed to complete this rulemaking. No additional resources will be necessary.
5. Description of all Entities that may be Impacted by the Rule
All natural gas public utilities and municipalities served by natural gas public utilities.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
None.
Contact Person
John Lorence
Public Service Commission of Wisconsin
608-266-8128
Public Service Commission
(PSC DOCKET 1-AC-244)
This statement of Scope was approved by the governor on May 15, 2014.
Rule No.
Relating to
Rule Type
Permanent.
1. Description of the Objective of the Rule and Expected Financial Impact
The purpose of the rulemaking is to amend chs.
PSC 112,
133, and
184, relating to the requirement to obtain a certificate or approval prior to beginning a proposed project, to conform with the statutory changes in Wis. Stat. s.
196.49 (5g) made by
2011 Wisconsin Act 155. This will be accomplished by updating the revised cost thresholds for certification or approval in the rules.
The purpose of the rulemaking is to amend ch.
PSC 118, relating to displacement facilities, to conform with the statutory changes made in Wis. Stat. s.
196.378 (3) (a) 1m. by
2013 Wisconsin Act 300. This will be accomplished in the following ways: (1) strike the requirement that a displacement facility be placed in service on or after June 3, 2010, to be consistent with the statute, and (2) revise the reference to “in the entire area served by the Midcontinent Independent System Operator" as a basis for the displacement percentage to streamline the process for determining the displacement percentage.
It will also address the description of the calculation to determine displaced conventional electricity.
This rulemaking is expected to have no or minimal financial impact.
2. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background, and Justification for the Proposed Rule
Under the current language of ch.
PSC 118, only a displacement facility placed in service on or after June 3, 2010, may create renewable resource credits. The statutory changes made in Wis. Stat. s.
196.378 (3) (a) 1m. by
2013 Wisconsin Act 300 eliminates the date restriction.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11, Stats., authorizes agencies to promulgate administrative rules. Section
196.02 (1), Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section
196.02 (3), Stats., grants the commission specific authority to promulgate rules. Section
196.378 (3) (a) 1., Stats., requires the commission to promulgate rules that establish requirements for the creation and use of a renewable resource credit.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule And of Other Resources Necessary to Develop the Rule
The Commission estimates 130 hours of state employee time to develop the rules. No extraordinary resources are anticipated.
5. Description of all Entities that may be Impacted by the Rule
All electric, natural gas, and water public utilities.
All electric providers, customers or members of an electric provider, and renewable energy developers seeking to create renewable resource credits will be favorably impacted by this change.
There is no anticipated impact on utility ratepayers.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
No comparison with federal regulations can be made because there are none.
The intent of this rulemaking is to amend chs.
PSC 112,
133, and
184, relating to the requirement to obtain a certificate or approval prior to beginning a proposed project, to conform with the statutory changes in Wis. Stat. s.
196.49 (5g) made by
2011 Wisconsin Act 155.
No comparison with federal regulations can be made because there is no federal renewable portfolio standard. In addition, there are no known federal regulations governing the creation of renewable resource credits or their equivalent.
Contact Person
Transportation
This statement of Scope was approved by the governor on May 23, 2014.
Rule No.
Relating to
Wisconsin Scenic Byway Program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The department proposes to specify which types of highways may be integrated into a scenic byway created under Wis. Stat. s.
84.106.
2011 Wisconsin Act 147 (“Act 147") amended Wis. Stat. s.
84.106 so that any type of highway has the potential to be designated as a scenic byway. Prior to Act 147, only state and federal highways, other than interstates, could be incorporated into a scenic byway. This rulemaking proposes to incorporate this statutory change into Wis. Admin. Code ch.
Trans 202 and to exclude those parts of the transportation network not designed or intended for regular use by the motoring public.
The department anticipates that the following types of highways will be eligible for inclusion as a scenic byway:
• State and federal highways (currently eligible);
• Connecting highways (currently eligible);
• County highways (new);
• Local streets (new).
The department anticipates that the following types of facilities that fall within the scope of the legal term “highway" shall not be eligible for inclusion as a scenic byway:
