PUBLIC SERVICE COMMISSION OF WISCONSIN
In the Matter of Proposed Revisions to ch. PSC 118, Renewable Resource Credit Tracking Program | 1-AC-252 |
Clearinghouse Rule No. 20-083
The statement of scope for this rule, SS 012-19, was approved by the Governor on December 20, 2018, published in Register No. 757A3 on January 14, 2019, and approved by the Commission on April 29, 2021. This rule was approved by the Governor on May 13, 2021. ORDER ADOPTING FINAL RULE
This is an Order of the Public Service Commission of Wisconsin proposing to create PSC 118.02 (5g) (dm), relating to allowing an electric provider, or customer or member of an electric provider, to create a renewable resource credit for heat that is a byproduct of a manufacturing process and is used to provide thermal energy for another purpose.
ANALYSIS PREPARED BY
THE PUBLIC SERVICE OF WISCONSIN
A. Text of Rule
The proposed rule text is provided in Appendix A to this Order.
B. Statute Interpreted
This rule interprets Wisconsin Stat. § 196.378. C. Statutory Authority and Explanation of Authority
This rulemaking is authorized under Wisconsin Stat. §§ 196.02 (1) and (3), 196.378 (3) (a) 1m., and 227.11 (2). Wisconsin Stat. § 196.378 (3) (a) 1m. authorizes the Commission to promulgate a variety of rules concerning renewable energy credits. Wisconsin Stat. § 196.02 (1) authorizes the Commission to do all things necessary and convenient to its jurisdiction. Wisconsin Stat. § 196.02 (3) grants the Commission specific authority to promulgate rules. Wisconsin Stat. § 227.11 (2) authorizes agencies to promulgate administrative rules. D. Related Statutes or Rules
There are no other related statutes or rules.
E. Plain Language Analysis
The rulemaking amends Wisconsin Admin. Code ch. PSC 118 to align with 2017 Wisconsin Act 53, which promulgated Wisconsin Stat. § 196.378 (1) (h) 1. k. and amended Wisconsin Stat. § 196.378 (3) (a) 1m. Wisconsin Stat. § 196.378 (1) (h) 1. k added heat that is a byproduct of a manufacturing process to the definition of a renewable resource, and Wisconsin Stat. § 196.378 (3) (a) 1m. requires the Public Service Commission to promulgate rules that allow an electric provider or customer or member of an electric provider to create a renewable resource credit for heat that is a byproduct of a manufacturing process or heat that is a byproduct of a manufacturing process and is used to provide thermal energy for another purpose. This rule revision conforms to statutory changes made by 2017 Wisconsin Act 53 by adding the definition “heat that is a byproduct of a manufacturing process” to Wisconsin Admin Code. ch. 118 and creating Wisconsin Admin. Code PSC § 118.02 (5g) (dm). F. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations
There is not currently a federal renewable portfolio standard (RPS) program.
G. Comparison with Similar Rules in Adjacent States
The Commission is not aware of any surrounding states that allow heat that is a byproduct of a manufacturing process under definitions of resources for rules related to a state Renewable Portfolio Standard. Additionally, none of the neighboring states (Michigan, Minnesota, Illinois, and Iowa) have Renewable Portfolio Standards rules similar to the statutory changes allowed by 2017 Wisconsin Act 53. H. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen
Wisconsin Admin. Code ch. PSC 118 governs the creation and tracking of renewable resource credits, and this rule revision aligns Wisconsin Admin. Code ch. PSC 118 with the applicable state statute. The proposed rule revises ch. PSC 118 to allow an electric provider or customer or member of an electric provider to create a renewable resource credit for heat that is a byproduct of a manufacturing process or heat that is a byproduct of a manufacturing process and is used to provide thermal energy for another purpose. There was not a need to evaluate factual data and analytical methods as a means to identify regulatory approaches. Rather, experienced department staff reviewed the existing rules to identify necessary changes and developed the preliminary drafts of the proposed rules. I. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report
Electric utilities are not considered “small businesses” under Wisconsin Stat. § 227.114 (1). As such, this rule will not affect small businesses. However, the Commission’s fiscal estimate and economic impact analysis also determined that the proposed rules will not have an economic impact on small businesses. The Commission sought input from all electric utilities, Citizens’ Utility Board of Wisconsin, Wisconsin Industrial Energy Group, and RENEW Wisconsin. J. Effect on Small Business (initial regulatory flexibility analysis)
