PSC 137.07(3)(c)3.3. Be evaluated by an independent third party. The commission shall contract with the independent third-party evaluator, unless it determines that it is reasonable to allow the energy utility to contract with the evaluator. In that case the commission shall oversee the contracting process and approve the energy utility’s selection of the independent third-party evaluator. The energy utility shall pay for the evaluation of the program, as determined by the commission, from retained utility revenues that the energy utility would otherwise have expended on statewide energy efficiency programs.

PSC 137.07(3)(c)4.4. Be designed in a manner that prevents the energy utility or any of its affiliates from selling or installing energy efficiency processes, equipment, or appliances.

PSC 137.07(3)(c)5.5. Pass a portfolio level test of net cost-effectiveness, as determined by the commission. The energy utility shall screen for net cost-effectiveness at least once a year.

PSC 137.07(3)(c)6.6. Result in environmental benefits, as identified by the commission, either on site or at the generation level.

PSC 137.07(3)(d)1.1. Assign priority status to implementing programs that reduce growth in electric and natural gas demand and usage, facilitate energy efficiency market development, assist market providers in achieving higher levels of energy efficiency, promote energy reliability and adequacy, avoid adverse environmental impacts from the use of energy, and promote rural economic development.

PSC 137.07(3)(d)2.2. Establish annual and multi-year performance goals that are consistent with the program goals, priorities, and measurable targets established under s. 196.374 (3) (b) 1., Stats. At a minimum, the energy utility shall provide quarterly activity reports and semiannual performance reports to the commission.

PSC 137.07(3)(d)3.3. Using the commission’s database tracking and reporting system, collect and record for each program, by customer class:

PSC 137.07(3)(d)4.4. Provide all information and data the energy utility collects for its utility-administered programs to the commission and the independent third-party evaluator upon request.

PSC 137.07(3)(e)(e) The commission shall consider all of the following when deciding whether to approve a program proposed under par. (a):

PSC 137.07(3)(e)6.6. The level of coordination with statewide programs under s. PSC 137.05, voluntary utility programs under s. PSC 137.08, large energy customer self-directed programs under s. PSC 137.09, and ordered programs and the potential for disrupting the overall ability of energy efficiency efforts in the state to meet the goals, priorities, and measurable targets established under s. 196.374 (3) (b) 1., Stats.

PSC 137.07(4)(4) Approval, denial or modification of requests for utility-administered programs. An energy utility may only administer or fund a program under this section with the commission’s prior approval. The commission shall issue its decision to approve, deny, or modify an energy utility’s proposal to administer or fund a program under this section in writing, within 40 working days after receiving the proposal. If the commission denies or modifies a proposed utility-administered program it shall explain its reasons. The energy utility may revise and resubmit a proposed program that the commission has denied.

PSC 137.07(5)(5) Modifying or discontinuing a utility-administered program or an ordered program.

PSC 137.07(5)(a)(a) An energy utility may request the commission to authorize the modification or discontinuation of a program it administers or funds under this section at any time. No energy utility may modify or discontinue such a program without the commission’s prior approval.

PSC 137.07(5)(b)(b) Requests for discontinuation of an ordered program shall be made as part of a proceeding the commission conducts under 196.374 (3) (b) 1., Stats.

PSC 137.07(6)(6) Return of funds. The commission may require that the energy utility deliver any unspent funds of an energy efficiency program approved under this section to the energy utilities, to fund the statewide programs.

PSC 137.08(1)(1) Definition. In this section, “voluntary program” means an energy efficiency or renewable resource program that an energy utility voluntarily proposes for commission approval under s. 196.374 (2) (b) 2., Stats.