Chapter PSC 111

PSC 111.53(2)(b) (b) Based on the pre-application consultation required under s. PSC 111.51 (2) (b), an application for a generation facility may include the detailed information listed under sub. (1) (f) for only one site if none of the needed infrastructure improvements would constitute a major action significantly affecting the quality of the human environment under s. 1.11 (2) (c), Stats., and the application is for any of the following:

PSC 111.53(2)(b)1. 1. Construction of a cogeneration facility located at the steam host’s existing industrial plant, if the cogeneration facility will be a qualifying facility under 18 CFR 292.205.

PSC 111.53(2)(b)2. 2. Modifying, rebuilding, replacing or repowering, as defined under s. 79.005 (4), Stats., an existing generating facility at its current location.

PSC 111.53(2)(b)3. 3. Construction of a generating facility proposed to be located on an existing brownfield site, as defined in s. 16.287 (1) (a), Stats., and interpreted by the commission, or on the site of a former or existing large electric generating facility.

PSC 111.53 Note Note: See sub. (1) (e) concerning information that must be included about both the site in sub. (2) (b) and any alternatives.

PSC 111.53 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 07-044: am. (1) (e) and (f) (intro.), cr (1) (em), (2) (b) 1. and 3., renum. (2) (b) 1. to be (2) (b) (intro.) and am., r. and recr. (2) (b) 2. Register May 2008 No. 629, eff. 6-1-08; correction to (1) (em), (2) (b) 3. made under s. 13.92 (4) (b) 7., Stat., Register January 2012 No. 673.

PSC 111.55 PSC 111.55 CPCN applications for high-voltage transmission lines. A CPCN application for a high-voltage transmission line is not complete until the applicant has filed all of the following information with the commission:

PSC 111.55(1) (1) Need. The need for the proposed project, including all planning criteria, assumptions, historical outage data, stability, and power-flow studies that address need.

PSC 111.55(2) (2) Design. The physical design characteristics, including structure type, design span length, conductor size and type, foundation type, operating voltage, and feasibility of future increases in operating voltage.

PSC 111.55(3) (3) Basis for design selection. The basis for selection of physical design characteristics.

PSC 111.55(4) (4) EMF levels. The estimated magnetic field levels.

PSC 111.55(5) (5) Substation design. The substation design or modifications to existing substations.

PSC 111.55(6) (6) Owners and investors. The names and addresses of owners and investors, and percent of ownership.

PSC 111.55(7) (7) Construction schedule and approvals. The construction schedule and required regulatory approvals.

PSC 111.55(8) (8) Additional information. Any additional information the commission may request, including information necessary for it to make the determinations listed in s. 196.491 (3) (d), Stats., or to prepare an environmental assessment or environmental impact statement under s. 1.11, Stats.

PSC 111.55(9) (9) Tariff filings. Whether an open-access tariff has been filed with the FERC.

PSC 111.55(10) (10) Proposed routes. Except as otherwise submitted under this section, proposed routes and the pertinent factors considered in choosing them, including engineering, economic, safety, reliability and environmental considerations. All of the following information shall be filed for each of the proposed routes:

PSC 111.55(10)(a) (a) Estimated construction cost and assumptions.

PSC 111.55(10)(b) (b) Geology.

PSC 111.55(10)(c) (c) Topography.

PSC 111.55(10)(d) (d) General soil associations.

PSC 111.55(10)(e) (e) Water resources, including wetlands, lakes, rivers, and streams.

PSC 111.55(10)(f) (f) Vegetative cover, including wildlife habitat.

PSC 111.55(10)(g) (g) Endangered, threatened, and special concern species and communities.

PSC 111.55(10)(h) (h) Existing and proposed land uses along the routes.

PSC 111.55(10)(i) (i) Land in public ownership.

PSC 111.55(10)(j) (j) Areas of residential concentration.

PSC 111.55(10)(k) (k) Active mines and quarries.

PSC 111.55(10)(L) (L) Communication towers, VHF omnidirectional range plus tactical air navigation (VORTAC) stations, and airports.

PSC 111.55(10)(m) (m) Wild rivers, scenic rivers, and scenic roads.

PSC 111.55(10)(n) (n) Historical and archeological sites.

PSC 111.55(10)(o) (o) Designated natural areas.

PSC 111.55(10)(p) (p) Opportunities for corridor sharing.

PSC 111.55(10)(q) (q) Information demonstrating how the transmission line siting priorities in s. 1.12 (6), Stats., were considered.

PSC 111.55 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 07-044: am. (10) (intro.), cr. (10) (q) Register May 2008 No. 629, eff. 6-1-08.

PSC 111.56 PSC 111.56 Expedited review. An applicant requesting expedited review of a high voltage transmission line application under s. 196.491 (3b), Stats., shall include all of the following in its application:

PSC 111.56(1) (1) All the information required under s. PSC 111.55, except that the detailed information required under s. PSC 111.55 (10) is required only for the route the applicant proposes to construct.

PSC 111.56(2) (2) Information and documentation describing in detail why the application should receive expedited review.

PSC 111.56 History History: CR 07-044: cr. Register May 2008 No. 629, eff. 6-1-08.

subch. VII of ch. PSC 111 Subchapter VII — Fixed Financial Parameter Applications

PSC 111.61 PSC 111.61 Purpose. The purpose of this subchapter is to implement s. 196.371, Stats.

PSC 111.61 History History: CR 05-079: cr. Register May 2006 No. 605, eff. 6-1-06.

PSC 111.62 PSC 111.62 Applicability.

PSC 111.62(1) (1) A public utility may apply for an order fixing financial parameters under s. 196.371, Stats.

PSC 111.62(2) (2) An electric generating facility proposed to be constructed by a public utility cannot qualify for fixed financial parameters unless the public utility submits an application for fixed financial parameters before or simultaneously with the application for a certificate, as defined in s. 196.371 (1), Stats.

PSC 111.62(3) (3) An electric generating facility proposed to be purchased by a public utility cannot qualify for fixed financial parameters unless the public utility submits an application for fixed financial parameters before or simultaneously with the application for authority to purchase the electric generating facility.

PSC 111.62 History History: CR 05-079: cr. Register May 2006 No. 605, eff. 6-1-06.

PSC 111.63 PSC 111.63 Information required. A public utility desiring fixed financial parameters shall provide all of the following information in its application:

PSC 111.63(1) (1) The economic useful life of the facility, including technology type and commercial operation date.

PSC 111.63(2) (2) The proposed return on equity and rate of return for the facility, including supporting materials such as relevant studies or testimony.

PSC 111.63(3) (3) The proposed capital structure and financing mechanism for the facility.

PSC 111.63(4) (4) The capital cost of the facility. For a purchased facility, the capital costs shall include the purchase price and the cost of any modifications or improvements to the facility that are necessary at time of the purchase.

PSC 111.63(5) (5) The proposed method for determining the costs that may be recovered in rates.

PSC 111.63(6) (6) Any other proposals or information regarding the recovery of the costs that the public utility determines are necessary for providing certainty to the public utility, investors and ratepayers in future rate-making proceedings.

PSC 111.63(7) (7) The cost of debt plus issuance costs, and related credit ratings for any short-term or long-term project financing which may already have occurred.

PSC 111.63(8) (8) Any other information that may be required by the commission.

PSC 111.63 History History: CR 05-079: cr. Register May 2006 No. 605, eff. 6-1-06.

PSC 111.64 PSC 111.64 Procedure. The hearing on an application for fixed financial parameters shall be held in conjunction with the review of the application for a certificate, as defined in s. 196.371 (1), Stats., and, if applicable, in conjunction with any affiliated interest approval.

PSC 111.64 History History: CR 05-079: cr. Register May 2006 No. 605, eff. 6-1-06.

PSC 111.65 PSC 111.65 Order. The commission may issue an order authorizing fixed financial parameters if the commission determines that the order will provide a sufficient degree of certainty to the public utility, investors, and ratepayers with respect to future recovery of the facility’s capital costs and that the order is otherwise in the public interest. In making the determination, the commission shall consider the return on equity, rate of return and capital structure appropriate to maintain the financial integrity of the public utility and shall consider the total cost of the proposed financing mechanism, compared to alternative financing options.

PSC 111.65 History History: CR 05-079: cr. Register May 2006 No. 605, eff. 6-1-06.

subch. VIII of ch. PSC 111 Subchapter VIII — Pre-Construction Notices

PSC 111.71 PSC 111.71 Notification of additional work areas. After the commission has issued a CPCN under s. 196.491, Stats., the applicant shall, before establishing any lay down area, staging area or access route that was not identified and described in the project application, notify the commission of the location of the lay down area, staging area or access route, and demonstrate that the use of the lay down area, staging area or access route will not affect any threatened or endangered species, historic resources, wetlands, waterways or other sensitive resources.

PSC 111.71 History History: CR 07-044: cr. Register May 2008 No. 629, eff. 6-1-08.