PSC 133.03 History
History: Cr.
Register, February, 1959, No. 38, eff. 3-1-59; renum. (1) (g) to (i) to be (h) to (j) and am. (1) (h) and (i), cr. (1) (g),
Register, December, 1984, No. 348, eff. 1-1-85;
CR 07-020: cr. (2) (b) and (3), r. and recr. (1) and (2) (intro.), am. (1) (a), r. (1) (b), (e), (g) and (i), renum. (1) (c), (d), (f), (h) and (j) to be (1) (b), (c), (d), (e) and (f) and am., renum. (2) (a) and (d) to be (2) (a) 1. and 2. and am.
Register October 2007 No. 622, eff. 11-1-07;
CR14-053: renum. (1) (e) to (1) (e) 1. and am. (intro.), cr. (1) (e) 2., 3.
Register April 2015 No. 712, eff. 5-1-15;
CR 15-003: am. (1) (intro.), (2) (b), (3) (a) (intro.), (b)
Register September 2015 No. 717, eff. 10-1-15;
correction in (1) (e) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.
PSC 133.04
PSC 133.04
Information to be included in an application. An application for a certificate of authority shall include all of the following, as applicable:
PSC 133.04(1)
(1) Plan. A description or plan of the project including:
PSC 133.04(1)(d)
(d) Detailed maps clearly showing the location of the proposed or existing route with the pipe sizes, valve locations, and any proposed or existing regulation facilities and associated equipment or apparatus.
PSC 133.04(2)
(2) Financing. The estimated cost and proposed method of financing, including an economic analysis of the proposed project.
PSC 133.04(3)
(3) Purpose. The purpose and necessity of the project with supporting data, including an analysis of the alternatives found in s.
1.12 (4), Stats.
PSC 133.04(4)
(4) Effect. The effect of the project on cost of operation and on quality, reliability, and quantity of service.
PSC 133.04(5)
(5) Existing plant. A description and the value of any plant being replaced or retired as a result of the proposed project.
PSC 133.04(6)
(6) Alternatives. A description of alternatives considered, including alternate routes and any alternative solutions, the associated costs for each alternative, and an explanation of the reasons for selecting the proposed project over the alternatives.
PSC 133.04(7)
(7) Consistency. An explanation of how the project is consistent with future overall projects.
PSC 133.04(8)
(8) Other affected facility owners. Identification of, and mailing addresses for, any person with transmission facilities, as defined in s.
182.0175 (1) (c), Stats., affected by the project and a statement as to which, if any, have been notified of the project by the applicant.
PSC 133.04(9)(a)(a) Except as provided in
par. (b), names and mailing addresses of any landowners from which the applicant would need to acquire property or easements for the project, and a statement as to which, if any, have been notified of the project by the applicant.
PSC 133.04(9)(b)
(b) Permissions to occupy public road rights-of-way or to install individual customer services do not need to be provided under
par. (a).
PSC 133.04(10)
(10) Government authorizations. A list of authorizations required of other governmental authorities and a statement indicating whether the authorizations have been applied for or obtained.
PSC 133.04(11)(a)(a) For gas pipeline projects limited to construction within road rights-of-way, environmental information, including all of the following:
PSC 133.04(11)(a)1.
1. A map or drawing of the affected part of the existing gas system showing the location of the proposed sites or routes and any alternative sites or routes considered.
PSC 133.04(11)(a)2.
2. The identification of any flood-sensitive facilities that would be located in designated flood plains or flood-prone areas.
PSC 133.04(11)(a)3.
3. The identification and description of each surface water crossing, including all of the following:
PSC 133.04(11)(a)3.d.
d. Whether the waterway is defined as outstanding resource water or exceptional resource water by the department.
PSC 133.04(11)(a)4.
4. The identification and description of each wetland crossing, including all of the following:
PSC 133.04(11)(a)4.g.
g. Whether any of the wetland is in or adjacent to an area of special natural resource interest as defined by the department.
PSC 133.04(11)(a)5.
5. An evaluation of whether any endangered, threatened or special concern species are located along the project route and what affect the project could have on those species. For each species identified, describe how the proposed project may be modified to reduce or eliminate any potential effect on the species.
PSC 133.04(11)(a)6.
6. An evaluation of whether any known archeological or historical resources would be affected. For each resource identified, describe how the proposed project may be modified to reduce or eliminate any potential effect on the resource.
PSC 133.04(11)(b)
(b) For gas line projects that involve construction outside the limits of road rights-of-way or require coordinated commission and department review under s.
30.025, Stats., the commission may require additional environmental information on a case-by-case basis after consultation with the utility.
PSC 133.04(12)
(12) Efficiency or conservation. For projects involving new or modified buildings, information on energy efficiency or conservation features, including all of the following:
PSC 133.04(12)(a)
(a) The type and R–value of insulating material used for walls, ceilings, roofs, doors, and windows.
PSC 133.04(12)(b)
(b) The type of heating and cooling system selected and the system's energy efficiency rating.
PSC 133.04(13)
(13) Other necessary information. Any other information necessary to understand the project.
PSC 133.04(14)
(14) Commission requested information. Any other information requested by the commission.
PSC 133.04 History
History: Cr.
Register, February, 1959, No. 38, eff. 3-1-59:
CR 07-020: am. (intro.), (1) (intro.), (2) to (5), cr. (1) (a) to (d), (6), (9), (11), (12) and (14), renum. (6), (7), (8) and (9) to be (7), (8), (10) and (13) and am.
Register October 2007, No. 622, eff. 11-1-07.
PSC 133.05
PSC 133.05
Pre-application consultation. For any gas public utility project that requires a certificate of authority and is required to follow the department permit procedure for utility facilities under s.
30.025, Stats., the utility shall consult with the commission and department during development of the applications to discuss project scope, alternatives, routes or locations, and information required for the applications.
PSC 133.05 History
History: Cr.
Register, February, 1959, No. 38, eff. 3-1-59; correction in (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register April 2007 No. 616;
CR 07-020: r. and recr.
Register October 2007 No. 622, eff. 11-1-07.
PSC 133.06(1)
(1)
Hearing requirements. The commission is not required to hold a hearing on a gas public utility application for a certificate of authority unless any of the following apply:
PSC 133.06(1)(a)
(a) The application proposes a change in the type of gas or proposes the construction, installation, or the placing in operation of plant that contemplate a change in the type of gas.
PSC 133.06(1)(c)
(c) The proposed project requires the preparation of an environmental impact statement under s.
1.11, Stats.
PSC 133.06(2)
(2) Commission authority. The commission may grant or deny an application in whole or in part, subject to any modification or condition the general public interest or public convenience and necessity may require.
PSC 133.06 History
History: Cr.
Register, February, 1959, No. 38, eff. 3-1-59; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register April 2007 No. 616;
CR 07-020: r. and recr.
Register October 2007 No. 622, eff. 11-1-07.
PSC 133.07(1)(a)
(a) “General territorial agreement" means any territorial agreement other than a limited territorial agreement.
PSC 133.07(1m)(a)(a) A gas public utility may enter into a general or limited territorial agreement with another gas public utility. A gas public utility that enters into a general territorial agreement shall file the territorial agreement with the commission for review and approval. A gas public utility that enters into a limited territorial agreement shall file the territorial agreement with the commission but does not need to receive commission approval.
PSC 133.07(1m)(b)
(b) A general territorial agreement does not grant a gas public utility authority to serve in a municipality.
PSC 133.07(1m)(c)
(c) A gas public utility which seeks approval of a general territorial agreement shall include in its filing all of the following:
PSC 133.07(1m)(c)1.
1. Identification of any commission action or docket that granted a gas public utility authority for providing service in the municipality affected by the agreement.
PSC 133.07(1m)(c)2.
2. A detailed map and the legal description of the area covered by the territorial agreement.
PSC 133.07(1m)(c)3.
3. An evaluation demonstrating how the territorial agreement will avoid controversy over the area to be served by each utility, avoid duplication of facilities, and provide more efficient service.
PSC 133.07(1m)(d)
(d) A gas public utility shall file a signed limited territorial agreement with the commission. The utility shall include all of the following in its filing:
PSC 133.07(1m)(d)1.
1. Identification of the commission action or docket that granted a gas public utility authority for providing service in the municipality affected by the agreement.
PSC 133.07(1m)(d)2.
2. A detailed map and the legal description of the area covered by the limited territorial agreement, including a showing that the area to be served by the additional gas public utility is adjacent to a municipality that the additional gas public utility is already authorized to serve.
PSC 133.07(1m)(d)3.
3. Identification of the number of additional customers to which the additional gas public utility will provide service.
PSC 133.07(1m)(d)4.
4. A statement that none of the additional customers to be served are located more than
½ mile from an existing service territory boundary between the original and the additional gas public utilities.
PSC 133.07(1m)(d)5.
5. An evaluation demonstrating the reasons for the territorial agreement, such as avoiding controversy over the area to be served by each gas public utility, avoiding duplication of facilities, or providing more efficient service.
PSC 133.07(1m)(d)6.
6. Proof that the municipality involved has authorized the additional gas public utility's provision of service in the municipality, if such authorization is required.
PSC 133.07(2)
(2) Authority to serve under a general territorial agreement. PSC 133.07(2)(a)1.1. When one gas public utility is authorized by the commission to provide gas service in a municipality, and that utility has entered into a general territorial agreement with another gas public utility that does not have commission authorization to serve in the municipality, the additional utility shall apply for and receive from the commission a certificate under ss.
196.49 and
196.50, Stats., before it can provide gas utility service in the municipality.
PSC 133.07(2)(a)2.
2. If the service area sought by one of the utilities covered by the general territorial agreement requires commission approval under this paragraph, that utility's filing for a certificate of authority shall include an evaluation demonstrating why provision of service by an additional utility in the municipality is needed.
PSC 133.07(2)(a)3.
3. If a certificate of authority is granted, the certificate will specify the portions of the municipality in which the additional utility is authorized to serve. Any subsequent amendments to the general territorial agreement between the utilities will be considered under
par. (b).
PSC 133.07(2)(b)
(b) When 2 or more gas public utilities are authorized by the commission to provide gas service in a municipality, and the service area boundaries of the utilities are identified in a general territorial agreement, the authorized service areas may be modified without the need for the commission to issue amended or additional certificates of authority if the commission approves an amended general territorial agreement to which all affected gas public utilities are signatories. Commission approval of an amended general territorial agreement constitutes amended authorizations.
PSC 133.07(2)(c)
(c) When more than 2 gas public utilities are authorized by the commission to provide gas service in a municipality, and the service area boundaries of some, but not all, of the utilities are identified in a general territorial agreement, the authorized service areas may be modified without the need for the commission to issue amended or additional certificates of authority if the commission approves an amended general territorial agreement after giving opportunity for the gas public utility not covered by the amended boundary agreement to object. If an objection is received, the commission may proceed with approving the amended general territorial agreement or may require the agreement signatories to apply for amended certificates of authority. Commission approval of an amended general territorial agreement constitutes amended authorizations.
PSC 133.07(2m)
(2m) Authority to serve under a limited territorial agreement. PSC 133.07(2m)(a)(a) A gas public utility may provide service in a municipality served by another gas public utility without first obtaining a certificate from the commission to serve that municipality if all of the following apply:
PSC 133.07(2m)(a)1.
1. The gas public utilities enter into a limited territorial agreement regarding areas to be served by each utility in the municipality.
PSC 133.07(2m)(a)2.
2. The area to be served by the additional gas utility is adjacent to a municipality where the additional gas public utility is already authorized to serve.
PSC 133.07(2m)(a)3.
3. The additional gas public utility will provide service to 5 or fewer additional customers in the municipality.
PSC 133.07(2m)(a)4.
4. None of the additional customers to be served are located more than
½ mile from an existing service territory boundary between the original and the additional gas public utility.
PSC 133.07(2m)(b)
(b) A gas public utility may not amend a limited territorial agreement. To expand the territory covered by a limited territorial agreement the utilities shall do one of the following:
PSC 133.07(2m)(b)1.
1. If the additional territory meets the requirements of
par. (a), then enter into a new limited territorial agreement covering the additional territory and file it under
sub. (1m) (d).
