REPORT TO THE LEGISLATURE
A. TEXT OF THE RULE
The text of the proposed rules is set forth in Attachment A1.
B. PLAIN LANGUAGE ANALYSIS
1. Statutory Authority and Explanation of Authority
Section 227.11 authorizes agencies to promulgate administrative rules. Section 196.02 (1) authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.02 (3) grants the commission specific authority to promulgate rules. Section 196.06 (3) allows the commission to prescribe the manner and form in which utilities keep records. Section 196.17 (1) requires the commission to provide for meter testing. Statutes Interpreted
Related Statutes or Rules
PSC ss. 113.0922, 113.0923, 134.31, 185.77, and 185.78 deal with customer-requested and commission-refereed tests. This rulemaking deals with how long to retain meters after such tests, and after customer complaints are filed, so that the meters are available should further tests be requested. PSC ss. 113.0614, 134.20, and 185.19 deal with the retention of records. 2. Brief Summary of Proposed Rules
This rule establishes retention periods for meter test records. It also ensures that meters remain available for a reasonable period of time for subsequent testing, if necessary, to resolve a customer dispute. Further, it ensures that utility-tested and referee-tested meters are retained long enough that they are available should further testing or review be needed.
3. Comparison with Existing or Proposed Federal Regulations
49 CFR 192 contains some records retention regulations for gas pipeline operators. 18 CFR 225 contains some gas records retention requirements. 18 CFR 125.3 contains some electric records retention regulations. They do not address the issue of meter retention. 4. Comparison with Similar Rules in Adjacent States
This rulemaking was opened after the commission dealt with a number of situations in which a customer had requested an accuracy test of a meter, but then the meter was thrown away before a second, commission-refereed test could be requested and performed. The approach is to require that a meter be retained for a period of time after a test to ensure that it is available for a follow-up test, should one be requested. This rulemaking involves three types of utility service: gas, electric and water.
Although surrounding states anecdotally report at least some of the same problems experienced by this commission, none of them have rules that specify time periods for which meters must be retained. However, Iowa does advise utilities to keep meters until the time for an appeal has passed, especially if a referee test is performed. Further, when the Iowa Utilities Board issues orders granting waivers from meter testing requirements, it requires the utility to hold the meters for 120 days before disposing of them.
Retention periods for meter testing records vary among surrounding states, although the general format is the same. Records from an individual meter test must be retained for a period of time after the results are recorded in a history record that contains a wide variety of information about a particular meter, including all of the test results for that meter. That history record is retained for a longer period of time. The proposed rule requires utilities to retain an individual test record until it is recorded in the meter history record. The meter history record must be kept for the life of the meter, plus six years. Six years was chosen because it is the general statute of limitations for consumer issues. This retention period will help ensure that appropriate records remain available should an issue arise during that time.
Minnesota, Iowa, and Illinois require that initial test records be kept for at least three years, while Michigan requires that they be kept for at least two years. In Minnesota, such records must be kept longer if necessary to permit compliance with commission rules. In Michigan, they must be kept longer if necessary to comply with rules regarding refunds on fast meters. In Illinois, meter history records need only be kept for three years. In Michigan and Minnesota, they must be kept for the life of the meter.
5. Summary of Factual Data and Analytical Methodologies Used
The commission relied on its own experiences with metering disputes, the experiences of its consumer protection division, communication with other states and data provided by the industry.
6. Effect on Small Business
The s. 227.114(1), Stats., definition of “small business” states that to be considered a small business, the business must not be dominant in its field. Since they are monopolies in their service territories, gas, electric, and water utilities are dominant in their fields, and so, are not small businesses. 7. Agency Contacts
Questions regarding this matter should be directed to docket coordinator Joyce Dingman at (608) 267-6919 or joyce.dingman@wisconsin.gov. Small business questions may be directed to Christine Swailes at (608) 266-8776, or via e-mail at Christine.swailes@wisconsin.gov. Media questions should be directed to Nathan Conrad, Communications Director, at (608) 267-9600. Hearing- or speech-impaired individuals may also use the commission’s TTY number. If calling from Wisconsin, use (800) 251-8345; if calling from outside Wisconsin, use (608) 267-1479. 8. Accommodation
The commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs to receive this document in a different format should contact the docket coordinator, as indicated in the following paragraph, as soon as possible.
C. FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
The Fiscal Estimate and Economic Impact Analysis for this rulemaking is included in Attachment A4.
D. BASIS AND PURPOSE OF RULES
This rule establishes retention periods for meter test records. It also ensures that meters remain available for a reasonable period of time for subsequent testing, if necessary, to resolve a customer dispute or metering issue. Further, it ensures that utility-tested and referee-tested meters are retained long enough that they are available should further testing or review be needed.
E. SUMMARY OF PUBLIC COMMENTS AND COMMISSION RESPONSES
The summary of public comments and commission responses for this rulemaking is included in Attachment A2.
F. Appearances at Public Hearing
William Skewes for the Wisconsin Utilities Association appeared at the public hearing but did not testify. The following filed written comments:
William Skewes, Executive Director, Wisconsin Utilities Association
James A. Schubilske, Vice President, State Regulatory Affairs, Wisconsin Electric Power Company
Nicolas E. Kumm, Electric, Communications, & Gas Manager, Marshfield Utilities
Daniel Duchniak,Waukesha Water Utility
Julie Bohen, Watertown
Kelly Zylstra, Waukesha
Valerie Kraemer, Oconomowoc
Earl Smith, Milwaukee Water Works
Sen. Paul Farrow, Chair Senate Committee on Government Operations, Public Works and Telecommunications
Municipal Environmental Group - Water Division (MEG)
Filing in support of MEG comments:
Lori Sweet, Waukesha Water Utility Chris Hardy, Administrator, Winneconne Lake Como Sanitary District David Botts, Janesville
Scott Osborne, Oconomowoc Jerry Weisnicht, Administrator, Shawano Lake Sanitary Dist.
Keith Haas, Racine Steve Berndt, Public Works, Bonduel
Mark Simon, Brookfield Amy Barrilleaux, Madison Water Utility Deb Geier, Wausau Water Works Wally Thorn, Rice Lake Utilities
Frank Miller, Cudahy Water Utility Dan Knapp, Dir. Pub. Works, Chetek
Travis Coenen, Super. Public Works, Wrightstown Raymond Hyde, Pub. Works, Dir., Ashland Chris Stempa, Dept of Utils, Appleton Donna Scholl, Oconomowoc
Randy Kerkman, Bristol Edward St. Peter, Kenosha Water Util.
Keith Mueller, Comptroller, Green Bay Water Utility Daniel Duchniak, Franklin
G. ANY CHANGES TO THE FISCAL ESTIMATE OR THE ANALYSIS UNDER s. 227.14 (2), STATS.
None.
H. RESPONSE TO LEGISLATIVE COUNCIL COMMENTS
A copy of the report from the Legislative Council is included as Attachment A3.
2. Form, Style and Placement in Administrative Code
