CR 18-007 Rule Text

The substantive changes to Wis. Admin. Code ch. PSC 114 are summarized as follows:

The creation of Wis. Admin. Code § PSC 114.114, relating to fire-extinguishing equipment, maintains a rule that was omitted in the NESC-2017 edition. This rule will eliminate confusion about whether fire-extinguishing equipment is required in unmanned stations.

The creation of Wis. Admin. Code § PSC 114.231 adds clarity to NESC Rule 231B1, relating to the “sufficient distance” of poles from curbs. Since 1977, the NESC has required that poles be at least six inches behind the face of the curb. This requirement was omitted in the NESC-2017 edition. This rule maintains this requirement.

The creation of Wis. Admin. Code §§ PSC 114.234 (12) and (13) adds the newly created NESC-2017 Table 234-6 and associated Footnote 3.

E.   Comparison with Existing or Proposed Federal Legislation

The NESC, which is incorporated by reference in Wis. Admin. Code ch. PSC 114, covers provisions for safeguarding of persons from hazards arising from installation, operation, or maintenance of conductors and equipment in electric supply stations, and overhead and underground electric supply and communication lines. The national standard is applicable to systems and equipment owned by utilities.

F.   Comparison with Similar Rules in Surrounding States

This rulemaking adopts certain portions of the latest edition of the NESC. Minnesota automatically adopts each new NESC edition by reference. Michigan does not specifically adopt the NESC, but effectively does so by referencing it as “standards of good practice.” Iowa adopts all but Part 4, and Illinois adopts sections of Part 1 and Parts 2 and 3.

G.   Effect on Small Business

This rule will not affect small businesses. The Wis. Stat. § 227.114(1) definition of “small business” states that to be considered a small business, the business must not be dominant in its field. Since electric utilities are monopolies in their service territories, they are dominant in their fields and are not small businesses.

FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS

A completed Fiscal Estimate and Economic Impact Analysis are included as

Attachment C.

H.   Comments

Comments on this rule may be submitted as outlined in the Notice of Hearing.

I.   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 accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.

J.   Agency Contact People

Questions regarding this matter should be directed to the docket coordinator, Mohammed Monawer, at [phone], or [e-mail]. Small business questions should be directed to Kristy Nieto at [phone]. Media questions should be directed to the Communications Director, Matthew Spencer at [phone].

TEXT OF PROPOSED RULE

SECTION 1. PSC 114.001 (3) is amended to read:

(3) Availability of state electrical code. The commission has adopted the 2012 2017 edition of the National Electrical Safety Code (NESC-2012 NESC-2017) with certain deletions, changes and additions which are found in Volume 1, Wisconsin State Electrical Code. Copies of the NESC may be purchased from the Institute of Electrical and Electronics Engineers, Inc., IEEE Service Center, 445 Hoes Lane, P.O. Box 1331, Piscataway, NJ 08855‑1331 (telephone 1‑800-678-IEEE) or the American National Standards Institute, 1430 Broadway, New York, NY 10018 (telephone [phone]). Copies of the NESC may be ordered online at http://standards.ieee.org/nesc. Copies of Volume 1, Wisconsin State Electrical Code, may be ordered from the Wisconsin Department of Administration, Document Sales, 202 South Thornton Avenue, Madison, WI 53702 (telephone [phone]). Unofficial copies of the rules can be obtained online at http://docs.legis.wi.gov/code/admin_code/psc/114/.

SECTION 2. PSC 114.002 (2) (d) is amended to read:

(d) This chapter does not apply to installations in mines, ships, railway rolling equipment, aircraft or automotive equipment, or utilization wiring except as covered in Parts 1 and 3, NESC-2012 NESC-2017.

SECTION 3. PSC 114.006 (1) and (2) are amended to read:

(1) Adoption of standard. The National Electrical Safety Code-2012 Code-2017 edition (also American National Standards Institute C2-2012 C2-2017 edition) subject to omissions, changes and additions as otherwise shown in this chapter, is hereby incorporated by reference into the Wisconsin State Electrical Code, Volume 1. Interim amendments to the NESC-2012 NESC-2017 will not be effective in this state until such time as this chapter is revised to reflect such changes.

(2) Consent to incorporate nesc-2012 nesc-2017 by reference. Pursuant to s. 227.21, Stats., the attorney general has consented to the incorporation by reference of these standards contained in the NESC-2012 NESC-2017, except for the omissions, changes and additions as shown later in this chapter. Copies of the NESC-2012 NESC-2017 are on file in the offices of the commission and the legislative reference bureau.

SECTION 4. Chapter PSC 114 Subchapter III is amended to read:

Subchapter III – Omissions, Changes or Additions to NESC-2012 NESC-2017

SECTION 5. PSC 114.007 (intro.) and PSC 114.007 Notes are amended to read:

PSC 114.007 Omissions, changes, additions to NESC-2012 NESC-2017. Omissions, changes or additions to the NESC-2012 NESC-2017 are specified in this subchapter and are rules of the commission and not requirements of the NESC-2012 NESC-2017.

Note 1: Each omission, change or addition is found in the same location in this subchapter as the appropriate NESC part, section or subsection where the affected rule is found. Each change or addition has been prefixed by ch. PSC 114. Following the PSC designation is the referenced NESC section or subsection and the page on which it is found in the NESC. Example: PSC 114.096C [NESC 096C, p. 32 34]. The word "Change" following the section number and heading means that the corresponding wording of the NESC-2012 NESC-2017 has been changed and that the new wording is substituted at the appropriate location. The word "Addition" following the section number and heading means that a new requirement is incorporated in the NESC-2012 NESC-2017 and that the new requirement is inserted at the appropriate location.

Note 2: To observe federal directives and recommendations that national standards adopt the metric system for units of measure, the numerical values of the NESC-2012 NESC-2017 are stated in the metric system and in the customary inch-foot-pound system. To conform to this more international convention, this revision of the Wisconsin State Electrical Code, Volume 1 also adopts the same measurement convention. In the text, the metric value is now shown first with the customary inch-foot-pound value (in parentheses) following. In tables, the metric values are also given first and where the entire tables are duplicated, the table of metric values appears first with the table of inch-foot-pound values following.

SECTION 6. PSC 114.010 is amended to read:

PSC 114.010 Omissions. [NESC 010 through 016, pp. 1-6] Introduction to the National Electrical Safety Code (Section 1) (Omission) Rules 010 through 016 of the NESC-2012 NESC-2017 are omitted and not incorporated as part of the Wisconsin State Electrical Code, Volume 1.

SECTION 7. PSC 114.02 (intro.), (1) and (2) are amended to read:

PSC 114.02 Definitions of special terms. [NESC Section 2, p. 7] (Change and Addition).

(1) Administrative authority. [NESC Section 2., p. 7] (Change) Change the definition of "Administrative Authority" to read:

(a) Administrative authority. The authority for the enforcement of this code is vested in the commission with respect to the installation and operation of circuits or equipment by public utilities and railroads in the exercise of their functions as utilities and railroads.

(2) Commission. [NESC Section 2, p. 8] (Addition) Add the following definition:

(a) Commission. Public service commission of Wisconsin.

SECTION 8. PSC 114.092 (title), (1) (intro.) and (2) (intro.) are amended to read:

PSC 114.092 Point of connection of grounding connector conductor.

(1) cable with insulating jacket. [NESC 092B2b(3), p. 23 25] (Change) Change paragraph (3) to read:

(2) Current in grounding conductor. [NESC 092D, p. 24 26] (Change) Change paragraph D to read:

 

SECTION 9. PSC 114.094 is amended to read:

PSC 114.094 Grounding electrodes. [NESC 094B4 p. 29 NESC 094B3 p. 32] (Omission) (1) Rule 094B4 094B3 of the NESC-2012 NESC-2017 is omitted and not incorporated as part of the Wisconsin State Electrical Code, Volume 1.

SECTION 10. PSC 114.096 (intro.) and PSC 114.096 Exception 2 are amended to read:

PSC 114.096 Multi-grounded systems Ground resistance requirements. [NESC 096C, p. 32 34] (Change) Change paragraph C to read:

Exception 2: Where underwater crossings are encountered, the requirements of made electrodes do not apply for the underwater portion if the neutral is of sufficient size and capacity for the duty involved and the requirements of Rule 92B2 092B2 are met.

SECTION 11. PSC 114.097 (intro.), (1) (intro.) and (2) (intro.) are amended to read:

PSC 114.097 Separation of grounding conductors. [NESC 097C, p. 32] (Changes)

(1) Change paragraph paragraph c. [NESC 097C, p. 35] (Changes) Change paragraph C to read:

(2) underground or single-grounded systems and multi-grounded systems. [NESC 097D, p. 35] (Change) Change paragraph D to read: