CR 18-007 Rule Text

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.

4.

Comparison with Similar Rules in Adjacent 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.

5.

Summary of Factual Data and Analytical Methodologies Used

Wisconsin Admin. Code ch. PSC 114 has been, and is, based on the NESC. The NESC is revised and updated every five years requiring subsequent periodic revision of WSEC, Volume 1, to adopt the latest national standard.

The 2017 edition of the NESC was issued in August 2016. A corresponding revision of Wis. Admin. Code ch. PSC 114 is necessary to implement the latest edition of the national code and make any other necessary changes to update and improve the code. A technical advisory committee was appointed and met to recommend and discuss the rule changes. Commission staff and members of the technical advisory recommended changes to Wis. Admin. Code ch.

PSC 114.

6.

Effect on Small Business

      This rule will not affect small business. 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. This rule affects electric utilities. Electric utilities are monopolies in their service territories. This makes an electric utility dominant in its field, and therefore not small business.

7.

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 Sweeney at [phone].

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 as Attachment A3.

D.

BASIS AND PURPOSE OF RULES

Volume 1 of the WSEC, codified in Wis. Admin. Code ch. PSC 114, is administered by the Commission. It deals with safety requirements for the installation, operation, and maintenance of primarily outdoor electric supply and communications lines and facilities used by utilities, including electric and telecommunications suppliers, railroads, and cable television providers.

Wisconsin Admin. Code ch. PSC 114 has been, and is, based on the National Electrical Safety Code (NESC). The NESC is revised and updated every five years requiring subsequent periodic revision of WSEC, Volume 1, to adopt the latest national standard. In 1979, 1982,

1985, 1988, 1991, 1994, 1997, 2003, 2008, and 2014, the Commission adopted the 1977, 1981, 1984, 1987, 1990, 1993, 1997, 2002, 2007, and 2012 editions of the NESC, respectively, with certain changes, deletions, and additions which apply in Wisconsin only and are contained in Wis. Admin. Code ch. PSC 114.

The 2017 edition of the NESC was issued in August 2016. A corresponding revision of Wis. Admin. Code ch. PSC 114 is necessary to implement the latest edition of the national code and make any other necessary changes to update and improve the code.

E.

SUMMARY OF PUBLIC COMMENTS AND COMMISSION RESPONSES

The Commission received one public comment in this docket.

On behalf of the Wisconsin Utilities Association, Paul Deloria (Wisconsin Public Service Corporation) informed the Commission of an incorrect reference to the current NESC in Wis.

Admin. Code § PSC 114.253(2).

The Commission has rewritten Wis. Admin. Code § PSC 114.253 to incorporate the correct reference to the current NESC.

F.

APPEARANCES AT PUBLIC HEARING

None.

G.

ANY CHANGES TO THE FISCAL ESTIMATE OR THE ANALYSIS UNDER

WIS. STAT. § 227.14(2).

There are no changes to the fiscal estimate or analysis; however, the contact name and phone number has been updated.

H.

RESPONSE TO LEGISLATIVE COUNCIL COMMENTS

A copy of the Legislative Council report is included as Attachment A2. Response to those comments follow:

2. Form, Style and Placement in Administrative Code

a. Disagree. The Commission finds it appropriate to repeal and recreate these three sections as each contained extensive changes. Additionally, reusing existing section numbers is appropriate as these section numbers correspond to relevant sections of the NESC. In previous rulemakings that adopted the NESC, the Commission repealed and recreated the entire Wis. Admin. Code ch. PSC 114. Here, the Commission chose to only repeal and recreate three sections where it made sense to do so.

b. Agree. Change made.

c. Agree. Change made.

I. MISCELLANEOUS DETERMINATIONS

      The Commission’s Wisconsin Environmental Policy Act coordinator examined whether the rules will have an environmental impact and concluded that they will not. Commission staff considered whether the rules will impact housing under s. 227.115, Stats., and concluded that they will not.

Docket 1-AC-250                 Attachment A1

TEXT OF FINAL 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 S. 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, NESC2012 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: