Chapter PSC 133

PSC 133.01(1) (1) Purpose and scope.

PSC 133.01(1)(a) (a) This chapter implements s. 196.49, Stats.

PSC 133.01(1)(b) (b) This chapter applies to all gas public utilities.

PSC 133.01(1)(c) (c) Nothing in this chapter precludes the commission from giving individual consideration to exceptional or unusual situations or, upon investigation of the facts and circumstances involved, adopting requirements as to an individual gas public utility or service which may be lesser, greater, other than, or different from those provided in this chapter.

PSC 133.01(2) (2) Emergency action. In case of emergency, where public interest requires immediate action without waiting for compliance with the specific terms of this chapter, immediate corrective action may be taken by a gas public utility. This action shall be subject to review by the commission.

PSC 133.01(3) (3) Enforcement. This chapter shall be enforced in the manner prescribed in ss. 196.49 (6) and 196.66, Stats., and by other means as provided in statutory sections administered by the commission.

PSC 133.01 History History: Cr. Register, February, 1959, No. 38, eff. 3-1-59; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1997, No. 501; CR 06-046: r. (1) Register April 2007 No. 616, eff. 5-1-07; CR 07-020: r. (2) to (4), cr. (1) and (3), renum. (5) to be (2) and am. Register October 2007, No. 622, eff. 11-1-07.

PSC 133.02 PSC 133.02 Definitions. In this chapter:

PSC 133.02(1) (1) “Annexation” means the transfer of territory from one municipality to another by any means authorized by law, including annexations, detachments, attachments, and boundary agreements.

PSC 133.02(2) (2) “Certificate of authority” means a certificate issued by the commission under s. 196.49, Stats.

PSC 133.02(3) (3) “Commission” means the public service commission.

PSC 133.02(4) (4) “Department” means the department of natural resources.

PSC 133.02(5) (5) “Gas” means any gas or mixtures of gases suitable for domestic or industrial fuel that is transmitted or distributed to the public through a gas pipeline system, including natural gas, manufactured gas, and liquefied petroleum gas distributed as a vapor with or without mixture of air.

PSC 133.02(6) (6) “Gas pipeline” means any conduit for the conveyance of gas.

PSC 133.02(7) (7) “Highway” has the meaning given in s. 990.01 (12), Stats.

PSC 133.02(8) (8) “Master meter system” means a gas pipeline system for distributing gas within, but not limited to, a definable area, such as a mobile home park, housing project, or apartment complex, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system that supplies the ultimate consumer who either purchases the gas directly through a meter or by other means such as rents.

PSC 133.02(9) (9) “Mixing unit” means any apparatus designed to mix gas with air or other gas.

PSC 133.02(10) (10) “Municipality” means any town, village or city.

PSC 133.02(11) (11) “Plant” means all equipment, property, or facilities includible in the utility plant accounts under the uniform system of accounts prescribed by the commission for gas public utilities.

PSC 133.02(12) (12) “Principal gas manufacturing unit” means any plant that is capable of generating or manufacturing gas with or without connection to any auxiliary apparatus.

PSC 133.02(13) (13) “Public utility” has the meaning given in s. 196.01 (5), Stats.

PSC 133.02(14) (14) “Territorial agreement” means an agreement between 2 or more gas public utilities designating gas service areas within a municipality for each of the signatory utilities.

PSC 133.02 History History: Cr. Register, February, 1959, No. 38, eff. 3-1-59; CR 07-020: cr. (intro.), (1), (2), (3), (4), (5), (7), (8) and (14), renum. (1), (2), (3), (4) and (5) to be (6), (9), (10), (11) and (12) and am. Register October 2007 No. 622, eff. 11-1-07.

PSC 133.03 PSC 133.03 When commission authorization or notification is required.

PSC 133.03(1) (1) Construction, installation, or use. Except as provided in s. PSC 133.07 (2m), a gas public utility shall obtain a certificate of authority before constructing, installing, or placing in operation any of the following:

PSC 133.03(1)(a) (a) Plant for furnishing service in a municipality in which the utility has not been authorized to serve by the commission.

PSC 133.03(1)(b) (b) A production, mixing, standby, peak shaving, or storage plant or a principal gas manufacturing or mixing unit or any equipment designed to materially change the rated or nominal output characteristics of such a plant or unit.

PSC 133.03(1)(c) (c) Plant installed for use as intrastate pipeline facilities to deliver gas to another gas public utility, an interstate or intrastate gas pipeline company, or a cooperative association.

PSC 133.03(1)(d) (d) A new or altered existing plant for the purpose of bringing in a new type of gas or to supply a different type of gas to the public, as described in s. 196.49 (5) (a), Stats.

PSC 133.03(1)(e) (e)

PSC 133.03(1)(e)1. 1. A single gas pipeline project and associated plant, or any plant or addition to plant the cost of which exceeds the cost threshold specified in s. 196.49 (5g) (ar), Stats., as revised under subd. 2., except for any of the following:

PSC 133.03(1)(e)1.a. a. Plant installed in accordance with filed extension rules and rates.

PSC 133.03(1)(e)1.b. b. Plant installed in compliance with commission orders.

PSC 133.03(1)(e)1.c. c. Gas pipelines and associated plant ordered to be relocated or modified to accommodate highway or airport construction.

PSC 133.03(1)(e)2. 2. Beginning on May 1, 2014, and on May 1 of each successive even-numbered year thereafter, the commission shall adjust the cost thresholds in s. 196.49 (5g) (ar), Stats., to reflect changes to the cost of gas utility construction based on the applicable industry cost index numbers published in the “Handy-Whitman Index of Public Utility Construction Costs.”

PSC 133.03(1)(e)3. 3. The commission shall notify all gas utilities of the resulting adjusted cost limits by May 15 of each even-numbered year and shall publicize the adjusted cost limits on the commission’s website. If the Handy-Whitman Index is no longer available, an equivalent successor index may be used which is generally recognized by the gas industry and acceptable to the commission.

PSC 133.03 Note Note: The commission maintains or has access to the Handy-Whitman Index of Public Utility Construction Costs and this reference or a copy may be reviewed by contacting the commission’s offices.

PSC 133.03(1)(f) (f) A gas pipeline or plant in a newly created municipality or newly annexed or consolidated area, unless the utility already owns service facilities in the area and the exclusive right to serve a specified part or area has been established.

PSC 133.03(2) (2) Change in gas. Except as provided in par. (b), a gas public utility shall obtain a certificate of authority before doing any of the following:

PSC 133.03(2)(a) (a)

PSC 133.03(2)(a)1. 1. Substituting one kind of gas for another, as described in s. 196.49 (5) (a), Stats.

PSC 133.03(2)(a)2. 2. Changing the heating value or specific gravity of the gas normally supplied to customers in excess of variation permitted in s. PSC 134.21.

PSC 133.03(2)(b) (b) Paragraph (a) does not apply when a gas public utility uses cylinders of gas in order to keep customers in service temporarily during repairs, replacements, or modifications to the gas distribution system.

PSC 133.03(3) (3) Notification required.

PSC 133.03(3)(a) (a) Unless a gas public utility is required to obtain a certificate of authority, it shall notify the commission of any of the following projects using the notification procedure in par. (b):

PSC 133.03(3)(a)1. 1. Connection of service to a customer that appears to be a master meter system operator.

PSC 133.03(3)(a)2. 2. Making a new connection to an interstate or intrastate gas pipeline.

PSC 133.03(3)(b) (b) A gas public utility desiring to proceed with a project identified under par. (a) shall file a notification with the commission at least 15 days, or as soon as practicable, before it intends to begin construction of the project. The notification shall include a brief description and location of the project.

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)(a) (a) Operating pressure, pipe size, and material.

PSC 133.04(1)(b) (b) Length of the project and the required right–of–way width.

PSC 133.04(1)(c) (c) The approximate construction schedule.

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) (9) Landowners.

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) (11) Environmental information.

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.a. a. The location of the crossing.

PSC 133.04(11)(a)3.b. b. The width of the stream or waterbody at the proposed crossing location.

PSC 133.04(11)(a)3.c. c. The proposed construction methods for the crossing.

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.a. a. The location of the wetland crossing.

PSC 133.04(11)(a)4.b. b. The length of crossing.

PSC 133.04(11)(a)4.c. c. The proposed construction methods for the crossing.

PSC 133.04(11)(a)4.d. d. The wetland type using the Wisconsin Wetland Inventory classification.

PSC 133.04(11)(a)4.e. e. The wetland type identified by vegetation community type.

PSC 133.04(11)(a)4.f. f. The presence or absence of invasive species, noting whether they are dominant.

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.