Chapter PSC 133

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 PSC 133.06 Commission procedure.

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)(b) (b) The application is treated as a contested case.

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(1)(d) (d) The commission determines that a hearing is necessary.

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 PSC 133.07 Territorial agreements.

PSC 133.07(1) (1) For purposes of this section:

PSC 133.07(1)(a) (a) “General territorial agreement” means any territorial agreement other than a limited territorial agreement.

PSC 133.07(1)(b) (b) “Limited territorial agreement” means a territorial agreement under s. 196.50 (1) (am) 1., Stats.

PSC 133.07(1m) (1m) Filing.

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) (a)

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).

PSC 133.07(2m)(b)2. 2. If the additional territory does not meet the requirements of par. (a), then enter into a general territorial agreement covering the additional territory and file a request for approval under sub. (1m) (c).

PSC 133.07 Note Note: For example: if 2 utilities have an existing limited territorial agreement that covers a portion of their original service territory boundary and want to have an agreement that covers a different portion of their original service territory boundary, they may enter into a new limited territorial agreement that covers the new territory.

PSC 133.07 Note But, for example, if the existing limited territorial agreement covers a ½ mile wide strip east of their original service territory boundary and they want to have an agreement that covers a ½ mile strip that is east of the new service territory boundary created by the existing limited territorial agreement, they must enter into a general territorial agreement to cover the additional strip.

PSC 133.07(3) (3) Filing deadline.

PSC 133.07(3)(a) (a) A gas public utility shall file a limited territorial agreement, a request for approval of a general territorial agreement, or an amended general territorial agreement with the commission, and receive approval when necessary, before the utilities provide service as permitted under the agreement.

PSC 133.07(3)(b) (b) A gas public utility shall file an amended general territorial agreement with the commission within 30 days after the date the amended agreement is signed and shall request commission approval of the proposed change.

PSC 133.07 Note Note: See sub. (2m) (b) and the note that follows about amending limited territorial agreements.

PSC 133.07(4) (4) Waiver of rights. The commission will consider a signed territorial agreement to be a waiver of any rights a signatory to the agreement may have under ss. 196.49 and 196.50, Stats., or under this chapter to object to the provision of natural gas service by the other signatory utility in those portions of the municipality assigned to the waiving utility.

PSC 133.07 History History: CR 07-020: cr. Register October 2007 No. 622, eff. 11-1-07; CR 15-003: renum. (1) to (1m) and am. (a) to (c) (intro.), cr. (1), (1m) (d), am. (2), cr. (2m), renum. (3) to (3) (a) and am., cr. (3) (b) Register September 2015 No. 717, eff. 10-1-15; correction in (2m) (b) 1., 2. under s. 13.92 (4) (b) 7 Register September 2015 No. 717.

PSC 133.08 PSC 133.08 Service in annexed areas.

PSC 133.08(1) (1) Current authority in annexing municipality. A gas public utility that is authorized to provide service in a municipality that annexes an area of another municipality does not need further commission approval to provide service in a newly annexed portion if any of the following apply:

PSC 133.08(1)(a) (a) The utility is also authorized to provide service in the municipality from which the area is annexed.

PSC 133.08(1)(b) (b) No other gas public utility is authorized to provide service in the municipality from which the area is annexed.

PSC 133.08(1)(c) (c) Another gas public utility is authorized to provide service in the municipality from which the area is annexed but does not have facilities or serve customers in the annexed area.

PSC 133.08(2) (2) Current authority in annexed area. A gas public utility that is authorized to provide service in a municipality from which an area is annexed may apply for commission authorization under ss. 196.49 and 196.50, Stats., to provide service in the annexed area when another gas public utility is authorized to provide service in the annexing municipality and neither gas public utility has facilities or serves customers in the annexed area. The commission shall determine which portions of the annexed area may be served by each utility.

PSC 133.08(3) (3) New authority to serve annexed area. A gas public utility that is authorized to provide service in a municipality that annexes an area of another municipality shall apply for commission authorization under ss. 196.49 and 196.50, Stats., to provide service in an annexed area if another gas public utility is authorized to provide service in the municipality from which the area is annexed and is serving customers or has facilities in the annexed area. The commission shall determine which portions of the annexed area may be served by each utility.

PSC 133.08(4) (4) Continued authority to serve annexed area. A gas public utility that is not authorized to provide service in a municipality that annexes an area of another municipality in which the utility is authorized to provide service shall apply for commission authorization to allow continued service to existing customers in the annexed area. The utility may continue to serve existing customers while the commission acts on the authorization request. The commission shall determine whether the utility may provide gas service to any other portions of the annexing municipality.

PSC 133.08(5) (5) Newly incorporated municipalities. Subsection (4), as it applies to newly-annexed areas, shall apply to newly-incorporated municipalities.

PSC 133.08(6) (6) Application requirements. Applications under this section shall include all of the following:

PSC 133.08(6)(a) (a) The commission action or docket that granted authority for providing service in the annexing municipality and the municipality from which an area is annexed.

PSC 133.08(6)(b) (b) Detailed maps and legal description of the annexed area.

PSC 133.08(6)(c) (c) An evaluation demonstrating how service to customers in the annexed area could be provided economically and efficiently by the applicant.

PSC 133.08(6)(d) (d) If the service area sought by the gas public utility in the annexed area requires commission approval under s. 196.50, Stats., the filing shall include an evaluation demonstrating why provision of service by a second gas public utility in the municipality is needed.

PSC 133.08 History History: CR 07-020: cr. Register October 2007 No. 622, eff. 11-1-07; CR 15-003: am. (3), (6) (d) Register September 2015 No. 717, eff. 10-1-15.