Wisconsin Legislature: Chapter PSC 184

Chapter PSC 184

CONSTRUCTION OF AND PLACING INTO OPERATION OF WATER AND SEWER FACILITIES

PSC 184.02 Definitions.

PSC 184.03 Activities requiring commission authorization.

PSC 184.04 Applications for commission authorization.

PSC 184.05 Commission procedures.

PSC 184.06 Emergency work.

History: Chapter PSC 184 as it appeared on October 31, 1974 was repealed and a new chapter PSC 184 was created effective November 1, 1974; Chapter PSC 184 as it appeared on July 31, 2012 was repealed and a new chapter PSC 184 was created effective August 1, 2012.

PSC 184.01 Scope.

(1) Applicability. This chapter applies to a utility.

(2) Individual situations. Nothing in this chapter precludes the commission from giving individual consideration to exceptional or unusual situations or, upon investigation, from establishing requirements for a utility or service that are different from those provided in this chapter.

History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12.

PSC 184.02 Definitions. In this chapter:

(1) “Acquire” means the acquisition of plant in place and ready for operation, but does not include the purchase of materials or equipment for later installation.

(2) “Certificate” means a certificate issued by the commission under ss. 196.49 or 196.50, Stats.

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

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

(5) “Municipality” means a city, village or town.

(6) “Plant” means all equipment, property, or facilities included in the utility plant accounts under the uniform system of accounts prescribed by the commission.

(7) “Project cost” means the total estimated costs of a proposed project including land acquisition, construction, pilot testing, test wells, inspection, and fees for professional services.

(8) “Service area” means the geographic area within which a utility has an obligation to provide service.

(9) “Utility” means a water public utility, as defined in s. 196.01 (5) (a), Stats., a combined water and sewer public utility under s. 66.0819, Stats., or any person, except a governmental unit, who furnishes service to or for the public by means of a sewerage system, as defined in s. 281.01 (14), Stats.

History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12.

PSC 184.03 Activities requiring commission authorization.

(1) New utility. A person intending to operate as a utility may not begin construction of, install, or place in operation any facilities for furnishing water or sewer service in a municipality in which the person is not currently furnishing water or sewer service as a utility without the commission’s prior approval.

(2) Expansion, acquisition, and interconnection. A utility shall obtain a certificate from the commission before undertaking any of the following:

(a) Constructing facilities or initiating service in a municipality not currently served by the utility.

(b) Constructing facilities or initiating service in a service area of another utility.

(c) Acquiring or placing in operation existing facilities for furnishing water or sewer service obtained from another person or utility.

(d) Establishing an interconnection with another utility with which it has no existing interconnection.

(e) Combining or consolidating with another utility.

(3) Construction of facilities.

(a) A utility shall obtain a certificate from the commission before constructing, purchasing, installing, modifying, replacing, or placing in operation any plant not exempt under sub. (4) if the project cost exceeds the cost threshold specified in s. 196.49 (5g) (ar), Stats., as revised under par. (b).

Note: Examples of projects that typically require a certificate include all of the following:

1. Groundwater wells, surface water intakes, and other sources of water supply.

2. Water treatment, purification, and disinfection facilities.

3. Elevated tanks, reservoirs, and other storage facilities.

4. Pumping stations, pressure-reducing stations, and associated facilities.

5. Utility buildings.

6. Utility main if a portion of the main is located outside of the utility’s service area or if the main is eight inches or greater in nominal diameter and three or more miles long.

7. Sewer facilities, including any pumping facilities or sewage treatment and disposal plant.

(b) 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 water utility construction based on the applicable industry cost index numbers published in the “Handy-Whitman Index of Public Utility Construction Costs.”

(c) The commission shall notify all water 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 water industry and acceptable to the commission.

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.

(4) Certificate not required. Notwithstanding sub. (3), a utility does not need a certificate to do any of the following:

(a) Install, replace, or repair a utility main, unless one of the following applies:

1. A portion of the main is located outside of the utility’s service area.

2. The main is eight inches or greater in nominal diameter and three or more miles long.

(b) Install, replace, or repair service laterals, hydrants, or valves within the utility’s service area.

(d) Install, replace, or repair supervisory control and data acquisition (SCADA) systems, telemetry equipment, or other electronic monitoring and control systems.

(e) Replace or repair existing pumps, motors, or associated equipment.

(f) Conduct routine maintenance or repair to utility facilities, including buildings used for utility purposes.

(g) Replace or repair filtration media used in existing water treatment purification and disinfection facilities.

(h) Install plant in accordance with filed extension rules and rates.

(i) Install plant in compliance with a commission order.