PSC 184.02(9)(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. PSC 184.02 HistoryHistory: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12. PSC 184.03PSC 184.03 Activities requiring commission authorization. PSC 184.03(1)(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. PSC 184.03(2)(2) Expansion, acquisition, and interconnection. A utility shall obtain a certificate from the commission before undertaking any of the following: PSC 184.03(2)(a)(a) Constructing facilities or initiating service in a municipality not currently served by the utility. PSC 184.03(2)(b)(b) Constructing facilities or initiating service in a service area of another utility. PSC 184.03(2)(c)(c) Acquiring or placing in operation existing facilities for furnishing water or sewer service obtained from another person or utility. PSC 184.03(2)(d)(d) Establishing an interconnection with another utility with which it has no existing interconnection. PSC 184.03(3)(a)(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). PSC 184.03 NoteNote: Examples of projects that typically require a certificate include all of the following:
PSC 184.03 Note1. Groundwater wells, surface water intakes, and other sources of water supply.
PSC 184.03 Note2. Water treatment, purification, and disinfection facilities.
PSC 184.03 Note3. Elevated tanks, reservoirs, and other storage facilities.
PSC 184.03 Note4. Pumping stations, pressure-reducing stations, and associated facilities.
PSC 184.03 Note5. Utility buildings.
PSC 184.03 Note6. 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.
PSC 184.03 Note7. Sewer facilities, including any pumping facilities or sewage treatment and disposal plant.
PSC 184.03(3)(b)(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.” PSC 184.03(3)(c)(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. PSC 184.03 NoteNote: 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 184.03(4)(4) Certificate not required. Notwithstanding sub. (3), a utility does not need a certificate to do any of the following: PSC 184.03(4)(a)(a) Install, replace, or repair a utility main, unless one of the following applies: PSC 184.03(4)(a)1.1. A portion of the main is located outside of the utility’s service area. PSC 184.03(4)(a)2.2. The main is eight inches or greater in nominal diameter and three or more miles long. PSC 184.03(4)(b)(b) Install, replace, or repair service laterals, hydrants, or valves within the utility’s service area. PSC 184.03(4)(d)(d) Install, replace, or repair supervisory control and data acquisition (SCADA) systems, telemetry equipment, or other electronic monitoring and control systems. PSC 184.03(4)(e)(e) Replace or repair existing pumps, motors, or associated equipment. PSC 184.03(4)(f)(f) Conduct routine maintenance or repair to utility facilities, including buildings used for utility purposes. PSC 184.03(4)(g)(g) Replace or repair filtration media used in existing water treatment purification and disinfection facilities. PSC 184.03(4)(h)(h) Install plant in accordance with filed extension rules and rates. PSC 184.03(4)(j)(j) Relocate or modify existing plant to accommodate highway or airport construction. PSC 184.03 HistoryHistory: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12; CR 14-053: renum. (3) to (3) (a) and am., cr. (3) (b), (c) Register April 2015 No. 712, eff. 5-1-15; correction in (3) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733; 2021 Wis. Act 86: am. (4) (c) Register November 2021 No. 791, eff. 12-1-21. PSC 184.04PSC 184.04 Applications for commission authorization. PSC 184.04(1)(a)(a) For any project requiring commission authorization under s. PSC 184.03, a person or utility shall submit the information required in this section at least 90 days, but no earlier than 2 years, before beginning the project. PSC 184.04(1)(b)(b) For any project receiving commission authorization under s. PSC 184.05 that is not begun within 2 years from the date of the authorization, a utility shall notify the commission of revised project costs, the schedule for completion, and any other changes to the proposed project. The commission may reconsider its authorization for a revised project under s. PSC 184.05. PSC 184.04(1)(c)(c) If the scope, design, or location of a project receiving commission authorization under s. PSC 184.05 changes significantly, or if it is discovered or identified that the project cost may exceed the estimated project cost by more than 10 percent, the utility shall promptly notify the commission as soon as the utility becomes aware of the possible change or cost increase. The commission may reconsider its authorization for a revised project under s. PSC 184.05. PSC 184.04(2)(2) Consultation. For projects subject to s. 196.025 (2m), Stats., before submitting an application for a certificate, a utility shall consult with commission staff, in cooperation with staff from the department, on the scope of the proposed project, the alternatives that must be considered in the application, and additional information that the commission may require as part of the application. PSC 184.04(3)(3) Contents of application. A person or utility seeking authorization for any activity under s. PSC 184.03 (1) and (2) or a utility seeking a certificate under s. PSC 184.03 (3) shall submit an application to the commission that includes all of the following, where applicable: PSC 184.04(3)(a)(a) A description of the project including all project components, phases, and a schedule of construction. PSC 184.04(3)(b)(b) Information supporting the purpose and necessity of the project. PSC 184.04(3)(d)(d) An analysis of the effect of the project on the quality and reliability of service. PSC 184.04(3)(e)(e) The project cost itemized by major plant accounts as identified in the uniform system of accounts, including all administrative, overhead, engineering, legal, construction, and inspection costs. PSC 184.04(3)(f)(f) Identification of the proposed project funding sources, including utility or municipal sources and outside grants or loans. If the project will be financed, the utility shall include expected financing rates and terms. PSC 184.04(3)(g)(g) An estimate of annual operating costs of the project, by major expense accounts as identified in the uniform system of accounts. PSC 184.04(3)(h)(h) A description of any plant being retired or replaced and the year it was placed in service, if known. PSC 184.04(3)(i)(i) A map showing the location of the project and all proposed facilities by Public Land Survey System (PLSS) quarter-quarter section or by another methodology approved by the commission. PSC 184.04(3)(j)(j) A list of any permits or approvals required by other state agencies or local governmental units and a statement indicating whether the permits or approvals have been applied for or obtained. PSC 184.04(3)(k)(k) For a project under s. PSC 184.03 (3), that includes new or expanded groundwater wells, surface water intakes, or other sources of water supply, information on any action the utility has taken to mitigate the need for the project. PSC 184.04(3)(L)(L) The identification of any flood-sensitive facilities that would be located in designated flood plains or flood-prone areas. PSC 184.04(3)(m)(m) For utility main construction projects, include all of the following: PSC 184.04(3)(m)1.1. The identification and description of each surface water potentially affected by construction. PSC 184.04(3)(m)2.2. The identification and description of each wetland potentially affected by construction. PSC 184.04(3)(m)3.3. An evaluation of whether any endangered or threatened species are present 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 184.04(3)(m)4.4. An evaluation of whether any known archeological or historical resources are present. For each resource identified, describe how the proposed project may be modified to reduce or eliminate any potential effect on the resource. PSC 184.04(3)(n)(n) Information to allow the commission to prepare an environmental assessment for a project subject to s. PSC 4.10 (2), or for a project that require coordinated commission and department review under s. 30.025, Stats. After consultation with the applicant, the commission shall identify any additional information required on a case-by-case basis. PSC 184.04(3)(p)(p) Any other information relevant to the project requested by the commission. PSC 184.04(4)(4) Grouping of projects. As an alternative to requesting a certificate for each project separately, a utility may submit on an annual basis a list of projects requiring approval under s. PSC 184.03 (3) that the utility intends to begin constructing within one year. For each project on this list, the utility shall include the information required by this section. PSC 184.04(5)(5) Application submittal. A person or utility shall submit an application under this section using the commission’s Electronic Regulatory Filing (ERF) system. PSC 184.04 HistoryHistory: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12. PSC 184.05(1)(a)(a) Upon receipt of a complete application under s. PSC 184.04, the commission shall issue a notice of investigation or notice of proceeding. PSC 184.05(1)(b)(b) The commission may approve or deny an application in whole or in part, and may modify or condition the authorization as the public convenience and necessity may require. PSC 184.05(2)(2) Time for review. Unless the application requires the preparation of an environmental assessment under s. PSC 4.10 (2), if no action is taken by the commission within 90 days after the commission issues a notice of investigation under sub. (1) (a), the utility may proceed with the construction work. If the commission requests additional information to process an application after issuing a notice of investigation, the 90-day waiting period before construction work may commence begins the date the additional information is received by the commission. PSC 184.05(3)(3) Hearing. The commission is not required to hold a hearing on a utility application for a certificate unless any of the following apply: PSC 184.05(3)(c)(c) The proposed project requires the preparation of an environmental impact statement under s. 1.11, Stats. PSC 184.05 HistoryHistory: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12. PSC 184.06PSC 184.06 Emergency work. In case of an emergency resulting from the failure of power supply or from fire, storm, or similar events, a utility may begin necessary repair work without receiving prior commission authorization. The utility shall promptly notify the commission of the emergency work and shall, within 30 days after commencing the work, furnish the commission with the information required under s. PSC 184.04 (3). PSC 184.06 HistoryHistory: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12.
