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(i) Install plant in compliance with a commission order.
(j) Relocate or modify existing plant to accommodate highway or airport construction.
(k) Acquire vehicles or other movable equipment.
History: 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 184.04Applications for commission authorization.
(1)Timing and cost increases.
(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.
(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.
(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.
(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.
(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:
(a) A description of the project including all project components, phases, and a schedule of construction.
(b) Information supporting the purpose and necessity of the project.
(c) An analysis and description of alternatives to the project.
(d) An analysis of the effect of the project on the quality and reliability of service.
(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.
(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.
(g) An estimate of annual operating costs of the project, by major expense accounts as identified in the uniform system of accounts.
(h) A description of any plant being retired or replaced and the year it was placed in service, if known.
(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.
(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.
(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.
(L) The identification of any flood-sensitive facilities that would be located in designated flood plains or flood-prone areas.
(m) For utility main construction projects, include all of the following:
1. The identification and description of each surface water potentially affected by construction.
2. The identification and description of each wetland potentially affected by construction.
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.
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.
(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.
(p) Any other information relevant to the project requested by the commission.
(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.
(5)Application submittal. A person or utility shall submit an application under this section using the commission’s Electronic Regulatory Filing (ERF) system.
History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12.
PSC 184.05Commission procedures.
(1)Application review.
(a) Upon receipt of a complete application under s. PSC 184.04, the commission shall issue a notice of investigation or notice of proceeding.
(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.
(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.
(3)Hearing. The commission is not required to hold a hearing on a utility application for a certificate unless any of the following apply:
(a) A statute or rule otherwise requires a hearing.
(b) The commission treats the application as a contested case, as defined in s. 227.01 (3), Stats.
(c) The proposed project requires the preparation of an environmental impact statement under s. 1.11, Stats.
(d) The commission determines a hearing is appropriate.
History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12.
PSC 184.06Emergency 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).
History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.