Chapter PSC 4

PSC 4.30 History History: Cr. Register, July, 1995, No. 475, eff. 8-1-95.

PSC 4.35 PSC 4.35 Supplemental documents.

PSC 4.35(1) (1) Supplemental environmental assessment.

PSC 4.35(1)(a) (a) The commission shall prepare a supplement to an EA if, after it has prepared an EA but before it has made a final decision on the proposed action, it identifies any of the following conditions:

PSC 4.35(1)(a)1. 1. Substantial changes to the proposed action, or significant new circumstances, that have the potential to affect the quality of the human environment in a significant manner or to a significant extent not already considered in the EA.

PSC 4.35(1)(a)2. 2. New information about the proposed action’s potential to affect the quality of the human environment in a significant manner or to a significant extent not already considered in the EA.

PSC 4.35(1)(b) (b) Section PSC 4.20 applies to the preparation of a supplemental EA under par. (a).

PSC 4.35(1)(c) (c) Paragraph (a) does not apply if, following preparation of the initial EA, the commission chooses to prepare an EIS.

PSC 4.35(2) (2) Supplemental environmental impact statement.

PSC 4.35(2)(a) (a) The commission shall prepare a supplement to a draft EIS if, after it has prepared a draft EIS but before it has made a final decision on the proposed action, it identifies any of the following conditions:

PSC 4.35(2)(a)1. 1. Substantial changes to the proposed action, or significant new circumstances, that would affect the quality of the human environment in a significant manner or to a significant extent not already considered in the draft EIS.

PSC 4.35(2)(a)2. 2. New information about whether the proposed action would affect the quality of the human environment in a significant manner or to a significant extent not already considered in the draft EIS.

PSC 4.35(2)(b) (b) Section PSC 4.30 applies to the preparation of the supplemental draft EIS under par. (a).

PSC 4.35(2)(c) (c) Following issuance of the supplemental draft EIS, the commission shall prepare a final EIS. If a condition specified in par. (a) 1. or 2. occurs after the commission has issued a final EIS but before it has made a final decision on the proposed action, the commission shall prepare both a supplemental draft EIS and a supplemental final EIS.

PSC 4.35 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

PSC 4.40 PSC 4.40 Generic environmental assessments and environmental impact statements.

PSC 4.40(1) (1) Similar actions. If the commission is analyzing the environmental effects of a group of similar proposed actions with substantially similar effects on the human environment, major changes in ongoing policy which would affect the environment or proposed actions which are likely to recur, it may prepare a generic EA or EIS. Section PSC 4.20 applies to a generic EA and s. PSC 4.30 applies to a generic EIS, unless a provision in either section would conflict with the purpose of the generic EA or EIS.

PSC 4.40(2) (2) Amendments. The commission may amend a generic EA or EIS, either by reopening the generic docket or by addressing the generic EA or EIS in a specific case docket. If so, the original parties to the generic EA or EIS docket shall be notified.

PSC 4.40(3) (3) Use of a generic environmental assessment or environmental impact statement. An EA, a draft EIS or a final EIS may incorporate portions of a generic EA or EIS, if the EA or EIS summarizes the relevant portions of the generic EA or EIS.

PSC 4.40 History History: Cr. Register, July, 1995, No. 475, eff. 8-1-95.

PSC 4.50 PSC 4.50 Public hearing on proposed actions.

PSC 4.50(1) (1) Date and location.

PSC 4.50(1)(a) (a)

PSC 4.50(1)(a)1. 1. Except as provided in subd. 2., the commission shall hold a public hearing on a proposed action for which it has prepared an EIS before making a final decision. The commission shall hold the hearing at least 30 days after publishing a notice of hearing and distributing the final EIS under s. PSC 4.30 (5) (b).

PSC 4.50(1)(a)2. 2. The commission may reduce the review period prior to hearing for cause, as provided in s. PSC 4.30 (5) (d) 2.

PSC 4.50 Note Note: Section 1.11 (2) (d), Stats., also requires the commission to wait at least 15 days after publishing a newspaper notice of a hearing, before holding the hearing.

PSC 4.50(1)(b) (b) Concerning a proposed action of statewide significance, the commission may hold the public hearing in Madison. For other proposed actions the commission shall, as specified in s. 1.11 (2) (d), Stats., hold a hearing in the locality affected.

PSC 4.50(2) (2) Hearing notice. In addition to the notice requirements specified for a hearing in s. 1.11 (2) (d), Stats.:

PSC 4.50(2)(a) (a) The commission shall mail a notice of hearing to known interested persons and others specified in s. PSC 4.30 (4) (d).

PSC 4.50(2)(b) (b) The commission may require a project applicant to place one or more advertisements about the project and the hearing in the news media.

PSC 4.50(3) (3) Conduct of the hearing. The commission shall conduct the public hearing under this section as a contested case proceeding, in accordance with ss. 227.44 to 227.50, Stats., or, if the proposed action involves rule making or a proposal for legislation, in accordance with s. 227.18, Stats. At the hearing commission staff shall offer the final EIS into evidence. The commission staff shall testify about the preparation of the final EIS and the issues it identifies, and may provide other relevant information on the environmental aspects of the case that may have come to its attention. The commission shall receive the final EIS into evidence. The commission may also receive testimony at the hearing regarding the environmental aspects of the case and the content of the final EIS.

PSC 4.50(4) (4) Order. The commission shall distribute a copy of its order on the proposed action to each agency responding to the draft EIS or the final EIS, to each party to the proceeding and to any person who requests a copy.

PSC 4.50 History History: Cr. Register, July, 1995, No. 475, eff. 8-1-95; am. (3), Register, June, 2000, No. 534, eff. 7-1-00.

PSC 4.60 PSC 4.60 Interagency cooperation.

PSC 4.60(1) (1) Early consultation. To the extent practical, the commission shall consult with federal and state agencies early when preparing an EA or EIS.

PSC 4.60(2) (2) Joint preparation of environmental assessments. The commission may enter into agreements with other federal, state or local agencies to develop a joint environmental assessment that satisfies the requirements of the participating agencies. The commission shall independently determine its need to prepare an EIS.

PSC 4.60(3) (3) Joint preparation of environmental impact statements. The commission may enter into agreements with other federal or state agencies to develop a joint EIS that satisfies the requirements of the participating agencies.

PSC 4.60(4) (4) Adoption of other environmental assessments or environmental impact statements.

PSC 4.60(4)(a) (a) The commission may adopt part or all of another state or federal agency’s environmental assessment as the commission’s EA if the EA meets the requirements of this chapter. The commission shall notify the public as required under s. PSC 4.20 (1) or (3). The commission shall independently determine its need to prepare an EIS.

PSC 4.60(4)(b) (b) The commission may adopt part or all of another state or federal agency’s environmental impact statement as the commission’s draft EIS if the EIS meets the requirements of this chapter. The commission shall distribute the draft EIS and notify the public as required under s. PSC 4.30 (4).

PSC 4.60 History History: Cr. Register, July, 1995, No. 475, eff. 8-1-95; am. (2) and (4) (a), Register, June, 2000, No. 534, eff. 7-1-00.

PSC 4.70 PSC 4.70 Project applications.

PSC 4.70(1) (1) Advance notice to commission. Any person intending to file an application for commission approval of a Type I or Type II proposed action listed in s. PSC 4.10 (1) or (2) shall contact the commission. The applicant shall contact the commission at least 30 days before filing, and at least 30 days before providing an engineering plan to the department of natural resources if required under s. 196.491 (3) (a) 3. a., Stats., to:

PSC 4.70(1)(a) (a) Describe the person’s tentative plans, designs and timing.

PSC 4.70(1)(b) (b) Seek a preliminary determination from the commission on alternatives to the proposed action that must be evaluated and the information necessary to complete the environmental review.

PSC 4.70(1)(c) (c) Seek input concerning other agencies the applicant may be required to contact.

PSC 4.70(1)(d) (d) For a Type I proposed action listed in s. PSC 4.10 (1), obtain information on commission methods and timing for public notice and scoping procedures.

PSC 4.70(2) (2) Required contents of an application.

PSC 4.70(2)(a) (a) Each application for commission approval of a Type I proposed action listed in s. PSC 4.10 (1) shall describe the project in sufficient detail that the commission can prepare an EIS meeting the criteria specified in s. PSC 4.30 (3). Each application for commission approval of a Type II proposed action listed in s. PSC 4.10 (2) shall describe the project in sufficient detail that the commission can prepare an EA meeting the criteria specified in s. PSC 4.20 (2).

PSC 4.70(2)(b) (b) Each application for commission approval of a Type I or Type II proposed action listed in s. PSC 4.10 (1) or (2) shall do all of the following:

PSC 4.70(2)(b)1. 1. Identify, develop and evaluate reasonable alternatives to the project.

PSC 4.70(2)(b)2. 2. Include a summary of the applicant’s contacts with other agencies, as required under sub. (1) (c).

PSC 4.70(2)(c) (c) No application for commission approval of a Type I or Type II proposed action listed in s. PSC 4.10 (1) or (2) is complete until the information necessary for the commission to complete an environmental review is provided.

PSC 4.70 History History: Cr. Register, July, 1995, No. 475, eff. 8-1-95; am. (1) (intro.), (d), (2) (a), (b) (intro.) and (c), Register, June, 2000, No. 534, eff. 7-1-00.

PSC 4.80 PSC 4.80 WEPA coordinator.

PSC 4.80(1) (1) Powers and duties. The commission shall designate a qualified staff person as WEPA coordinator, to coordinate and oversee performance of environmental impact statement procedures and other WEPA requirements. The WEPA coordinator shall:

PSC 4.80(1)(a) (a) Act as contact for other state agencies seeking assistance or opinions on environmental impact matters.

PSC 4.80(1)(b) (b) Participate on behalf of the commission in inter-agency environmental activities.

PSC 4.80(1)(c) (c) Determine appropriate categorization of proposed actions under s. PSC 4.10.

PSC 4.80(1)(d) (d) Determine whether an EIS is required for actions listed in s. PSC 4.10 (2) or (3).

PSC 4.80(1)(e) (e) Determine whether an EA is required for proposed actions listed in s. PSC 4.10 (3) or (3m).

PSC 4.80(1)(f) (f) Ensure the commission’s environmental review of a proposed action complies with s. 1.11, Stats.

PSC 4.80(1)(g) (g) Determine the proper time periods for review of EA and EIS documents under ss. PSC 4.20 (1m) and (3) (c), 4.30 (4) (e) and (5) (d) and 4.50 (1).

PSC 4.80(2) (2) Assistance to applicants. Any person uncertain as to whether s. PSC 4.10 (1), (2) or (3) applies to a project may contact the WEPA coordinator for assistance.

PSC 4.80 History History: Cr. Register, July, 1995, No. 475, eff. 8-1-95; am. (1) (g), Register, June, 2000, No. 534, eff. 7-1-00.

Table 1. Type I Actions

Table 2. Type II Actions