CR 13-033 Rule Text

PUBLIC SERVICE COMMISSION OF WISCONSIN

Retention of Meters   1-AC-227

Clearinghouse Rule 13-033

ORDER ADOPTING FINAL RULES

The Public Service Commission of Wisconsin adopts an order to renumber PSC 113.0923 and (title) and 185.78 and (title); renumber and amend PSC 185.77; amend PSC 113.0614, 113.0922 (title), 134.20, 134.31 (3), 185.19 (1), 185.73 (2) and (4), and 185.77 (title); repeal and recreate PSC 113.0919 (1) and (2), 134.19 (1) and (2), and 185.46 (1) and (2); and create PSC 113.0919 (3) (title) and (4) (title), 113.0922 (1) (title), (3) and (6), 134.19 (3) (title), 134.31 (4), and 185.77 (3), relating to the retention of customer meters so that they are available for testing.

REPORT TO THE LEGISLATURE

  The Report to the Legislature is set forth as Attachment A.

FISCAL ESTIMATE

  The Economic Impact Analysis for this rulemaking is included as Attachment A4.

FINAL REGULATORY FLEXIBILITY ANALYSIS

This rule will not affect small businesses. The s. 227.114(12), Stats., definition of “small business” states that to be considered a small business, the business must not be dominant in its field. Since gas, electric, and water utilities are monopolies in their service territories, they are dominant in their fields, and so, are not small businesses.

EFFECTIVE DATE

  These rules shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.

CONTACT PERSON

  Questions regarding this matter should be directed to docket coordinator Joyce Dingman at [phone] or [e-mail]. Small business questions may be directed to Christine Swailes at [phone], or via e-mail at [e-mail]. Media questions should be directed to Nathan Conrad, Communications Director, at [phone]. Hearing- or speech-impaired individuals may also use the commission’s TTY number. If calling from Wisconsin, use [phone]; if calling from outside Wisconsin, use [phone].

  The commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed above.

Attachment A

REPORT TO THE LEGISLATURE

A.   TEXT OF THE RULE

  The text of the proposed rules is set forth in Attachment A1.

B.   PLAIN LANGUAGE ANALYSIS

1.   Statutory Authority and Explanation of Authority

  This rule is authorized under ss. 196.02 (1) and (3), 196.06 (3), 196.17 (1), and 227.11, Stats.

Section 227.11 authorizes agencies to promulgate administrative rules. Section 196.02 (1) authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.02 (3) grants the commission specific authority to promulgate rules. Section 196.06 (3) allows the commission to prescribe the manner and form in which utilities keep records. Section 196.17 (1) requires the commission to provide for meter testing.

  Statutes Interpreted

  This rule interprets ss. 196.03 (1) and 196.17.

  Related Statutes or Rules

PSC ss. 113.0922, 113.0923, 134.31, 185.77, and 185.78 deal with customer-requested and commission-refereed tests. This rulemaking deals with how long to retain meters after such tests, and after customer complaints are filed, so that the meters are available should further tests be requested. PSC ss. 113.0614, 134.20, and 185.19 deal with the retention of records.

2.   Brief Summary of Proposed Rules

This rule establishes retention periods for meter test records. It also ensures that meters remain available for a reasonable period of time for subsequent testing, if necessary, to resolve a customer dispute. Further, it ensures that utility-tested and referee-tested[1] meters are retained long enough that they are available should further testing or review be needed.

3.   Comparison with Existing or Proposed Federal Regulations

49 CFR 192 contains some records retention regulations for gas pipeline operators. 18 CFR 225 contains some gas records retention requirements. 18 CFR 125.3 contains some electric records retention regulations. They do not address the issue of meter retention.

4.   Comparison with Similar Rules in Adjacent States

This rulemaking was opened after the commission dealt with a number of situations in which a customer had requested an accuracy test of a meter, but then the meter was thrown away before a second, commission-refereed test could be requested and performed. The approach is to require that a meter be retained for a period of time after a test to ensure that it is available for a follow-up test, should one be requested. This rulemaking involves three types of utility service: gas, electric and water.

Although surrounding states anecdotally report at least some of the same problems experienced by this commission, none of them have rules that specify time periods for which meters must be retained. However, Iowa does advise utilities to keep meters until the time for an appeal has passed, especially if a referee test is performed. Further, when the Iowa Utilities Board issues orders granting waivers from meter testing requirements, it requires the utility to hold the meters for 120 days before disposing of them.