CR 18-007 Rule Text

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PUBLIC SERVICE COMMISSION OF WISCONSIN

In the Matter of the Proposed Revision of Wis. Admin. Code ch. PSC 114 as   1-AC-250 Wisconsin State Electrical Code, Volume I

Clearinghouse Rule No. 18-007

ORDER ADOPTING FINAL RULE

The Public Service Commission of Wisconsin adopts an order to repeal PSC 114.215, 114.234 (7), 114.261, 114.320, and 114.323; amend 114.001 (3), 114.002 (2) (d), 114.006 (1) and (2), 114.007 (intro.) and Notes, 114.010, 114.02 (intro.), (1) and (2), 114.092 (title), (1) (intro.) and (2) (intro.), 114.094, 114.096 (intro.) and Exception 2, 114.097 (intro.), (1) (intro.) and (2) (intro.), 114.099 (intro.), (1) (intro.), (2) and (3) (intro.), 114.202, 114.210 (intro.), 114.219, 114.230 (title), (1) and (2) (intro.), 114.232 (1) (intro.), (1) (a) (intro.), (1) (b) (intro.), (1) (c), (1) (d), (1) (e) (intro.), (1) (f), (2) (intro.) and (3) (intro.), 114.234 (1) (intro.), (2) (intro.), (3) (intro.), (4) (intro.), (5) (intro.) and (6) (intro.), (8) (intro.), and (9) (intro.), 114.235 (intro.), 114.242 (intro.), 114.250 (1) and (2) (intro.), 114.253 (intro.) and (2), 114.302 (intro.), 114.310 (intro.), 114.317, 114.350 (intro.), 114.352 (intro.), 114.353 (intro.), 114.381 (intro.), 114.402 (intro.), and 114.410; repeal and recreate 114.215, 114.234 (10), and 114.354; and create 114.102, 114.103, 114.114, 114.231, 114.234 (11), (12), and (13), and 114.253 (3) regarding the adoption of the 2017 edition of the National Electrical Safety Code into Volume 1 of the State Electrical Code.

REPORT TO THE LEGISLATURE

The Report to the Legislature is included as Attachment A.

FISCAL ESTIMATE

The Fiscal Estimate and Economic Impact Analysis for this rulemaking are included as Attachment A3.

FINAL REGULATORY FLEXIBILITY ANALYSIS

  This rule will not affect small business. The Wis. Stat. § 227.114(1) definition of “small business” states that to be considered a small business, the business must not be dominant in its field. This rule affects electric utilities. Electric utilities are monopolies in their service territories. This makes an electric utility dominant in its field, and therefore not small business.

EFFECTIVE DATE

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

CONTACT PEOPLE

Questions regarding this matter should be directed to the docket coordinator, Mohammed Monawer, at [phone], or [e-mail]. Small business questions should be directed to Kristy Nieto at [phone]. Media questions should be directed to the Communications Director, Matthew Sweeney at [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 matter or who needs to obtain this document in a different format should contact the docket coordinator listed above.

Dated at Madison, Wisconsin, this 16th day of January 2020.

By the Commission:

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Steffany Powell Coker

Secretary to the Commission

DL: 01713234

REPORT TO THE LEGISLATURE

A.

TEXT OF THE RULE

The text of the rule is included as Attachment A1.

B.

PLAIN LANGUAGE ANALYSIS

1.   Statutory Authority and Explanation of Authority

This rulemaking is authorized under Wis. Stat. §§ 196.02 (1) and (3), 196.74, and 227.11(2).

Wisconsin Stat. § 227.11(2) authorizes agencies to promulgate administrative rules. Wisconsin Stat. § 196.02(1) authorizes the Commission to do all things necessary and convenient to its jurisdiction. Wisconsin Stat. § 196.02(3) grants the Commission specific authority to promulgate rules. Wisconsin Stat. § 196.74 authorizes the Commission to promulgate rules that promote public safety by requiring the construction and operation of electric wires and equipment to be safe.

In relevant part, Wis. Stat. § 196.74 states that “[e]ach public utility and railroad which owns, operates, manages or controls along or across any public or private way any wires over which electricity or messages are transmitted shall construct, operate and maintain the wires and any related equipment in a manner which is reasonably adequate and safe and which does not unreasonably interfere with the service furnished by any other public utility or railroad. The Commission may issue orders or rules, after hearing, requiring electric construction and operating of such wires and equipment to be safe. The Commission may revise the orders or rules as may be required to promote public safety . . . .”

Statutes Interpreted

This rulemaking interprets Wis. Stat. §§ 196.02 (1) and (3), 196.74, and 227.11(2).

Related Statutes or Rules

Wisconsin Admin. Code ch. SPS 316, which is Volume 2 of the Wisconsin State Electrical Code (WSEC).

2.   Brief Summary of Proposed Rules

Volume 1 of the WSEC, codified in Wis. Admin. Code ch. PSC 114, is administered by the Commission. It deals with safety requirements for the installation, operation, and maintenance of primarily outdoor electric supply and communications lines and facilities used by utilities, including electric and telecommunications suppliers, railroads, and cable television providers.

Wisconsin Admin. Code ch. PSC 114 has been, and is, based on the National Electrical Safety Code (NESC). The NESC is revised and updated every five years requiring subsequent periodic revision of WSEC, Volume 1, to adopt the latest national standard. In 1979, 1982,

1985, 1988, 1991, 1994, 1997, 2003, 2008, and 2014, the Commission adopted the 1977, 1981, 1984, 1987, 1990, 1993, 1997, 2002, 2007, and 2012 editions of the NESC, respectively, with certain changes, deletions, and additions which apply in Wisconsin only and are contained in Wis. Admin. Code ch. PSC 114.

The 2017 edition of the NESC was issued in August 2016. A corresponding revision of Wis. Admin. Code ch. PSC 114 is necessary to implement the latest edition of the national code and make any other necessary changes to update and improve the code. A technical advisory committee was appointed and met to recommend and discuss the rule changes. Commission staff and members of the technical advisory recommended changes to Wis. Admin. Code ch.

PSC 114.

The majority of the recommended changes to Wis. Admin. Code ch. PSC 114 either update the NESC reference titles and page numbers or provide minor clarifications to the existing rules based on the NESC-2017 edition. In addition, the NESC incorporated several revisions from the current Wis. Admin. Code ch. PSC 114 into the NESC-2017 edition; therefore, several revisions were no longer necessary and were repealed from Wis. Admin. Code ch. PSC 114.

The substantive changes to Wis. Admin. Code ch. PSC 114 are summarized as follows:

  The creation of Wis. Admin. Code § PSC 114.114, relating to fire-extinguishing equipment, maintains a rule that was omitted in the NESC-2017 edition. This rule will eliminate confusion about whether fire-extinguishing equipment is required in unmanned stations.

The creation of Wis. Admin. Code § PSC 114.231 adds clarity to NESC Rule 231B1, relating to the “sufficient distance” of poles from curbs. Since 1977, the NESC has required that poles be at least six inches behind the face of the curb. This requirement was omitted in the NESC-2017 edition. This rule maintains this requirement.

The creation of Wis. Admin. Code §§ PSC 114.234 (12) and (13) adds the newly created NESC-2017 Table 234-6 and associated Footnote 3.

3.

Comparison with Existing or Proposed Federal Regulations