PSC 4.10(3) (3) Type III Actions. Type III actions are proposed actions involving requests for commission approval that normally do not have the potential to significantly affect the quality of the human environment, within the meaning of s. 1.11 (2) (c), Stats. As such, they do not normally require an EA or an EIS. An evaluation of a specific Type III proposal, however, may indicate that the preparation of an EA or EIS is warranted for that proposal. Type III actions are listed in Table 3.

PSC 4.10(3m) (3m) Actions not requiring environmental assessment.

PSC 4.10(3m)(a) (a) Commission actions not specified under sub. (2) do not normally require an environmental assessment except as otherwise determined by the commission under par. (b).

PSC 4.10(3m)(b) (b) Notwithstanding par. (a), the commission shall prepare an EA on a proposed action if it finds that:

PSC 4.10(3m)(b)1. 1. The action may be a major action significantly affecting the quality of the human environment within the meaning of s. 1.11 (2) (c), Stats., and that an EIS may be required; or

PSC 4.10(3m)(b)2. 2. The action involves unresolved conflicts concerning the use of available resources within the meaning of s. 1.11 (2) (e), Stats., such that the commission is required to study, develop and describe alternatives to the proposed action, and the commission has not studied, developed, and described alternatives in writing by other means.

PSC 4.10(4) (4) Categorizing transmission lines. If an electric transmission line is designed with a combination of the structure height and strength, line insulators, right-of-way and other elements that would allow the line to be easily modified to operate at a higher voltage than the initial operating voltage, the type of environmental review under this section is based on the line’s potential higher voltage level.

PSC 4.10(5) (5) Reasonable alternative proposals.

PSC 4.10(5)(a) (a) If a reasonable alternative to any proposed action specified in subs. (2) to (3m) exists, and the alternative would require review under sub. (1) as a Type I action, the proposed action shall be reviewed as a Type I action.

PSC 4.10(5)(b) (b) Unless par. (a) applies, if a reasonable alternative to any proposed action specified in subs. (3) to (3m) exists, and the alternative would require review under sub. (2) as a Type II action, the proposed action shall be reviewed under sub. (2) as a Type II action.

PSC 4.10 History History: Cr. Register, July, 1995, No. 475, eff. 8-1-95; am. (1) to (3), renum. (5) to be (5) (a) and am., cr. (5) (b), Register, June, 2000, No. 534, eff. 7-1-00.

PSC 4.20 PSC 4.20 Environmental assessment procedures.

PSC 4.20(1) (1) General information. The commission shall prepare an EA as a concise document that provides a factual investigation of the relevant areas of environmental concern in sufficient depth to permit a reasonably informed preliminary judgment of the environmental consequences of the proposed action. The EA shall include a recommendation whether the proposed action is a major action significantly affecting the quality of the human environment, within the meaning of s. 1.11 (2) (c), Stats., for which an EIS is required.

PSC 4.20(1m) (1m) Public notice. When it commences the preparation of an EA, the commission shall make a diligent effort to notify the public that an EA is being prepared. The announcement may be included with a notice of investigation or notice of hearing. The announcement shall describe the proposed action, including a map where appropriate, list a commission contact person and indicate how comments may be submitted. The announcement shall specify a public comment period lasting at least 10 days, beginning on the date the announcement is distributed. The commission shall distribute its announcement that an EA is being prepared to:

PSC 4.20(1m)(a) (a) Any person with a demonstrated interest or who has requested to receive this type of information.

PSC 4.20(1m)(b) (b) Area legislators.

PSC 4.20(1m)(c) (c) For a proposed action affecting a local area:

PSC 4.20(1m)(c)1. 1. The county clerk and the town or municipal clerk for the project area, with a request that the clerks post the announcement publicly.

PSC 4.20(1m)(c)2. 2. The county, town, village or city chief executive officer in the project area.

PSC 4.20(1m)(c)3. 3. Local news media.

PSC 4.20(1m)(c)4. 4. The regional planning commission.

PSC 4.20(1m)(d) (d) For a proposed action affecting a region of the state or the state as a whole:

PSC 4.20(1m)(d)1. 1. The county clerks in the area affected, with a request that the clerks post the announcement publicly.

PSC 4.20(1m)(d)2. 2. The county chief executive officers in the area affected.

PSC 4.20(1m)(d)3. 3. Regional news media.

PSC 4.20(2) (2) Environmental assessment preparation. Following the deadline for public comment, commission staff shall complete an EA to develop information for the commission’s use and to determine whether an EIS is required. Each EA shall include the following information:

PSC 4.20(2)(a) (a) A description of the purpose and need for the proposed action.

PSC 4.20(2)(b) (b) Maps, graphs or other description of the proposed action’s location and design.

PSC 4.20(2)(c) (c) A description of those environmental factors the proposed action affects most directly.