CR_13-040 Hearing to consider rule revising Chapter PSC 118, relating to renewable resource credits to conform to the statutory changes made by 2011 Wisconsin Act 155.

Note: Grounding and bonding conductors are covered by Rule 093.

PSC 114.353E Deliberate separations — Equal to or greater than 300 mm (12 in) from underground structures or other cables. [Follows NESC 353D, p. 252] (Addition) Add the following paragraph E to read:

E. Gas lines

The separation in any direction of gas pipelines from direct-buried electric supply and communication facilities shall be a minimum of 0.3 m (12 in).

Exception: If this clearance cannot be attained, the gas line shall be protected from damage that might result from the proximity of the electric supply or communication direct-buried system.

PSC 114.354D1g Random separation — Separation less than 300 mm (12 in) from underground structures or other cables. [NESC 354D1g, p. 253] (Change) Change paragraph g to read:

g. Adequate bonding shall be provided between the effectively grounded supply conductor or conductors and the communication cable shield or sheath at intervals that should not exceed 300 m (1,000 ft). At each above or below grade transformer or above or below grade pedestal, all existing grounds shall be interconnected. These include the primary neutral, secondary neutral, power cable shield, metal duct, or sheath and communication cable sheath. Communication protectors, communication service cable shields and secondary neutrals shall be connected to a common ground at each customer's service entrance when communication circuits are underground without separation from power conductors.

PSC 114.354E Supply and communication cables or conductors and non-metallic water and sewer lines. [NESC 354E, p. 254] (Change) Change paragraph E to read:

E. Supply and communication cables or conductors, foundations and water and sewer lines.

(1) Supply cables and conductors and water and sewer lines or foundations may be buried together with no deliberate separation between facilities and at the same depth, provided all parties involved are in agreement.

(2) Communication cables and conductors and water and sewer lines or foundations may be buried together with no deliberate separation between facilities and at the same depth, provided all parties involved are in agreement.

(3) Supply cables or conductors, communication cables or conductors, water and sewer lines or foundations may be buried together with no deliberate separation between facilities and at the same depth, provided the applicable rules in Rule 354D are met and all parties involved are in agreement.

Section 38. Equipment

PSC 114.381H Warning signs. [Follows NESC 381G, p. 257] (Addition) Add paragraph H to read:

H. Warning signs

1. Where a padmounted transformer, switchgear, pedestal, or similar above-grade enclosure is not within a fenced or other protected area and contains live parts in excess of 600 volts, a permanent and conspicuous warning sign shall be provided on the outside of the enclosure which meets the requirements as to format and color of American National Standards Institute standard ANSI Z535.1-2011, ANSI Z535.2-2011, ANSI Z535.3-2011, ANSI Z535.4-2011, and ANSI Z535.5-2011 for safety signs.

2. Electric supply equipment installed prior to July 1, 2003 shall be signed to comply with these rules or the rule in effect in 2003. Warning signs installed as replacements or installed on new facilities shall comply with the standard as prescribed in s. PSC 114.381 H1 above. The "Mr. Ouch" symbol may be used as the optional pictorial part of this sign.

Part 4. Rules for the Operation of Electric Supply and Communications Lines and Equipment

Section 40. Purpose and Scope

PSC 114.402 Referenced sections. [NESC 402, p. 261] (Change) Change first sentence of Rule 402 to read:

The Introduction (Section 1) as amended by s. PSC 114.010 , Definitions (Section 2) as amended by Section 2 of Chapter PSC 114 , List of Referenced Documents (Section 3), and Grounding Methods (Section 9) as amended by Section 9 of Chapter PSC 114 , shall apply to the requirements of Part 4.

Section 41. Supply and communications systems — Rules for employers

PSC 114.410 General requirements. [NESC 410A3, p. 262] (Addition) Add the following clarifying note to Rule 410A3b:

Note 4: It is the intent of this rule that the facility owner and equipment owner cooperate to provide the necessary arc assessment of their respective area of responsibility where work is to be performed. Either the facility owner or the equipment owner may request the appropriate information from the other party and perform the assessment on behalf of the other.

SECTION 2. This rule 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.

(end)

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title, and Number
Ch. PSC 114 Wisconsin State Electrical Code, Volume 1
3. Subject
Electric safety and adopting the latest National Electrical Safety Code into Volume I of the Wisconsin Sate Electrical Code.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The existing ch. PSC 114 administers an outdated version of the National Electric Safety Code. This rulemaking updates the rule to include provisions from the latest version of that code.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
All electric utilities; Wisconsin Utilities Association; Utility Workers Associations; Wisconsin Federation of Independent Business; Wisconsin Manufacturers and Commerce; Citizens Utility Board, League of Wisconsin Municipalities, Wisconsin Towns Association,. Wisconsin Alliance of Cities, IBEW, Municipal Electric Utilities of Wisconsin.
11. Identify the local governmental units that participated in the development of this EIA.
Municipalities with municipal electric utilities and members of the League of Wisconsin Municipalities, Wisconsin Towns Association, and Wisconsin Alliance of Cities.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units, and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
There are no estimated state fiscal effects from the draft revisions to ch. PSC 114 Wisconsin State Electrical Code, Volume 1. As drafted, the revised Wisconsin State Electrical Code, Volume 1 adopts federal requirements as state rule. The proposed rule clarifies 1) that a utility must obtain proof of compliance with Wisconsin state electric code before extending service to a premise, 2) water areas not suitable for sailboating, 3) when a utility may not construct conductors of supply lines, and 4) defines clearances. The rule also specifies that applicants not addressed should follow accepted good practices known at the time. Other changes are reference number changes only. Revisions to ch. PSC 114 Wisconsin State Electrical Code, Volume 1 are clarifications and do not impact state staff workload or electric utilities. Therefore, the revised rule is not anticipated to have a fiscal effect.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
This rulemaking will update provisions of the Wisconsin Electrical Code so that they are consistent with the National Electric Safety Code. This allows the Wisconsin code to be consistent with the latest best practices and with surrounding states.
14. Long Range Implications of Implementing the Rule
This rulemaking provides for the continued oversight of an up to date state electrical code. This rulemaking will update the Wisconsin Electrical Code so that they are consistent with the National Electric Safety Code. This allows the Wisconsin code to be consistent with the latest best practices and with surrounding states.
15. Compare With Approaches Being Used by Federal Government
Not applicable.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
This rulemaking adopts the latest edition of the National Electric Safety Code (NESC). Minnesota automatically adopts each new NESC edition by reference. Michigan does not specifically adopt the NESC but effectively does so by referencing it as "standards of good practice." Iowa adopts all but Part 4 and Illinois adopts sections of Part 1 and Parts 2 and 3.
17. Contact Name				18. Contact Phone Number
Lisa Farrell				608-267-9086

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Public Service Commission

CR 13-040

(PSC Docket # 1-AC-240)

NOTICE IS GIVEN that pursuant to s. 227.16 (2) (b) , Stats., the Public Service Commission of Wisconsin will hold a public hearing at the time and place below to consider an order to renumber and amend ss. PSC 118.02 (6g) (intro.) and 118.03 (3) ; to amend ss. PSC 118.02 (1m) and (5) , 118.03 (2) (intro.) and (c) , 118.04 (1m) (c) , (4) , and (5) , 118.055 (title), (1) , (2) (intro.) to (b) , (e) , and (f) , (3) to (5) , 118.06 (2) (b) , (c) 1. , (cm) (intro.) and 1. , (d) 1m. , (em) , and (5) , 118.09 (1) to (7) ; and to create ss. PSC 118.03 (3) (b) and (5) , 118.04 (2) (fm) , and 118.08 (3) and (4) relating to renewable resource credits.

Hearing Information

Date:   Friday, June 28, 2013
Time:   10:00 a.m.
Location:   Amnicon Falls Hearing Room
  Public Service Commission Building
  610 North Whitney Way
  Madison, Wisconsin

This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.

Written Comments

Any person may submit written comments on these proposed rules. The record will be open for written comments from the public, effective immediately, and until Monday, July 15, 2013 at noon . All written comments must include a reference on the filing to docket 1-AC-240. File by one mode only.

Industry

File comments using the Electronic Regulatory Filing system. This may be accessed from the commission's website ( psc.wi.gov ).

Members of the public:

Please submit your comments in one of the following ways:

Electronic Comment. Go to the commission's web site at http://psc.wi.gov , and click on the "ERF - Electronic Regulatory Filing" graphic on the side menu bar. On the next page, click on "Need Help?" in the side menu bar for instructions on how to upload a document.

Web Comment. Go to the commission's web site at http://psc.wi.gov , click on the "Public Comments" button on the side menu bar. On the next page select the "File a comment" link that appears for docket number 1-AC-240.

Mail Comment. All comments submitted by U.S. Mail must include the phrase "Docket 1-AC-240 Comments" in the heading, and shall be addressed to:

  Sandra J. Paske, Secretary to the Commission
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854

The commission does not accept comments submitted via e-mail or facsimile (fax). Any material submitted to the commission is a public record and may appear on the commission's web site. The commission may reject a comment that does not comply with the requirements described in this notice.

Analysis Prepared by the Public Service Commission of Wisconsin

Statutory authority and explanation of authority

This rule is authorized under ss. 196.02 (1) and (3) , Stats., 196.378 , Stats., and 227.11 , Stats.

Section 227.11 , Stats., authorizes agencies to promulgate administrative rules. Section 196.02 (1) , Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.02 (3) , Stats., grants the commission specific authority to promulgate rules. Section 196.378 , Stats., authorizes the Commission to promulgate a variety of rules concerning renewable energy credits.

Statute interpreted

This rule interprets s. 196.378 , Stats.

Related statutes or rules

None.

Brief summary of rule

The purpose of the rulemaking is to amend relevant sections of ch. PSC 118 relating to renewable resource credits to conform to the statutory changes made by 2011 Wisconsin Act 155 , effective April 10, 2012. This will be accomplished in the following ways: (1) revise the definition of a renewable resource credit to be consistent with the statute; (2) allow a "customer or member of an electric provider" to create a renewable resource credit under s. 196.378 (3) (a) 1m. , Stats.; (3) include wind energy and hydroelectric energy as additional types of energy from which a renewable resource credit may be created under s. 196.378 (3) (a) 1m. , Stats.; and (4) revise ch. PSC 118 to reflect the statutory provisions regarding banking of credits. The degree of impact is expected to be wholly positive, offering greater opportunities to create renewable resource credits consistent with the Legislature's changes to s. 196.378 , Stats., under 2011 Wisconsin Act 155 .

Comparison with existing or proposed federal legislation

No comparison with federal regulations can be made because there is no federal renewable portfolio standard. Two bills proposing a national renewable portfolio standard were introduced in the 112th Congress, but neither has been enacted:

1.   Senate Bill 741, a bill to amend the Public Utility Regulatory Policies Act of 1978 to establish a renewable electricity standard, and for other purposes. Senator Tom Udall (NM) introduced the bill on April 6, 2011. The bill was then referred to Senate committee where it was read twice and referred to the Committee on Energy and Natural Resources.

2.   Senate Bill 559, Securing America's Future with Energy and Sustainable Technologies Act. Senator Amy Klobuchar (MN) introduced this bill on March 10, 2011. The bill was then referred to Senate committee where it was read twice and referred to the Committee on Finance.

There are no known federal regulations governing the creation of renewable resource credits or their equivalent.

Comparison with similar rules in surrounding states

Illinois

Under Ill. Stat. ch. 220 § 5/16-107.5 (net metering), a retail customer that owns or operates a solar, wind, or other eligible renewable electrical generating facility with a rated capacity of not more than 2,000 kilowatts that is located on the customer's premises and is intended primarily to offset the customer's own electrical requirements is treated as owning and having title to the renewable energy attributes, renewable energy credits (RECs), and greenhouse gas emission credits related to any electricity produced by the qualified generating unit.

Iowa

Iowa state law does not address ownership of RECs for net-metering customers.

Michigan

A customer or member of an electric provider may generate or own a REC, providing that the facility is certified through the Michigan Renewable Energy Certification System (MIRECS). MIRECS is a tracking system similar to Midwest Renewable Energy Tracking System, more commonly known as M-RETS. The Michigan Public Service Commission has also identified a REC aggregator who will aggregate like renewable energy that may then be purchased from retail customers or members.

Minnesota

Ownership of RECs where ownership is not addressed in power purchase agreements is not established under Minnesota Public Utility Commission rules or order; instead utilities must pursue negotiations and settlements with the owners of generation units.

Effect on small business

This rulemaking is expected to have no or minimal financial impact. All electric providers, customers or members of an electric provider, and renewable energy developers seeking to create renewable resource credits will be favorably impacted by this change, offering greater opportunities to create renewable resource credits. There is no anticipated impact on utility ratepayers.

Initial 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 electric utilities are monopolies in their service territories, they are dominant in their fields and, so, are not small businesses.

Fiscal Estimate

An Economic Impact Analysis is attached.

Contact Person

Questions regarding this matter should be directed to Preston Schutt, Docket Coordinator, at [phone] or [e-mail] . Small business questions may be directed to Anne Vandervort at [phone] or [e-mail] . Media questions should be directed to Matthew Pagel, Communications & Policy Liaison, at [phone]. Hearing- or speech-impaired individuals may also use the commission's TTY number: if calling from Wisconsin, [phone]; if calling from outside Wisconsin, [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 get this document in a different format, should contact the Docket Coordinator as indicated in the previous paragraph as soon as possible.

Text of the Rule

SECTION 1. PSC 118.01 (1) is amended to read:

PSC 118.01 (1) This chapter applies to each Wisconsin electric provider that is subject to s. 196.378 (2) (a) , Stats. , and to any member or customer of an electric provider.

SECTION 2. PSC 118.02 (1m) is amended to read:

PSC 118.02 (1m) "Certified non-electric displacement facility " means a non-electric displacement facility that the commission certifies under s. PSC 118.055 .

SECTION 3. PSC 118.02 (5) is amended to read:

PSC 118.02 (5) "Displaced conventional electricity" means electricity derived from conventional resources that an electric provider, or a customer or member of the electric provider, would have used except that the person used instead a certified non-electric displacement facility.

SECTION 4. PSC 118.02 (6g) (intro.) is renumbered 118.02 (5m) (intro.) and amended to read:

PSC 118.02 (5m) (intro.) " Non-electric Displacement facility" means any of the following when used by an electric provider, or by a customer or member of the electric provider:

SECTION 5. PSC 118.03 (2) (intro.) is amended to read:

PSC 118.03 (2) (intro.) An electric provider or customer or member of an electric provider may create an a RRC for conventional electricity displaced by the use of a non-electric displacement facility only if the non-electric displacement facility meets all of the following requirements:

SECTION 6. PSC 118.03 (2) (c) is amended to read:

PSC 118.03 (2) (c) Will replace or reduce the use of an electric device or electric service used for the same purpose at the same location as the non-electric displacement facility.

SECTION 7. PSC 118.03 (3) is renumbered 118.03 (3) (a) and amended to read:

PSC 118.03 (3) (a) An electric provider may only use the renewable portion of the production from a facility using both a renewable and conventional fuel, based on the relative energy content of the fuels, to meet a minimum percentage requirement under s. 196.378 (2) (a) , Stats. , or to create RRCs.

SECTION 8. PSC 118.03 (3) (b) is created to read:

PSC 118.03 (3) (b) An electric provider or customer or member of an electric provider may only use the renewable portion of the production from a facility using both a renewable and conventional fuel, based on the relative energy content of the fuels, to create RRCs.

SECTION 9. PSC 118.03 (5) is created to read:

PSC 118.03 (5) A customer or member of an electric provider may create a RRC in the manner described in sub. (4).

SECTION 10. PSC 118.04 (1m) (c) is amended to read:

PSC 118.04 (1m) (c) An A RRC for displaced conventional electricity is created in the year in which the use of the certified non-electric displacement facility displaces conventional electricity.

SECTION 11. PSC 118.04 (2) (fm) is created to read:

PSC 118.04 (2) (fm) Two or more customers or members of an electric provider may jointly purchase or sell a RRC.

SECTION 12. PSC 118.04 (4) and (5) are amended to read:

PSC 118.04 (4) An electric provider shall annually retire renewable energy certificates and RRCs in the renewable energy tracking system to demonstrate compliance with its minimum percentage requirement under s. 196.378 (2) (a) , Stats. When an electric provider uses an a RRC to comply with the minimum percentage requirements of s. 196.378 (2) (a) , Stats., the electric provider shall retire the RRC. When an electric provider uses a MWh of total renewable energy to comply with the minimum percentage requirements of s. 196.378 (2) (a) , Stats., the program administrator electric provider shall retire the renewable energy certificate representing the MWh of total renewable energy.

(5) Subject to commission approval, if applicable, the program administrator may establish any procedure necessary to accurately record the creation, sale, transfer, purchase and retirement of renewable energy certificates and RRCs.

SECTION 13. PSC 118.055 (title) is amended to read:

PSC 118.055 (title) Certification of non-electric displacement facilities.

SECTION 14. PSC 118.055 (1) and (2) (intro.) to (b) are amended to read:

PSC 118.055 (1) (a) An electric provider or customer or member of an electric provider may create an a RRC under s. PSC 118.03 (2) based on the use of a certified non-electric displacement facility by the electric provider, or by a customer, or member of the electric provider, to the extent that the use displaces conventional electricity. The commission shall certify non-electric facilities displacement facilities or delegate this responsibility to the program administrator. Any electric provider , customer or member of an electric provider, or owner of a non-electric displacement facility adversely affected by the decision to certify or not certify may file a complaint with the commission. The complaint shall be in writing and filed with the commission within 10 working days after service of the decision. The division administrator may settle and resolve a complaint brought under this paragraph. If the complaint cannot be resolved by mutual agreement, the division administrator shall issue a written decision. Any person adversely affected by the division administrator's written decision may, within 20 working days after its issuance, appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.

(b) The commission may permit an electric provider or customer or member of an electric provider to create an a RRC for conventional electricity displaced by use of a non-electric displacement facility before the date the facility is certified, except that the commission may not permit creation of an a RRC for displacement that occurred before June 3, 2010.

(2) (intro.) To obtain certification of a non-electric displacement facility, the electric provider, customer or member of an electric provider, or a designated representative, shall provide the following information to the commission in a format approved by the commission:

(a) The non-electric displacement facility's location, owner, technology, and date placed in service.

(b) Information that demonstrates the non-electric displacement facility meets the eligibility criteria under s. PSC 118.03 .

SECTION 15. PSC 118.055 (2) (e) and (f), and (3) to (5) are amended to read:

PSC 118.055 (2) (e) The electric provider's , customer's or member's affirmation that it has verified all of the information in pars. (a) to (d).

(f) If the electric provider applicant does not own the non-electric displacement facility, a statement signed by the facility owner that affirms the information in pars. (a) to (d) and permits the electric provider , customer or member to create RRCs from the facility.

(3) The commission or the program administrator shall inform the electric provider, customer or member, or its designated representative, whether it has certified a non-electric displacement facility for which it has received an application under sub. (2).

(4) The commission may make on-site visits to any certified unit of a non-electric displacement facility to determine its compliance with this chapter and with s. 196.378 , Stats., may request copies of all supporting documentation used to comply with this section, and may decertify any unit that it finds not to be in compliance.

(5) Nothing in this chapter obligates the owner of a non-electric displacement facility to permit the electric provider to create RRCs from the facility.

SECTION 16. PSC 118.06 (2) (b) is amended to read:

PSC 118.06 (2) (b) Create an account for each certified renewable facility or certified non-electric displacement facility that participates in the tracking system and requests a separate account.

SECTION 17. PSC 118.06 (2) (c) 1. is amended to read:

PSC 118.06 (2) (c) 1. Its electric provider's tracking system account number.

SECTION 18. PSC 118.06 (2) (cm) (intro.) and 1. are amended to read:

PSC 118.06 (2) (cm) (intro.) Upon request by the commission, register each non-electric displacement facility the commission has certified, including the following data about the facility:

1. Its electric provider's tracking system account number.

SECTION 19. PSC 118.06 (2) (d) 1m. is amended to read:

PSC 118.06 (2) (d) 1m. Issues a unique electronic certificate for each MWh of conventional electricity displaced by a certified non-electric displacement facility that complies with ss. PSC 118.03 and 118.04 , as calculated under s. PSC 118.09 . The certificate shall identify which non-electric displacement facility displaced the MWh, when the facility operated, and any other characteristics the commission finds necessary.

SECTION 20. PSC 118.06 (2) (em) is amended to read:

PSC 118.06 (2) (em) Audit registered non-electric facilities displacement facilities , as needed, to verify the amount of displaced conventional electricity.

SECTION 21. PSC 118.06 (5) is amended to read:

PSC 118.06 (5) An electric provider may not use renewable energy from a decertified renewable facility to meet the electric provider's minimum percentage requirement under s. 196.378 (2) (a) , Stats., that was produced after the facility is decertified. The program administrator may not issue RRCs for energy from a decertified renewable facility that was produced after the facility is decertified. The program administrator may not issue RRCs for conventional electricity displaced by the operation of a decertified non-electric displacement facility which displacement occurred after the facility is decertified.

SECTION 22. PSC 118.08 (3) and (4) are created to read:

PSC 118.08 (3) An electric provider or customer or member of an electric provider may not create RRCs for displaced conventional electricity based on the use of a facility for which RRCs are created under s. 196.378 (3) (a) 1. , Stats.

(4) An electric provider or customer or member of an electric provider may not create RRCs for displaced conventional electricity based on hydroelectric energy for which an electric provider is permitted to use the average amount of hydroelectric power generated by the facility under s. 196.378 (2) (b) 1m. a. , Stats.

SECTION 23. PSC 118.09 (1) to (7) are amended to read:

PSC 118.09 (1) For each calendar year, the commission shall, by order, determine the percentage of electricity from conventional resources for the entire state for purposes of calculating the amount of an a RRC to be created for displaced conventional electricity. The commission shall base this determination on the annual average mix of resources used to generate electricity in the entire area served by the Midwest Independent Transmission System Operator. The commission may, by order, also establish a different percentage for a specific type of non-electric displacement facility if its seasonal or daily operating characteristics justify a percentage that differs from the annual average percentage.

(2) The commission may, by order, establish a displacement formula for any type of non-electric displacement facility. The commission shall base any such formula on a calculation of the minimum amount of displaced electricity that would be expected in a typical calendar year under realistic operating conditions. The commission shall provide an opportunity for public comment on any such formula before the formula is established.

(3) For each calendar year, the electric provider or the user of , customer or member seeking to create RRCs from a non-electric certified displacement facility shall determine the net amount of electricity displaced by the non-electric displacement facility, using site-specific information and either the applicable formula established under sub. (2) or by subtracting the amount of electricity used by the non-electric displacement facility from the amount of electricity that would have been used for the same purposes by the electric device or electric service that was replaced by the non-electric displacement facility or that was used less due to the use of the non-electric displacement facility.

(4) If the value under sub. (3) is less than zero, the electric provider , customer or member may not create any RRCs for the non-electric displacement facility for that calendar year.

(5) The amount of conventional electricity displaced by a non-electric displacement facility in a calendar year is equal to the net amount of displaced electricity determined under sub. (3), multiplied by the applicable percentage of electricity in that calendar year that is from conventional resources as determined under sub. (1).

(6) The electric provider or the user of , customer or member creating RRCs from a non-electric displacement facility shall maintain at least three years of historical documentation of all information used in the determination made under sub. (3).

(7) For each non-electric displacement facility for which an electric provider , customer or member is creating RRCs, the electric provider , customer or member shall submit information to the commission to support its determination under sub. (3) at least annually. The commission may specify the timing and method for submitting information under this subsection. Determinations under sub. (3) are subject to the commission's review and verification.

SECTION 24. EFFECTIVE DATE. This rule 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.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title, and Number
Chapter PSC 118 Renewable resource credit tracking program.
Subject
Result of Statutory Changes Adopted in 2011 Wisconsin Act 155 Pertaining to Renewable Resource Credits.
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
The objective of the rulemaking is to amend relevant sections of ch. PSC 118 relating to renewable resource credits (RRCs) as a result of statutory changes adopted in 2011 Wisconsin Act 155, effective April 10, 2012.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units, and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This rulemaking is expected to have no or minimal financial impact. All electric providers, customers or members of an electric provider, and renewable energy developers seeking to create renewable resource credits will be favorably impacted by this change, offering greater opportunities to create renewable resource credits. There is no anticipated impact on utility ratepayers.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Under this rulemaking, a customer or member of an electric provider may create a RRC for conventional electricity displaced by the use of a displacement facility. Previously, only the electric provider could create a RRC. There is no alternative to implementing this rulemaking because the changes reflect the statutory changes adopted in 2011 Wisconsin Act 155, effective April 10, 2012.
Long Range Implications of Implementing the Rule
More RRCs will be available in the market, and can be used to meet Wisconsin's renewable portfolio standard.
Compare With Approaches Being Used by Federal Government
There is no federal renewable portfolio standard, so no comparison can be made.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Illinois Under Ill. Stat. ch. 220 § 5/16-107.5 (net metering), a retail customer that owns or operates a solar, wind, or other eligible renewable electrical generating facility with a rated capacity of not more than 2,000 kilowatts that is located on the customer's premises and is intended primarily to offset the customer's own electrical requirements is treated as owning and having title to the renewable energy attributes, renewable energy credits (RECs), and greenhouse gas emission credits related to any electricity produced by the qualified generating unit. Iowa Iowa state law does not address ownership of RECs for net-metering customers. Michigan A customer or member of an electric provider may generate or own a REC, providing that the facility is certified through the Michigan Renewable Energy Certification System (MIRECS). MIRECS is a tracking system similar to M-RETS. The Michigan Public Service Commission has also identified a REC aggregator who will aggregate like renewable energy that may then be purchased from retail customers or members. Minnesota Ownership of RECs where ownership is not addressed in power purchase agreements is not established under Minnesota Public Utility Commission rules or order; instead utilities must pursue negotiations and settlements with the owners of generation units.
Name and Phone Number of Contact Person
Lisa Farrell 608-267-9086

Notice of Hearing

Safety and Professional Services

Safety, Buildings, and Environment — General Part I, Chs. SPS 301-319

CR 13-042

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in s. 101.82 (1) , Wis. Stats., and interpreting s. 101.82 (1) , Wis. Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal ss. SPS 316.210 (a) and (c) and (5) and 316.225 (1) ; to renumber ss. SPS 316.210 (2) (b) and (6) , 316.225 (2) , (3) (b) , (4) and (5) , and 315.230 (5) ; to renumber and amend ss. SPS 316.225 (3) (a) and 316.230 (3) and (4) ; to amend ss. SPS 316.004 (1) , 316.005 Note [2], s. SPS 316.009 Note, s. SPS 316.010 , 316.022 , 316.090 (title), 316.110 , 316.220 (1) , 316.310 (title) and (intro.), 316.314 (title), 316.334 (2) (title) , 316.400 (title), 316.450 (title) and (1) , 316.511 (title), 316.620 (title), 316.675 , 316.680 (title), and 316.700 (1) (intro.) and (3) ; to repeal and recreate ss. SPS 316.007 , 316.210 (4) , 316.250 (1) , and 316.406 , and to create s. SPS 316.023 Note, ss. SPS 316.210 (6) , 316.300 (1) (a) 5. , and 316.547 relating to electrical construction.

Hearing Information

Date:   June 27, 2013
Time:   10:00 a.m.
Location:   1400 East Washington Avenue
  Room 121B
  Madison, Wisconsin

Appearances at the hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions, and argument in writing as well. Facts, opinions, and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708 or emailed to [e-mail] .

Written Comments

Comments may be submitted to James Quast, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail] . Comments must be received on or before July 5, 2013 to be included in the record of rule-making proceedings.

Copies of Proposed Rule

Copies of this proposed rule are available upon request to James Quast, Program Manager, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail] or on the Department's website at http://dsps.wi.gov .

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 101.82 (1) , Stats.

Statutory authority

Sections 101.02 (1) and 101.82 (1) , Stats.

Explanation of agency authority

Section 101.82 (1) , Stats., grants the Department of Safety and Professional Services general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the installation, repair and maintenance of electrical wiring. In addition, the statutes read, "Where feasible, the rules shall reflect nationally recognized standards."

Related statute or rule

•   Sections 101.63 (1) and 101.73 (1) , Stats.

•   Chapters SPS 361 to 366 , Wisconsin Commercial Building Code.

•   Chapters SPS 320 to 325 of the Uniform Dwelling Code.

•   Chapter PSC 114 , Public Service Commission.

Plain language analysis

The primary revisions to Chapter SPS 316 are to adopt the most current edition of the National Electrical Code ® (NEC ® ) . In addition to bringing the state electrical code up to date with modern technology, the proposed revisions clarify or supplement the electrical standards contained in the 2011 edition of the NEC ® . The proposed rules contain a number of modifications to the technical requirements within these standards, reorganization of current requirements and editorial changes. The following is a summary of the major proposed changes to this chapter:

a.   Adopt by reference the most current edition of the NEC ® and include correct cross-references to this standard. [SPS 316.007]

b.   Exclude the NEC ® requirements for arc-fault circuit-interrupter (AFCI) protection on replacement of receptacles because of the NEC ® 's delayed effective date (January 1, 2014). Wisconsin will wait a code cycle for product availability and for the resolution of issues that the new AFCI requirements will create. [SPS 316.210 (4) and SPS 316.406]

c.   Amend or repeal several Wisconsin modifications that reference the NEC ® because of changes in the 2011 edition.

Summary of, and comparison with, existing or proposed federal regulations

There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the NEC ® . An internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by this rule:

•   Title 29 CFR, Part 1910 — Occupational Safety and Health Standards . Subpart S of this regulation in the Department of Labor contains design safety standards for electrical systems, safety-related work practices and maintenance requirements, and safety requirements for special electrical equipment to safeguard employees in their workplaces. Subpart R contains industrial lighting requirements and safe practices relating to lockouts and emergency lighting requirements for the safety of employees working in special industries.

•   Title 29 CFR, Part 1926 — Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains installation safety requirements, safety-related practices, safety-related maintenance and environmental considerations, and safety requirements for special equipment necessary to safeguard employees involved in construction work.

•   Title 30 CFR, Part 75 — Mandatory Safety Standards — Underground Coal Mines. Subpart F of this regulation in the Department of Labor contains electrical safety requirements for the protection of employees working in underground coal mines.

•   Title 30 CFR, Part 57 — Safety and Health Standards — Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.

•   Title 24 CFR, Part 3280 — Manufactured Home Construction and Safety Standards. Subpart I of this regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC ® .

•   Title 7 CFR, Part 1755 — Telecommunications Standards and Specifications for Materials, Equipment, and Construction. This regulation in the Department of Agriculture applies to telecommunications wiring and equipment, and requires compliance with the NEC ® .

The Occupational Safety and Health Administration (OSHA) revised the general industry electrical installation standard found in Subpart S of Title 29 CFR, Part 1910 , effective on August 13, 2007. The Agency determined that electrical hazards in the workplace pose a significant risk of injury or death to employees, and that the requirements in the revised standard, which draw heavily from the National Fire Protection Association's (NFPA) Electrical Safety Requirements for Employee Workplaces (NFPA 70E), and the NEC ® , are reasonably necessary to provide protection from these hazards. This revised standard focuses on safety in the design and installation of electric equipment in the workplace. In the October 29, 2008, Federal Register , the Agency revised the regulatory text to clarify OSHA's scope and corrected some typographical errors.

Comparison with rules in adjacent states

An Internet-based search found that all adjacent states except Illinois adopt by reference various editions of the NEC ® .

•   Illinois does not administer a state electrical code.

•   The Iowa Department of Public Safety administers the Iowa Building Code that adopts the 2011 edition of the NEC ® with modifications.

•   The Michigan Department of Labor and Economic Growth administers the Michigan Construction Code that adopts by reference the 2008 edition of the NEC ® with modifications.

•   The Minnesota Department of Labor and Industry, Building Codes and Standards Division, administers the Minnesota State Building Code that incorporates by reference the 2011 edition of the NEC ® .

Summary of factual data and analytical methodologies

The primary methodology for updating the Wisconsin Electrical Code, ch. SPS 316 has been a review and assessment of the latest edition of the national technical standards that serve as the basis for Wisconsin code. Staff compared the changes in the 2011 edition of the NEC ® to the 2008 edition currently adopted under ch. SPS 316 and solicited code change proposals.

The department's review and assessment process involved the participation of the Electrical Code Advisory Council. The members of that Council represent the many stakeholders involved in the electrical industry including utility representatives, inspectors, labor and building contractors. The Council reviewed and discussed 37 code change proposals at its meetings.

The department believes the national model codes reflect current societal values with respect to safeguarding people and property from hazards arising from the use of electricity.

The 2011 edition of NFPA 70 ® , NEC ® is the most adopted code in the United States. Part of the National Fire Codes series published by the National Fire Protection Association (NFPA), the 2011 NEC ® sets the benchmark for safe electrical design, installation, and inspection. The NEC ® is developed by NFPA's committee on the National Electrical Code, which consists of 20 code-making panels and a technical correlating committee. The NEC ® is approved as an American National Standard by the American National Standards Institute (ANSI). First published in 1897, the NEC ® is updated and published every 3 years. Most states adopt the most recent edition within a year of its publication to safeguard people and property.

More information on the development of this national model code may be obtained from the NFPA web site at www.nfpa.org or from the NEC ® web site at www.necplus.org .

The Department has ensured the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

The department used the Electrical Code Advisory Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the NEC ® . Many small businesses belong to the industry associations that sit on the advisory council. A responsibility of council members is to bring forth concerns that their respective organizations may have with the requirements including economic impact.

The proposed rule changes also were shared with the Commercial Buildings Code Council, Uniform Dwelling Code Council and Multifamily Dwelling Code Council.

In addition to posting rule development and council activities on the department's web site, the department offers an email subscription service that is available to all small businesses and concerned interests. This service provides email notification of council meetings, meeting agendas, and council meeting progress reports so interested parties can follow proposed code changes.

Adopting the most current edition of the NEC ® will not impose a significant impact on small businesses involved in the inspection, maintenance, service, and installation of electrical wiring.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

The proposed rules update the Electrical Code, ch. SPS 316 , to reference the 2011 edition of the National Electrical Code ® . Currently, the Electrical Code references the 2008 edition.

No reporting, bookkeeping, and other procedures required for compliance with the rules.

No professional skills are required for compliance with the rules above those needed under the current rules.

Effect on Small Business

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] , or by calling [phone].

Environmental Assessment

The Department has considered the environmental impact of the proposed rules. In accordance with ch. SPS 301 , the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Agency Contact Person

James Quast, Program Manager , [e-mail] , [phone] or by telecommunications relay services at 711.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title, and Number
Chapter SPS 316, Electrical
3. Subject
Electrical Construction
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165 (2) (j)
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		X Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes     X No
9. Policy Problem Addressed by the Rule
The Department is responsible for establishing standards for electrical wiring. Under s. 101.82 (1), Stats., the rules are to reflect nationally recognized standards. The electrical wiring rules of chapter SPS 316 adopt and reference the 2008 edition of the National Electrical Code ® , (NEC ® ) . The current edition of the NEC ® is 2011. The rules propose to update and use the 2011 edition of the NEC ® as the basic electrical wiring standards under ch. SPS 316.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The rules will affect any building, structure, or premises where the installation of electrical wiring will be undertaken, other than those buildings, structures, or premises regulated by the Public Service Commission. The rules will also affect any designer, installer, or inspector of electrical wiring along with owners and frequenters of buildings, structures, or premises where electrical wiring is installed. Any entity involved with the electrical industry will be affected.
11. Identify the local governmental units that participated in the development of this EIA.
The Department did not receive any comments or information specifically from any local governmental units during the solicitation period. Two inspector associations, Southeastern Wisconsin and East Central Wisconsin, indicate that they believed that there was no significant negative impact.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units, and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The proposed rules referencing and adopting the 2011 edition of the National Electrical Code ® , (NEC ® ), do not impose any new or additional submission or reporting obligations. The rules were developed with input from an advisory council that includes representatives of electricians, contractors, inspectors, and state agencies. Drafts of the rules were also shared with advisory councils for the commercial building code and the uniform dwelling code. A notice soliciting comments for the EIA was posted on the Department's web site and the Wisconsin Administrative Rule web site.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The proposed rules referencing and adopting the 2011 edition of the National Electrical Code ® , (NEC ® ) , would provide a degree of protection for the safety of the public equivalent to that established by a national consensus model (code). The latest NEC ® is also used by manufacturers to design and construct electrical components, devices, and equipment. Leaving the code to reference an out-of-date edition would potentially increase the risk to public safety by setting lower design, operational, and maintenance thresholds in comparison to published engineering practices.
14. Long Range Implications of Implementing the Rule
No long range implications of implementing the rule are anticipated.
15. Compare With Approaches Being Used by Federal Government
There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the NEC ® . An internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by this rule: •   Title 29 CFR, Part 1910 — Occupational Safety and Health Standards. Subpart S of this regulation in the Department of Labor contains design safety standards for electrical systems, safety-related work practices and maintenance requirements, and safety requirements for special electrical equipment to safeguard employees in their workplaces. Subpart R contains industrial lighting requirements and safe practices relating to lockouts and emergency lighting requirements for the safety of employees working in special industries. •   Title 29 CFR, Part 1926 — Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains installation safety requirements, safety-related practices, safety-related maintenance and environmental considerations, and safety requirements for special equipment necessary to safeguard employees involved in construction work. •   Title 30 CFR, Part 75 — Mandatory Safety Standards — Underground Coal Mines. Subpart F of this regulation in the Department of Labor contains electrical safety requirements for the protection of employees working in underground coal mines. •   Title 30 CFR, Part 57 — Safety and Health Standards — Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines. •   Title 24 CFR, Part 3280 — Manufactured Home Construction and Safety Standards . Subpart I of this regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC ® . •   Title 7 CFR, Part 1755 — Telecommunications Standards and Specifications for Materials, Equipment, and Construction. This regulation in the Department of Agriculture applies to telecommunications wiring and equipment, and requires compliance with the NEC ® . The Occupational Safety and Health Administration (OSHA) revised the general industry electrical installation standard found in Subpart S of Title 29 CFR, Part 1910, effective on August 13, 2007. The Agency determined that electrical hazards in the workplace pose a significant risk of injury or death to employees, and that the requirements in the revised standard, which draw heavily from the National Fire Protection Association's (NFPA) Electrical Safety Requirements for Employee Workplaces (NFPA 70E), and the NEC ® , are reasonably necessary to provide protection from these hazards. This revised standard focuses on safety in the design and installation of electric equipment in the workplace. In the October 29, 2008, Federal Register , the Agency revised the regulatory text to clarify OSHA's scope and corrected some typographical errors.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
An Internet-based search found that all adjacent states except Illinois adopt by reference various editions of the NEC ® . •   Illinois does not administer a state electrical code. •   The Iowa Department of Public Safety administers the Iowa Building Code that adopts the 2011 edition of the NEC ® with modifications. •   The Michigan Department of Labor and Economic Growth administers the Michigan Construction Code that adopts by reference the 2008 edition of the NEC ® with modifications. •   The Minnesota Department of Labor and Industry, Building Codes and Standards Division, administers the Minnesota State Building Code that incorporates by reference the 2011 edition of the NEC ® .
17. Contact Name				18. Contact Phone Number
James Quast				[phone]

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