Section 133.03. When commission authorization or notification is required.

 

(1)   Construction, installation, or use. Except as provided in s. PSC 133.07 (2m) , a gas public utility shall obtain a certificate of authority before constructing, installing, or placing in operation any of the following:

(a) Plant for furnishing service in a municipality in which the utility has not been authorized to serve by the commission.

(b) A production, mixing, standby, peak shaving, or storage plant or a principal gas manufacturing or mixing unit or any equipment designed to materially change the rated or nominal output characteristics of such a plant or unit.

(c) Plant installed for use as intrastate pipeline facilities to deliver gas to another gas public utility, an interstate or intrastate gas pipeline company, or a cooperative association.

(d) A new or altered existing plant for the purpose of bringing in a new type of gas or to supply a different type of gas to the public, as described in s. 196.49 (5) (a) , Stats.

(e)

1. A single gas pipeline project and associated plant, or any plant or addition to plant the cost of which exceeds the cost threshold specified in s. 196.49 (5g) (a) , Stats., as revised under subd. 2. , except for any of the following:

a. Plant installed in accordance with filed extension rules and rates.

b. Plant installed in compliance with commission orders.

c. Gas pipelines and associated plant ordered to be relocated or modified to accommodate highway or airport construction.

2. Beginning on May 1, 2014, and on May 1 of each successive even-numbered year thereafter, the commission shall adjust the cost thresholds in s. 196.49 (5g) (a) , Stats., to reflect changes to the cost of gas utility construction based on the applicable industry cost index numbers published in the "Handy-Whitman Index of Public Utility Construction Costs."

3. The commission shall notify all gas utilities of the resulting adjusted cost limits by May 15 of each even-numbered year and shall publicize the adjusted cost limits on the commission's website. If the Handy-Whitman Index is no longer available, an equivalent successor index may be used which is generally recognized by the gas industry and acceptable to the commission.

(f) A gas pipeline or plant in a newly created municipality or newly annexed or consolidated area, unless the utility already owns service facilities in the area and the exclusive right to serve a specified part or area has been established.

(2)   Change in gas. Except as provided in par. (b) , a gas public utility shall obtain a certificate of authority before doing any of the following:

(a)

1. Substituting one kind of gas for another, as described in s. 196.49 (5) (a) , Stats.

2. Changing the heating value or specific gravity of the gas normally supplied to customers in excess of variation permitted in s. PSC 134.21 .

(b) Paragraph (a) does not apply when a gas public utility uses cylinders of gas in order to keep customers in service temporarily during repairs, replacements, or modifications to the gas distribution system.

(3)   Notification required.

(a) Unless a gas public utility is required to obtain a certificate of authority, it shall notify the commission of any of the following projects using the notification procedure in par. (b) :

1. Connection of service to a customer that appears to be a master meter system operator.

2. Making a new connection to an interstate or intrastate gas pipeline.

(b) A gas public utility desiring to proceed with a project identified under par. (a) shall file a notification with the commission at least 15 days, or as soon as practicable, before it intends to begin construction of the project. The notification shall include a brief description and location of the project.

History: Cr. Register, February, 1959, No. 38 , eff. 3-1-59; renum. (1) (g) to (i) to be (h) to (j) and am. (1) (h) and (i), cr. (1) (g), Register, December, 1984, No. 348 , eff. 1-1-85; CR 07-020 : cr. (2) (b) and (3), r. and recr. (1) and (2) (intro.), am. (1) (a), r. (1) (b), (e), (g) and (i), renum. (1) (c), (d), (f), (h) and (j) to be (1) (b), (c), (d), (e) and (f) and am., renum. (2) (a) and (d) to be (2) (a) 1. and 2. and am. Register October 2007 No. 622 , eff. 11-1-07; CR14-053 : renum. (1) (e) to (1) (e) 1. and am. (intro.), cr. (1) (e) 2., 3. Register April 2015 No. 712 , eff. 5-1-15; CR 15-003 : am. (1) (intro.), (2) (b), (3) (a) (intro.), (b) Register September 2015 No. 717 , eff. 10-1-15.

Note

The commission maintains or has access to the Handy-Whitman Index of Public Utility Construction Costs and this reference or a copy may be reviewed by contacting the commission's offices. Microsoft Windows NT 6.1.7601 Service Pack 1