Section 4.10. Categorizing commission actions.

 

(1)   Type I actions. Type I actions are major actions that significantly affect the quality of the human environment, within the meaning of s. 1.11 (2) (c) , Stats. The commission shall prepare an EIS on any of the proposed actions involving a request for commission approval, categorized as Type I actions, listed in Table 1. The commission shall also prepare an EIS for actions not listed in Table 1 that it determines are Type I actions.

(2)   Type II Actions. Type II actions are proposed actions involving requests for commission approval that have the potential to significantly affect the quality of the human environment, within the meaning of s. 1.11 (2) (c) , Stats. Unless the commission decides an EIS is necessary, the commission shall prepare an EA on any of the proposed actions involving a request for commission approval, categorized as Type II actions, listed in Table 2.

(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.

(3m)   Actions not requiring environmental assessment.

(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) .

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

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

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.

(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.

(5)   Reasonable alternative proposals.

(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.

(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.

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.