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Chapter PSC 4 11

PSC 4.10
PUBLIC SERVICE COMMISSION
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
Register, April, 2007, No. 616
Chapter PSC 4
ENVIRONMENTAL ANALYSIS
PSC 4.05
Definitions.
PSC 4.10
Categorizing commission actions.
PSC 4.20
Environmental assessment procedures.
PSC 4.30
Environmental impact statement procedures.
PSC 4.35
Supplemental documents.
PSC 4.40
Generic environmental assessments and environmental impact state-
ments.
PSC 4.50
Public hearing on proposed actions.
PSC 4.60
Interagency cooperation.
PSC 4.70
Project applications.
PSC 4.80
WEPA coordinator.
Note:
Chapter PSC 4 establishes procedures to provide the public service commis-
sion of Wisconsin with adequate information on the shortterm and longterm envi-
ronmental effects of its actions, as required by the Wisconsin Environmental Policy
Act, ch. 274, section 1, laws of 1971 and s. 1.11, Stats.
PSC 4.05
Definitions.
In this chapter:
(1)
Cogeneration facility means a type of electric genera-
tion facility that simultaneously generates electrical power and
useful heat from the same primary fuel source.
(2)
Commission means the public service commission of
Wisconsin.
(2m)
Constructing an electric transmission line means
either of the following:
(a) Installing new conductors, insulators, and structures.
(b) Adding an additional circuit to an existing electric trans-
mission line.
(3)
Distribution line means an electric line whose main
function is to deliver energy from a distribution substation to indi-
vidual customers.
(4)
Distribution substation means an electric substation
whose primary function is to transform the voltage of incoming
power to the primary distribution voltage.
(5)
Electric energy storage facility means a supply facility
that does not transform fuel or energy into electricity, but stores
electricity or power capable of being transformed into electricity,
including:
(a) A magnetic energy storage system.
(b) A battery.
(c) Pumped water.
(6)
Electric generation facility means a physical plant used
for generating electrical power and includes multiple generating
units installed over time as part of an overall development project.
It also includes situations, such as wind farms, where multiple
small generators are installed as part of a single, overall project.
In the case of multiple units at a single site or proximate sites, the
environmental review will be predicated on the total project rather
than unit by unit.
(7)
EA means an environmental assessment.
(8)
EIS means an environmental impact statement.
(9)
Human environment means the natural or physical envi-
ronment and the relationship of people with that environment.
(10)
kV means kilovolt.
(11)
MW means megawatt.
(12)
Person has the meaning specified in s. 990.01 (26),
Stats. Person also includes the state of Wisconsin and its politi-
cal subdivisions.
(13)
Rebuilding an electric transmission line means modi-
fying an existing electric transmission line to increase its capacity
to carry current at the same voltage, including changing conduc-
tors, insulators or structures.
(14)
Scoping means a process by which the commission
requests other agencies and the public to help identify major envi-
ronmental issues and how they will be addressed in an EIS.
(15)
Upgrading an electric transmission line means modi-
fying an existing electric transmission line to increase its capacity
to carry current and increasing its voltage, including changing
conductors, insulators or structures.
(16)
WEPA means the Wisconsin Environmental Policy
Act, chapter 274, section 1, laws of 1971, and s. 1.11, Stats.
History:
Cr. Register, July, 1995, No. 475, eff. 8195; am. (1), (6), (9), (13) and
(15), cr. (2m), Register, June, 2000, No. 534, eff. 7100.
PSC 4.10
Categorizing commission actions.
(1)
T
YPE
I
ACTIONS.
Type I actions are major actions that signifi-
cantly 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 com-
mission 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)
T
YPE
II A
CTIONS.
Type II actions are proposed actions
involving requests for commission approval that have the poten-
tial 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)
T
YPE
III A
CTIONS.
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 prepa-
ration of an EA or EIS is warranted for that proposal. Type III
actions are listed in Table 3.
(3m)
A
CTIONS

NOT

REQUIRING

ENVIRONMENTAL

ASSESSMENT.
(a) Commission actions not specified under sub. (2) do not nor-
mally 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)
C
ATEGORIZING

TRANSMISSION

LINES.
If an electric trans-
mission line is designed with a combination of the structure height
and strength, line insulators, rightofway 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 environmen-
tal review under this section is based on the lines potential higher
voltage level. 12

PSC 4.10
WISCONSIN ADMINISTRATIVE CODE
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
Register, April, 2007, No. 616
(5)
R
EASONABLE

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 alter-
native 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. 8195; am. (1) to (3), renum. (5)
to be (5) (a) and am., cr. (5) (b), Register, June, 2000, No. 534, eff. 7100.
PSC 4.20
Environmental assessment procedures.
(1)
G
ENERAL

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 per-
mit a reasonably informed preliminary judgment of the environ-
mental 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 environ-
ment, within the meaning of s. 1.11 (2) (c), Stats., for which an EIS
is required.
(1m)
P
UBLIC

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 indi-
cate how comments may be submitted. The announcement shall
specify a public comment period lasting at least 10 days, begin-
ning on the date the announcement is distributed. The commis-
sion shall distribute its announcement that an EA is being pre-
pared to:
(a) Any person with a demonstrated interest or who has
requested to receive this type of information.
(b) Area legislators.
(c) For a proposed action affecting a local area:
1. The county clerk