The Public Service Commission (PSC) of Wisconsin regulates Wisconsin’s utilities, including the routing, siting and authorization of ATC's transmission line proposals. A three-member board (the Commission), appointed by the governor, makes decisions for the agency using analysis provided by a technical staff with a wide range of specialties. The PSC staff analyzes the transmission line application for need and potential impacts. The size and complexity of the proposed project will determine the PSC review process. The PSC considers alternative sources of supply and alternative locations or routes, as well as need, engineering, economics, safety, reliability, individual hardships, and environmental factors when reviewing a transmission project. An applicant must receive a Certificate of Public Convenience and Necessity (CPCN) from the Commission for a transmission project that is either:
• 345 kilovolts (kV) or greater; or,
• less than 345 kV but greater than or equal to 100 kV
,• over one mile in length, and needing some new right-of-way (ROW)
The CPCN review process includes a public hearing in the affected project area. Transmission line projects that do not fall into one or more of the above, must receive a Certificate of Authority (CA) from the Commission when the cost of the project is above a certain percent of the utility’s annual revenue. The CA review process does not automatically include a public hearing.
Determination of Need
The PSC has in place a planning process called the Strategic Energy Assessment (SEA) that looks seven years into the future at anticipated growth in energy demand, new construction, the need to purchase power from outside sources and the types of fuels that will be used by utilities. The purpose of the SEA is to evaluate the adequacy and reliability of the state's current and future electrical supply, and the possible projects that may be needed to keep up with demand.
When a utility files an application seeking authorization to build a transmission line or other electric facilities, it must provide documentation to support the need for the project. However, the PSC staff of experts also will conduct a need analysis, independent of the utility's documentation of need.
Route Selection and Alternatives
ATC must provide in its appllication information on possible routes. More than one route must be proposed for projects that require a CPCN. With input from the public and a compresentive analysis of many corridors, ATC will generally designate a preferred and an alternate route in applications, and will often include various segment alternatives. The PSC treats all routes equally during its review of the application. Potential impacts to aesthetics, farm operations, airports, archeological/historical sites, protected species, forests, waterways, and community resources are reviewed. The PSC also examines the potential for locating new lines adjacent to railroads and roads, or within existing utility corridors. The route finally chosen may be ATC's preferred route, a combination of reasonable routes, or a variation of a route suggested by a member of the public. The Commission selects the route when it issues an order granting the CPCN or CA.
The PSC Public Notification Letter and Scoping Meetings
After an application is filed with the PSC, the public is notified that the review process is beginning. Usually, the PSC sends a public notification letter to all property owners on or near the proposed ROW, as well as local government officials, local libraries, the media, and other agencies and interested persons. This notification briefly describes the project, includes a map, and identifies the level of environmental review the project will require, lists places where copies of the application are available for review, and gives contact information for comments and questions. The PSC may hold a project scoping meeting after notifying the public about the project. A project scooping meeting is not a hearing. It is an informal event that gives the public a chance to learn about the proposed project, ask questions, and talk directly with ATC representatives and PSC staff. The meetings may be held one or more times during the review process and are held in the area of the proposed project. The public is encouraged throughout the process to contact the PSC staff and submit comments regarding the project.
The PSC Hearing for Projects that require a CPCN
Not all electric transmission cases require PSC hearings. However, for cases that do require a hearing, members of the public are encouraged to testify to their views and concerns about the project. When a hearing is held, the Commission decisionon a project must be based only on the information in the testimony or exhibits of the hearing--provided by ATC, the public, and other parties to the case. All testimony is recorded by a court reporter and becomes part of the permanent “record” used by the Commission in making its decision. Discussion and comment letters are not part of the record and cannot be used as a basis for the decision. The Notice of Hearing is mailed to everyone on the PSC project mailing list, along with additional individuals who have since requested to be placed on the mailing list.
PSC Decision
The Commission is responsible for making the final decision about proposed transmission lines. The Commission reviews all testimony from PSC staff, the applicant, DNR staff, full parties, and members of the public. The three Commissioners meet regularly in “open meetings” to decide cases before them. At these open meetings, transmission line proposals are approved, denied, or modified. The Commission decides whether the line will be built (whether it's needed), how it is designed, and where it will be located. The meetings are open to the public for observation, but not public comments. The Commission’s decision on an ATC proposal is described in a written order to ATC..
How to Get Involved
• Read the notification letter
• Review the construction application
• Attend the public information meetings organized by ATC
• Attend the PSC scoping meetings
• Verify that you are on the PSC mailing list
• Ask questions of the utility, DNR, and PSC staff
• Submit comments to the PSC
• Read and comment on the EIS, if one is prepared
• Testify at the PSC hearing
For More Information Contact: Public Service Commission 610 N. Whitney Way P.O. Box 7854 Madison, WI 53707-7854 608-266-5481 TTY: 608-267-1479 Fax: 608-266-3957
|