Public Service Commission advances proposed rule to update individual electric metering

The Public Service Commission voted Feb. 12, 2025, to approve a notice of hearing and to direct commission staff to file proposed revisions to Wisconsin Administrative Code chapter PSC 113 that govern individual electric metering in multiunit properties.

The vote, taken at the commission’s open meeting, was unanimous. Chair Strand said she supports moving the draft forward "as is today, so we can get to the next step in the process," while noting that final language may change after additional public and legislative feedback.

The proposed rule updates requirements first adopted in 1980 in response to the federal Public Utility Regulatory Policies Act of 1978 (PURPA). Commission staff and members said the revisions aim to reflect technological and market changes since then, add clarity and flexibility to waiver standards, and better accommodate on-site renewable generation in some circumstances.

Chair Strand outlined the rulemaking timeline before the vote. The commission accepted a statement of scope on April 20, 2023, which the governor’s office approved and that was published in the Wisconsin Administrative Register in May 2023; the commission again approved the statement of scope on July 20, 2023. The commission issued a request for comment on the economic impact analysis on Aug. 7, 2024, with an Aug. 23, 2024 deadline, and staff completed statutorily required housing-impact evaluations under Wis. Stat. § 227.11. The proposed rule now moves to the Legislative Council for review, and the commission expects to hold a public hearing and open a public comment period in mid‑March 2025.

Commissioner Nieto described the draft as a useful baseline for further comment: "I think the draft that we have right now, for an initial draft, is striking a good balance for this prep this point in the process and it's giving us a baseline for, commenters and, others to come in and give us specific, constructive suggestions on modifications," he said. Commissioner Hawkins said she was "comfortable and I agree with what commissioner Nieto just said" and that she would defer additional suggestions until the hearing and comment period.

Commission staff and at least one member of the commission’s counsel staff sought a clarification about an internal choice labeled in the draft as an "alternative 1" regarding how the draft treats on‑site renewable energy in two sections of the proposed rule. Cindy (staff member) asked for clarification: "It does appear there's an alternative 1 where there is a, selection to be made ... whether you want that to apply to section 4, section 5, both section 4 and 5." Commissioners indicated that, for the purposes of advancing the draft, approving the proposal as written would accept both sections.

The commission emphasized that today’s vote does not finalize rule text. Chair Strand repeatedly framed the decision as a procedural step that will allow additional stakeholder input: "My support of this version should not be misconstrued as a final endorsement of any specific path or language," she said.

Votes at a glance from the Feb. 12 open meeting (all motions recorded as approved unless noted): the commission approved the minutes of the Jan. 23, 2025 open meeting; approved notices of investigation associated with agenda items 2–12; approved notices of proceeding associated with agenda items 13–19; agreed to dismiss the complaint in docket 9300‑PLI‑132 by joint execution of a consent agreement accepting a proposed consent agreement that assesses a forfeiture against Fisher Excavating Incorporated of $6,250 plus a $625 surcharge to Diggers Hotline; and approved the notice of hearing and directed staff to make necessary filings in docket 1‑AC‑257 (the PSC 113 individual metering rulemaking). The meeting concluded with a motion to adjourn; the next open meeting is scheduled for Feb. 20, 2025, at 10:30 a.m.

Why this matters: rules governing individual electric metering affect how tenants and owners in multiunit properties are billed, when utilities can separately disconnect service to individual units, and how on‑site generation is treated for billing and waiver requests. Commissioners and staff said the existing waiver framework is outdated and that the commission has received a growing number of unique waiver requests that do not fit the current standard; the proposed rule is intended to allow more consistent, transparent handling of those requests.

What happens next: the draft will be submitted for Legislative Council review and the commission will hold a public hearing and comment period (expected in mid‑March). The commission said it will review comments and legislative feedback, draft a legislative report if required, and then return a final rule and report to the full commission for potential further modification and final approval. After final commission approval the rule would be transmitted to the governor’s office and then to the chief clerks of the legislature as required by state rulemaking law.