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Public Service Commission denies Cooley Cap request for permanent single‑meter waiver
Summary
The Wisconsin Public Service Commission voted to deny Cooley Cap Inc.’s request for a permanent waiver from individual electric metering requirements, citing insufficient evidence that tenant-controlled usage would be minimal and concerns about creating inconsistent precedent while a rule rewrite is pending.
At an open meeting of the Public Service Commission, commissioners voted to deny Cooley Cap Inc.’s request for a permanent waiver of individual electric metering requirements in docket 4220‑EI‑113.
The commission’s chair, Chair Strand, said the commission is currently rewriting the administrative rule that governs individual metering and urged caution so interim decisions do not “create an inconsistent patchwork of waiver requirement and request circumstances” or expose the commission to legal risk. Strand said the existing rule, PSC 113.0803, sets a high bar that the record in this case did not meet and recommended denial. "We need strong, real, actual evidence and justification to grant waivers and that just is not in this record," Chair Strand said.
The denial turned on the rule’s two-part standard for a permanent waiver: that electrical equipment under tenant control be substantially more efficient than required by applicable codes, and that overall electric usage under tenant control be minimal. Commissioners who voted to deny said the record showed tenants would control multiple energy end‑uses—lighting, refrigeration, laundry and temperature controls—so overall usage under tenant control was not demonstrated to be minimal. Several commissioners also expressed concern about relying on speculative federal solar funding to meet the minimal‑usage element.
Commissioner Hawkins dissented. Hawkins argued the project’s building design and mechanical systems demonstrably limit tenant control of electricity, describing a centralized VRF heating, ventilation and air‑conditioning arrangement in which tenants are limited to a narrow comfort range and do not directly control electrical draw. "Tenants do not control their electric usage for HVAC; they are bound by a range of temperatures that is controlled by Cooley Cap," Hawkins said, adding the applicant supplied real‑world evidence of low individual bills from similar projects and high scores on energy‑efficiency applications.
Other commissioners said the applicant did a good job showing efficiency but fell short on evidence for the minimal‑usage prong. Commissioners who favored denial repeatedly referenced the pending rulemaking (docket 1‑AC‑257) and said it would be inappropriate to broaden waiver practice while the commission is revising PSC 113.0803.
The motion to deny the waiver (docket 4220‑EI‑113) passed after a second; one commissioner registered opposition during the roll call.
Votes at a glance: docket items and formal actions taken during the meeting
- Approved minutes of the open meeting of Thursday, 03/06/2025 (motion moved and seconded; recorded as approved). - Approved notices of investigation associated with agenda items 2–6 (motion moved and seconded; recorded as approved). - Approved notices of proceeding associated with agenda items 7–10 (motion moved and seconded; recorded as approved). - Docket 9300‑PLI‑130: agreed to dismiss a complaint by joint execution of a consent agreement with the respondent and accepted the consent agreement as drafted (motion moved and seconded; recorded as approved). The consent agreement requires Northwest Communications Incorporated to pay a $2,750 forfeiture to the commission and a $275 surcharge to Diggers hotline within 45 days of the commission’s order and to attend an educational course under WISTAT section 182.0175 sub 3 BR 4; interest applies to late payment. - Docket 5820‑DR‑100: approved the proposed acquisition consistent with the commission secretary’s description (motion moved and seconded; recorded as approved). - Docket 4220‑EI‑113: moved, seconded and passed to deny Cooley Cap Inc.’s waiver request under PSC 113.0803 (one commissioner opposed).
The commission noted the rulemaking docket (1‑AC‑257) remains open and encouraged stakeholders to submit comments before the public comment period closes.
Ending
Commissioners said they are hopeful rule changes will address many of the recurring meter‑waiver issues. With no further business, the commission adjourned and scheduled its next meeting for Thursday, 03/20/2025 at 10:30 a.m.
