Public Service Commission moves proposed revisions to individual electric metering to public hearing

The Public Service Commission on Feb. 12 voted to approve a notice of hearing and direct staff to make filings to advance proposed revisions to Wisconsin Administrative Code chapter PSC 113, the rules governing individual electric metering.

The commission’s action moves docket 1-AC-257 to the next stage of rulemaking, sending the proposed rule language to the Legislative Council for review and opening a public hearing and comment period expected around mid‑March. "I am supportive of moving this proposed rule forward as is today, so we can get to the next step in the process," Chair Strand said at the meeting.

The proposed revisions would update a rule first promulgated in 1980 in response to the Public Utility Regulatory Policies Act of 1978 (PURPA). Commissioners said the current waiver framework for individual metering is outdated, lacks flexibility, and has generated a growing number of waiver requests that present circumstances not well covered by the existing standard.

"This goal the goal of this proposed rulemaking is to update existing provisions of Wisconsin administrative code PSC 113.0803 in consideration of the significant energy and technology evolutions and advancements that have occurred over the last 40 plus years," Chair Strand said, explaining the intent to add clarity, simplicity and flexibility to the rule.

Commissioners emphasized that approval at this meeting was procedural and not a final endorsement of specific language. "Voting to approve this proposed rule without modification today merely moves it along to the next steps in the process," Chair Strand said, adding that the commission will consider further modifications after public comment and Legislative Council feedback.

Commissioner Nieto said the draft provides a useful baseline for more detailed, substantive comments from stakeholders and utilities, and expressed confidence the public hearing will produce constructive suggestions. "I think the draft that we have right now, for an initial draft, is striking a good balance for 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," Nieto said.

Commissioner Hawkins, participating virtually, said she was comfortable joining the other commissioners in moving the draft forward and looked forward to the input the commission will receive during the hearing and comment period.

Meeting discussion also included procedural clarifications about alternatives in the draft related to the treatment of on‑site renewable energy. Cindy, identified at the meeting as counsel, asked for a clarification on whether an alternative applied to section 4, section 5, or both; commissioners indicated accepting the draft as presented would take both.

The commission outlined recent rulemaking steps and related dates: the statement of scope was accepted April 20, 2023, approved by the governor’s office and published in the Wisconsin Administrative Register in May 2023, and the commission approved the statement of scope on July 20, 2023. A request for comment on the Economic Impact Analysis (EIA) was issued Aug. 7, 2024, with an Aug. 23, 2024 deadline. Commission staff also completed an evaluation of potential housing impacts under Wisconsin Stat. § 227.11.

Next steps identified by staff and commissioners include Legislative Council review, a public hearing and comment period (anticipated in mid‑March), review of the hearing record and Legislative Council feedback, drafting a legislative report, and returning a final rule and legislative report to the full commission for possible further modification and final approval. If the commission adopts a final rule, it would then be sent to the governor’s office and, if approved, to the chief clerks of the legislature.

Votes at a glance

- Approve notice of hearing and direct staff to file for docket 1-AC-257 (proposed revisions to PSC 113): motion passed, unanimous (Chair Strand — yes; Commissioner Nieto — yes; Commissioner Hawkins — yes).

Other formal actions during the meeting

- Approve minutes of the open meeting of Jan. 23, 2025: motion passed, unanimous. - Approve notices of investigation associated with agenda items 2–12: motion passed, unanimous. - Approve notices of proceeding associated with agenda items 13–19: motion passed, unanimous. - Docket 9300-PLI-132 (Fisher Excavating, Inc.): the commission agreed to dismiss the complaint by joint execution of a consent agreement and accepted the proposed agreement assessing a forfeiture of $6,250 and a $625 surcharge to Diggers Hotline; motion passed, unanimous.

The chair and commissioners repeatedly described the rulemaking as an early‑to‑middle stage process with multiple opportunities for public and stakeholder engagement before any final rule is adopted. The commission scheduled its next open meeting for Feb. 20, 2025, at 10:30 a.m.