PSC Cases


Public Service Commission
Retirement of Coal-fired Power Plants
Docket 05-EI-150

The PSC will investigate whether any coal-fired power plants operating in Wisconsin should be retired due to a surplus of power.  CUB called for this investigation as part of our intervention in docket 05-UR-104, a rate case for establishing rates for We Energies for 2010.  This investigation will likely take place during 2010.  CUB intends to participate.


Public Service Commission
Strategic Energy Assessment
Docket 05-ES-105 


In the summer of 2010, the PSC will issue a draft of its latest assessment of Wisconsin's supply of electricity.  CUB will submit comments on the draft, urging the PSC to re-establish a better energy planning process.  CUB intends to participate.

Public Service Commission
Quadrennial Planning Process for Energy Efficiency
Docket 05-GF-191

On October 23, 2009, the PSC opened this investigation in order to establish goals and funding levels for Focus on Energy, Wisconsin's statewide energy efficiency program.  CUB is participating in this docket to make sure appropriate goals and funding are established to support Focus on Energy and its energy efficiency programs.  CUB submitted joint comments along with Clean Wisconsin and RENEW Wisconsin on November 23, 2009, providing answers to questions posed by the PSC regarding policy issues affecting energy efficiency.  This case will likely conclude by the end of 2010.

Public Service Commission
"Decoupling"
Docket 05-UI-114


On June 3, 2008, the PSC opened an investigation into whether ratepayers would benefit if utilities were able to "decouple" revenues from sales of electricity and gas.  Decoupling is a controversial issue, because it can reduce risk for utilities regarding recovery of revenues from ratepayers, but this reduced risk may not be factored into reduced utility profit levels (less risk should result in lower profits).  Proponents argue that decoupling could make utilities more willing partners in energy efficiency programs.  CUB, along with Clean Wisconsin and RENEW Wisconsin, submitted comments on July 22, 2008. Activity in this docket may resume in 2010.


Public Service Commission
Rate Design
Docket 05-UI-116


On May 16, 2008, the PSC opened an investigation in alternative rate designs and load management.  CUB, along with Clean Wisconsin and RENEW Wisconsin, may submit comments in 2010, assuming activity in the case resumes.


Public Service Commission
Energy Efficiency Goals
Docket 05-UI-115


On April 3, 2008, the PSC opened an investigation regarding the budget for the Focus on Energy program, and to establish goals for the amount of energy to be saved through the program.  CUB, Clean Wisconsin and RENEW Wisconsin submitted joint comments on May 26, 2009 and June 15, 2009.  Activity in this docket may resume in 2010.


Public Service Commission
Telephone Deregulation
Docket 05-TI-1777


The PSC has opened an investigation regarding whether and to what extent regulations for local telephone service should be changed.  CUB submitted comments on March 25, 2008 asking that the PSC consider policies that would make broadband Internet service more available and more affordable.  CUB also suggested that consumer protections for any type of telecommunication service should be strengthened. CUB attended a PSC technical conference on May 28, 2008.  CUB's expert witness Mark Cooper met with PSC staff on September 25, 2008 to provide staff with CUB's viewpoint regarding universal service and broadband.  The PSC has delayed issuing a draft report due to pending decisions by the Federal Communications Commission.

Public Service Commission
Utility Recovery of Deferred MISO Day 2 Costs
Docket 05-EI-139


In the summer of 2006, the PSC opened this docket to determine whether and how utilities should be able to recover costs that they have accumulated due to the regional electricity market administered by the Midwest Independent Transmission System Operator (MISO).  CUB intervened to make sure that the utilities don't try to rig the methodology in a way that would raise rates to recover costs already included in rates. On August 30, 2007, the Commission ordered that to recover deferred MISO day 2 costs a utility must demonstrate in its next full rate case an overall increase in costs as a result of MISO Day 2.  The Commission also ordered that utilities may not defer MISO costs unless they also defer MISO revenues to prevent the possibility of a utility over-collecting its costs.

Direct Testimony of Lee Smith
Rebuttal Testimony of Lee Smith
Surrebuttal Testimony of Lee Smith
CUB's Initial Brief
CUB's Reply Brief
CUB's Comments on the Staff Briefing Memorandum


Public Service Commission
PSC Generic Investigation into Cost of Service Principles
PSC Docket 05-EI-137


On July 22nd, 2006, the Commission issued of Notice of Investigation requesting comments on how to narrow cost of service and rate design issues in rate cases.  CUB and WIEG filed an extensive joint report addressing mutual and opposing positions on electric cost of service and rate design issues on August 29th.  Each major utility also filed separate comments.  Our September 12th reply comments requested that the Commission convene working groups for parties to further discuss differences of opinion on COSS methodologies and rate design principles.  Now that comments are filed the question is "what will the commission do with it?", and the options don't necessarily bode well for residential customers.  The reason for that is industry power and the complexity of the issues.

On November 9th, 2006, the Commission discussed this docket at an open meeting.  The Commission decided that it could not make any decisions on the various proposals because of on-going rate cases, and that it did not want to prejudge any of the issues.  The Commission kept the docket open stating that they need more information regarding the 12CP method and rate design issues.

As of April 2010, the docket is still open but their has been no activity in several years.

CUB's comments on the staff memorandum to the Commission filed September 18, 2006


Public Service Commission
Fule Rule Rulemaking Proceeding
PSC Docket 1-AC-224


In February 2006, the commission requested comments from CUB, the utilities, and other stakeholders on whether the "fuel rules" need to be changed given the volatility in natural gas prices. The draft rules have serious problems: they would raise rates for consumers, require far more proceedings at the PSC (straining Commission staff and intervenor resources), and violate existing statutes prohibiting automatic adjustment clauses and retroactive ratemaking.

A budget amendment was drafted by the utilities that would have eliminated Wisconsin's prohibition of automatic adjustment clauses, which would affect the "fuel rules." CUB and the Wisconsin Industrial Energy Group stopped this amendment as it was being reviewed by the Committee on Joint Finance.  CUB, WIEG, and others negotiated a compromise with the utilities that would allow the PSC to defer under or over-collections of fuel costs for recovery or refund in the following year, while preserving the prohibition of automatic adjustment clauses.  However, this amendment did not survive the budget process, but has been re-introduced as AB 600, and may pass by the end of the 2009-2010 legislative session in May 2010.
  


Public Service Commission
Gas Service Standards
PSC Docket 1-AC-210, PSC 134


The PSC is revising the section of its administrative code that defines the standards by which utilities provide natural gas to retail customers, including issues of safety, service calls, customer service, disconnections, and reconnections.  CUB is intervening to make sure customer needs are protected in this revision.  On June 30, 2008, CUB submitted comments on proposed changes to the gas service rules codified in PSC 134.  The Commission has taken no further action.


Public Service Commission
Investigation on the Commission's Own Motion of Impacts or Activities Related to the Operation of Energy Markets by MISO
PSC Docket 9300-EI-100


On September 29, 2005, the Commission issued a Notice of Investigation in docket 9300-EI-100 to gather information from interested parties regarding issues related to the operation of MISO including, but not limited to:
* The formation of a joint and common market between MISO and PJM;
* The regional and sub-regional cost allocation for new transmission lines constructed for reliability or economic purposes;
* Appropriate resource adequacy standards;
* Establishment of a capacity market or ancillary service market.

CUB is participating in this docket on demand response issues, and by attending MISO stakeholder meetings.  The case is on-going.



Public Service Commission
Strategic Energy Assessment for the Years January 1, 2006 through December 31, 2012
PSC Docket 05-ES-103


This docket examined the following issues:

1. Identify and describe large electric generating facilities on which an electric utility plans to commence construction within 3 years.
2. Assess the adequacy and reliability of purchased generation capacity and energy to serve the needs of the public.
3. Identify and describe high voltage transmission lines on which an electric utility plans to commence construction within 3 years.
4. Identify and describe any plans for assuring that there is an adequate ability to transfer electric power into the state and the transmission area in a reliable manner.
5. Identify and describe the projected demand for electric energy and the basis for determining the projected demand.
6. Identify and describe activities to discourage inefficient and excessive power use.
7. Identify and describe existing and planned generating facilities that use renewable sources of energy.
8. Consider the public interest in economic development, public health and safety, protection of the environment and diversification of sources of energy supplies.
9. Assess the extent to which the regional bulk power market is contributing to the adequacy and reliability of the state?s electrical supply.
10. Assess the extent to which effective competition is contributing to a reliable, low cost and environmentally sound source of electricity for the public.
11. Assess whether sufficient electric capacity and energy will be available to the public at a reasonable price.

CUB worked with Clean Wisconsin and RENEW in preparing comments in this case as the Joint Public Intervenors.  The Joint Public Intervenors presented testimony at the public hearing in this docket and filed comments on the draft SEA.


The PSC's Final Strategic Energy Assessment
Joint Public Intervenor Comments on Draft Strategic Energy Assessment filed September 6 2006