PSC 133.07 Territorial agreements.

PSC 133.07Territorial agreements.#

(1)For purposes of this section:#

(a)“General territorial agreement” means any territorial agreement other than a limited territorial agreement.#

(b)“Limited territorial agreement” means a territorial agreement under s. 196.50 (1) (am) 1., Stats.#

(1m)Filing.#

(a)A gas public utility may enter into a general or limited territorial agreement with another gas public utility. A gas public utility that enters into a general territorial agreement shall file the territorial agreement with the commission for review and approval. A gas public utility that enters into a limited territorial agreement shall file the territorial agreement with the commission but does not need to receive commission approval.#

(b)A general territorial agreement does not grant a gas public utility authority to serve in a municipality.#

(c)A gas public utility which seeks approval of a general territorial agreement shall include in its filing all of the following:#

1.Identification of any commission action or docket that granted a gas public utility authority for providing service in the municipality affected by the agreement.#

2.A detailed map and the legal description of the area covered by the territorial agreement.#

3.An evaluation demonstrating how the territorial agreement will avoid controversy over the area to be served by each utility, avoid duplication of facilities, and provide more efficient service.#

(d)A gas public utility shall file a signed limited territorial agreement with the commission. The utility shall include all of the following in its filing:#

1.Identification of the commission action or docket that granted a gas public utility authority for providing service in the municipality affected by the agreement.#

2.A detailed map and the legal description of the area covered by the limited territorial agreement, including a showing that the area to be served by the additional gas public utility is adjacent to a municipality that the additional gas public utility is already authorized to serve.#

3.Identification of the number of additional customers to which the additional gas public utility will provide service.#

4.A statement that none of the additional customers to be served are located more than ½ mile from an existing service territory boundary between the original and the additional gas public utilities.#

5.An evaluation demonstrating the reasons for the territorial agreement, such as avoiding controversy over the area to be served by each gas public utility, avoiding duplication of facilities, or providing more efficient service.#

6.Proof that the municipality involved has authorized the additional gas public utility’s provision of service in the municipality, if such authorization is required.#

(2)Authority to serve under a general territorial agreement.#

(a)#

1.When one gas public utility is authorized by the commission to provide gas service in a municipality, and that utility has entered into a general territorial agreement with another gas public utility that does not have commission authorization to serve in the municipality, the additional utility shall apply for and receive from the commission a certificate under ss. 196.49 and 196.50, Stats., before it can provide gas utility service in the municipality.#

2.If the service area sought by one of the utilities covered by the general territorial agreement requires commission approval under this paragraph, that utility’s filing for a certificate of authority shall include an evaluation demonstrating why provision of service by an additional utility in the municipality is needed.#

3.If a certificate of authority is granted, the certificate will specify the portions of the municipality in which the additional utility is authorized to serve. Any subsequent amendments to the general territorial agreement between the utilities will be considered under par. (b).#

(b)When 2 or more gas public utilities are authorized by the commission to provide gas service in a municipality, and the service area boundaries of the utilities are identified in a general territorial agreement, the authorized service areas may be modified without the need for the commission to issue amended or additional certificates of authority if the commission approves an amended general territorial agreement to which all affected gas public utilities are signatories. Commission approval of an amended general territorial agreement constitutes amended authorizations.#

(c)When more than 2 gas public utilities are authorized by the commission to provide gas service in a municipality, and the service area boundaries of some, but not all, of the utilities are identified in a general territorial agreement, the authorized service areas may be modified without the need for the commission to issue amended or additional certificates of authority if the commission approves an amended general territorial agreement after giving opportunity for the gas public utility not covered by the amended boundary agreement to object. If an objection is received, the commission may proceed with approving the amended general territorial agreement or may require the agreement signatories to apply for amended certificates of authority. Commission approval of an amended general territorial agreement constitutes amended authorizations.#

(2m)Authority to serve under a limited territorial agreement.#

(a)A gas public utility may provide service in a municipality served by another gas public utility without first obtaining a certificate from the commission to serve that municipality if all of the following apply:#

1.The gas public utilities enter into a limited territorial agreement regarding areas to be served by each utility in the municipality.#

2.The area to be served by the additional gas utility is adjacent to a municipality where the additional gas public utility is already authorized to serve.#

3.The additional gas public utility will provide service to 5 or fewer additional customers in the municipality.#

4.None of the additional customers to be served are located more than ½ mile from an existing service territory boundary between the original and the additional gas public utility.#

(b)A gas public utility may not amend a limited territorial agreement. To expand the territory covered by a limited territorial agreement the utilities shall do one of the following:#

1.If the additional territory meets the requirements of par. (a), then enter into a new limited territorial agreement covering the additional territory and file it under sub. (1m) (d).#

2.If the additional territory does not meet the requirements of par. (a), then enter into a general territorial agreement covering the additional territory and file a request for approval under sub. (1m) (c).#

Note: For example: if 2 utilities have an existing limited territorial agreement that covers a portion of their original service territory boundary and want to have an agreement that covers a different portion of their original service territory boundary, they may enter into a new limited territorial agreement that covers the new territory.#

But, for example, if the existing limited territorial agreement covers a ½ mile wide strip east of their original service territory boundary and they want to have an agreement that covers a ½ mile strip that is east of the new service territory boundary created by the existing limited territorial agreement, they must enter into a general territorial agreement to cover the additional strip.#

(3)Filing deadline.#

(a)A gas public utility shall file a limited territorial agreement, a request for approval of a general territorial agreement, or an amended general territorial agreement with the commission, and receive approval when necessary, before the utilities provide service as permitted under the agreement.#

(b)A gas public utility shall file an amended general territorial agreement with the commission within 30 days after the date the amended agreement is signed and shall request commission approval of the proposed change.#

Note: See sub. (2m) (b) and the note that follows about amending limited territorial agreements.#

(4)Waiver of rights. The commission will consider a signed territorial agreement to be a waiver of any rights a signatory to the agreement may have under ss. 196.49 and 196.50, Stats., or under this chapter to object to the provision of natural gas service by the other signatory utility in those portions of the municipality assigned to the waiving utility.#

History: CR 07-020: cr. Register October 2007 No. 622, eff. 11-1-07; CR 15-003: renum. (1) to (1m) and am. (a) to (c) (intro.), cr. (1), (1m) (d), am. (2), cr. (2m), renum. (3) to (3) (a) and am., cr. (3) (b) Register September 2015 No. 717, eff. 10-1-15; correction in (2m) (b) 1., 2. under s. 13.92 (4) (b) 7 Register September 2015 No. 717.#