Wisconsin Administrative Code › Public Service Commission › Chapter PSC 137 - Energy efficiency and renewable resource programs › Section PSC 137.07 - Utility-administered programs for large commercial, industrial, institutional, or agricultural customers

Current through June 24, 2024
(1) DEFINITION. In
			 this section, "large commercial, industrial, institutional, or agricultural
			 customer" has the same meaning as "large energy customer" under s.
			 196.374(1)
			 (em), Stats., unless the commission specifies
			 a different definition by order.
(2) FUNDING ENERGY EFFICIENCY PROGRAMS FOR
			 LARGE COMMERCIAL, INDUSTRIAL, INSTITUTIONAL, OR AGRICULTURAL CUSTOMERS. The
			 funding available in any year for all the energy efficiency programs the
			 commission has authorized an energy utility to offer to its large commercial,
			 industrial, institutional, or agricultural customers under s.
			 196.374(2)
			 (b) 1, Stats., shall equal the revenues
			 collected from the energy utility's customers who are eligible for the
			 utility-administered programs, less the funds set aside under s.
			 PSC
			 137.05(2) for statewide renewable
			 resource programs. The commission shall determine the annual funding level
			 available for these programs and inform energy utilities in writing at least 9
			 months prior to the beginning of the statewide program year.
(3) ENERGY EFFICIENCY PROGRAMS FOR LARGE
			 COMMERCIAL, INDUSTRIAL, INSTITUTIONAL, OR AGRICULTURAL CUSTOMERS.
(a) An energy utility requesting to
			 administer or fund one or more energy efficiency programs for large commercial,
			 industrial, institutional, or agricultural customers in its service territory
			 under this section may file a request with the commission at any time. The
			 commission shall consider requests it receives at least 6 months before the
			 start of the statewide energy efficiency and renewable resource program year
			 for implementation in that program year.
(b) Each request to administer or fund an
			 energy efficiency program under this section shall include:
1. A description of the program that includes
			 the target market, eligible measures, delivery strategy, marketing and
			 communications strategy, incentive strategy and potential market
			 effects.
2. A plan prepared jointly
			 with the program administrator that describes how statewide and
			 utility-administered programs will be coordinated with large energy customer
			 self-directed programs, ordered programs, and voluntary utility programs
			 offered during the same period.
3.
			 A description of the program's consistency with the commission's most recent
			 study of available energy efficiency savings.
4. Annual and multi-year performance targets
			 that are consistent with commission goals, policies, and priorities.
5. A program time frame that is consistent
			 with the statewide program year.
6.
			 A portfolio and program level cost-effectiveness analysis that is consistent
			 with par. (c) 5.
7. An
			 administrative and program delivery budget for the first year of
			 operation.
8. Any other information
			 the commission requests.
(c) Each utility-administered program under
			 this section shall:
1. Be limited to offering
			 energy efficiency programs to large commercial, industrial, institutional, or
			 agricultural customers in the energy utility's service territory. If a customer
			 is participating in a self-directed program under s.
			 PSC
			 137.09, that customer's participation in any
			 utility-administered program under this section shall be limited to the amount
			 of revenues that the customer contributes to the utility-administered program
			 through s.
			 196.374(3)
			 (b) 2, Stats.
2. Provide an equivalent opportunity for all
			 eligible customers to participate. Utility-administered programs shall
			 coordinate with statewide programs and with large energy customer self-directed
			 programs to avoid duplication of effort and of program offerings in overlapping
			 territories.
3. Be evaluated by an
			 independent third party. The commission shall contract with the independent
			 third-party evaluator, unless it determines that it is reasonable to allow the
			 energy utility to contract with the evaluator. In that case the commission
			 shall oversee the contracting process and approve the energy utility's
			 selection of the independent third-party evaluator. The energy utility shall
			 pay for the evaluation of the program, as determined by the commission, from
			 retained utility revenues that the energy utility would otherwise have expended
			 on statewide energy efficiency programs.
4. Be designed in a manner that prevents the
			 energy utility or any of its affiliates from selling or installing energy
			 efficiency processes, equipment, or appliances.
5. Pass a portfolio level test of net
			 cost-effectiveness, as determined by the commission. The energy utility shall
			 screen for net cost-effectiveness at least once a year.
6. Result in environmental benefits, as
			 identified by the commission, either on site or at the generation
			 level.
(d) The energy
			 utility shall:
1. Assign priority status to
			 implementing programs that reduce growth in electric and natural gas demand and
			 usage, facilitate energy efficiency market development, assist market providers
			 in achieving higher levels of energy efficiency, promote energy reliability and
			 adequacy, avoid adverse environmental impacts from the use of energy, and
			 promote rural economic development.
2. Establish annual and multi-year
			 performance goals that are consistent with the program goals, priorities, and
			 measurable targets established under s.
			 196.374(3)
			 (b) 1, Stats. At a minimum, the energy
			 utility shall provide quarterly activity reports and semiannual performance
			 reports to the commission.
3. Using
			 the commission's database tracking and reporting system, collect and record for
			 each program, by customer class:
a. KW, kWH,
			 and therm savings.
b. Performance
			 metrics.
c. Non-energy
			 benefits.
d. All administrative and
			 program delivery costs.
e. Any
			 other information the commission requests.
4. Provide all information and data the
			 energy utility collects for its utility-administered programs to the commission
			 and the independent third-party evaluator upon request.
(e) The commission shall consider all of the
			 following when deciding whether to approve a program proposed under par. (a):
1. Whether the program is in the public
			 interest.
2. Whether the program
			 meets the minimum requirements of par. (c).
3. Whether the program includes appropriate
			 energy efficiency measures.
4.
			 Whether the proposed budget is within the level of funds available.
5. The likelihood the program will achieve
			 its goals.
6. The level of
			 coordination with statewide programs under s.
			 PSC
			 137.05, voluntary utility programs under s.
			 PSC
			 137.08, large energy customer self-directed programs
			 under s.
			 PSC
			 137.09, and ordered programs and the potential for
			 disrupting the overall ability of energy efficiency efforts in the state to
			 meet the goals, priorities, and measurable targets established under s.
			 196.374(3)
			 (b) 1, Stats.