DAR File No. 39235

Public Service Commission, Administration

Section R746-100-11

Decisions and Orders

Notice of Proposed Rule

(Amendment)

DAR File No.: 39235
Filed: 03/23/2015 12:40:18 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change will make the requirements for requests for review or rehearing of a Public Service Commission (PSC) order consistent with Rule 24(a)(9) of the Utah Rules of Appellate Procedure, as recently interpreted by the Utah Supreme Court in State v. Nielsen, 2014 UT 10, 326 P.3d 645. This change will increase transparency to all parties participating in a docket that is subject to review or rehearing, and will ensure a more robust review of the request.

Summary of the rule or change:

A party who files a petition for review or rehearing with the PSC, who includes a request for the PSC to modify a fact finding, will be required to marshal all record evidence that supports the challenged finding.

State statutory or constitutional authorization for this rule:

• Section 54-1-3
• Section 54-1-1
• Section 54-3-21
• Section 54-4-1
• Section 54-4-1.5
• Section 54-4-2
• Section 54-7-17
• Title 63G, Chapter 4
• Section 54-1-6

Anticipated cost or savings to:

the state budget:

This change does not modify the process for PSC review of motions for review or rehearing. State agencies who file a petition for review or rehearing must satisfy this legal requirement, but there is no anticipated cost or savings associated with the requirement.

local governments:

Parties who file a petition for review or rehearing must satisfy this legal requirement, but there is no anticipated cost or savings associated with the requirement.

small businesses:

Parties who file a petition for review or rehearing must satisfy this legal requirement, but there is no anticipated cost or savings associated with the requirement.

persons other than small businesses, businesses, or local governmental entities:

Parties who file a petition for review or rehearing must satisfy this legal requirement, but there is no anticipated cost or savings associated with the requirement.

Compliance costs for affected persons:

Parties who file a petition for review or rehearing must satisfy this legal requirement, but there is no anticipated cost or savings associated with the requirement.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule change will make proceedings involving a petition for review or rehearing more transparent and more robust. As a party petitioning for review or rehearing satisfies this requirement, all other parties participating in the docket will have a better understanding of the basis for the petition.

Ron Allen, Chairman

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov
• Jordan White at the above address, by phone at 801-530-6712, by FAX at , or by Internet E-mail at jordanwhite@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/15/2015

This rule may become effective on:

05/22/2015

Authorized by:

Jordan White, Legal Counsel

R746. Public Service Commission, Administration.

R746-100. Practice and Procedures Governing Formal Hearings.

R746-100-11. Decisions and Orders.

A. Generally -- Decisions and orders may be drafted by the Commission or by parties as the Commission may direct. Draft or proposed orders shall contain a heading similar to that of pleadings and bear at the top the name, address, and telephone number of the persons preparing them. Final orders shall have a concise summary of the case containing the salient facts, the issues considered by the Commission, and the Commission's disposition of them. A short synopsis of the order, placed at the beginning of the order, shall describe the final resolutions made in the order.

B. Recommended Orders -- If a case has been heard by less than the full Commission, or by an administrative law judge, the official hearing the case shall submit to the Commission a recommended report containing proposed findings of fact, conclusions of law, and an order based thereon.

C. Final Orders of Commission -- If a case has been heard by the full Commission, it shall confer following the hearing. Upon reaching its decision, the Commission shall draft or direct the drafting of a report and order, which upon signature of at least two Commissioners shall become the order of the Commission. Dissenting and concurring opinions of individual commissioners may be filed with the order of the Commission.

D. Deliberations -- Deliberations of the Commission shall be in closed chambers.

E. Effective Date -- Copies of the Commission's final report and order shall be served upon the parties of record. Orders shall be effective the date of issuance unless otherwise stated in the order. Upon petition of a party, and for good cause shown, the Commission may extend the time for compliance fixed in an order.

F. Review or Rehearing -- Petitions for review or rehearing shall be filed within 30 days of the issuance date of the order in accordance with Section 63G-4-301 and served on other parties of record.

1. A party asking the Commission to modify a fact finding must marshal the record evidence that supports the challenged finding, as set forth in State v. Nielsen, 2014 UT 10, paragraphs 33-44, 326 P.3d 645.

2.  Following the filing of a petition for review, opposing parties may file responsive memoranda or pleadings within 15 days.

3.  Proceedings on review shall be in accordance with Section 54-7-15.

4.  A petition for reconsideration pursuant to Section 63G-4-302 is not required in order for a party to exhaust its administrative remedies prior to appeal.

 

KEY: government hearings, public utilities, rules and procedures, confidential information

Date of Enactment or Last Substantive Amendment: [July 9, 2012]2015

Notice of Continuation: November 28, 2012

Authorizing, Implemented, or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4