DAR File No. 42670

Public Service Commission, Administration

Section R746-1-201

Complaints

Notice of Proposed Rule

(Amendment)

DAR File No.: 42670
Filed: 03/08/2018 12:00:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify the informal complaint process with the Division of Public Utilities before a formal complaint is filed with the Public Service Commission.

Summary of the rule or change:

This minor clarification to the Public Service Commission's rule on complaints against a utility should streamline the process for both complainants and utilities. This rule amendment prevents any potential need to adjudicate a complaint twice. It clarifies the separate roles of the Division of Public Utilities, to provide an informal dispute resolution process, and the Public Service Commission, to adjudicate a dispute that cannot be resolved informally.

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:

Because this clarification only streamlines the current complaint process for all involved, there should be no anticipated cost or savings to the state budget.

local governments:

Because this clarification only streamlines the current complaint process for all involved, there should be no anticipated cost or savings to local governments.

small businesses:

Because this clarification only streamlines the current complaint process for all involved, there should be no anticipated cost or savings to small businesses.

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

Because this clarification only streamlines the current complaint process for all involved, there should be no anticipated cost or savings to persons other than small businesses, businesses or local government entities.

Compliance costs for affected persons:

Because this clarification only streamlines the current complaint process for all involved, there should be no compliance cost to affected persons.

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

This minor clarification to the Public Service Commission's rule on complaints against a utility should streamline the process for both complainants and utilities. This rule amendment prevents any potential need to adjudicate a complaint twice. It clarifies the separate roles of the Division of Public Utilities, to provide an informal dispute resolution process, and the Public Service Commission, to adjudicate a dispute that cannot be resolved informally. Because this clarification only streamlines the current complaint process for all involved, there should be no compliance cost to affected persons.

Thad LeVar, Commission Chair

The full text of this rule may be inspected, during regular business hours, at the Office 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
• Michael Hammer at the above address, by phone at 801-530-6729, by FAX at , or by Internet E-mail at michaelhammer@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:

05/01/2018

This rule may become effective on:

05/08/2018

Authorized by:

Michael Hammer, Administrative Law Judge

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This minor clarification to the Public Service Commission's rule on complaints against a utility should streamline the process for both complainants and utilities. The rule amendment prevents any potential need to adjudicate a complaint twice. It clarifies the separate roles of the Division of Public Utilities, to provide an informal dispute resolution process, and the Public Service Commission, to adjudicate a dispute that cannot be resolved informally. Because this clarification only streamlines the current process for all involved, there should be no measurable regulatory impact.

 

Public Service Commission Chair Thad LeVar has reviewed and approved this fiscal analysis.

 

 

R746. Public Service Commission, Administration.

R746-1. Public Service Commission Administrative Procedures Act Rule.

R746-1-201. Complaints.

A person [that]who files a complaint with the Commission shall demonstrate:

(1) [that ]the person has attempted to work with the utility to resolve the complaint;

(2) [that ]the Division has reviewed the complaint and determined that [Commission action is warranted]the person has exhausted the Division's informal complaint resolution process; and

(3) [that ]the complaint has been served on the public utility, pursuant to R746-1-203(1)(f).

 

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information

Date of Enactment or Last Substantive Amendment: [October 19, 2017]2018

Authorizing, and 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