Administrative Rule Review Report  #AR08-046

Legislative Service Office

30-Jun-08

 

AGENCY:                                 Public Service Commission.

 

DATE SUBMITTED:                   June 20, 2008.

 

SUBJECT:                                 Chapter 2, Section 208, De Minimis Transfers-Docket No. 90000-013-XO-08 (record No. 11691).

 

NATURE OF RULES:                     Legislative and procedural

 

STATUTORY AUTHORITY:         W.S. 37-2-112

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

 

SUMMARY OF RULES:   Current law requires public utilities to file an application with the public service commission prior to disposing of any utilities or plant used in providing utility service to the public.  The amendment in these rules provides for an exception to that requirement for de minimis transfers of property.  In addition, the rules provide for consummation of sales, grants and leases of easements that do not impair or materially affect the utilities provision of service, without prior commission approval.  Notice of those easements is required to be reported to the commission semi-annually.  Notice of the de minimis transfers after the fact is not required and the commission intentionally did not include this requirement.

 

The commission has been notified of the incorrect use of the term "effect" in subsection (e) of the rules.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:

That the rules be placed on the Consent List and be approved by the Council as submitted by the Commission.

 

 

 

                                                            _______________________

                                                            Lynda Cook

                                                            Staff Attorney

 

                                                            _______________________

                                                            David K. Gruver

                                                            Assistant Director

LGC/