Administrative Rule Review Report  #AR09-068

Legislative Service Office

16-Nov-09

AGENCY: Public Service Commission.

DATE SUBMITTED: November 6, 2009.

SUBJECT: Revisions to Certain Sections of the Wyoming Public Service Commission's Rules for Housekeeping Purposes, Docket No. 90000-108-X0-09 (Record No. 12111).

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 37-2-204.

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

SUMMARY OF RULES:   The rules are amended to clarify the procedures for contested cases before the Public Service Commission.  The rules recognize the authority of the Office of Consumer Advocate to participate in those proceedings.  As noted in comments from the Office of Consumer Advocate, the recognition of its authority to participate in proceedings was not a substantive change and merely reflects the Office's statutory requirements.  The rules are also amended to remove obsolete references and fix grammatical errors.

The Commission received multiple comments from interested parties requesting substantive changes to the rules.  However, the Commission rejected those comments based on the assertion that this rulemaking was a housekeeping exercise and not substantive in nature.

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 Agency.

_______________________

Lynda Cook

Staff Attorney

_______________________

David K. Gruver

Assistant Director

LGC/