Administrative Rule Review Report  #AR10-053

Legislative Service Office

10-Aug-10

AGENCY: Public Service Commission.

DATE SUBMITTED: July 28, 2010.

SUBJECT: Chapter 2, Interruption of Service; Chapter 3, Utility Service Interruption Reporting; Chapter 4, Gas Utility Service Interruption Reporting; Chapter 5, Records and Reports; Chapter 6, Water Utility Service Interruption Reporting; and Chapter 9, Forms.  Docket No 90000-110-X0-10 (Record No. 12468)

NATURE OF RULES:                      Legislative and procedural.

STATUTORY AUTHORITY:          W.S. 37-2-112 and 37-15-408

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

SUMMARY OF RULES:    The rules modify service interruption reporting requirements for public utilities and telecommunications companies.  The rules provide specific information and timeline requirements for reporting those service interruptions and prescribe forms to be used by the utilities and telecommunications companies.  Service interruptions for electrical, gas and telecommunications services must be reported within two hours of the outage, however, service interruptions for water utilities must only be reported "promptly".  Information required includes a damage assessment explaining the risks and likely effect on the general public and the company's customers.  Reporting requirements differ between telecommunications companies, gas utilities, water utilities and electrical utilities suffering service interruptions.

FINDINGS:   W.S. 37-15-401(a)(vi) provides that "In addition to the powers exercised pursuant to the provisions of W.S. 37-15-408, the commission has the power to: regulate telecommunications companies only as provided for in this chapter".  W.S. 37-15-408 provides that, among other statutes, W.S. 37-3-114 is applicable to telecommunications companies and such companies are considered public utilities for those purposes.  W.S. 37-3-114 provides that the commission "shall promote the safety, health, comfort, and convenience of its patrons, employees and the public, and to this end, the commission may make rules and regulations governing the construction, maintenance and operation of telephone, telegraph, trolley, electric light and power lines hereafter built within this state".  While the statute is not specific about service interruptions, the commission arguably has authority to regulate service interruptions under this language.

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.

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Lynda Cook

Staff Attorney

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David K. Gruver

Assistant Director

LGC/