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| Montana Administrative Register Notice 38-5-261 | No. 19 10/06/2023 | |
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BEFORE THE DEPARTMENT OF PUBLIC SERVICE REGULATION OF THE STATE OF MONTANA
TO: All Concerned Persons
1. The Department of Public Service Regulation proposes to repeal the above-stated rules.
2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m. on October 24, 2023, to advise us of the nature of the accommodation that you need. Please contact the Department of Public Service Regulation in person or by mail at 1701 Prospect Avenue, P.O. Box 202601, Helena, MT 59620-2601; by telephone at (800) 646-6150; by fax at (406) 444-7618; or by e-mail at pschelp@mt.gov.
3. The department proposes to repeal the following rules:
38.5.601 PURPOSE
AUTH: 69-3-103, MCA IMP: 69-2-101, MCA
38.5.602 SCOPE
AUTH: 69-3-103, MCA IMP: 69-2-101, MCA
38.5.603 EFFECTIVENESS MEASUREMENTS
AUTH: 69-3-103, MCA IMP: 69-2-101, MCA
38.5.604 ELECTION
AUTH: 69-3-103, MCA IMP: 69-2-101, MCA
38.5.605 FINAL ORDERS – APPEALS
AUTH: 69-3-103, MCA IMP: 69-2-101, MCA
38.5.606 RATEMAKING PROCEDURE – GENERAL RATE CASES
AUTH: 69-3-103, MCA IMP: 69-2-101, MCA
38.5.607 RATEMAKING PROCEDURES – LIMITED ISSUE FILINGS
AUTH: 69-3-103, MCA IMP: 69-2-101, MCA
38.5.608 COST OF EQUITY
AUTH: 69-3-103, MCA IMP: 69-2-101, MCA
38.5.609 COST OF SERVICE FILING
AUTH: 69-3-103, MCA IMP: 69-2-101, MCA
38.5.610 APPLICATION FOR SUMMARY CLOSURE
AUTH: 69-3-103, MCA IMP: 69-2-101, MCA
38.5.611 SUNSET/REPEALER
AUTH: 69-3-103, MCA IMP: 69-2-101, MCA
REASON: The department proposes to repeal the above-listed rules, comprising ARM Title 38, chapter 5, subchapter 6, because these rules were designed to be temporary in nature. ARM 38.5.611(1) reads, "The rules in this sub-chapter are repealed 96 months after publication of their notice of adoption." 96 months after publication of the rules' notice of adoption was February 27, 2000. The proposed action will effectuate the language in ARM 38.5.611(1).
4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to the Department of Public Service Regulation in person or by mail at 1701 Prospect Avenue, P.O. Box 202601, Helena, MT 59620-2601; by telephone at (800) 646-6150; by fax at (406) 444-7618; or by e-mail at pschelp@mt.gov. Comments must be received no later than 5:00 p.m. on November 3, 2023. Please reference Docket No. 2023.09.085 when submitting a comment.
5. The Montana Consumer Counsel, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59620-1703, telephone (406) 444-2771, is available and may be contacted to represent consumer interests in this matter.
6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 0 persons based on the fact the rules proposed to be repealed became ineffectual as of February 27, 2000.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the department. Persons who wish to have their name and email address added to the list shall contact the Department of Public Service Regulation in person or by mail at 1701 Prospect Avenue, P.O. Box 202601, Helena, MT 59620-2601; by phone at (800) 646-6150; by fax to: (406) 444-7618; by email at pschelp@mt.gov; or by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the repeal of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Laura D. Vachowski /s/ James Brown Laura D. Vachowski James Brown Rule Reviewer President Public Service Commission
Certified to the Secretary of State September 26, 2023.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
