Legalectric

The Minnesota Public Utilities Commission has issued its Request for Comments on its procedural rules, Minn. R. Ch. 7829:

Notice – Request for Comments

This is the rulemaking where I wasn’t even given notice, nevermind that I’d submitted a rulemaking petition March 14, 2011:

Overland Petition for Rulemaking-7829

The meeting last Thursday was interesting, particularly Commissioner O’Brien’s comments on the Rule 11 like language, where there’s at long last language regarding truthfulness in pleadings and arguments before the Commission, ’bout time.  The bottom issue is important because if staff recommends something that’s not even been discussed in the proceeding, we, intervenors and the public, need the chance to discuss it, to put in our perspective, and more so, we need the ability to vet their proposal.  So check out this webcast, it’ll be posted for ~ 90 days.

PUC WEBCAST of Aug 1 2013 Agenda Meeting HERE

Here’s the meat of it:

Topics Open for Comment:

• Any issue arising from the draft of possible amendments filed in the Commission’s electronic filing system in this docket as an attachment to Staff Briefing Papers on July 25, 2013—with emphasis on the following possible revisions:

• What should the Commission consider when deciding whether to include language that discusses possible sanctions for violations of the proposed Commission rule governing representations of fact or law to the Commission (Part 7829.0250)?

• Assuming that the Commission were to decide that a sanctions provision is appropriate, the Commission seeks comment on the following proposed language:

Subp. 2. Sanctions. If, after notice and an opportunity for comment and reply, the commission determines that subpart 1 has been violated, the commission may impose a sanction on any party or participant who violated subpart 1 or is responsible for the violation. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.

• What should the Commission consider when deciding whether to amend rule part 7829.2600 to read “If commission staff recommend action not advocated by any party, at the request of any party and to the extent practicable, all parties must be granted an opportunity to comment.”?

To file Comments: E-file using the Commission’s electronic filing system (info on registration at this link too), or email to Christopher.Moseng@state.mn.us. Persons without e-mail access may send by U.S. mail to Christopher Moseng, Staff Attorney, Minnesota Public Utilities Commission, 121 7th Place East, Suite 350, St. Paul MN 55101-2147. Please include the Commission’s docket number in all communications – U-999/R-13-24.