20081024Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
CO MMISSI 0 NER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DEPUTY ATTORNEY GENERAL
DATE:OCTOBER 24, 2008
SUBJECT:STAFF RECOMMENDATIONS TO AMEND THE COMMISSION'
PROPOSED RULES OF PROCEDURE, IDAPA DOCKET NO. 31-0101-
0801 (RUL-08-01)
On October 1 , 2008 , the Commission s proposed changes to its Rules of Procedure
IDAP A 31.01.01.000 et seq.were published in the Administrative Bulletin. The Bulletin Notice
required persons wishing to comment on the proposed changes to do so no later than October 22
2008. The only comments received in response to the Notice were submitted by the Commission
Staff. Staff supported the proposed changes and recommended two additional changes. The
proposed rules and Staff s comments are submitted for your final review and approval.
THE PROPOSED CHANGES
The Commission last updated its Rules of Procedure five years ago. Most of the
Commission s proposed changes generally fall into five categories:
1. Housekeeping changes: zip codes, e-mail addresses, references to
computer storage medium (Rules 12, 14 , 132 225 233 267, and 272).
2. Clarify rules or remove ambiguities: Rules 54, 122 , 134, 202, 204 , 229
241 , and 244.
3. Move rules from other rules sets and include procedural requirements
currently contained in Orders: Rules 114, 125, and 260.
4. Electronic filing or dual-sided printing: Rules 61 , 62, 63, and 231.
5. Renumbering rules: Rules 126 and 127.
DECISION MEMORANDUM
The Staff s prior memorandum dated August 8, 2008 contains a complete review of
the proposed rule changes. In addition, the rules are available for review in the Commission
electronic Case Information System under "Multi-Utility," clicking on RUL-08-, then click
on Decision Memo. If the Commissioners desire a copy of the previous 28-page decision memo
please advise the Commission Secretary.
STAFF COMMENTS
In its comments, Staff supported the Commission s proposed changes to its
procedural rules. Staff asserted that the increase use of electronic filing and allowing documents
to be printed on both sides of the page will save both time and resources for those parties filing
documents with the Commission.
The Commission Secretary also proposed that the Commission consider two
additional changes to Rules 61 and 62. More specifically, to assist the Commission Secretary in
copying and distributing documents within the Commission, she asked that original documents
be filed "unbound and unstapled.
" "
Requiring original documents to be unbound and unstapled
will appreciably aid in the scanning, copying and distribution of original documents.Staff
Comments at 1.
The Staff proposed changes to the proposed rules are shown below in bold italicized
text.
061. FILING DOCUMENTS WITH THE COMMISSION -- NUMBER OF COPIES -
DISCOVERY -FACSIMILE TR'\N8MI88ION (FAX) AND ELECTRONIC FILING
(RULE 61).
The following numbers of documents must shall be filed with the Commission Secretary:
01.Printed Filings. When filing printed material-;-
(7 1 93)L-j
(1 5 OO)L-j
In utilities cases (other than those cases specified in Subsections 061.01.b. and
061.01.c.belew of this rule (3 16 01)L-j
Pleadings (applications, petitions, complaints, motions, answers and consent
agreements)--an original (unbound and unstavled)and seven (7) copies. (7 1 93)L-j
11. Briefs, proposed orders, statements of position, and exceptions under Rule 312-
an ori1!inal (unbound and unstavled) and eight (&,Z) copies.(1 5 OO)L-j
DECISION MEMORANDUM
Security issuance cases:(4-00)
Pleadings--an original (unbound and unstapled)and four (4) copies.(7 1 93)L-j
Telecommunication interconnection agreements:(3-16-04)
Pleadings--an original (unbound and unstavled) and three (3) copies (3 16 01)L-j
(No other changes to Subsections 02 , 03 and 04.
062.FORM OF DOCUMENTS (RULE 62).
. ..
(No changes to Subsections 01 , and 03.
04.Ori1!inal Documents.All ori1!inal documents filed with the Commission
Secretarv shall be unbound and unstapled. Copies of ori1!inal documents mav be bound or
stapled.L-l
COMMISSION DECISION
1. Does the Commission wish to make any changes to its proposed rules published
October 1 2008 in Vol. 08-10?
2. Does the Commission wish to amend its proposed changes to Rules 61 and 62 to
incorporate the Commission Secretary s proposed changes?
3. Does the Commission wish to adopt its proposed rules as its pending rules? Does
the Commission wish to have its Notice of Adoption of Pending Rule published in the next
Administrative Bulletin on December 3, 2008?
1) ux--
Don Howell
Deputy Attorney General
bls/N:31-0101-0801 Decision Memo dh2
DECISION MEMORANDUM