BEFORE THE DEPARTMENT OF PUBLIC SERVICE REGULATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 38.2.304 pertaining to the department's procedures for collecting fees and other charges

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On September 24, 2021, the Department of Public Service Regulation published MAR Notice No. 38-2-249 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 1194 of the 2021 Montana Administrative Register, Issue Number 18.

 

2. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

38.2.304 FEES, COSTS, ACCOMPANYING FORMS, AND COLLECTIONS  (1) remains as proposed.

(2)  Any entity other than the Montana Consumer Counsel that initiates a proceeding before the commission must either:

(a)  file a certified IRS Form W-9, Request for Taxpayer Identification Number and Certification, with its initial filing; or

(b)  keep a current, certified IRS Form W-9 on file with the department.

(3) through (8) remain as proposed.

 

3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT #1: In a written comment, the Montana Consumer Counsel said that it appreciated its exemption in (5) of the rule, and requested a similar exemption from the filing requirement in (2) of the rule.

 

RESPONSE #1:  The commission agrees that an exemption in (2) for the Montana Consumer Counsel is appropriate.  The commission has added that exemption.

 

 

/s/ Lucas Hamilton                                     /s/ James Brown                                        

Lucas Hamilton                                          James Brown

Rule Reviewer                                            Public Service Commission Chair

                                                                   Department of Public Service Regulation

           

Certified to the Secretary of State December 13, 2021.