BEFORE THE DEPARTMENT OF PUBLIC SERVICE REGULATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 38.5.1411, pertaining to medical emergencies

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NOTICE OF EXTENSION OF HEARING REQUEST AND  COMMENT PERIOD ON PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

            TO:  All Concerned Persons

 

            1.  On September 24, 2009, the Department of Public Service Regulation (PSC) published MAR Notice No. 38-2-204 regarding a notice of proposed amendment on the above-stated rule at page 1647, 2009 Montana Administrative Register, issue number 18.  The initial comment period was scheduled to end on October 28, 2009.

 

2.  The PSC is extending the time within which to submit written comments.  Concerned persons may submit their written data, views, or arguments (original and 10 copies) to Legal Division, Public Service Commission, 1701 Prospect Avenue, P.O. Box 202601, Helena, MT 59620-2601, and must be received no later than December 28, 2009 at 5:00 p.m., or may be submitted to the PSC through the PSC's web-based comment form at http://psc.mt.gov (go to "Contact Us," "Comment on Proceedings Online," then complete and submit the form) no later than December 28, 2009. (PLEASE NOTE: When filing comments pursuant to this notice please reference "Docket No. L-09.10.1-RUL.")  Any previous comments will be included in the rulemaking record.

 

            3.  Inadvertently, the initial proposal notice was not sent to persons on the interested persons list for the department's rulemaking proceedings, within three days of the initial publication as required by 2-4-302, MCA. The extended comment and request for public hearing period is intended to provide these persons with the opportunity to submit written comments or request a public hearing.

 

            4.  The rule proposed to be amended remains the same as published in MAR Notice No. 38-2-204.

 

5.  On December 30, 2009, the PSC proposes to amend the above-stated rule.  If persons who are directly affected by the proposed amendment wish to express their data, views, or arguments either orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Justin Kraske, Legal Division, Public Service Commission, 1701 Prospect Avenue, P.O. Box 202601, Helena, Montana 59620-2601, or e-mail [email protected] to be received no later than 5:00 p.m., December 28, 2009. 

 

6.  If the PSC receives requests for a public hearing on the proposed action from either 10% 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.  Ten percent of those directly affected has been determined to be 50 persons based on 500 medical exemption customers.

 

            7.  The PSC will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or who need an alternative accessible format of this notice.  If you require an accommodation, contact the PSC no later than 5:00 p.m. on December 16, 2009, to advise us of the nature of the accommodation you need.  Please contact Verna Stewart, PSC Secretary, 1701 Prospect Avenue, P.O. Box 202601, Helena, Montana 59620-2601; telephone (406) 444-6170; TTD (406) 444-6199; fax (406) 444-7618; or e-mail [email protected].

 

8.  The PSC maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the PSC.  Persons who wish to have their name added to the list shall make a written request which includes that name, e-mail address, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: electric utilities, providers, and suppliers; natural gas utilities, providers, and suppliers; telecommunications utilities and carriers; water and sewer utilities; common carrier pipelines; motor carriers; rail carriers; and/or administrative procedures.  Such written request may be mailed or delivered to Public Service Commission, Legal Division, 1701 Prospect Avenue, P.O. Box 202601, Helena, Montana 59620-2601, faxed to Verna Stewart at (406) 444-7618, e-mailed to [email protected], or may be made by completing a request form at any rules hearing held by the PSC.

 

            9.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

 

                                                                                    /s/ Greg Jergeson        

                                                                                    Greg Jergeson, Chairman

                                                                                    Public Service Commission

 

 

 

                                                                                    /s/ Robin A. McHugh

                                                                                    Reviewed by Robin A. McHugh

 

Certified to the Secretary of State, November 16, 2009.