BEFORE THE DEPARTMENT OF PUBLIC SERVICE REGULATION

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULE I and the repeal of ARM 38.2.2401, 38.2.2403, 38.2.2404, 38.2.2405, and 38.2.2406 pertaining to interventions

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NOTICE OF SECOND PUBLIC HEARING AND EXTENSION OF COMMENT PERIOD ON PROPOSED ADOPTION AND REPEAL

 

TO: All Concerned Persons

 

1. On December 9, 2022, the Department of Public Service Regulation's MAR Notice No. 38-2-258, which pertained to the public hearing on the proposed adoption and repeal of the above-stated rules, was published at page 2259 of the 2022 Montana Administrative Register, Issue Number 23.

 

2. The public hearing on the proposed adoption and repeal of the above-stated rules was held on January 10, 2023, and interested persons originally had through January 13, 2023, to submit written comments to the department's proposed rulemaking.  The department received no comments to the proposed rulemaking. 

 

3. On July 8, 2022, the department published MAR Notice No. 38-2-255, which proposed rulemaking to update the same intervention rules addressed in MAR Notice No. 38-2-258.  The department received substantial public comment regarding MAR Notice No. 38-2-255.  Based on that feedback, the department decided not to adopt the rulemaking proposed in in MAR Notice No. 38-2-255.

 

4. Given the lack of public comment on the rulemaking proposed in MAR Notice No. 38-2-258, the department is concerned there may have been confusion about the status of the department's current proposed rulemaking in MAR Notice No. 38-2-258. The department will therefore extend the comment period and hold a second public hearing to accept comments on the rulemaking proposed in MAR Notice No. 38-2-258.

 

5. On March 7, 2023, at 1:00 p.m., the Department of Public Service Regulation will hold a second public hearing in the Bollinger Room, 1701 Prospect Avenue, Helena, Montana, to consider the adoption and repeal of the above-stated rules, as proposed in MAR Notice No. 38-2-258. The hearing will be livestreamed at https://psc.mt.gov/livestream. Comments may be provided by telephone or videoconference.  Commenters seeking to participate by telephone or videoconference must contact the department at (406) 444-6199, by 5:00 p.m. on March 6, 2023, to receive the necessary call-in information for the hearing.

 

6. Interested persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to:  Department of Public Service Regulation, 1701 Prospect Avenue, P.O. Box 202601, Helena, MT, 59620-2601; telephone (406) 444-6199; fax (406) 444-7618; or e-mail [email protected], and must be received no later than 5:00 p.m. on March 10, 2023.

 

7. The Department of Public Service Regulation 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 of Public Service Regulation no later than 5:00 p.m. on March 1, 2023, to advise us of the nature of the accommodation that you need. Please contact the Department of Public Service Regulation, 1701 Prospect Avenue, P. O. Box 202601, Helena, Montana, 59620-2601; telephone (406) 444-6199; fax (406) 444-7618; or e-mail [email protected].

 

8. 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.

 

 

/s/ LAURA D. VACHOWSKI                  /s/ JAMES BROWN                             

Laura D. Vachowski                              James Brown

Rule Reviewer                                       President

                                                              Public Service Commission

         

Certified to the Secretary of State January 31, 2023.