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 DECISION ON PROPOSED ADOPTION AND REPEAL

 

TO: All Concerned Persons

 

1.  On July 8, 2022, the Department of Public Service Regulation published MAR Notice No. 38-2-255 pertaining to the public hearing on the proposed adoption and repeal of the above-stated rules at page 1185 of the 2022 Montana Administrative Register, Issue Number 13. 

 

2.  A public hearing on the notice of proposed adoption and repeal of the above-stated rules was held on August 2, 2022.

 

3.  The Commission received substantial feedback concerning the proposed new rule.  Many commenters expressed concern that the rule as drafted would inappropriately curtail public participation in Commission proceedings.  Although the Commission does not agree that the rule as proposed would impair the public's right to participate in Commission proceedings, the Commission has decided to revise its proposed rule and begin a new rulemaking process.  To avoid confusion about the content of and reasons for the proposed rule, the Commission has decided not to adopt and repeal the rules as noticed in MAR Notice No. 38-2-255.

 

 

/s/ LUCAS HAMILTON                               /s/ JAMES BROWN                       

Lucas Hamilton                                           James Brown

Rule Reviewer                                             President

                                                                    Montana Public Service Commission

                                                                    Department of Public Service Regulation

 

 

Certified to the Secretary of State November 29, 2022.