"AR 540 Notice of Proposed Rulemaking Hearing with Statement"
AR 540 Secretary of State NOTICE OF PROPOSED RULEMAKING HEARING* A Statement of Need and Fiscal Impact accompanies this form. Public Utility Commission 860 Agency and Division Administrative Rules Chapter Number Diane Davis PO Box 2148, Salem, Oregon 97308-2148 (503) 378-4372 Rules Coordinator Address Telephone RULE CAPTION In the Matter of Revisions to the Residential Service Protection Fund Administrative Rules. Not more than 15 words that reasonably identifies the subject matter of the agency’s intended action. October 28, 2009 10:00 a.m. PUC Main Hearing Room – 1st Floor Patrick Power 550 Capitol Street NE Salem, Oregon 97301 Hearing Date Time Location Hearings Officer Auxiliary aids for persons with disabilities are available upon advance request. RULEMAKING ACTION Secure approval of new rule numbers (Adopted or Renumbered rules) with the Administrative Rules Unit prior to filing. ADOPT: 860-033-0055 AMEND: 860-033-0001 through 860-033-0560 REPEAL: RENUMBER: AMEND & RENUMBER: Stat. Auth.: ORS 183, 756, 759 & Ch. 290 OL 1987 Other Auth.: Stats. Implemented: ORS 756.040, 759.036 & Ch. 290 OL 1987 RULE SUMMARY The rules in Division 033 regarding the Residential Service Protection Fund programs need to be updated to reflect current practices, to embrace new technologies, to improve reporting requirements to ensure that the Commission is reimbursing providers only for eligible customers, and to make housekeeping, organizational and other clarifying improvements. The Commission encourages participants to file written comments as early as practicable in the proceeding so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 540 on comments and file them by email to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97301. To view documents filed, see http://apps.puc.state.or.us/edockets/docket.asp?DocketID=15803 . AR 540 Participants wishing to monitor the hearing by telephone (listen only) must contact Diane Davis at firstname.lastname@example.org or (503) 378-4372 by close of business October 23, 2009, to request a dial-in number. To present oral comment at the hearing, participants must attend in person. The Agency requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business. October 28, 2009, Close of Hearing Last Day for Public Comment (Last day to submit written comments to the Rules Coordinator) /s/Diane Davis Diane Davis 09/11/09 Signature Printed name Date *Hearing Notices published in the Oregon Bulletin must be submitted by 5:00 pm on the 15th day of the preceding month unless this deadline falls on a weekend or legal holiday, upon which the deadline is 5:00 pm the preceding workday. ARC 920-2005 AR 540 Secretary of State STATEMENT OF NEED AND FISCAL IMPACT A Notice of Proposed Rulemaking Hearing or a Notice of Proposed Rulemaking accompanies this form. Public Utility Commission 860 Agency and Division Administrative Rules Chapter Number In the Matter of Revisions to the Residential Service Protection Fund Administrative Rules. Rule Caption (Not more than 15 words that reasonably identifies the subject matter of the agency’s intended action.) In the Matter of: Revisions to the Residential Service Protection Fund Administrative Rules. Statutory Authority: ORS 183, 756, 759 & Ch. 290 OL 1987 Other Authority: Stats. Implemented: ORS 756.040, 759.036 & Ch. 290 OL 1987 Need for the Rule(s): The rules in Division 033 regarding the Residential Service Protection Fund programs need to be updated to reflect current practices, to embrace new technologies, to improve reporting requirements to ensure that the Commission is reimbursing providers only for eligible customers, and to make housekeeping, organizational and other clarifying improvements. Documents Relied Upon, and where they are available: OAR 860-033 available online at http://arcweb.sos.state.or.us/rules/OARS_800/OAR_860/860_033.html 47 CFR § 54 (10 – 8 – 2008 Edition available online at http://www.access.gpo.gov/nara/cfr/waisidx_08/47cfr54_08.html Sections 2 to 16, chapter 290, Oregon Laws 1987, available online at http://www.leg.state.or.us/ors/759.html Fiscal and Economic Impact: Some telecommunications providers indicated that the new reporting requirements proposed in these rules may require programming changes to existing systems. One such provider anticipated costs up to $50,000 to implement the reporting requirements. Clarifying changes to the rules should expedite processing and help to ensure that only eligible customers receive appropriate benefits. Statement of Cost of Compliance: 1. Impact on state agencies, units of local government and the public (ORS 183.335(2)(b)(E)): The proposed changes to the Division 033 rules may have a positive impact on the Commission by reducing the time spent by its Staff to clarify and explain ambiguous and confusing rules. There will be no impact on other state agencies or units of local government. Telecommunications providers may experience a cost of compliance in relation to the reporting requirements but the potential magnitude of these additional costs cannot be quantified at this time. Otherwise the public will not experience a cost of compliance. 2. Cost of compliance effect on small business (ORS 183.336): a. Estimate the number of small businesses and types of business and industries with small businesses subject to the rule: The businesses subject to this rule are telecommunications providers. Some telecommunications providers are small businesses. As stated above, some of them may experience programming costs to comply with reporting requirements. AR 540 b. Projected reporting, recordkeeping, and other administrative activities required for compliance, including costs of professional services: The proposed amendments to these rules increase the reporting, recordkeeping or other administrative activities required by the telecommunications providers for compliance with the rule. The increased reporting is necessary to ensure that only eligible customers receive appropriate benefits. c. Equipment, supplies, labor and increased administration required for compliance: The telecommunications providers responding to requests for information about costs of compliance indicated that once the initial programming was completed, if necessary, the increased reporting would be performed within the duties of personnel currently responsible for reporting. How were small businesses involved in the development of this rule? The small businesses subject to this rule were given the opportunity to participate in rounds of informal comments on drafts of the proposed rule and in a Commission Staff sponsored workshop. Administrative Rule Advisory Committee consulted?: No If not, why?: The telecommunications providers subject to this rule were given the opportunity to participate in rounds of informal comments on drafts of the proposed rule and in a Commission Staff sponsored workshop. In addition the Telecommunication Devices Access Program Advisory Committee members reviewed the draft proposed rules and provided informal comment to the Commission Staff. /s/Diane Davis Diane Davis email@example.com 09/11/09 Signature Printed name Date Filed Administrative Rules Unit, Archives Division, Secretary of State, 800 Summer Street NE, Salem, Oregon 97310. ARC 925-2007