BILL NO A02651
SAME AS SAME AS S01088
Amd S307, St Ad Proc Act
Requires a party to file notice of ex parte communications in proceedings
involving the validity or application of rates, facilities, or practices of
public utilities or carriers.
TITLE OF BILL:
to amend the state administrative procedure act, in relation to ex parte
PURPOSE OR GENERAL IDEA OF BILL: This bill would
require any party involved in proceedings before the State Public
Service Commission (PSC) to give written notification of any ex parte
communications with the PSC to other affected parties, if such
communications are otherwise permitted under SAPA.
SUMMARY OF SPECIFIC PROVISIONS: The State
Administrative Procedure Act is amended to provide that, where ex parte
communications are permitted before the Public Service Commission, there
will be a requirement that communicating parties file a notice and
summary of such communications with the Commission and serve all parties
to the proceeding.
JUSTIFICATION: The current provisions of the State
Administrative Procedure Act prohibit certain ex parte communications
with the Public Service Commission. The bill amends this section to
require that, where communications are permitted under the Act,
communicating parties must file and serve a notice and summary of such
communication with the Commission and the parties to the relevant
proceeding. Such notice will ensure that all parties are aware of
communications and able to respond to arguments made or information
These provisions are very similar to the ex parte rules that apply to
the Federal Communications Commission, and balance Department Staff and
Commissioners' need to access information with parties' due process
PRIOR LEGISLATIVE HISTORY: New Legislation.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the
thirtieth day after it shall have a law.