No. 28129 (Amendment): R746-349-9. Pricing Flexibility Revocation, Conditions, or Restrictions

DAR File No.: 28129
Filed: 08/05/2005, 01:42
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to establish the procedural process to be followed if pricing flexibility for a telecommunications corporation is to be revoked or limited pursuant to Subsection 54-8b-2.3(8).

 

Summary of the rule or change:

This new rule section identifies the type of information that should be provided to the Public Service Commission (PSC) to revoke or limit pricing flexibility authority of a telecommunications corporation. The rule outlines the procedural process the PSC will follow in considering whether to revoke or limit pricing flexibility and how proceeding participants will gain access to and how to treat information claimed to be confidential during the proceedings.

 

State statutory or constitutional authorization for this rule:

Sections 54-4-1, 54-8b-2.3, and 63-46b-3

 

Anticipated cost or savings to:

the state budget:

None--No state agency activities are created or eliminated beyond what already exists.

 

local governments:

None--No local government activities are affected, as the rule addresses only the PSC's procedural process regarding the type of information to file with the PSC and treatment of information claimed to be confidential that is filed with that state agency.

 

other persons:

None--No individual actions/conduct is required or dictated beyond what already exists under Utah statute.

 

Compliance costs for affected persons:

None--The rule sets forth the procedural process that will be followed for the agency's and public's application of the revocation or limitation of pricing flexibility authority.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

Subsection 54-8b-2.3(8) provides that pricing flexibility for a telecommunications corporation may be revoked or limited by the Commission. The proposed rule section identifies the type of information and the procedural process the Commission desires to have and follow, should a request for revocation or limitation be pursued before the Commission. Ric Campbell, Chairman

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Barbara Stroud or Sandy Mooy at the above address, by phone at 801-530-6714 or 801-530-6708, by FAX at 801-530-6796 or 801-530-6796, or by Internet E-mail at [e-mail] or [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/03/2005

 

This rule may become effective on:

10/04/2005

 

Authorized by:

Barbara Stroud, Paralegal

 

 

RULE TEXT

R746. Public Service Commission, Administration.

R746-349. Competitive Entry and Reporting Requirements.

R746-349-9. Pricing Flexibility Revocation, Conditions, or Restrictions.

A. The Commission may initiate, or the Division, the Committee, or any interested person may request agency action for the Commission to initiate, a proceeding to revoke or impose conditions or restrictions on a telecommunications corporation's pricing flexibility as authorized by section 54-8b-2.3(8).

1. A request to initiate any proceeding pursuant to this rule shall:

a. Identify the telecommunications corporation or corporations and the public telecommunications service or services whose pricing flexibility the requesting party believes may be subject to revocation or imposition of conditions or restrictions;

b. The basis for the belief; and

c. The relief sought.

2. A request to initiate a proceeding shall be served upon the telecommunications corporation or corporations the requesting party has identified in the request, the Division and the Committee.

3. The telecommunications corporation or corporations against whom the request is directed and any other interested party may respond to the request in accordance with the Commission's procedural rules and standard practices.

4. If a proceeding is initiated, an interested party may request to review confidential information retained by the Commission or the Division that is reasonably related to any potential grounds for revocation, conditioning or restriction under section 54-8b-2.3(8). The party shall certify that it seeks to review that confidential information solely for purposes of determining whether a sufficient factual basis exists to and that the confidential information will not be used for any other purpose or disclosed to any persons who may be able to use the confidential information in business decisions to any party's competitive advantage. Prior to disclosing any confidential information, the Commission or the Division:

a. Shall require the requesting party to execute an appropriate nondisclosure agreement;

b. Shall notify any telecommunications corporation whose company-specific information would be disclosed of the request at least 14 calendar days before the planned date for disclosing such information; and

c. Shall not disclose the company-specific information of any telecommunications corporation that objects to disclosure of its confidential information, if such telecommunications corporation files with the Commission or Division and serves upon other parties an objection to the disclosure of such confidential information within 10 calendar days after receiving the notice required by 349-9.4.b. The Commission shall conduct a hearing at which the telecommunications corporation whose confidential information may be disclosed is given the opportunity to present its objections or request terms and conditions for disclosure and during which other parties may respond to the telecommunications corporation whose confidential information is sought to be disclosed.

5. In any proceeding conducted, the Commission will enter an appropriate protective order to ensure protection for confidential, proprietary, and competitively sensitive information that has been or is provided to the Commission, the Division, the Committee, or another party to the proceeding.

6. Nothing in this rule limits the ability of any party or the Commission to raise or address any issue in any other proceeding or as permitted by law.

 

KEY: essential facilities, imputation, public utilities, telecommunications

2005

Notice of Continuation March 13, 2002

54-7-25 through 28

54-8b-2

54-8b-3.3

63-46b