BEFORE THE DEPARTMENT OF PUBLIC SERVICE REGULATION
OF THE STATE OF MONTANA
In the matter of the repeal of ARM 38.5.8301 and 38.5.8302 pertaining to Montana's Renewable Energy Resource Standard
NOTICE OF PUBLIC HEARING ON PROPOSED REPEAL
TO: All Concerned Persons
1. On March 7, 2022, at 10:00 a.m., the Department of Public Service Regulation will hold a public hearing in the Bollinger Room, at 1701 Prospect Avenue, Helena, Montana, 59620-2601, to consider the proposed repeal of the above-stated rules. The Department will accommodate remote participation via video conference. Commenters seeking to participate in the hearing by video conference must contact the Department at 1-800-646-6150 by 5 p.m., March 4, 2022, to receive the necessary call-in information for the hearing. The hearing will be livestreamed at http://psc.mt.gov/stream.
2. 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, please contact the Department of Public Service Regulation no later than 5:00 p.m. on March 2, 2022, to advise us of the nature of the accommodation that you need. Please contact Tarin Slayton at the department by telephone at (406) 444-6170, by TDD/Montana Relay Service at 444-4212, or by e-mail at email@example.com.
3. The department proposes to repeal the following rules:
38.5.8301 RENEWABLE ENERGY RESOURCE STANDARD – PUBLIC UTILITIES
AUTH: 69-3-103, 69-3-2006, 69-8-1006, MCA
IMP: 69-3-2003, 69-3-2004, 69-3-2005, 69-3-2006, 69-8-1004, 69-8-1005, 69-8-1006, 69-8-1007, MCA
38.5.8302 RENEWABLE ENERGY STANDARD -- ELECTRICITY SUPPLIERS
AUTH: 69-3-103, 69-3-2006, MCA
IMP: 69-3-2003, 69-3-2004, 69-3-2005, 69-3-2006, MCA
REASON: These regulations lack statutory authority after the passage of HB 576—"An Act Repealing the Montana Renewable Power Production and Renewable Economic Development Act"—by the 2021 Montana Legislature.
4. Concerned 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 Tarin Slayton, Department of Public Service Regulation, 1701 Prospect Ave, Helena, Montana, 59620-2601; telephone (406) 444-6170; fax (406) 444-7618; TDD/Montana Relay Service 444-4212; or e-mail firstname.lastname@example.org, and must be received no later than 5:00 p.m., March 14, 2022.
5. 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.
6. The commission, a commissioner, or a duly appointed presiding officer may conduct the hearing.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the Department.
8. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor, Representative Jerry Schillinger, was contacted by the commission by phone and e-mail, and invited to comment on the proposed rulemaking.
9. With regard to the requirements of 2-4-111, MCA, the department has determined that the repeal of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Lucas Hamilton /s/ James Brown
Lucas Hamilton James Brown
Rule Reviewer Chair
Public Service Commission
Certified to the Secretary of State February 1, 2022.