BEFORE THE DEPARTMENT OF PUBLIC SERVICE REGULATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 38.5.1010 pertaining to construction of utility lines and facilities

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SECOND NOTICE OF PROPOSED AMENDMENT AND EXTENSION OF COMMENT PERIOD   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1.  On February 10, 2023, the Department of Public Service Regulation published MAR Notice No. 38-5-260 pertaining to the proposed amendment of the above-stated rule at page 152 of the 2023 Montana Administrative Register, Issue Number 3. The published notice established a deadline of March 10, 2023, for interested persons to submit written comments to the department regarding the proposed amendment of the above-stated rule.

 

2. The published notice contained language that may have led to confusion about whether a public hearing was contemplated for the proposed amendment of the above-stated rule.  This notice clarifies that no public hearing is currently contemplated for the proposed amendment, but under the circumstances described below a public hearing will be held.  This notice also affords interested parties an additional opportunity to comment on the proposed amendment of the above-stated rule.

 

3. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to the Department of Public Service Regulation, 1701 Prospect Avenue, P.O. Box 202601, Helena, MT, 59620-2601; telephone (406) 444-6199; fax (406) 444-7618; or e-mail pschelp@mt.gov, and must be received no later than 5:00 p.m., May 12, 2023.

 

4. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the Department of Public Service Regulation, 1701 Prospect Avenue, P.O. Box 202601, Helena, MT 59620-2601 no later than 5:00 p.m., May 12, 2023.

 

5. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected by the proposed action has been determined to be 2 persons based on 20 entities.

 

6. 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, contact the Department of Public Service Regulation no later than 5:00 p.m. on May 5, 2023, to advise us of the nature of the accommodation that you need. Please contact the Department of Public Service Regulation, 1701 Prospect Avenue, P.O. Box 202601, Helena, MT, 59620-2601; telephone (406) 444-6199; fax (406) 444-7618; or e-mail pschelp@mt.gov.

 

7. 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.

 

8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.  

 

 

/s/  DANIEL POLKOW                                /s/ JAMES BROWN                                   

Daniel Polkow                                             James Brown

Rule Reviewer                                             President

                                                                     Public Service Commission

           

Certified to the Secretary of State April 4, 2023.