reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.3 - Joinder of requests for relief

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petitioner
				may join in a single petition more than one independent or alternative request
				for relief subject, however, to the payment of the statutory filing fees
				applicable to each of the approvals sought.
(b) The Board may in its discretion sever
				matters so joined for hearing and determination or take such other action as
				may be in the public interest.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.4 - Procedures of Board on filing of petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If in
				the opinion of the Board the petition complies substantially with these rules
				and appears on its face to state a matter within this Board's jurisdiction, and
				necessary copies have been received and fees paid, the Secretary of the Board
				shall file same.
(b) If after
				review the Board determines that a petition is deficient, the Board may refuse
				to consider and may issue an order dismissing said petition. In the case of a
				petition proposing increases in charges to customers, the time frame for Board
				decision set forth in
				48:2-21(d)  shall
				not begin to run until a complete petition has been filed with the
				Board.
(c) Unless otherwise
				directed by the Board, petitions and subsequent pleadings shall be served by
				the parties as provided for in
				14:1-4.5.
(d) If within the time allowed for answer,
				the respondent makes an offer of satisfaction, which is accepted by the
				petitioner, such offer and acceptance signed by the parties or their attorneys
				shall be filed with the Board and if not acted on by the Board within 60 days,
				the petition shall be deemed satisfied and the proceedings closed without
				further action.
(e) When the
				respondent has not satisfied the petition, the Board may schedule a hearing
				thereon and issue such decision or order as the facts and circumstances appear
				to require.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.5 - Petitions for approval of franchises or consents

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Petitions for approval of a franchise or consent shall conform to the
				provisions of N.J.A.C. 14:1-4 and
				14:1-5.1 through 5.4, to the
				extent applicable. The following information shall also be supplied in the body
				of the petition or in attached exhibits:
1. A
				certified copy of the franchise or consent involved including the terms and
				conditions relating thereto;
2.
				Proof that all statutory requirements relating to the obtaining of the
				franchise or consent have been met; and
3. The reason why petitioner believes that
				the franchise or consent is necessary and proper for the public convenience and
				will properly conserve the public interest.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.6 - Petitions for the approval of the sale or lease of property

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Petitions for the approval of the sale, conveyance, or lease of real or
				personal property, or the granting of an easement, or like interest therein as
				required by law shall conform to the provisions at
				N.J.A.C.
				14:1-4, 5.1, 5.2, 5.3, and 5.4 to the extent
				applicable, and shall, in the body thereof, or in attached exhibits, also
				provide the following information:
1. An
				original and one copy of a separate sheet or sheets designated Schedule "A"
				containing a description of the property;
i.
				For real property, the location by municipality and county, a metes and bounds
				or other adequate description of the property, together with a description of
				the property and rights, if any, reserved by the utility shall be
				shown;
ii. For personal property,
				sufficient information to identify the property adequately shall be
				included;
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.7 - Petitions for authority to change depreciation rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for
				the approval of change or variation in the rates of depreciation used shall
				conform to the provisions of N.J.A.C. 14:1-4 and
				14:1-5.1 through 5.4, to the
				extent applicable, and shall in the body thereof, or in attached exhibits, also
				provide the following information:
1. The
				existing and proposed rates of depreciation;
2. The existing and proposed methods of
				calculating or determining the rates of depreciation;
3. The calculations or studies supporting the
				proposed change in depreciation rates;
4. The effect of the proposed changes on
				operating revenue deductions and operating income; and
5. A statement as to the date when it is
				proposed to make the changes in depreciation rates effective, which date shall
				not be earlier than 90 days after the filing of a petition under this
				rule.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.8 - Petitions for authority to exercise power of eminent domain

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions
				for authority to exercise the power of eminent domain shall conform to the
				requirements of N.J.A.C. 14:1-4 and 5.1 through 5.4, to the extent applicable,
				and shall in the body thereof, or in attached exhibits, also provide the
				following information:
1. The names, and
				addresses if known, of the owners of the property to be condemned or of any
				interest therein, with a specification of the interest of each such
				owner;
2. The names of such owner
				or owners whose whereabouts or address is unknown;
3. A map or plot plan. In addition, there
				shall be filed with the petition 20 copies of a separate sheet, designated
				Schedule "A", which shall contain a proper metes and bounds description of the
				property to be acquired;
4. A brief
				description of the improvements thereon, if any, and the present and potential
				character and uses of the property;
5. Allegations that the property desired is
				reasonably necessary for the service, accommodation, convenience, or safety of
				the public, and that the taking of such property is not incompatible with the
				public interest, and would not unduly injure the owners of private property;
6. A statement of the reasons why
				the property cannot be purchased by negotiation; and
7. Where the petitioner has, after diligent
				search, been unable to determine the name and address of the owner of the
				property to be condemned or of any interest therein, such facts must be stated
				in an affidavit of inquiry prepared in the manner provided for in the Rules
				Governing the Courts of the State of New Jersey.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.10 - Petitions for authority to transfer capital stock

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for
				authority to transfer upon the books and records of any public utility,
				pursuant to
				48:3-10, any share or shares of
				its capital stock, shall conform to the provisions of N.J.A.C. 14:1-4 and
				14:1-5.1 through 5.4, to the
				extent applicable, and shall in the body thereof, or in attached exhibits, also
				provide the following information:
1. The
				name and address of the proposed transferor and transferee;
2. A description of the proposed transferee
				including information as to whether the proposed transferee is a public
				utility, a holding company either separately or by affiliation in a utility
				holding company system, or a person or other domestic or foreign
				corporation;
3. A description of
				the capital stock proposed to be transferred including the class of shares,
				number of shares and the par or stated value thereof;
4. The percent in interest of the outstanding
				voting capital stock of the public utility which the proposed transfer, either
				by itself or in connection with other previous sales or transfers, will vest in
				the transferee;
5. The reason for
				the proposed transfer;
6. Details
				and explanation of any changes expected to be made, if the petition is
				approved, in:
i. The board of
				directors;
ii. Officers and active
				managers; and
iii. Company policies
				with respect to its operations, financing, accounting, capitalization, rates,
				depreciation, maintenance, services and any other matters affecting the public
				interest; and
7. The
				qualifications and the business or technical experience of the proposed
				officers, directors and stockholders, or other principal management and
				operating personnel with particular respect to their ability to carry out the
				utility's obligation to render safe, adequate and proper service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.11 - Tariff filings which do not propose increases in charges to customers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tariff filings for the purpose of making
				effective initial tariffs or revisions, changes, or alterations of existing
				tariffs; and which are not filed because of the need for additional revenue
				from products or services covered by existing tariffs; and which do not propose
				increases in charges to customers, shall conform to the provisions at
				N.J.A.C.
				14:1-4.2A, 5.1, 5.2, 5.3, and 5.4, to the
				extent applicable, and shall, in the body thereof, or in attached exhibits,
				also provide the following information:
1.
				The proposed tariff or revision, change, or alteration thereof, together with
				an explanation of the manner in which the tariff or change differs from the
				existing or prior tariff, and the effect, if any, upon revenue;
2. A statement of the reasons why the tariff
				or change is proposed to be filed;
3. A statement of notices given, if any,
				together with a copy of the text of each said notices;
4. A statement as to the date on which it is
				proposed to make the tariff or change effective, which date shall not be
				earlier than 30 days after the filing unless otherwise permitted by the Board;
				and
5. In the case of initial
				tariffs, pro forma income statements for each of the first two years of
				operations and actual or estimated balance sheets as at the beginning and end
				of each year of said two-year period.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.12A - Changes to levelized energy adjustment clause rates, basic generation service rates, or basic gas supply service pricing rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				otherwise ordered or permitted by the Board, a utility that files a request for
				an adjustment to its levelized energy adjustment clause rates, its basic
				generation service clause rates, or its basic gas supply service pricing clause
				rates, shall conform to the following requirements:
1. Not less than seven days prior to the
				effective date of the adjustment, or five days prior in the case of a decrease
				to the periodic basic gas supply service pricing clause rate, a supplemental
				tariff sheet shall be filed setting forth the amount of the adjustment for each
				classification of service and the proposed effective date thereof;
2. The filing of the supplemental tariff
				sheet as provided in (a)1 above shall be accompanied by a detailed calculation
				showing for each class of service the calculation by which the proposed
				adjustment was derived, the amount by which the said adjustment will increase
				or decrease utility operating revenues on an annual basis, and the amount by
				which the change in the basic raw material cost will increase or decrease
				operating revenue deductions on an annual basis; and
3. The filing of the supplemental tariff
				sheet referred to in (a)1 above shall also be accompanied by any additional
				information which the Board may have required in any order or other
				authorization by which the adjustment clause was permitted to be filed, or
				which the Board may hereafter require with respect to such a filing.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.13 - Informal complaint in lieu of petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In lieu
				of filing a petition, an informal complaint may be made by letter, email,
				electronic filing, or telephone.
(b) Matters thus presented may be taken up by
				the Board or its staff with the parties affected by correspondence or
				otherwise, in an endeavor to bring about an adjustment of the subject matter of
				the complaint without formal hearing order.
(c) While no form of informal complaint is
				prescribed, to be considered by the Board, such informal complaint must state
				the name and address of the complainant and the party complained of, as well as
				the essential facts upon which the complaint is based, including the dates of
				acts or omissions complained of and the desired outcome.
(d) Informal complaints are usually assigned
				to the Board's appropriate operating division which deals with the subject
				matter involved, or to the Board's Division of Customer Assistance. The
				appropriate division then brings the matter to the attention of the regulated
				entity and directs the latter to submit information deemed to be pertinent as
				well as a statement of its position.
(e) Following a study and review of the
				complainant's and regulated entity's positions and supporting data and after
				such informal conferences as may be held, an attempt is made to effect an
				amicable adjustment of the dispute.
(f) Depending upon the type of informal
				complaint initiated, Board staff shall telephone, e-mail or send a letter to
				the complainant, and shall e-mail or send a letter to the regulated entity
				reflecting the results, if any, of the processing of the informal
				complaint.
(g) Informal complaints
				shall be without prejudice to the right of any party to file a petition or of
				the Board to institute a formal proceeding.
(h) While informal complaints are recommended
				wherever practicable as a method designed for amicable adjustment of disputes,
				no mandatory or prohibitory order will be issued on an informal
				complaint.
(i) A party desiring a
				decision or order of the Board must file a petition in accordance with
				N.J.A.C.
				14:1-4, 5 and 6. Also see
				14:1-1.5(a).
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.14 - Petitions for approval of a merger, consolidation, acquisition and/or change in control; standard of review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petition for
				approval of any of the following shall conform to the provisions of N.J.A.C.
				14:1-4 and
				14:1-5.1 through 5.4 and 5.9 to
				the extent applicable:
1. A merger or
				consolidation of one public utility of New Jersey with that of another public
				utility;
2. A merger or
				consolidation of one public utility of New Jersey with a parent holding company
				of another public utility or with any other corporate or business entity;
				or
3. The acquisition of a public
				utility of New Jersey and/or a change in control of the public
				utility.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.15 - Petitions for permission to keep books and records outside the State of New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for
				authority to keep books, records, accounts, documents and other writings
				outside the State of New Jersey, filed with the Board, as required under
				48:3-7.8, shall conform to the
				provisions of N.J.A.C. 14:1-4 and
				14:1-5.1 through 5.4, to the
				extent applicable, and shall in the body thereof, or in attached exhibits, also
				provide the following information:
1. A
				complete description of the specific books, records, accounts, documents and
				other writings proposed to be kept outside the State of New Jersey;
2. The exact location where the books and
				records will be kept;
3. If all
				books and records will not be kept outside the State, what remaining records
				will be kept at the New Jersey location;
4. The reason for proposing to keep its books
				and records at a location outside the State;
5. The availability of adequate required
				space, facilities and experienced personnel at the new location;
6. The cost to the petitioner of maintaining
				the books and records at the new location as compared with that of maintaining
				the records at the New Jersey location;
7. The extent of the financial advantage to
				the customers and other benefits to the public utility which will result from
				keeping the books and records outside the State;
8. Whether the books and records which will
				be kept at the location outside the State will be, on notice in writing of the
				Board, produced at such time and place within this State as the Board may
				designate;
9. Whether the
				petitioner will pay to the Board any reasonable expenses or charges incurred by
				the Board for any investigation or examination, if the Board grants said
				permission;
10. The location where
				the petitioner will continue to maintain an office within the State of New
				Jersey for the convenience of its customers to pay bills, file complaints and
				conduct other business with the utility; and
11. The name and address of the petitioner's
				statutory agent.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 5 - PETITIONS › Section 14:1-5.16 - Petitions for rulemaking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				interested person may petition the Board to adopt a new rule or amend or repeal
				an existing rule.
(b) The review of
				the petition by the Board shall not be considered a contested case and is not
				subject to the provisions of N.J.A.C. 14:1-8.
(c) The petition must be submitted pursuant
				to the provisions of this subchapter and shall state clearly and concisely:
1. The substance or nature of the rulemaking
				that is requested;
2. The reasons
				for the request and the petitioner's interest in the request; and
3. References to the authority of the agency
				to take the requested action.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 6 - ANSWERS AND REPLIES › Section 14:1-6.1 - Form and content

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party
				against whom a petition is directed and who desires to contest the same or make
				any representation to the Board in connection therewith shall file an answer in
				writing thereto with the Board.
(b)
				The answer shall be so drawn as to apprise the parties and the Board fully and
				completely of the nature of the defense and shall admit or deny specifically
				and in detail all material allegations of the petition.
(c) Matters alleged by way of affirmative
				defense shall be separately stated and numbered.
(d) Answers shall not be required in any rate
				proceeding instituted by a public utility.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 6 - ANSWERS AND REPLIES › Section 14:1-6.2 - Time for filing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				otherwise provided in these rules or ordered by the Board, an answer, if made,
				must be filed within 20 days after the service of the pleading against which it
				is directed. A party desiring to reply to an answer shall file the same with
				the Board within 10 days after service of the answer.
(b) Whenever the Board believes the public
				interest requires expedited procedure, it may shorten the time for any answer
				or reply.
(c) Upon motion on notice
				to all parties to the proceeding, the Board or its Secretary may, in their
				discretion, extend or shorten the time to file an answer or reply.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 7 - CONFERENCES AND SETTLEMENTS › Section 14:1-7.1 - Purposes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of
				this subchapter is to foster early settlement of cases pending before the Board
				prior to the case being transmitted to the Office of Administrative Law and to
				provide a vehicle for the parties to file pre-transmittal motions with the
				Board for retention and disposition of certain issues. Pre-transmittal
				settlement conferences of parties or their attorneys may be held to provide
				opportunity for a settlement, subject to approval of the Board, of a proceeding
				or any of the issues therein, and for the submission and consideration of
				facts, argument, offers of settlement or proposals of adjustments, as time, the
				nature of the proceeding and the public interest may permit.
(b) Pre-transmittal conferences of parties or
				their attorneys may be held to expedite the disposition of any hearing. At such
				conferences there may be considered, in addition to the matters set forth in
				(a) above, the following:
1. Identification
				and simplification of the issues;
2. Admissions or stipulations of
				facts;
3. Identification of those
				matters or issues which should either be retained for disposition by the Board
				or be transmitted to the Office of Administrative Law; and
4. Such other matters as may be properly
				dealt with to aid in expediting the proceeding.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 7 - CONFERENCES AND SETTLEMENTS › Section 14:1-7.2 - Initiation of conferences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board or a
				Board-designated officer, with or without motion, may direct that a conference
				be held at any stage prior to transmittal to the Office of Administrative Law
				or at any time when the Board certifies a case unto itself pursuant to
				52:14F-8(b).
(b) On motion of a party, the
				Board-designated officer may direct the parties or their attorneys to appear
				for a conference to consider the matters set forth in
				14:1-7.1(b).
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 7 - CONFERENCES AND SETTLEMENTS › Section 14:1-7.3 - Stipulation of conference results

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon conclusion
				of the pre-transmittal conference, the parties or their attorneys shall reduce
				the results thereof to the form of a written stipulation reciting the matters
				agreed upon, and three copies thereof shall be filed with the Board within 10
				days of the date of the conference. If no stipulations are reached, the matter
				shall be immediately transmitted to the Office of Administrative Law.
(b) Such stipulations shall be signed by the
				parties or their attorneys, may be received in evidence as part of the record
				and, when so received, shall be binding on the parties with respect to the
				matters therein stipulated.
(c)
				Such stipulations are subject to review by the Board at a regularly scheduled
				agenda meeting.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 7 - CONFERENCES AND SETTLEMENTS › Section 14:1-7.4 - Authority of Board-designated officers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				Board-designated officer shall have the authority to conduct and preside over
				pre-transmittal conferences in the interest of fostering resolution of
				issues.
(b) When appropriate, a
				Board-designated officer may submit a pre-transmittal order which shall be
				reviewed by the Board at an agenda meeting and, if acceptable, shall be adopted
				as its own order.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 7 - CONFERENCES AND SETTLEMENTS › Section 14:1-7.5 - Approval of settlements

Current through Register Vol. 56, No. 14, July 15, 2024
A settlement includes any agreement between the parties that
				  resolves disputed matters and may end all or part of the case. No settlement
				  shall be deemed approved by the Board unless acted on in accordance with
				  48:2-40. This section shall not
				  apply to withdrawn petitions or informal complaints.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 8 - CONTESTED CASE HEARINGS › Section 14:1-8.1 - Contested case procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The hearing in any matter which is determined by the Board to
				  be a contested case shall be conducted pursuant to the procedures in the
				  Administrative Procedure Act,
				  N.J.S.A.
				  52:14B-1 and
				  52:14F-1,
				  the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1, and the Board of
				  Public Utilities Rules of Special Applicability, N.J.A.C.
				  1:14.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 8 - CONTESTED CASE HEARINGS › Section 14:1-8.2 - Argument on exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
After receipt of the initial decision, the exceptions and
				  answers thereto, if any, will be disposed of by the Board based on the
				  exceptions, answers and briefs filed unless the Board, in its discretion,
				  requires or permits oral argument, in which case the Board will schedule the
				  matter for argument before it.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 8 - CONTESTED CASE HEARINGS › Section 14:1-8.3 - Review of initial decision by the Board on its own motion

Current through Register Vol. 56, No. 14, July 15, 2024
The Board may institute on its own motion a review of any
				  aspect of the initial decision and it may call for oral argument, the filing of
				  briefs, or both, or the taking of additional testimony.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 8 - CONTESTED CASE HEARINGS › Section 14:1-8.4 - Method of reopening

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At any time
				after the conclusion of a hearing in a proceeding or adjournment thereof sine
				die, but before the entering and issuance by the Board of its final decision or
				order, any party to the proceeding may file with the Board a motion to reopen
				the hearing for the purpose of taking additional evidence. Such motion shall
				set forth clearly the reasons for reopening of the hearing, including any
				material changes of fact or of law alleged to have occurred since the last
				hearing.
(b) If, after the hearing
				in a proceeding, the Board shall have reason to believe that conditions of fact
				or of law have so changed as to require, or that the public interest requires,
				the reopening of such hearing, the Board will issue an order for the reopening
				of same.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 8 - CONTESTED CASE HEARINGS › Section 14:1-8.5 - Motions to reopen

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the effective date of the final
				decision, a party may file for the reopening of the proceeding. Upon filing by
				any party of a motion for the reopening of a proceeding, appropriate notice
				thereof shall be given forthwith by the moving party to all other parties, or
				their attorneys of record, by service of a copy of the motion for
				reopening.
(b) Within 10 days
				following the service of a motion to reopen, any party to the proceeding may
				serve upon the moving party and file with the Board an answer thereto, and in
				default thereof shall be deemed to have waived any objection to the granting of
				such motion.
(c) As soon as
				practicable after the filing of answers to a motion to reopen or default
				thereof, as the case may be, the Board will grant or deny such motion. The
				action by the Board may be conditioned on reasonable terms.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 8 - CONTESTED CASE HEARINGS › Section 14:1-8.6 - Rehearing, reargument, or reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				motion for rehearing, reargument, or reconsideration of a proceeding may be
				filed by any party within 15 days after the effective date of any final
				decision or order by the Board.
1. Such
				motion shall state in separately numbered paragraphs the alleged errors of law
				or fact relied upon and shall specify whether reconsideration, reargument,
				rehearing or further hearing is requested and whether the ultimate relief
				sought is reversal, modification, vacation or suspension of the action taken by
				the Board or other relief.
2. Where
				opportunity is also sought to introduce additional evidence, the evidence to be
				adduced shall be stated briefly together with reasons for failure to previously
				adduce said evidence.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 8 - CONTESTED CASE HEARINGS › Section 14:1-8.7 - Motions and answers on rehearing, reopening, or reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				copy of the motion shall be served by the moving party upon all other parties
				or their attorneys of record, forthwith upon the filing hereunder. The moving
				party shall also give such notice, as the Board may direct, of the filing of
				the motion to all other persons to whom notice of the original hearing had been
				given.
(b) Any answer to the motion
				shall be filed within 10 days following the service of the motion. Failure to
				file an answer shall be deemed to be a waiver of any objection to the granting
				of the motion.
(c) Any motion
				hereunder which is not granted or otherwise expressly acted upon by the Board
				within 60 days after the filing thereof shall be deemed denied, unless the
				parties are otherwise notified in writing by the Board or its
				Secretary.
(d) The filing or
				granting of any motion under this rule shall not operate as a stay of the
				Board's decision or order. A stay will be granted only for good cause
				shown.
(e) Appeals of the Board's
				rulings on a motion for rehearing, reopening, or reconsideration must be made
				to the Appellate Division within 45 days of the Board's Order. The Rules
				Governing the Courts of the State of New Jersey provide the rules and
				procedures for filing the appeal. Information regarding filing an appeal may be
				obtained from the Superior Court of the State of New Jersey.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 9 - UNCONTESTED CASE PROCEEDINGS › Section 14:1-9.1 - Uncontested case proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies only to a matter which the Board
				  determines to constitute an uncontested case. Where the Board determines to
				  hold a hearing in an uncontested case, said hearing shall be conducted pursuant
				  to this section and, in the absence of a specific provision herein, pursuant to
				  the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and the Board of
				  Public Utilities Rules of Special Applicability, N.J.A.C.
				  1:14.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 9 - UNCONTESTED CASE PROCEEDINGS › Section 14:1-9.2 - Designation

Current through Register Vol. 56, No. 14, July 15, 2024
The Board may by general order in writing designate as a
				  presiding officer such person or persons, as provided by statute, as its
				  representative or representatives in and on its behalf to conduct any hearing
				  in any uncontested proceeding now or hereafter pending before the Board.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 9 - UNCONTESTED CASE PROCEEDINGS › Section 14:1-9.3 - Filing

Current through Register Vol. 56, No. 14, July 15, 2024
Pleadings, correspondence or other documents pertaining to
				  an uncontested case shall be filed pursuant to N.J.A.C. 14:1-6. Copies of such
				  correspondence shall be filed with the presiding officer and with the parties
				  of record.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 9 - UNCONTESTED CASE PROCEEDINGS › Section 14:1-9.4 - Cameras and recording devices

Current through Register Vol. 56, No. 14, July 15, 2024
Cameras or recording devices may be used at uncontested case
				  proceedings in accordance with the standards and procedures of
				  14:1-1.8.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 9 - UNCONTESTED CASE PROCEEDINGS › Section 14:1-9.5 - Appearances

Current through Register Vol. 56, No. 14, July 15, 2024
Any person appearing in a representative capacity in any
				  uncontested case proceeding shall conform to the requirements of N.J.A.C.
				  14:1-3.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 9 - UNCONTESTED CASE PROCEEDINGS › Section 14:1-9.6 - Service

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever a party has the right or is required to do some act
				  within a prescribed period after the serving of a notice or other paper upon
				  said party, and the notice or paper is served upon said party by mail, three
				  days from the date of mailing shall be added to the prescribed period.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 10 - COMPLIANCE WITH ORDERS, DECISIONS, AND RECOMMENDATIONS › Section 14:1-10.1 - Orders and decisions

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the effective date of an order or decision of the Board,
				  the party to whom the same is directed must notify the Board on or before the
				  date specified in said order or decision, whether or not compliance has been
				  made in conformity therewith.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 10 - COMPLIANCE WITH ORDERS, DECISIONS, AND RECOMMENDATIONS › Section 14:1-10.2 - Recommendations

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the making of any recommendation by the Board, the
				  party to whom the same is directed must within 15 days after the making of the
				  recommendation, unless otherwise specifically required, notify the Board of the
				  acceptance or rejection thereof. Failure to comply with this rule will be
				  deemed an acceptance of the recommendation.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 10 - COMPLIANCE WITH ORDERS, DECISIONS, AND RECOMMENDATIONS › Section 14:1-10.3 - Extension of time limits

Current through Register Vol. 56, No. 14, July 15, 2024
In instances where the Board's decision or order contains a
				  specific time or date for compliance, and the petitioner desires extension of
				  such time limit, petition to the Board shall be made in writing at least five
				  days before the expiration of the time limit.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 10 - COMPLIANCE WITH ORDERS, DECISIONS, AND RECOMMENDATIONS › Section 14:1-10.4 - Answers to communications

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise specified, any letter or notice from the
				  Board directing investigation of any matter under its jurisdiction must be
				  complied with by the utility and a report received by the Board within 15 days
				  from the date of the letter or notice. If circumstances prevent compliance with
				  this section, the utility must advise the Board, in writing within the above
				  prescribed period, of its inability to comply and the reasons
				  therefor.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				sets forth the procedures for making information received by the Board of
				Public Utilities in administering its duties available to the public and
				maintaining confidentiality of certain parts of the information.
(b) Any person or entity required to submit
				or who does submit to the Board any information pursuant to Titles 48 and 52 of
				the New Jersey Statutes or Title 14 of the New Jersey Administrative Code,
				which in the person's or entity's opinion constitutes trade secrets, energy
				trade secrets or other energy information submitted pursuant to
				52:27F-18, proprietary commercial
				or financial information, or information which if disclosed, would be likely to
				cause damage to either a competitive or bidding position or national security,
				may assert a confidentiality claim by following the procedures set forth in
				this subchapter.
(c) With regard to
				any determination related to a request for the confidential treatment of
				information, the provisions of N.J.A.C. 17:44-5.1, 5.2 and 5.4 shall be taken
				into consideration.
(d) This
				subchapter is only one of several legal mandates which govern the public
				release of information submitted to the Board. Because the Board is an agency
				in but not of the Department of Treasury, pursuant to
				52:18A-2.1, the Board will apply
				the Department of Treasury's OPRA rules in addition to the provisions of this
				subchapter. In addition, some provisions of OPRA and other applicable statutes,
				which apply to the confidentiality of submitted information, may apply but are
				not repeated in these rules. Executive Orders No. 21 and 26 (2002) also apply
				to the Board's treatment of submitted information.
(e) Nothing in this subchapter shall limit
				the Board's authority to make a confidentiality determination within the
				context of a hearing or other proceeding or with regard to any other matter the
				Board may deem appropriate. Any confidentiality determination by the Board
				shall bind the custodian when reviewing confidentiality claims pursuant to this
				subchapter.
(f) The Board shall use
				the procedures in this subchapter to implement its authority under N.J.S.A.
				52:27F-18d to make determinations regarding the confidentiality of energy trade
				secrets and other energy information submitted to the Board pursuant to N.J.S.A
				52:27F-18d.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.3 - Procedure for making a confidentiality claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				or entity required to submit or who does submit to the Board information
				pursuant to Titles 48 and 52 of the New Jersey Statutes or Title 14 of the New
				Jersey Administrative Code, which such person believes in good faith to
				constitute confidential information, may assert a confidentiality claim by
				following the procedures set forth in this subchapter.
(b) A claimant shall submit, to the
				custodian, a confidential copy and a preliminary public copy, as those terms
				are defined at
				N.J.A.C.
				14:1-12.2, of the entire record containing
				asserted confidential information. The preliminary public copy shall carry a
				notation, in a form to be developed by the custodian, stating that confidential
				information has been redacted or deleted. The custodian may disclose the
				preliminary public copy to any person, without restriction or
				limitation.
(c) The claimant shall
				label the first page of the confidential copy "CONFIDENTIAL COPY." At the top
				of each page of the confidential copy which contains information that the
				claimant asserts is confidential, the claimant shall place a boldface heading
				reading "CONFIDENTIAL." The claimant shall clearly underscore or highlight all
				information in the confidential copy which the claimant asserts to be
				confidential.
(d) If the claimant
				sends a physical copy of the information claimed to be confidential to the
				Board, the claimant shall seal the confidential copy in an envelope displaying
				the word "CONFIDENTIAL" in bold type or stamp on both sides.
1. This envelope shall be enclosed in another
				envelope for transmittal to the custodian. The outer envelope shall bear no
				markings indicating the confidential nature of the contents.
2. The claimant shall send the package
				containing the confidential copy to the custodian by certified mail, return
				receipt requested, or by other means providing receipt for delivery.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.4 - Designation by claimant of a designee for notices and inquiries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant
				shall designate a person as the proper addressee of notices and other
				communications from the custodian under this subchapter. To designate such a
				person, the claimant shall submit the following information to the custodian in
				writing:
1. The name and address of the
				claimant;
2. The name, address,
				e-mail address, telephone number and facsimile number of the designee, and any
				other contact information that will assist the Board in rapidly contacting the
				person regarding the confidentiality determination; and
3. A request that all custodian
				communications (oral and written), including, without limitation, the notices
				listed in 14:1-12.7 and 12.9, be directed to
				the designee.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.5 - Correspondence, inquiries, and notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				custodian shall direct all correspondence, inquiries and notices to the
				designee, including, without limitation, the following:
1. Notices of requests submitted to the Board
				for the confidential information that was submitted by the claimant;
				and
2. Notices of the Board's
				denial of the confidentiality claims.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.6 - Time for making confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The custodian
				shall make a confidentiality determination within seven business days after the
				custodian's receipt of a request to inspect or copy records containing asserted
				confidential information, unless:
1. A
				reasonable extension is necessary because the records are in storage or in use.
				In such a case, the records custodian shall so advise the requester within
				seven business days after the custodian receives the request, and shall make
				other arrangements to promptly make available a copy of the record;
2. The requester consents to a reasonable
				extension of time; or
3. The
				request for access to records would substantially disrupt the Board's
				operations. In such a case, the custodian may deny access to the record without
				making the confidentiality determination, provided that the custodian first
				attempts to reach a reasonable solution with the requester, which accommodates
				the interests of the requester and the Board.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.7 - Notice of pending confidentiality determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				custodian is required, pursuant to
				14:1-12.6(a), to
				make a confidentiality determination, the custodian shall send a notice to the
				designee for each claimant who is known to have asserted a claim applicable to
				such information. The notice shall include the following:
1. A copy of the request form, with any
				information that is exempt from public disclosure under
				47:1A-1 et seq. removed;
				and
2. The earliest date that the
				information may be made available to the public under this chapter, if the
				asserted confidential information is determined not to be
				confidential.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 1 - RULES OF PRACTICE › Subchapter 12 - PROCEDURES FOR DETERMINING THE CONFIDENTIALITY OF SUBMITTED INFORMATION › Section 14:1-12.8 - Substantiation of confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To substantiate
				a confidentiality claim, a claimant shall submit the following information, as
				applicable, pursuant to the procedure set forth in
				14:1-12.3 through 12.5:
1. Measures taken by the claimant to prevent
				disclosure of the information to others;
2. Whether the information is contained in
				materials which are routinely available to the general public, including,
				without limitation, initial and final orders in contested case adjudications,
				press releases, copies of speeches, pamphlets and educational
				materials;
3. Whether the
				information is contained in materials that are routinely available to other
				government agencies, including, but not limited to Federal, state, and
				municipal agencies, whether or not such entities treat this information as
				confidential, and the reasons therefor;
4. The extent to which the information has
				been disclosed to others, and the precautions taken to prevent further
				disclosure;
5. If the Board,
				custodian or any other State or Federal agency or court of competent
				jurisdiction has previously made a confidentiality determination relevant to
				the pending confidentiality claim, copies of all such determinations;
6. A description of any harmful effects which
				disclosure would have upon, including, but not limited to, the claimant's
				competitive or bidding position, trade secrets, proprietary commercial or
				financial information, or national security, and an explanation of the causal
				relationship between the disclosure and such harmful effects;
7. The period of time for which the claimant
				desires that the custodian treat the asserted confidential information as
				confidential information;
8. If
				known, any provision in a statute, rule, Order or other document, which would
				exempt the information from public disclosure; and
9. Any other substantiation which the
				claimant believes to be relevant in establishing that the custodian should
				determine the information to be confidential information.