reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.18 - Interim Relief

Current through June 14, 2024
A. Motions for
				 interim relief may be included in a pleading filed by any party. The title of
				 the pleading must clearly indicate that such relief is requested.
B. Contents. In addition to the usual
				 contents of a pleading, the motion must allege such extraordinary facts of
				 immediate and irreparable injury as would justify the Commission's exercise of
				 discretion by granting interim relief prior to a final decision.
C. Testimony and Exhibits. The motion
				 requesting interim relief shall be accompanied by written testimony and
				 exhibits in support of the motion, unless the Commission or presiding officer
				 waives this requirement for good cause shown.
D. Notice. Copies of the motion seeking
				 interim relief and the testimony and exhibits filed in support thereof shall be
				 served upon the Division, the Department of Attorney General, and any other
				 known parties.
E. Hearing. Motions
				 for interim relief other than interim rate relief may be acted upon with or
				 without hearing.
F. Bond. Interim
				 relief may be granted subject to refund and conditioned upon a bond or other
				 adequate protection.
G. Emergency
				 Situations. In circumstances when delay may cause immediate and irreparable
				 harm, the Commission may waive the usual requirements for interim relief, or
				 condition such relief on whatever conditions it deems reasonable.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.19 - Discovery

Current through June 14, 2024
A. General.
1. The Commission favors prompt and complete
				 disclosure and exchange of information and encourages informal arrangements
				 amongst the parties for this exchange. It is further the Commission's policy to
				 encourage the timely use of discovery as a means toward effective presentations
				 at hearing and avoidance of the use of cross-examination at hearing for
				 discovery purposes.
2. Techniques
				 of pre-hearing discovery permitted in state civil actions may be employed by
				 any party. Upon experiencing any difficulties in obtaining discovery, the
				 parties may seek relief from the Commission by filing a proper
				 motion.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.20 - Subpoenas

Current through June 14, 2024
A. Issuance. Subpoenas for the attendance of
				 witnesses or for the production of documentary evidence may be issued by any
				 notary public pursuant to R.I. Gen. Laws §
										9-17-3, or by the
				 Clerk.
B. Service and Return.
				 Return of service evidences service of a subpoena made by a Rhode Island
				 sheriff or deputy sheriff; if service is made by another person, an affidavit
				 describing the manner in which service was made, returned on or with the
				 original subpoena, evidences service. In making service, a copy of the subpoena
				 shall be shown to and left with the person to be served. The original subpoena,
				 bearing or accompanied by the authorized return or affidavit, shall be
				 delivered to the Clerk.
C. Fees of
				 Witnesses. Witnesses who are subpoenaed shall be paid fees as provided by the
				 Superior Court Rules of Procedure.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.21 - Hearings

Current through June 14, 2024
A. Public Hearings. Except as permitted or
				 required by law, or by order of the Commission with regard to matters exempt
				 from disclosure under the Access to Public Records Act, R.I. Gen. Laws §
										38-2-1
et seq
., all hearings shall be public. The Commission
				 may, however, limit the number of spectators and participants to the extent
				 that safety and good order require. The Commission may also eject or bar the
				 admission of any person who disrupts or threatens to disrupt a public
				 hearing.
B. Site. All hearings
				 shall be held in Providence at the offices of the Commission, unless by statute
				 or decision of the presiding officer a different place is designated.
C. Presiding Officer. The hearing shall be
				 conducted by a presiding officer who shall be the Chair or a Commissioner. The
				 presiding officer, if a notary public, the court stenographer, or the Clerk may
				 administer oaths and affirmations. The presiding officer shall make all
				 decisions regarding the admission or exclusion of evidence or any other
				 procedural matters which may arise in the course of the hearing, unless such
				 authority is delegated to Commission counsel.
D. General. Parties shall have the rights to
				 present evidence, cross-examine witnesses, object, file motions and briefs, and
				 present arguments. The Commission and its staff may examine witnesses and
				 require additional testimony.
E.
				 Direct testimony.
1. All direct testimony
				 shall be presented in writing, unless otherwise allowed by the Commission.
				 Written testimony, when properly authenticated by the witness under oath, may
				 be transcribed into the record or admitted as an exhibit. Where time permits,
				 direct testimony shall be prefiled at least fourteen (14) days prior to a
				 scheduled hearing.
2. Written
				 testimony shall be prepared in question and answer form, numbering each line of
				 text along the left-hand margin, if possible; shall contain a statement of the
				 qualifications of the witness; shall be signed under oath; and shall be
				 accompanied by any exhibits to which it relates. Testimony shall have a cover
				 sheet on which the exhibit number may be stamped. Such written testimony shall
				 be subject to the same rules of admissibility and cross-examination of the
				 sponsoring witness as if it were presented orally.
3. Cross-examination of the witness
				 presenting such written testimony shall proceed at the hearing at which it is
				 authenticated if, not less than fourteen (14) days prior to such hearing,
				 service of the written testimony has been made upon each party, unless the
				 presiding officer for good cause shall otherwise direct.
4. The filing and service of testimony and
				 exhibits by the Division and any other party shall be made in accordance with
				 the pre-hearing conference schedule, if any.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.22 - Witnesses

Current through June 14, 2024
A. Oral Examination. Witnesses shall be
				 examined orally unless the testimony is taken by deposition as provided in
				 §
										1.19     of this Part or the facts are stipulated. Witnesses whose testimony
				 is to be taken shall be sworn, or shall affirm, before their testimony shall be
				 deemed evidence in the proceeding or any questions are put to them.
B. Expert Witnesses. Written testimony of an
				 expert witness may be received as provided in §
										1.21     of this Part, where
				 properly supported by the oral testimony of its author on direct examination,
				 subject to cross-examination and motions to strike.
C. Acceptance Subject to Check. When a
				 witness accepts a proposition "subject to check", it is the burden of the party
				 offering the witness to correct the record if subsequent study reveals that the
				 witness erred in accepting the proposition. If the area is not explored further
				 in the proceedings, a witness' statement accepting a proposition "subject to
				 check" will be treated as though the witness had accepted the proposition
				 without reservation.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.23 - Rules of Evidence - Official Notice

Current through June 14, 2024
A. Rules of
				 Evidence. In all proceedings wherein evidence is taken, irrelevant, immaterial
				 or unduly repetitious evidence shall be excluded. While the rules of evidence
				 as applied in civil cases in the Superior Courts of this state shall be
				 followed to the extent practicable, the Commission shall not be bound by
				 technical evidentiary rules, and, when necessary to ascertain facts not
				 reasonably susceptible of proof under the rules, evidence not otherwise
				 admissible may be submitted, unless precluded by statute, if it is of a type
				 commonly relied upon by reasonably prudent persons in the conduct of their
				 affairs. The rules of privilege recognized by law shall apply. Objections to
				 evidentiary offers may be made and shall be noted in the record.
B. Exhibits, Copies. In all cases wherein
				 evidence is taken, documentary evidence may be received in the form of copies
				 or excerpts, if the original is not readily -available. Upon request, parties
				 shall be given an opportunity to compare the copy with the original.
C. Administrative Notice. In all proceedings
				 wherein evidence is taken, notice may be taken of judicially cognizable facts.
				 In addition, notice may be taken of generally recognized technical or
				 scientific facts within the Commission's specialized knowledge; but parties
				 shall be notified either before or during the hearing, or by reference in
				 preliminary reports or otherwise, of the material noticed, including any report
				 or data required by law or regulation to be filed with the Commission or the
				 Division, and they shall be afforded an opportunity to contest the material so
				 noticed. The Commission's experience, technical competence, and specialized
				 knowledge may be utilized in the evaluation of evidence. The burden is on the
				 party requesting the Commission's notice to produce the documents or other
				 matter for the Commission's review.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.24 - Transcripts

Current through June 14, 2024
A. Availability in Public Hearings. Public
				 hearings will be stenographically recorded. Any party who requests and receives
				 transcripts shall pay the specified costs to the official reporter. If such
				 receipt is earlier than the date on which the Commission would otherwise
				 receive transcripts, the reporter shall deliver the Commission's copy to the
				 Commission on the earlier date.
B.
				 Corrections. Corrections in the official transcript may be made only to make it
				 conform to the evidence presented at the hearing. Transcript corrections agreed
				 to by opposing attorneys may be incorporated into the record, if and when
				 approved by the presiding officer, at any time during the hearing, or after the
				 close of evidence, but not more than thirty (30) days from the date of receipt
				 of the transcript, unless the time is shortened by the presiding officer. The
				 presiding officer may call for the submission of proposed corrections and may
				 make disposition thereof at appropriate times during the course of the
				 proceeding.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.25 - Stipulations and Settlement Offers

Current through June 14, 2024
A. Stipulations.
1. The parties may stipulate as to any
				 relevant matters of fact or the authenticity of any relevant documents. Such
				 stipulations may be received in evidence at a hearing, and when so received in
				 evidence at a hearing, shall be binding on the parties with respect to the
				 matters therein stipulated.
2.
				 Stipulations shall conform to the applicable requirements of §§
											1.6  and   1.8     of this Part, except stipulations made orally on the record during
				 hearings.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.26 - Briefs and Oral Arguments

Current through June 14, 2024
A. Briefs and
				 Memoranda of Law.
1. Unless waived by the
				 parties with the consent of the Commission, at the close of the taking of the
				 testimony in each proceeding, or at such other time during the proceeding as
				 the Commission shall deem appropriate, the Commission shall fix the time for
				 the filing and service of briefs or memoranda of law, giving due regard to the
				 nature of the proceeding, the magnitude of the record, and the complexity or
				 importance of the issues involved; and shall fix the order in which such briefs
				 shall be filed. Reply briefs shall only be permitted by leave of the presiding
				 officer.
2. Briefs shall contain:
a. a concise statement of the case; and
b. proposed findings of fact and
				 conclusions of law, together with the reasons therefor, separately
				 stated.
3. Exhibits
				 should not be reproduced in the brief, but may, if desired, be reproduced in
				 the appendix to the brief. Every brief of more than twenty (20) pages shall
				 contain a subject index, with page references. All briefs shall be as concise
				 as possible, and shall in no event exceed fifty (50) pages, exclusive of any
				 appendices, except by leave of the presiding officer. In all other respects,
				 briefs shall conform to the requirements of §§
											1.6  and   1.8     of this
				 Part.
4. Briefs shall not be
				 accepted for filing out of time, except by leave of the presiding officer.
				 Requests for the extension of time in which to file briefs shall conform to the
				 requirements of §
											1.7(B)     of this Part and shall be filed at least two (2)
				 days before the time fixed for filing such briefs. All briefs shall be
				 accompanied by a certificate showing service upon all parties or their
				 attorneys who appeared at the hearing or on brief.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.27 - Reopening Proceedings

Current through June 14, 2024
A. By Parties.
1. Except as provided in §
											1.27(A)(3)     of
				 this Part, at any time after the conclusion of a hearing in a proceeding, but
				 before the issuance of the written order, any party to the proceeding may, for
				 good cause shown, move to reopen the proceedings for the purpose of taking
				 additional evidence. Copies of such motion shall be served upon all
				 participants or their attorneys of record, and shall set forth clearly the
				 facts claimed to constitute grounds requiring reopening of the proceedings,
				 including material changes of fact or of law alleged to have occurred since the
				 conclusion of the hearing, and shall in all other respects conform to the
				 applicable requirements of §§
											1.6  through   1.8     of this Part,
				 inclusive.
2. Within ten (10) days
				 following the service of such motion, or such shorter or longer time as the
				 Commission shall order, any other party to the proceedings may object or shall
				 be deemed to have waived any objections to the granting of such
				 petition.
3. The Commission will
				 not consider any motion to reopen the record filed within ten (10) days before
				 the expiration of a final suspension order in a proceeding initiated by a
				 general rate change filing.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.28 - Commission Decisions and Orders

Current through June 14, 2024
A. Written Orders;
				 Calculation of Time. The Commission will issue its orders in writing in every
				 proceeding. The Commission may in its discretion make an oral decision at the
				 bench or at an open meeting prior to the issuance of its written order. The
				 timeliness of applications for rehearing and notices of appeal shall be
				 calculated from the date the Commission issues its written order.
B. Adjudications for Equal Access to Justice
				 for Small Businesses and Individuals. Pursuant to R.I. Gen. Laws §
										42-92-1
et seq
., the Commission shall award reasonable litigation
				 expenses incurred by the prevailing party in connection with certain
				 adjudicatory proceedings, if the Commission concludes that there was no
				 reasonable basis in fact and law for the Division's position. The following
				 conditions must be met:
1. the adjudicatory
				 proceedings must involve loss of benefits, the imposition of a fine, the
				 suspension or revocation of a license or permit, or the compulsion or
				 restriction of activities;
2. the
				 prevailing party must be either:
a. an
				 individual whose net worth is less than $500,000 at the time the adjudication
				 is initiated; or
b. any individual,
				 partnership, corporation, association, or private organization doing business
				 and located in the state, which is independently owned and operated, not
				 dominant in its field, and which employs no more than 100 persons at the time
				 the adjudication is initiated;
3. the prevailing party must request
				 reimbursement not later than thirty (30)days following the issuance of the
				 Commission's order, detailing:
a. compliance
				 with §§
												1.28(B)(1) and (2)     of this Part; and
b. the costs incurred in defending against
				 the unreasonable adjudicatory proceedings, including, but not limited to,
				 attorney's fees and witness fees.
c.
				 The Commission shall issue a supplementary order directing the Division to pay
				 reasonable litigation expenses, as limited by R.I. Gen. Laws §
												42-92-2(c).
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.29 - Relief from Order

Current through June 14, 2024
A. Clerical
				 Mistakes. Clerical mistakes in orders or other parts of the record and errors
				 therein arising from oversight or omission may be corrected by the Commission
				 at any time on its own initiative, or on motion of any party and after such
				 notice as the Commission orders. During the pendency of an appeal, such
				 mistakes may be so corrected before the appeal is docketed in the Supreme Court
				 and thereafter while the appeal is pending may be corrected with leave of the
				 Supreme Court.
B. Mistake,
				 Inadvertence, Excusable Neglect, Newly Discovered Evidence, Fraud, Other. On
				 motion and upon such terms as are just, the Commission may grant relief for the
				 following reasons:
1. Mistake, inadvertence,
				 surprise, or excusable neglect;
2.
				 Newly discovered evidence, which by due diligence could not have been
				 discovered in time to move to reopen the proceedings under Rule   1.27     of this
				 Part;
3. Fraud, misrepresentation,
				 or other misconduct of an adverse party;
4. The order is void;
5. A prior order on which the order is based
				 has been reversed or otherwise vacated, or it is no longer equitable that the
				 order should have prospective application; or
6. Any other reason justifying relief from
				 the operation of the order.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.31 - Judicial Review

Current through June 14, 2024
A. Appeal from
				 Commission Orders. Any person aggrieved by a written order of the Commission,
				 other than a telecommunications interconnection order, may, within seven (7)
				 days from the date of such order, petition the Supreme Court for a writ of
				 certiorari to review its legality and reasonableness. The petition for a writ
				 of certiorari shall fully set forth the specific reasons for which it is
				 claimed that the decision or order is unlawful or unreasonable. Parties
				 appealing a Commission decision with regard to a telecommunications
				 interconnection order shall file in the United States District Court for the
				 District of Rhode Island pursuant to the Telecommunications Act of 1996,  47 U.S.C. §
											252.
B. Judicial
				 Review of Rules. The validity or applicability of any rule may be determined in
				 an action for declaratory judgment in the Superior Court of Providence County,
				 when it is alleged that the rule, or its threatened application, interferes
				 with or impairs, or threatens to interfere with or impair, the legal rights and
				 privileges of the plaintiff. The Commission shall be made a party to the
				 action.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 810-RICR-00-00-1.32 - Appeals to the Public Utilities Commission

Current through June 14, 2024
A.
				 Petition for Review. When a statute provides for review by the Commission of
				 any action by a municipal body, proceedings for such review shall be instituted
				 by filing a petition with the Commission in accordance with these
				 rules.
B. Time Limits. The time
				 limits within which review may be sought shall be those specified by
				 statute.
C. Application of Rules.
				 These rules shall govern the review proceedings, unless otherwise provided by
				 statute.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation (810-RICR-00-00-2) › Section 810-RICR-00-00-2.1 - Authority

Current through June 14, 2024
This Regulation is promulgated pursuant to R.I. Gen. Laws
					 §§
										38-2-1, et seq. ("Access to
					 Public Records") and
					 42-35-2(a).
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation (810-RICR-00-00-2) › Section 810-RICR-00-00-2.2 - Purposes

Current through June 14, 2024
A. The Purposes of this Regulation are:
1. To establish a Regulation to implement R.I.
				 Gen. Laws §§
											38-2-1, et seq. and
				 42-35-2(a)
				 relating to access to public records maintained by the Commission.
2. To identify and delineate categories of
				 records exempt from disclosure; and
3. To provide the public and Commission
				 personnel with a Regulation which sets forth the rules and procedures applicable
				 to access to public records maintained by the Commission.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation (810-RICR-00-00-2) › Section 810-RICR-00-00-2.3 - Policy

Current through June 14, 2024
The Commission recognizes both the public's right to access
					 public records and the individual's right to dignity and privacy. It is the
					 Commission's policy to facilitate public access to all public records that may be
					 disclosed in accordance with R.I. Gen. Laws §
										38-2-1, et seq. It is also
					 the policy of the Commission to make all public records in the Commission's
					 possession be available for public inspection and copying consistent with
					 applicable state or federal law, unless otherwise prohibited by a court of
					 competent jurisdiction.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation (810-RICR-00-00-2) › Section 810-RICR-00-00-2.4 - Procedure for Requesting Public Records

Current through June 14, 2024
A. Except as
				 provided in §
										2.5     of this Part, a written
				 request to inspect or copy public records should be sent to the Commission Clerk
				 who maintains the records requested or, in the alternative, to the Commission
				 Counsel at 89 Jefferson Boulevard, Warwick, RI 02888. Written requests may be
				 mailed, hand delivered, e-mailed or sent via facsimile. Hand delivered requests
				 may be made during the Commission's regular business hours. It is suggested, but
				 not required, that requests be submitted on the form provided by the Commission,
				 a copy of which is attached hereto as Exhibit A in §
										2.9     of this Part and titled
				 "Request to Inspect and/or Copy Public Records". In order to assure that the
				 Commission is able to respond to the request as efficiently and as completely as
				 possible, the request should identify and describe the records being requested
				 with as much specificity as possible. A written record of all requests will be
				 maintained by the Commission Clerk.
B. If the description of records being
				 requested is not sufficient to allow the Commission to identify and locate the
				 requested records, the Commission will notify the person requesting such records
				 that additional information is needed in order to properly respond to the
				 request.
C. Upon receipt of a request
				 for records, the Commission Clerk or Commission Counsel will mark on the face of
				 a written request the date the request was received. The Commission will make
				 every reasonable effort to honor the request within ten (10) business days of
				 receipt of the written request.
D. If
				 it appears that the request cannot be honored within ten (10) business days of
				 receipt, the Commission will provide the requester of the status of the request
				 within ten (10) business days. However, in the event a requestor does not provide
				 identifying or contact information, the Commission will use its best efforts to
				 notify the requestor of the status of the request within ten (10) days. For good
				 cause, the time to respond to the request may be extended for a period not to
				 exceed thirty (30) business days, inclusive of the original ten (10) business
				 days.
E. A written request is not
				 required to be submitted when the request is for any of the following:
1. documents prepared for or readily available
				 to the public;
2. rules and written
				 statements of policy or interpretations formulated, adopted, or used by the
				 agency; or
3. final orders,
				 decisions, and opinions.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation (810-RICR-00-00-2) › Section 810-RICR-00-00-2.5 - Hours of Inspections

Current through June 14, 2024
When a request is made to inspect public records (as opposed
					 to obtain copies), the requester will be advised when the records are available
					 and he/she can then make an appointment to inspect those documents at the
					 Commission between the hours of 8:30 a.m. and 3:30 p.m. Monday through Friday.
					 The time-frame for the Commission to respond to requests to inspect public
					 records is the same as the time frame applicable to responding to requests for
					 copies of public records as set forth above in §
										2.4     of this
					 Part.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation (810-RICR-00-00-2) › Section 810-RICR-00-00-2.6 - Fees

Current through June 14, 2024
A. Official publications which the Commission
				 prepares in the discharge of its duties to inform the public on matters of public
				 interest will be furnished free of charge when available.
B. The Commission will supply one (1) copy of
				 any of its Rules and Regulations to an individual requesting them free of charge.
				 Rules and Regulations of the Commission are on file at the Office of the
				 Secretary of State and certified copies thereof may be obtained from that office.
				 Rules and Regulations of the Commission are also available online from the
				 Secretary of State's website as well as the Commission's website.
C. The Commission charges a fee for copying
				 and/or search and retrieval of requested documents consistent with applicable
				 state law. The Commission charges $0.15 per copied page; provided however, if the
				 response to the request consists of twenty (20) or fewer copied pages, no fee
				 will be charged. If the response to the request consists of more than twenty (20)
				 copied pages, there will be a charge of $0.15 for each page. The Commission will
				 charge $15.00 per hour for the search and retrieval time required to respond to a
				 request, whether the request seeks copies of records or the right to inspect
				 records; provided however, there will be no charge for the first hour of search
				 and retrieval time. The Commission will provide the requester with an estimate of
				 the copying costs and search and retrieval costs prior to responding to the
				 request. The Commission however, will charge the actual fees for the number of
				 copies and the actual cost for search and retrieval time if those are more or
				 less than estimated. The Commission reserves the right to require a deposit of
				 the estimated costs if the estimated costs are $50.00 or more.
D. The cost of copying and search and retrieval
				 as provided in in §
										2.3     of this Part must be paid
				 in advance of or at the time of delivery or inspection of the requested
				 documents.
E. Commission personnel
				 or, where applicable an outside copy service, will make copies of requested
				 records. The Commission does not have a copy machine available for use by the
				 public to make copies.
F. The
				 Commission may utilize the form attached hereto as Exhibit B in §
										2.10     of this Part ("Response
				 to Request to Inspect and/or Copy Public Records") to respond to a request;
				 provided however, in some instances it may be appropriate for the Commission to
				 write a letter addressed to the requester setting forth such additional
				 information as deemed appropriate under the circumstances.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation (810-RICR-00-00-2) › Section 810-RICR-00-00-2.7 - Supervision of Inspections

Current through June 14, 2024
A. The inspection of
				 public records must be accomplished in a manner which will provide for general
				 supervision by authorized Commission staff. This is necessary to prevent the
				 misplacement or unauthorized removal of records or any other action which may
				 impair the integrity of the public record.
B. The Commission Clerk, or Staff Member having
				 possession of the public record requested shall have overall responsibility for
				 the security of the public record. However, the individual in charge may
				 designate a staff member(s) to coordinate the functions and responsibilities
				 related to the copying and inspection of public records.
C. All personnel responsible for responding to
				 requests for access to public records shall be made aware by their supervisors,
				 of the provisions of this regulation and the procedures to be followed when an
				 access to public records request is made. Commission personnel having any
				 questions regarding the procedures to be followed should direct inquiries to:
1. The Commission Clerk who is responsible for
				 the activity/function to which the public record being requested relates;
				 or
2. In the event that the public
				 record cannot be readily categorized as falling under the responsibility of
				 Commission, the request should be directed to the Commission Counsel which will
				 serve as a resource in matters relating to the public's access to public
				 records.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation (810-RICR-00-00-2) › Section 810-RICR-00-00-2.8 - Severability

Current through June 14, 2024
If any provision of this Regulation or the application
					 thereof to any individual or circumstances is held invalid, such invalidity shall
					 not affect the provisions or application of the remaining portions of the
					 regulation which can be given effect. The provisions of these rules and
					 regulations are declared to be severable.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation (810-RICR-00-00-2) › Section 810-RICR-00-00-2.9 - Exhibit A

Current through June 14, 2024
Click
					 here to view image
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 2 - Access to Public Records Regulation (810-RICR-00-00-2) › Section 810-RICR-00-00-2.10 - Exhibit B

Current through June 14, 2024
Click
					 here to view image
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.1 - Authority

Current through June 14, 2024
These regulations are promulgated by the Rhode Island Public
					 Utilities Commission pursuant to R.I. Gen. Laws §
										39-26.1-8 and R.I. Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.2 - Purpose

Current through June 14, 2024
A. The purpose of these Regulations is to
				 govern the proceedings before the Rhode Island Public Utilities Commission to
				 review an application by a Developer certified by the State to develop a
				 utility-scale offshore wind farm.
B.
				 To the extent not specifically addressed in these Regulations, the Commission's
				 Rules of Practice and Procedure shall govern the proceedings before the
				 Commission.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.3 - Definitions

Current through June 14, 2024
A. "Applicant" means a Developer filing with
				 the Commission for an Order requiring the Electric Distribution Company to enter
				 into a Long-term Contract with the Developer.
B. "Commission" means the Rhode Island Public
				 Utilities Commission.
C. "Developer"
				 means an entity certified by the Department of Administration to develop
				 Utility-Scale Offshore Wind Farm.
D.
				 "Division" means the Rhode Island Division of Public Utilities and
				 Carriers.
E. "Electric distribution
				 company" means a company defined in R.I. Gen. Laws §
										39-1-2(12),
				 supplying standard offer service to end-use customers, but not including the
				 Block Island Power Company or Pascoag Utility District.
F. "Long-term contract" means a contract of ten
				 (10) to fifteen (15) years in duration, or of a term greater than fifteen (15)
				 years upon approval of the Commission.
G. "OER" means the Rhode Island Office of
				 Energy Resources.
H. "Party" or
				 "Parties" includes the Applicant, the Electric Distribution Company, the
				 Division, OER and intervenors as defined by the Commission's Rules of Practice
				 and Procedure.
I. "Utility-scale
				 offshore wind farm" means a wind power project located offshore in the waters of
				 Rhode Island or adjacent federal waters of at least one hundred (100) megawatts
				 but not more than one hundred fifty (150) megawatts, as defined in R.I. Gen. Laws
				 §
										39-26.1-2(7).
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.4 - Filing Requirements and Service

Current through June 14, 2024
A. Unless otherwise
				 modified in §
										3.4     of this Part, the formal requirements as to filings and
				 service set forth in §§
										1.6  and   1.8     of this Subchapter, the
				 Commission's Rules of Practice and Procedure shall apply.
B. All graphs, charts, photographs, or other
				 documents originally produced in color shall be provided in hard copy to the
				 Commission in color.
C. All filings,
				 including Discovery responses, made by any Party shall be provided in electronic
				 format, as a PDF, to all members of the official Service List maintained by the
				 Commission Clerk with no further requirement that hard copies be provided to a
				 Party unless requested by the Party. However, an original and nine (9) hard
				 copies shall be filed with the Commission Clerk. All hard copies, except for
				 color copies, shall be double-sided.
D. The Application shall be filed with the
				 Commission with copies to the Electric Distribution Company, the Division, OER,
				 the Rhode Island Department of Administration, the Economic Development
				 Corporation, and the Attorney General on the same day.
E. For purposes of determining the timeliness
				 of a filing with the Commission, a document is received at the time the hard copy
				 is date stamped with the Commission.
F. In the event an attachment to a Data Request
				 exceeds fifty pages when double-sided, Counsel for the Party shall contact
				 Commission Legal Counsel to determine whether nine (9) hard copies of the
				 attachment will be required and if not, the preferred format of
				 delivery.
G. Any data request that
				 seeks worksheets with formulae intact shall be provided in Excel
				 format.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.5 - Intervention

Current through June 14, 2024
A. The Electric Distribution Company, Division
				 and OER shall be mandatory Parties to the proceedings covered by these Rules and
				 shall simply notify the Commission Clerk of their respective attorney's contact
				 information.
B. State Agencies
				 seeking intervention may file a Notice of Intervention by the Intervention
				 Deadline setting forth the interest of the State Agency and the level of
				 involvement sought by the State Agency.
C. For all others seeking intervention, §
										1.14     of this Subchapter, the Commission's Rules of Practice and Procedure shall
				 apply.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.7 - Discovery

Current through June 14, 2024
Discovery shall be governed by the Commission's Rules of
					 Practice and Procedure.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.8 - Motions

Current through June 14, 2024
The filing of Motions shall be governed by the Commission's
					 Rules of Practice and Procedure
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.9 - Public Records

Current through June 14, 2024
A. All documents
				 submitted by the Parties will be considered public documents under the Access to
				 Public Records Act, R.I. Gen. Laws §
										38-2-1 unless such
				 documents are protected from release by one of the exceptions set forth in R.I.
				 Gen. Laws §
										38-2-2 and/or granted
				 protection from disclosure by the Commission.
B. All requests for confidential treatment
				 shall be made in accordance with §
										1.3(H)     of this
				 Subchapter, the Commission's Rules of Practice and Procedure.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.10 - Hearings and Briefs

Current through June 14, 2024
A. Hearings shall be
				 governed by §§
										1.21,   1.22,   1.23,   1.24, and   1.26     of this Subchapter, the
				 Commission's Rules of Practice and Procedure (Part 1 of this Chapter).
B. Briefs shall be governed by §
										1.26     of
				 this Subchapter, the Commission's Rules of Practice and Procedure.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.11 - Assessment of Expenses

Current through June 14, 2024
Responsibility - An Applicant shall be charged with and shall
					 pay the reasonable costs of consultants or counsel that may be hired by the
					 Commission and the Division for the proceeding, up to $100,000 for the Commission
					 and $100,000 for the Division, respectively.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.12 - Final Order On Application

Current through June 14, 2024
A. The Commission
				 shall determine through issuance of a final order within eight (8) months from
				 the filing of the Application, whether the proposal is in the best interests of
				 the electric distribution customers in Rhode Island.
B. The Commission may require changes to the
				 Applicant's proposal as a condition to a Long-Term Contract as the Commission
				 determines are just and reasonable.
C
				 If the Commission determines that the proposal is in the best interests of the
				 electric distribution customers in Rhode Island, the Commission shall require the
				 Electric Distribution Company to negotiate a commercially reasonable Long-Term
				 Contract with the Applicant wherein the Electric Distribution Company agrees to
				 purchase the entire output from the proposed project, unless otherwise authorized
				 by the Commission.
D. In determining
				 whether the proposal is in the best interests of electric distribution customers,
				 the Commission will consider the following factors:
1. The economic impact and potential risks of
				 the proposal on rates to be charged by the Electric Distribution
				 Company;
2. The potential benefits of
				 stabilizing long-term energy prices;
3. Any other factor the Commission determines
				 necessary to be in the best interest of the ratepayers.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.13 - Filing of a Contract

Current through June 14, 2024
A. Within three (3)
				 months from the issuance of the Commission's written Order, the Applicant and
				 Electric Distribution Company shall file a proposed Long-Term Contract for review
				 by the Commission.
B. If the Parties
				 are unable to reach agreement on a Long-Term Contract within three (3) months,
				 the Applicant and Electric Distribution Company shall jointly file with the
				 Commission the terms upon which they can agree and the terms upon which they
				 cannot agree and their respective positions on whether or not the terms upon
				 which they cannot agree are appropriate for arbitration. The Commission will then
				 determine whether or not to order arbitration.
C. Once the terms of the Long-Term Contract are
				 finalized between the Applicant and the Electric Distribution Company, the
				 Long-Term Contract shall be filed with the Commission for its review.
D. The Commission shall review the Long-Term
				 Contract to determine whether or not it is in the best interests of the electric
				 distribution customers in Rhode Island.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.14 - Legal Ramifications of the Application Process

Current through June 14, 2024
A. The
				 Application Process set forth in §§
										3.1  through
				   3.12     of this Part does not
				 convey a legal entitlement to the Applicant to a Long-Term Contract.
B. The Commission will review both the
				 Application and the proposed Long-Term Contract to determine whether or not each
				 is in the best interests of the electric distribution customers in Rhode
				 Island.
Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 00 - General Administration › Subchapter 00 - N/A › Part 3 - Review of a Utility Scale Offshore Wind Project As Described In R.I. Gen. Law Section 39-26.1-8 (810-RICR-00-00-3) › Section 810-RICR-00-00-3.15 - Severability

Current through June 14, 2024
If any part of these Rules is found to be invalid by a court
					 of competent jurisdiction or its application to any person or circumstances is
					 held invalid by a court of competent jurisdiction or through a change in State
					 law or Federal preemption, the invalidity does not affect other provisions or
					 applications of the Rules which can be given effect without the invalid provision
					 or application, and to this end, the provisions.