Current through September 18, 2024
A. Description and
Organization. The Public Utilities Commission is an impartial, independent,
governmental body having the powers of a court of record, and charged under the
General Laws of the State of Rhode Island with responsibility for implementing
and enforcing standards of conduct under R.I. Gen. Laws §391-27.6, and
holding hearings and conducting investigations "involving the rates, tariffs,
tolls and charges and the sufficiency and reasonableness of facilities and
accommodations of railroad, gas, electric distribution, water, telephone,
telegraph and pipeline public utilities, the location of railroad depots and
stations and the control of grade crossings, the revocation, suspension or
alteration of certificates issued pursuant to R.I. Gen. Laws §
39-19-4,
appeals under R.I. Gen. Laws §319-30, petitions under R.I. Gen. Laws
§
39-1-31 and proceedings under R.I. Gen. Laws §
39-1-32.
B. The Commission consists of three members
appointed by the Governor to six-year terms with the advice and consent of the
Senate. Additional information on the Commission and its members can be found
on the Commission's World Wide Web site, http://www.ripuc.org.
C. Offices. The principal office of the
Commission is at Providence, Rhode Island. All communications to the Commission
shall be addressed to the Clerk, Public Utilities Commission, 89 Jefferson
Boulevard, Warwick, RI 02888, unless otherwise specifically directed.
D. Hours. The offices of the Commission will
be open to accept filings Monday through Friday from 8:45 a.m. to 3:45 p.m.
unless otherwise provided.
E.
Quorum. Except as otherwise permitted by law, two (2) Commissioners shall
constitute a quorum for the transaction of any business.
F. Action by Members. To the extent permitted
by law, the Commission may conduct any inquiry, investigation, hearing or other
process necessary to its duties and functions.
G. Meetings and Hearings. Meetings of the
Commission may be held at any time or place at the request of any member after
reasonable notice to the other members, and shall be held at such times and
places as in the judgment of the Commission will best serve the convenience of
all parties.
H. Public Information.
1. Access to public records shall be granted
in accordance with the Access to Public Records Act, R.I. Gen. Laws §
38-2-1
et seq. Except where the Commission directs otherwise,
all pleadings, orders, communications, exhibits and other documents shall
become matters of public record as of the day and time of their filing. Any
claim of privilege shall be governed by the policy underlying the Access to
Public Records Act, with the burden of proof resting on the party claiming the
privilege.
2. Any party submitting
documents to the Commission may request a preliminary finding that some or all
of the information is exempt from the mandatory public disclosure requirements
of the Access to Public Records Act. A preliminary finding that some documents
are privileged shall not preclude the Commission's release of those documents
pursuant to a public request in accordance with R.I. Gen. Laws §
38-2-1
et seq.
3. Claims
of privilege are made by filing a written request with the Commission. One copy
of the original document, boldly indicating on the front page, "Contains
Privileged Information - Do Not Release", shall be filed with a specific
indication of the information for which the privilege is sought, as well as a
description of the grounds upon which the party claims privilege. Nine
additional copies in which the privileged information is redacted shall be
filed with the Clerk. If a document is filed electronically, it shall contain a
statement that information has been redacted; however, the original document
must be filed as delineated above.
4. The Clerk shall place documents for which
privilege is sought in a secure, non-public file until the Commission
determines whether to grant the request for privileged treatment.
5. Any person, whether or not a party, may
apply to the Commission for release of the information, pursuant to the Access
to Public Records Act.
6. Public
records may be examined at the offices of the Commission from 8:45 a.m. to 3:45
p.m. on regular business days. No officially filed document shall be taken out
of the offices except by the direction of the Commission Clerk. Requests for
information may be addressed to the Public Utilities Commission, 89 Jefferson
Boulevard, Warwick, Rhode Island 02888. A charge of $0.15 per page for copies
and $15.00 per hour after the first half-hour (or whatever rate currently
prevails pursuant to R.I. Gen. Laws §
39-2-4), for research and retrieval
of documents, shall be assessed. Certain public records may also be posted on
the Commission's World Wide Web site.
I.
Ex Parte Communications.
1. Except as permitted below, no person who
is a party to or a participant in any proceeding pending before the Commission,
or the person's counsel, employee, agent, or any other individual acting on the
person's behalf, shall communicate ex parte with any
Commissioner about or in any way related to the proceeding, and no Commissioner
shall request or entertain any such ex parte
communications.
2. The prohibitions
contained above do not apply to a communication from a party or participant or
counsel, agent or other individual acting on the person's behalf, if the
communication relates solely to general matters of procedure or scheduling and
is directed to the Clerk or the Commission Counsel.
