DATE:	November 17, 2009
TO:	Office of Commission Clerk (Cole)
FROM:	Office of the General Counsel (Miller) Office of Commission Clerk (Cole) Division of Economic Regulation (Hewitt) Chief Information Officer (Kissell)
RE:	Docket No. 090502-OT – Initiation of rulemaking to amend Rules 25-22.105, 25-22.107 and 25-22.1035, and repeal Rule 25-22.103, F.A.C.
AGENDA:	12/01/09 – Regular Agenda – Interested Persons May Participate
COMMISSIONERS ASSIGNED:			All Commissioners
PREHEARING OFFICER:			Commissioner David E. Klement
RULE STATUS:			Proposal may be deferred
SPECIAL INSTRUCTIONS:			None
FILE NAME AND LOCATION:			S:\PSC\ECR\WP\090502.RCM.DOC

 

 Case Background

            The Commission published a Notice of Rule Development in the October 23, 2009 edition of the Florida Administrative Weekly, indicating the intent to amend Rule 25-22.105, Florida Administrative Code (F.A.C.), System for Indexing Orders, Rule 25-22.107, F.A.C., Plan for Making Orders Available to the Public, and Rule 25-22.1035, F.A.C., Designation of Official Reporter, and to repeal Rule 25-22.103, F.A.C., Orders Indexed.  These rules relate to the Commission’s process for making orders available to the public, for indexing the orders, and for the Official Reporter.

At the August 18, 2009, Internal Affairs, the Commission discussed the possibility of becoming its own Official Reporter through an electronic database, as authorized by Section 120.53, F.S. On October 6, 2009, the Commission received approval from the Department of State to proceed with this approach. 

A rule development workshop was held November 9, 2009.  Two interested persons attended, and no concerns were expressed about the Commission becoming its own Official Reporter.

This recommendation addresses whether the Commission should propose amendments to Rules 25-22.105, 25-22.107, 25-1.035, F.A.C., and repeal Rule 25-22.103, F.A.C.  This Commission has jurisdiction pursuant to Section 120.53, F.S., and Section 120.54, F.S.

Discussion of Issues

Issue 1: 

 Should the Commission propose the amendment of Rules 25-22.105, 25-22.107, and 25-22.1035, F.A.C. and the repeal of Rule 25-22.103, F.A.C.

Recommendation: 

  Yes.  The Commission should propose the amendment of Rules 25-22.105, 25-22.107, 25-22.1035, F.A.C., and the repeal of Rule 25-22.103, F.A.C., as set forth in Attachment A. (Miller, Cole, Kissell)

Staff Analysis: 

 The attached rule revisions would place the Commission in the role of being its own Official Reporter.  This would be implemented through the Commission’s website which provides an electronic database of the Commission’s orders.  This would take place January 1, 2010, with the prior orders being located in the FPSC Reporter, published by FALR.

n                          Rule 25-22.105, System for Indexing Orders, is amended to refer to the Commission’s electronic database on the Commission’s website.  The amendments also refer to the advanced search feature for orders.

n                          Rule 25-22.107, Plan for Making Orders Available to the Public, is amended to state that copies of orders are maintained electronically at the Commission’s website.

n                          Rule 25-22.1035, Designation of Official Reporter, is amended to make the Commission’s website the Official Reporter from January 2010 forward.

n                          Rule 25-22.103, Orders Indexed, is repealed because there is no need for orders to be “indexed” when  an electronic database is used instead.

Statement of Estimated Regulatory Cost (SERC)

            The SERC (Attachment B) notes that there should be no incremental costs for the Commission because the electronic data base currently exists and is available to the public.  There would be benefits in saving staff time to reproduce and mail the orders to the publisher and the associated reproduction and mailing costs.  Also, customers, utilities and business entities would know that Commission orders are available online and may obtain access to the orders without subscribing to a publication.

            Based upon the above, staff recommends that the Commission propose the amendment of Rules 25-22.105, 25-22.107, and 25-22.1035, F.A.C., and the repeal of Rule 25-22.103, F.A.C., as set forth in Attachment A.

Issue 2: 

 Should this docket be closed?

Recommendation: 

  Yes. (Miller)

Staff Analysis: 

  If no comments or requests for hearing are filed, the rules may be filed with the Department of State and the docket closed.