DATE:	September 20, 2012
TO:	Office of Commission Clerk (Cole)
FROM:	Office of the General Counsel (Miller) Division of Economics (King)
RE:	Docket No. 120230-PU – Proposed repeal of Rule 25-4.043, Response to Commission Staff Inquiries, Rule 25-6.004, Reference to Commission, Rule 25-6.042, Response to Commission Inquiries and Rule 25-7.038, Response to Commission Staff Inquiries.
AGENDA:	10/02/12 – Regular Agenda – Interested Persons May Participate
COMMISSIONERS ASSIGNED:			All Commissioners
PREHEARING OFFICER:			Edgar
RULE STATUS:			Proposal May Be Deferred
SPECIAL INSTRUCTIONS:			None
FILE NAME AND LOCATION:			S:\PSC\GCL\WP\120230..CBM.RCM.DOC

 

 Case Background

Rules 25-4.043, 25-6.042, and 25-7.038 require companies to respond in writing to Commission staff inquiries within a specific time (15 days) regarding service or other complaints.  Rule 25-6.004 clarifies that disputes involving the interpretation of rules and regulations may be referred to the Commission for adjudication.

On May 7, 2012, the staff of the Joint Administrative Procedures Committee (JAPC),   pursuant to its authority to review agency rules, sent a letter questioning the Commission’s need for these rules.  JAPC noted that Rule 25-6.004 seemed to be redundant of Section 120.565, F.S., which governs requests for agency declaratory statements.  Also, JAPC stated that Rules 25-6.042 and 25-4.043 appear vague.

This recommendation addresses whether the Commission should propose the repeal of Rules 25-4.043, 25-6.042, 25-7.038, and 25-6.004, F.A.C.  The Commission has jurisdiction pursuant to Section 120.54, F.S.

Discussion of Issues

Issue 1: 

 Should the Commission propose the repeal of Rule 25-4.043, Response to Commission Staff Inquiries; Rule 25-6.004, Reference to Commission; Rule 25-6.042, Response to Commission Staff Inquiries; and Rule 25-7.038, Response to Commission Staff Inquiries? 

Recommendation: 

 Yes, the Commission should propose the repeal of the rules as set forth in Attachment A. (Miller, King)

Staff Analysis: 

  Rule 25-4.043 requires telecommunications company responses to Commission staff concerning service or other complaints be received by the Commission within 15 days from the date of inquiry.  Rule 25-6.042 has the same requirement for electric utilities, and Rule 25-7.038 has the same requirement for gas utilities.  Rule 25-22.032, F.A.C., addressing the procedure for resolving customer complaints, requires in subsection (6)(c) that responses to Commission staff inquiries be provided within 15 days.  Also, response times to discovery requests are governed by Rule 28-106.206, F.A.C.  Rules 25-22.032 and 28-106.206 apply to all industries and, thus, appear to alleviate the need for Rules 25-4.043, 25-6.042, and 25-7.038.

Rule 25-6.004 authorizes the referral of interpretations of rules and regulations to the Commission for determination.  Rule 25-6.004, F.A.C., appears unnecessary because requests for declaratory statements, pursuant to Section 120.565, F.S., cover the referral to the Commission of interpretation of rules and regulations.  Thus, Rule 25-6.004 is redundant of section 120.565, F.S., and may be repealed.

Statement of Estimated Regulatory Costs (SERC):

The Statement of Estimated Regulatory Costs (Attachment B) analyzes whether the rule repeals are likely to have an adverse impact on growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after implementation.  Also, the statute requires consideration of whether the draft rules are likely to have an adverse impact on business competitiveness, productivity, or innovation in excess of the above amount.  These rule repeals would not have such an impact.  Thus, the rule repeals do not require legislative ratification, pursuant to Section 120.541(3), Florida Statutes.

            Staff recommends that the Commission propose the repeal of Rule 25-4.043, Response to Commission Staff Inquiries; Rule 25-6.004, Reference to Commission; Rule 25-6.042, Response to Commission Staff Inquiries; and Rule 25-7.038, Response to Commission Staff Inquiries.
Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes.  If no requests for hearing or comments are filed, the rules should be filed with the Department of State, and the docket should be closed. (Miller)

Staff Analysis: 

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

25-4.043 Response to Commission Staff Inquiries.

The necessary replies to inquiries propounded by Commission’s staff concerning service or other complaints received by the Commission shall be furnished in writing within fifteen (15) days from the date of the Commission inquiry.

Specific Authority 350.127(2) FS. Law Implemented 364.183 FS.  History – New 12-1-68, Formerly 25-4.43.  Repealed xx-xx-xx.

25-6.004 Reference to Commission.

In the event of any dispute involving the interpretation of any of these rules and regulations, any party in interest may refer the matter to the Commission for adjudication.

Specific Authority 366.05(1) FS.  Law Implemented 366.05(1) FS.  History – Amended 7-29-69, Formerly 25-6.04., Repealed xx-xx-xx.

25-6.042  Response to Commission Staff Inquiries.

The necessary replies to inquiries propounded by Commission’s staff concerning service or other complaints received by the Commission shall be furnished in writing within fifteen (15) working days from the date of a Commission inquiry wherever practical.

Specific Authority 366.05(1) FS. Law Implemented 366.04(2)(f), 366.05(1)FS.  History – New 4-13-80, Formerly 25-6.42.  Repealed xx-xx-xx.

25-7.038  Response to Commission Staff Inquiries.

The necessary replies to inquiries propounded by Commission’s staff  shall be furnished in writing within fifteen (15) days from the date of the Commission inquiry.

Specific Authority 366.05(1) FS. Law Implemented 366.05(1), 366.05(3)FS.  History – Amended 10-20-73, Repromulgated 1-8-75, 5-4-75, Formerly 25-7.38.  Repealed xx-xx-xx.