6. Clarifications relating to the Informal Comments of Verified prohibition on one-way communications The Utility Reform Network Regarding Draft TURN noted that draft Rule 8.1(b) states Proposal for Modification that ex parte communications of Rules of Practice and “may include communications that are Procedure, March 6, 2017, from a decisionmaker to an Page 2; TURN comments interested TURN recommended on Draft Resolution person.” removing the from this ALJ344, July 3, 2017, word “may” provision to reflect the fact that SB 215 page 6. expressly bans the practice of engaging Final Resolution ALJ-344, in communications or ‘one-way’ Rule 8.1(b); Resolution a method ‘listening mode’ interactions as ALJ-344, page 13. for circumventing ex parte restrictions. To address the exception relating to conferences, TURN recommended modifying the rule to eliminate the word and to specify that the only “may” permissible exception is provided in Rule 8.3(b). The Commission made the change proposed by TURN in the final rule. 7. Treatment of prohibited Informal Comments of Verified communications The Utility Reform Network Regarding Draft TURN suggested that the Draft Rules be Proposal for Modification modified to place the requirement for of Rules of Practice and reporting prohibited communications in a Procedure, March 6, 2017, standalone section rather than being Pages 3-4. included as a sentence within Section Final Resolution ALJ-344, 8.2(b) that appears to relate only to Rule 8.2(h). adjudicatory proceedings. TURN explained that this change is important to clarify that prohibited communications may occur in both adjudicatory and ratesetting proceedings. The Commission moved this requirement into a separate section in the final rule.
6. Clarifications relating to the prohibition on one-way communications TURN noted that draft Rule 8.1(b) states that ex parte communications “may include communications that are from a decisionmaker to an interested person.” TURN recommended removing the word “may” from this provision to reflect the fact that SB 215 expressly bans the practice of engaging in ‘one-way’ communications or ‘listening mode’ interactions as a method for circumventing ex parte restrictions. To address the exception relating to conferences, TURN recommended modifying the rule to eliminate the word “may” and to specify that the only permissible exception is provided in Rule 8.3(b). The Commission made the change proposed by TURN in the final rule. Informal Comments of The Utility Reform Network Regarding Draft Proposal for Modification of Rules of Practice and Procedure, March 6, 2017, Page 2; TURN comments on Draft Resolution ALJ344, July 3, 2017, page 6. Final Resolution ALJ-344, Rule 8.1(b); Resolution ALJ-344, page 13. Verified 7. Treatment of prohibited communications TURN suggested that the Draft Rules be modified to place the requirement for reporting prohibited communications in a standalone section rather than being included as a sentence within Section 8.2(b) that appears to relate only to adjudicatory proceedings. TURN explained that this change is important to clarify that prohibited communications may occur in both adjudicatory and ratesetting proceedings. The Commission moved this requirement into a separate section in the final rule. Informal Comments of The Utility Reform Network Regarding Draft Proposal for Modification of Rules of Practice and Procedure, March 6, 2017, Pages 3-4. Final Resolution ALJ-344, Rule 8.2(h). Verified
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