810 R.I. Code R. 810-RICR-00-00-1.3

Current through December 3, 2024
Section 810-RICR-00-00-1.3 - The Commission
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 § 38-2-1et 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 § 38-2-1et 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.

810 R.I. Code R. 810-RICR-00-00-1.3