815 R.I. Code R. 815-RICR-00-00-1.3

Current through December 3, 2024
Section 815-RICR-00-00-1.3 - The Division
A. Description and Organization
1. The Division of Public Utilities and Carries is a governmental body charged with the supervision and execution of all laws relating to public utilities and carriers and all regulations and orders of the Commission governing the conduct and charges of public utilities. These responsibilities include evaluating fitness and public convenience and necessity for motor, air, railway and water carrier services and competing providers of gas and electric service, fixing standards for utility service, witnessing the testing of measuring devices, ordering refunds to provide remedial relief, authorizing the issuance of securities, approving certain transactions between utilities, conducting investigations and holding hearings.
2. The Division is headed by an Administrator, appointed by the Governor to a six year term with the advise and consent of the Senate. It is staffed by accountants, engineers, engineering technicians, legal counsel, investigators, consumer specialists and clerical personnel.
B. Offices
1. The principal office of the Division is at Warwick, Rhode Island. All communications to the Division shall be addressed to the Division of Public Utilities and Carriers, 89 Jefferson Boulevard, Warwick, Rhode Island 02888, unless otherwise specifically directed.
C. Hours
1. The offices of the Division will be open Monday through Friday from 8:30 a.m. to 4:00 p.m. unless otherwise provided.
D. 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 Administrator, Administration and Operations Officer, Associate Administrator(s) or Hearing Officer 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 Division may request a preliminary finding that some or all of the information is exempt form the mandatory public disclosure requirements of the Access to Public Records Act. A preliminary finding that some documents are privileged shall not preclude the Division from releasing those documents pursuant to public request in accordance with R.I. Gen. Laws § 32-2-1 et seq.
3. Claims of privilege are made by filing a written request with the Division. 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, nonpublic file until the Administrator, Administration and Operations Officer, Associate Administrator(s) or Hearing Officer determines whether to grant the request for privileged treatment.
5. Any person, whether or not a party, may apply to the Division for release of the information, pursuant to the Access to Public Records Act.
6. Public records may be examined and/or copied at the offices of the Division from 8:30 a.m. to 4:00 p.m. on regular business days. No officially filed document shall be taken out of the offices except by the direction of the Division Clerk. Requests for information may be addressed to the Division of Public Utilities and Carriers, 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 § 38-2-4), for research and retrieval of documents, shall be assessed.
E. Ex Parte Communications
1. Except as permitted below, no person who is a party to or a participant in any proceeding pending before the Division, or the person's counsel, employee, agent, or any other individual action on the person's behalf, shall communicate ex parte with the Administrator, Administration and Operations Officer, Associate Administrator(s) or Hearing Officer about or in any way related to the proceeding, and the Administrator, Administration and Operations Officer, Associate Administrator(s) and Hearing Officer shall not 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, the Division Counsel, representative or Hearing Officer.

815 R.I. Code R. 815-RICR-00-00-1.3