Energy Biz - March/April 2008 - (Page 90) » lEGal EaGlE regulation in the Show-Me State heLpInG InformaTIon fLow by jeff davIS Jeff Davis, the chairman of the Missouri Public Service Commission, has proposed new restrictions on communications between state regulators and utilities, public advocates, industry representatives and other stakeholders. Some of these restrictions are designed specifically to apply to private meetings with utilities to discuss issues in advance of formal filings. EnergyBiz asked the chairman to explain the issues and we asked two experts with different views to offer their comments. EDiTOr’s nOTE customers, interest groups and regulated utilities requires the open exchange of information, ideas and concerns among all parties involved. Regulators, most certainly, should be readily accessible to consumers and regulated utilities alike. Years of regulatory law, as well as associated hearing practices and ethical judicial cannons, have finely tuned the tenets and fairness of formal cases processed before regulatory commissions. Rules of evidence, findings of fact and conclusions of law help meet the challenge of establishing fair rates for consumers while assuring companies the opportunity to make a profit. Under Missouri law, prior to the filing of a case and the scheduling of hearings, any company, consumer or interest group can discuss any issue with any regulator. Further, the law specifically encourages regulators to engage with consumers and companies to facilitate a deeper understanding of the consumer and utility issues that will come before them. The hearing process for rate cases should be neither distracted nor compromised by free and lawful communications between regulators and companies before cases are filed. Nor should any party to cases before regulators be able to use lawful meetings to impair the tribunal or to call into question the objectivity or fairness of the formal regulatory process. To ensure both the integrity of the formal process and the accessibility essential to the free exchange between regulators and those they serve, Missouri is considering general concepts through a rulemaking process intended to assure both companies and customers that the processes that serve them are fair, and that regulators are reachable and responsive to their needs. One concept is to make the meeting and appointment calendars of commissioners publicly available and accessible via the Internet. Meeting entries should disclose both participants and topics. Further, materials provided to commissioners during such meetings would be considered public records. Key meetings, such as major cases, could be documented by a court reporter or by audio recordings. A second concept would allow regulators to file serving the Best interests of notices of external communication in instances in which nonscheduled contact takes place before cases are filed, especially contact that relates to issues that are likely to end up before the regulators in formal cases. The Missouri commission now streams video of formal hearings via the Internet. This proposal considers similarly streaming discussions of cases in agenda hearings as well. The proposals, as well as a wide range of other ideas submitted by participants in a roundtable hearing on the issue, are intended to maintain the accessibility of regulators to those they serve while assuring the public that the regulatory process — both before and during the hearing of formal cases — is open, accountable and fair to all parties, not just those who are most persistent. Jeff Davis is chairman of the Missouri Public Service Commission. Gatherings LEGAL E AGLE www.energycentral.com/events To view any of these events, please go to www.energycentral.com/ ) into the quick link box. quicklink and type the quick link code ( APRIL 11 Energy Trading Regulations Houston 21-22 22 23-24 MAY 5-7 12-13 14-15 21 22 26-27 | | Gas Business Understanding | North American Natural Gas | Electric Business Understanding Chicago Calgary, Alberta Chicago Athens, Greece E17913 E17506 E17950 E17501 | Global Climate and Energy Security | Gas Business Understanding | West Coast Energy Management Congress | EEI Master Agreements for Power Trading | FERC & CFTA | Utility Expansion & Investment Congress Denver Seattle Houston Houston Dubai, United Arab Emirates E16808 E17507 E17885 E17914 E17958 E17975 90 E n E rgyB i z March/April 2008 http://www.energycentral.com/events http://www.energycentral.com/quicklink http://www.energycentral.com/quicklink
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