65-407 C.M.R. ch. 615, § 4 - PROCEEDINGS SUBSEQUENT TO EXEMPTIONS

A. Review of Exemption

The Commission may modify or rescind any exemption granted under this rule to any consumer owned water utility upon its own motion or upon presentation of a petition seeking review of the exemption signed by 15% of the customers of a consumer-owned water utility or 1000 customers, whichever is less.

1. Petitions for Review of Exemptions

a. A petition presented to the Commission pursuant to this subsection must indicate

i. the name and address of each petitioner; and

ii. a summary of the basis upon which the petitioners seek to have the water utility's exemption reviewed.

b. Upon presentation of a petition for review, the Commission will inform the utility of the petition. The utility shall file a response to the petition within 10 business days.

B. Review Procedure

1. Summary Review. Upon receipt of a valid petition seeking review, the Commission shall conduct a summary review of the petition and its alleged basis. Upon completion of the summary review, if the Commission determines the petition for review has merit, it shall open an investigation to determine whether the exemption should be rescinded or modified.

2. Investigation. Any investigation initiated under this section will be an adjudicatory proceeding pursuant to Chapter 110 of the Commission's rules.

3. Lead Petitioner. In any investigation initiated pursuant to Section 4(A)(1), the Commission will designate the Lead Petitioner as defined in Section 2(F) of this rule.

C. Rescission or Modification of Exemption

1. Upon a Commission finding that a previously granted exemption no longer satisfies the criteria of Section 3(B)(2), the Commission may rescind or modify the exemption, in in part or in whole.

2. An exemption granted pursuant to this rule will be rescinded or modified only after the consumer-owned water utility subject to the decision has been provided an opportunity for a hearing.

Notes

65-407 C.M.R. ch. 615, § 4