PR-10-76 -- PSC Moves Foward On Ethics And Standard Of Conduct Rules

Proposed rules on ex parte communications sent  to Secretary of State's office

Contact: Kevin kelly (573) 751-9300

FOR IMMEDIATE RELEASE -- NOVEMBER 6, 2009

JEFFERSON CITY---The Missouri Public Service Commission has sent to the Missouri Secretary of State for publication proposed ex parte communication rules which would apply when a contested case has either been filed or is expected to be filed with the PSC.  The proposed rules are expected to be published in the Missouri Register on December 15, 2009.

“This is an important first step to clarify our rules and ensure the citizens of this state and all who appear before us, that our deliberations and decisions are done in accordance with the highest ethical standards,” said PSC Chairman Robert M. Clayton III.

The proposed rules are the recommendation of an independent ethics consultant and are designed to establish standards for ensuring public trust in the Commission with regard to pending filings and cases.  Final rules adopted by the Commission will regulate the communication between the Commission, technical advisory staff, and presiding officers, and anticipated parties, parties, agents of parties and interested persons regarding substantive issues that are not a part of the evidentiary record.

Under proposed rules, no party or anticipated party is to initiate, participate in, or undertake, directly or indirectly, an ex parte communication.  An ex parte communication is any type of communication outside of the contested case hearing process between the commission, a commissioner, a member of the technical advisory staff or the presiding officer assigned to a case and any party or anticipated party regarding a substantive issue.

The proposed rules also require disclosure of extra-record communications between Commissioners and members of the general assembly or utility representatives about a substantive issue in a contested case.

Anyone may file comments in support of or in opposition to the proposed rules.  Comments should be sent to the Missouri Public Service Commission, Steven C. Reed, Secretary of the Commission, P.O. Box 360, Jefferson City, Missouri 65102.  To be considered, comments must be received by January 21, 2010 and should include a reference to the case number (AX-2010-0128).  Comments may also be submitted via a filing using the Commission’s electronic filing and information system at http://www.psc.mo.gov/case-filing-information .

The Commission will hold a public hearing regarding the proposed rules on January 22, 2010.  The public hearing, scheduled to start at 9:00 a.m., will be held in Room 305 of the Governor Office Building, 200 Madison Street, Jefferson City, Missouri.

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Case No. AX-2010-0128