65- 407 C.M.R. ch. 110, § 7

Current through 2024-25, June 19, 2024

Section 407-110-7 - ADVISORY RULINGS AND OPINIONS

A.Advisory Ruling Requests

Upon written request of any interested person, the Commission may make an advisory ruling with respect to the applicability of any statute or rule administered by the Commission to the person's property or to acts or events in which the person has a substantial interest.

1.Petition

a. Petitions for advisory rulings shall be in writing and shall include:

i. the name, address and telephone number of the person requesting the ruling;

ii. the statute or rule for which an interpretation is requested;

iii. all known facts which relate to the advisory ruling;

iv. all assumptions or hypotheses which relate to the advisory ruling;

v. a memorandum setting forth legal research and theories which would assist the Commission in reaching a decision; and

vi. a statement that to the petitioner's knowledge, the issue upon which an advisory ruling is sought is not the subject of a pending Commission proceeding.

2.Additional Information

The Commission may seek additional information or comments from the person requesting the opinion or persons likely affected by the request.

3.Decision

The Commission shall either issue a written advisory ruling or notify the petitioner in writing of the reasons that an advisory opinion will not be rendered within 60 days of the request.

4.Advisory Ruling not Binding

No advisory ruling shall constitute res judicata or legal precedent with respect to the issues raised before the Commission. In any subsequent enforcement action initiated by the Commission, however, any person's justifiable reliance upon the ruling shall be considered in mitigation of any penalty sought to be assessed.

B.Opinion of General Counsel

Any person may informally inquire of the Commission's General Counsel with respect to the applicability of any statute or rule administered by the Commission. In addition, any request for an advisory ruling may at the discretion of the Commission be treated as a request for an opinion of the General Counsel. The General Counsel may decline to respond to a request because the facts are not sufficiently complete or detailed to form the basis of an opinion, because resources or time are not available to the General Counsel for the purposes of preparing an opinion, or because the matter should properly be the subject of an advisory ruling of the Commission. The General Counsel may require that the request be put in writing. Any opinion provided by the General Counsel under this section shall not constitute res judicata or legal precedent in any subsequent proceeding nor shall it be binding on any party. In any subsequent enforcement action initiated by the Commission, however, any person's justifiable reliance upon the opinion may be considered in mitigation of any penalty sought to be assessed.

C.Consumer Assistance Bulletin

The Division of Consumer Assistance may from time to time issue bulletins to assist utilities, ratepayers and other interested persons in interpreting and applying provisions of the Commission's rules. Any Consumer Assistance Bulletin shall not constitute res judicata or legal precedent in any subsequent proceeding, nor shall it be binding on any party. In any subsequent enforcement action initiated by the Commission, however, any person's justifiable reliance upon the bulletin may be considered in mitigation of any penalty sought to be assessed.

65- 407 C.M.R. ch. 110, § 7