Utilities Regulation (Procedural) (Amendment) Rules (S.I. No. 82 of 2009)

1. These Rules may be cited as the Utilities Regulation (Procedural} (Amendment) Rules, 2009.

2. The Utilities Regulation. (Procedural) Rules, 2003. in these S.L 2003 Rules referred to as the principal Rules are amended in regulation 2 by No- 104., deleting the defmition of "intervenor" andsubstituting thefollowing: .."intervenor' means an interested parryor a consumer > Cap. 282 referred to insection 15(5)of the Utilities Regulation Act,".

3. Rule 13of theprincipal Rules is amended by deleting paragraphs (4) and(5) andsubstituting thefollowing: "(4) Where a party has made a request under this Rule, the documentif filed With the Commission, shall be held in confidence unless theCommission decides to (a) holdahearing;and (b) place the document on the public record. (5) Where the Commissionholds a hearing under paragraph (4). the Commission may direct that thehearing be held in the absence of the public in accordance with rule 39.". 2 STATUTORY INSTRUMENT

4. Rule 16 of theprincipal Rules is amended (a) in paragraph (3), by deleting the words "(1) and (2)" and substituting the words H( 1), (2) and (8),"; (b) by deleting paragraph (4) and substituting the following: "(4) Subject to rule 16A, any party who wishes to present evidence at an oral hearing shall prior to the appearance ofitswitness, file and serveits written evidence including a witness statement as directed by the Commission,"; (c) in paragraph 7, bydeleting sub-paragraph (c) andsubsituting the following: "(c) ~ wltne~~ statemf'.nt filf'.rl anti ~P:TVen under paragraph (4);"; (d) in paragraph8, by deleting sub-paragraph (c) and substituting the following; "(c) a witness statement filed and served under paragraph (4);"

5. Theprincipal Rules are amended by inserting immediately after rule 16 the following as rule 16A: ·'Witn.... 16A. (1) a witness statement shall statement. (a) give the name, address and occupation of the witness; (b) so far as is reasonably practical, be in the witness'ownwords; ((;) sufficiently identify any document to which the statementreferswithoutrepeating its contents unless this is necessaryin order to identify the document; STATUTORY INSTRUMENT 3 (d) be dated and signedor otherwiseauthenticated by the intendedwitness. (2) The Commission may order that anyinadmissible, scandalous. irrelevant, defamatory, offensive or otherwise oppressive word or phrase be struck out of any witness statementand in instances whereinclusions ofthisnature have been made throughout the witness statement the Commission shall have thediscretion to strikeout theentire statement. (3) Wherethewitness inquestion is tendered as an expert witness verification of hisexpertise shall be armexed to his witness statement. (4) A witness giving oral evidence may, with the permission of the Commission: (a) amplify the evidence as set out in a witness statement if that statement has disclosd the substanceof the evidence which thewitness is askedto amplify; (h) give evidence in relationto new matters which have arisen since the witness statement was served on the other parties; or (c) comment on evidence given by otherwitnesses. (5) A witness may seek leave of the Commission at any time before the end of the hearing to amend or amplify the witness statement, to address 3Ily issue arising as a result ofadditional information or new matters which have arisenduring the course of thehearing and after the witness statement was served onthe parties. (6) The witness statement of a witness called to give evidence at a hearing may be referred to in cross 4 STATUTORY INSTRUMENT examination whetheror notthe statementor any part ofit was: referred to during the witness' evidence in chief (7) Where a witness statement is not served in respectofanintended witness within the timespecified by the Commission, then the w itness may not be called unless theCommission . . . considers itjust inallthecircumstances 10 give perrmssion (B) A witness sta~cmentmay stand us the witness' evidence in chiefunless theCommission otherwise orders. (9) Where a witness.statement is directedtostand as examination in chief the witness shall be as ked to verify hissignature or otherauthentication of'thestatement. (10) S ubject to paragraph(1), and to anymatters of clarificarion that may arise, Hit: witness shall be tendered for cross-examination.".

6. Rule 42 of the principal Rules is amendedby (0) deleting paragraph (2) andsubstituting the following: "(2) Examination of witnesses shall proceed as follows: (0) examination-in-chiefby theapplicant; (b) cross-examination of the applicant by Public Counsel, intervenors, the Commission, commission counsel orstaff; (c) re-examinatoin by theapplicant; (d) examination-In-chief by Pubic Counsel andthe intervenors; (e) cross-examination of Public Counsel and intervenors, by the applicant, Corrvnissioners, commission counsel orstaff; STATUTORY INSTRUMENT 5 (f) re-examination by Public Counsel and intervenors;". (b) deleting paragraph (6); (c) re-numbering existing paragraphs (7) and(8) asparagraphs (6) and (7) respectively.

7. The principal Rules are amended by deleting rule 64 and substitutingthefollowing'. "Applica- 64. (l) Subject to paragraph (8) of tion for rule 64, any person who wishes to participate as an intervenor status, intervenor at a rate review and service standards hearing shall submit a letter of intervention to the Commission. (2) A person who wishes to actively participate in a proceeding shall comply with the applicable rules. (3) A person who intends to actively participate in the proceeding by (a) leading evidence; (b) makingarguments; (c) submitting interrogatories; or (d) cross-examining a witness or witnesses must comply with paragraphs (5) and (6) Ofrule 64. (4) A person mayapply to actively participate in the proceeding by submitting aletter of intervention totheCommission. (5) A person shan not submit a letter of intervention unless the person intends to actively 6 SlA1VTORY lN1)JRUMh"NT participate in theproceeding in themannerset out in paragraph (3) ofrule64. (6) Every letter of intervention shall (a) be divided intoparagraphs and nurnbered consecutively; (b) describe theintervenor, the interest ofthe intervenor in theproceeding andcontain detailed grounds fortheintervention; (c) contain, subject to paragraph (7) of rule 64, a concisestatement of the nature and scope of the intervenor's intended participation; (d) request the written evidence ifit is desired; and (e) set out the full name, address, telephone number and facsimile number ofno more than 2 representatives including counsel of theintervenor for thepurpose ofservice and delivery of documents in the proceeding. (7) Where by reason of an inability or insufficient time; to study an application or other docwnent initiating the proceeding, aperson is unable to include theinformation required in theletterof the intervention, that person shall (a) state thisfact in the letterof intervention as submitted under paragraph (5) of rule 64; and . (b) within STATUTORY INSTRUMENT 7 (i) 15 business days of receipt of a copyof the wntten evidence; (0) 15 business days ofthe submission of theletter of intervention; or (iii) 3 business days after theissues have beenfonnulated by the Commission, whichever is later, submit the letter of intervention with the information required by paragraph (6) rule 64. (8) Where several intervenors raise the same or substantially the same grounds of intervention, theCommission may in an effort to save time and costs limit the nllmher of persons actuallyparticipating in thehearingon thosesaidgrounds of intervention. (9) Upon the submission of a letter of intervention, the Secretary shall notify the personapplying forintervenor status in Miting that the letter of intervention has beenaccepted for filing and whether the status has been granted; and the Secretary shallsupplycopies of the letterofintervention to the otherparties and to theservice provider.".

8. Rule65of the principal Rules is amended by (a) deleting theword"file"appearing beforethe words "a letter of intervention and substituting theword "submit"; and (b) deleting the-word "directed" appearing before the words "by theCommission" andsubstituting the word "fixed". 8 STATUTORY INSTRUMENT

9. Rule 67 of theprincipal Rulesis amendedby (a) deleting paragraph(I) and substituting the following: "(I) Unless the Commission otherwise directs, an intervenor shallsubmita writtenbrief to the Commission before a hearing, sunnnarizing the issueshe or shewishestoraise in the hearing; and the brief'shall be accompanied by any documents which may be useful in explaining or supporting the intervention"; (b) deleting paragraph (7) and substituting the following: "(7) Intervenors who are consumers are entitled to be represented by thePublic Counsel and the Conuuissiou will elloowage intervenors to exercise this rightif theyappear to be having difficulty in complying with the Rules of the Hearing."; and (c) deleting paragraph(8) andsubstituting thefollowing: "(8) Whereseveral intervenors who are consumers raise the same or substantially the same grounds ofintervention, the Commission may invite those intervenors to make their intervention through thePublicCounsel for the purposeof savingtime, expenseand the overall expeditious disposition of thehearing.". Made by theCommission this 3rd dayof July, 2009. NEVILLE V. NICHOLLS Chairman of the Commission