DIVISION 14
HEARINGS AND PROCEEDINGS
860-014-0005
Notice
The Commission or Administrative Law Judge must set the time and place for hearings. Notice of a hearing must be served on all parties at least ten days before the hearing date. For good cause, the Commission may require a hearing to be held on less than ten days' notice.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: Adopted & ef. 3-10-13 (not filed with Secretary of State);
PUC 1, f. & ef. 8-16-39 (Order No. 6798); PUC 18, f. 1-21-55, ef.
9-1-54 (Order No. 33203); PUC 103, f. 7-20-61, ef. 7-25-61 (Order No.
37732); PUC 120, f. 10-26-62, ef. 11-15-62 (Order No. 38811); PUC
126, f. 2-5-64, ef. 3-1-64 (Order No. 39889); PUC 135, f. 5-9-66, ef.
5-15-66 (Order No. 42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No.
44783); PUC 155, f. 7-3-73, ef. 7-15-73 (Order No. 73-436); PUC 179,
f. 3-18-77, ef. 4-1-77 (Order No. 77-163); PUC 1-1985, f. & ef.
2-1-85 (Order No. 85-075); PUC 15-1997, f. & cert. ef. 11-20-97;
PUC 12-1999, f. & cert. ef. 11-18-99; PUC 18-2004, f. & cert.
ef. 12-30-04
860-014-0010
Postponements and Continuances of Hearings
(1) Any party may request a postponement of a hearing. The party must provide the reasons why the postponement is necessary. The Commission or Administrative Law Judge (ALJ) may require oral requests for postponement of a hearing to be confirmed in writing.
(2) The Commission or ALJ may grant a postponement of a hearing and may, at any time, order a postponement on his/her own motion.
(3) The Commission or ALJ may continue a hearing or conference to receive additional evidence or argument. Additional notice of a continued hearing involving the same issue need only be provided to parties attending the initial hearing and other parties who have requested continuing notice.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f.
10-26-62, ef. 11-15-62 (Order No. 38811); PUC 135, f. 5-9-66, ef.
5-15-66 (Order No. 42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No.
44783); PUC 155, f. 7-3-73, ef. 7-15-73 (Order No. 73-436); PUC
1-1985, f. & ef. 2-1-85 (Order No. 85-075); PUC 1-1996, f. &
cert. ef. 2-21-96 (Order No. 96-043); PUC 15-1997, f. & cert. ef.
11-20-97; PUC 12-1999, f. & cert. ef. 11-18-99; PUC 18-2004, f.
& cert. ef. 12-30-04
860-014-0020
Conferences
(1) The Commission or Administrative Law Judge may schedule conferences to:
(a) Establish a procedural schedule, including dates for discovery, testimony, and exhibits;
(b) Identify, simplify, and clarify issues;
(c) Eliminate irrelevant or immaterial issues;
(d) Obtain stipulations, authenticate documents, admit documents into evidence, adopt witness schedules, cross-examination schedules, and decide the order of proof;
(e) Consider other matters which may expedite the orderly conduct and disposition of the proceeding.
(2) All discovery procedures provided in these rules may be applied to aid in the conference.
(3) The record shall reflect the results of any conferences, which shall be binding on all parties.
(4) Unaccepted proposals at conference shall be privileged and shall not be admissible in evidence in the proceeding.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f.
10-26-62, ef. 11-15-62 (Order No. 38811); PUC 148, f. 7-29-68, ef.
9-1-68 (Order No. 44783); PUC 155, f. 7-3-73, ef. 7-15-73 (Order No.
73-436); PUC 179, f. 3-18-77, ef. 4-1-77 (Order No. 77-163); PUC
1-1985, f. & ef. 2-1-85 (Order No. 85-075); PUC 10-1994, f. &
cert. ef. 7-21-94 (Order No. 94-1127); PUC 12-1999, f. & cert.
ef. 11-18-99
860-014-0023
Major Proceeding
(1) For purposes of ORS 756.518(2), a "major proceeding" is a proceeding that has, or is expected to have, a full procedural schedule with written testimony or written comments and that:
(a) Has a substantial impact on utility rates or service quality for energy utilities having more than 50,000 customers or telecommunications utilities having more than 50,000 access lines; or
(b) Has a significant impact on utility customers or the operations of a regulated utility for energy utilities having more than 50,000 customers or telecommunications utilities having more than 50,000 access lines.
(2) A party in a proceeding that does not meet the criteria in section (1) of this rule may petition the Administrative Law Judge (ALJ) for major case status if the case:
(a) Is likely to result in a significant change in regulatory policy; or
(b) Raises novel questions of fact or law.
(3) When a docket is opened, any party may file a motion with the ALJ requesting that the case be classified as a major proceeding.
(a) The motion must:
(A) Set out with specificity how the case qualifies as a major proceeding under the criteria listed in section (1) of this rule; or
(B) Argue how the case qualifies as a major proceeding under section (2) of this rule.
(b) Answers to the motion are due within ten days of filing.
(c) The ALJ must rule on the motion within 15 days of filing.
(4) If a case is classified as a major proceeding, parties must schedule a date for oral argument before the Commission at the prehearing conference or as soon thereafter as possible.
(5) Any party to a case may present argument before the Commission if the case is defined as a major proceeding.
(6) The ALJ must determine the length of each party's presentation to the Commission, the right of any party to rebuttal of any other party's presentation, and the order of presentation.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 19-2002(Temp), f. & cert. ef. 12-6-02 thru 6-4-03; PUC
3-2003, f. & cert. ef. 3-11-03; PUC 18-2004, f. & cert. ef.
12-30-04
860-014-0025
Consolidation of Proceedings
Proceedings may be consolidated for hearing at the discretion of the Commission or Administrative Law Judge.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f.
10-26-62, ef. 11-15-62 (Order No. 38811); PUC 135, f. 5-9-76, ef.
5-15-66 (Order No. 42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No.
44783); PUC 1-1985, f. & ef. 2-1-85 (Order No. 85-075); PUC
12-1999, f. & cert. ef. 11-18-99
860-014-0030
Appearances
(1) Parties shall enter appearances at the hearing by giving their names and addresses in writing to the reporter or Administrative Law Judge (ALJ).
(2) The Commission or ALJ may require appearances to be stated orally so that the identity and interest of all parties present will be known to those at the hearing.
(3) Parties withdrawing from a proceeding shall immediately notify the Commission or ALJ and all parties to the proceeding.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f.
10-26-62, ef. 11-15-62 (Order No. 38811); PUC 126, f. 2-5-64, ef.
3-1-64 (Order No. 39889); PUC 135, f. 5-9-66, ef. 5-15-66 (Order No.
42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC 155,
f. 7-3-73, ef. 7-15-73 (Order No. 73-436); PUC 179, f. 3-18-77, ef.
4-1-77 (Order No. 77-163); PUC 1-1985, f. & ef. 2-1-85 (Order No.
85-075); PUC 12-1999, f. & cert. ef. 11-18-99
860-014-0032
Failure to Appear
If a party fails to appear at a conference or hearing, the party waives its right to participate in the proceeding. Upon motion by any party, or upon the Commission's own motion, the Commission may enter an order dismissing the party from the proceeding. Such order shall be served on the party dismissed. Unless allowed by the Commission or Administrative Law Judge (ALJ), the party may not reopen any matter determined at the conference or hearing or recall for further examination witnesses then available and excused. If the Commission or ALJ finds there was good cause for the party's failure to appear, or the interests of other parties or the public would be prejudiced, the Commission or ALJ may reinstate the party or permit the matter to be reopened, heard, and considered.
Stat. Auth.: ORS 183 & 756
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 1-1985, f. & ef. 2-1-85 (Order No. 85-075); PUC
10-1994, f. & cert. ef. 7-21-94 (Order No. 94-1127); PUC 1-1996,
f. & cert. ef. 2-21-96 (Order No. 96-043); PUC 12-1999, f. &
cert. ef. 11-18-99
860-014-0035
Order of Procedure
(1) Unless modified by the Commission or Administrative Law Judge (ALJ), parties shall present evidence in the following order:
(a) Formal complaints: Complainant; defendant; Commission's staff in proceedings in which the Commission is not the complainant; participants; and rebuttal by complainant;
(b) Investigation and suspension proceedings: Respondent; Commission's staff; protestants against suspended schedules; other participants; and rebuttal by respondent;
(c) Applications and petitions: Applicant or petitioner; protestants; participants; Commission's staff; and rebuttal by applicant or petitioner;
(2) In hearings where several proceedings are heard on a consolidated record, the Commission or ALJ shall designate the order of procedure.
Stat. Auth.: ORS 756
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 1, f. & ef. 8-16-39 (Order No. 6798); PUC 18, f.
1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f. 10-26-62, ef.
11-15-62 (Order No. 38811); PUC 135, f. 5-9-66, ef. 5-15-66 (Order
No. 42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC
155, f. 7-3-73, ef. 7-15-73 (Order No. 73-436); PUC 179, f. 3-18-77,
ef. 4-1-77 (Order No. 77-163); PUC 1-1985, f. & ef. 2-1-85 (Order
No. 85-075); PUC 1-1996, f. & cert. ef. 2-21-96 (Order No.
96-043); PUC 12-1999, f. & cert. ef. 11-18-99
860-014-0040
Subpoenas
(1) A subpoena may be issued by an attorney of record of a party and subscribed by the signature of the attorney.
(2) Parties not represented by an attorney shall submit, in writing to the Commission or Administrative Law Judge (ALJ), requests for the issuance of subpoenas. The request shall set forth the general relevance and reasonable scope of the testimonial, documentary, or physical evidence sought.
(3) Requests for subpoenas duces tecum shall specify the particular document or part of a document to be produced.
(4) Parties shall serve subpoenas as provided in the circuit courts of the State of Oregon under the Oregon Rules of Civil Procedure. Parties shall return the originals to the Commission or ALJ.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040, 756.543, 756.500 - 756.575, 757
& 759
Hist.: Adopted & ef. 3-10-13 (not filed with Secretary of State);
PUC 1, f. & ef. 8-16-39 (Order No. 6798); PUC 18, f. 1-21-55, ef.
9-1-54 (Order No. 33203); PUC 120, f. 10-26-62, ef. 11-15-62 (Order
No. 38811); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC
155, f. 7-3-73, ef. 7-15-73 (Order No. 73-436); PUC 1-1985, f. &
ef. 2-1-85 (Order No. 85-075); PUC 12-1999, f. & cert. ef.
11-18-99
860-014-0045
Evidence
(1) Relevant evidence:
(a) Means evidence tending to make the existence of any fact at issue in the proceeding more or less probable than it would be without the evidence;
(b) Is admissible if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs; and
(c) May be excluded if the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or by undue delay.
(2) Parties objecting to the introduction of evidence shall state the grounds for objection at the time the evidence is offered.
(3) When objection is made to the admissibility of evidence, the Commission or Administrative Law Judge (ALJ) may have the evidence recorded and reserve ruling until a later time.
(4) When a party takes exception to a ruling excluding certain evidence, the Commission or ALJ may require the party to make an offer of proof by stating what the evidence would indicate if received. Alternatively, the Commission or ALJ may permit the excluded evidence to be received in like manner as other evidence, but it shall be marked and designated as evidence offered, excluded, and to which exception has been taken.
(5) No admission or offer of settlement made during compromise negotiations, including a settlement conference under these rules, shall be admissible in evidence against the party making the admission or offer in any formal hearing before the Commission. Independently ascertainable facts disclosed during compromise negotiations may be proved in any subsequent hearing.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f.
10-26-62, ef. 11-15-62 (Order No. 38811); PUC 135, f. 5-9-66, ef.
5-15-66 (Order No. 42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No.
44783); PUC 155, f. 7-3-73, ef. 7-15-73 (Order No. 73-436); PUC 179,
f. 3-18-77, ef. 4-1-77 (Order No. 77-163); PUC 1-1985, f. & ef.
2-1-85 (Order No. 85-075); PUC 10-1994, f. & cert. ef. 7-21-94
(Order No. 94-1127); Renumbered from 860-012-0030; PUC 15-1997, f.
& cert. ef. 11-20-97; PUC 12-1999, f. & cert. ef.
11-18-99
860-014-0050
Official Notice
(1) The Commission or Administrative Law Judge (ALJ) may take official notice of the following matters:
(a) All matters of which the courts of the State of Oregon take judicial notice;
(b) Rules, regulations, administrative rulings and reports of the Commission and other governmental agencies;
(c) Orders of the Commission;
(d) Permits, certificates, and licenses issued by the Commission;
(e) Documents and records in the files of the Commission which have been made a part of the file in the regular course of performing the Commission's duties;
(f) General, technical or scientific facts within the specialized knowledge of the agency;
(g) The results of the Commission's or ALJ's own inspection of the physical conditions involved after notice to the parties.
(2) The Commission or the ALJ shall notify the parties when official notice is taken. The notice may be given on the record during the hearing or in findings of fact in a proposed or final order. A party may object to the fact noticed within 15 days of that notification. The objecting party may explain or rebut the noticed fact.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 1, f. & ef. 8-16-39 (Order No. 6798); PUC 18, f.
1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f. 10-26-62, ef.
11-15-62 (Order No. 38811); PUC 135, f. 5-9-66, ef. 5-15-66 (Order
No. 42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC
155, f. 7-3-73, ef. 7-15-73 (Order No. 73-436); PUC 1-1985, f. &
ef. 2-1-85 (Order No. 85-075); PUC 12-1999, f. & cert. ef.
11-18-99
860-014-0055
Resolutions
(1) Properly authenticated resolutions of governing bodies of government, business, agricultural or civic organizations shall be received in evidence if offered at the hearing by the president, secretary, or other person authorized to offer the resolution.
(2) Parties may rebut the authenticity of the resolution or the circumstances surrounding its procurement.
(3) Recitals of fact contained in resolutions are not proof of the facts. The Commission or Administrative Law Judge may receive a resolution for the limited purpose of showing the expression of the official action of the resolving body with respect to the matter under consideration in the proceeding.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f.
10-26-62, ef. 11-15-62 (Order No. 38811); PUC 148, f. 7-29-68, ef.
9-1-68 (Order No. 44783); PUC 155, f. 7-3-73, ef. 7-15-73 (Order No.
73-436); PUC 179, f. 3-18-77, ef. 4-1-77 (Order No. 77-163); PUC
1-1985, f. & ef. 2-1-85 (Order No. 85-075); PUC 12-1999, f. &
cert. ef. 11-18-99
860-014-0060
Testimony and Exhibits
(1) When testimony or exhibits are offered in evidence, copies must be furnished to each party, the Commission and Administrative Law Judge (ALJ). When practicable, the parties must distribute copies of exhibits before or at the commencement of the hearing.
(2) When relevant evidence offered by a party is included in a book, paper, or document containing irrelevant material, the party offering the exhibit must plainly designate the matter offered:
(a) If irrelevant material is included in the exhibit that would encumber the record, the exhibit may not be received in evidence. The exhibit may be marked for identification, and, if properly authenticated, the relevant matter may be read into the record;
(b) If the Commission or ALJ directs, a copy of the relevant portions of the exhibit may be received as evidence. The offering party must offer copies of the document to all other parties appearing at the hearing. The parties must be afforded an opportunity to examine the exhibit and to offer in evidence other portions of the exhibit found to be relevant.
(3) Papers and documents on file with the Commission may be introduced by reference to number, date, or by any other method of identification satisfactory to the Commission or ALJ.
(4)(a) The Commission or ALJ may direct that the testimony of any witness, including supporting exhibits, be submitted in writing prior to hearing. Unless otherwise directed by the Commission or ALJ, such testimony, when sworn to orally or in writing by the witness under oath to be true, will be received in the same manner as an exhibit;
(b) The written testimony must be double spaced, prepared in question and answer or narrative form, and contain a statement of the qualifications of the witness. The written testimony is subject to rules of admissibility and cross-examination. Unless otherwise directed by the ALJ, all written testimony and exhibits must be paginated in the top right corner as follows: Party/Exhibit Number: Witness/Page Number:
(c) The Commission or ALJ may direct that demonstrative evidence be reduced to a diagram, map, photograph, or similar representation.
Stat. Auth.: ORS 183 & 756
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 1, f. & ef. 8-16-39 (Order No. 6798); PUC 18, f.
1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f. 10-26-62, ef.
11-15-62 (Order No. 38811); PUC 148, f. 7-29-68, ef. 9-1-68 (Order
No. 44783); PUC 155, f. 7-3-73, ef. 7-15-73 (Order No. 73-436); PUC
179, f. 3-18-77, ef. 4-1-77 (Order No. 77-163); PUC 1-1985, f. &
ef. 2-1-85 (Order No. 85-075); PUC 10-1994, f. & cert. ef.
7-21-94 (Order No. 94-1127) PUC 1-1996, f. & cert. ef. 2-21-96
(Order No. 96-043); PUC 12-1999, f. & cert. ef. 11-18-99; PUC
18-2004, f. & cert. ef. 12-30-04
860-014-0065
Depositions
(1) The testimony of any witness may be taken by deposition at any time before the hearing is closed.
(2) A party proposing to take a deposition must notify in writing every other party. Unless notice is waived, a party must provide ten days' notice to the parties of a deposition to be taken within the state and 15 days' notice for a deposition to be taken elsewhere. The notice must state the witness's name and address, the subject matter on which the witness is expected to testify, the time and place of taking the deposition, the name and address of the officer before whom the deposition is to be taken, and the reason why the deposition is to be taken. Other parties in the proceeding may make any appropriate response to the notice of deposition.
(3) A party may take a deposition before a person designated in the notice or agreed upon by the parties. The Commission or Administrative Law Judge (ALJ) may impose such conditions on the taking of the deposition as may be necessary to ensure fairness in the proceeding.
(4) Every person whose testimony is taken by deposition must swear or affirm concerning the matter about which s/he will testify. The testimony must be transcribed. The person before whom the deposition was taken must certify, under oath on the transcript, that the witness was sworn in the reporter's or transcriber's presence, and the transcript is a true record of the testimony or a correct transcription of the recording.
(5) A party may examine a deponent on any matter not privileged which appears reasonably calculated to lead to the discovery of evidence relevant to the issues involved in the pending proceeding, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things, and the identity and location of persons having knowledge of relevant facts.
(6) Unless received in evidence by the Commission or ALJ, no portion of a deposition may constitute a part of the record in the proceeding. A party may object at the hearing in the proceeding to receiving in evidence any portion of the deposition. Upon request, the party examining the deponent must provide the Commission or ALJ a transcribed copy of any deposition taken in the proceeding.
(7) The party requesting the deposition must pay the deponents and the person taking the deposition the same fees as are paid for like services in the courts of record of the state in which the deposition is taken.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: Former OAR 860-14-065 was renumbered to 860-14-075 by PUC 155,
f. 7-3-73, ef. 7-15-73 (Order No. 73-436); PUC 1-1985, f. & ef.
2-1-85 (Order No. 85-075); PUC 15-1997, f. & cert. ef. 11-20-97;
PUC 12-1999, f. & cert. ef. 11-18-99; PUC 4-2002, f. & cert.
ef. 2-8-02; PUC 18-2004, f. & cert. ef. 12-30-04
860-014-0070
Data Requests
(1) Subject to limitations imposed by the Commission or Administrative Law Judge (ALJ), the Commission, ALJ, or any party may submit data requests to any party. Data requests are written interrogatories or requests for production of documents. The data requests must be answered within ten Commission business days from the date of service. Each data request must be answered fully and separately in writing or by production of documents, unless objected to, in which event the objection will be written in lieu of answer.
(2) A party submitting a data request must serve the request on all parties to the proceeding. The party answering the data request need only file a response to the submitting party, unless another party files a written request for a copy of a specific response. A party may not file a blanket request to receive copies of responses to all data request.
(3) If the party to whom the data requests are directed refuses to answer or objects to any data request, a party may file a motion seeking to compel an answer or impose sanctions for refusal to answer. Any motion regarding disputed data requests submitted to the Commission or ALJ, whether by motion or otherwise, must contain a certification that the parties have conferred and been unable to resolve the dispute. The certification may be included in the body of the motion. Any motion that does not contain this certification will be denied.
(4) Any party may offer into evidence data requests and the answers to the data requests. Any objection to substance or form of any data requests or answers must be attached to the submitted data requests with specific reference and grounds. The Commission or ALJ must rule on objections before receiving the submitted data requests in evidence. Every remedy available to a party using deposition procedures must be available to a party using data requests.
(5) Parties should not file data requests or responses to data requests with the Commission or ALJ, except when requested by the Commission or ALJ or when seeking resolution of a discovery dispute under these rules.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: Former OAR 860-14-070 was Renumbered to 860-014-0080 by PUC
155, f. 7-3-73, ef. 7-15-73 (Order No. 73-436); PUC 1-1985, f. &
ef. 2-1-85 (Order No. 85-075); PUC 10-1994, f. & cert. ef.
7-21-94 (Order No. 94-1127); PUC 11-1995, f. & cert. ef.
11-27-95 (Order No. 95-1217); PUC 13-1995, f. & cert. ef.
12-12-95 (Order No. 95-1284); PUC 1-1996, f. & cert. ef. 2-21-96
(Order No. 96-043); PUC 15-1997, f. & cert. ef. 11-20-97; PUC
12-1999, f. & cert. ef. 11-18-99; PUC 4-2002, f. & cert. ef.
2-8-02; PUC 18-2004, f. & cert. ef. 12-30-04
860-014-0080
Records in Other Proceedings
If a portion of the record of any other proceeding before the Commission is offered in evidence, a copy of the portion shall be presented for the record and a copy furnished to each party to the proceeding.
Stat. Auth.: ORS 183 & 756
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120, f.
10-26-62, ef. 11-15-62 (Order No. 38811); PUC 135, f. 5-9-66, ef.
5-15-66 (Order No. 42332); PUC 148, f. 7-29-68, ef. 9-1-68 (Order No.
44783); PUC 155, f. 7-3-73, ef. 7-15-73 (Order No. 73-436)
860-014-0080 Renumbered to 860-014-0090; PUC 1-1985, f. & ef.
2-1-85 (Order No. 85-075) Renumbered from 860-014-0070; PUC 12-1999,
f. & cert. ef. 11-18-99
860-014-0085
Voluntary Settlements; Stipulation to Facts
(1) In all Commission proceedings, some or all of the parties may enter into a voluntary settlement of issues, or enter into a stipulation upon any matter in controversy, at any time during the proceeding. Any such agreement shall be subject to sections (2) through (6) of this rule.
(2) Any party may attend any settlement conference in which the Commission staff participates. A settlement conference is any meeting called for the purpose of discussing resolution of issues in a proceeding. Examples of communications not constituting settlement conferences for purposes of this rule include, but are not limited to communications primarily for the purpose of discovery, and communications occurring prior to initiation of docketed proceedings.
(3) All parties to a proceeding shall be provided reasonable prior notice by Commission staff of any settlement conference in which staff intends to participate. The notice shall include the time and place of the settlement conference, the party or parties involved, and the issue(s) to be discussed. Once notice has been given by staff of a settlement conference involving a particular issue, additional notice of continuing settlement conferences involving the same issue need only be provided to parties attending the initial conference, or who have requested continuing notice.
(4) A stipulation or settlement shall not be binding on the Commission or Administrative Law Judge (ALJ). Settlements and stipulations shall be reduced to writing, served on the parties to the case, and filed for review by the Commission or the ALJ. Unless waived by the Commission or ALJ, settlements and stipulations filed for review shall be supported by an explanatory brief or written testimony filed and served concurrently therewith. Parties may present oral or written stipulations on the record at the hearing or other appropriate time with leave of the Commission or ALJ.
(5) Within 20 days of the filing of the settlement or stipulation, any party may file written objections to the settlement or stipulation or request a hearing. Upon request or its own motion, the Commission or ALJ may set another time period for objections and request for hearing. Objections may be on the merits or based upon failure of staff or a party to comply with this rule. The Commission or ALJ may hold a hearing to receive testimony and evidence regarding the settlement or stipulation. The Commission or ALJ may require evidence of any facts stipulated, notwithstanding the stipulation of the parties. The parties shall be afforded notice and an opportunity to submit proof, if such evidence is requested.
(6) If a stipulation is rejected, the Commission or ALJ shall provide the parties sufficient opportunity on the record to present evidence and argument on the matters contained in the settlement or stipulation. No further hearing need be held where a review hearing has already been held under section (5) of this rule and the Commission or ALJ determines that the issues were fully addressed in the prior hearing.
Stat. Auth.: ORS 183 & 756
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: Adopted & ef. 3-10-13 (not filed with Secretary of State);
PUC 1, f. & ef. 8-16-39 (Order No. 6798); PUC 18, f. 1-21-55, ef.
9-1-54 (Order No. 33203); PUC 120, f. 10-26-62, ef. 11-15-62 (Order
No. 38811); PUC 135, f. 5-9-66, ef. 5-15-66 (Order No. 42332); PUC
148, f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC 155, f. 7-3-73,
ef. 7-15-73 (Order No. 73-436) 860-014-0085 Renumbered to
860-014-0095; PUC 1-1985, f. & ef. 2-1-85 (Order No. 85-075)
Renumbered from 860-014-0075; PUC 10-1994, f. & cert. ef. 7-21-94
(Order No. 94-1127) Renumbered from 860-012-0030; PUC 12-1999, f.
& cert. ef. 11-18-99
860-014-0090
Briefs and Oral Arguments
(1) Parties may file briefs in any proceeding. The Commission or Administrative Law Judge (ALJ) may require a party to file a brief.
(2) The Commission or ALJ may require the parties to present their arguments and authority orally at the close of the hearing instead of by written brief.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: Adopted & ef. 3-10-13 (not filed with Secretary of State);
PUC 1, f. & ef. 8-16-39 (Order No. 6798); PUC 18, f. 1-21-55, ef.
9-1-54 (Order No. 33203); PUC 120, f. 10-26-62, ef. 11-15-62 (Order
No. 38811); PUC 126, f. 2-5-64, ef. 3-1-64 (Order No. 39889); PUC
135, f. 5-9-66, ef. 5-15-66 (Order No. 42332); PUC 148, f. 7-29-68,
ef. 9-1-68 (Order No. 44783); PUC 155, f. 7-3-73, ef. 7-15-73 (Order
No. 73-436); Renumbered from 860-014-0080; PUC 1-1985, f. & ef.
2-1-85 (Order No. 85-075); PUC 10-1994, f. & cert. ef. 7-21-94
(Order No. 94-1127); PUC 12-1999, f. & cert. ef. 11-18-99; PUC
18-2004, f. & cert. ef. 12-30-04
860-014-0091
Appeals to the Commission from Rulings of Administrative Law Judges
(1) A ruling of the Administrative Law Judge (ALJ) may not be appealed during the proceeding except where the ALJ certifies the question to the Commission pursuant to OAR 860-012-0035(1)(i), upon a finding that the ruling:
(a) May result in substantial detriment to the public interest or undue prejudice to any party; or
(b) Denies or terminates any person's participation.
(2) A request for certification of a ruling of the ALJ must be filed within ten days of the date of service of the ruling, or the date of the oral ruling.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 179, f. 3-18-77, ef. 4-1-77 (Order No. 77-163); PUC
1-1985, f. & ef. 2-1-85 (Order No. 85-075); PUC 10-1994, f. &
cert. ef. 7-21-94 (Order No. 94-1127); PUC 12-1999, f. & cert.
ef. 11-18-99
860-014-0092
Proposed Order
(1) After a contested case hearing, the Administrative Law Judge may issue a proposed order.
(2) The Commission's staff and parties to the proceeding may file exceptions to a proposed order and a reply to the exceptions.
(3) The exceptions, if taken, must be:
(a) Confined to factual and legal issues that are essential to the ultimate and just determination of the proceeding and must be based on grounds that:
(A) A necessary finding of fact is omitted, erroneous, or unsupported by the preponderance of the evidence of record;
(B) A necessary legal conclusion is omitted or is contrary to law or the Commission's policy; or
(C) Prejudicial procedural error occurred.
(b) Numbered and specify the disputed findings, opinions, or conclusions. Supporting citations to the record and authorities must be provided. The nature of the suggested error must be specified and alternative or corrective language provided.
(c) Filed on or before the 15th day after the service date of the proposed order.
(4) A reply to the exceptions, if made, must be filed on or before the tenth day after the exceptions are due.
(5) The Commission may modify the proposed order, reject it, prepare a different order, or adopt the proposed order.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 8-1980, f. & ef. 12-11-80; PUC 1-1985, f. & ef.
2-1-85 (Order No. 85-075); PUC 10-1994, f. & cert. ef. 7-21-94
(Order No. 94-1127); PUC 1-1996, f. & cert. ef. 2-21-96 (Order
No. 96-043); PUC 15-1997, f. & cert. ef. 11-20-97; PUC 12-1999,
f. & cert. ef. 11-18-99; PUC 18-2004, f. & cert. ef.
12-30-04
860-014-0093
Extension of Date to Comply with Rules and Orders
(1) Within 60 days of the date of service of an order or an adoption of a rule, parties may file petitions for extension of an effective date or of time to comply with a rule or an order of the Commission.
(2) Petitions shall set forth specifically the reasons for the requested extensions.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 1-1985, f. & ef. 2-1-85 (Order No. 85-075); PUC
15-1997, f. & cert. ef. 11-20-97
860-014-0094
Notice of Acceptance of Terms of Orders
The Commission may require any utility affected by any order to notify the Commission within a specified time whether the terms of the order are accepted and the time within which the order will be obeyed.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: PUC 1-1985, f. & ef. 2-1-85 (Order No. 85-075); PUC
1-1996, f. & cert. ef. 2-21-96 (Order No. 96-043); PUC 15-1997,
f. & cert. ef. 11-20-97
860-014-0095
Rehearing or Reconsideration
(1) Within 60 days from the date of service of an order entered by the Commission, a party may file an application for rehearing or reconsideration of such order as provided by ORS 756.561. The application shall set forth all grounds for rehearing or reconsideration.
(2) The application shall specify:
(a) The portion of the challenged order which the applicant contends is erroneous or incomplete;
(b) The portion of the record, laws, rules, or policy of the Commission relied upon to support the application;
(c) The change in the order which the Commission is requested to make;
(d) How the applicant's requested changes in the order will alter the outcome; and
(e) One or more of the grounds for rehearing or reconsideration set forth under section (3) of this rule.
(3) The Commission may grant an application for rehearing or reconsideration if the applicant shows that there is:
(a) New evidence which is essential to the decision and which was unavailable and not reasonably discoverable before issuance of the order;
(b) A change in the law or agency policy since the date the order was issued, relating to a matter essential to the decision;
(c) An error of law or fact in the order which is essential to the decision; or
(d) Good cause for further examination of a matter essential to the decision.
(4) Within 15 days from the date the application is filed, any party may file a reply setting forth its position on the application.
(5) Unless ordered by the Commission under OAR 860-014-0093, an order granting an application for rehearing or reconsideration shall not stay or postpone compliance with the original order.
(6) The application is deemed denied if, by the sixtieth day after filing, the Commission has not issued an order granting the application. If the application is granted, the Commission may adhere to, modify, or rescind its prior order or take such other action as it may deem appropriate.
Stat. Auth.: ORS 183, 756, 757 & 759
Stats. Implemented: ORS 756.040 & 756.500 - 756.575
Hist.: Adopted & ef. 3-10-13 (not filed with Secretary of State);
PUC 1, f. & ef. 8-16-39 (Order No. 6798); PUC 18, f. 1-21-55, ef.
9-1-54 (Order No. 33203); PUC 120, f. 10-26-62, ef. 11-15-62 (Order
No. 38811); PUC 135, f. 5-9-66, ef. 5-15-66 (Order No. 42332); PUC
148, f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC 155, f. 7-3-73,
ef. 7-15-73 (Order No. 73-436); Renumbered from 860-014-0085; PUC
1-1985, f. & ef. 2-1-85 (Order No. 85-075); PUC 15-1990, f. &
cert. ef. 8-17-90 (Order No. 90-1159); PUC 10-1994, f. & cert.
ef. 7-21-94 (Order No. 94-1127); PUC 15-1997, f. & cert. ef.
11-20-97
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