California Code of Regulations › Title 20 - Public Utilities and Energy › Division 1 - Public Utilities Commission › Chapter 1 - Rules of Practice and Procedure › Article 12 - Settlements › Section 12.1 - (Rule 12.1) Proposal of Settlements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parties may, by written motion any time
				  after the first prehearing conference and within 30 days after the last day of
				  hearing, propose settlements on the resolution of any material issue of law or
				  fact or on a mutually agreeable outcome to the proceeding. Settlements need not
				  be joined by all parties; however, settlements in applications must be signed
				  by the applicant and, in complaints, by the complainant and defendant.
The motion shall contain a statement of the factual and
					 legal considerations adequate to advise the Commission of the terms of the
					 settlement, including any separate agreements between the settling parties that
					 relate to issues in the proposed settlement but are not disclosed in the
					 settlement (e.g., if a party agrees to a proposed settlement as a condition for
					 receiving a benefit not expressed in the proposed settlement's terms), and of
					 the grounds on which adoption is urged. Resolution shall be limited to the
					 issues in that proceeding and shall not extend to substantive issues which may
					 come before the Commission in other or future proceedings.
When a settlement pertains to a proceeding under a Rate
					 Case Plan or other proceeding in which a comparison exhibit would ordinarily be
					 filed, the motion must be supported by a comparison exhibit indicating the
					 impact of the settlement in relation to the utility's application and, if the
					 participating staff supports the settlement, in relation to the issues staff
					 contested, or would have contested, in a hearing.
(b) Prior to signing any settlement, the
				  settling parties shall convene at least one conference with notice and
				  opportunity to participate provided to all parties for the purpose of
				  discussing settlements in the proceeding. Notice of the date, time, and place
				  shall be served on all parties at least seven (7) days in advance of the
				  conference, unless all parties stipulate to reduce the time or waive the need
				  for service. Notice of any subsequent settlement conferences may be oral, may
				  occur less than seven days in advance, and may be limited to prior conference
				  attendees and those parties specifically requesting notice.
Attendance at any settlement conference shall be limited to
					 the parties and their representatives.
(c) Settlements should ordinarily not include
				  deadlines for Commission approval; however, in the rare case where delay beyond
				  a certain date would invalidate the basis for the proposal, the timing urgency
				  must be clearly stated and fully justified in the motion.
(d) The Commission will not approve
				  settlements, whether contested or uncontested, unless the settlement is
				  reasonable in light of the whole record, consistent with law, and in the public
				  interest. The Commission may reject any proposed settlement for failure to
				  disclose the information required pursuant to subsection (a) of this
				  rule.
1. New
					 article 12 heading and renumbering of former section
					 51.1 to new section
					 12.1, including amendment of
					 section heading and section filed 9-13-2006; operative 9-13-2006 pursuant to
					 Government Code section
					 11351(a)
					 (Register 2006, No. 37).
2. Amendment of subsection (b) filed
					 1-30-2018; operative 4-1-2018. Submitted to OAL for limited review pursuant to
					 Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2018, No. 5).
3. Amendment of subsections (a) and (d)
					 filed 3-15-2021; operative 5-1-2021 pursuant to Government Code section
					 11343.4(b)(3).
					 Submitted to OAL for limited review pursuant to Government Code section
					 11351 and
					 Public Utilities Code section
					 311(h)
					 (Register 2021, No. 12).
Note: Authority cited: Section
						1701,
						Public Utilities Code. Reference: Section
						1701,
						Public Utilities Code.