Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.18 - Settlements

Current through Register Vol. 47, No. 3, July 24, 2024
Parties to a contested case may propose to settle all or some
				of the issues in the case. The commission or presiding officer 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. Commission adoption of a settlement constitutes the final decision of
				the commission on issues addressed in the settlement.
(1)
Proposal of settlements.
Two or more parties may by written motion propose settlements for adoption by
			 the commission or presiding officer. The motion shall contain a statement
			 adequate to advise the commission or presiding officer and parties not
			 expressly joining the proposal of its scope and of the grounds on which
			 adoption is urged. Parties may propose a settlement for adoption by the
			 commission or presiding officer at any time.
(2)
Conference.
After
			 proposal of a settlement that is not supported by all parties, and prior to
			 approval, the settling parties shall convene at least one conference with
			 notice and opportunity to participate provided to all parties for the purpose
			 of discussing the settlement proposal. Written notice of the date, time, and
			 place shall be furnished at least seven days in advance to all parties to the
			 proceeding. Attendance at any settlement conference shall be limited to the
			 parties to a proceeding and their representatives. A party that has been given
			 notice and opportunity to participate in the conference and does not do so
			 shall be deemed to have waived its right to contest a proposed settlement,
			 unless good cause is shown for the failure to participate.
(3)
Comment period.
When a
			 party to a proceeding does not join in a settlement proposed for adoption by
			 the commission or presiding officer, the party may file comments contesting all
			 or part of the settlement with the commission. Unless otherwise ordered by the
			 commission or presiding officer, the party shall file its comments within 14
			 days of filing of the motion proposing settlement, and shall serve such
			 comments on all parties to the proceeding at the time of filing. Unless
			 otherwise ordered by the commission or presiding officer, parties shall file
			 reply comments within 7 days of filing of the comments.
(4)
Contents of comments.
A
			 party contesting a proposed settlement must specify in its comments the
			 portions of the settlement that it opposes, the legal basis of its opposition,
			 and the factual issues that it contests. Any failure by a party to file
			 comments may, at the commission's or presiding officer's discretion, constitute
			 waiver by that party of all objections to the settlement.
(5)
Contested settlements.
If the proposed settlement is contested, in whole or in part, on any material
			 issue of fact by any party, the commission or presiding officer may schedule a
			 hearing on the contested issue(s). The commission or presiding officer may
			 decline to schedule a hearing where the contested issue of fact is not material
			 or where the contested issue is one of law.
(6)
Unanimous proposed settlement.
In
			 proceedings where all parties join in the proposed settlement, parties may
			 propose a settlement for adoption by the commission or presiding officer any
			 time after docketing. Subrules 7.18(2) through 7.18(5) shall not apply to a
			 proposed settlement filed concurrently by all parties to the proceeding.
			 Settlements in general rate case proceedings shall comply with rule
			 199-26.3 (17A,476).
(7)
Inadmissibility.
Any discussion, admission, concession, or
			 offer to settle, whether oral or written, made during any negotiation on a
			 settlement shall be privileged to the extent provided by law, including, but
			 not limited to, Iowa R. Evid. 5.408.