Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 28 - POLE AND CONDUIT ATTACHMENTS › Section 860-028-0070 - Resolution of Disputes for Proposed New or Amended Contractual Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to a complaint alleging a violation of ORS
			 757.273,
			 757.276,
			 757.279,
			 757.282,
			 759.655,
			 759.660, or
			 759.665.
(2) In addition to the generally applicable
			 filing and contested case procedures contained in OAR chapter 860, division
			 001, the procedures set forth in this rule apply to a complaint that an
			 existing or proposed contract is unjust and unreasonable.
(3) The party filing a complaint under this
			 rule is the "complainant." The other party to the contract, against whom the
			 complaint is filed, is the "respondent."
(4) Before a complaint is filed with the
			 Commission, one party must request, in writing, negotiations for a new or
			 amended attachment agreement from the other party.
(5) Ninety (90) calendar days after one party
			 receives a request for negotiation from another party, either party may file
			 with the Commission for a proceeding under ORS
			 757.279 or
			 759.660.
(6) The complaint must contain each of the
			 following:
(a) Proof that a request for
			 negotiation was received at least 90 calendar days earlier. The complainant
			 must specify the attempts at negotiation or other methods of dispute resolution
			 undertaken since the date of receipt of the request and indicate that the
			 parties have been unable to resolve the dispute.
(b) A statement of the specific attachment
			 rates, terms and conditions that are claimed to be unjust or unreasonable.
(c) A description of the
			 complainant's position on the unresolved provisions.
(d) A proposed agreement addressing all
			 issues, including those on which the parties have reached agreement and those
			 that are in dispute.
(e) All
			 information available as of the date the complaint is filed with the Commission
			 that the complainant relied upon to support its claims:
(A) In cases in which the Commission's review
			 of a rate is required, the complaint must provide all data and information in
			 support of its allegations, in accordance with the administrative rules set
			 forth to evaluate the disputed rental rate.
(B) If the licensee is the party submitting
			 the complaint, the licensee must request the data and information required by
			 this rule from the owner. The owner must supply the licensee the information
			 required in this rule, as applicable, within 30 calendar days of the receipt of
			 the request. The licensee must submit this information with its complaint.
(C) If the owner does not provide
			 the data and information required by this rule after a request by the licensee,
			 the licensee must include a statement indicating the steps taken to obtain the
			 information from the owner, including the dates of all requests.
(D) No complaint by a licensee will be
			 dismissed because the owner has failed to provide the applicable data and
			 information required under paragraph (6)(e)(B) of this rule.