reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0300 - Practice Before the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
Participation in Contested Case and Declaratory Ruling
				Proceedings; Intervention
(1) Under
			 ORS 774.180, the Citizens' Utility
			 Board has the right to intervene in any Commission proceedings by filing a
			 notice of intervention that includes the names and addresses of the
			 representatives to be included on the service list.
(2) Any other person may file a petition to
			 intervene in contested case proceedings before the Commission. A sample
			 petition to intervene forms may be obtained by contacting the Administrative
			 Hearings Division at puc.hearings@state.or.us or (503) 378-6678. The petition
			 to intervene must contain the following information:
(a) The petitioner's name and contact
			 information, including telephone number, physical address, and electronic mail
			 address;
(b) The name and contact
			 information of the petitioner's attorney or authorized representative,
			 including telephone number, physical address, and electronic mail address;
(c) If the petitioner is an
			 organization, the number of members in and the purpose of the organization;
(d) The nature and extent of the
			 petitioner's interest in the proceedings;
(e) The issues petitioner intends to raise at
			 the proceedings; and
(f) Any
			 special knowledge or expertise of the petitioner that would assist the
			 Commission in resolving the issues in the proceedings.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0310 - Representation and Ethical Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All persons appearing in proceedings in a representative capacity must conform
			 to the standards of ethical conduct required of attorneys appearing before the
			 courts of Oregon. If a person does not conform to these standards, then the
			 Commission may decline to permit the person to appear in a representative
			 capacity in any proceedings.
(2)
			 Except for Staff, a party to contested case proceedings may be represented by
			 an authorized representative who is not an attorney.
(a) A party's initial pleading in the
			 proceedings must designate the party's authorized representative.
(b) The ALJ has authority to limit an
			 authorized representative's presentation of evidence, examination, and
			 cross-examination of witnesses, or presentation of factual arguments to ensure
			 the orderly and timely development of the hearing record. The ALJ may not allow
			 an authorized representative who is not an attorney to present legal argument
			 except to the extent authorized in ORS
			 183.457.
(c) Changes to the designation of authorized
			 representative must be made by written notice to the Filing Center.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0320 - Appearance of Attorneys; Pro Hac Vice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To make legal arguments or sign legal
			 documents in Commission proceedings, an attorney must be in good standing with
			 the Oregon State Bar or appear pro hac vice.
(2) A motion to appear pro hac vice before
			 the Commission must contain the following:
(a)
			 A certificate of compliance for pro hac vice admission, available on the Oregon
			 State Bar website, which includes most of the Uniform Trial Court Rule (UTCR)
			 3.170(1)
			 requirements;
(b) A certificate of
			 good standing from the bar association in the jurisdiction in which the
			 attorney regularly practices; and
(c) If the attorney's appearance before the
			 Commission constitutes the private practice of law under ORS
			 9.160 and related statutes, a
			 certificate of insurance covering the attorney's activities in this state and
			 providing professional liability insurance substantially equivalent to the
			 Oregon State Bar Professional Liability Fund Plan.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0330 - Former Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 former Commission employee may not appear on behalf of other parties in
			 contested case or declaratory ruling proceedings in which the former employee
			 took an active part on the Commission's behalf.
(2) Except with the Commission's written
			 permission, a former Commission employee may not appear as a witness on behalf
			 of other parties in contested case proceedings in which the former employee
			 took an active part on the Commission's behalf.
(3) Except with the Commission's written
			 permission, a former employee of a party may not appear as a witness on behalf
			 of the Commission in contested case proceedings in which the person took an
			 active part on the party's behalf. Prior to giving its written permission to
			 the person, the Commission must notify the affected party and all other parties
			 to the proceedings, and allow the affected party an opportunity to object to
			 the Commission granting permission to the person. Other parties to the
			 proceedings may respond to the affected party's objection, if any.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  183.457 -
				  183.458,
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0340 - Ex Parte Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Ex
			 parte communications are discouraged and, if made, must be disclosed to ensure
			 an open and impartial decision-making process.
(2) Except as provided in this rule, an ex
			 parte communication is any oral or written communication that:
(a) Is made by a person directly to a
			 Commissioner or presiding ALJ outside the presence of any or all parties of
			 record in pending contested case or declaratory ruling proceedings;
(b) Is made without notice to or an
			 opportunity for rebuttal by all parties; and
(c) Relates to the merits of an issue in the
			 proceedings.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0350 - Settlements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all
			 Commission contested case proceedings, some or all of the parties may enter
			 into a settlement of any or all issues at any time during the proceedings.
(2) A settlement discussion is any
			 communication between two or more parties for the purpose of resolving issues
			 pending in contested case proceedings. Examples of communications not
			 constituting settlement discussions for purposes of this rule include
			 communications primarily for the purpose of discovery and communications
			 occurring before initiation of docketed proceedings.
(3) Without the written consent of all
			 parties, any statement, admission, or offer of settlement made during
			 settlement discussions is not admissible in any Commission proceedings, unless
			 independently discoverable or offered for other purposes allowed under ORS
			 40.190.
(4) Parties may agree in writing that the
			 information exchanged exclusively within the context of any settlement
			 discussion is confidential.
(5)
			 Subject to the signing of an applicable confidentiality agreement, all parties
			 may attend a meeting in which Staff participates to discuss settlement. Staff
			 must provide to all parties to the proceedings reasonable prior notice of any
			 settlement meeting in which Staff intends to participate. The notice must
			 include the time and place of the settlement meeting, the party or parties
			 involved, and the issues to be discussed. Once Staff has given notice of a
			 settlement meeting involving a particular issue, additional notice of
			 continuing settlement meetings involving the same issue need only be provided
			 to parties attending the initial meeting or parties who request continuing
			 notice. Persons who are not associated with a party may not attend a settlement
			 meeting without the consent of all participating parties.
(6) For purposes of ORS
			 192.502(4), the
			 Commission obligates itself to protect from disclosure any document submitted
			 in confidence during settlement discussions.
(7) Settlements must be memorialized in a
			 written stipulation signed by the settling parties and filed for review by the
			 Commission. With the stipulation, the parties must file:
(a) An explanatory brief or written testimony
			 in support of the stipulation, unless waived by the Commission or ALJ; and
(b) A motion to offer the
			 stipulation and any testimony as evidence in the proceeding, together with
			 witness affidavits in support of the testimony.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0360 - Case Management Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This case management conference rule
			 applies to complaints filed pursuant to ORS
			 756.500 or OAR 860-029-0100, or OAR 860-082-0085, or a petition for declaratory ruling
			 filed pursuant to ORS
			 756.450.
			 These provisions supplement the generally applicable filing and contested case
			 procedures contained in OAR chapter 860, division 001 and in division
			 029.
(2) Within 14 business days of
			 the filing of a complaint or petition for declaratory ruling, or 10 business
			 days after the answer is filed, whichever date is later, the Administrative Law
			 Judge shall hold a case management conference.
(3) The purpose of the case management
			 conference will be to facilitate the orderly and efficient resolution of the
			 case and to discourage wasteful activities.
(4) At the case management conference, the
			 parties will:
(a) Make good faith efforts to
			 identify the legal and factual issues in dispute in the case; and
(b) Establish a schedule for the docket,
			 including dates for testimony, discovery, briefing, submission of exhibits and
			 hearing.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0390 - General

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission treats pleadings and motions differently.
(1) Pleadings are used to address
			 formal requests to initiate a proceeding or for Commission authorization. There
			 are two types of pleadings.
(a) Initiating
			 pleadings include applications, petitions, and complaints.
(b) Responsive pleadings include answers,
			 protests, responses, and replies.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0400 - Pleadings Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 pleadings must be signed by the person filing the pleading or an authorized
			 representative. By signing a pleading, the signatory makes the certification in
			 ORCP 17C. For electronic filings, a person may use any identifier that is
			 adopted by the person with the intent to authenticate a document (for example,
			 "/s/John Doe").
(2) Applications,
			 petitions, complaints, and other initiating pleadings must include:
(a) The filer's name and contact information,
			 including telephone number, physical address, and electronic mail address;
(b) The name and contact
			 information, including telephone number, physical address, and electronic mail
			 address of any other party named in the filing;
(c) A clear and concise statement of the
			 authorization, action, or relief sought;
(d) Appropriate references to the statutory
			 provision or other authority under which the filing is made; and
(e) Other information as required by the
			 Commission's rules.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0410 - Default upon Failure to Answer Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a party fails to answer a complaint or
			 otherwise appear within the time periods specified in OAR 860-001-0400, then
			 the party is deemed in default. All material allegations of the complaint are
			 deemed admitted, and the hearing is waived. The proceedings may be disposed of
			 without further notice to the defaulting party.
(2) A defaulting party may file an
			 application for reconsideration of a Commission order of default under OAR
			 860-001-0720. The Commission may grant the application for reconsideration if
			 the moving party shows the default resulted from mistake, inadvertence,
			 surprise, excusable neglect, or other good cause.
(3) An application made under this rule must
			 be accompanied by a pleading or motion that contains an assertion of a claim or
			 a defense.
(4) The filing of an
			 application under this rule does not excuse the defaulted party from complying
			 with the order and the enforcement of the order is neither stayed nor postponed
			 except upon Commission order.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0420 - Motions, Responses, and Replies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A motion must be made in writing unless
			 otherwise allowed by the Commission or ALJ.
(2) Before filing a procedural motion, the
			 moving party must make a good faith effort to confer with other parties to seek
			 agreement about the subject of the motion. A procedural motion must describe
			 the effort to confer and the result of the effort.
(3) A motion against an initiating or
			 responsive pleading under OAR 860-001-0400  must be filed within 10 days after
			 the pleading is filed.
(4) A party
			 may file a response to a motion. A response to a substantive motion must be
			 filed within 15 days of filing of the motion. A response to a procedural motion
			 must be filed within 7 days of filing of the motion.
(5) The moving party may file a reply to a
			 response to a substantive motion within 7 days of filing of the response. The
			 moving party is not permitted to file a reply to a response to a procedural
			 motion unless permitted by the ALJ.
(6) If expedited consideration of a motion is
			 requested, the moving party must:
(a) Certify
			 that the moving party has attempted to contact the other parties to the
			 proceedings to discuss the motion and state whether the parties support the
			 motion;
(b) Identify the request
			 for expedited consideration in the document caption; and
(c) Include a request to shorten the time for
			 responses and, if applicable, replies.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0430 - Petition for Declaratory Ruling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition for a declaratory ruling under
			 ORS 756.450 must contain:
(a) The rule or statute that may apply to the
			 person, property, or facts;
(b) A
			 detailed statement of the relevant or assumed facts, including sufficient facts
			 to show petitioner's interest;
(c)
			 All propositions of law or arguments asserted by petitioner;
(d) The questions presented;
(e) The specific relief requested;
			 and
(f) The name and contact
			 information, including telephone number, physical address, and electronic mail
			 address of petitioner and of any other person known by petitioner to have legal
			 rights, duties, or privileges that will be affected by the request.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0450 - Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Relevant
			 evidence:
(a) Means evidence tending to make
			 the existence of any fact at issue in the proceedings 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 undue delay.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0460 - Official Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission or ALJ may take official notice of the following:
(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) Permits,
			 certificates, and licenses issued by the Commission;
(d) Documents and records in the files of the
			 Commission that have been made a part of the files in the regular course of
			 performing the Commission's duties;
(e) General, technical, or scientific facts
			 within the specialized knowledge of the agency;
(f) The results of the Commission's or ALJ's
			 inspection of property at issue in the proceedings if advance notice of the
			 inspection was provided to the parties.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0470 - Resolutions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Properly
			 authenticated resolutions of governing bodies of government, business,
			 agricultural, or civic organizations may 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
			 adoption.
(3) Recitals of fact
			 contained in resolutions are not proof of the facts. The Commission or ALJ may
			 receive a resolution for the limited purpose of showing the official action of
			 the resolving body to the extent relevant in the proceedings.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0490 - Records in Other Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
If a party offers in evidence all or part of the record from
				another Commission proceeding, then the party must provide a copy of the
				offered record to the ALJ and copies to other parties upon
				request.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  183.450,
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0510 - Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A subpoena may
			 be issued by an attorney of record for a party and subscribed by the signature
			 of the attorney.
(2) Parties not
			 represented by an attorney may request the issuance of a subpoena by the ALJ.
			 The request must be in writing and identify the general relevance and
			 reasonable scope of the testimonial, documentary, or physical evidence
			 sought.
(3) Requests for subpoenas
			 duces tecum must specify a particular document or part of a document to be
			 produced.
(4) Parties must serve
			 subpoenas as provided in the circuit courts of the State of Oregon under the
			 ORCP.
Stat. Auth.:ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.543
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0520 - Depositions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The testimony
			 of a witness may be taken by deposition at any time before the record in a
			 docket is closed.
(2) A party
			 proposing to take a deposition must notify all other parties in writing. Unless
			 notice is waived, a party must provide 10 days' notice to the parties of a
			 deposition to be taken within the state and 15 days' notice for a deposition to
			 be taken out of state. The notice must state the witness's name and address,
			 the subject matter of the deposition, the time and place for taking the
			 deposition, the method by which the deposition will be recorded, any materials
			 to be produced at the deposition, and the reason for the deposition.
(3) Deposition testimony must be taken under
			 oath before a court reporter and must be transcribed or recorded. The court
			 reporter must certify that the witness was sworn in the court reporter's
			 presence and that the transcript is a true record of the testimony or a correct
			 transcription of a recording.
(4) A
			 party may examine a deponent on any matter not privileged that appears
			 reasonably calculated to lead to the discovery of relevant evidence.
(5) Unless received in evidence by the
			 Commission or ALJ, no portion of a deposition is a part of the record in the
			 docket. A party may object to receiving in evidence any portion of a
			 deposition. Upon request, the deposing party must provide the Commission or ALJ
			 a transcribed copy of the deposition.
(6) The deposing party must pay the deponent
			 and the court reporter the same fees as are paid for like services in the
			 courts of the state where the deposition is taken.
(7) A party may request that an ALJ attend a
			 deposition to address any objections. A party may also request that an ALJ put
			 appropriate conditions or limitations on a deposition.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  183.450,
				  756.040 &
				  756.538
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0530 - Admissions

Current through Register Vol. 63, No. 7, July 1, 2024
A party may serve a request for admission on any other party
				under ORCP 45. Responses to each request must be served within 7 days of
				receipt. Requests not denied within 7 days are deemed
				admitted.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORCP 45, ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0540 - Data Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 party may submit data requests to any other party, subject to the discovery
			 rules in the ORCP. Data requests are written interrogatories or requests for
			 production of documents. Data requests must be answered within 14 days from the
			 date of service. Each data request must be answered fully and separately in
			 writing or by production of documents, or objected to in writing.
(2) A party submitting a data request must
			 serve the request on all parties to the proceedings. For nonconfidential
			 requests, service may be made by electronic mail or by electronic mail
			 notification of upload to a designated shared workspace for data requests and
			 responses. If the request contains confidential information, then the
			 submitting party must serve a complete copy on all parties eligible to receive
			 confidential information under the terms of a protective order and a redacted
			 copy to all other parties. The complete confidential copy must be served using
			 means identified in the protective order. Nonconfidential data requests and
			 responses submitted to the Staff of the Commission must be sent to
			 PUC.Datarequest@state.or.us. If a designated shared workspace is being used for
			 data requests and responses, the notification of uploaded data requests and
			 responses must be sent to PUC.Datarequest@state.or.us.
(3) The party answering the data request must
			 provide a response or an electronic mail notification of upload to a designated
			 shared workspace to the submitting party and all other parties that filed a
			 written request for a copy of the response. A party must agree to be bound by
			 the applicable protective order to be eligible to receive a response containing
			 confidential information.
(4) A
			 party may offer into evidence data requests and the answers to the data
			 requests. Any objection to substance or form of a data request or answer must
			 be attached to the submitted data request or answer with specific reference and
			 grounds. Every remedy available to a party using deposition procedures is
			 available to a party using data requests.
(5) Except when requested by the Commission
			 or ALJ, or when seeking resolution of a discovery dispute under these rules,
			 data requests are not filed with the Filing Center or provided to the ALJ.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0550 - Joint Hearings with other Entities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In proceedings in which the Commission
			 participates jointly with a federal regulatory agency, the federal agency's
			 rules of practice and procedure govern.
(2) In proceedings in which the Commission
			 participates jointly with an administrative body of another state, the rules of
			 procedure of the state where the hearing is held govern. Any person entitled to
			 appear in a representative capacity before any of the agencies involved in the
			 joint hearing may appear in the joint hearing.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0560 - Public Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
Except in cases of emergency, all Commissioners are required to
				participate in a decision of the Commission at a public meeting that proposes a
				major rate change for an electric or natural gas utility under ORS
				757.205. For purposes of this
				rule, a major rate change is an increase of two percent or more for any
				customer class.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  192.610 et seq.,
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0570 - Notice of Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission or ALJ sets the time and place for contested
				case hearings. Notice of a hearing must be served on all parties at least 10
				days before the hearing date. For good cause, the Commission may hold a hearing
				on less than 10 days' notice.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  183.413,
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0580 - Postponements and Continuances of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party may request a postponement of a
			 hearing. The party must provide the reason why postponement is necessary. The
			 Commission or ALJ may require oral requests for postponement of a hearing to be
			 made in writing.
(2) The Commission
			 or ALJ may postpone a hearing for good cause shown or on the Commission's or
			 the ALJ's own motion.
(3) The
			 Commission or ALJ may continue a hearing 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
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0590 - Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The ALJ may
			 schedule conferences to facilitate the resolution of contested case and
			 declaratory ruling proceedings.
(2)
			 The purposes of a conference may include:
(a)
			 Establishing a procedural schedule, including dates for discovery, testimony,
			 and exhibits;
(b) Identifying,
			 simplifying, and clarifying issues;
(c) Eliminating irrelevant or immaterial
			 issues;
(d) Facilitating discovery
			 and resolving disagreements about discovery;
(e) Obtaining stipulations, authenticating
			 documents, admitting documents into evidence, adopting witness and
			 cross-examination schedules, and deciding the order of presentation and other
			 procedural matters;
(f) Considering
			 other matters that may expedite the orderly conduct and disposition of the
			 proceedings; and
(g) Discussing
			 settlement or other resolution or partial resolution of the
			 proceedings.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0600 - Consolidation of Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
Proceedings may be consolidated for hearing at the discretion
				of the Commission or ALJ.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0610 - Failure to Appear

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 party fails to appear at a conference or hearing, then that party waives its
			 right to participate in the conference or hearing.
(2) Unless allowed by the Commission or ALJ,
			 the party that failed to appear may not reopen any matter decided at the
			 conference or hearing, or recall for further examination witnesses available at
			 the hearing and excused.
(3) Upon
			 motion by any party or upon the Commission's own motion, the Commission may
			 enter an order dismissing a party that failed to appear at a hearing from the
			 entire proceedings. The order must be served on the party dismissed. 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, then the
			 Commission or ALJ may reinstate the party.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0650 - Legal Argument

Current through Register Vol. 63, No. 7, July 1, 2024
Parties may request the opportunity to file briefs in any
				proceedings. The Commission or ALJ may require a party to file a brief, or to
				present oral arguments instead of or in addition to briefs.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0660 - Major Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
(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:
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0700 - Extension or Postponement of Date to Comply with Rules and Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 60 days
			 of the date of service of a Commission order, any party may file a petition for
			 extension or postponement of an effective date or of time to comply with the
			 order.
(2) The petition must
			 specify reasons for the requested extension or postponement.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0710 - Notice of Acceptance of Terms of Orders

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may require any utility or person 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 utility or person will
				comply with the order.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0720 - Rehearing or Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
(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 the order
			 as provided by ORS 756.561. The application must
			 identify all grounds for rehearing or reconsideration.
(2) The application must specify:
(a) The portion of the challenged order that
			 the applicant contends is erroneous or incomplete;
(b) The portion of the record, laws, rules,
			 or policy relied upon to support the application;
(c) The change in the order that the
			 Commission is requested to make;
(d) How the applicant's requested change in
			 the order will alter the outcome; and
(e) One or more of the grounds for rehearing
			 or reconsideration in section (3) of this rule.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0800 - Purpose Statement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of OAR 860-001-0800  through OAR 860-001-0900  is to provide guidance for
			 organizations seeking Justice Funding Grants, made available through ORS
			 757.072, to represent the
			 interests of low-income residential customers or the interests of environmental
			 justice communities in matters at the Oregon Public Utility
			 Commission.
(2) These rules
			 facilitate the administration and implementation of the Environmental Justice
			 Communities Funding Agreement.
(3)
			 Under the agreement, two funds are established for Justice Funding Grants, the
			 Pre-certification Fund and Case Fund. These funds are from the Participating
			 Public Utilities, and the grants under each fund are approved by the
			 Commission.
(4) The Commission may
			 delegate its authority set forth in OAR 860-001-0840, OAR 860-001-0850, OAR
			 860-001-0860, and OAR 860-001-0890. The delegate's decisions may be appealed to
			 the Commission.
Statutory/Other Authority: ORS
				  757.072
Statutes/Other Implemented: ORS
				  757.072
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0810 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 860-001-0800  through 860-001-0900:
(1) "Agreement" means the Environmental
			 Justice Communities Funding Agreement in Order No. 23-033 and found online at
			 https://apps.puc.state.or.us/orders/2023ords/23-033.pdf.
(2) "Case-certified Organization" means an
			 organization the Commission has designated as meeting the requirements of OAR
			 860-001-0840  and OAR 860-001-0860(6).
(3) "Case Fund" is a Participating Public
			 Utility fund that is available to a Case-certified organization to reimburse or
			 grant to fund activity in a specific Case-certified matter.
(4) "Eligible Expenses" are expenses for
			 which Eligible Recipients may request payment consistent with OAR
			 860-001-0870.
(5) "Eligible
			 Proceedings" are proceedings the Commission has determined meet the
			 requirements of OAR 860-001-0830.
(6) "Eligible Recipient" means an
			 organization that represents the interests of either low-income residential
			 customers or communities, or customers that are members of Environmental
			 Justice Communities as defined below. For the purposes of this rule, a
			 low-income community includes, but is not limited to, communities with limited
			 or insufficient financial means to cover basic needs and essential
			 services.
(7) "Environmental
			 Justice" means equal protection from environmental and health hazards and
			 meaningful public participation in decisions that affect the environment in
			 which people live, work, learn, practice spirituality and play.
(8) "Environmental Justice Community or
			 Communities" includes communities of color, communities experiencing lower
			 incomes, tribal communities, rural communities, coastal communities,
			 communities with limited infrastructure, and other communities traditionally
			 underrepresented in public processes and adversely harmed by environmental and
			 health hazards, including but not limited to seniors, youth, and persons with
			 disabilities;
(9) "Justice Funding
			 Grants" are grants from either a Pre-certification Fund or Case Fund made
			 subject to these rules.
(10)
			 "Participating Public Utility or Utilities" means any of the following
			 utilities: Northwest Natural Gas Company, dba NW Natural; PacifiCorp, dba
			 Pacific Power; Portland General Electric Company; Cascade Natural Gas
			 Corporation; Avista Corporation, dba Avista Utilities; and Idaho Power
			 Company.
(11) "Pre-certification
			 Fund" is a Participating Public Utility fund that is available to a
			 Pre-certified Organization to reimburse or grant to fund activity in an
			 Eligible Proceeding.
(12)
			 "Pre-certified Organization" means an organization that the Commission has
			 determined meets the eligibility criteria under ORS
			 757.072(2)(a)(B) and
			 (C) and the rules below.
Statutory/Other Authority: ORS
				  757.072
Statutes/Other Implemented: ORS
				  757.072
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0820 - Funding Amounts and Rollover

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The amounts to be made available annually for the Pre-certification Fund and
			 the Case Fund for each utility is set forth in the Agreement.
(2) A balance in any of the Justice Grant
			 Fund accounts that is unused in any year will be carried over at the end of the
			 calendar year and made available for use in succeeding years, except that the
			 amount rolled over to the next year may not exceed the amounts listed in
			 section (1) of this rule.
(3) Up to
			 70 percent of any balance remaining in any of the Pre-certified Funds after the
			 annual grants are approved may be used for Case Fund grants for that calendar
			 year after approval by the Commission of a request to reallocate these
			 funds.
Statutory/Other Authority: ORS
				  757.072
Statutes/Other Implemented: ORS
				  757.072
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0830 - Eligible Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Eligible Proceedings include proceedings before the Commission that affect a
			 Participating Public Utility, its customers and its Environmental Justice
			 Communities including, but not limited to, named, non-docketed Commission led
			 processes, rulemakings, contested cases, declaratory ruling proceedings,
			 contested case proceedings such as rate cases, integrated resource plans and
			 updates, distribution system planning, depreciation dockets, deferrals for
			 projects or pilots and design and implementation of differential rates, the
			 Energy Trust's budget and planning process, and power or purchased gas
			 adjustments; but they do not include complaint proceedings initiated or caused
			 to be initiated by the Grantee.
(2)
			 Justice Funding Grants will not be made available for proceedings involving
			 telecommunications utilities, water utilities, or wastewater utilities unless
			 the proceedings relate to one or more of the Participating Public
			 Utilities.
Statutory/Other Authority: ORS
				  757.072
Statutes/Other Implemented: ORS
				  757.072
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0840 - Justice Funding Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An organization meeting the following criteria may be certified by the
			 Commission to be eligible to receive Justice Funding Grants:
(a) The organization represents the interests
			 of low-income residential customers or Environmental Justice Communities, and
			 participation in proceedings will be primarily directed at public utility
			 issues affecting those interests, including but not limited to, interests in
			 utility rates and terms and conditions of service, interests in the cost of
			 access and impact from the delivery of services, interest in utility programs,
			 and interest in utility resource planning;
(b) The organization identifies the specific
			 Environmental Justice Community or low-income customers it represents and
			 demonstrates that it is able to effectively represent them;
(c) The organization demonstrates that it is
			 able to effectively represent or develop advocacy positions benefitting or
			 informed by the Environmental Justice Community or low-income customers, in the
			 service area of each Participating Public Utility for which funding is sought
			 and demonstrates how it will identify the issues or advocacy positions that are
			 important to those represented;
(d)
			 When applicable, the organization has demonstrated in past Commission matters
			 its ability to substantively contribute to the record on behalf of such
			 interests; and
(e) In contested
			 case proceedings, the organization demonstrates that its request for funding
			 will not unduly delay the schedule of the proceeding.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0850 - Pre-certification Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No more than
			 five eligible organizations will be Pre-certified each year.
(2) Pre-certified Organizations may request
			 an Advance from the Pre-certification accounts in the next year.
(3) Applications for Pre-certification for
			 the subsequent year must be filed no later than November 10 in docket UM
			 2276.
(4) Pre-certification
			 requests must include the following elements:
(a) A narrative on why the applicant meets
			 the eligibility criteria set forth in OAR 860-001-0840;
(b) The types of matters in which the
			 applicant intends to participate, the nature of that participation, and why
			 these types of matters are Eligible Proceedings;
(c) The Participating Public Utility account
			 or accounts from which the applicant seeks funds; and
(d) A budget showing estimated Eligible
			 Expenses.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0860 - Case Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants
			 seeking a Case Fund Grant must file a notice of intent and request for case
			 certification to request a Case Fund Grant when it files its petition to
			 intervene or notice of participation in the matter or, for matters that do not
			 involve a formal intervention, at such other time as the Commission
			 designates.
(2) The notice of
			 intent:
(a) Must identify why the applicant
			 meets the eligibility criteria listed in OAR 860-001-0840, explaining why the
			 matter is an Eligible Proceeding. In the alternative, the applicant may
			 identify any prior order deeming the organization an Eligible grantee and/or
			 deeming the proceeding a Justice Funding Grant Eligible Proceeding and granting
			 Case Certification;
(b) Must be
			 served on each affected Participating Public Utility, all Pre-certified
			 Organizations, and all parties of record in the proceeding;
(c) Must identify the Participating Public
			 Utility account or accounts from which the intervening party intends to request
			 a Case Fund Grant.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0870 - Eligible Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Eligible Expenses include:
(a) Actual attorney
			 and consultant fees, whether in-house or for outside services, directly
			 attributable to participation in the proceeding;
(b) Expert witness fees and
			 expenses;
(c) Apportioned wages for
			 in-house staff and operational support directly related to participation in the
			 proceeding;
(d) The cost of
			 investigations and of preparing and copying studies, data request responses and
			 other discovery materials, exhibits, testimony, briefs, and other filings in
			 the proceeding;
(e) Travel costs
			 directly related to participation in the proceeding;
(f) Costs of acquiring studies or supplies
			 directly related to the proceeding or court reporter fees and
			 transcripts;
(g) Costs for
			 education, organization, preparation for and facilitation of community members'
			 participation in proceedings or an individual community member's participation
			 in a proceeding;
(h) Costs of
			 participation in workshops and other informal Commission activities prior to
			 the institution of an Eligible Proceeding; and
(i) Cost of contractors and subcontractors
			 conducting activities that would otherwise constitute an eligible expense under
			 this definition had they been directly incurred by the Grantee.