Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter L - EVIDENCE AND EXHIBITS IN CONTESTED CASES › Section 22.225 - Written Testimony and Accompanying Exhibits

Current through Reg. 49, No. 28; July 12, 2024
(a) Prefiling of testimony, exhibits, and
				  objections.
(1) Unless otherwise ordered by
				  the presiding officer upon a showing of good cause, the written direct and
				  rebuttal testimony and accompanying exhibits of each witness shall be prefiled.
				  Deposition testimony and responses to requests for information by an opposing
				  party that a party plans to introduce as part of its direct case shall be filed
				  at the time the party files its written direct testimony. The presiding officer
				  shall establish a date for filing of deposition testimony and requests for
				  information that an applicant plans to introduce as part of its direct
				  case.
(2) Deposition testimony and
				  responses to requests for information that a party plans to introduce in
				  support of its rebuttal case shall be filed at the time the party files its
				  written rebuttal testimony.
(3) A
				  party is not required to prefile documents it intends to use during
				  cross-examination except that the presiding officer may require parties to
				  identify documents that may be used during cross examination if it is necessary
				  for the orderly conduct of the hearing.
(4) Objections to prefiled direct testimony
				  and exhibits, including deposition testimony and responses to requests for
				  information, shall be filed on dates established by the presiding officer and
				  shall be ruled upon before or at the time the prefiled testimony and
				  accompanying exhibits are offered. Objections to prefiled rebuttal testimony
				  shall be filed according to the schedule ordered by the presiding
				  officer.
(5) Nothing in this
				  section shall preclude a party from using discovery responses in its direct or
				  rebuttal case even if such responses were not received prior to the applicable
				  deadline for prefiling written testimony and exhibits.
(6) The prefiled testimony schedule in a
				  major rate proceeding shall be established as set out in this subsection.
(A) Any utility filing an application to
				  change its rates in a major rate proceeding shall file the written testimony
				  and exhibits supporting its direct case on the same date that such statement of
				  intent to change its rates is filed with the commission. As set forth in §
												RSA
				  22.243<subdiv>(b)</subdiv> of
				  this title (relating to Rate Change Proceedings), the prefiled written
				  testimony and exhibits shall be included in the rate filing package filed with
				  the application.
(B) Other parties
				  in the proceeding shall prefile written testimony and exhibits according to the
				  schedule set forth by the presiding officer. Except for good cause shown or
				  upon agreement of the parties, the commission staff representing the public
				  interest may not be required to file earlier than seven days prior to
				  hearing.
(C) The presiding officer
				  shall establish dates for filing of rebuttal testimony.
(7) For electric and telecommunication rate
				  proceedings, the presiding officer shall establish a prefiled testimony
				  schedule for PURA chapter 36, subchapter D or chapter 53, subchapter D rate
				  cases and for cases other than major rate proceedings. In proceedings that are
				  not major rate proceedings, notice of intent proceedings, applications for
				  certificates of convenience and necessity for new generating plant, or
				  applications for fuel reconciliations, the applicant is not required to prefile
				  written testimony and exhibits at the time the filing is made unless otherwise
				  required by statute or rule.
(8)
				  For all water and sewer matters filed under TWC chapters 12 or 13, the
				  presiding officer shall establish a prefiled testimony schedule. The applicant
				  is not required to prefile written testimony and exhibits at the time the
				  filing is made unless otherwise required by statute or rule.
(9) Utilities filing an application for
				  construction of a transmission facility that has been designated by the
				  Electric Reliability Council of Texas (ERCOT) independent system operator as
				  critical to the reliability of the ERCOT system and to be considered on an
				  expedited basis, shall file written testimony and exhibits supporting its
				  direct case on the same date that the application is filed with the commission.
				  This requirement shall also apply to transmission lines located in other
				  reliability councils or administered by other independent system operators
				  provided such councils have a process for designation of critical transmission
				  lines.
(10) The times for prefiling
				  set out in this section may be modified upon a showing of good cause.
(11) Late-filed testimony may be admitted
				  into evidence if the testimony is necessary for a full disclosure of the facts
				  and admission of the testimony into evidence would not be unduly prejudicial to
				  the legal rights of any party. A party that intends to offer late-filed
				  testimony into evidence shall, at the earliest opportunity, inform the
				  presiding officer, who shall establish reasonable procedures and deadlines
				  regarding such testimony.