Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 82 - SMALL GENERATOR INTERCONNECTION RULES › Section 860-082-0085 - Complaints for Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule specifies the procedure for a public utility, an interconnection customer,
			 or an applicant to file a complaint for the enforcement of an interconnection
			 agreement. Filing dates for enforcement complaint proceedings are calculated
			 and enforced per OAR 860-001-0150.
(2) At least 10 days prior to filing a
			 complaint for enforcement, complainant must give written notice to defendant
			 and the Commission that complainant intends to file a complaint for
			 enforcement. The notice must identify the provisions in the agreement that
			 complainant alleges were or are being violated and the specific acts or failure
			 to act that caused or are causing the violation, and whether complainant
			 anticipates requesting temporary or injunctive relief. On the same day the
			 notice is filed with the Commission, complainant must serve a copy of the
			 notice on defendant's authorized representative, attorney of record, or
			 designated agent for service of process. Complainant must also serve the notice
			 on all persons designated in the interconnection agreement to receive notices;
(3) A complaint for enforcement
			 must:
(a) Contain a statement of specific
			 facts demonstrating that the complainant conferred with defendant in good faith
			 to resolve the dispute, and that despite those efforts the parties failed to
			 resolve the dispute;
(b) Include a
			 copy of the written notice, required by section (2), indicating that the
			 complainant intends to file a complaint for enforcement;
(c) Include a copy of the interconnection
			 agreement or the portion of the agreement that the complainant contends that
			 defendant violated or is violating. If a copy of the entire agreement is
			 provided, complainant must specify the provisions at issue;
(d) Contain a statement of the facts or law
			 demonstrating defendant's failure to comply with the interconnection agreement
			 and complainant's entitlement to relief. The statement must indicate that the
			 remedy sought is consistent with the dispute resolution provisions in the
			 agreement, if any. Statements of facts must be supported by written testimony
			 with affidavits made by persons competent to testify and having personal
			 knowledge of the relevant facts. Statements of law must be supported by
			 appropriate citations. If exhibits are attached to the affidavits, the
			 affidavits must contain the foundation for the exhibits;
(e) Designate up to three persons to receive
			 copies of pleadings and documents;
(f) Include an executive summary, filed as a
			 separate document not to exceed 8 pages, outlining the issues and relief
			 requested; and
(g) Include any
			 motions for affirmative relief, filed as a separate document and clearly
			 marked. Nothing in this subsection precludes complainant from filing a motion
			 subsequent to the filing of the complaint if the motion is based upon facts or
			 circumstances unknown or unavailable to complainant at the time the complaint
			 was filed.