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Tips on PUC Practice and Procedures
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Over the past several years, the number and types of cases the PUC hears has increased significantly. The PUC now has over thirty docket designations—half of which did not exist ten years ago.
This increase in the volume and complexity of cases has taxed the PUC’s resources, as well as those of the parties that appear before the agency. In an effort to assist the parties and the PUC in the resolution of disputes, the Administrative Hearings Division (AHD) offers the following tips and reminders on practice and procedure. The tips summarize some of the other information provided in these guidelines.
Agency Website. The agency’s website provides background information about the agency, pending cases, and a schedule of public meetings. In addition, the site has eDockets, a web-based program that allows the public to access, search, and download pertinent information relating to dockets and tariff filings. Among other things, it provides a docket/tariff search, utility company search, daily filings listings, and a hearings and events calendar. Commission orders are also available on the web.
Consumer Guides. The Commission has prepared a guide for consumers to explain the procedures for participating in consumer complaint proceedings against utilities. There is also a guide for persons who are defendants in cases involving the telecommunications access device for the deaf and hard of hearing program.
Service Lists. A party generally is allowed to place only two names on the service list, unless the Administrative Law Judge (ALJ) rules otherwise. Only two names from each party, interested person, or rulemaking participant will be placed on a service list. Only parties that waive paper service under OAR 860-013-0070(4) may list more than two names on a service list. The purpose of this rule is to reduce costs and inconvenience to all parties, so permission for additional names will be sparingly given. See the section below on Parties, Interested Persons, and Service Lists.
Caution Regarding E-Mail Addresses on Service Lists. Our service lists are placed on the Internet. Thus, a party’s e-mail address, if on the service list, will be on the Internet and available to the general public. Note: AHD does not maintain e-mail lists separately from the service lists.
Filing Documents. All documents filed with the PUC in connection with a docketed case must be filed with the Commission's Filing Center. See OAR 860-011-0010(1). This is a change from past practice.
Discovery. Parties may use a variety of methods to obtain discovery of material that bear upon, or reasonably could lead to matters that bear upon, any issue in the proceeding. Parties should make every effort to engage in cooperative informal discovery and to resolve disputes themselves. Discovery should be commensurate with the needs of the case, the resources available to the parties, and the importance of the issues to which the discovery relates. The Commission will disallow discovery that is unreasonably cumulative, duplicative or overly broad, or unlikely to lead to the production of relevant evidence. More details are provided below in the section on Discovery Guidelines.
Confidential Material and Protective Orders. Parties may seek to protect trade secrets and other confidential commercial information from disclosure by requesting a protective order pursuant to OAR 860-012-0035(1)(k). Any material submitted to the agency or ALJ as confidential must be on yellow paper for ease of identification. It must be filed in a sealed envelope marked pursuant to the protective order. When a party signs a "consent to be bound" by a standard protective order, the party must submit a list of persons associated with that party whom the party wishes to be considered "qualified persons" to review confidential material. Confidential documents incorrectly filed will be returned for refiling in the proper format. See the section below on Protective Orders and Confidential Information.
Testimony/Stipulations. Before being received at hearing, all testimony must be sworn to either orally or in writing. See OAR 860-014-0060. Because cross-examination of witnesses is frequently waived, parties should include, with all pre-filed testimony, an affidavit for each witness stating that the testimony filed is true and accurate. See also the section below on Methods Of Marking Exhibits and Docket Captions.
Hearings. Show proper respect for the agency and opposing counsel. The use of disparaging remarks or gestures directed at opposing counsel and/or witnesses will only distract the agency from the points you need to make and will usually invite (or escalate) a counter-attack. Speak clearly and audibly. The PUC’s main hearing room has poor acoustics. Use the microphone so the ALJ, other parties, and the court reporter can accurately hear you. Be civil and courteous.
Briefs. To be consistent with the meaning of the term, no brief should exceed 50 pages, unless the presiding ALJ grants permission otherwise. When referring to evidence in briefs, parties shall make appropriate references to the transcript or exhibit. When stating a legal proposition, parties shall cite appropriate authority.
Other Guidelines. Many other rules or guidelines govern PUC proceedings. They may be found in OAR 860, Chapters 11-16; the Oregon Administrative Procedures Act (ORS Chapter 183); and in several statutes directly relating to the PUC, especially ORS Chapter 756. Moreover, under OAR 860-011-0000(3), the Oregon Rules of Civil Procedure govern PUC proceedings where no specific rule or statutes applies, unless the Commission or ALJ rules otherwise.
Contact Information. For additional information, contact:
Administrative Hearings Division
Mailing Address: PO Box 2148, Salem OR 97308-2148
(503) 378-6678 (voice)
(503) 378-6163 (facsimile)
cheryl.walker@state.or.us
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