Or. Admin. R. 860-001-0300

Current through Register Vol. 63, No. 8, August 1, 2024

Section 860-001-0300 - Practice Before the Commission

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.

(3) Staff and parties named in the pleading initiating Commission action are original parties and need not petition to intervene. All original parties must provide the Commission with the names and contact information, including telephone number, physical address, and electronic mail address, of the party representatives to be included on the service list.

(4) Any person may file a petition to intervene in declaratory ruling proceedings before the Commission. In addition to the requirements in section (2) of this rule, the petition to intervene must also state whether the intervenor accepts:

(a) The statement of facts as set forth in and for the purposes of the petition for declaratory ruling; and

(b) The statement of the questions presented in the petition for declaratory ruling.

(5) A party may object to a petition to intervene. Objections must be filed within 10 days of the filing of the petition to intervene unless otherwise directed by an ALJ. The petitioner may file a reply to an objection within 7 days of the filing of the objection.

(6) If the Commission or ALJ finds the petitioner has sufficient interest in the proceedings and the petitioner's appearance and participation will not unreasonably broaden the issues, burden the record, or delay the proceedings, then the Commission or ALJ must grant the petition. The Commission or ALJ may impose appropriate conditions upon any intervenor's participation in the proceedings, such as restricted access to confidential information. The ALJ may rule on a petition to intervene at a prehearing conference.

(7) A person may ask to be listed as an "interested person" in a particular proceeding. An interested person receives electronic mail notifications of filings made and documents issued by the Commission or ALJ in that particular proceeding. An interested person is not a party to the proceeding, and is not entitled to file pleadings, present evidence for the record, conduct cross-examination of witnesses, become a signatory to a protective order, or file briefs.

Or. Admin. R. 860-001-0300

PUC 5-2010, f. & cert. ef. 10-22-10

PUC 1-2015, f. & cert. ef. 3/3/2015

Stat. Auth.: ORS 756.040 & 756.060

Stats. Implemented: ORS 183.417, 756.040 & 756.500 - 756.575