Rule 515-2-1-.14 - Open Hearing Process(1) As used in this Rule, the term: (a) "Commissioner Advisory Staff" means the staff members assigned to serve in a non-Party advisory capacity in a particular proceeding.(b) "Party" means a party to a Proceeding pending before the Commission, including any officers, directors, managers, or employees of the party; a representative or agent of a party to a proceeding pending before the Commission; the consumer's utility counsel division; the Public Interest Advocacy Staff; and any person knowingly acting on behalf of or in concert with a party to a proceeding.(c) "Proceeding" means a contested case as that term is defined in O.C.G.A. 50-13-2(2).(d) "Public Interest Advocacy Staff" means the staff members assigned to participate in a particular proceeding as a Party.(e) "Emergency Situation" means a situation in which the public health, welfare or safety are jeopardized due to the utility's inability to safely and reliably provide public utility services to Georgia customers.(f) "As soon as possible after the communication" means as soon as physically practicable, but not later than two (2) business days after the date of the ex parte communication.(2) Proceedings before the Commission shall be open and transparent to all Parties and to the public. Except for any trade secret information provided pursuant to Commission Rule 515-3-1-.11 or any other statute or rule regarding trade secret filings with the Commission, all communications, directly or indirectly, between a Party and the Commission, an individual Commissioner, a Commission hearing officer, or a member of the Commissioner Advisory Staff relating to a Proceeding shall be made in a public and open manner that allows all other Parties the opportunity to respond to such communication or information. Copies of all written or electronic communications relating to a Proceeding shall be contemporaneously filed with the Executive Secretary and served on all Parties. All oral communications relating to a Proceeding shall be made at a properly noticed meeting, hearing, or workshop of the Commission.(3) If, due to an emergency situation, a Party making a communication cannot comply with the notice requirements in subsection (2) of this rule, or if a Party inadvertently makes a communication in violation of this rule, the Party shall file with the Commission the information described below in subsection (4)(a) to (d), as well as a description of the emergency situation or an explanation of how the violation was inadvertent, as soon as possible after the communication.(4) If a member of the Commission, a Commission hearing officer, or a member of the Commissioner Advisory Staff receives or makes a communication in violation of this rule, he or she shall place the following on the record of the proceeding as soon as possible after the communication: (a) The substance of the communication;(b) All written or electronic documentation of the communication;(c) The identity of each person who participated in the communication; and(d) The date and time of the communication.(5) Nothing in this rule shall prohibit a member of the public who is not a Party to a Proceeding from communicating with the Commission or with an individual Commissioner relating to the Proceeding. Nothing in this rule shall prohibit a Party from providing any information relating to a Proceeding to the Commission, to an individual Commissioner, a Commission hearing officer, or to a member of the Commissioner Advisory Staff, provided that such information is provided openly pursuant to subsections (2) or (3) of this rule. Nothing in this rule shall prohibit a member of the Commission or a member of the Commissioner Advisory Staff from communicating with other members of the Commission and other members of the Commissioner Advisory Staff regarding a Proceeding pending before the Commission. Members of the Commissioner Advisory Staff shall not communicate regarding the Proceeding with any other Party including the Public Interest Advocacy Staff unless such communication is made openly utilizing the procedures set forth in subsection (3) of this rule. A "Chinese Wall" procedure shall be utilized to provide for independence between the Commissioner Advisory Staff and the Public Interest Advocacy Staff. The team leaders of the Commissioner Advisory Staff and the Public Interest Advocacy Staff shall not be in a career path reporting position to anyone on the other team. In those instances where a team member is in a career path reporting position to someone on the other team, only the team leader, not the career path manager, may direct the team member's participation or positions on the team.(6) This rule shall apply commencing immediately upon the conclusion of the hearings to receive testimony in the Proceeding and end the day after the official time for filing for reconsideration. Provided, however, that if a motion forreconsideration is made, the rule shall continue to apply until the Commission has rendered its final decision on such motion.(7) This Rule shall not apply to non-substantive inquiries about procedural and scheduling issues.(8) Penalties. Failure of a Party to abide by the Commission's rule prohibiting ex parte communications may result in reprimand or exclusion of the Party from the hearing pursuant to O.C.G.A. § 50-13-13(a)(6) and /or penalties under O.C.G.A. § 46-2-91.Ga. Comp. R. & Regs. R. 515-2-1-.14
O.C.G.A. Secs. 46-2-30, 46-2-51, 50-13-3.
Original Rule entitled "Open Hearing Process" adopted. F. Aug. 21, 2007; eff. Sept. 10, 2007.