OAR 856-030-0010: Ratemaking — Petitions, Filing and Response

When the Board is petitioned to act under ORS 776.115(5), the following procedure shall be followed: (1) An interested person may petition the Board requesting a hearing. The petition is deemed filed when received by the Board at its office. Before the petition can be accepted as filed, the person must deposit $1,000 with the Board to defray the expenses of the hearing. Deposits are also required with petitions filed for other pilotage grounds as provided in subsection (3)(a) of this rule. (2) The petition must be in writing, signed by petitioner or petitioner's agent and containing a detailed statement of: (a) The action requested of the Board, with a detailed listing of all cost items and any requested changes in compensation and benefits; (b) Enough detailed facts to show petitioner's interest in the factors shown in ORS 776.115(5)(b) and in OAR 856-030-0000 if applicable; (c) The extent to which the parties have been able to narrow or simplify issues pursuant to OAR 856-030-0003 prior to the petition being filed. (d) The name and address of petitioner and of any other persons petitioner knows who may be interested in the proceeding; and a statement as to whether a copy of the petition has been served upon them. (3) Upon receipt of the petition, the Board will mail a true copy of the petition and a copy of any applicable rules of practice to all parties named in the petition unless they have been previously served by petitioner. The Board will include in its mailing those who the Board believes have interest in the proceeding, including pilots' groups and owner/operator associations on all pilotage grounds. The mailing will be by certified or registered mail and will be deemed served on the date of mailing to the last known address of the person being served: (a) The Board will advise all parties that they have 30 days to file with the Board and the petitioner a petition for another ground, a counter-petition or answer, or other applicable pleading or response. For good cause shown, the Board may extend the time for filing responses for a period not to exceed an additional 20 days. If representatives of pilotage grounds other than those of petitioner wish a rate change, they must file a petition or answer within the time period set by this; (b) The responses filed by interested parties, whether counter-petitions or responses, must address the factors in ORS 776.115(5)(b) and in OAR 856-030-0000 and all related issues raised in the petition. (4)(a) Effective December 1, 2020, within 45 days of the filing of a petition under this rule, the Board shall refer the matter to the Public Utility Commission for assignment of an administrative law judge to conduct the contested case hearing as required under ORS Chapter 776 and the rules adopted by the Board; (b) The hearings officer will set the hearing for a date and time most convenient to the parties concerned, but not later than 90 days after the filing of the petition. (5) Pre-hearing Conferences, Exhibits and Testimony: (a) In order to make a more effective use of hearing time in formal proceedings and to expedite the orderly conduct and disposition of the proceedings, the hearings officer shall arrange for conferences between the parties to consider: (A) Simplifying and clarifying the issues and eliminating irrelevant or immaterial issues; (B) Obtaining stipulations as to facts, authenticity of documents, admissibility of evidence, and other matters; (C) Such other aids to the orderly conduct and disposition of the proceeding as may be possible. (b) Conferences may be called before the hearing, or the hearing may be recessed for a conference. The presiding officer shall state on the record the results of such a conference; (c) Exhibits and testimony. The hearings officer shall require the parties to file proposed written testimony, witness lists, and proposed exhibits with the hearing officer and all other parties on a date before the date set for hearing, reserving rights of cross-examination. Any objections to the pre-filed testimony, witnesses, or proposed exhibits shall be resolved at the commencement of the hearing. (d) When a party fails to file any written testimony, witness list, or proposed exhibit for the rate hearing within the time specified by the hearings officer, the late filing may be accepted if the hearings officer determines that there was good cause for failure to file the document within the required time. “Good cause” for the purposes of this rule exists when the delay arises from an excusable mistake, surprise, excusable neglect, reasonable reliance on the statement of the agency or hearings officer relating to procedural requirements, or from fraud, misrepresentation, or other misconduct of a party participating in the proceeding. (6) Intervention. Any person with a material interest may by written petition seek permission to intervene in any proceeding before the Board. The petition shall contain: (a) The name and address of the party intervening and the party's attorney, if any; (b) Sufficient facts to show clearly the interest of the proposed intervention and how any action taken by the Board will affect that interest; (c) The position of the party in the proceeding. Intervention shall not broaden the issues in the proceeding nor shall intervention delay the hearing or unfairly prejudice the other parties.