OAR 860-001-0205: Information Requests in Resource Planning and Competitive Bidding

(1) This rule applies to proceedings before the Commission that concern the review of an Integrated Resource Plan (IRP), an IRP Update and a Clean Energy Plan as those terms are defined in OAR 860-090-0020, and a resource acquisition that is subject to the Commission’s competitive bidding rules in OAR Chapter 860, Division 89. (2) For purposes of this rule, “energy utility” has the same meaning as provided in OAR 860-090-0020. (3) Any person who meets the requirements of this rule may request information that is commensurate with the need to provide relevant comment on a pending filing subject to this rule, and that is also commensurate with the resources available to the requester and the recipient and the importance of the issues to which the request relates. (a) To request information under this section, a person, other than the energy utility that made the filing initiating a proceeding under this rule, must first intervene as a party in the proceeding for limited procedural purposes. Intervention is not necessary to otherwise participate in the proceeding, including for activities such as attending a workshop, submitting written comments or providing oral comments to the Commission at a public meeting. Commission Staff may request information without intervening. (A) An interested person may intervene as a party for limited procedural purposes in a proceeding subject to this rule by following the procedures outlined in this Division for petitions to intervene in contested case proceedings. (B) The assigned administrative law judge may grant a petition to intervene for limited procedural purposes only. Limited procedural intervenor (LPI) status allows that person to be placed on the service list and to request information as provided in this rule. A person with LPI status may also be eligible to sign a protective order issued by the administrative law judge and access confidential information related to the utility’s filing. Limited procedural intervenor status granted under this rule does not confer the general rights and duties of individuals who participate in contested case proceedings. (b) Commission Staff, an energy utility that made the filing initiating a proceeding under this rule, and any person holding LPI status may submit information requests to one another in the form of either written interrogatories or requests for the production of documents. A requester must serve the request on the energy utility, Commission Staff and any person holding LPI status in the proceedings. For nonconfidential requests, service may be made by electronic mail or by electronic mail notification of upload to a designated shared workspace for information requests and responses. If the request contains confidential information, then a complete copy must be served on those eligible to receive confidential information under the terms of a protective order and a redacted copy to all others. The complete confidential copy must be served using the means identified in the protective order. Nonconfidential responses submitted to Commission Staff must be sent to PUC.Datarequests@puc.oregon.gov. If a designated shared workspace is being used for requests and responses, the notification of uploaded information requests and responses must be sent to PUC.Datarequests@puc.oregon.gov. (c) Information requests that are unreasonably cumulative, duplicative, burdensome, or overly broad are not allowed. Instructions and definitions included in information requests must be consistent with the rules of the Commission under OAR Chapter 860 and ORS Chapters 469A, 756, 757 and 758. (4) Commission Staff, the energy utility, and any person holding LPI status who receives an information request must answer the information request within 14 days from the date of service, except as may otherwise be agreed to by the requester. Each request must be answered fully and separately in writing or by production of documents, or objected to in writing. (a) Privileged material is not required to be disclosed except when disclosure is consistent with the Oregon Evidence Code, ORS 40.225 to 40.295. (b) Commission Staff, the energy utility, and any person holding LPI status will not be required to develop information or prepare a study in response to an information request, unless the capability to prepare the study is possessed uniquely by the entity receiving the request, the request is not unduly burdensome, and the information sought has a high degree of relevance to the issues in the proceeding. (c) Commission Staff, the energy utility, and any person holding LPI status answering an information request must provide a response or an electronic mail notification of upload to a designated shared workspace to the requester and to Commission Staff, the energy utility and all persons with LPI status that filed a written request for a copy of the response. A person holding LPI status must agree to be bound by the applicable protective order to be eligible to receive a response containing confidential information. (5) Information requesters and the recipients of information requests must make every effort to engage in the cooperative exchange of information and to resolve disputes themselves. If an energy utility receives an information request that is likely to lead to a dispute, then the energy utility must inform the requester of the dispute as soon as practicable and attempt to resolve it informally. (6) If the information requester and the recipient of the request are unable to resolve a dispute informally, then either the requester or the recipient may request that the ALJ assigned to the docket conduct a conference to facilitate the resolution of the dispute. A requester must identify for the ALJ the specific information sought and describe the efforts of those involved to resolve the dispute informally. (7) A requester may file a motion with the Commission to compel a response to its request, seeking an order directing the receiving entity to respond to an information request. The motion must contain a certification that the requester has conferred with the recipient but has been unable to resolve the dispute. Motions under this rule are subject to the same requirements for motions in a contested case under OAR 860-001-0420. (8) An assertion that information responsive to an information request is confidential may not be used to delay the request process. However, a request recipient will not be required to provide responsive information that it claims is inadequately protected until such time as its claim for the need for a general protective order or a modified protective order is resolved. If the recipient believes that a response to a request involves confidential information that is inadequately protected by the safeguards existing in the docket, the recipient must notify the requester of this belief as soon as practicable and, if appropriate, promptly move for an appropriate protective order under OAR 860-001-0080. (9) Except when requested by the Commission or ALJ, or when seeking resolution of a dispute under these rules, information requests are not filed with the Filing Center or provided to the ALJ. (10) A person holding LPI status may submit information requests and the answers to those requests when commenting on a filing. Any objection to substance or form of a request or answer must be attached with specific reference and grounds. (11) Upon a motion by a requester or the recipient, or their own motion, the assigned ALJ may impose sanctions for the failure or refusal to comply with an oral or written ruling resolving a dispute under this rule. The ALJ may impose sanctions including withdraw of approval of a petition to intervene or striking of a filing in the docket.