OAR 860-001-0660: Major Proceedings

(1) For purposes of ORS 756.518(2), a “major proceeding” is a proceeding that has or is expected to have a full procedural schedule with written testimony or written comments and: (a) Has a substantial impact on utility rates or service quality for energy utilities having more than 50,000 customers or telecommunications utilities having more than 50,000 access lines; or (b) Has a significant impact on utility customers or the operations of a regulated utility for energy utilities having more than 50,000 customers or telecommunications utilities having more than 50,000 access lines. (2) A party in a proceeding that does not meet the criteria in section (1) of this rule may petition the ALJ for major proceeding status if the case: (a) Is likely to result in a significant change in regulatory policy; or (b) Raises novel questions of fact or law. (3) When a docket is opened, a party may file a motion with the ALJ requesting that the case be classified as a major proceeding. (a) The motion must: (A) Specify how the case qualifies as a major proceeding under the criteria listed in section (1) of this rule; or (B) Argue how the case qualifies as a major proceeding under section (2) of this rule. (b) Responses to the motion are due within 7 days of filing. (4) If a case is classified as a major proceeding, the Commission must afford the parties an opportunity to present oral argument to a quorum of Commissioners before a final order is issued. A party must make a request for oral argument at the prehearing conference or as soon thereafter as possible. (5) The ALJ will determine the length of each party’s oral argument to the Commission, the right of any party to rebuttal of other parties’ oral arguments, and the order of presentation.