Rules governing discovery the hearing process and rate cases
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Rules Governing Discovery, The Hearing Process, and Rate Cases. Robert Cromwell Ann Rendahl Tre Hendricks Jamie Van Nostrand. Overview. Organization of Part III Cross-Reference Table Substantive Changes. Discovery Rules. Subpart A, WAC 480-07-400 to –425 WAC 480-09-480 is no more

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Rules Governing Discovery, The Hearing Process, and Rate Cases

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Rules Governing Discovery, The Hearing Process, and Rate Cases

Robert Cromwell Ann Rendahl

Tre Hendricks Jamie Van Nostrand


Overview

  • Organization of Part III

  • Cross-Reference Table

  • Substantive Changes

Discovery, Hearing Process & Rate Case Rules


Discovery Rules . . .

  • Subpart A, WAC 480-07-400 to –425

  • WAC 480-09-480 is no more

  • No change tocurrent discovery process

Discovery, Hearing Process & Rate Case Rules


Discovery – Practice Tips

  • Subpoenas – Available in all adj. proceedings

  • Distinctions between forms of discovery

  • Only becomes evidence if moved and admitted

  • Do not file data requests or responses with the Commission or send to the judge

  • Submit confidential information carefully

Discovery, Hearing Process & Rate Case Rules


Confidential Information & Protective Orders

  • New Rules: WAC 480-07-420, -423

  • Rules modeled after CR 26(c)

  • Availability and form of protective orders

  • Designation of information as confidential and highly confidential

  • How to submit confidential and highly confidential documents

Discovery, Hearing Process & Rate Case Rules


Confidential Information & Protective Orders (Cont.)

  • Reasons for and benefits of new rules

  • Concerns with application of rule

  • Issues concerning designation and use of highly confidential information

Discovery, Hearing Process & Rate Case Rules


Hearing Process Rules

  • Subpart A – WAC 480-07-430 to –498

  • Order of new rules follows hearing process

  • No substantive changes to rules governing the hearing process

Discovery, Hearing Process & Rate Case Rules


Hearing Process – Practice Tips

  • Initial Prehearing Conference

  • Marking Prefiled Exhibits – WAC 480-07-460(2)

  • Prehearing Conference for marking exhibits

Discovery, Hearing Process & Rate Case Rules


General Rate Proceedings

  • Subpart B – WAC 480-07-500 to 480-07-550

  • Substantive Changes:

    • Summary rejection rule– WAC 480-07-500(4)

    • Less than statutory notice rule– WAC 480-07-500(5)

    • Commission discretion rule – WAC 480-07-510(4)

Discovery, Hearing Process & Rate Case Rules


General Rate Proceedings

  • Substantive Changes (cont.):

    • Affiliated/subsidiary transactions rules – WAC 480-07-510((3)(f), -520(4)(j), and –530(4)(i)

    • No cost of service study for Class A solid waste collection companies – WAC 480-07-520

    • Burden of proof rule – WAC 480-07-540

Discovery, Hearing Process & Rate Case Rules


General Rate Proceedings – Practice Tips

  • Carefully follow minimum filing requirements

  • Don’t forget customer notices in filing

  • Provide electronic access to testimony and exhibits, and if possible, work papers

Discovery, Hearing Process & Rate Case Rules


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