1 / 18

PUC Joint-Use Dispute Resolution Process

Learn about the Oregon Public Utility Commission's process for resolving joint-use disputes, including plans of correction, factual disputes, rental reduction, rental reduction denials, and pole attachment rate complaints.

adickson
Download Presentation

PUC Joint-Use Dispute Resolution Process

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. PUC Joint-Use Dispute Resolution Process Oregon Public Utility CommissionSafety & Reliability Section

  2. Types of Disputes • Plans of Correction • Factual • Rental Reduction • Rental Reduction Denials • Pole Attachment Rate Complaints

  3. 1. Dispute Over Plans of Correction (860-22-0210) agree on facts of the case • Emphasis • Intended to be a short process • No factual dispute – get items corrected

  4. JUA/PUC Dispute Resolution Process (Plans of Correction) • Dispute goes to JUA and resolved • Does not go to PUC • Dispute goes to JUA and not resolved • Goes to PUC to begin process • Includes records from JUA • Dispute can go directly to PUC without going to the JUA Process is “in addition to, not in lieu of” the Commission dispute resolution process.

  5. Staff receives request (15 days) • Requestor must: • Provide records/evidence • Make case • Staff may: • Request records from JUA • Formal/informal discussions • Teleconference discussions • Dismiss if incomplete Recommended Order from Staff PUC Dispute Resolution Process(Plans of Correction)

  6. Comments received • (15 days max) Commission issues Final Order • Parties receive Recommended Order • (15 days max) Submit Comments to Commission PUC Dispute Resolution Process (continued) • Recommended Order sent to parties • Disputes should be resolved within 7 weeks

  7. 2. Factual Disputes (860-22-0220) • Imposition of appropriate sanctions • Unreasonable delays to obtain • Permit • Contract approval

  8. JUA Factual Dispute Process • Must go to JUA first • Either party may request • Notice to JUA & other party required • Not resolved within 90 days • Either party can request hearing before Commission and order

  9. Upon Receipt • (30 days max) Staff recommended order • Comments received from both parties • (30 days max) Commission issues Final Order • Receipt of recommended order • (30 days max) Written comments JUA Factual Dispute Process (continued) • Get records & complete case • Proposed Order sent to parties

  10. Eitheror Both 3. Rental Reduction Disputes-Process (860-22-0230) • Request to JUA for hearing • cc Pole owner • OPUC – Response to Pole Owner • Denial of reduction response • cc to PUC with copy of original notice • Notification-loss of reduction to licensee • Specific evidence (showing) requiredSee (4)(1)(a) through (c) Licensee dispute responses

  11. Upon Receipt • (30 days max) Staff recommended order • Order received • (30 days max) Written comments due (30 days max) Commission Final Order issued Commission Process • Order sent/received *Licensee must pay portion of rental fees not in dispute to the pole owner w/o delay

  12. ~30days ~30days Prepare Public Meeting Memo/schedule item Public Meeting with opportunity for comments Commission Order / Notification to parties 4. Rental Reduction Denial from PUC Specific evidence (showing) required • Notify parties – pole owner(s) & licensee with evidence & staff recommended order • Offer written response opportunity/conference Process not detailed in rule

  13. 5. Pole Attachment Rate Complaints to PUC (860-022-0055) • Contact Consumer Services • 1-800-522-2404 • FAX 503-378-5743 Question: Does the attachment rate specified in your current contract prevail? Informal

  14. 15 days 5. Pole Attachment Rate Complaints to PUC (860-022-0055) • Administrative Hearings notifies Pole Owner • Initial Response from Pole Owner Formal • File Complaint Form with Consumers Services • Identify the issues • Cite specifics (rules, etc.) • Propose outcome

  15. 5. Pole Attachment Rate Complaints to PUC(continued) • Pre-hearing conference set • Issues/schedule • Hearing(s) • Burden of proof on Complainant • Preponderance of evidence • Final Order issued

  16. Effective Date • All new construction has to comply NOW! • Contracts • Permits • NESC • Get it cleaned up before 2003? • Start NOW • Partner with all joint-users possible

  17. Questions? Policies NESC People Schedules Rules

  18. Contacts: Jerry Murray, Manager Safety & Reliability Section Oregon Public Utility Commission (503) 378-6626 Jerry.Murray@state.or.us Gary Putnam, Util. Analyst Safety & Reliability Section Oregon Public Utility Commission (503) 373-1832 Gary.Putnam@state.or.us Bob Sipler, Util. Analyst Safety & Reliability Section Oregon Public Utility Commission (503) 373-7451 Bob.Sipler@state.or.us John Wallace, Util. Analyst Safety & Reliability Section Oregon Public Utility Commission (503) 373-1016 John.Wallace@state.or.us FAX 503-373-7752

More Related