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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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Presentation Transcript
rules governing discovery the hearing process and rate cases

Rules Governing Discovery, The Hearing Process, and Rate Cases

Robert Cromwell Ann Rendahl

Tre Hendricks Jamie Van Nostrand

overview
Overview
  • Organization of Part III
  • Cross-Reference Table
  • Substantive Changes

Discovery, Hearing Process & Rate Case Rules

discovery 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
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
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
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
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
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
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 proceedings1
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
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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