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Comprehensive Guide to Discovery and Hearing Process Rules in Rate Cases

This document outlines the updated rules governing discovery, hearing processes, and rate case procedures as set forth in WAC regulations. It organizes the essential aspects of these rules into clearly defined sections, including discovery practices, confidentiality, and protective orders. There are key practice tips for managing subpoenas, marking exhibits, and ensuring compliance with filing requirements. Special attention is given to substantive changes in the hearing processes and general rate proceedings that impact stakeholders involved in regulatory matters.

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Comprehensive Guide to Discovery and Hearing Process Rules in Rate Cases

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  1. Rules Governing Discovery, The Hearing Process, and Rate Cases Robert Cromwell Ann Rendahl Tre Hendricks Jamie Van Nostrand

  2. Overview • Organization of Part III • Cross-Reference Table • Substantive Changes Discovery, Hearing Process & Rate Case Rules

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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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