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Orders and Post-Order Process

Orders and Post-Order Process

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Orders and Post-Order Process

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  1. Orders and Post-Order Process Types of Orders § Relationships Among Orders § Review, Clarification, Reconsideration and Rehearing

  2. WAC 480-07-800General; definitions Orders are “entered” when signed and are usually, but not necessarily, “served” on the same day Orders are effective when entered, unless another effective date is specified in the order Timelines for review or appeal run from the service date

  3. WAC 480-07-810Interlocutory Orders • Orders entered during the course of a proceeding that are not dispositive of issues • Prehearing Conference Orders (See WAC 480-07-430) • Other Procedural Orders • Discovery Orders (including Protective Orders) • Orders Concerning the Status of a Party • Orders Concerning Evidence

  4. WAC 480-07-810(Review of Interlocutory Orders) • Any party may petition for review of an interlocutory orderwithin ten days after service of the order • Answers must be filed within ten days after the petition is filed • Interlocutory review is discretionary with the commission

  5. WAC 480-07-820Initial and Final Orders • Initial Orders are those signed by an ALJ that resolve contested issues, subject to Commission review • Parties can expressly waive their right to an Initial Order—Commission may accept or reject waiver • Sixty-day timeline for Initial Orders

  6. WAC 480-07-820Initial and Final Orders • Final Orders are those signed by a majority of the Commissioners that resolve contested issues when: • Commissioners personally preside • Commissioners review an initial order or no petition for review is timely filed • Commissioners accept waiver of Initial Order • Orders on reconsideration or rehearing also are Final Orders • Ninety-day timeline for Final Orders

  7. WAC 480-07-825Initial Orders-Petition for Review • A party may file a petition for administrative review of an Initial Order to challenge: • Finding of Fact • Conclusion of Law • Remedy • Result • Reasoning • Deadline—twenty days after the Initial Order is served

  8. WAC 480-07-825Initial Orders-Answer to Petition for Review • An Answer may state: • Opposition to the Petition • Support for the Petition • Additional points for review • Deadline—Ten days after Petition is filed

  9. WAC 480-07-825Initial Orders-Reply to Answer to Petition for Review • By right, if new issues are raised by an Answer • By leave of Commission on sufficient showing • Deadline—Five days after Answer is served

  10. WAC 480-07-825Initial Orders-Commission Disposition on Review • The Commission may hear oral argument • The Commission will enter a Final Order adopting, modifying, or rejecting an Initial Order after reviewing the Initial Order and any petitions for review, answers, replies, briefs, and oral arguments, and the record; or may remand for further proceedings before the ALJ

  11. Clarification Party does not seek to change the outcome with respect to any issue To enhance compliance To suggest technical changes To correct patent error To correct obvious or ministerial errors Reconsideration Party seeks to change the outcome with respect to one or more issues May include request for clarification Does not automatically stay the effect of the Order Not a prerequisite to judicial review WAC 480-07-835 Motion To Clarify vs. WAC 480-07-850 Petition for Reconsideration

  12. WAC 480-07-835 Motion To Clarify and WAC 480-07-850 Petition for Reconsideration Procedural Requirements • Motion or Petition within ten days after the Final Order is served • No Response or Answer unless allowed by Commission Notice • No oral argument unless required by Commission Notice

  13. WAC 480-07-840Clarification Conference • The Commission may initiate a conference when parties disagree about an order's meaning or requirements to: • Explore and resolve any barriers to compliance • Ensure that any compliance filing can be accurately prepared and presented • Propose technical changes that may be required to correct the application of principle to data • The conference is not a forum for discussing or challenging the evidentiary, legal, or policy decisions expressed in the order

  14. WAC 480-07-860Stay Any party may petition to stay the effectiveness of a Final Order within ten days after its service, unless otherwise provided by statute or stated in the Final Order. The Commission may stay the effect of a Final Order on its own initiative. The effect of a Final Order is not automatically stayed when a party files a motion for clarification, a petition for reconsideration, or a petition for rehearing.

  15. WAC 480-07-870Rehearing Any person affected by a Final Order may file a petition for rehearing. Public service companies may seek rehearing under RCW 80.04.200 or 81.04.200.

  16. WAC 480-07-875Amendment, Rescission, or Correction of Order The Commission may alter, amend, or rescind any order that it has entered, after notice to the public service company or companies affected and to all parties in the underlying proceeding, and after allowing an opportunity for hearing as in the case of complaints

  17. WAC 480-07-875Amendment, Rescission, or Correction of Order • The Commission may act on its own initiative or on the motion of any party to correct obvious or ministerial errors in orders • The time for any available post-hearing review begins with the service of the correction, as to the matter corrected