UTILITIES AND TRANSPORTATION

COMMISSION

This chapter includes rules that explain how to conduct business with the Washington utilities and transportation commission (((the)) commission). The commission interacts both informally and formally with the public and with the businesses it regulates.

Part I of this chapter includes basic information about the commission, such as the agency's office hours, its physical address and other contact information, and general requirements for communicating with the commission.

Part II includes provisions that relate specifically to rule-making proceedings, such as how a person may submit comments that will be taken into account when the commission considers making changes to its rules.

Part III concerns adjudicative proceedings including hearings on formal complaints, general rate proceedings, applications for authority, petitions for relief, and abbreviated proceedings that may be used in some circumstances.

Part IV concerns other types of commission proceedings, including regular and special open public meetings, interpretive and policy statements, declaratory orders, penalty assessments, and informal complaints.

These rules are authorized by and supplement the Administrative Procedure Act, chapter 34.05 RCW, and the ((principal)) statutes that define the commission's authority and ((responsibility. These statutes are)) responsibilities found principally in Titles 80 and 81 ((of the Revised Code of Washington (RCW). These)) RCW. The commission's procedural rules should be ((read and understood)) interpreted in conjunction with ((the Administrative Procedure Act and Titles 80 and 81 RCW. Certain of these statutes establish procedural requirements for conducting particular types of business with the commission)) these statutes.

Part I of this chapter contains information about the commission((,)) and general rules that apply in rule-making, adjudicative, and other proceedings described in this chapter.

(1) Exceptions and modifications. The commission, in response to a request or on its own initiative, may grant an exemption from, or modify the application of, any of its rules in individual ((cases if)) circumstances if the exemption or modification is consistent with the public interest, the purposes underlying regulation, and applicable statutes. Consistent with due process and the public interest, the commission may modify the application of procedural rules in this chapter on its own initiative during a particular adjudication ((consistent with other adjudicative decisions,)) or other docket without following the process identified in subsection (2) of this section.

(2) Process.

(a) How to request an exemption ((to)) from, or modification ((of)) to, a rule. To request a rule exemption or modification, a person must file with the commission a written petition identifying the rule for which the person seeks an exemption ((is sought, and provide)) and providing a full explanation of the reason for requesting the exemption. Telecommunications companies, gas companies, or electric companies filing petitions for exemption under this section ((shall)) must provide ((a)) an electronic copy of the request ((with)) to the public counsel ((section)) unit of the attorney general's office by ((mail or e-mail, within one business day of the)) e-mail on the same day the request is filed with the commission.

(b) Commission process. The commission will assign the petition a docket number((, if it)) if the request does not arise in an existing docket, and will schedule the petition for consideration at one of ((its)) the commission's regularly scheduled open meetings or((,)) in an adjudicative proceeding if appropriate under chapter 34.05 RCW((, in an adjudication)). The commission will notify the person requesting the exemption((,)) and other interested persons((,)) of the date of the open meeting or hearing when the commission will consider the petition.

(c) Standard for ((consideration)) determination. The ((standard for consideration is the public interest standard)) commission uses the public interest standard to determine whether to grant an exemption from, or modification to, a commission rule. Factors the commission may consider in making this determination include whether ((application of)) the rule ((would)) imposes an undue hardship on the requesting person((,)) of a degree or a kind different from hardships imposed on other similarly situated persons, and whether the effect of applying the rule to the requesting person would be contrary to the underlying purposes of the rule((.

(d) Disposition. The commission will enter an order granting or denying the petition, or setting it for hearing)) and the public interest.

(3) Conflicts ((involving)) with other rules. ((In the event of conflict between these rules and statutes, or rules in other chapters of Title 480 of the Washington Administrative Code, applicable to specific types of companies regulated by the commission or to others who may conduct business with the commission, or to particular proceedings)) Statutes or other commission rules may establish a process for requesting rule exemption or modification, and if they conflict with this rule, those statutes or ((special)) other rules govern the request.

(4) Emergency situations. In the event of a state of emergency((,)) and for good cause shown, the commission may enter an order on its own motion, or upon the motion of any person or public service company affected by the rule, exempting public service companies, the commission, and all affected persons((,)) from complying with the requirements of specific rules in this title.

(("Business day," as used in this chapter, means any day when the commission's offices are open to the public. Commission)) The commission's offices are open to the public between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except on official state holidays((,)) as defined in RCW 1.16.050((, Legal holidays and legislatively recognized days)).

The information included in this section is current at the time of rule adoption((,)) but may change. Persons may obtain current ((information)) and additional contact information ((are available on)) for the commission and its personnel by accessing the commission's internet ((site,)) web site or by requesting the information in person at the commission offices, ((or)) by a telephone call to the commission's main public number, or through an e-mail to the commission's records center.

(1) ((Computation of time.)) Definitions.

(a) "Day" means calendar day whenever used in this chapter, unless otherwise specified.

(2) Computation of time. The period of time for doing an act governed by this chapter is determined by excluding the first day and including the last day, unless the last day is ((an official state holiday, Saturday, or Sunday)) not a business day, in which ((event)) circumstance the period runs until the end of the next business day ((that is not an official state holiday, Saturday, or Sunday. For example, if a formal complaint is served on the first day of the month, any answer to the complaint must be filed by the twenty-first day of the same month, unless the twenty-first day is an official state holiday, in which case the answer will be timely if filed on the next business day after the holiday.

(3) Variation from time limits. The commission may modify the time limits stated in chapter 34.05 RCW, subject to the requirements of RCW 34.05.080. The commission may modify the time limits stated in a commission rule, subject to other requirements of law. WAC 480-07-385 ((sets out procedures for and)) governs ((when the commission will grant)) continuances or extensions of time in adjudicative proceedings.

(a) Acceptable format.

The commission ((assigns docket numbers to a filing or proceeding and)) receives documents ((under docket numbers)) for administrative purposes, and such receipt alone does not ((to denote)) constitute filing or legal acceptance of a document. ((Receipt of a document for filing in a docket, or the assignment of a docket number to a document, does not mean that the commission has accepted the document, or waived any deficiencies that would allow the commission to reject the document. After a receiving a document,))

(2) Notice of, and opportunity to correct, noncompliance. The commission ((may address any deficiencies)) will identify any areas of noncompliance in the ((document, may require)) submission and will notify the person who made the submission within two business days, or as soon thereafter as practicable, of any areas of noncompliance that require corrective action before the commission can accept the document for filing. The notification will indicate one of the following:

(b) A requirement to resubmit the document ((to be resubmitted)) with the deficiencies corrected((,)) within a specified period of time; or ((may reject))

(c) Rejection of the document and its return to the sender.

(3) No waiver of noncompliance. By accepting a submission for filing in a docket or assigning a docket number, the commission does not necessarily certify that the submission complies with all filing requirements or waive the commission's ability to subsequently reject a document as deficient or require deficiencies to be corrected; provided that in the absence of extraordinary circumstances, the commission will not reject a document for failure to comply with applicable filing requirements more than five business days after the document has been submitted, and documents are deemed accepted and filed unless the commission provides notice of noncompliance within that time period.

(1) Commission service defined. Commission service means sending or delivering((, in accordance with RCW 34.05.010(19) and this rule, documents relating to commission adjudications, to parties and any other persons to whom service may be required by statute. Service includes the formal exchange of documents among parties to adjudicative proceedings)) notices, orders, or other commission documents from the commission to parties, regulated companies, or interested stakeholders. Such service includes, but is not limited to, commission service of documents in adjudications pursuant to WAC 480-07-360.

(2) Designation of person to receive service.

(a) Each party ((in an adjudicative proceeding)), regulated company, or interested stakeholder must designate at least one person to receive commission service of documents ((relating to the adjudication)).

(b) ((When any party has appeared by an attorney or other authorized representative in a proceeding before the commission, the party must name the representative, or one of the representatives if there is more than one, to receive service of documents. Service on the representative is valid service upon the party, except as provided by law. When an individual party appears on his or her own behalf, she or he must be the person to receive service.

(4))) Companies the commission regulates must provide the commission with current, accurate, and complete contact information for the company itself and at least one person who owns the company or who is employed or otherwise authorized by the company to receive commission service of documents on behalf of the company. Companies must inform the commission of any changes to this contact information as soon as practicable. The commission is not responsible for a company not receiving commission service of documents if the company fails to comply with this requirement.

(3) Contact information. Each party, regulated company, or interested stakeholder must ((supply)) provide the following information about every individual that it ((names)) designates to receive commission service of documents:

(a) Name((.)) (and title, if applicable);

(b) Mailing address((.));

(c) Telephone number((.)); and

(d) ((Fax number, if any.

(e))) E-mail address((, if any.

(5) When service is deemed complete. Unless otherwise ordered by the commission in a particular proceeding, commission service of documents is complete as follows:

(a) Electronic service is complete when the commission sends the document to the recipient's designated e-mail address.

(c) Service by mail is complete when ((a copy of)) the commission deposits the document ((is)), properly addressed((, stamped, and deposited)), and postage prepaid in the United States mail.

The commission will provide special handling ((and limited)) of, and will limit access to, confidential information submitted in compliance with this rule or WAC 480-07-423. This rule applies to any information ((submitted under a claim of confidentiality)) the provider claims to be confidential under RCW 80.04.095 or 81.77.210. Title 81 RCW, other than RCW 81.77.210, does not contain a similar statute((. See also, WAC 480-07-420 regarding protective orders in adjudicative proceedings)), and the commission will not accept documents marked as confidential pursuant to this rule and submitted on behalf of companies regulated under Title 81 RCW other than solid waste collection companies. This rule does not apply to information submitted to the commission that is exempt from public disclosure under the Public Records Act, chapter 42.56 RCW, other than RCW 42.56.330(1). A person submitting a document that contains such exempt information should work with the commission to identify the information and, upon commission request, provide an additional copy of the document that redacts that information.

(1) Implementation.

(a) Designated official. The commission's secretary is the designated official responsible for the commission's compliance with the Public Records Act, chapter 42.56 RCW, and for the implementation of this rule. The secretary may designate one or more persons to serve as public records officer to assist in the implementation and application of this rule.

(b) Provider. Any person who submits information to the commission or commission staff under a claim of confidentiality pursuant to this rule or a commission protective order is a (("))provider,((")) as that term is used in this rule.

(c) Requester. Any person who submits a request for public records under the Public Records Act, chapter 42.56 RCW, or a data request in an adjudicative proceeding is a (("))requester,((")) as that term is used in this rule.

(2) Confidential information defined. Confidential information is ((information that meets any of the following criteria:

(c))) valuable commercial information, including trade secrets or confidential marketing, cost, or financial information, or customer-specific usage and network configuration and design information, as provided in RCW 80.04.095 or 81.77.210. Only information that satisfies this definition may be designated as confidential.

(3) Highly confidential information. The commission may authorize protection of information as highly confidential only pursuant to a protective order. Highly confidential information is confidential information to which even more restricted access is necessary to ensure the information is not disclosed to the detriment of the provider (or the party designating the information as confidential, if not the provider). Highly confidential information remains subject to the requirements in RCW 80.04.095 or 81.77.210, and the provisions of this section apply to highly confidential information as well as confidential information unless this rule or the protective order authorizing highly confidential treatment of information states otherwise.

(((3))) (4) How to designate and seek protection of confidential information under this section. A provider may claim the protection of this rule only by strict compliance with the following requirements. ((Any failure)) The commission may refuse to accept for filing any document that fails to comply with these requirements ((may result in the submission not being accepted as one including confidential information)). Failure to properly designate information as confidential also may result in the information not being treated as confidential.

(a) Contents. The provider must submit the claim of confidentiality in writing((, in the same form (i.e., paper or electronic) and)) at the same time the information claimed to be confidential is submitted. The provider must state the basis ((upon)) on which the information is claimed to be confidential ((under this rule)), and if the document is not submitted pursuant to a protective order in an adjudicative proceeding, the provider must identify any person (other than the provider) ((that)) who might be directly affected by disclosure of the confidential information.

(b) Documents with information designated as confidential or information designated as highly confidential. The provider must submit two versions of all documents claimed to include either (but not both) confidential or highly confidential information:

(d) Marking and submission.

(i) ((Paper copies. When the document is in paper format, and there is no protective order in place,)) Documents containing information designated as confidential or highly confidential must be marked as follows:

(A) The provider must clearly mark each copy of the confidential version of the document with the designation ((")), "Designated information is confidential per protective order in Docket [insert docket number]" if the provider submits confidential information under the provisions of a protective order, or "Designated information is confidential per WAC 480-07-160((.))" if not submitted under the terms of a protective order. The provider must clearly mark each copy of the highly confidential version of the document with the designation "Designated information is highly confidential per protective order in Docket [insert docket number]." The provider must place ((this)) the applicable mark on the first page of a multipage document and each specific page ((where)) on which the provider claims there is confidential or highly confidential information. (((ii) Electronic copies. When the document is in electronic format, such as an e-mail message, or a word processing or spreadsheet file, the "confidential per WAC 480-07-160" mark must be inserted in the e-mail message or on the disk or diskette, on the first page in the file and on each page that the provider claims contains confidential information. The provider must follow the requirements in (c) of this subsection and the format requirements in WAC 480-07-140(6) for submitting electronic documents. Specifically, parties must separately submit and clearly identify electronic versions of confidential and redacted documents when submitting documents via e-mail or the commission's web portal.

(4))) In the subject line of the e-mail or in a visible portion of the disc or electronic storage medium containing the electronic copies of the document, the provider also must state that one or more documents contain information designated as confidential or highly confidential under a protective order or WAC 480-07-160, as applicable.

(5) Challenges to ((claims)) designations of confidentiality. The commission or a party to ((a)) an adjudicative proceeding in which a provider submits a document with ((a claim of confidentiality)) information designated as confidential may challenge ((the claim. When a challenge is made, the commission will provide an opportunity to respond before ruling on the challenge. If a confidential designation is challenged, the provider of the confidential information bears the burden to show that part or all of a document should be protected from disclosure under chapter 42.56 RCW, RCW 80.04.095, or a protective order. The commission may express its ruling orally on the record in an adjudicative proceeding, or in a written order.

(5))) that designation. If a confidentiality designation is challenged, the commission will continue to protect the information from public disclosure for ten days from the date the challenge is served on the provider (and the party that has designated the information as confidential or highly confidential, if different). Upon the expiration of that ten-day period, the commission will remove the confidential or highly confidential designation of the information from the commission's files and will make the information publicly available unless prior to the expiration of the ten-day period:

(6) Requests for (("))information designated as confidential((" information)). Subject to the requirements of this subsection((s (6) and (7) of this section)), the commission will release information designated as confidential or highly confidential in response to a written request ((properly filed under the following requirements:

(6) Informal resolution. When the secretary)) for public records made in compliance with WAC 480-04-090.

(a) Avoidance of disclosure. If the public records officer and the requester agree that the ((secretary)) commission can satisfy the ((requester's need)) request for information without disclosing information designated as confidential ((information, the secretary will make the information available)) or highly confidential, the public records officer will provide or make available for review the publicly available information in the commission's possession that is responsive to the request.

(((7))) (b) Notice of request for ((information designated confidential;)), and release of, information designated confidential. If the requester does not agree that the commission can satisfy the request without disclosing information designated as confidential or highly confidential, the commission will implement the following procedure:

(i) Pursuant to RCW 80.04.095 or 81.77.210, as applicable, the commission will provide written notice of any request for information designated as confidential or highly confidential to the provider (and the party that has designated the information as confidential or highly confidential, if different) and any person that has been identified ((by the provider)) as a person who might be directly affected by release of the information. ((This is to permit any person asserting confidentiality or who might be affected by the release of the information to invoke the statutory procedures for securing a court order to protect the records from disclosure or to take similar steps in compliance with a protective order in an adjudicative proceeding.)) The commission will issue such notice not more than two business days after ((the requested materials are located and it determines that they contain)) receiving confirmation that the requester requests information ((claimed to be)) designated as confidential or highly confidential. The commission will send a copy of the notice to the requester at the same time it sends a copy to the provider (and the party that has designated the information as confidential or highly confidential, if different).

(ii) The commission need not assist any person in seeking or resisting judicial intervention to protect from disclosure any information designated as confidential or highly confidential, but the commission may participate in any such proceeding.

(iii) If the provider (and the party that has designated the information as confidential or highly confidential, if different) consents in writing to the release of the information((,)) designated as confidential or highly confidential or does not restrain disclosure of that information by ((way of)) obtaining a court order within ten days following the commission's notice of the request, the commission will consider the information public, remove the confidential or highly confidential designation from its files, and release the information to the requester.

(9))) (7) Designation or redesignation of confidential information ((in adjudications. At the conclusion of)). No later than the time for filing briefs or, if no briefs are filed, within ten days after the close of the record in an adjudication in which ((confidentiality was asserted as to documents or portions of the record, the party originally asserting confidentiality must, no later than the time for filing briefs or, if no briefs are filed, within ten days after the close of the record, do the following:

(a))) a party has designated information as confidential or highly confidential, that party must verify the accuracy of all confidential designations in the record and in the exhibit list for the proceeding, and submit any proposed corrections or changes. Absent a statement of proposed corrections or changes, the designations in the record and in the exhibit list are final, and the commission will ((be changed)) change those designations only if the ((party asserting confidentiality)) provider (or the party that has designated the information as confidential or highly confidential, if different) voluntarily removes, or is required to remove, a confidential designation. If there is conflict between designations, the commission will adopt the designation that is least restrictive to public access ((will be adopted.

(c) File an unredacted version of any document designated as confidential during the proceeding, but as to which the party claiming confidentiality wishes to remove the confidential designation, or as to which the confidential designation was terminated by order. In the case of briefs, testimony, and similar documents, the authoring party must file the unredacted version)).

(2) When a communication is official. A communication from the commission is ((not)) an (("))official communication((" unless)) only if it is signed or otherwise verifiably issued or entered by the commissioners, the commission's secretary or other assistant deputized, designated, or delegated to perform commission duties pursuant to RCW 80.01.030, or the secretary's designee ((signs it)). In addition, the presiding administrative law judge or the administrative law judge's designee may sign, issue, or enter official communications relating to an adjudicative proceeding.

(1) Inspection. Every public service company must make its accounts, books, papers, and documents available for commission inspection at any and all times.

(2) Production. The commission may require a public service company to provide copies of documents to the commission for inspection at the commission's offices.

(a) Format. The commission will require a public service company to provide documents for commission inspection by serving the company with a letter or other writing signed by the secretary or an administrative law judge.

(b) Response. The public service company must provide the required documents, or any objections to providing those documents, to the commission within ten business days of the date the commission serves the letter or other writing unless the commission specifies a different deadline.

(c) Objections. Any objections the public service company gives in lieu of providing the requested documents must describe in detail the legal and factual basis for the company declining to provide the documents. Commission staff must file a response to the objections within five business days. The commission will notify the company of the disposition of its objections and the date by which the company must provide any requested documents the commission determines that the company must provide.

Any document that is incorporated by reference in a commission rule or order is available for public inspection at the commission unless exempt from the public disclosure requirements in chapter 42.56 RCW, or under a protective order in an adjudicative proceeding. The commission's secretary or public records officer will provide a copy of a referenced document upon request, allowing reasonable time for any necessary copying, subject to any ((pertinent)) applicable charge, and subject to copyright restrictions or statutory exemptions from public disclosure. The commission incorporates or references the version of the incorporated or referenced material that is current on the day the commission adopts a rule, makes a ruling, or enters an order that makes the incorporation or reference, unless the commission specifies another version or unless another version is apparent from the reference. In most instances, such information is available to the public on the commission's web site (((see WAC 480-07-125))).

(1) Authorization. To the extent authorized under RCW 19.360.020, the commission will accept electronic signatures on all documents submitted to the commission for filing that applicable law requires or allows to be signed by hand if the electronic signature complies with this rule and any other applicable requirements (e.g., of the entity on whose behalf the person is signing). The commission may use electronic signatures on documents it issues, enters, or serves including, but not limited to, orders, notices, and correspondence, to the extent authorized under RCW 19.360.020.

(2) Definitions.

(a) An electronic signature is one or more letters, characters, numbers, or other symbols in digital form incorporated in, attached to, or otherwise logically associated with an electronic document that:

(i) Identifies and authenticates a particular person as the source of the document; and

(ii) Indicates such person's intent to sign the document and approval of the information contained in that document.

(b) A secure electronic signature is an electronic signature that:

(i) Is unique to the person making the signature;

(ii) The technology or process used to make the signature is under the sole control of the person making the signature;

(iii) The technology or process can be used to identify the person using the technology or process; and

(iv) The electronic signature can be linked with the document in such a way that the signature can be used to determine whether the document has been changed since the electronic signature was incorporated in, attached to, or otherwise associated with the document.

(3) Requirements.

(a) Attorney signatures. An electronic document that requires an attorney's signature must include the date on which the document was signed and be signed:

(i) With a secure electronic signature;

(ii) With the symbol "/s/" followed by the attorney's name, state bar number, and full contact information; or

(iii) By hand and the entire document scanned and submitted in searchable .pdf format (adobe acrobat or comparable software); the party or person submitting the electronic document must maintain the original signed paper document for at least sixty days beyond the close of the docket, proceeding, or matter in which it is filed, including any period of judicial review.

(b) Other signatures. An electronic document that requires a signature and is signed by a person who is not an attorney acting in a representative role must include the date on which it was signed and be signed:

(i) With a secure electronic signature;

(ii) With the symbol "/s/" followed by the person's name, title, company, street address, telephone number, and e-mail address; or

(iii) By hand and the entire document scanned and submitted in searchable .pdf format (adobe acrobat or comparable software); the party or person submitting the electronic document must maintain the original signed paper document for at least sixty days beyond the close of the docket, proceeding, or matter in which it is filed, including any period of judicial review, or for as long as the document is effective, whichever period of time is longer.

(c) Signatures subject to penalty of perjury. An electronic document required to be signed under penalty of perjury must include the date on which it was signed and be signed by the person subject to penalty of perjury:

(i) With a secure electronic signature; or

(ii) By hand and the entire document scanned and submitted in searchable .pdf format (adobe acrobat or comparable software); the party or person submitting the electronic document must maintain the original signed paper document for at least sixty days beyond the close of the docket, proceeding, or matter in which it is filed, including any period of judicial review, or for as long as the document is effective, whichever period of time is longer.

(4) Effect.

(a) Submissions. An electronic document submitted to the commission in compliance with this rule shall bind each person whose electronic signature is incorporated in, attached to, or otherwise logically associated with the document and shall be deemed the equivalent of an original signed document.

(b) Commission communications. All notices, orders, or other documents issued, entered, or served by the commission with one or more electronic signatures in compliance with this rule and WAC 480-07-170 are official communications of the commission.

(1) ((Internet.)) Information. The commission's ((internet)) web site includes information about each pending rule-making proceeding((s)) under the docket number the commission has assigned to that rule making.

(2) ((Mail or e-mail.)) Notification. The commission maintains lists of persons interested in potential rule-making proceedings that concern particular regulated industries and other areas of potential interest. The commission sends notice of rule-making proceedings via e-mail to persons on these lists. Any person may request in writing that the commission's records center include them on the relevant list or lists ((for the person's area(s) of interest)). Such requests must include the person's name, entity and title (if the person is representing a company, association, or other organization), and e-mail address. The commission may establish a fee for this service.

Persons who wish to inquire about rules being proposed or considered by the commission may contact the commission's rules coordinator, whose contact information is available on the commission's ((internet)) web site.

(1) Scope of rule. This section governs communications to the commission in rule-making proceedings. These rules are in addition to the general rules for communicating with the commission in WAC 480-07-140.

(2) Submitting comments. All written comments submitted in a rule making must be addressed to the commission secretary.

(3) Methods for delivering comments and other communications. The commission will accept only electronic copies of comments or other documents submitted for filing in a rule-making proceeding. A person must submit such documents by sending them to the commission through the records center web portal, at the address provided in WAC 480-07-125 or the commission's web site, without providing a paper copy. If a person is unable to use the records center web portal to submit documents for filing, the commission will accept a submission via e-mail as provided in WAC 480-07-140 (5)(b) or on a disc or other commonly used electronic storage medium by mail or hand delivery as provided in WAC 480-07-140 (5)(c), without providing a paper copy.

(1) Scope. The rules in this subpart apply to all adjudicative proceedings described in this chapter, except to the extent of any conflict with special rules that govern general rate proceedings (subpart B of this chapter) or abbreviated adjudicative proceedings (subpart C of this chapter). An (("))adjudicative proceeding((,")) for purposes of this chapter((,)) is a proceeding in which an opportunity for hearing is required by statute or constitutional right ((before or after the commission enters an order, or as to which)) or is a proceeding the commission voluntarily ((enters)) commences as an adjudication((, and)) as defined and described in chapter 34.05 RCW.

(2) Examples of adjudicative proceedings before the commission. The following are nonexclusive examples of ((proceedings that are)) adjudicative proceedings for purposes of this chapter((, if set for hearing)) once the commission takes formal action to commence such a proceeding pursuant to WAC 480-07-035:

(a) Formal complaint proceedings commenced pursuant to RCW 80.04.110 or 81.04.110 or complaints the commission initiates.

(b) ((General rate proceedings.)) Suspended tariff filings including, but not limited to, tariffs increasing rates.

(c) Applications for authority (e.g., certificates, licenses, and permits) to which a person has filed an objection or protest or as to which the commission has issued a notice of intent to deny the application and grants a request for hearing.

(d) Petitions for enforcement of interconnection agreements.

(e) Objections to closures of highway-railroad grade crossings.

(f) Declaratory order proceedings.

(1) Commencement. The commission may commence an adjudicative proceeding at any time with respect to any matter within its jurisdiction and within the scope of its authority. An adjudicative proceeding begins when the commission ((or presiding officer)) notifies a party that the commission will conduct a prehearing conference, hearing, or other stage of an adjudicative proceeding ((will be conducted)).

(2) Who may ((file a pleading seeking to initiate)) seek to commence an adjudicative proceeding. A person involved in an actual case or controversy subject to the commission's jurisdiction may apply to the commission ((for)) to commence an adjudicative proceeding by ((filing)) submitting the appropriate form of pleading.

(3) Types of pleadings that ((may initiate)) request an adjudicative proceeding. The following pleadings, when properly and timely ((filed)) submitted for filing, constitute applications for adjudicative proceedings:

(a) Formal complaints submitted by persons other than commission staff.

(b) Petitions((,)) for commission action when the ((action sought)) relief requested requires adjudication or when the commission determines the issues presented should be resolved through adjudication.

(c) Petitions for declaratory orders under RCW 34.05.240, when the commission determines that an adjudicative process is necessary to provide parties the opportunity to resolve contested issues.

(d) ((Filings for general rate increases, as defined in this chapter)) Requests for a hearing to contest, or seek mitigation of, penalties assessed without a prior hearing.

(e) Protests of, or objections to, applications for authority ((that are not protested, if the commission is required by law to conduct a hearing or determines, in its discretion, that it should set the matter for hearing)).

(f) ((Petitions for review of the denial of)) Requests for hearing to contest a commission notice of intent to deny an unprotested application for authority ((and petitions for mitigation of penalties assessed without hearing.

The commission will not initiate an adjudicative proceeding in response to such an application when contrary to statute or rule, when the application is presented during an existing adjudication (except pursuant to the commission's discretion under RCW 34.05.413(1)), or when the subject raised by the application is not required to be resolved in an adjudicative proceeding, as defined in chapter 34.05 RCW)).

(4) Commission notification of any deficiencies in a pleading. Within thirty days after receiving an application for an adjudicative proceeding, the commission may notify the applicant of any obvious errors or omissions, request any additional information ((it)) the commission requires regarding the application ((for adjudicative proceeding)), and notify the applicant of the name, ((mailing)) e-mail address, and telephone number of a person on the commission staff ((that may be contacted)) who the applicant may contact regarding the application.

(5) Commission determination whether to conduct an adjudicative proceeding. Within ninety days after ((a party files and serves a pleading or a party files and serves a response, whichever comes later)) receiving an application for an adjudicative proceeding, the commission will:

(a) Commence an adjudicative proceeding by serving ((the parties with)) a notice of hearing pursuant to RCW 34.05.434; or

(b) Decide not to conduct an adjudicative proceeding and furnish the applicant with a ((copy of its written decision, which will include a)) brief written statement of the reasons ((and notice of any administrative review available)) for that decision. While other circumstances may justify not commencing an adjudicative proceeding, the commission will not commence an adjudicative proceeding under the following circumstances:

(c) The commission will conduct any administrative review of a decision not to conduct an adjudicative proceeding using the same procedures applicable to review of initial orders set forth in WAC 480-07-825.

An administrative law judge will review the information or evidence supporting ((a proposed complaint or penalty assessment and)) any complaint commission staff proposes to have the commission issue and will determine whether probable cause exists to issue the complaint ((or assess penalties. If the judge determines)). Upon determining that the information would ((support the proposed penalties or)) sustain the complaint((,)) if proved at hearing and ((if)) not rebutted or explained, the judge will sign the complaint ((or penalty assessment)) on behalf of the commission. The existence of a finding of probable cause may not in any later stage of the proceeding be considered as support for ((the proposed penalties or)) the complaint.

(1) General. RCW 34.05.455 and this section govern ex parte communications. After an adjudicative proceeding begins and before a final ((determination)) resolution of the proceeding, no person who has a direct or indirect interest in the outcome of the proceeding, including the commission's advocacy((,)) or investigative((, or prosecutorial)) staff, may directly or indirectly communicate about the merits of the proceeding with the commissioners, the administrative law judge assigned to the adjudication, or the commissioners' ((staff)) assistants, advisory staff, legal counsel, or consultants assigned to advise the commissioners in that proceeding, unless reasonable notice is given to all parties to the proceeding((,)) so that they may participate in, or respond to, the communication.

(2) Communications not considered ex parte for purposes of this section. The following communications are not considered ex parte:

(a) Procedural aspects. Communications ((necessary to)) concerning procedural aspects of ((maintaining an orderly process)) the proceeding, such as scheduling, are not ex parte communications prohibited by RCW 34.05.455, or by this section.

(b) Commissioners((. The commissioners may communicate with one another regarding the merits of any adjudicative proceeding.

(c))), commission employees, and consultants. ((A)) As presiding officers, commissioners and administrative law judges may receive legal counsel((,)) or consult with ((staff)) assistants, advisory staff, or consultants who are subject to the presiding officer's supervision or who have not participated in the proceeding in any manner, and who are not engaged in any investigative or ((prosecutorial)) advocacy functions in the same or a factually related case. The presiding officers and these assistants, advisory staff, and consultants also may communicate with one another regarding the merits of any adjudicative proceeding.

(3) Communication prior to service as presiding officer. If, before serving as presiding officer in an adjudicative proceeding, a person receives an ex parte communication of a type that could not properly be received while serving in that capacity, the presiding officer, after starting to serve, must promptly disclose the communication as prescribed in subsection (4) of this section ((promptly after starting to serve)).

(4) What is required if an ex parte communication occurs. A presiding officer who receives or becomes aware of any communication that appears to violate RCW 34.05.455((,)) or this section((,)) will ((place on)) include documentation of the communication in the record of the pending matter. Such documentation will include any ((such)) written communication received((,)) and any written response ((to the communication, and)), or a memorandum stating the substance of any ((such)) oral communication received((, any)) and response made, ((and)) as well as the identity of each person ((from whom the presiding officer received an ex parte)) involved in the communication. The presiding officer will ((advise)) notify all parties that ((these matters have been placed on the record. Upon request made within ten days after notice of the ex parte communication, any party who wants to respond to the communication may place a written rebuttal statement on the record. Portions of the record)) this documentation has been included in the record and will provide parties with the opportunity to file and serve a written rebuttal statement in response to the notice of ex parte communication. Materials pertaining to ex parte communications or rebuttal statements do not constitute evidence of any fact at issue in the proceeding unless a party moves to admit any portion of ((the)) them into the evidentiary record for purposes of establishing a fact at issue and the commission admits that portion ((is admitted)) into the record pursuant to RCW 34.05.452.

(5) Sanctions. The commission may prescribe appropriate sanctions, including default, for any violation of RCW 34.05.455 or this section. The commission ((will, and)) or any party may((,)) report ((any)) a violation of this section to appropriate authorities for any disciplinary proceedings provided by law.

(1) Commissioners. The commissioners may preside in any adjudicative proceeding with or without the assistance of an administrative law judge. When the commissioners preside, they are (("))presiding officers((")) as that term is used in chapter 34.05 RCW and in this chapter. When the commissioners preside with the assistance of an administrative law judge, the administrative law judge also is a presiding officer, except for purposes of making final decisions on substantive matters in the proceeding. The administrative law judge may enter procedural and other interlocutory orders. When the commissioners preside, they may enter procedural and other interlocutory orders and will enter one or more final orders in the proceeding to resolve the substantive matters presented.

(2) Administrative law judge. The ((supervisor)) director of the administrative law ((judge function within the agency)) division will designate ((one or more)) an administrative law judge((s)) to preside in individual proceedings, ((subject to the commissioners' approval. An administrative law judge may be designated)) either to assist the commissioners in their role as presiding officers as described in subsection (1) of this section, or ((may be designated)) to serve alone as the presiding officer. When serving alone as the presiding officer, the administrative law judge will enter one or more initial orders, unless the parties and the commission agree to waive an initial order, or applicable law prohibits entry of an initial order. An initial order becomes final if no party petitions for administrative review within twenty days and the commissioners do not review the order on their own motion. The commissioners will enter a final order ((following the opportunity for)) if a party petitions for, or the commission on its own motion undertakes, administrative review of an initial order, ((upon waiver of)) if the parties and the commission agree to waive an initial order, or as otherwise provided by law.

(1) Definitions.

(a) Person. As defined in RCW 34.05.010(14), a (("))person((")) is any individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization or entity of any character.

(b) Party. As defined in RCW 34.05.010(12), a (("))party((")) is a person to whom the agency action is specifically directed((; or)). A party is also a person named as a party to the agency proceeding or allowed to intervene or participate as a party in the agency proceeding.

(2) Appearance requirement. The commission will not grant party status to a person who fails to appear at the earliest prehearing conference((,)) if one is held, or hearing session((,)) if there is no prehearing conference, unless the ((party)) person is excused from appearing by the presiding officer or shows good cause for failing to timely appear. The commission staff and the public counsel ((section)) unit of the attorney general's office become parties to an adjudicative proceeding for all purposes upon entering an appearance. ((When the commission's regulatory staff appears as a party it will be called "commission staff" or "staff." When the public counsel section of the office of the Washington attorney general appears as a party, it will be called "public counsel."))

(3) Classification of parties. The commission generally will refer to parties ((to)) in commission proceedings ((before the commission will be called applicants, complainants, petitioners, respondents, intervenors, or protestants,)) by their names but may refer to them according to ((the nature of)) their classification in the proceeding ((and the relationship of the parties)), as follows:

(a) Applicants. Persons applying for any right or authority that the commission has jurisdiction to grant are (("))applicants.(("))

(b) Complainants. Persons who file a formal complaint with the commission are (("))complainants.((")) When the commission commences an adjudicative proceeding on its own complaint ((seeking to impose a penalty or other sanction based upon alleged acts or omissions of the respondent)), the commission is the (("))complainant.(("))

(c) Petitioners. Persons petitioning for relief other than by complaint are (("))petitioners.(("))

(d) Movants. Persons filing a motion for relief are (("))movants((")) or (("))moving parties.(("))

(e) Respondents. Persons against whom any formal complaint, petition, or motion is filed are (("))respondents.((" In general rate proceedings that are set for hearing on the commission's motion or complaint, the party seeking to increase rates is a "respondent," but bears the burden of proof in the proceeding pursuant to RCW 80.04.130 or 81.04.130.))

(f) Intervenors. Persons((,)) other than the original parties, ((that are permitted)) commission staff, and public counsel that the commission permits to appear and participate as parties are (("))intervenors.(("))

(g) Protestants. Persons ((that)) who file a protest to oppose an application are (("))protestants.(("))

(1) Minimum qualifications. No person may appear before the commission as a representative of a party to an adjudicative proceeding without meeting at least one of the following qualifications:

(a) Membership in good standing in the Washington State Bar Association;

(b) Admission to practice, in good standing, before the highest court of any other state or the District of Columbia;

(c) Status as an officer or employee of a party or person seeking party status, if granted permission by the presiding officer to represent the party; or

(d) Status as a legal intern admitted to limited practice under Rule 9 of the Washington state supreme court's admission to practice rules. No legal intern, however, may appear without the presence of a supervising lawyer unless the presiding officer approves the intern's sole appearance in advance.

The presiding officer may refuse to allow a person who does not have the requisite degree of legal training, experience, or skill to appear in a representative capacity.

(2) Written notice of appearance and withdrawal by counsel or other representative is required.

(a) Attorneys or other authorized representatives ((that)) who wish to appear on behalf of a party or person seeking party status((, or to withdraw from a proceeding, must immediately provide separate)) must file a written notice ((to)) of appearance with the commission and serve all parties to the proceeding((. Parties must supplement the written notice by submitting the document in electronic form as specified in WAC 480-07-140(5))) prior to acting in a representative capacity unless the attorney or authorized representative has previously appeared through the party's initial pleading or written petition to intervene.

(b) A party's initial pleading or written petition to intervene filed in ((the)) a proceeding must designate the party's attorney or other representative((. Later)) authorized to accept service on behalf of the party.

(c) A party must file a written notice with the commission and serve all parties to make any changes to ((the)) its designation of authorized ((representative must be made by written notice to the commission, and a copy must be served on each other party in the proceeding. The party's initial pleading must also designate one person as its representative to accept service for the party itself)) representative(s).

(d) Attorneys or other authorized representatives who wish to withdraw from representing a party must file a separate written notice of withdrawal with the commission and serve all parties to the proceeding.

(3) Unethical conduct is not permitted. Persons appearing in proceedings before the commission in a representative capacity must conform to the standards of ethical conduct required of attorneys before the courts of Washington. Representatives are required to be familiar with, and conform to, the requirements of the rules of professional conduct that are part of the Washington court rules. If any representative fails to conform to those standards, the commission may exclude the person from the proceeding, may report the ethical violation to any appropriate licensing authority, and may refuse to permit the person to appear before ((it)) the commission in a representative capacity in any future proceeding.

(4) Former employees. Former employees of the commission are subject to the provisions of RCW 42.52.080, which governs employment after public service.

(1) Petition to intervene.

(a) Who may petition; when petitions must be filed. The commission strongly prefers written petitions to intervene from any person ((()) who seeks to appear and participate as a party in a proceeding before the commission other than the original parties ((to any proceeding before the commission)), commission staff, and public counsel(() who desires to appear and participate as a party)). Written petitions to intervene should ((file a written petition for leave to intervene)) be filed at least three business days before the initial hearing date or prehearing conference date, whichever occurs first. A person may petition orally for leave to intervene at the time of the initial hearing or prehearing conference, whichever occurs first, unless the commission requires written petitions to intervene in a notice prior to the first hearing or prehearing date. ((The commission may extend the period for filing timely petitions to intervene.))

(b) Late-filed petition to intervene. ((Any)) The commission may grant a petition to intervene made after the ((deadline for filing or presenting the petition is a "late-filed petition to intervene." The commission will grant a late-filed petition to intervene)) initial hearing or prehearing conference, whichever occurs first, only on a showing of good cause, including a satisfactory explanation of why the person did not timely file a petition to intervene.

(c) Contents of petition. Any petition to intervene must disclose:

(i) The petitioner's name and ((address.)) contact information as specified in WAC 480-07-360(3);

(ii) The petitioner's interest in the proceeding((.));

(iii) The petitioner's ((position(s))) position with respect to the matters in controversy((.));

(iv) Whether the petitioner proposes to broaden the issues in the proceeding and, if so, a statement of the proposed issues ((and an affidavit or declaration)) that clearly and concisely sets forth the ((facts supporting)) basis for the petitioner's ((interest in broadening)) proposal to broaden the issues((.)); and

(v) The name and ((address of petitioner's attorney or other representative, if any. Attorneys and other party representative must separately file their notice of appearance as required by WAC 480-07-345(2))) contact information as specified in WAC 480-07-360(3) of the persons the petitioner has authorized to act as the petitioner's representatives, including attorneys, if any.

(2) Response. Parties may respond to any petition to intervene. Responses may be written((,)) or may be heard orally at ((a)) the prehearing conference or ((at)) hearing at which the commission considers the petition. A party's written response to a timely filed written petition to intervene ((must)) should be filed and served at least two business days before the ((next)) prehearing conference or hearing ((date)) at which the commission will consider the petition, or at such other time as the commission may establish by notice.

(3) Disposition of petitions to intervene. The commission ((may)) generally will consider petitions to intervene at the prehearing conference or at the initial hearing((s or)) if the commission does not conduct a prehearing conference((s, or, if persons have responded to a petition, before or after a hearing or prehearing conference. If the petition discloses)). The presiding officer may grant a petition to intervene if the petitioner has a substantial interest in the subject matter of the hearing or if the petitioner's participation is in the public interest((, the presiding officer may orally grant the petition at a hearing or prehearing conference, or in writing at any time. The presiding officer may impose limits on an intervenor's participation in accordance with RCW 34.05.443(2))). If the commission grants intervention, the petitioner becomes a party to the proceeding as an (("))intervenor.((")) The presiding officer may impose limits on an intervenor's participation in accordance with RCW 34.05.443(2).

(4) Dismissal of intervenor. The commission may dismiss an intervenor from a proceeding at any time after notice and a reasonable opportunity to be heard if the commission determines ((at any time)) that the intervenor has no substantial interest in the proceeding((, or that)) and the public interest will not be served by the intervenor's continued participation.

(5) Interlocutory review by commission. The commission may review a decision regarding a petition to intervene or dismissal of an intervenor pursuant to WAC 480-07-810.

(4) Master service list. The commission will maintain a master service list for each adjudicative proceeding. ((It will be available upon request and if feasible, on the commission's web site.)) The commission will include an initial master service list as an appendix to the prehearing conference order, if any, in the proceeding and will maintain a current master service list on the commission's web site as a separate document under the docket number for the proceeding. Parties must provide written notice to the commission and the other parties of any changes to the master service list.

(5) Contents of master service list. The master service list will contain the ((name, mailing address, e-mail address, telephone number, and fax number of)) contact information for each party to the proceeding and ((of)) each party's ((representative. The commission will provide a courtesy copy to the parties of contact information provided by each party at the initial prehearing conference. Parties must designate persons to receive service in accordance with WAC 480-07-150.)) designated representative(s) for service. If the commission requires both paper and electronic service, the master service list will identify the one person representing each party who must be served paper copies in addition to electronic service.

(1) Scope of rule. The requirements in this section are in addition to the general requirements for submitting documents to the commission in WAC 480-07-140 and any requirements in a specific adjudication. The commission will not consider documents to be filed until all applicable requirements are satisfied.

(2) Electronic filing is required. Except as otherwise required by these rules or other law, documents filed in an adjudicative proceeding must be submitted electronically using the commission's records center web portal no later than 5:00 p.m. on the date the documents are required to be filed unless the commission establishes an earlier time.

(a) Submissions exceeding size limitations. If the submission exceeds the size limitations of the commission's web portal, the submission will be timely if the documents are submitted by 5:00 p.m. through one of the options specified in WAC 480-07-140(5).

(b) Exact copy. Any paper copies of the document the commission requires by rule or order must conform exactly in form and content to the electronic version.

(c) Simultaneous delivery to all parties and presiding officer. All electronic documents submitted to the commission through the web portal or by e-mail on a filing deadline date must be delivered to all parties and the presiding administrative law judge by e-mail at the same time the documents are submitted to the commission or immediately thereafter. Copies intended for the presiding administrative law judge must be sent to the judge's individual e-mail address. Submissions should not be sent directly to the commissioners.

(3) Exception for documents offered and received at hearing. When authorized by the presiding officer, a document may be officially received for purposes of an adjudicative proceeding when the presiding officer receives the document for the record at a hearing. The commission's receipt of the document for filing is contingent on submission of electronic copies as required in this section by 5:00 p.m. on the next business day, unless the presiding officer establishes a different submission deadline.

(4) Failure to file required copies. If a person fails to file the required types of electronic copies of a document and any required paper copies of a document, the commission may reject the filing or may require the person to file the required electronic and paper copies. The commission will not consider the document to be officially filed until the commission receives all required copies.

(5) Service required. Submission of any document with the commission for filing in an adjudicative proceeding is not complete until the party submitting the document has served all other parties to the proceeding pursuant to WAC 480-07-360.

(((1))) Types of pleadings permitted. Pleadings include, but are not necessarily limited to, formal complaints, ((petitions,)) answers to complaints, petitions, responses to petitions, replies, ((counterclaims, answers to counterclaims, cross-claims, answers to cross-claims, third-party complaints, answers to third-party complaints,)) applications for authority, ((and)) protests, and objections. The commission may allow other pleadings upon written motion or on the commission's own motion.

(((a))) (1) Formal complaints.

(((i))) (a) Defined. (("))Formal complaints((")) are complaints filed in accordance with RCW 80.04.110 ((and)) or 81.04.110, complaints filed under RCW 80.54.030, and commission complaints in proceedings designated by the commission as formal commission proceedings. For purposes of this rule, a formal complaint does not include an informal complaint filed pursuant to WAC 480-07-910 or a commission complaint and order suspending a rate increase or other tariff filing.

(((ii))) (b) Contents. A formal complaint must be in writing and must clearly and concisely set forth the ((ground(s))) grounds for the formal complaint ((and)), the relief requested, and the commission's jurisdiction to commence an adjudication and grant the requested relief. A formal complaint must state:

(((A))) (i) The complainant's name and address ((of the complainant)) and the ((name and address of complainant's attorney or other representative, if any)) contact information for the individuals to receive service on behalf of the complainant as required under WAC 480-07-360(3);

(((B))) (ii) The full name and address of the person complained against, which should be the name and address contained in the commission's records if the respondent is a public service company;

(((C))) (iii) Facts that constitute the basis of the formal complaint and requested relief, including relevant dates; ((and

(D))) (iv) Citations to ((relevant)) statutes or commission rules((.

(b))) the complainant alleges that the respondent has violated and that provide the commission with jurisdiction to resolve the complaint and grant the relief the complainant requests; and

(3) Petitions.

(((i))) (a) Defined. ((Except for formal complaints and applications, as defined in this section,)) All original pleadings that seek relief other than formal complaints and applications as defined in this section and all pleadings that seek relief from a commission order, are (("))petitions.((" Examples of petitions are petitions to intervene, petitions for declaratory orders that the commission converts into adjudications under RCW 34.05.310, petitions for enforcement of interconnection agreements under WAC 480-07-650, petitions for accounting orders, petitions for crossing or alteration of railroad crossings under RCW 81.53.030 and 81.53.060 and petitions for exemptions from or waiver of commission rules. Petitions that seek relief from a commission order include petitions for administrative review of an initial order, petitions for reconsideration of a final order, petitions for rehearing of a final order, and petitions for stay of the effectiveness of a final order.)) The commission may undertake an action that would be the proper subject of a party's petition, such as authorizing exemption from a commission rule, without receiving a petition from a party. The commission will provide written notice and allow for appropriate process when it acts in the absence of a party's petition.

(((ii))) (b) Contents. A petition must be in writing and must clearly and concisely set forth the ((ground(s))) grounds for the petition ((and)), the relief requested, and the commission's jurisdiction to grant the requested relief. A petition must state:

(B))) (i) For original petitions, the name and contact information of the petitioner and the individuals to receive service on behalf of the petitioner as required under WAC 480-07-360(3) if the petitioner is requesting that the commission commence an adjudicative proceeding in response to the petition;

(ii) Facts that constitute the basis of the petition and requested relief, including relevant dates; and

(((C))) (iii) Citations to ((relevant)) statutes or commission rules that provide the commission with jurisdiction and authority to grant the requested relief.

(d))) (4) Response to a petition.

(5) Reply to an answer or response.

(((i))) (a) Defined. The pleading responding to an answer or response is a (("))reply.((")) A party must not file a reply without ((authorization)) permission from the commission, which the commission will grant only upon a showing of good cause.

(((ii))) (b) Motion for permission to reply. A party that wishes to ((respond)) reply to an answer or response must file a motion requesting permission to reply within five business days after the respondent serves the answer ((is served. Motions for permission to reply should address)) or response. The motion must explain why a reply is necessary including, but not necessarily limited to, whether the answer or response raises new ((material)) facts or legal argument requiring ((a response, or state other reason(s) why)) a reply ((is necessary)). A party ((may)) should file a proposed reply as an attachment to its motion. ((If the commission grants a motion to file a reply and no reply is attached to the motion, the commission will set the time for filing the reply.)) The motion is deemed denied unless the commission grants ((a)) the motion ((for permission to reply)) within five business days after ((filing, it is deemed denied)) the movant files it.

(((iii))) (c) Commission direction or invitation for a reply. The commission may require or invite a party to file a reply.

(((e))) (6) Application. An (("))application((")) is a request for ((authority,)) a license, ((or a)) certificate ((authorizing a person)), permit, or other authority to provide a service regulated by the commission((. The term also includes)) or a request to transfer or amend any such authority((, license, or certificate. Examples of applications are requests for certificates of convenience and necessity under Title 81 RCW and requests for transfers of property under chapter 80.12 or 81.12 RCW.

(7) Protest. ((A)) Persons who assert((s)) that ((its)) their interests would be adversely affected if the commission grants an application ((is granted)) other than an application for auto transportation service pursuant to WAC 480-30-096 may file a (("))protest.((")) A protest to an application must conform to the requirements of any ((special)) rules that apply to the type of application ((being protested)) the person is protesting. A protestant must serve a copy of the protest ((upon)) on the applicant.

(1) Defined. Except for pleadings identified as petitions under these rules, a party's written or oral request for commission action in the context of an adjudicative proceeding is a (("))motion.((" Persons who file motions are "movants" or "moving parties.")) Motions should be in writing unless made on the record during a hearing ((session)) before the presiding officer. The commission may take or require an action that would be the proper subject of a party's motion((, such as the rejection of proffered evidence)) without receiving a motion from a party. The commission will provide oral or written notice prior to taking or requiring such action and allow for appropriate process when it acts in the absence of a party's motion. The commission recognizes four basic categories of motion:

(a) Dispositive motions. Dispositive motions request that the commission ((to determine)) terminate a proceeding, resolve one or more of the substantive issues presented in ((a)) the proceeding, or ((to)) terminate a party's participation in the proceeding. ((Examples of dispositive motions are motions to dismiss all or part of a complaint, petition, or application (see WAC 480-07-380(1)); motions for summary determination (see WAC 480-07-380(2)); and motions to dismiss an intervenor (see WAC 480-07-355(4) and 480-07-450) or find a party in default (see WAC 480-07-450).))

(b) Procedural motions. Procedural motions request ((establishment of or modifications to)) that the commission establish or modify the process or the procedural schedule in a proceeding. ((Examples of procedural motions are motions for continuance (see WAC 480-07-385), motions for extensions of time (see WAC 480-07-385), and motions to reopen the record (see WAC 480-07-830).))

(c) Discovery motions. Discovery motions are requests to ((promote or limit)) resolve disputes concerning the exchange of information among parties during the discovery phase of a proceeding. ((Examples of discovery motions are motions to compel (see WAC 480-07-405(3) and 480-07-425), motions for sanctions (see WAC 480-07-425), and motions for protective orders (see WAC 480-07-420).))

(d) Evidentiary motions. Motions related to evidence are requests to limit or add to the evidentiary record in a proceeding. ((Examples of motions related to evidence are motions to strike, motions in limine, and motions requesting authority to file supplemental or additional testimony.))

(2) Written motions must be filed separately. Parties must file motions separately from any pleading or other communication with the commission. The commission will not consider motions that are merely stated in the body of a pleading or within the text of correspondence. The commission may refer to the Washington superior court rules for civil proceedings as guidelines for handling motions.

(3) Oral motions. A party may ((bring)) make an oral motion during a hearing, unless foreclosed from doing so by rule or in the presiding officer's discretion. The presiding officer will provide an opportunity for other parties to respond to any oral motion. The presiding officer may require that an oral motion be reduced to writing and may provide an opportunity for written response.

(4) Responses to written motions that are not dispositive or do not seek a continuance. A party ((who)) that opposes a written motion, other than a dispositive motion ((()) governed by WAC 480-07-380(())) or a motion for continuance ((()) governed by WAC 480-07-385(())), may file a written response within five business days after the motion is served, or may make an oral or written response at such other time as the presiding officer may set.

(1) Motion to dismiss.

(a) General. A party may move to dismiss another party's claim or case on the asserted basis that the opposing party's pleading fails to state a claim on which the commission may grant relief. When ruling on such a motion, the commission will consider the standards applicable to a motion made under ((CR 12 (b)(6) and 12(c) of the)) Washington superior ((court's civil rules in ruling on a motion made under this subsection)) court civil rule 12 (b)(6) and 12(c). If a party presents an affidavit, declaration, or other material in support of its motion to dismiss((, and the material is not excluded by the commission)), the commission will treat the motion as one for summary determination as provided in subsection((s (2) and (3))) (2) of this section unless the commission rules on the motion without relying on the material.

(b) Time for filing motion to dismiss. A party that opposes a pleading must file any motion directed to the pleading no later than the time the responsive pleading is due, or within twenty days after the pleading is served, whichever time is less, unless the party shows good cause for delay. Filing a motion to dismiss a pleading((,)) or seeking a similar remedy((,)) does not extend the time for answering the pleading.

(c) Response. A party ((who)) that opposes a written motion to dismiss may file a response within ten days after service of the motion, or at such other time as ((may be set by)) the commission ((or the presiding officer. The commission may allow oral argument)) may set.

(2) Motion for summary determination.

(a) General. A party may move for summary determination of one or more issues if the pleadings filed in the proceeding, together with any properly admissible evidentiary support (e.g., affidavits, declarations, fact stipulations, or matters of which the commission may take official notice ((may be taken))), show that there is no genuine issue ((as to any)) of material fact and that the moving party is entitled to judgment as a matter of law. ((In considering)) When ruling on such a motion ((made under this subsection)), the commission will consider the standards applicable to a motion made under ((CR 56 of the)) Washington superior ((court's)) court civil rule((s)) 56.

(b) Time for filing motion for summary determination. A party must file any motion for summary determination at least thirty days before the next applicable hearing session((,)) unless the commission establishes by order a different ((specific)) date for any such motion to be filed.

(c) Response. A party ((who answers)) must file any answer to a motion for summary determination ((must file its answer)) and any cross-motion for summary determination within twenty days after the movant serves the motion ((is served,)) unless the commission establishes a different ((specific)) filing date ((for a response to be filed)).

(d) Continuance not automatic. Filing a motion for summary determination will not automatically stay any scheduled procedures. The commission may order a continuance of any procedure and may order that an oral or written response to a motion for summary determination be made at a time that is consistent with any established hearing schedule in the proceeding.

(3) Motion to withdraw.

(a) General. Once the commission has issued a hearing notice or otherwise commenced an adjudicative proceeding pursuant to chapter 34.05 RCW, a party may withdraw from ((a)) that proceeding, or may withdraw the party's tariff, complaint, petition, or application on which a proceeding is based, only upon permission granted by the commission in response to a written motion ((if:

(b) Response. No party may file a response to a motion to withdraw unless the commission authorizes a response. The commission will grant such a ((party's)) motion ((to withdraw from a proceeding)) when the ((party's)) requested withdrawal is in the public interest. A company need not file a motion to withdraw a tariff filing after the commission has entered a complaint and order suspending that tariff but before the commission commences an adjudicative proceeding. In such circumstances, the company need only file a written notice that it is withdrawing that filing.

(1) Definitions.

(a) (("Continuance," means)) A continuance is any postponement of a deadline established by commission rule or order or any extension of time to comply with such a deadline.

(b) ((A continuance to which all parties agree is an "agreed request.")) A suspension holds all procedural deadlines established by the commission in abeyance pending further commission action.

(2) Procedure.

(a) Continuance. Any party may request a continuance by oral or written motion. The commission may require a confirmation letter or e-mail if a party makes an oral request. The presiding officer may rule on such motions orally at a prehearing conference or hearing session, or by ((letter,)) written notice((,)) or order. The commission will grant a continuance if the requesting party demonstrates good cause for the continuance and the continuance will not prejudice any party or the commission. A party may request a continuance by e-mail to the presiding administrative law judge if the party accurately represents that all other parties either join or do not oppose the request. The commission will grant such a ((timely)) request ((to which all parties expressly agree)) unless it is inconsistent with the public interest or the commission's administrative needs.

(3) Timing.

(a) Written motion for continuance. A party must file and serve any written motion for continuance other than an agreed request at least five business days prior to the deadline ((as to which the continuance is requested and must serve the motion by means that ensure its receipt by other parties the next business day after filing)) the party requests to continue. Parties must file any written response to the motion within three business days after the motion is served((, or two days prior to the deadline that is sought to be continued, whichever is earlier. Parties may orally respond when a hearing session is held prior to the stated deadline for a written response)) unless the commission establishes a different date for responses. Parties should submit an agreed request for continuance in writing at least two business days prior to the deadline the parties request to continue.

(b) Oral request for continuance. A party must make any oral request for continuance on the record in a proceeding at least two business days prior to the deadline ((as to which the continuance is requested)) the party seeks to continue. The commission will permit oral responses at the time the oral request is made.

(c) ((The commission may consider requests for continuance that are made after the deadlines stated in this rule if the requester demonstrates good cause that prevented a timely request.)) Request for suspension. A party should request that the commission suspend the procedural schedule at least five business days prior to the next scheduled deadline in that schedule.

(4) Date certain. The commission will grant continuances only to a specified date.

The commission may permit or require the parties to a proceeding to present their arguments and authority ((orally)) in support of their positions after the conclusion of any evidentiary hearing. Such a presentation may be in the form of written briefs, oral argument at the close of the hearing, ((by written brief,)) or both. ((The commission may require parties to file proposed findings of fact and conclusions of law. The first brief filed following the close of hearing, if any, should be captioned "initial brief of [party]." A responding brief, if any, should be captioned "reply brief of [party]."))

(1) Format. All pleadings, motions, and briefs must meet the following format requirements:

(a) ((Paper size; legibility; margins. All pleadings, motions, and briefs must be:

• Presented in)) Appearance.

(i) Text must be double-spaced, 12-point((,)) type, and in palatino, times new Roman, or an equally legible serif font, with footnotes in the same font and of at least 10-point type((.

(ii) Each paragraph((s)) must be numbered((.

(iii) Margins must be at least one inch from each edge of the page((.

(iv) Any required paper copies must be submitted on three-hole punched, 8 1/2 x 11 inch paper.

(b) Length. Pleadings, motions, and briefs must not exceed sixty pages ((())exclusive of table of contents, table of authorities, signature blocks, exhibits, appended authorities, supporting affidavits or declarations, and other documents(())). The presiding officer may alter the page limit((, either shortening or lengthening the number of pages allowed, considering)) to accommodate the number and complexity of the disputed issues presented for commission resolution.

(c) Organization. Every pleading, motion, and brief must be organized as follows:

(i) Caption. The commission notice initiating an adjudicative proceeding will include a caption that parties must use for all pleadings, motions, and briefs they file in that proceeding. Pleadings that request that the commission initiate an adjudicative proceeding should include a preliminary caption. At the top of the first page must appear the phrase, (("before the Washington utilities and transportation commission.")) "BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION." On the left side of the page, the ((caption)) name of the proceeding must be set out as either "[Name], Complainant, v. [Name], Respondent." for a formal complaint or((, if no caption exists, the following:)) "In the matter of the (((complaint,)) [petition, ((motion,)) application, etc.(()))] of ((())[Name of the pleading party(()))] for ((())[identify relief sought(()))]." On the right side of the page((, opposite the caption, the pleading party)) for all pleadings, the caption must include the docket number if one has been assigned, ((identify)) the name of the party submitting the document, and the name of the document (e.g., ((petition, motion, answer, reply, etc., of (role of party: E.g., petitioner, respondent, protestant, etc., and name of the party if more than one party has the same role in the proceeding)). The caption also must briefly state the relief sought (e.g., "petition for an accounting order"; "motion for continuance")) staff motion for continuance).

(ii) Body of pleading. ((The body of the)) A pleading must ((be set out in numbered paragraphs.)) include the following information:

(A) The ((first paragraph must state the)) pleading party's name and ((address and if it is the party's)) the nature of the pleading, and an initial pleading((, the name and address of)) also must include the contact information as specified in WAC 480-07-360(3) for the party and its representative, if any((. The second paragraph must state));

(B) All rules or statutes that the pleading puts in issue((. Succeeding paragraphs must set out the));

(C) A statement of facts ((relied upon)) on which the party relies in a form ((similar)) comparable to complaints in civil actions before the superior courts of this state((. The concluding paragraphs must state)); and

(D) The relief the pleading party requests.

(iii) Body of motion. A motion must include the following information:

(A) ((Relief requested.)) A statement of the specific relief the movant requests that the commission ((is requested to)) grant or deny((.));

(B) ((Statement of facts.)) A succinct statement of the facts that the ((moving party)) movant contends are material to the requested remedy((.));

(C) ((Statement of issues.)) A concise statement of the legal issue or issues ((upon)) on which the movant requests the commission ((is requested)) to rule((.)); and

(D) ((Evidence relied upon.)) Any evidence on which the motion ((or opposition)) is based ((must be specified. Any affidavits, depositions or portions of affidavits or depositions relied upon must be specified)). If a party relies on declarations, affidavits, deposition transcripts, or documentary evidence, the party must specify those documents, quote the cited material verbatim ((or)), and attach a ((photocopy)) copy of relevant pages to ((an affidavit)) a declaration that identifies and verifies the documents. Parties should highlight or otherwise clearly identify the portions of the cited evidence ((upon)) on which they place substantial reliance.

(iv) Body of brief. Unless excused by the presiding officer, the parties must include in their briefs that exceed ten pages in length a table of contents in outline format. ((The commission may require parties to organize their briefs according to a common outline. The presiding officer, in consultation with the parties, will establish the elements of any common outline taking into account the issues in the proceeding, the parties' preferences, and the commission's needs.)) The conclusion of any brief must state the relief the party requests.

(v) Citation to record. Portions of the record relied on or quoted in the body of a brief must be cited using footnotes.

(A) Transcript. Transcript references should be as follows: [witness's surname], TR. [page]:[line(s)]. If the transcript reference spans multiple pages, the reference should be as follows: [witness's surname], TR. [page]:[line] - [page]:[line]. Examples: Smith, TR. 21:5-14; Jones, TR. 356:4 - 357:21.

(B) Exhibits. Exhibits must be marked as required under WAC 480-07-460, and references to those exhibits should be as follows: Exh. ((No.)) [((insert)) number ((assigned at hearing))]. In the case of prefiled testimony offered or received as an exhibit, page ((number(s))) numbers, line ((number(s))) numbers, and the witness's surname should be added following the style specified in this section for transcript references (e.g., Smith, Exh. ABS-1T at 21:15-17). In other exhibits, references to ((page(s), line(s))) pages, lines for text, ((row(s) and column(s))) rows and columns for tables, or other specific references may be added in addition to the sponsoring witness's surname, if applicable, to clarify the information cited (e.g., Smith, Exh. ABS-5 at 12, Table 2).

(vi) Citation to authority. Parties must use the citation formats specified in the current edition of the style sheet of the Washington supreme court reporter of decisions. The presiding officer may require parties to file copies of the text of authorities that are cited in parties' briefs and upon which parties place substantial reliance. Unless excused by the presiding officer, parties must include a table of cited authorities, with the full citation of each reference and its location in the brief.

(vii) Attachments or appendices. If a party attaches more than ((two)) one attachment((s)) or ((appendices)) appendix to a pleading, the party must ((individually)) separate the body of the brief and each attachment((s by)) or appendix in any required paper copies with a tabbed blank sheet((s with tabs)) of paper.

(2) Verification. All pleadings and motions, except complaints brought by the commission or matters raised by the commission on its own motion, must be dated and signed either by ((at least one attorney or)) a party representative of record in his or her individual name((, stating his or her address)), or by the party, if the party is not represented. Parties ((who)) that are not represented by an attorney must include a statement in any pleading that the facts asserted in the pleading are true and correct to the best of the signer's belief. Parties ((who)) that bring ((certain)) complaints under RCW 80.04.110 or 81.04.110 ((that challenge)) challenging the reasonableness of the rates or charges of ((jurisdictional)) utilities the commission regulates must provide additional verification as specified in those statutes.

(3) Errors in pleadings or motions. The commission may return a pleading or motion to a party for correction when the commission finds the pleading or motion to be defective or insufficient. The commission may disregard or correct obvious typographical errors, errors in captions, or errors in spelling of names of parties.

(4) Liberal construction of pleadings and motions. The commission will liberally construe pleadings and motions with a view to effect justice among the parties. The commission will consider pleadings and motions based primarily on the relief they request and will not rely solely on the name of the document. The commission, at every stage of any proceeding, will disregard errors or defects in pleadings, motions, or other documents that do not affect the substantial rights of the parties.

(5) Amendments. The commission may allow amendments to pleadings, motions, or other documents on such terms as promote fair and just results.

(1) General.

(a) No limitation on commission authority to audit and inspect. Nothing in this section imposes any limitation on the commission's ability to audit or obtain the books and records of public service companies, or ((the)) public service companies' obligation to provide information to the commission, whether or not in the context of an adjudicative proceeding.

(b) Informal discovery procedures. Parties in an adjudicative proceeding may agree to informal discovery procedures in addition to, or in place of, the procedures contained in this section.

(c) Definitions. For purposes of WAC 480-07-400 through 480-07-425, the following terms have the following meanings:

(i) Party. Any party as defined by WAC 480-07-340.

(ii) Data. As used in this section, (("))data((" means)) is information of any type, in any form.

(iii) Data request. A party's written request that calls for another party to produce data in connection with an adjudicative proceeding is a (("))data request.((")) Generally, data requests seek one or more of the following: Existing documents((,)); an analysis, compilation, or summary of existing documents into a requested format((,)); a narrative response ((explaining a)) describing a party's policy, practice, or position((, or a document,)); or the admission of a fact asserted by the requesting party. If a party relies on a cost study, ((it is expected that)) model, or proprietary formula or methodology, the party ((will)) must be willing, on request, to rerun or recalculate the study, model, formula, or methodology based on different inputs and assumptions, subject to the standards in subsection (((5))) (3) of this section. The commission otherwise will not order a party to respond to a data request that ((seeks production of a new cost study)) would require creation of new data or documents unless there is a compelling need for such ((production)) information.

(iv) ((Record requisition. A request for data made on the record during a conference or hearing session or during a deposition is a "record requisition."

(v))) Bench request. A request for data made by or on behalf of ((the)) a presiding officer is a (("))bench request.(("

(2) When discovery available.

(a) Subpoenas always available. Subpoenas are available as a means of discovery as provided in Title 80 or 81 RCW and chapter 34.05 RCW.

(b) When other discovery methods available. If the commission finds that an adjudicative proceeding meets one of the following criteria, the methods of discovery ((described in subsections (1)(c)(iii) through (vi) of this section and in WAC 480-07-410 and)) set forth in WAC 480-07-405 through 480-07-415 will be available to parties:

(i) Any proceeding involving a change in the rate levels of ((an electric company, natural gas company, pipeline company, telecommunications company, water company, solid waste company, low-level radioactive waste disposal site, or a segment of the transportation industry;

(iii))) a public service company;

(ii) Any complaint proceeding involving claims of discriminatory or anticompetitive conduct, unjust or unreasonable rates, or violations of provisions in Title((s)) 80 ((and)) or 81 RCW; or

(((iv))) (iii) Any proceeding in which the commission, in its discretion, determines that the needs of the case require the methods of discovery specified in this rule.

(3) ((Frequency, extent, and)) Scope of discovery. ((Data requests)) Discovery must seek only information that is relevant to the issues in the adjudicative proceeding or that may lead to the production of information that is relevant. A party may not object to ((a data request)) discovery on grounds that the information sought will be inadmissible at the hearing, if ((the)) that information ((sought)) appears reasonably calculated to lead to discovery of admissible evidence. Parties must not seek discovery that is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive. A discovery request is inappropriate when the party seeking discovery has had ample opportunity to obtain the information ((sought)) the party seeks or the discovery is unduly burdensome or expensive, taking into account the needs of the adjudicative proceeding, limitations on the parties' resources, scope of the responding party's interest in the proceeding, and the importance of the issues at stake in the adjudicative proceeding. Discovery through data requests or otherwise must not be used for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the costs of litigation. The commission may impose sanctions for abusive discovery practice.

(4) Schedule. The commission may establish and set forth in a prehearing order a schedule for discovery. Any such schedule will provide deadlines sufficient to allow a timely opportunity for responses and for disputes to be resolved. The presiding officer may impose or modify time limits to the extent necessary to conform to the commission's hearing schedule.

(1) Grouping and numbering.

(a) Grouping. Parties must group their data requests by subject or witness ((and present data requests in an electronic format agreed upon by the parties whenever possible, unless the parties agree to a different procedure or the presiding officer orders a different procedure. Requests not presented in electronic format must include no more than one request per page. Parties with similar interests are encouraged, and may be required, to coordinate their issuance of data requests to avoid duplication)).

(b) Numbering. Each party must number sequentially its data requests((, as submitted)) to each other party. Numbering of subsequent data requests to the same party must begin with the number next in sequence following the number of the last previously propounded data request (e.g., if the last data request in an initial set of requests is number 10, the first data request in the next set of requests must be number 11). The presiding officer will ensure that ((record requisitions and)) bench requests are adequately described on the record and consecutively numbered.

(2) Service of data requests((, records requisitions, and responses to parties.

(a) Written)). A party must serve data requests ((must be sent to)) electronically in native format on the party to whom the requesting party makes the requests ((is made)), with copies to all other parties. ((The commission staff copy must be sent to the assistant attorney general who represents the commission staff. The commission encourages parties to agree to exchange data in electronic format by e-mail, on diskette, or by other mutually acceptable electronic means.

(c) Except when appropriate for other purposes, parties)) When propounding data requests to other parties, a party must not file those data requests ((or responses to data requests)) with the commission((, or provide them to)) or copy any person who is presiding or advising the presiding officer. ((Responses that are later offered in evidence must be distributed as required for other proposed exhibits.))

(3) Motion to compel. A party's motion to compel responses to data requests must include the relevant data request, any objection to the request, and any response to the objection.

(4) Limitation on numbers of data requests. The presiding officer may limit the total number of data requests that a party may ((submit and)) propound to another party. Each party must make reasonable efforts to ensure that its data requests do not duplicate other parties' requests. The presiding officer may require parties to ((certify that they have coordinated)) coordinate discovery with other parties of similar interest ((and that no substantial duplication exists with other parties' submissions)).

(5) Responding party to seek clarification. If a party to whom a data request is ((submitted)) propounded finds the meaning or scope of a request unclear, the responding party must immediately contact the requesting party for clarification. Lack of clarity is not a basis for objection to a data request unless the responding party has made a good faith effort to obtain clarification.

(6) Objections; consequence of failure to object.

(a) Data requests. A party ((who wishes to object to a data request)) must present ((the)) any objections to a data request to the requesting party in writing by the time the response is due, or at such other time as ((may be ordered)) the presiding officer orders. A party objecting to a data request must state the objection and explain the basis for the objection. A party ((who)) that fails to interpose a timely objection to providing a full response to a data request waives any right to object for purposes of discovery and must provide a full response. A party ((who)) that fails to make an objection when responding to data requests does not lose the opportunity to raise an objection at hearing if another party seeks to introduce as evidence all or part of the party's response to a data request.

(b) ((Records requisition. A party to whom a record requisition is addressed may object to the request at the time it is made or, if it later discovers a reason for objection not reasonably known at the time of the record requisition, within five days after discovering the reason. A party may object to the admission of its response to a records requisition at the time the response is offered into evidence.

(c) Bench request. Any party may object to the issuance of, or response to, a bench request. A party may object at the time the bench request is made, or if made in writing or the party later discovers a reason for an objection not reasonably known at the time the bench request was made in hearing, within five days after discovery. A party may raise an objection based on the content of a bench request response within five days after distribution of the response. Responses to bench requests will be received in evidence unless a party objects to the bench request or response, or the commission rejects the response.)) Bench requests. Any party may object to a bench request made orally during a hearing at the time the presiding officer makes the request. A party may subsequently object in writing to such a bench request within five days after the presiding officer makes the request if the objection is based on facts or law the party did not reasonably know at the time the presiding officer made the request. A party may object to a written bench request within five days after the commission serves the request.

(7) Responses.

(a) Data requests ((and record requisitions)).

(i) Service. Parties must serve responses to data requests ((and record requisitions)) electronically on the requesting party and on any other party ((who)) that requests a copy, consistent with the terms of any protective order entered in the proceeding. ((Parties must send the commission staff copy to the assistant attorney general who represents the commission staff unless the attorney requests an alternative method. Parties may agree to serve responses to data requests and record requisitions through e-mail.

(b))) Except when designated as exhibits to be offered into the evidentiary record, parties must not file responses to data requests with the commission or copy any person who is presiding or advising the presiding officer when serving those responses. The commission will not receive into evidence responses to data requests unless a party offers the responses into evidence. A party may object to the admission of a response to a data request at the time the response is offered into evidence whether or not the party timely objected to providing the response.

(ii) Timing. A party to whom a data request is directed must provide a full response ((to the data request)) within ten business days after the request is ((received)) served. If the ((data cannot be supplied)) responding party cannot provide a full response within ten business days, the responding party must give written notice to the requesting party no later than two business days before the response is due. The notice must state why the responding party cannot comply with the ten-day ((limit cannot be met)) deadline. The responding party must also provide a schedule by which it will produce the requested data and must explain why the party cannot provide any portion of the data ((cannot be supplied)). The presiding officer may modify these time limits.

(((c))) (iii) Identification of respondent and witness. Each ((data)) response to a data request must state the date the response is produced, the name of the person who prepared the response, and the name of any witness testifying on behalf of the responding party who is knowledgeable about, and can respond to, questions concerning the response.

(((d))) (b) Bench requests. Parties must file responses to bench requests with the commission and serve all parties within ten business days after the commission makes the request ((is made)), unless the presiding officer specifies another ((schedule)) deadline. A party may object to a bench request response within five days after filing and service of the response. The commission will receive responses to bench requests in evidence without further process unless a party objects to the response or the commission rejects the response.

(8) Supplementation. Parties must immediately supplement any response to a data request((, record requisition,)) or bench request upon learning that the prior response was incorrect or incomplete when made or upon learning that a response((,)) that was correct and complete when made, is no longer correct or complete.

(1) Who may be deposed. A party may depose any person identified by another party as a potential witness. A party may depose a person who has not been identified as a potential witness((,)) only if the presiding officer approves the deposition. The presiding officer may approve the deposition of a person who has not been identified as a potential witness on a finding that the person appears to possess information ((significant)) that is necessary to the party's case, the information cannot reasonably be obtained from another source, and the probative value of the information outweighs the burden on the person proposed to be deposed.

(2) Required notice; ((deposition conference)) motion. A party ((who)) that intends to depose ((one or more persons)) another party's designated potential witness must give notice to the commission and all parties. ((The presiding officer will consult with the parties and may schedule a deposition conference to facilitate the deposition process. The deposition conference schedule will be adjusted as needed considering any changes in the case schedule. Deposition conferences will be convened at the commission's offices in Olympia unless the parties and the presiding officer agree to another location.)) A party that seeks to depose a person who has not been identified as a potential witness must file a motion requesting permission to depose the person.

(3) How conducted. Parties should use ((CR 30 of the)) Washington superior court civil rule((s)) 30 as a guide when conducting depositions. Parties must limit the scope of questioning in a deposition to the same standard set forth in WAC 480-07-400(4). A court reporter provided by the party requesting the deposition will record the deposition. Each party will be responsible for the attendance of any of its ((prospective)) designated potential witnesses((, or any of its employees,)) who have been scheduled for deposition. ((A party may interrupt a deposition, if necessary, to present a dispute regarding the deposition process to the presiding officer. However, to avoid interruption, such disputes should be reserved to the conclusion of the deposition, if possible.))

(4) Use of depositions. Parties may use depositions for any lawful purpose, subject to the requirements of this subsection. ((A party may use a deposition to impeach a witness.)) If a party seeks to offer into evidence the deposition of a potential witness who is available to testify to the matters addressed in ((the witness's)) that person's deposition, the party must do the following:

(a) Offer only those portions of the deposition on which the party intends to rely; and

(b) Provide at least five ((business-days')) business days' written notice to other parties and to the presiding officer prior to the hearing session at which the potential witness is expected to appear. The party must attach to the notice the portion(s) of the deposition that the party proposes to offer ((so that the presiding officer can mark it)) in the form of exhibits that are marked for identification as ((in the case of all other proposed hearing exhibits)) required under WAC 480-07-460(3). If portions of a deposition are admitted into evidence, other parties may offer additional portions of the deposition when necessary to provide a balanced representation of the ((witness's)) deponent's testimony.

(5) Correcting/supplementing deposition testimony.

(a) Correction. A party may file a motion to correct a transcription error in a deposition transcript within ten days after the court reporter delivers the deposition transcript ((is delivered)).

(b) Supplementation. Every ((witness)) deponent must supplement any response given in a deposition immediately upon learning that the prior response was incorrect or incomplete when made, or upon learning that a response((,)) that was correct and complete when made((,)) is no longer correct or complete. Each party is responsible for ensuring compliance with this requirement by deponents who are the party's potential witnesses.

(2) Purpose. The purpose of a discovery conference is:

(a) To allow witnesses and others who have knowledge relating to the proceeding (e.g., consultants or employees) to talk directly and informally((,));

(b) To reduce or avoid the need for written data requests and time for their preparation((,));

(c) To allow discussions of potential stipulations regarding individual facts and settlement of individual issues to occur in an informal setting((,));

(d) To discuss the availability of supporting information((,)); and

(e) To enhance the parties' ability to acquire or expand their knowledge about the case of one or more designated other parties. ((The commission may request or require the parties to attend a discovery conference along with designated witnesses to discuss with each other questions about the party's position or evidence and the availability of supporting information.))

(3) Statements not evidence. Discovery conferences will not be reported and statements made by participants at discovery conferences are not admissible as evidence unless the parties agree otherwise.

(4) Facilitator. The commission may designate a person to facilitate a discovery conference. The designated facilitator must not be associated with any party or with ((a member of)) the commission advisory staff ((who is)) involved in the proceeding.

(1) Standard form. The commission may enter a standard form of protective order designed to promote the free exchange of information and development of the factual record in a proceeding when parties reasonably anticipate that discovery ((in a proceeding will call for the production of confidential)) or evidentiary submissions will require the disclosure of information designated as confidential as defined in WAC 480-07-160. Parties must strictly limit the information they designate as confidential to information that is or may be exempt from public disclosure under RCW 80.04.095, 81.77.210, or the Public Records Act, chapter 42.56 RCW, including RCW 42.56.330. Parties must follow the instructions in WAC 480-07-160 for properly marking and submitting documents with the commission containing information designated as confidential in a proceeding governed by a protective order.

(2) Amendment. The commission may, upon motion by a party, or on its own initiative, amend its standard form of protective order to meet the parties' and the commission's needs in individual cases.

(3) Special order. Upon motion by a party or by the person from whom discovery is sought that establishes a need to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, the presiding officer may ((make any)) order((,)) appropriate limitations on discovery including, but not necessarily limited to, one or more of the following((, that)):

(a) The discovery will not be allowed;

(b) The discovery will be allowed only on specified terms and conditions;

(c) The discovery will be allowed only by a method of discovery other than the method selected by the party seeking discovery; or

(d) Certain matters may not be inquired into, or ((that)) the scope of the discovery will be limited to certain matters((;

(h) The parties must file specified documents or information enclosed in sealed envelopes to be opened as directed by the commission or the presiding officer)).

(4) Denial of motion for protective order. The presiding officer may order that any party or person provide or permit discovery on such terms and conditions as are just((,)) if the commission denies a motion for a protective order in whole or in part.

(1) Procedure for resolving disputes.

(a) Informal resolution. Parties must make good faith efforts to resolve informally all discovery disputes. The commission may designate a person to assist the parties to resolve discovery issues, at the request or with the consent of the ((disputants)) parties.

(b) Motion to compel. A party may file a written motion, or move orally at a prehearing conference, to compel discovery if the parties cannot resolve a dispute ((cannot be)) informally ((resolved)). The presiding officer will hear a motion to compel discovery ((disputes, on shortened notice,)) at the earliest reasonable time. The presiding officer may conduct telephone hearings or conferences for the argument of discovery disputes. The presiding officer may make discovery rulings orally on the record or by written order. The presiding officer's discovery rulings are subject to review under WAC 480-07-810.

(2) Sanctions for failure to comply. Any party may by motion, or the commission may on its own motion, propose that sanctions be imposed if a party fails or refuses to comply with the commission's discovery rules or an oral or written order resolving a dispute under this section. The commission may impose sanctions for such violations including, but not limited to, default, dismissal, striking of testimony, evidence, or cross-examination, or monetary penalties as provided by law.

(1) General. The commission may require((, by written notice or by oral notice on the record of the hearing,)) that all parties to, and all persons who seek to intervene in, a proceeding attend a prehearing conference. The following topics are proper subjects for discussion at a prehearing conference:

(a) Identification and simplification of the issues;

(b) The necessity or desirability of amendments to the pleadings;

(c) ((The possibility of obtaining stipulations of fact and to documents that might avoid unnecessary proof;

(g))) Establishment of a procedural schedule including, but not limited to, the need for, and timing of, ((distribution of written)) prefiled testimony and exhibits ((to the parties and the bench prior to the hearing));

(((h))) (d) Disposition of petitions for leave to intervene;

(((i))) (e) Availability of the commission's discovery rules or resolution of discovery disputes;

(((j))) (f) Resolution of pending motions; ((and

(i) Any other matters that may aid in the disposition of the proceeding, whether by commission decision or by settlement.

(2) Notice. The commission will provide reasonable notice of the time and place established for a prehearing conference and the matters to be addressed. ((The notice may provide that failure to attend may result in a party being dismissed, being found in default, or the commission's refusal to consider a later petition for intervention except upon a showing of good cause for the failure to attend.)) A party's failure to attend a prehearing conference constitutes the party's waiver of all objections to any order or ruling arising out of the conference or any agreement reached at conference, unless the party shows good cause for its failure to attend.

(3) Oral statement or written order. The presiding officer may make an oral statement on the record or may enter an order describing the actions taken at the prehearing conference and agreements among the parties concerning all of the matters considered.

(a) Objections. Parties may object to the oral statement on the record at the time the oral statement is made, or may object to any written prehearing conference order within ten days after the date the order is served. The commission will consider any objections pursuant to the procedures in WAC 480-07-810.

(b) Results. In the absence of a timely objection that the commission sustains, the results of the prehearing conference will control the course of the proceeding unless modified by subsequent order or decision of the presiding officer to accommodate the needs of the case.

(4) Prehearing conferences to facilitate evidentiary hearing. The presiding officer may require parties to attend a prehearing conference prior to an evidentiary or other hearing session, or may recess an evidentiary or other hearing session to conduct a prehearing conference.

(1) Initial hearing notice.

(a) Timing. The commission will set the time and place of the first hearing session or prehearing conference in any adjudication in a notice served to all parties at least twenty days before the hearing or conference. The commission may shorten the notice period to seven days, as provided by RCW 34.05.434. The commission will set all hearings sufficiently in advance so that all parties will have a reasonable time to prepare, considering the procedural schedule, other pending matters, and the need to minimize continuances.

(b) Provisions for appointment of interpreter. The initial notice of hearing ((must)) will state that if a limited-English-speaking or hearing-impaired party needs an interpreter, a qualified interpreter will be appointed at no cost to the party or witness. The notice will include a form for a party to indicate whether the party needs an interpreter ((is needed)) and to identify the party's primary language or hearing-impaired status ((of the party)).

(2) Notice of continued hearing sessions. (((a) Permitted forms of notice.)) When a hearing is not concluded as scheduled, the time and place for continued hearing sessions may be set:

(((i))) (a) On the record without further written notice to the parties; or

(((ii))) (b) By letter or formal notice from the presiding officer or the commission secretary ((of the commission; or

(b) Timing. There are no specific timing requirements for giving prior notice of continued hearing sessions)).

(1) Dismissal or default. The commission may dismiss a party or find a party in default for failure to appear at the time and place set for hearing. The ((presiding officer may recess a hearing for a brief period to provide an additional opportunity for the party to appear. If the party is not present or represented when the hearing resumes, the commission may dismiss the party or find the party in default. When the commission dismisses a party or finds a party in default, it)) commission will implement ((the)) any dismissal or default by a written order. When a party is found in default, the commission's order stating that finding also may ((also)) dispose of the issues in the proceeding, as provided by RCW 34.05.440.

(2) Review of order of dismissal or default. A party ((who is dismissed)) that a presiding officer dismisses from a proceeding or ((found)) finds in default may contest the order of dismissal or default by written motion filed within ten days after service of the order. A dismissed party or party found in default may request that the order be vacated and, if the order is dispositive of the proceeding, that the proceeding be reopened for further process.

(1) ((Predistribution of evidence. The commission may require parties to distribute their proposed evidence to other parties before the start of the evidentiary hearing. In general)) Filing exhibits in advance. Parties must file and serve exhibits that they intend to submit or use in the evidentiary hearing, including proposed cross-examination exhibits, in advance of the hearing. The commission or the presiding officer will establish by notice or in a prehearing conference order the number of paper copies, if any, and deadlines for filing. In rate increase proceedings for electric, natural gas, pipeline, and telecommunications companies, the petitioner must prefile its proposed direct testimony and exhibits at the time it files its rate increase request, in accordance with ((WAC 480-07-510. The commission may convene a prehearing conference shortly before a scheduled hearing and require all parties to predistribute their proposed cross-examination exhibits.

(b))) commission rules.

(a) Changes or corrections.

(i) ((Substantive corrections. Prefiled testimony may be revised to correct mistakes of fact asserted by a witness. Such mistakes may arise from a variety of causes such as scrivener's error, error in calculation, or error of misreported fact. Each party must advise all other parties of substantive corrections to any prefiled evidence as soon as the need for correction is discovered.

(ii))) Substantive changes. Parties must seek leave from the presiding officer by written motion if they wish to ((submit)) file revised prefiled testimony or exhibits that include((s)) substantive changes ((other than to simply correct errors of fact asserted by a witness)). A party proposing such changes ((may)) should submit the proposed revisions with its motion.

(((iii))) (ii) Minor corrections. A party may make minor revisions to prefiled testimony and exhibits ((may be made)) to correct typographical errors, printing errors, and nonsubstantive changes (e.g., a change in a witness's address or employment) without leave from the presiding officer. Counsel should not ask a witness on the stand to ((correct obvious typographical errors in the prefiled testimony or to make more than three minor substantive corrections. If more than three minor revisions are required, parties must prepare an errata sheet or a revised exhibit for submission at least one business day prior to the hearing to show such corrections to the prefiled evidence.

(iv))) make these corrections, but must submit an errata sheet as provided in subsection (6) of this section.

(iii) Format requirements for revisions. Parties ((who)) that submit ((revisions to predistributed)) a revised version of any prefiled or previously admitted testimony or exhibits must prominently label ((them)) the documents as "REVISED" and indicate the date of the revision. The document's exhibit number also must include a lower case "r" at the end of the number using the format described in subsection (2) of this section (e.g., Exh. JQW-5HCTr). The revised portions must be highlighted, in legislative style or other manner that clearly indicates the change from the original submission. ((This practice must be followed even with minor changes that involve only one page of an exhibit. If one or more pages of)) The header or footer of each revised page in multiple page testimony or exhibit((s are revised, the header or footer of the affected pages)) must be labeled "REVISED" and indicate the date of the revision. Parties may indicate changes to spreadsheets by providing a description of the change and how the change affects other related spreadsheets. For revisions to spreadsheets, counsel must identify partial revisions by page and date when an exhibit is presented ((for identification, sponsored,)) or offered into evidence, as appropriate.

(c) Distribution at hearing. ((When a party offers)) Upon a showing of good cause for not filing and serving new exhibits, revised exhibits, or errata sheets prior to the hearing, the presiding officer may allow a party to distribute such documents at ((a)) the hearing((,)). The party must provide sufficient copies of the documents for all parties and for the commission's distribution requirements((. When the commission requires parties to predistribute their exhibits, a party may be required to establish good cause for any failure to predistribute a proposed exhibit, other than an exhibit offered solely for impeachment of the witness's testimony on the stand, or the exhibit may be excluded)) and must file the document as required in WAC 480-07-145. The presiding officer may refuse to admit into evidence any new or revised exhibits if the failure to provide them prior to the hearing impairs the ability of other parties or the commission to review and examine those exhibits during the hearing.

(2) Prefiled testimony and exhibits.

(a) Exhibit numbers((—Official record. The presiding officer will assign exhibit numbers to all prefiled testimony and exhibits at the final prehearing conference prior to hearing, or at hearing. These assigned numbers will be the exhibit numbers for purposes of the official record in the proceeding.

(b) Parties are required to mark prefiled testimony and exhibits for identification)). Parties must mark all written testimony and exhibits ((for identification)) in the upper right-hand corner of the first page prior to submission as follows:

(i) State "((Exhibit No.,)) Exh." followed by ((a blank underline. Then, on the same line, identify)) the sponsoring ((witness by including the)) witness's initials.

(ii) Place a hyphen after the witness's initials and insert a number, beginning with Arabic numeral 1 for the witness's first prefiled testimony, and sequentially number each subsequent exhibit (including any ((subsequent)) additional written testimony) throughout the proceeding.

(iii) Place the capital letter "C" immediately after the number if the testimony or exhibit includes information asserted to be confidential under any protective order that has been entered in the proceeding (or "HC" if the document includes information asserted to be highly confidential under the protective order).

(iv) Place the capital letter "T" after the number and "C" or "HC," if applicable, if the exhibit is a witness's prefiled testimony.

For example, John Q. Witness's prefiled testimony and accompanying exhibits must be marked as follows:

(c))) (b) List of exhibits, table of contents, and summary of testimony. ((Each witness must present a short summary of his or her prefiled testimony on the opening page or two of the testimony. Counsel or other party representative will be expected to ask as a foundation question when the witness takes the stand the subjects that will be covered by the witness. This foundation question should request, and the witness's response should include, only a statement of the subject(s) to be covered by the witness (e.g., rate of return on equity, cost of debt, prudence) and not a summary of the witness's positions on the subject(s) identified)) The prefiled testimony of each witness must include a list of exhibits that accompany that testimony. Testimony that exceeds ten pages in length must include a table of contents and a short summary at the beginning of the testimony.

(((d))) (c) Form of testimony and exhibits. All prefiled testimony and exhibits must be paginated((. In addition, line numbers)), and the lines on each page must be ((set out on all prefiled testimony)) numbered to facilitate transcript or exhibit references. All ((copies of)) prefiled testimony and exhibits must be ((provided on 8 1/2 x 11 inch, three-hole punched paper (oversize holes are preferred),)) double-spaced((,)) and use 12-point type((, using)) in palatino, times new Roman, or an equally legible serif font, with footnotes in the same font and of at least 10-point type, with margins of at least one inch on all sides. ((Preprinted)) Documents ((and spreadsheets)) the party did not create need not conform to these typeface and type size requirements((,)) but must be legible. All paper copies of prefiled testimony and exhibits, if required, must be provided on 8 1/2 x 11 inch, three-hole punched paper (oversize holes are preferred). Oversized documents may be used at the hearing for illustrative purposes but paper copies, if required, must be provided on 8 1/2 x 11 inch paper if offered into evidence and reduction to that format is feasible.

(((e) Submission requirements. All prefiled exhibits, both direct examination and cross-examination exhibits, must be individually separated by blank sheets with tabs.)) (3) Cross-examination exhibits. Each party must file with the commission and serve on the other parties all exhibits the party proposes to use in its cross-examination of witnesses. The presiding officer will establish in a prehearing conference order or notice the number of paper copies, if any, and deadlines for filing.

These guidelines are of a general nature and are provided to assist the presiding officer in regulating the course of the proceeding. The presiding officer may suspend or modify the guidelines or use measures not specified in this rule.

(1) Starting times. The presiding officer will strictly observe starting times ((will be strictly observed)). The proceeding may go forward in the absence of counsel, parties, or witnesses who are late. Counsel may advise the bench by message to the records center when an emergency prevents timely arrival.

(2) Appearances. ((All persons who will be representing a party in a formal proceeding must give their names and addresses in writing to the court reporter immediately before the first hearing session in which they appear.)) The presiding officer conducting the hearing or prehearing conference will require appearances to be stated orally at the initial prehearing or hearing session, and may also ask for oral appearances at subsequent sessions in the same proceeding, so that all persons attending the hearing will know the identity and interest of all parties present. If the representative has previously filed a notice of appearance or otherwise provided full contact information in a pleading filed in the docket, oral appearances shall consist of the representative's name, law firm, organization, or government entity if any, and the party the person represents. Oral appearance at hearing does not substitute for the requirement for written notice of appearance in WAC 480-07-345(2).

(3) Matters to be handled at beginning of session. Parties must notify the presiding officer no later than the start of the hearing session of any motion that a party anticipates may be presented during the hearing, such as one that may require foundation regarding the admissibility of evidence. The presiding officer will give the parties an appropriate opportunity to state and argue any motions related to evidence or to the procedural course of the hearing.

(4) ((Summary by public counsel. At the beginning of a hearing session during which the commission will hear testimony from members of the public, the commission may provide public counsel an opportunity to inform the public of the major contested issues and to state public counsel's positions on those issues. The commission will give other parties an opportunity to respond.

(5))) Evidence; exhibits; stipulations of fact. The presiding officer may receive evidence as provided by RCW 34.05.452.

(((6))) (5) Order of presentation. Evidence will ordinarily be received in the following order:

(a) Party having the burden of proof;

(b) Parties supporting the party having the burden of proof; and

(c) Parties opposing the party having the burden of proof((;

The presiding officer may direct a modified order of presentation considering the needs of the parties, the commission, ((and)) the proceeding, and the parties' preferences.

(((7))) (6) Testimony under oath. The presiding officer will administer an oath or affirmation to each witness before the witness testifies in an adjudicative proceeding. When members of the public testify, they will be sworn in the same fashion as other witnesses.

(((8))) (7) Addressing the presiding officer or witnesses. All counsel and other party representatives, including parties that are not represented, must address all comments, objections, and statements on the record to the presiding officer and not to other counsel or parties. Questions on the record that concern the substance of testimony or exhibits sponsored by a witness must be addressed to the witness and not to counsel or other ((party representatives)) parties.

(((9))) (8) Resolving matters off the record. Counsel or other party representatives who request ((off-the-record)) to have discussions with the presiding officer off the record must ask leave to go off the record and state the purpose for the request. Extended colloquies regarding procedural issues may be conducted off the record, but will be summarized for the record by the presiding officer subject to comments from party representatives.

(((10))) (9) Witness panels. The commission may direct or allow two or more witnesses to take the stand simultaneously when doing so allows a benefit, such as the integrated response to a line of questions, minimizing referral of questions from one witness to another, or comparing witnesses' positions. The presiding officer will also allow cross-examination of each witness upon matters within the witness's direct evidence.

(((11))) (10) Cross-examination. ((Counsel and other party representatives should be prepared to provide time estimates for cross-examination of witnesses.)) The presiding officer will limit cross-examination to one round unless good cause exists for allowing additional questions. Witnesses must not be asked to perform detailed calculations or extract detailed data while on the stand. Any such questions must be provided to the witness at least two business days prior to the date the witness is expected to testify, must ask the witness to provide the answer for the record later in the hearing session, or must provide an answer and ask the witness to accept it "subject to check." Witnesses must not be asked to accept information (("))subject to check((")) if the information is included in a prefiled exhibit or testimony, or is already in evidence. When a witness accepts information (("))subject to check,((")) the witness must perform the (("))check((")) as soon as ((possible)) practicable. A response given (("))subject to check((")) will be considered accurate unless:

(a) The witness ((disputes it on the witness stand or by filing an affidavit, stating reasons, within five business days following the date of receipt of the hearing transcript.

(12))) subsequently testifies during the hearing that the witness does not accept the information subject to check and explains the reasons for that position; or

(11) Redirect examination. A party whose witness has been cross-examined may conduct redirect examination of the witness on issues raised during cross-examination or examination by the presiding officer, if applicable.

(14))) (12) Transcript. Each party will bear its own costs for transcripts or tape recordings, including charges for expedited service when a party requests it. To protect valuable commercial information unique to the court reporter's work product or services and for which the court reporter charges a fee for copies, the commission will not post on its web site or provide to any parties a copy of the transcript of an evidentiary hearing until after post-hearing briefing has concluded.

(1) Designation of part of document as evidence. A party ((who)) that offers ((evidence that consists of)) only a portion of a document for admission into the evidentiary record must designate ((the)) that portion ((that is offered)) as a separate exhibit. If irrelevant matter included in the original document would unnecessarily encumber the record, the ((document will not be received in evidence, but the relevant or material matter may be read into the record, or the presiding officer may receive a copy of the excerpt as an exhibit. If only a portion is offered or received, other parties may examine the document and)) presiding officer may admit only the offered portion into evidence but will allow other parties to offer other portions ((into evidence)).

(2) ((Official)) Government records. A party may offer into evidence an official document prepared and issued by any governmental authority ((may be introduced)) that is not publicly available or readily accessible by all parties in the form of a certified copy. ((Official records contained in official publications or nationally recognized reporting service publications that are in general circulation and readily accessible to all parties may be introduced by reference, provided that the party offering the document clearly identifies the record and its source. The presiding officer may require the party offering such evidence to provide a copy for the record and to each party.

(7))) (3) Objections. Any evidence offered is subject to appropriate and timely objection. The presiding officer need not specifically ask each ((representative)) party whether that party objects to an offer of evidence or other motion or proposed action. Parties that have objections must state them. Failure to object constitutes a waiver of the right to object.

(1) Admissibility; exclusion; offer of proof. All relevant evidence is admissible if the presiding officer believes it is the best evidence reasonably obtainable, considering its necessity, availability, and trustworthiness. The presiding officer will consider, but is not required to follow, the rules of evidence governing general civil proceedings in nonjury trials before Washington superior courts when ruling on the admissibility of evidence.

The presiding officer may exclude evidence that is irrelevant, repetitive, or inadmissible, whether or not a party objects to the evidence. Parties objecting to the introduction of evidence must state the grounds for the objection at the time the evidence is offered. If the presiding officer excludes the evidence from the record, the presiding officer may ((permit)) provide the party offering ((rejected)) that evidence ((to describe briefly for the record its nature and purpose as an offer of proof. A written offer of proof may be required)) with the opportunity to make an oral or written offer of proof briefly describing the nature and purpose of the evidence for subsequent review of the presiding officer's ruling.

(2) Official notice.

(a) The commission may take official notice of:

(i) Any judicially cognizable fact((.)), examples of ((such facts)) which include, but are not limited to, the following:

(A) Rules, regulations, interpretive and policy statements, administrative rulings, and orders, exclusive of findings of fact, of the commission and other governmental agencies;

(B) Contents of certificates, permits, and licenses issued by the commission; and

(C) Tariffs, classifications, and schedules regularly established by, or filed with, the commission as required or authorized by law((.));

(ii) Technical or scientific facts within the commission's specialized knowledge; ((and))

(iii) Codes or standards that have been adopted by an agency of the United States((, or this state or of another)) or a state, or by a nationally recognized organization or association; and

(iv) Records contained in government web sites or publications or in nationally recognized reporting service publications that are in general circulation and readily accessible to all parties.

(b) The commission may, in its discretion upon notice to all parties, inspect physical conditions that are at issue and take official notice of the results of its inspection.

(c) The presiding officer will notify parties of ((material officially noticed and its source)) documents or information of which the commission takes official notice and the source of that information. The presiding officer will afford parties an opportunity to contest facts and material ((so noticed)) of which the commission takes official notice. The presiding officer may require a party proposing that the commission take official notice ((be taken)) of a document or information to provide copies of ((officially noted matter to)) that document or information for the record and to all other parties.

(1) General. The commission will receive as a bench exhibit any public comment ((filed, or otherwise)) submitted by nonparties((,)) in connection with an adjudicative proceeding. The exhibit will be treated as an illustrative exhibit that expresses public sentiment received concerning the pending matter. The commission may receive into evidence documents a member of the public presents that are exceptional in their probative value after the commission provides the parties an opportunity to respond to those documents.

(2) Public comment hearing. The commission may convene one or more public comment hearing sessions to receive oral and written comments from members of the public who are not parties in the proceeding. When the commission conducts a public comment hearing, ((the)) a presiding officer will make an opening statement explaining the purpose of the hearing and will briefly summarize the principal issues in the matter. The presiding officer will administer an oath to those members of the public ((that)) who indicate a desire to testify concerning their views on the issues. The presiding officer will call each member of the public who wishes to testify, will inquire briefly into the identity and interests of the witness, and will provide an opportunity for a brief statement ((by the party)). Typically, public witnesses may expect to have three to five minutes to make an oral statement. A public witness may supplement his or her oral statements ((may be supplemented by)) with written comments signed by the witness.