| Parties, Interested Persons, Service Lst |
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There are two types of participants in Commission contested case proceedings: parties and interested persons. The participant’s status determines how they may participate and what information they will receive as the case progresses. AHD maintains a service list for each Commission docket. The list is used by both the agency and other parties when filing case materials. The service list helps ensure that the Commission and parties meet legal notice requirements when serving case documents.
Party v Interested Person
In all dockets except rulemaking (AR) proceedings, case participants are divided into two classes: "Party" or "Interested Person."
Party: Party status gives the individual certain rights in the case, such as the ability to present testimony, cross-examine other parties, file briefs, and request judicial review of Commission orders. The party also receives case related materials, which other parties submit to the Commissioners or ALJ. Similarly, the party must serve copies of its own submissions on other parties. A party does not have to serve copies of its submissions on interested persons.
Parties must submit to the Commission an original together with the specified number of paper copies in a utility proceeding. See OAR 860-013-0060.
Certain entities are parties as of right in Commission cases. The Commission Staff generally has party status in most cases. Pursuant to ORS 774.180, the Citizens’ Utility Board (CUB) has a right to intervene simply by filing a notice. Some individuals are automatically granted party status, such as a complainant and utility in a formal consumer complaint (UCR/UCB) docket, or an affected local exchange carrier in a Competitive Provider (CP) docket.
Before the final taking of evidence, other persons may intervene as a party in a proceeding with a showing of sufficient interest. The requirements for petitions to intervene are found in OAR 860-012-0001. The petition must contain the following information:
- The name and address of the petitioner;
- The name and address of the attorney or authorized representative of the petitioner;
- If the petitioner is an organization, the number of members in and the purposes of the organization;
- The nature and extent of the petitioner's interest in the proceeding;
- The issues petitioner intends to raise at the proceeding; and,
- Any special knowledge or expertise of the petitioner, which would assist the Commission in resolving the issues in the proceeding.
The Commission allows intervention if the petitioner has sufficient interest in the proceeding and the petitioner's appearance and participation will not unreasonably broaden the issues, burden the record, or unreasonably delay the proceeding. The Commission may impose appropriate conditions upon any intervenor's participation in the proceeding.
Interested Person: A person who does not want the rights and responsibilities of a party may ask to be placed on the service list as an interested person. These individuals do not have the right to actively participate in the docket, but will receive copies of any public documents that AHD generates, such as notices, rulings and orders. (Note: Other parties only need to serve other parties in the docket, not interested persons.)
Service Lists
A party is allowed to place only two names from each party, interested person, or rulemaking participant on the service list, unless a party waives paper service. See OAR 860-013-0070(4). All requests to modify a party entry on a service list (adding, modifying, or deleting names or addresses) must be made in writing to the ALJ with copies to the service list. The Commission limits the number of names on the service because of the onerous copying and mailing obligation that a large list places on other parties to the case.
The agency website eDockets feature does not list interested persons on the service list. Rather, it provides only the names of parties to the docket. In AR dockets, there is usually no reference of any "party" or "interested persons" designation.
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