Orders and Post-Order Process

1
Orders and Post-Order Process

• Types of Orders
• Relationships Among Orders
• Review, Clarification, Reconsideration and
  Rehearing

2
WAC 480-07-800General definitions

• Orders are entered when signed and are
  usually, but not necessarily, served on the
  same day
• Orders are effective when entered, unless
  another effective date is specified in the order
• Timelines for review or appeal run from the
  service date

3
WAC 480-07-810Interlocutory Orders

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

4
WAC 480-07-810(Review of Interlocutory Orders)

• Any party may petition for review of an
  interlocutory order within ten days after service
  of the order
• Answers must be filed within ten days after the
  petition is filed
• Interlocutory review is discretionary with the
  commission

5
WAC 480-07-820Initial and Final Orders

• Initial Orders are those signed by an ALJ that
  resolve contested issues, subject to Commission
  review
• Parties can expressly waive their right to an
  Initial OrderCommission may accept or reject
  waiver
• Sixty-day timeline for Initial Orders

6
WAC 480-07-820Initial and Final Orders

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

7
WAC 480-07-825Initial Orders-Petition for Review

• A party may file a petition for administrative
  review of an Initial Order to challenge
• Finding of Fact
• Conclusion of Law
• Remedy
• Result
• Reasoning
• Deadlinetwenty days after the Initial Order is
  served

8
WAC 480-07-825Initial Orders-Answer to Petition
for Review

• An Answer may state
• Opposition to the Petition
• Support for the Petition
• Additional points for review
• DeadlineTen days after Petition is filed

9
WAC 480-07-825Initial Orders-Reply to Answer to
Petition for Review

• By right, if new issues are raised by an Answer
• By leave of Commission on sufficient showing
• DeadlineFive days after Answer is served

10
WAC 480-07-825Initial Orders-Commission
Disposition on Review

• The Commission may hear oral argument
• The Commission will enter a Final Order adopting,
  modifying, or rejecting an Initial Order after
  reviewing the Initial Order and any petitions for
  review, answers, replies, briefs, and oral
  arguments, and the record or may remand for
  further proceedings before the ALJ

11
WAC 480-07-835 Motion To Clarify vs. WAC
480-07-850 Petition for Reconsideration

• Clarification
• Party does not seek to change the outcome with
  respect to any issue
• To enhance compliance
• To suggest technical changes
• To correct patent error
• To correct obvious or ministerial errors

• Reconsideration
• Party seeks to change the outcome with respect to
  one or more issues
• May include request for clarification
• Does not automatically stay the effect of the
  Order
• Not a prerequisite to judicial review

12
WAC 480-07-835 Motion To Clarify and WAC
480-07-850 Petition for Reconsideration
Procedural Requirements

• Motion or Petition within ten days after the
  Final Order is served
• No Response or Answer unless allowed by
  Commission Notice
• No oral argument unless required by Commission
  Notice

13
WAC 480-07-840Clarification Conference

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

14
WAC 480-07-860  Stay

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

15
WAC 480-07-870  Rehearing

• Any person affected by a Final Order may file a
  petition for rehearing. Public service companies
  may seek rehearing under RCW 80.04.200 or
  81.04.200.

16
WAC 480-07-875  Amendment, Rescission, or
Correction of Order

• The Commission may alter, amend, or rescind any
  order that it has entered, after notice to the
  public service company or companies affected and
  to all parties in the underlying proceeding, and
  after allowing an opportunity for hearing as in
  the case of complaints

17
WAC 480-07-875  Amendment, Rescission, or
Correction of Order

• The Commission may act on its own initiative or
  on the motion of any party to correct obvious or
  ministerial errors in orders
• The time for any available post-hearing review
  begins with the service of the correction, as to
  the matter corrected