III. Commission Rules Regarding Settlements

Rule 51 defines the term "settlement" in Commission proceedings, including complaints, as "an agreement between some or all of the parties to a Commission proceeding on a mutually acceptable outcome to the proceedings." (Rule 51(c).) A contested settlement is one that is opposed in whole or part by any of the parties to the proceeding. (Rule 51(e).) Rule 51.1 (a) states that:

Parties to a Commission proceeding may stipulate to the resolution of any issue of law or fact material to the proceeding, or may settle on a mutually acceptable outcome to the proceeding, with or without resolving material issues. Resolution shall be limited to the issues in that proceeding and shall not extend to substantive issues which may come before the Commission in other or future proceedings.

Rule 51.1(b) states that:

Prior to signing any stipulation or settlement, the settling parties shall convene at least one conference with notice and opportunity to participate provided to all parties for the purpose of discussing stipulations and settlements in a given proceeding. Written notice of the date, time, and place shall be furnished at least seven (7) days in advance to all parties to the proceeding. Notice of any subsequent meetings may be oral, may occur less than seven days in advance, and may be limited to prior conference attendees and those parties specifically requesting notice.

Rule 51.1(e) states that:

The Commission will not approve stipulations or settlements, whether contested or uncontested, unless the stipulation or settlement is reasonable in light of the whole record, consistent with law, and in the public interest.