XX. Settlements

We propose to delete the distinction between "settlements" and "stipulations," as this distinction serves no useful purpose. The Commission entertains both partial and comprehensive settlements, and the rules governing the proposal and consideration of both types of settlements are the same. The remaining definitions in Rule 51 are either adequately defined elsewhere ("party") or not reasonably subject to misinterpretation ("Commission proceeding," "contested" and "uncontested"); we therefore propose to delete the rule.

As currently written, Rule 51.10 applies the settlement rules only to formal proceedings involving gas, electric, telephone, and Class A water utilities. The rule permits parties to move for waiver of settlement rules, where all parties join in the proposed settlement, supported by a showing that the public interest will not be impaired by such waiver. The rule also permits parties to move to apply the settlement rules to proceedings to which the rule does not otherwise apply, supported by a showing that it is in the public interest to apply the rules.

We propose to amend Rule 51.10 to (1) apply the settlement rules to formal proceedings regarding all industries, and (2) to provide that parties may move for waiver of the rules upon a showing that such waiver is in the public interest, without regard to whether all parties join in the proposed settlement. This amendment provides a uniform and consistent presumption that the settlement rules are reasonable and in the public interest, and that the burden is on the party seeking waiver to demonstrate that particular circumstances warrant the exception.

Rule 51.5, as currently written, provides that replies to comments may be filed 15 days after comments are filed. This can cause confusion when multiple comments are filed, and some are filed before the deadline for filing comments. We propose to amend this rule to permit replies to be filed up to 15 days after the last day of filing comments, rather than after the comments are filed. This proposed modification will avoid the burdensome potential for requiring parties to prepare multiple, staggered replies.