VIII. Discussion

Rule 51.1(e) of the Commission's Rules of Practice and Procedure provides that the Commission will not approve settlements or stipulations, whether contested or not, unless they are reasonable in light of the whole record, consistent with law, and in the public interest.² As discussed below, the proposed settlement meets these criteria.

The settlement adopts revisions to the reporting requirements that clarify the means of providing the report, clarify the frequency, and consolidate reports. The settlement does not reduce the amount of information reported. In addition, the agreement is proposed by all parties to the proceeding, while reserving for ORA the right to revisit the requirements in the future NRF review. Therefore, the settlement is reasonable in light of the whole record.

The parties represent that the settlement does not contravene any statute or Commission decision. We agree. Therefore, the settlement is consistent with law.

The parties represent that there is strong public policy favoring settlements to avoid costly and protracted litigation. The settlement reduces Citizens' administrative costs, thereby making it more efficient. At the same time, it does not reduce the information received by the Commission. Therefore, the settlement is in the public interest.

In addition to the above, the following criteria are applicable to the settlement because it is an all-party settlement³:

· The settlement must command the unanimous sponsorship of all active parties to the proceeding.

· The sponsoring parties must be fairly representative of the affected interests.

· No term of the settlement may contravene statutory provisions or prior Commission decisions.

· The settlement must convey to the Commission sufficient information to permit it to discharge its future regulatory obligations with respect to the parties and their interests.

All parties propose the settlement. ORA represents the interests of all customers, and Citizens represents itself. Therefore, the affected customers and Citizens are fairly represented by the sponsoring parties. Nothing in the settlement contravenes statutory provisions or prior Commission decisions. In addition, the settlement sufficiently states the reporting requirements to enable the Commission to fulfill its future regulatory obligations with respect to the parties and their interests. Therefore, the settlement satisfies the above criteria applicable to all-party settlements.

As discussed above, the settlement is reasonable in light of the whole record, consistent with law, and in the public interest. Also, the additional criteria applicable to all-party settlements have been satisfied. Therefore, we will adopt the settlement.