PUC Joint-Use Dispute Resolution Process Oregon Public Utility Commission Safety & Reliability Section

2 Types of Disputes 1.Plans of Correction 2.Factual 3.Rental Reduction 4.Rental Reduction Denials 5.Pole Attachment Rate Complaints

3 1. Dispute Over Plans of Correction Emphasis Intended to be a short process No factual dispute – get items corrected ( ) agree on facts of the case

4 JUA/PUC Dispute Resolution Process (Plans of Correction) Dispute goes to JUA and resolved Does not go to PUC Dispute goes to JUA and not resolved Goes to PUC to begin process Includes records from JUA Dispute can go directly to PUC without going to the JUA Process is “in addition to, not in lieu of” the Commission dispute resolution process.

5 PUC Dispute Resolution Process (Plans of Correction) Staff may: Request records from JUA Formal/informal discussions Teleconference discussions Dismiss if incomplete Requestor must: Provide records/evidence Make case Staff receives request (15 days) Recommended Order from Staff

6 PUC Dispute Resolution Process (continued) Disputes should be resolved within 7 weeks Recommended Order sent to parties Comments received (15 days max) Commission issues Final Order Parties receive Recommended Order (15 days max) Submit Comments to Commission

7 2. Factual Disputes Imposition of appropriate sanctions Unreasonable delays to obtain Permit Contract approval ( )

8 JUA Factual Dispute Process Must go to JUA first Either party may request Notice to JUA & other party required Not resolved within 90 days Either party can request hearing before Commission and order

9 JUA Factual Dispute Process (continued) Get records & complete case Upon Receipt (30 days max) Staff recommended order Proposed Order sent to parties Comments received from both parties (30 days max) Commission issues Final Order Receipt of recommended order (30 days max) Written comments

10 3. Rental Reduction Disputes-Process Request to JUA for hearing cc Pole owner OPUC – Response to Pole Owner Denial of reduction response cc to PUC with copy of original notice ( ) Licensee dispute responses Either or Both Notification-loss of reduction to licensee Specific evidence (showing) required See (4)(1)(a) through (c)

11 Commission Process Upon Receipt (30 days max) Staff recommended order *Licensee must pay portion of rental fees not in dispute to the pole owner w/o delay (30 days max) Commission Final Order issued Order sent/received Order received (30 days max) Written comments due

12 4. Rental Reduction Denial from PUC Notify parties – pole owner(s) & licensee with evidence & staff recommended order Offer written response opportunity/conference Specific evidence (showing) required Process not detailed in rule 1. Prepare Public Meeting Memo/schedule item 2. Public Meeting with opportunity for comments 3. Commission Order / Notification to parties ~30 days

13 5. Pole Attachment Rate Complaints to PUC ( ) Contact Consumer Services FAX Question: Does the attachment rate specified in your current contract prevail? Informal

14 5. Pole Attachment Rate Complaints to PUC ( ) 2. Administrative Hearings notifies Pole Owner Initial Response from Pole Owner Formal 1. File Complaint Form with Consumers Services Identify the issues Cite specifics (rules, etc.) Propose outcome 15 days

15 5. Pole Attachment Rate Complaints to PUC (continued) 3.Pre-hearing conference set Issues/schedule 4.Hearing(s) Burden of proof on Complainant Preponderance of evidence 5.Final Order issued

16 Effective Date All new construction has to comply NOW! Contracts Permits NESC Get it cleaned up before 2003? Start NOW Partner with all joint-users possible

17 People Schedules Rules NESC Policies

Contacts: John Wallace, Util. Analyst Safety & Reliability Section Oregon Public Utility Commission (503) Bob Sipler, Util. Analyst Safety & Reliability Section Oregon Public Utility Commission (503) Gary Putnam, Util. Analyst Safety & Reliability Section Oregon Public Utility Commission (503) Jerry Murray, Manager Safety & Reliability Section Oregon Public Utility Commission (503) FAX