Informal resolution, by agreement of the parties, of matters before the commission is encouraged as a means to:
(a)
resolve disputes while minimizing the time and expense that is expended by:
(i)
public utilities;
(ii)
the state; and
(iii)
consumers;
(b)
enhance administrative efficiency; or
(c)
enhance the regulatory process by allowing the commission to concentrate on those issues that adverse parties cannot otherwise resolve.
(2)
(a)
The commission may approve any agreement after considering the interests of the public and other affected persons to use a settlement proposal to resolve a disputed matter.
(b)
The commission shall reserve to the parties the right to maintain appropriate confidentiality in the negotiation process even when the commission uses a settlement proposal to resolve a disputed matter.
(3)
(a)
At any time before or during an adjudicative proceeding before the commission, the parties, between themselves or with the commission or a commissioner, may engage in settlement conferences and negotiations.
(b)
In accordance with this Subsection (3), the commission may adopt any settlement proposal entered into by two or more of the parties to an adjudicative proceeding.
(c)
The commission shall notify all parties to an adjudicative proceeding of the terms of any settlement proposal related to the adjudicative proceeding.
(d)
(i)
The commission may adopt a settlement proposal if:
(A)
the commission finds that the settlement proposal is just and reasonable in result; and
(B)
the evidence, contained in the record, supports a finding that the settlement proposal is just and reasonable in result.
(ii)
When considering whether to adopt a settlement proposal, the commission shall consider the significant and material facts related to the case.
(e)
(i)
The commission may adopt a settlement proposal related to an adjudicative proceeding at any stage of the adjudicative procedure.
(ii)
The commission shall conduct a hearing before adopting a settlement proposal if requested by:
(A)
any party initiating the adjudicative proceeding;
(B)
any party against whom the adjudicative proceeding is initiated; or
(C)
an intervening party to the adjudicative proceeding.
(f)
The commission shall accept or reject a settlement proposal within a reasonable time.
(4)
In cases or procedures involving rate increases as defined in Section 54-7-12, the commission may limit the factors and issues to be considered in its determination of just and reasonable rates.
Amended by Chapter 200, 2003 General Session
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