Recommending a Strategy

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PUC Joint-Use Dispute Resolution Process
Oregon Public Utility CommissionSafety
Reliability Section
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Types of Disputes

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

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1. Dispute Over Plans of Correction
(860-22-0210) agree on facts of the case

• Emphasis
• Intended to be a short process
• No factual dispute get items corrected

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JUA/PUC Dispute Resolution Process (Plans of
Correction)
Process is in addition to, not in lieu of the
Commission dispute resolution process.

• 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

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PUC Dispute Resolution Process(Plans of
Correction)
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PUC Dispute Resolution Process (continued)

• Recommended Order sent to parties

• Disputes should be resolved within 7 weeks

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2. Factual Disputes
(860-22-0220)

• Imposition of appropriate sanctions
• Unreasonable delays to obtain
• Permit
• Contract approval

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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

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JUA Factual Dispute Process (continued)

• Get records complete case

• Proposed Order sent to parties

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3. Rental Reduction Disputes-Process
(860-22-0230)

• Notification-loss of reduction to licensee
• Specific evidence (showing) requiredSee
  (4)(1)(a) through (c)

Licensee dispute responses

• 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

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Commission Process

• Order sent/received

Licensee must pay portion of rental fees not in
dispute to the pole owner w/o delay
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4. Rental Reduction Denial from PUC
Specific evidence (showing) required
Process not detailed in rule

• Notify parties pole owner(s) licensee with
  evidence staff recommended order
• Offer written response opportunity/conference

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5. Pole Attachment Rate Complaints to PUC
(860-022-0055)
Question Does the attachment rate specified in
your current contract prevail?
Informal

• Contact Consumer Services
• 1-800-522-2404
• FAX [phone]

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5. Pole Attachment Rate Complaints to PUC
(860-022-0055)
Formal

• File Complaint Form with Consumers Services
• Identify the issues
• Cite specifics (rules, etc.)
• Propose outcome

• Administrative Hearings notifies Pole Owner
• Initial Response from Pole Owner

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5. Pole Attachment Rate Complaints to PUC
(continued)

• Pre-hearing conference set
• Issues/schedule
• Hearing(s)
• Burden of proof on Complainant
• Preponderance of evidence
• Final Order issued

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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

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Questions?
NESC
Policies
People
Schedules
Rules
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