Section 15-109. COMMISSION STAFF'S ROLE IN PROCEEDINGS

 

109.1Unless otherwise provided by Chapter 1 or 2 of this title, any person or participant in any proceeding is encouraged to confer on an informal basis with the Staff of the Public Service Commission with respect to any matters within the Commission's authority to regulate.

 

109.2No person, participant, or Staff personnel shall be bound by any statement made during the course of any informal consultations, and the Commission shall not be bound by statements or positions of Staff without its expressed consent.

 

109.3Neither the Staff of the Commission nor any consultant hired by the Commission shall appear as a party to, advocate, or intervenor in any Commission proceeding.

 

109.4Individual Staff members and consultants may comment or participate in any proceeding as expert witnesses only when directed to do so by the Commission. Individual Staff members and consultants may present testimony on selected issues after the Commission makes a finding of the issues to be decided in the proceeding and a determination that testimony in addition to that presented by the parties or intervenors is required by the Commission to develop a complete record. This provision shall apply to any tariff changes, investigations, financing or rulemakings, as well as base rate proceedings.

 

109.5The appearance of individual Staff members and consultants shall be in accordance with Article VII of the Federal Rules of Evidence.

 

109.6The Commission may appoint its General Counsel or the General Counsel's designee to assist the Staff members and consultants testifying pursuant to § 109.4.

 

109.7The General Counsel or the General Counsel's designee may cross-examine all witnesses, including those testifying pursuant to § 109.4, in any proceeding before the Commission.

 

109.8Testimony filed or presented pursuant to § 109.4 shall reflect the witnesses' views on the issues. The statement of a view on an issue may include the following:

 

(a)An analysis of how that view differs from the views of other witnesses in the proceeding;

 

(b)An analysis of prior Commission decisions; and

 

(c)An analysis of how such decisions relate to the views of the testifying witnesses and the other witnesses in the proceeding.

 

109.9Staff members and consultants presenting testimony pursuant to § 109.4 may file rebuttal testimony.

 

109.10Neither prehearing nor post-hearing briefs shall be filed by Staff in any Commission proceeding, unless otherwise directed.

 

source

Final Rulemaking published at 28 DCR 2984, 2993 (July 3, 1981); as amended by Final Rulemaking published at 33 DCR 891 (February 14, 1986); by Final Rulemaking published at 42 DCR 2340 (May 12, 1995); by Final Rulemaking published at 39 DCR 5117, 5118 (July 10, 1992); and by Final Rulemaking published at 43 DCR 29 (January 5, 1996), effective January 22, 1996.