1. (1) At any time or concurrent with the filing of a complaint under ORS 756.500 that is not a consumer complaint filed under OAR chapter 860 divisions 021, 034, 036, or 037 disputing parties may jointly request on a form provided by the Commission the use of ADR to facilitate the informal resolution of a dispute. A request for ADR may be filed at any time.
2. (2) Upon receipt of a request for ADR, an Administrative Law Judge will be appointed to serve as facilitator as workload constraints allow. The parties may agree to hire an outside facilitator rather than seek ADR with the Commission. The parties must share equally the costs of an outside facilitator unless they mutually agree to a different payment arrangement. If an outside facilitator is used by the parties, the parties may decide to use rules governing the ADR process that are different than those contained in OAR chapter 860 division 002.

3. (3) Within seven business days of written notification that a facilitator has been appointed, each party must file directly with the facilitator and other party supporting materials. Supporting materials must not exceed five pages in length, unless otherwise agreed to by both parties, and must

   1. StartFragment (a) Explain the core issues in the dispute and provide a summary of background information, and
   2. (b) Be accompanied by reference materials intended to aid the facilitator’s understanding of the issues. Reference materials, such as an interconnection agreement or draft or partially executed power purchase agreements, will not count towards the five-page limit, and
   3. StartFragment (c) Provide the parties’ availability over the next 21 business days to participate in an ADR session. EndFragment
4. StartFragment (4) The facilitator will make best efforts to schedule an ADR session to be held within 15 business days after receiving the supporting materials. Subsequent ADR sessions may be scheduled, if both parties agree.EndFragment

5. (5) Except as provided by subsection (b), only the parties and the facilitator may attend the ADR session.

   1. (a) Unless otherwise agreed to by the parties, no more than four persons for each party may attend ADR sessions.
   2. (b) Parties may jointly request that Commission Staff participate in the ADR process. If appointed to participate, any selected Staff may not participate in adjudication of any subsequent proceedings following ADR related to the complaint. Commission Support Staff may also attend as necessary for the purpose of hosting remote meetings.StartFragment

6. (6) The ADR session is led by the facilitator, who will begin the session by introducing parties, reviewing the protocol for the session, and stating the goals for the session. At the outset of the ADR session, each party will be given time to present their view of the dispute without interruption.

   1. (a) Where appropriate, the facilitator may lead settlement discussions, engage in shuttle diplomacy between parties, or develop proposed settlement concepts after the ADR session for presentation at a subsequent ADR session.
   2. (b) If an agreement in principle is reached, the parties may request the facilitator to work with the parties to help resolve any disputes that may arise in drafting a final written settlement agreement.StartFragment
7. (7) Unless otherwise agreed to in writing by the ADR participants, all written or oral communications made in preparation for or during the ADR process, including but not limited to offers of settlement, must be kept confidential by all ADR participants and may not be used for any purpose other than participation in the ADR process.
8. (8) For purposes of ORS 192.355(4), the Commission obligates itself to protect from disclosure any document submitted in confidence during the ADR process.
9. (9) If the parties are unable to reach informal resolution, then the facilitator will promptly file a statement with the Commission concluding the ADR. If an Administrative Law Judge serves as facilitator, that same Administrative Law Judge may not preside over any related complaint and may not discuss the merits of the dispute with other Commission employees.
10. StartFragment (10) A party to an ADR process may request the facilitator provide an independent assessment of the issues and potential outcome of the case. If the facilitator agrees, the independent assessment may be provided orally or in writing and treated as privileged information that only the party requesting the assessment may disclose to others. If provided, the independent assessment reflects only the opinion of the facilitator, and it is not binding on the Commission. EndFragment

Statutory/Other Authority

ORS 756.040 & ORS 756.060

Statutes/Other Implemented

ORS 183.502

History

PUC 8-2026, amend filed 06/24/2026, effective 06/25/2026
PUC 4-2021, adopt filed 03/31/2021, effective 03/31/2021