OAR 860-028-0070
Resolution of Disputes for Proposed New or Amended Contractual Provisions
(1)
This rule applies to a complaint alleging a violation of ORS 757.273 (Attachments to public utility and telecommunications utility facilities regulated), 757.276 (Attachments by licensees to consumer-owned utility facilities regulated), 757.279 (Fixing rates or charges by commission), 757.282 (Criteria for just and reasonable rate for attachments), 759.655 (Authority of commission to regulate attachments), 759.660 (Fixing charges or rates), or 759.665 (Considerations in determining just and reasonable rate).(2)
In addition to the generally applicable filing and contested case procedures contained in OAR chapter 860, division 001, the procedures set forth in this rule apply to a complaint that an existing or proposed contract is unjust and unreasonable.(3)
The party filing a complaint under this rule is the “complainant.” The other party to the contract, against whom the complaint is filed, is the “respondent.”(4)
Before a complaint is filed with the Commission, one party must request, in writing, negotiations for a new or amended attachment agreement from the other party.(5)
Ninety (90) calendar days after one party receives a request for negotiation from another party, either party may file with the Commission for a proceeding under ORS 757.279 (Fixing rates or charges by commission) or 759.660 (Fixing charges or rates).(6)
The complaint must contain each of the following:(a)
Proof that a request for negotiation was received at least 90 calendar days earlier. The complainant must specify the attempts at negotiation or other methods of dispute resolution undertaken since the date of receipt of the request and indicate that the parties have been unable to resolve the dispute.(b)
A statement of the specific attachment rates, terms and conditions that are claimed to be unjust or unreasonable.(c)
A description of the complainant’s position on the unresolved provisions.(d)
A proposed agreement addressing all issues, including those on which the parties have reached agreement and those that are in dispute.(e)
All information available as of the date the complaint is filed with the Commission that the complainant relied upon to support its claims:(A)
In cases in which the Commission’s review of a rate is required, the complaint must provide all data and information in support of its allegations, in accordance with the administrative rules set forth to evaluate the disputed rental rate.(B)
If the licensee is the party submitting the complaint, the licensee must request the data and information required by this rule from the owner. The owner must supply the licensee the information required in this rule, as applicable, within 30 calendar days of the receipt of the request. The licensee must submit this information with its complaint.(C)
If the owner does not provide the data and information required by this rule after a request by the licensee, the licensee must include a statement indicating the steps taken to obtain the information from the owner, including the dates of all requests.(D)
No complaint by a licensee will be dismissed because the owner has failed to provide the applicable data and information required under paragraph (6)(e)(B) of this rule.(7)
The Commission will serve a copy of the complaint upon the respondent. Service may be made by electronic mail if the Commission verifies the respondent’s electronic mail address prior to service of the complaint and a delivery receipt is maintained in the official file. Within 30 calendar days of service of the complaint, the respondent must file its response with the Commission, addressing in detail each claim raised in the complaint and a description of the respondent’s position on the unresolved provisions.(8)
If the Commission determines after a hearing that a rate, term or condition that is the subject of the complaint is not just, fair, and reasonable, it may reject the proposed rate, term or condition and may prescribe a just and reasonable rate, term or condition.
Source:
Rule 860-028-0070 — Resolution of Disputes for Proposed New or Amended Contractual Provisions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=860-028-0070.