PSC 2.20 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02. PSC 2.21(1)(1) Intervention by right. A person whose substantial interests may be affected by the commission’s action or inaction in a proceeding shall be admitted as an intervenor. PSC 2.21(2)(2) Permissive intervention. A person not satisfying the criteria of sub. (1) may nevertheless intervene in a proceeding or docket if the person’s participation likely will promote the proper disposition of the issues to be determined in the proceeding or docket and if the person’s participation will not impede the timely completion of the proceeding or docket. PSC 2.21(3)(3) Procedure. A person requesting intervention in a proceeding shall file a request no later than 60 days after the issuance of the notice of proceeding, or within a different time set by the administrative law judge at the final prehearing conference. A person requesting intervention in a docket shall file a request no later than 60 days after the opening of the docket, or within a different time set by the commission at the time it opens the docket. PSC 2.21(4)(a)(a) If a person fails to request intervention within the time prescribed in sub. (3), the person must request to intervene out of time. In acting on such a request, the commission or administrative law judge may consider all of the following: PSC 2.21(4)(a)1.1. Whether the requestor had good cause for failing to file the request within the prescribed time. PSC 2.21(4)(a)2.2. Whether any disruption of the proceeding or docket may result from permitting intervention. PSC 2.21(4)(a)3.3. If any prejudice to, or additional burdens upon, the existing parties may result from permitting the intervention. PSC 2.21(4)(b)(b) Except as otherwise ordered, a grant of an untimely request to intervene shall not be a basis for delaying or deferring any procedural schedule established prior to the grant of the request. PSC 2.21(4)(c)(c) The commission or administrative law judge may impose limitations on the participation of a late intervenor to avoid delay and prejudice to the other participants. PSC 2.21(4)(d)(d) Except as otherwise ordered, a late intervenor shall accept the record of the proceeding or docket as the record was developed prior to the late intervention. PSC 2.21 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02. PSC 2.22PSC 2.22 Representatives. A person desiring to participate in a docket, whether on his or her own behalf or as an authorized agent or attorney, shall enter an appearance in person by giving his or her name and address and the name and address of any party he or she represents and in what capacity he or she is employed by that party. PSC 2.22 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02. PSC 2.23(1)(1) How made. A party seeking an order shall make a motion. Unless made during a hearing, a motion shall be made in writing, shall state with particularity the grounds for the motion, and shall set forth the relief requested. PSC 2.23(2)(2) Responses and replies. Parties may respond to a motion no later than 10 days after service of the motion. The movant may reply to a response no later than 5 days after service of the response. PSC 2.23(3)(3) Motion to enlarge time. A motion to enlarge the time for service or filing for up to 3 days may be acted upon without awaiting a response to the motion. PSC 2.23 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02. PSC 2.24(1)(1) Methods of discovery. In an investigation or proceeding, depositions of witnesses may be taken by the commission or any party as provided in s. 196.33, Stats. In a proceeding, depositions and requests for the production of documents, data, or other information may be taken or made by the commission or any party as provided under ch. 804, Stats. PSC 2.24(2)(2) Discovery motions. Any motion pursuant to s. 804.12, Stats., shall include a certification that the movant has in good faith conferred or attempted to confer with the person subject to the motion in an effort to resolve their dispute without commission action. PSC 2.24 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02. PSC 2.25PSC 2.25 Synopsis or summary of the evidence. PSC 2.25(1)(1) Service. If the commission staff prepares a summary or synopsis of the evidence pursuant to s. 196.24 (3), Stats., commission staff shall serve it upon the parties to the proceeding. PSC 2.25(2)(2) Response. A party who wishes to respond to a synopsis or summary of the evidence shall file a statement of additional or corrected facts no later than 10 days after service of the synopsis or summary. PSC 2.25(3)(3) Argument. Neither a synopsis or summary or a response thereto shall contain argument. If a party believes that a synopsis or summary or another party’s response contains argument, the party may file a motion to strike along with its response. The commission may strike, on its own motion, any response that contains argument. PSC 2.25 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02. PSC 2.26(1)(a)(a) Parties shall indicate on the record after the close of testimony whether they desire to file briefs. The party or parties having the affirmative shall file affirmative briefs within the time set by the administrative law judge. Other parties shall file reply briefs within the time set by the administrative law judge, which may be replied to as provided by the administrative law judge. PSC 2.26(1)(b)(b) Where a party having the affirmative does not desire to file a brief but another desires to do so, the administrative law judge shall specify the time and order for filing briefs. If the administrative law judge makes no specific designation as to the time and order for filing briefs where the party having the affirmative does not desire to file a brief, all other briefs shall be filed within 15 days after date of mailing of transcript. PSC 2.26(1)(c)(c) If not specifically covered by this rule, the time and order for filing briefs shall be fixed by the administrative law judge. PSC 2.26(2)(2) Five legible, dated copies of all briefs shall be filed with the commission together with a certification showing when and upon whom copies have been served. Briefs which contain a summary of evidence or facts relied upon shall include also reference to specific pages of the record containing the evidence. PSC 2.26(3)(3) The filing of briefs in less time than allowed shall not change the due dates of remaining briefs. PSC 2.26(4)(4) Notwithstanding sub. (1), the commission may provide for oral argument in lieu of briefs under exigent circumstances. Nothing in this section prohibits the commission from requesting oral arguments in addition to briefs. PSC 2.26 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02. PSC 2.27(1)(1) Discretionary review. The commission, on the motion of a party or on its own motion, may review any order issued by the administrative law judge and any ruling of the administrative law judge made during a hearing, if the commission finds that to do so would further the proper disposition of the proceeding. PSC 2.27(2)(a)(a) A motion for review of an order must be filed no later than 10 days of the issuance of the order. Parties may respond to the motion no later than 5 days after service of the motion. A motion for review of a ruling made during a hearing shall be filed no later than the next business day after the ruling. Parties may respond to the motion no later than 2 days after service of the motion. PSC 2.27(2)(b)(b) The filing of a motion under this section does not stay the hearing or any other time period scheduled in the proceeding. PSC 2.27(3)(3) Disposition. If the commission does not issue an order with respect to a motion under this subsection within 10 days after the motion is filed, the motion is considered denied. PSC 2.27 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02. PSC 2.28PSC 2.28 Reopening. If the commission does not decide a request made under s. 196.39, Stats., within 30 days after the filing of the request, the request shall be deemed denied. PSC 2.28 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02. PSC 2.29PSC 2.29 Copies of decisions and transcripts. PSC 2.29(1)(1) Decisions. One copy of the decision in a proceeding will be furnished free of charge at the time of issuance to each party of record, except that when a party of record is represented by counsel, a copy of the decision will be furnished to counsel. When a municipal utility is a party of record to a proceeding, a copy of the decision will be furnished both to the management of the utility and to the appropriate official of the municipality free of charge at the time of issuance. Certified copies will be provided on request. PSC 2.29(2)(2) Transcripts. Proceedings in hearings will be transcribed and one copy of the transcript will be furnished each party free of charge upon request by a party on the record at the hearing. Additional copies of transcripts will be furnished upon request, and upon payment of charges in advance. PSC 2.29 HistoryHistory: CR 00-187: cr. Register June 2002 No. 558, eff. 7-1-02.
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