Bill > S09976

This bill allows parties in rate proceedings before the Public Service Commission (PSC) to request that specific issues they raised in their initial testimony be excluded from settlement discussions, a process where parties negotiate to resolve issues and potentially reach a "joint proposal" or settlement agreement. A "moving party" can file a motion to "sever" (separate) these "substantive issues" from settlement negotiations, which are typically organized by the PSC's department and aim to resolve all or some issues in a rate proceeding. If the motion is granted by an administrative law judge or the PSC through "interlocutory review" (a request to review a judge's ruling), these severed issues can only be discussed in settlement for an initial 60-day period, after which they must be resolved through the formal "litigation process" (hearings, discovery, etc.) unless the moving party agrees to waive their right to severance. The bill defines "joint proposal" as a negotiated settlement signed by two or more parties, "interlocutory review" as a motion to the commission for review of a judge's ruling, "party" as any participant in a rate proceeding except the department or the utility, "settlement process" as formal negotiations to resolve issues, and "substantive issue" as an issue in testimony containing factual or legal allegations that could be material to the resolution of the case, excluding purely conclusory statements. This change aims to ensure that issues with significant evidentiary or legal claims are not prematurely resolved in private settlement discussions and can be fully litigated if necessary.