ORDER NO. 95-920

ENTERED SEP 8 1995

THIS IS AN ELECTRONIC COPY

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UE 92

DISPOSITION: ORS 756.500 COMPLAINT DISMISSED

On July 10, 1995, the Low-Income Consumers Union (LICU) and Wilma and Ernest Apodaca filed complaints and a petition to intervene in this proceeding. The complaints are based on ORS 756.500 and 757.210. The Hearings Officer granted the requested party status in a ruling dated July 26, 1995.

On July 14, 1995, Commission staff filed a Motion to Dismiss the ORS 756.500 complaint. Staff’s motion is based upon the conflict between ORS 756.500, which places the burden of persuasion on the complainant, and ORS 757.210, which places it on the company. Staff argues that this inconsistency makes it unworkable for the Commission to conduct a proceeding under both statutes. LICU and the Apodacas did not respond to staff’s motion.

This is not a new issue for the Commission. We have previously indicated

we will not conduct a proceeding under conflicting burdens of proof. See UM 564, Order No. 94-771 (dismissing alternative complaints under ORS 756.500), and UM 768, Order No. 95-785. The same reasoning applies here. The motion should be granted.

ORDER

IT IS ORDERED that the ORS 756.500 complaint filed by the Low-Income Consumers Union and Wilma and Ernest Apodaca is dismissed.

Made, entered, and effective ________________________________________.

A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this order. The request must comply with the requirements in OAR

860-14-095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-13-070(2)(a). A party may appeal this order to a court pursuant to ORS 756.580.

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