ORDER NO. 96-055

ENTERED MAR 04 1996

THIS IS AN ELECTRONIC COPY

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UE 79

DISPOSITION:

APPLICATION FOR RECONSIDERATION DISMISSED;

DOCKET CLOSED

On August 28, 1995, the Utility Reform Project (URP) filed an application for reconsideration of Order No. 95-637. On October 24, 1995, the Commission issued Order No. 95-1130 ordering reconsideration of Order No. 95-637.

On January 16, 1996, URP filed a Notice of Withdrawal of its application for reconsideration based on time and resource commitments to other pending matters and on the fact that URP's counsel had been out of town and unable to make travel arrangements to return to Portland to prepare the opening brief. Portland General Electric (PGE) filed a Motion to dismiss the application for reconsideration "with prejudice."

DISCUSSION

PGE's request that the application for reconsideration be dismissed "with prejudice" is based on its claim that it and PUC staff have "wasted time and resources at URP's insistence." It argues further that URP's request is "without reasonable excuse or apology."

The Commission understands and supports PGE's desire to avoid waste of time and resources. Nevertheless, we will not grant its motion. It is in the interest of all parties, and in the public interest, to encourage parties to withdraw from a case when they determine that they should not proceed. To impose a sanction on a party wishing to withdraw might discourage such actions and would ultimately increase the burden on the other parties and on our Staff. In this case, URP has met the requirements for voluntary dismissal set out in ORCP 54 A. (1): filing of the notice of withdrawal "not less than five days prior to the day of trial . . ." The hearing in this matter was set for February 13, 1996. Under that rule, dismissal in such cases is "without prejudice."

The Commission concludes that there is no reason for considering this matter further and that the application for reconsideration should be dismissed and the docket closed.

ORDER

IT IS ORDERED that the application for reconsideration of Order No. 95-637 by the Utility Reform Project is dismissed and the docket closed.

Made, entered, and effective______________________________.