PUC Routing/CCN FAQs

If I choose to hire an attorney, should I hire an attorney that has handled PUC matters?

Yes, it is important for intervenors that choose to hire attorneys to hire a attorney that has experience handling a contested PUC matter. PUC cases are unique and very different from a normal trial.

Is it really worth intervening in a PUC case if I own property crossed by a potential route?

Yes, if a landowner fails to timely intervene, they will not be a party to the PUC proceeding and the other parties could reach a consensus or settlement route without the landowner’s permission.

Is it necessary for a landowner to hire counsel on a PUC case?

Some intervenors try to navigate through the PUC proceeding without a attorney. However, PUC proceedings are extremely complicated. There are unique procedural rules and very tight deadlines that make it difficult for a landowner intervenor to effectively protect his or her interests on their own.

Is it okay for my attorney to represent more than one landowner in a PUC proceeding?

Yes, but you need to be careful. It is very common for attorneys in PUC proceedings to represent multiple intervenors. It is also very common for intervenors to form groups or “alliances.” However, the PUC process can present “legal conflicts” between individual intervenors depending upon the various links and routes that are presented in the utility’s application and how the case proceeds over the 6-month process.

Is making a request to intervene enough to remain a party in the PUC case?

No, there will be a specific deadline for intervenors to file written direct testimony or statements of position. If an intervenor fails to meet this deadline, he or she will likely be struck as a party to the proceeding.

Once the utility company files its application, how long does it take before a decision is made as to the selected route?

CCN matters must be resolved within 6 months of the filing of the application, but extensions can be granted.

Who makes the decision on route selection?

In most contested cases, the case will initially be assigned to a panel of Administrative Law Judges who will issue a Proposal for Decision. Parties can then file written exceptions to the Proposal for Decision and the case will then ultimately be decided by the PUC Commissioners.

What are the most important factors that the Administrative Law Judges and PUC Commissioners consider?

This depends on the specific case. In some PUC cases, the utility company’s estimated costs are an important factor. In other PUC cases, proximity of the routes to habitable structures might be more significant. In other cases, paralleling existing transmissions lines or roads might be the more significant factor.

Is it necessary to hire an expert witness in a PUC case, and what type of experts do landowner intervenor’s engage?

Sometimes. It depends on the specific case, the study area, and whether your property is crossed by the “best meets” route and/or is crossed by a route that is competitive to the “best meets” route. In many PUC cases, landowners hire routing experts that have environmental or engineering expertise that enables them to analyze and scrutinize the utility company’s application and environmental assessment report.