Or. Admin. R. 860-250-0030 - Functionally Equivalent Service Determinations

(1) A petition requesting that the Commission make a determination regarding whether a service is a functional equivalent as provided for in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(ii) will be governed by ORS 756.500 to 756.610 and the generally applicable filing, contested case, discovery, and protective order procedures contained in OAR chapter 860, division 001, and the requirements set forth in this rule.
(2) A petition under section (1) of this rule must conform with the requirements of OAR 860-001-0400(1) and (2) and must include the following additional information to the extent relevant information is available to the petitioning party:
(a) A detailed description of the service at issue.
(b) A detailed explanation of why the service at issue is or is not a functional equivalent of the service described in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(i). To the extent possible, this explanation should include the following:
(A) a description of the technical differences between the service at issue and the service described in Oregon Laws 2018, Chapter 88, Section 1(1)(a)(A)(i);
(B) a description of or examples of how the service at issue is marketed to customers, including available marketing materials;
(C) a description of or examples of how the service at issue is described to or by other third parties, such as standards bodies; and
(D) a description or copy of an example customer service agreement for the service at issue.
(c) Any public body, contract, or request for proposal (RFP) to which the petition relates. If applicable, the petition should include contact information for any public body identified and a description of the current status of and timeline for the affected contract or RFP. If the pleading relates to a procurement or contracting dispute, the petition should also identify any negative determination made by the relevant public body and indicate whether any applicable procurement appeal process was utilized.
(d) Any parallel or related proceedings pending in any forum, if known.
(e) A request for an appropriate protective order, as needed.
(3) A response to a petition filed under sections (1) and (2) of this rule must conform with the requirements of OAR 860-001-0400(3) and (4)(a) and must respond to or supplement the information identified in section (2) of this rule to the extent relevant information is available to the responding party.

Notes

Or. Admin. R. 860-250-0030
PUC 9-2018, adopt filed 12/27/2018, effective 1/1/2019

Statutory/Other Authority: ORS Ch. 183, 756, 2018 OL Ch. 88

Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(1)(a)(A)(ii)

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