16 Tex. Admin. Code § 22.225 - Written Testimony and Accompanying Exhibits
(a) Prefiling of testimony, exhibits, and
objections.
(1) Unless otherwise ordered by
the presiding officer upon a showing of good cause, the written direct and
rebuttal testimony and accompanying exhibits of each witness shall be prefiled.
Deposition testimony and responses to requests for information by an opposing
party that a party plans to introduce as part of its direct case shall be filed
at the time the party files its written direct testimony. The presiding officer
shall establish a date for filing of deposition testimony and requests for
information that an applicant plans to introduce as part of its direct
case.
(2) Deposition testimony and
responses to requests for information that a party plans to introduce in
support of its rebuttal case shall be filed at the time the party files its
written rebuttal testimony.
(3) A
party is not required to prefile documents it intends to use during
cross-examination except that the presiding officer may require parties to
identify documents that may be used during cross examination if it is necessary
for the orderly conduct of the hearing.
(4) Objections to prefiled direct testimony
and exhibits, including deposition testimony and responses to requests for
information, shall be filed on dates established by the presiding officer and
shall be ruled upon before or at the time the prefiled testimony and
accompanying exhibits are offered. Objections to prefiled rebuttal testimony
shall be filed according to the schedule ordered by the presiding
officer.
(5) Nothing in this
section shall preclude a party from using discovery responses in its direct or
rebuttal case even if such responses were not received prior to the applicable
deadline for prefiling written testimony and exhibits.
(6) The prefiled testimony schedule in a
major rate proceeding shall be established as set out in this subsection.
(A) Any utility filing an application to
change its rates in a major rate proceeding shall file the written testimony
and exhibits supporting its direct case on the same date that such statement of
intent to change its rates is filed with the commission. As set forth in §
22.243(b) of
this title (relating to Rate Change Proceedings), the prefiled written
testimony and exhibits shall be included in the rate filing package filed with
the application.
(B) Other parties
in the proceeding shall prefile written testimony and exhibits according to the
schedule set forth by the presiding officer. Except for good cause shown or
upon agreement of the parties, the commission staff representing the public
interest may not be required to file earlier than seven days prior to
hearing.
(C) The presiding officer
shall establish dates for filing of rebuttal testimony.
(7) For electric and telecommunication rate
proceedings, the presiding officer shall establish a prefiled testimony
schedule for PURA chapter 36, subchapter D or chapter 53, subchapter D rate
cases and for cases other than major rate proceedings. In proceedings that are
not major rate proceedings, notice of intent proceedings, applications for
certificates of convenience and necessity for new generating plant, or
applications for fuel reconciliations, the applicant is not required to prefile
written testimony and exhibits at the time the filing is made unless otherwise
required by statute or rule.
(8)
For all water and sewer matters filed under TWC chapters 12 or 13, the
presiding officer shall establish a prefiled testimony schedule. The applicant
is not required to prefile written testimony and exhibits at the time the
filing is made unless otherwise required by statute or rule.
(9) Utilities filing an application for
construction of a transmission facility that has been designated by the
Electric Reliability Council of Texas (ERCOT) independent system operator as
critical to the reliability of the ERCOT system and to be considered on an
expedited basis, shall file written testimony and exhibits supporting its
direct case on the same date that the application is filed with the commission.
This requirement shall also apply to transmission lines located in other
reliability councils or administered by other independent system operators
provided such councils have a process for designation of critical transmission
lines.
(10) The times for prefiling
set out in this section may be modified upon a showing of good cause.
(11) Late-filed testimony may be admitted
into evidence if the testimony is necessary for a full disclosure of the facts
and admission of the testimony into evidence would not be unduly prejudicial to
the legal rights of any party. A party that intends to offer late-filed
testimony into evidence shall, at the earliest opportunity, inform the
presiding officer, who shall establish reasonable procedures and deadlines
regarding such testimony.
(b) Admission of prefiled testimony. Unless
otherwise ordered by the presiding officer, direct and rebuttal testimony shall
be received in written form. The written testimony of a witness on direct
examination or rebuttal, either in narrative or question and answer form, may
be received as an exhibit and incorporated into the record without the written
testimony being read into the record. A witness who is offering written
testimony shall be sworn and shall be asked whether the written testimony is a
true and accurate representation of what the testimony would be if the
testimony were to be given orally at the time the written testimony is offered
into evidence. The witness shall submit to cross-examination, clarifying
questions, redirect examination, and recross-examination. The presiding officer
may allow voir dire examination where appropriate. Written testimony shall be
subject to the same evidentiary objections as oral testimony. Timely prefiling
of written testimony and exhibits, if required under this section or by order
of the presiding officer, is a prerequisite for admission into
evidence.
(c) Supplementation of
prefiled testimony and exhibits. Oral or written supplementation of prefiled
testimony and exhibits may be allowed prior to or during the hearing provided
that the witness is available for cross-examination. The presiding officer may
exclude such testimony if there is a showing that the supplemental testimony
raises new issues or unreasonably deprives opposing parties of the opportunity
to respond to the supplemental testimony. The presiding officer may admit the
supplemental testimony and grant the parties time to respond.
(d) Tender and service. On or before the date
the prefiled written testimony and exhibits are due, parties shall file the
number of copies required by §
22.71 of this title (relating to
Filing of Pleadings, Documents and Other Materials), or other commission rule
or order, of the testimony and exhibits with the commission filing clerk and
shall serve a copy upon each party.
(e) Withdrawal of evidence. Any exhibit
offered and admitted in evidence may not be withdrawn except with the agreement
of all parties and approval of the presiding officer.
Notes
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