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RULE §1.56Alignment of Municipal Intervenors for Purposes of Discovery

(a) This section applies to proceedings initiated pursuant to Texas Utilities Code, §103.055 and §104.102.

(b) Municipal intervenors, whether participating as a single municipality or a coalition of municipalities, are presumed to share a common interest in a proceeding such that alignment of municipal intervenors as a single party for purposes of discovery is appropriate. The examiner shall order alignment of municipal intervenors at the earliest reasonable opportunity so as to avoid unnecessary duplication of effort and to allow aligned parties an adequate opportunity to coordinate discovery efforts in an efficient manner.

(c) To overcome the presumption of alignment, a municipality or municipal coalition must file a motion to realign in whole or in part. In ruling on such a motion, the presiding officer shall consider whether good cause exists to grant the motion to realign in whole or in part including consideration of the following:

  (1) whether the municipal intervenors are taking opposing positions regarding the utility's request for relief;

  (2) whether the municipal intervenors have sufficiently different positions on one or more issues to justify realignment on such issues;

  (3) whether granting the motion will create unnecessary inefficiencies or duplication of effort;

  (4) whether granting the motion will result in undue costs to the parties;

  (5) the effect of granting the motion on the parties and the public interest;

  (6) whether granting the motion will serve the interest of justice; and

  (7) any other relevant factors as determined by the presiding officer.

Source Note: The provisions of this §1.56 adopted to be effective August 21, 2017, 42 TexReg 4131

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