| (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.
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