R.98-04-009, Proposed Decision of ALJ Steven Weissman

A Ranking of Prohibitions and Remedies

"Traffic Ticket" Strategies

Temporary Restraining Orders

Divestiture as a Remedy

Advisory Rulings

Changes to Specific Sections of Proposed Rule VIII

A. Strict Enforcement of the Rules

B. Standing

C. Procedures

C.1 Filing Complaints

C.2. Dispute Resolution Process

Designated Officer

C.2.a. Informal Resolution Period

C.2.c. Complaint-Specific Reporting Requirements

C.2.d. Commission Investigations

C.3. Informing the Commission Staff of the Results of Dispute Resolution Efforts

C.4 Steps Taken When Informal Resolution Fails

C.5. Web-Based Log of Complaints

C.6 Consumer Services Division Procedures

Other Proposed Procedures

Further Delegation to the Executive Director

An Option to Avoid Seeking Informal Dispute Resolution

Preliminary Discussions Prior to Filing a Complaint

D. Penalties

D.1. Overview of Enforcement Options

D.1.a. Terminate any transaction that is the subject of the complaint

D.1.b. Prospectively limit or restrict the amount, percentage, or value of transactions entered into between a utility and its affiliate(s) as a remedy for a violation of these rules

D.1.c. Assess such damages and penalties as described in Paragraphs 2 and 3 below

D.1.d. Enjoin conduct in alleged violation of these Rules if the conduct indicates a potential pattern of abuse or if the conduct could significantly affect market decisions

D.1.e. Apply any other remedy available to the Commission.

D.1.f. Prohibit the utility from allowing its affiliate(s) to utilize the name and logo of the utility, either on a temporary or permanent basis.

D.2. Principles to Apply to the Imposition of Fines

D.3. Fines are paid to the General Fund

D.4. and D.5 Multiple Violations

D.6. Other Penalties or Fines

Finding of Fact

Conclusion of Law