HEARING STRATEGY. Interveners. Panel Members. Staff

Transcription

1 July 2,

2 HEARING STRATEGY Interveners Application Preparation Application Filing IRs or Information Requests Technical Conference Settlement Conference Hearing Preparation The Hearing Staff Panel Members July 2,

3 Applicant Identify the issues and left-over regulatory directions Consider the evidence requirements: Studies, internal team, outside experts. Assess the climate: Regulatory and legislative policy changes Elections, regulatory structural change Assess the timing issues July 2,

4 Applicant Wait for a complete, up-to-date application, or when time is urgent, file enough to have it accepted, file updates when they are available. Commission/Board Don t accept it unless it is substantially complete Minimum filing requirements met; and Sufficient for public notice. Incomplete applications cause delays and disputes. July 2,

5 Applicant Avoid controversial or ground-breaking concepts Know and emphasize your key messages Review and edit to ensure the application is: Complete, Understandable and Convincing. Commission/Board Staff If procedures permit, review the application with the applicant (This will provide a much better understanding of the application) Look for: Impacts of requests on stakeholders and the regulator; Controversial or new concepts; Jurisdictional issues; Regulatory policies at play in the application; Any additional evidence possibly needed by the Board/Commission. July 2,

6 Commission/Board Staff (IRs) Complete the record for the hearing Delve into policy, jurisdictional, controversial issues Interveners (IRs) Complete your understanding of important issues Discover facts not previously provided Test the credibility of the evidence Search out application weaknesses July 2,

7 Applicant (Responses) Answer interrogatories completely, yet concisely Be helpful and factual in your response Don t provide more than asked, unless it benefits your case Quote or reference pre-filed evidence don t summarize or paraphrase. Reinforce key messages whenever practical Identify areas of greatest interests among interveners Make sure responses are very thoughtful, well edited and hopefully non-controversial July 2,

8 Commission/Board Staff Facilitate the process Maintain objectivity and neutrality Resolve any remaining questions for staff Complete the record for all parties and the Board Interveners Ensure you understand the details of the evidence Search out application and witness weaknesses Set-up flaws for exploitation in the Settlement Conference and/or the Hearing Don t give away your cross-examination tactics at this stage July 2,

9 Applicant Provide an opening statement to: Set the stage for the dialogue Provide the key messages in the application Clarify any remaining questions, often left over from IRs Avoid providing anything more than the questioner requires Avoid lengthy and complicated undertakings, if possible. Consider strategies for emphasizing or introducing important evidence Look for themes of interest to parties that may resurface through settlement or the hearing Try to identify and assess intervener tactics for cross-examination July 2,

10 Commission/Board Staff (Role may be Changing) Avoid taking or expressing a position Remain neutral and objective Avoid speaking for the Board Panel Applicant Make opening remarks about the application (your opening offer) Know your limits and authorities Know your weaknesses Know the interests of each party Know your Gives-to-get Interveners Ask any additional clarification questions Highlight the application weaknesses Make an opening proposal July 2,

11 Ontario Energy Board (OEB) is opening the door to a Changing Role for Staff in Settlement Conferences Primary Role: Ensure all relevant information is considered in negotiations Present options or alternates to parties Advise parties on strengths and weaknesses of their proposals Offer their opinion regarding the sufficiency of the rationale supporting the settlement. With Board approval, act as a Party to the settlement. When not a Party to the Settlement, staff will: File a submission to the Board Panel providing their comments regarding: Whether the settlement is in the public interest; and Whether the accompanying explanation or rationale is adequate; While maintaining confidentiality standards. July 2,

12 Applicant Train witnesses for both technique and evidentiary knowledge Strategically establish witness panel order and make-up Ensure key messages are understood Prepare an opening statement, when applicable. Interveners Evaluate the need for preliminary motions or threshold questions Plan tactics to expose deficiencies in evidence and witness credibility Coordinate your cross-examination with other interveners Prepare a compendium of exhibits (pre-file) to be referenced in cross July 2,

13 Commission/Board Staff Verify transcription services, facilities and support equipment Organize the Board Member s materials Identify preliminary matters for the Panel s consideration Prepare to advise Panel on jurisdictional, policy and legal matters Prepare your cross-examination. Commission/Board Panel Members Review the Application, focus on: Key exhibits associated with major issues and impacts; Key interrogatory responses; and Tech conference transcripts. Review any related regulatory policies and decisions Understand your jurisdictional framework and mandate Be aware of any lingering regulatory history with the Applicant Know what you need to decide July 2,

14 Commission / Board Commence in a timely way, (to lead by example). Ensure that the technical requirements are met for a fair and transparent hearing Support/promote the use of pre-filed compendiums of exhibits Establish expectations for timelines for oral examination Applicant Make an Opening Statement Provide key messages and hearing roadmap ; Have witnesses ready and available early to avoid unnecessary delays Have a non-counsel person present to assist witnesses while on the stand. Interveners Coordinate cross-examination with other parties to assist the panel Effectively prepare your cross-examination to make best use of your time July 2,

15 Commission / Board Provide Counsel for Parties with any specific requests for arguments: Are there specific questions or issues that the Commission/Board needs to have addressed? Establish the schedule for arguments and the methodology for arguments (written, oral, etc.) Inform Parties if the decision will be anything other than Written Decision with Reasons. Provide some expectation for deliberations and the timing for Decision release. ADJOURN July 2,

16 Questions? July 2,