W. Va. Code R. § 150-1-19

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-1-19 - Exceptions, Reconsideration, Further Hearing, or Reopening
19.1. Exceptions.

A party may file exceptions to a recommended decision within fifteen (15) days from the date the recommended decision was mailed and shall serve a copy of the exceptions on the attorney for each adverse party or directly upon unrepresented parties. The exceptions must state the findings of fact and/or conclusion of law claimed to have been erroneously decided, and may be accompanied by a brief in support thereof.

19.1.1. Reply to Exceptions.

Within ten (10) days after such service any party may file and serve in like manner a reply to the exceptions. The reply so filed must be accompanied by a like number of copies for the use of the Commission and a certificate showing service upon the attorneys of the parties. However, the Commission may issue an order ruling on exceptions at any time after it is filed.

19.2. Application for Further Hearing.

If a party seeks a new hearing because of matters that have arisen since the hearing, or due to facts that were not known by the party at the time of the hearing, the matters relied upon by the party must be fully set forth. Applications for further hearing in a proceeding after the closing of testimony and before entry of a recommended decision, if the case is before an ALJ, or Commission order, if the case is before the Commission, must be made by petition, duly verified, filed with the Commission with a copy served on each party. Such petition shall state specifically the grounds relied upon. The nature and purpose of the evidence to be adduced must be briefly stated, and it must not be merely cumulative. The Commission may in its discretion grant the application.

19.3. Petition for Reconsideration.

Petitions for reconsideration after entry of a Commission order must be made by petition, duly verified, filed with the Commission within ten (10) days from the date of mailing of the Commission order or within the time otherwise specified by the Commission not to exceed thirty (30) days from entry of the order, with a copy served on each party. Such petition shall state specifically the grounds relied upon.

19.3.1. Within ten (10) days after service of the petition for reconsideration any party may file a reply and a certificate showing proper service. However, the Commission may issue an order ruling on the petition at any time after it is filed.
19.4. Application for Modification of order.

Application for modification of orders which seek only to correct clerical errors, change the date when they shall take effect, or change the period of notice thereby prescribed, must be made by petition filed and served in like manner as other applications under this rule, except that, in case of unforeseen emergency satisfactorily shown by the applicant, such relief may be sought informally, by facsimile or otherwise, upon notice thereof to all parties or attorneys who appeared as aforesaid.

19.5. Application for Reopening.

An application for reopening of a proceeding more than ten (10) days after the entry of a Commission order must be made by petition of a party to the proceeding at the time of entry of the Commission order, duly verified, accompanied by a certificate showing service upon the attorneys of the other parties. If thereby any Commission order is sought to be vacated, reversed, or modified, by reason of matters which have arisen since the hearing, or by reason of facts not in possession of the petitioner at the time of the hearing, the matter so relied upon by the petitioner must be fully set forth in the petition.

19.5.1. Within ten (10) days after service of a petition to reopen any party may file a reply to the application and a certificate showing proper service. However, the Commission may issue an order ruling on the application at any time after it is filed.
19.5.2. If an applicant, that has received a final Commission order granting a certificate of public convenience and necessity, files a petition to reopen seeking Commission approval of any change to the proposed project that will result in a revenue requirement higher than previously noticed to the public, the applicant must include with its petition a completed Form No. 14-A or Form No. 14.1 and will be required to provide public notice as contemplated by Rule 10.3.3.b and 10.3.3.c. The Commission may determine that particular circumstances in a case require further notice and modification of the notice contained in Form 14-A or Form No 14.1. The Commission may also determine that public notice is required if the applicant seeks to change rates within the previously noticed revenue requirement.

W. Va. Code R. § 150-1-19