Rhode Island Code of Regulations
Title 810 - Public Utilities Commission
Chapter 00 - General Administration
Subchapter 00 - N/A
Part 1 - Rules of Practice and Procedure
Section 810-RICR-00-00-1.25 - Stipulations and Settlement Offers

1. The parties may stipulate as to any relevant matters of fact or the authenticity of any relevant documents. Such stipulations may be received in evidence at a hearing, and when so received in evidence at a hearing, shall be binding on the parties with respect to the matters therein stipulated.

2. Stipulations shall conform to the applicable requirements of §§ 1.6 and 1.8 of this Part, except stipulations made orally on the record during hearings.

1. Any party to a proceeding may submit an offer of settlement at any time. The offer must be filed with the Clerk, who will transmit the offer to the Commission. An offer of settlement must include:

2. Settlement agreements reached at a very early stage in a proceeding, before the establishment of an adequate evidentiary basis, must be supported by the proponents' placing the details of the agreement into the record, including its underlying rationale.

3. The failure of all parties to agree to or execute a settlement document should not be fatal to an otherwise reasonable settlement. However, nonsignatory parties must have the right to fully present their evidence and legal arguments and cross-examine all pertinent witnesses of other parties, for the purpose of presenting and litigating the contested issues. A party who does not sign settlement documents may not defeat or challenge a settlement simply by refusing to sign the document.

4. If the Commission determines that any offer of settlement is contested in whole or in part by any party, the Commission may decide the merits of the contested settlement issues, if the record contains substantial evidence upon which to base a reasoned decision, or the Commission determines there is no genuine issue of material fact.

5. The Commission is not bound by settlement agreements, and it will independently review any settlement proposed to it to determine whether the settlement is just, fair and reasonable, in the public interest, or otherwise in accord with law and regulatory policy. When a settlement agreement is presented for decision, the Commission may accept the settlement, reject the settlement, or state additional conditions under which the settlement will be accepted. If the Commission rejects the settlement or if the Commission's conditional acceptance of the settlement is rejected by the parties to the settlement, the matter shall continue, as though no settlement had been presented, and the settlement shall be deemed withdrawn.

6. An offer of settlement that is not approved by the Commission is not admissible in evidence against any participant who objects to its admission. Any discussion of the parties with respect to an offer of settlement that is not approved by the Commission is not subject to discovery or admissible in evidence against any participant who objects to its admission.