2002-203O INANC NO.
AN ORDINANCE APPOINTING MUNICIPAL JUDGE, ROBIN RAMSAY, AS
ADMINISTRATIVE LAW JUDGE FOR DISCOVERY PURPOSES AND DELEGATING TO
THE ADMINISTRATIVE LAW JUDGE THE AUTHORITY TO PREPARE DISCOVERY
GUIDELINES IN THE PROCEEDING ENTITLED "TXU GAS DISTRIBUTION
STATEMENT OF INTENT TO INCREASE RATES 1N THE NORTH TEXAS METROPLEX
DISTRIBUTION SYSTEM"; PROVIDING THE ADMINISTRATIVE LAW JUDGE THE
POWERS SET FORTH IN THE BODY OF THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, TXU Gas Distribution has filed several discovery requests in the form of
Requests for Information in the proceeding entitled, "TXU Gas Distribution's Statement of
Intent to Increase Rates in the North Texas Metroplex Distribution System"; and
WHEREAS, the intervener, Spencer Station Generating Company, L.P. has asked the
City to deny TXU's discovery requests to it and there is a need for the appointment of an
administrative law judge to handle such discovery disputes and to recommend discovery
guidelines in this proceeding; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That Murficipal Judge, Robin Ramsay, is hereby appointed Administrative
Law Judge for discovery purposes in the proceeding entitled, "TXU Gas Distribution's
Statement of Intent to Increase Rates in the North Texas Metroplex Distribution System."
SECTION 2. That the Administrative Law Judge so appointed shall have the power to
set hearings, receive evidence, and make final rulings in all discovery matters concerning this
proceeding, to prepare and issue discovery guidelines generally consistent with procedural orders
issued by the State Office of Administrative Hearings, to set discovery schedules for the parties,
and is further delegated any and all other powers necessary to carry out these duties.
SECTION 3. That the City Secretary is hereby directed to send copies of this ordinance
to Autry Warren, Rates Manager, TXU Gas Distribution, 1601 Bryan Street, Dallas, TX 75201-
3402 and G. Gail Watkins of Akin, Gump, Strauss, Hauer & Field, 818 Congress Ave., Suite
1900, Austin, TX 78701
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
02.
MAYOR PRO ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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DISCOVERY GUIDELINES
1. Forms and Scope of Discovery
· Scope--Discovery is permitted into any matter relevant to the subject matter of the
proceeding, which is not privileged or exempted under the Texas Rules of
Evidence, TRCP, or other law or role.
· Stipulations--Discovery guidelines may be varied by the written agreement of the
parties.
o
Limits on Discovery and Protective Orders
Limits--The ALJ may, upon written notice to all parties, limit or amend the
discovery guidelines for good cause.
Protective Orders--A party shall seek a Protective Order from the ALJ in the
event it intends to claim any information or material subject to discovery is
confidential or proprietary. That party shall file a Proposed Protective Order or
Agreement with the ALJ within five business days of making the first such claim.
Parties have five days from that date to comment on the proposal. The Presiding
Officer will issue a Protective Order based on those comments.
3. Requests for Information
· Making Requests for Information (RFIs)--Discovery may include, but is not
limited to, requests for information, data, electronic files or spreadsheets, materials,
documents, tangible things, knowledge, impressions, opinions, admissions,
inspections, or the production of documents or things.
· Responding to RFIs--A party shall respond to all RFIs within 20 days of receipt of
the RFI unless an objection is pending or has been granted. Each response must
identify the preparer(s) and a sponsoring witness. Each RFI shall be answered
separately. Documents need not be produced in response to an RFI if such
documents are publicly available from local records. Responses shall be filed under
oath unless the responding party stipulates in writing that RFIs can be treated by all
parties as if the responses were filed under oath.
· Objections-- Objections are due within 10 days of receipt of the RFI. The
responding party shall negotiate in good faith concerning any discovery dispute. All
grounds for not responding shall be stated in the objection. If an objection is based
on privilege or exemption, the responding party shall, within two working days of
the filing of such objection, provide a public index that provides, for each
document, a full and complete description of the claimed privilege or exemption.
· Motions to Compel--Motions to compel are due no later than 5 working days after
the objection is received. Response to Motions to Compel shall be filed within 5
working days after receipt of the motion.
· In Camera Inspection--In the event that a party objects to discovery based on a
claim of privilege or exemption, that party must request an in camera inspection and
provide the documents under seal for review to the ALL Such request along with
related documents shall be filed within three working days of the receipt of the
motion to compel.
· Production of Voluminous Materials--If the response to a particular RFI consists
of 100 pages or less, then the response is not volum'mons and shall be filed in full.
If the response to a particular RFI exceeds 100 pages, then the response is
voluminous and need not be filed. The responding party shall make available all
volum'mous materials in response to RFIs at a location in Austin. If the requested
voluminous materials exceed eight linear feet, then the party shall make the
materials available where the materials are located. The party providing
voluminous materials shall file with its RFI responses a detailed index of the
voluminous materials responsive to a particular RFI. This index shall provide
sufficient information to enable the party seeking discovery to identify the
documents in that voluminous response with reasonable particularity. The index
shall provide at a minimum the date, title, description, file number, preparer, and
length for each document included in the volum'mons materials.
· Duty to Supplement--A responding party is under a continuing duty to supplement
its RFI responses as soon as that party acquires information that its prior responses
are incorrect or incomplete. The responding party shall amend its prior responses
within five working days of acquiring such information.
4. Sanctions
· Causes for Imposition of Sanctions--Sanctions may be imposed by the ALJ for
bad faith, failure to obey a lawful regulatory order, harassment, abuse, delay, or
resisting the discovery process.
· Types of Sanctions--Sanctions may include, but are not limited to, charging all or
any part of the expenses of discovery against the offending party or its
representative; holding that designated facts are admitted; striking pleadings;
requiring the payment of reasonable expenses including attorney fees, incurred by
other parties because of the sanctioned behavior; excluding evidence; or as
determined by the ALJ.
· Procedure--Motions for sanctions may be flied at any tune or may be initiated sua
sponte by the ALJ. A hearing on the motion shall be held. Any sanction imposed
by the ALJ shall be stayed to allow the party to appeal the imposition of the
sanction to the City Council unless good cause exists for not granting the stay.
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