A. In any contested public utility rate proceeding, the Corporation Commission shall at the request of any of the parties, order a settlement conference among the parties, to be held at a time and place to be fixed by the Commission. Provided, however, that the Commission may terminate any settlement conference, upon a motion by any party, if it finds that any party is failing to participate in the process in good faith or that there is no probability of settlement.

B. An individual designated by the Commission with the concurrence of the utility and the Attorney General will preside as settlement judge at the settlement conference. The settlement judge shall take no part in adjudicating the case subsequent to the settlement conference.

C. Scheduling of settlement conferences will not continue, delay, or otherwise interfere with scheduling dates set pursuant to a scheduling order. Likewise, the scheduling dates set at the prehearing or scheduling conference will not affect the date of a settlement conference set pursuant to a separate settlement conference order.

D. At least one attorney who is fully familiar with the proceeding or cause shall appear for each party. A person or representative with full settlement authority shall accompany the attorney to the settlement conference. The settlement judge presiding over the settlement conference may make such other and additional requirements of the parties as shall be deemed proper in order to expedite an amicable resolution of the case. The settlement authority of the Public Utility Division of the Corporation Commission shall be extended from the director of that division.

E. Any settlement reached by the parties shall be subject to the approval of the Commission.

F. All matters discussed at a settlement conference, and any materials which may be distributed in connection with a settlement conference, shall be considered privileged and confidential. Accordingly, all such matters and materials shall not be admissible in any public utility rate proceeding, and shall not be disclosed to the Commission, except for any settlement reached by the parties which is submitted to the Commission for approval under subsection E of this section.

Added by Laws 1994, c. 315, § 8, eff. July 1, 1994.