SECTION 21.73. Consolidation of Dockets, Consolidation of Issues, and Joint Filings

(a) Consolidation of dockets. The commission or presiding officer may on its own motion or upon a motion from a party, to the extent practical, consolidate separate dispute resolution proceedings and the approval proceedings pursuant to this chapter.

(b) Consolidation of issues. The commission or presiding officer may on its own motion or upon the motion of a party, to the extent practical, consolidate similar issues from separate dispute resolution and approval proceedings pursuant to this chapter.

(c) Joint filings or joinder.

(1) Joint filings. Parties may jointly file dispute resolution and approval proceedings when there are common issues of law or fact.

(2) Joinder. A person may request joinder when there are common issues of law or fact and shall agree to be bound by any judgment rendered as to the common issues.

(3) Factors to be considered. The commission or presiding officer shall determine whether the proceedings should be maintained as a joint proceeding or be severed or should be consolidated in whole or in part. In making this determination the commission or presiding officer shall consider:

(A) administrative burden on the parties and the commission;

(B) whether there are issues of fact or law common to the proceedings;

(C) whether separate proceedings would create a risk of inconsistent resolutions; and

(D) whether allowing joinder or consolidation would result in undue delay of the proceedings or prejudice any party.

Source Note: The provisions of this §21.73 adopted to be effective March 1, 2004, 29 TexReg 1868