Oregon Capitol Building in dusk viewing from the city park in tree blooming season

Oregon Commission Adopts Rules on Alternative Dispute Resolution and Mediation

On June 23, 2026, the Oregon Public Utility Commission (Oregon Commission or OPUC) adopted rules related to alternative dispute resolution (ADR) and mediation.  Many stakeholders, including the Renewable Energy Coalition, Community Renewable Energy Association, Oregon Solar + Storage Industries Association, NW Natural, Portland General Electric Company, and NewSun Energy, advocated for changes to the ADR and mediation rules throughout the rulemaking.  The Commission issued Order No. 26-216 on June 24, 2026 adopting Staff’s recommendations.

The revised rules make a series of changes.  First, the rules provide separate ADR and mediation processes for informal dispute resolution and eliminate the option of informal dispute resolution for declaratory rulings.  ADR applies to non-consumer complaints and mediation applies to consumer complaints.  The ADR rules are intended to promote voluntary settlement and reduce litigation.  Second, the ADR rules were amended to require both parties to jointly request ADR.  Third, the rules clarified that a request for ADR can be filed any time and does not have to be concurrent or after a complaint is filed with the Commission.  Thus, parties could file for ADR before a complaint is filed to try and avoid the need for the complaint.  Fourth, the rules established an expedited but flexible process for ADR with requirements for filing information, limitations on who can attend meetings, and timelines for meetings and decisions.  Fifth, the rules ensure all communications in ADR are confidential and will only be used for settlement.  Sixth, the rules establish that an administrative law judge presiding over ADR cannot preside over any related complaint or communicate with Commission Staff on the issue.  Finally, the rules allow the ADR facilitator to provide an independent assessment of issues and outcomes of the case if requested by a party. 

Sanger Greene (Irion Sanger and Ellie Hardwick) represented the Renewable Energy Coalition in the proceedings.  The Renewable Energy Coalition is an organization whose members include irrigation districts, water districts, corporations, small utilities, and individuals who own and operate nearly fifty qualifying facilities – small renewable energy generators that operate under the federal Public Utility Regulatory Policies Act.  The Coalition advocates to ensure that small renewable generation projects continue to make an important contribution to the Northwest’s energy future.

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