conserving scarce Commission resources, and allowing parties to reduce the risk that litigation will produce unacceptable results. The Commission’s standard for the approval of settlements is set forth in Rule 12.1(d), which states that the Commission will not approve a settlement the settlement is reasonable in light of the whole record, consistent with “unless law, and in the public interest.” In assessing whether a settlement agreement satisfies this standard, the Commission evaluates the entire agreement as a package, not just its individual parts: In assessing settlements we consider individual settlement provisions but, in light of strong public policy favoring settlements, we do not base our conclusion on whether any single provision is the optimal result. Rather, we determine whether the settlement as a whole produces a just and reasonable outcome. (D.10-04-033 at 9.) As discussed below, we conclude that the Settlement Agreement, taken in its entirety, satisfies Rule 12.1(d). Reasonable in Light of the Whole Record We conclude pursuant to Rule 12.1(d) that the Settlement Agreement is reasonable in light of the whole record of this proceeding. As described in the preceding summary of the Settlement Agreement, the specific outcomes on the issues resolved by the Settlement are within the range of the parties’ positions defined by A.15-07-014 and the Settling Parties’ written testimony. None of the Settlement outcomes is inconsistent with the law or the public interest. Although we find the Settlement Agreement reasonable in light of the whole record, we note that the Settlement Agreement allocates a larger share of
conserving scarce Commission resources, and allowing parties to reduce the risk that litigation will produce unacceptable results. The Commission’s standard for the approval of settlements is set forth in Rule 12.1(d), which states that the Commission will not approve a settlement “unless the settlement is reasonable in light of the whole record, consistent with law, and in the public interest.” In assessing whether a settlement agreement satisfies this standard, the Commission evaluates the entire agreement as a package, not just its individual parts: In assessing settlements we consider individual settlement provisions but, in light of strong public policy favoring settlements, we do not base our conclusion on whether any single provision is the optimal result. Rather, we determine whether the settlement as a whole produces a just and reasonable outcome. (D.10-04-033 at 9.) As discussed below, we conclude that the Settlement Agreement, taken in its entirety, satisfies Rule 12.1(d). Reasonable in Light of the Whole Record We conclude pursuant to Rule 12.1(d) that the Settlement Agreement is reasonable in light of the whole record of this proceeding. As described in the preceding summary of the Settlement Agreement, the specific outcomes on the issues resolved by the Settlement are within the range of the parties’ positions defined by A.15-07-014 and the Settling Parties’ written testimony. None of the Settlement outcomes is inconsistent with the law or the public interest. Although we find the Settlement Agreement reasonable in light of the whole record, we note that the Settlement Agreement allocates a larger share of
167637596.docx