Section Puc 203.09 - Discovery(a) The petitioner, the staff of the commission, the office of consumer advocate and any person granted intervenor status shall have the right to conduct discovery in an adjudicative proceeding pursuant to this rule.(b) Unless inconsistent with an applicable procedural order, any person covered by this rule shall have the right to serve upon any party, data requests, which may consist of a written interrogatory or request for production of documents.(c) Data requests shall identify with specificity the information or materials sought.(d) A copy of each data request, each objection to data requests and each response to data requests shall be served upon every person designated for discovery filings on the commission's official service list pursuant to Puc 203.11.(e) Objections to data requests and responses to data requests shall not be filed or served pursuant to Puc 203.02.(f) A response to a data request shall be made within 10 days of the date of receipt or in accordance with a procedural schedule established by the commission.(g) Objections to data requests shall: (1) Be served in writing on the propounder of the requests within 10 days following receipt of the request unless the commission specifies a different time period in a procedural schedule order; and(2) Clearly state the grounds on which they are based.(h) Failure to object to a data request or requests for documents within 10 days of its receipt without good cause shall be deemed a waiver of the right to object.(i) Motions to compel responses to data requests shall: (1) Be made pursuant to Puc 203.07;(2) Be made within 15 business days of receiving the applicable response or objection, or the deadline for providing the response, whichever is sooner;(3) Specify the basis of the motion; and(4) Certify that the movant has made a good-faith effort to resolve the dispute informally.(j) The commission shall authorize other forms of discovery, including technical sessions, depositions and any other discovery method permissible in civil judicial proceedings before a state court when such discovery is necessary to enable the parties to acquire evidence admissible in a proceeding.(k) When a party has provided a response to a data request, and prior to the issuance of a final order in the proceeding, the party shall have a duty to reasonably and promptly amend or supplement the response if the party obtains information which the party would have been required to provide in such response had the information been available to the party at the time the party served the response.N.H. Admin. Code § Puc 203.09
#2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97
New. #6559, eff 8-19-97, EXPIRED: 8-19-05
New. #8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06
New. #8657-A, eff 6-10-06