SECTION 165:5-7-41.1. Complaint under 52 O.S., Sections 24.4 and 24.5, against a natural gas gatherer

(a)   Any action by the Commission under 52 O.S. §§ 24.4 and 24.5, shall be initiated by the filing of a Formal Complaint by the aggrieved party, following which the Commission shall conduct a hearing and take such evidence as is necessary to determine the merits of the Complaint; provided no hearing shall be conducted during such time as there is in effect an agreement of the parties for submission of the subject of the Complaint to the informal dispute resolution procedure under Subchapter 23 of this Chapter, if such agreement also expressly extends the one hundred twenty (120) day period of (c) of this Section. "Complaint" or "Formal Complaint" for these purposes does not include a Notice of Intent to Mediate or other pleading or papers filed under the informal dispute resolution procedure.

(b)   The Complainant shall send notice of hearing of the Complaint and a copy of the Formal Complaint to the gatherer by registered or certified mail with return receipt requested at least twenty (20) days prior to such hearing, but in no event shall the hearing beless than thirty (30) days from the filing of the Complaint.

(c)   Proceedings instituted under this Section shall be completed and a final, appealable order entered by the Commission within one hundred twenty (120) days of the filing of the Formal Complaint with the Commission's Court Clerk, unless such date is extended by the agreement of the parties. All matters to be determined by the Commission relative to a complaint filed under this Section shall be heard on an expedited basis.

(d)   When a Formal Complaint has been filed and the Complainant seeks to continue its existing gathering service, the Commission, upon motion of the Complainant, subject to the provisions of 52 O.S. § 24.5 (E), may enter an interim order requiring continuation of gathering service under the fees and terms and conditions of service of the last expired contract, if any, during the pendency of the complaint or set an interim fee and terms and conditions of continued service. Notice and hearing of such motion shall be in accordance with OAC 165:5-9-2(b), and any interim order entered by the Commission shall be temporary and subject to a final determination of the merits of the Complaint.

(e)   When a Formal Complaint has been filed, the Commission, upon motion of either party, may enter an order requiring the other party to produce designated documents or data, not privileged, which are in such party's care, custody and control, and which are relevant to the subject matter of the Complaint, for inspection and copying at a location stated in the order. Notice and hearing of such motion shall be in accordance with OAC 165:5-9-2(b), and any order entered shall direct production of the designated documents within ten (10) days of the date of such order. A copy of the order must be served by regular mail on the party required to produce the designated documents at least five (5) days prior to the date upon which production is required. This provision shall be in addition to any prehearing procedures provided under Subchapter 11 of this Chapter.

[Source: Added at 13 Ok Reg 2371, eff 7-1-96; Amended at 17 Ok Reg 596, eff 12-16-99 (emergency); Amended at 17 Ok Reg 1853, eff 7-1-00]