SECTION 165:70-3-8. Amending an application


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  • (a)   A utility may not significantly amend a general rate change filing after it has been docketed by the OCC Court Clerk. An amendment may be accommodated by withdrawing the initial filing and substituting a new, amended filing in place of the original cause, which will establish a new filing date. An amended filing must conform to the requirements of 165:70-3-1 and will be subject to the sanctions in 165:70-5-2.
    (b)   For purposes of this Section, an amendment shall be deemed "significant" if it updates the test year. For Class A and B utilities, an amendment shall also be deemed "significant" if it requests more than a five percent (5%) change in the previously requested increase in revenue or, for Class C and D utilities, if it requests more than a five percent (5%) change in the previously requested revenue requirement, unless such changes are mandated by law.
    (c)   A utility may incorporate a significant change without refiling an entirely new case by agreeing to restart the 180-day period. The new period would begin when the amended application is filed.
[Source: Added at 11 Ok Reg 3753, eff 7-11-94; Amended at 15 Ok Reg 3143, eff 7-15-98]