SECTION 165:70-9-6. Streamlined general rate change filing; and Staff response  


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  • (a)   Each qualifying utility choosing to utilize the streamlined general rate change filing procedures shall file its application with the OCC Court Clerk, along with a complete application package, [Appendix SG (gas) or SW (water)] and a copy of the notice the applicant has provided to customers and other affected parties. In addition to the original, the utility shall submit six (6) copies of its complete application package.
    (b)   The utility shall also submit the required filing fee with its application, as set forth in the Commission's Rules of Practice.
    (c)   On the date of filing, a copy of the docketed application package shall be delivered to the Director of the Public Utility Division. The Director and/or Staff shall review the package for completeness, required information, and format compliance with the requirements set forth in this Subchapter.
    (d)   Within fifteen (15) days of the receipt of the package, the Director of the Public Utility Division shall file with the Commission and provide to the utility a copy of the Staff response regarding the compliance or deficiency of the application. The response shall serve as official notification of the acceptance or non-acceptance of the application. If the Director finds that the package is not in substantial compliance with the requirements of this Subchapter, the Staff response shall state that the filing is a deficient filing. The deficiencies and the requirement(s) to cure the deficiencies shall be stated in the Staff response.
    (e)   The utility has fifteen (15) days from the date of the Director's response in which to cure the deficiencies in its filing. If the filing is still deficient, the application shall be rejected and returned with a formal letter of rejection from the Director.
    (f)   A utility may appeal the rejection of its streamlined general rate change application within five (5) days of receipt of the formal letter from the Director of the Public Utility Division. Such appeal shall be set for hearing before the Corporation Commission sitting en banc as soon as practical unless the parties agree to another date or the Commission directs otherwise. An order shall issue on the utility's appeal within seven (7) calendar days from the date of hearing. An order affirming the Director's determination renders the utility's application ineligible for streamlined approval. The utility may, however, seek to file a new application for general rate change pursuant to OAC 165:70-1-5. This paragraph shall supersede the Commission's Rules of Practice, OAC 165:5, to the extent that it may be inconsistent therewith.
    (g)   A finding by the Public Utility Division that the filing is complete and in the required format does not preclude the Public Utility Division from ultimately recommending that the filing be rejected, modified, or processed under the 180-day case processing provisions of OAC 165:70-1-5 as set forth in OAC 165:70-9-9(e).
[Source: Added at 15 Ok Reg 3143, eff 7-15-98]