Okla. Admin. Code § 165:35-33-10

Current through Vol. 42, No. 1, September 16, 2024

Section 165:35-33-10 - [Effective 10/1/2024] PUD authorized participation

(a)PUD Staff. Only PUD and PUD's designees authorized by the PUD Director to participate in a case before the Commission regarding a utility's Security Plan and then, shall do so only after meeting all applicable requirements for PUD authorization, which shall be determined on a case-by-case basis. All PUD and PUD's designees authorized to participate in a security case shall comply with the requirements for protecting information obtained under the "Highly Sensitive Confidential" designation.

(b)Attorney General. Only those Attorney General personnel who have formally entered an appearance pursuant to Oklahoma Statute and the Commission's Rules of Practice and that entity's Commission authorized designees shall be granted review of a utility's Security Plan and/or Security Plan Update Reports. All Attorney General personnel and their designees authorized to participate in a security case shall meet all applicable requirements for Commission authorization, to be determined on a case-by-case basis, and shall comply with the protections afforded information obtained under the "Highly Sensitive Confidential" designation.

(c)Intervenors.

(1) For the purposes of this Subchapter, all intervenors, including but not limited to counsel and experts for intervenors, shall be deemed "Authorized Participants" in accordance with OAC 165:35-33-3 above. All Authorized Participants wishing to participate in a security-related case before the Commission shall meet all applicable requirements for Commission authorization, which shall be determined on a case-by-case basis, and shall comply with the protections afforded information obtained under the "Highly Sensitive Confidential" designation.

(2) In addition to acquiring "Authorized Participant" status from the Commission, each intervenor and its designees desiring to participate in a case before the Commission regarding a utility's Security Plan shall post a bond or other security acceptable to the Commission, in an amount to be determined by the Commission, to protect the utility from harm in the event the Authorized Participant breaches the confidentiality terms established under this Subchapter or as may otherwise be established by the Commission. A copy of such bond or other security shall be filed with the Commission's Court Clerk. This subsection shall not apply to the Attorney General of the State of Oklahoma or the Oklahoma Corporation Commission Commissioners and Staff.

(3) Any Authorized Participant found in violation of a Commission issued Protective Order and Proprietary Agreement, shall be liable for contempt penalties pursuant to the penalty provisions found in Article IX, § 19 of the Oklahoma Constitution, Title 17 of the Oklahoma Statutes and the Commission's Rules of Practice at OAC 165:5. This subsection shall not apply to the Attorney General of the State of Oklahoma or the Oklahoma Corporation Commission Commissioners and Staff.

(4) In addition to the above protections, all Authorized Participants may be required by the Commission to enter into a separate non-disclosure agreement as a pre-requisite to being granted intervention and "Authorized Participant" status.

Okla. Admin. Code § 165:35-33-10

Added at 22 Ok Reg 704, eff 7-1-05

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 7/25/2019

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 10/1/2024