Okla. Admin. Code § 165:5-3-32

Current through Vol. 42, No. 4, November 1, 2024

Section 165:5-3-32 - Commission determination of assessment

(a) In causes on the Public Utility Docket where the cause was filed by an Unregulated entity, fees may be assessed to the Unregulated entity upon a motion of the Staff of the Public Utility Division made within ninety (90) days after the cause is filed. Notice of the hearing on the motion shall be given to all parties of record in the cause pursuant to Commission rules; provided, however, the final amount of assessment on the Unregulated entity shall be made within sixty (60) days following the issuance of the final order in the cause, or if a final order is not issued then upon conclusion of the cause whether it be by dismissal or otherwise. If an Unregulated entity makes a material change in its application or adds a separate cause after 90 days, the Commission may make an additional assessment.

(b) In considering whether or not to assess fees to the Unregulated entity, the Commission shall consider, although not be limited to, the following factors:

(1) The benefit(s) to the Unregulated entity if the relief requested by the Unregulated entity is granted.

(2) The benefit(s) to the State of Oklahoma if the relief requested by the Unregulated entity is granted.

(3) The public interest.

(4) Compliance with any other state or federal law under which this Commission has jurisdiction.

(5) Whether the Unregulated entity is a consumer group filing a case on behalf of themselves as consumer/members and the composition of the consumer group.

(c) The Commission shall make a determination of the estimated costs which will be incurred by the Commission for Commission resources and/or consulting services that are required to process an application.

(d) In the event the actual costs of the Commission are less than the assessed amount, the difference will be refunded to the Unregulated entity .

(e) The Commission shall issue an order which shall include the following:

(1) Whether or not the Unregulated entity will be assessed a fee.

(2) The amount of the fee to be assessed, which shall be no greater than the estimated amount, and which shall not be subject to modification, regardless of the cause being delayed or to which exceptions are filed, except as provided in 165:5-3-32(a).

(3) The date the payment shall be paid.

(f) All Unregulated entities who in their capacity as customers of a regulated utility file a complaint with the Commission seeking compliance with existing Commission rules and regulations and/or Commission approved tariffs shall not be assessed fees beyond the filing fee set forth in 165:5-3-1.

Okla. Admin. Code § 165:5-3-32

Added at 11 Ok Reg 3683, eff 7-11-94; Amended at 27 Ok Reg 2098, eff 7-11-10

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015