Okla. Admin. Code § 165:5-5-1

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

Section 165:5-5-1 - Dockets; identifying initials

(a)Subject matter dockets. Subject matter dockets shall be maintained by the Court Clerk, with identifying initials preceding the case number as follows:

(1) General Docket (GD), which shall consist of cases not coming within the purview of any other docket listed below, and which shall include notices of inquiry.

(2) Conservation Docket (CD), which shall consist of cases to prevent waste and protect or adjust the correlative rights of parties owning interests in the common source of supply or unitized management of a common source of supply including, but not limited to, spacing, increased density, location exception, pooling and unitization.

(3) Consumer Services Docket (CS), which shall consist of cases initiated by either the Director of the Consumer Services Division against a regulated utility provider or a customer against the customer's regulated utility provider seeking to require the regulated utility provider to abide by approved tariffs, state statutes, Commission rules, or Commission orders. Regulated utility provider includes public utilities and telecommunications carriers as defined by 17 O.S. §§ 41, 139.102 and 151. Disputes between a customer and an electric vehicle charging station operator operating a public charging station, filed pursuant to OAC 165:14, shall be filed on the Consumer Services Docket.

(4) Enforcement Docket (EN), which shall consist of cases initiated by the Commission or any of its directors, the Attorney General of Oklahoma, or other affected parties to find parties in contempt of Commission rules or to require compliance of parties with applicable statutes, rules, and Commission orders.

(5) Gas Gathering Docket (GG), which shall consist of cases initiated for determination of reasonable fees and terms or conditions of service related to open access to natural gas gathering systems.

(6) Motor Carrier Citation Docket (MCC), which shall consist of cases initiated by issuance of citations by Commission motor carrier/vehicle officers at roadside, weigh stations or on-site, for alleged violation of state statutes, Commission rules or federal regulations regarding the registration, licensing, certification, or operation of motor carriers or commercial motor vehicles.

(7) Oklahoma Universal Service Fund Docket (OSF), which for cases filed on or after January 1, 2018, shall consist of cases relating to funding from the Oklahoma Universal Service Fund (OUSF) or the Oklahoma Lifeline Fund (OLF), including, but not limited to, requests for OUSF or OLF funding, submissions relating to OUSF administrative preapproval requests and the OUSF fee assessment.

(8) Petroleum Storage Tank Docket (PSD), which shall consist of cases initiated by the Director of the Petroleum Storage Tank Division or other party seeking relief from Commission rules, disputing PSD decisions regarding jurisdiction, corrective action, licensing, system shutdown, Petroleum Storage Tank Indemnity Fund eligibility or reimbursement.

(9) Petroleum Storage Tank Division Citation Docket (PSC), which shall consist of cases initiated by issuance of citations by Commission fuel inspectors for alleged violation of state statutes or Commission rules regarding operation of petroleum storage tank systems.

(10) Pollution Docket (PD), which shall consist of cases initiated and related to the protection of the environment regarding oil and gas production or the disposal, injection, remediation or storage of deleterious substances produced from oil and gas related activities including, but not limited to, applications for injection wells, commercial disposal wells, disposal pits and recycling.

(11) Public Utility Docket (PUD), which shall consist of cases initiated by the Director of the Public Utility Division, a person regulated by the Commission and subject to the provisions in OAC 165:14, 35, 40, 45, 50, 55, 56, 57, 58, 65, 70, 75, or 80, or another party with standing concerning any matter relating to the above listed chapters.

(12) Rulemaking Docket (RM), which shall consist of cases initiated by the Commission or any of its directors for the promulgation, amendment, or repeal of a Commission statement or group of related statements of general applicability and future effect that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of the Commission. [75 O.S. § 250.3(19) ] Formal petitions by the public for rulemaking, pursuant to 75 O.S. § 305, as well as requests by small businesses requesting the Commission to review its rules to determine if the rules in question should be amended, repealed, or redrafted, pursuant to 75 O.S. § 250.10, shall be part of the General Docket. If the Commission orders a rulemaking proceeding as a result of such petition or request, the rulemaking proceeding shall be part of the Rulemaking Docket.

(13) State Fund Plugging Docket (SF), which shall consist of cases initiated by the Director of the Oil and Gas Conservation Division seeking authorization to use monies from the Commission's Plugging Fund to plug or replug abandoned wells in the State of Oklahoma.

(14) Transportation Docket (TD), which shall consist of cases initiated by:

(A) an applicant protesting a Transportation Division determination denying a motor carrier's application seeking a license, certificate, or permit from the Transportation Division to lawfully operate as a for-hire or private motor carrier or for a special permit or registration;

(B) an applicant protesting a Transportation Division determination denying its registration or fuel tax application or proposed audit assessment;

(C) an application by the Transportation Division modifying, suspending, canceling or revoking an existing certificate, permit, registration, or license;

(D) an application by the Transportation Division modifying a previously issued order;

(E) an application by the Transportation Division to effect an operational change in a transportation regulated entity;

(F) an interested party protesting a license, certificate, permit or registration being issued or renewed;

(G) an interested party seeking to modify, suspend, cancel, or revoke an existing certificate, permit, registration or license or to assess penalties to a motor carrier, registrant or licensee;

(H) a pipeline operator seeking a pipeline acceptance;

(I) any individual, entity or railroad seeking approval to update, open or close a railroad crossing; or

(J) any interested party seeking relief from the Commission in transportation matters relating to its jurisdiction.

(15) "Oil and gas dockets" as used in these Rules includes the following dockets: CD, PD, GG, SF and oil and gas related EN docket.

(b)Docket and case number assignment. Everycase shall be assigned a case number by the Court Clerk, and all documents filed in the case shall bear the case number, including the identifying initials of the docket and year prefixes. The Court Clerk shall:

(1) File-stamp each document received with the date of receipt.

(2) Record every document filed in the case.

(3) Maintain a complete electronic file of all documents filed in every case.

(c)Improper docketing. If the Commission, or an Administrative Law Judge, after consultation with the Court Clerk, determines that an application has been filed on an improper docket as set forth in (a) of this Section, the Commission shall enter an order transferring the application to the proper docket and closing the original case. The order transferring the application to the proper docket shall be sent to the applicant through the ECF System, mail, or electronic mail, and the applicant shall then be responsible for sending the order to any parties of record not served via the ECF System.

(d)Procedural dockets. In addition to the subject matter dockets described in (a) of this Section, the Commission may, from time to time, designate procedural dockets.

Okla. Admin. Code § 165:5-5-1

Amended at 11 Ok Reg 3675, eff 7-11-94; Amended at 14 Ok Reg 2474, eff 7-1-97; Amended at 16 Ok Reg 829, eff 1-25-99 (emergency); Amended at 16 Ok Reg 2807, eff 7-15-99; Amended at 19 Ok Reg 1939, eff 7-1-02; Amended at 20 Ok Reg 2293, eff 7-15-03; Amended at 27 Ok Reg 2098, eff 7-11-10; Amended at 29 Ok Reg 938, eff 7-1-12

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 10/1/2020

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 10/1/2022