Okla. Admin. Code § 165:55-25-9

Current through Vol. 41, No. 19, June 17, 2024

Section 165:55-25-9 - Cost recovery

(a) Each FBP seeking cost recovery of expenditures related to securing its Critical Infrastructure shall prepare and make available for inspection, its Plan and any subsequent Plan Update Reports in accordance with this Subchapter.

(b) Each FBP shall file an Application with the Commission for cost recovery as provided for within this Subchapter. Such cost recovery shall only occur to the extent the FBP has incurred all or a portion of its actual security-related costs.

(c) Unless otherwise ordered by the Commission, a FBP shall have the burden of proving compliance with all of the provisions of this Subchapter prior to obtaining cost recovery for security related measures.

(d) The total costs incurred under this Subchapter shall be combined for recovery purposes, for consideration by the Commission.

(e) All costs approved by the Commission for recovery, shall be recovered from the FBP's customers through a "Security Cost Rider" based upon the number of access lines for the FBP and shall be subject to annual true-up.

(f) Unless otherwise ordered by the Commission, A FBP shall immediately discontinue recovery of the "Security Cost Rider" when the earlier of the following occurs: natural expiration due to the full recovery provided for in a Rider granted under this Subchapter or forced expiration pursuant to OAC 165:55-25-9(g). Under no circumstances, shall the FBP be permitted to double recover Homeland Security and Critical Infrastructure related costs. Where a "Security Cost Rider" is utilized, Homeland Security and Critical Infrastructure related costs shall not be recoverable through a rate increase pursuant to 17 O.S. § 137 et seq. or from the Oklahoma Universal Service Fund ("OUSF") pursuant to 17 O.S. § 139.106.

(g) Unless otherwise ordered by the Commission, all "Security Cost Riders" approved by the Commission, shall expire five years from the initial date of the "Security Cost Rider's" implementation.

(h) Upon the filing of a cost recovery request by a FBP, Commission Staff, the state Attorney General's office (based upon that entity's statutory authority) and all other Authorized Participants shall review the cost recovery proposal submitted by the FBP and file testimony in accordance with:

(1) Any applicable protective orders issued by the Commission in the security-related cost recovery cause;

(2) OAC 165:55-25-11(below);

(3) The Commission's Rules of Practice (OAC 165:5); and

(4) Any other protective measures or requirements prescribed by law or the Commission.

(i) Testimony of Commission Staff, the state Attorney General and all other Authorized Participants shall detail each of the parties' respective recommendations and any objections to the FBP's Plan and the FBP's request for cost recovery related to the Plan. Also in accordance with the Commission's Rules of Practice, Commission Staff, the state Attorney General and all other Authorized Participants shall provide copies of their respective individual testimonies to one another, with redacted versions of each individual testimony filed with the Court Clerk at the Commission.

(j) Upon notice and hearing, the Commission shall issue an order regarding any requests for security-related cost recovery.

Okla. Admin. Code § 165:55-25-9

Added at 22 Ok Reg 708, eff 7-1-05