Okla. Admin. Code § 165:70-9-8

Current through Vol. 41, No. 24, September 3, 2024

Section 165:70-9-8 - Action on notice of rate change

(a) The Commission shall conduct a public hearing on all streamlined general rate change filings.

(b) If, within 45 days after the notice date of the rate change, the Commission receives protests from ratepayers constituting greater than 15% of the notices mailed by the utility, the Commission shall consider the content of said protest in deciding if the matter should be processed under the 180-day case processing provisions of OAC 165:70-1-5.

(c) Notice of hearing of an application for approval of any schedule, rate, charge, classification, rule or regulation which will directly or indirectly alter charges made for service performed, shall be published pursuant to OAC 165:5-7-51, unless the Commission directs otherwise.

(d) If the Commission does not receive the level of customer protests identified in subsection (b), the utility's filing will be reviewed and a public hearing set so as to assure that an Order can issue within a period not to exceed 90 days from the date the cause was filed.

(e) Staff may request additional information from the utility in the course of evaluating the rate/tariff change request, and the utility is required to provide that information within ten (10) business days of receipt of the request. If, at any time, the utility fails to provide the necessary documentation or other evidence that supports the costs and expenses shown in the application, within the designated response time, the PUD may recommend rejection of the filing.

(f) The PUD Staff must make one of the following recommendations with regard to the filing:

(1) Recommend that the requested rate increase be approved.

(2) Recommend that the requested rate increase be approved, but with modification. Such modification shall not exceed a 50% reduction or increase from the proposed level of the rate change requested by the utility, and may be based upon corrections required or omissions discovered.

(3) Recommend that the requested rate increase be rejected.

(4) Recommend that the filing be processed, but under the 180-day processing provisions of OAC 165:70-1-5.

(g) Upon oral recommendation of the Administrative Law Judge, any party may, within three (3) calendar days, advise the Administrative Law Judge, other parties of record, and the Office of General Counsel of its intent to appeal. Any appeals shall be heard by the Commission en banc as soon as practical unless the parties agree to another date or the Commission specifies otherwise. An order shall issue on the utility's appeal within seven (7) calendar days from the date of the appeal hearing. This Subsection shall supersede the Commission's Rules of Practice, OAC 165:5, to the extent that it may be inconsistent therewith.

(h) The utility must submit tariffs reflecting the final decisions of the Commission. Such tariffs must be reviewed and approved by the Director of PUD before bills can be issued reflecting the new rates.

(i) If the Commission sets a rate different from that proposed by the utility in its notice to its customers, the utility shall include in its first billing at the new rate a notice to the customers of the rate set by the Commission, including the following statement: "The Oklahoma Corporation Commission, after public hearing, has established the following rates for utility service."

Okla. Admin. Code § 165:70-9-8

Added at 15 Ok Reg 3143, eff 7-15-98