Current through all regulations passed and filed through March 18, 2024
(A) The following procedures and timelines
shall be used to determine the date of acceptance for an application for
purposes of calculating the time periods provided in section
4929.07 of the Revised Code. The
procedures and timelines are consistent with those contained in chapter II,
paragraph (A)(4)(c) of appendix A to rule
4901-7-01 of the Administrative
Code, which are used to determine the date of a rate case application's
acceptance by the commission.
(1) The
commission staff will inform the applicant by letter within thirty calendar
days of the date of the original docketing of the application whether the
application as originally filed is in technical compliance, is substantially in
compliance or fails to substantially comply with the filing requirements. The
letter will indicate any defects or deficiencies with the filing
requirements.
(2) If the
application is in technical compliance, the application shall be deemed to have
been filed as of the date the original application was filed.
(3) If the application is in substantial
compliance, the applicant shall file its response to the commission staff's
letter within fifteen calendar days. The
application is considered
filed as of the date
of the original application
if the applicant's response places the application in
technical compliance.
(4) If the
application does not substantially comply, the application shall be considered
as having been filed as of the date upon which the supplemental information
rendering the application in technical compliance with the filing requirements
was filed.
(B)
Commission entry accepting alternative rate plan application.
(1) Within sixty days from the date of the
original docketing of the application with the commission, the commission will
issue an entry indicating whether the application has complied with the filing
requirements. The commission shall consider supplemental information docketed
by the applicant in determining the completeness of the filing.
(2) During the processing of the application,
the commission may dismiss any application which does not substantially comply
with the filing requirements of rule
4901:1-19-06 of the
Administrative Code.
(3) Provided
the applicant has complied with paragraph (A)(3) of this rule, if the
commission issues no entry within sixty calendar days from the date of the
original docketing of the application, the application shall be considered in
compliance with the filing requirements and as having been filed as of the date
of the original docketing of the application for purposes of calculating the
time periods provided in section
4929.07 of the Revised
Code.
(C) The commission
staff will file a written report which addresses, at a minimum, the justness
and reasonableness of the proposed alternative rate plan.
(D) At its discretion, the commission may
conduct a hearing to consider the application. If the
commission, at its discretion,
conducts local public hearings, such hearings
are subject to the procedural parameters set forth in
section 4903.083 of the Revised
Code.
(E) Intervention
is subject to section
4903.221 of the Revised Code and
rule 4901-1-11 of the Administrative
Code.
(F) Objections.
(1) Objections must:
(a) Be filed with the commission and served
on all parties within thirty calendar days after the filing of the written
report by the commission staff.
(b)
Specifically designate those portions of the staff report and/or the
application that are considered to be objectionable and explain the
objection.
(c) Sufficiently explain
how the portions of the report and/or the application objected to are unjust
and unreasonable.
(2)
Intervenors shall segregate their objections into two areas:
(a) Objections to the staff report for issues
discussed in the staff report and any other issues relating to the review of
the reasonableness of the proposed alternative rate plan; and
(b) Objections to the applicant's application
for issues relating to the applicant's proposed alternative rate plan to the
extent the issue was not addressed in the staff report.
(G) Discovery shall be that time
period applicable to general rate proceedings pursuant to paragraph (B) of rule
4901-1-17 of the Administrative
Code. Any motions or requests to change the timing of discovery shall be fully
supported. Except as otherwise provided herein, discovery shall proceed
according to Chapter
4901-1 of the Administrative
Code.
