4901:1-19-03 Waivers.

(A) The commission may waive any provision in these rules upon a motion for good cause shown, or upon its own motion. In determining whether good cause has been shown, the following factors, among other things, may be taken into consideration.

(1) Whether other information, which the utility would provide if the waiver is granted, is sufficient for commission staff to effectively and efficiently review the application.

(2) Whether the information required to be filed by these rules, absent a waiver, is relevant to the commission’s consideration of whether the application is reasonable and in the public interest.

(3) Whether the information, which is the subject of the waiver request, is reasonably available to the applicant from the information which it maintains or is reasonably obtainable by the applicant.

(4) The expense to the applicant in providing the information which is the subject of a waiver request.

(5) Whether granting of the waiver is in the public interest.

(B) Except for good cause shown, all waiver requests in an alternative rate plan case shall be filed thirty calendar days or more before the docketing of the application with the commission.

(C) All waiver requests in an exemption case shall be filed with the application and served upon all parties who are also being served a copy of the application under paragraph (B)(4) of rule 4901:1-19-04 of the Administrative Code. The applicant is encouraged to consult with the commission staff regarding its proposed waiver requests prior to the actual filing of these requests so as to avoid any undue delay in the processing of the application.

(D) Small natural gas companies should contact the staff of the commission of their intent to file an alternative rate plan or an exemption application to review individual company circumstances that support waivers and to investigate alternate filing requirements.

R.C. 119.032 review dates: 09/19/2007 and 09/30/2011

Promulgated Under: 111.15

Statutory Authority: 4929.10

Rule Amplifies: 4909.04, 4909.05

Prior Effective Dates: 3/24/97