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Ohio Laws and Rules
(A) Determination of date of application's acceptance by commission
(1) The following procedures and timelines shall be used to determine the date of acceptance for an exemption case or an alternative rate plan case. The procedures and timelines for an alternative rate plan case are consistent with those contained in chapter II, paragraph (A)(4)(b) of appendix A to rule 4901-7-01 of the Administrative Code, used to determine the date of a rate case application's acceptance by the commission.
(a) The commission staff will inform the applicant by letter within twenty calendar days of the original filing date for an exemption case or within thirty calendar days for an alternative rate plan case of the staff's determination whether the application as originally filed is in technical compliance, substantially in compliance or fails to substantially comply with the filing requirements. The letter will indicate any defects or deficiencies with the filing requirements.
(b) 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.
(c) If the application is in substantial compliance, the applicant shall file its response to the commission staff's letter within fourteen calendar days. If the applicant's response places the application in technical compliance, the application shall be considered as having been filed as of the date the original application was filed.
(d) 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 application
(1) The commission shall consider supplemental information docketed by the utility 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 rules 4901:1-19-04 and 4901:1-19-05 of the Administrative Code.
(3) Provided the applicant has complied with paragraph (A)(1)(c) of this rule, if the commission issues no entry within forty-five calendar days of the date of the original docketing of the application with the commission for an exemption case or within sixty calendar days for an alternative rate plan case, 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, for an exemption case and sections 4909.42 and 4929.07 of the Revised Code, for an alternative rate plan case.
Effective: 11/10/2006
R.C.
119.032 review dates: 08/22/2006
and 09/30/2011
Promulgated Under:
111.15
Statutory
Authority:
4929.10
Rule
Amplifies:
4929.04,
4929.05
Prior
Effective Dates: 3/24/97