Lawriter - OAC - 4901:1-19-09 Participation by parties and staff.

4901:1-19-09 Participation by parties and staff.

(A) Intervention

Intervention in a proceeding pursuant to an application filed under section 4929.04 or 4929.05 of the Revised Code, shall be governed by section 4903.221 of the Revised Code and rule 4901-01-11 of the Administrative Code.

(B) Technical and settlement conferences

The commission staff or an attorney examiner may, at any time, schedule a settlement or technical conference or meeting to discuss and consider issues raised by either type of application and, if available, the testimonies or comments filed by the commission staff and the intervenors in the proceeding. The commission may appoint an attorney examiner or other commission staff to act as a facilitator at the settlement conference or meeting.

(1) For exemption applications filed by natural gas companies with fifteen thousand or more customers or by those natural gas companies with less than fifteen thousand customers for which the commission has ordered that a hearing be held, the commission staff and any intervenor who wishes to file initial testimony addressing the applicant's application shall do so within ninety calendar days of the acceptance of the application, unless otherwise ordered by the commission.

(2) For exemption applications filed by natural gas companies with less than fifteen thousand customers for which the commission has determined that a hearing is not necessary, the commission staff and any intervenor who wishes shall file initial comments which address the applicant's application within ninety calendar days of the date of acceptance of the application, unless otherwise ordered by the commission.

(3) Initial testimony or comments shall comply with the following:

(a) Specifically designate those portions of the exemption application which the commission staff or intervenor considers to be objectionable.

(b) Sufficiently explain how the portions of the exemption application considered to be objectionable are unjust and unreasonable.

(c) Specifically designate those portions of the exemption application that the commission staff or intervenor agrees with applicant and why.

(d) Outline the specific proposal to remedy the deficiency.

(e) Be filed with the commission and served on all parties.

(4) The commission may at its discretion allow the filing of supplemental testimony/reply comments. Such supplemental testimony/reply comments shall respond to those issues and positions presented by the commission staff and/or intervenors in their initial testimony/comments. Such supplemental testimony/reply comments shall specifically identify those portions of the initial testimony/comments considered to be objectionable and why. Such supplemental testimony/reply comments shall also indicate those areas with which there is agreement and why. All supplemental testimony/reply comments shall be filed with the commission and served upon all parties.

(D) Objections in an alternative rate plan case

(1) In a proceeding filed pursuant to section 4929.05 of the Revised Code, objections may be filed to the staff report and/or to the applicant's application. The applicant may file objections to the staff report. The staff may file objections to the applicant's application for issues (other than the review of the reasonableness of the current rates) relating to the proposed alternative rate plan to the extent the issue is not addressed in the staff report. Intervenors may file objections to the staff report and/or the application. 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 current rates 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. Objections may be accompanied by supporting direct testimony as deemed appropriate.

(2) The objections shall comply with the following:

(a) Specifically designate those portions of the staff report and/or the applicant's application which are considered to be objectionable and explain the objection.

(b) Sufficiently explain how the portions of the report and/or the applicant's application objected to are unjust and unreasonable.

(3) The applicant, any intervenor, or the commission staff may file a motion to strike objections to the staff's written report within ten calendar days after the deadline for the filing of the objections.

(E) Filing of reply/supplemental/additional testimony

Subsequent to the filing of objections, an attorney examiner shall issue a procedural order which shall address the opportunity for the filing of reply testimony by the applicant, supplemental testimony by the intervenor, and additional and/or rebuttal testimony by the staff.

The applicant's reply testimony shall be limited to responding to those objections to its application raised by the commission staff and/or intervenor. An intervenor's supplemental testimony shall be limited to reacting to issues, concerns, and/or proposals embodied in supporting direct testimony and objections to the applicant's application filed by the staff and/or another intervenor.

(F) Any person may file comments concerning an application filed under sections 4929.04 and 4929.05 of the Revised Code, within forty-five calendar days after the application has been filed. Such comments shall:

(1) Sufficiently explain why the application is not consistent with the provisions of the Revised Code for applications filed under sections 4929.04 and 4929.05 of the Revised Code.

(2) Sufficiently explain why the application is not in the public interest.

(3) The applicant shall have ten days after the date that the comments are due to file a response to the comments.

(G) Discovery

Discovery in cases involving applications brought pursuant to section 4929.04 of the Revised Code, shall be served no later than twenty calendar days prior to hearing unless a different deadline has been specified in an order of the commission for the purposes of a specific proceeding. The time period to be used for discovery in cases involving applications brought pursuant to section 4929.05 of the Revised Code, shall be that time period applicable to general rate proceedings, 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.

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, 6/3/97