Okla. Admin. Code § 165:58-3-6

Current through Vol. 42, No. 7, December 16, 2024

Section 165:58-3-6 - Notice requirements when filing an Application for Certificate of Convenience and Necessity

Applicants seeking a certificate of Convenience and Necessity shall meet all notice requirements set forth in this Section.

(1)Requirements for filing an Application for Certificate of Convenience and Necessity. An application of a Certificate of Convenience and Necessity shall be delivered by mail, electronic mail or by personal service to the following people and/or entities:

(A) The Oklahoma Attorney General;

(B) The Commission's Director of the Public Utility Division;

(i) The Application delivered to the Director of the Public Utility Division shall be file-stamped by the Commission's Court Clerk and shall be delivered to the Director of the Public Utility Division in electronic copy form only.

(ii) The Director of the Public Utility Division shall update and post a report that includes reference to the Application of Certificate of Convenience and Necessity on the Commission's website, within five (5) business days of receipt.

(C) The governing body of each Enhanced 911 Public Safety Answering Point (E911 PSAP) operating in the proposed service territory of the Applicant.

(2)Publication of a Notice of Application of a Certificate of Convenience and Necessity. The Notice required by 17 O.S. § 132 shall be published as follows:

(A) In a newspaper of general circulation once a week for two (2) consecutive weeks with at least seven (7) days apart in each service territory affected.

(B) Publication shall be at the expense of the applicant.

(C) A "Proof of Publication" document shall be filed with the Commission's Court Clerk within fifteen (15) days of the last publication date.

(3)Requirements for a Notice of Hearing on an Objection to a Certificate of Convenience and Necessity.

(A) When an objection is made in a cause for an Application for a Certificate of Convenience and Necessity, the Applicant shall promptly file a Notice of Hearing with the Commission's Court Clerk requesting a date for a hearing on the merits of the application.

(B) Within ten (10) business days prior to the date of the hearing, the Applicant shall serve the notice by delivering a file-stamped copy by mail, electronic mail or by personal service to the following people and/or entities:

(i) The Oklahoma Attorney General;

(ii) The Commission's Director of the Public Utility Division; and

(iii) Any Intervenors, including the person or entity filing the objection.

Okla. Admin. Code § 165:58-3-6

Adopted by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018