Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 25 - Homeland Security and Critical Infrastructure › Section 165:55-25-10 - Commission authorized participation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Commission Staff.
Only those
				Commission Staff and Staff's designees authorized by the Commission shall
				participate in a cause before the Commission regarding a FBP's Plan, and then
				shall do so only after meeting all applicable requirements for Commission
				authorization, which shall be determined on a case-by-case basis. All
				Commission Staff and Staff's designees authorized to participate in a security
				cause shall comply with the requirements for protecting information obtained
				under the "Highly Sensitive Confidential" designation.
(b)
Attorney General.
Only those
				Attorney General personnel who have formally entered an appearance pursuant to
				Oklahoma Statute and the Commission's Rules of Practice and that entity's
				Commission authorized designees shall be granted review of a FBP's Plan and/or
				Plan Update Reports. All Attorney General designees authorized to participate
				in a security cause shall meet all applicable requirements for Commission
				authorization, to be determined on a case-by-case basis, and shall comply with
				the protections afforded information obtained under the "Highly Sensitive
				Confidential" designation.
(c)
Intervenors.
(1) For the
				purposes of this Subchapter, all intervenors, including but not limited to
				counsel and experts for intervenors, shall be deemed "Authorized Participants"
				in accordance with OAC
				165:55-25-3 above.
				All Authorized Participants wishing to participate in a security-related cause
				before the Commission shall meet all applicable requirements for Commission
				authorization, which shall be determined on a case-by-case basis, and shall
				comply with the protections afforded information obtained under the "Highly
				Sensitive Confidential" designation.
(2) In addition to acquiring "Authorized
				Participant" status from the Commission, each intervenor and its designees
				desiring to participate in a cause before the Commission regarding a FBP's Plan
				shall post a bond or other security acceptable to the Commission, in an amount
				to be determined by the Commission, to protect the utility from harm in the
				event the Authorized Participant breaches the confidentiality terms established
				under this Subchapter or as may otherwise be established by the Commission. A
				copy of such bond or other security shall be filed with the Commission's Court
				Clerk. This subsection shall not apply to the Attorney General of the State of
				Oklahoma or the Oklahoma Corporation Commission Commissioners and
				Staff.
(3) Any Authorized
				Participant found in violation of a Commission issued Protective Order and
				Proprietary Agreement, shall be liable for contempt penalties pursuant to the
				penalty provisions found in Article IX, § 19 of the Oklahoma Constitution,
				Title 17 of the Oklahoma Statutes and the Commission's Rules of Practice at OAC
				165:5. This subsection shall not apply to the Attorney General of the State of
				Oklahoma or the Oklahoma Corporation Commission Commissioners and
				Staff.
(4) In addition to the above
				protections, all Authorized Participants may be required by the Commission to
				enter into a separate non-disclosure agreement as a pre-requisite to being
				granted intervention and "Authorized Participant" status.