Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 21 - Homeland Security and Critical Infrastructure › Section 165:45-21-10 - 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 utility'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 utility's Plan
				and/or Plan Update Reports. All Attorney General personnel and their 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
				165:45-21-3 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 utility'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.