Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 33 - Homeland Security and Critical Infrastructure › Section 165:35-33-10 - PUD authorized participation

Current through Vol. 41, No. 20, July 1, 2024
(a)
PUD Staff.
Only PUD and
				PUD's designees authorized by PUD to participate in a cause before the
				Commission regarding a utility's Plan and then, shall do so only after meeting
				all applicable requirements for PUD authorization, which shall be determined on
				a case-by-case basis. All PUD and PUD'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
				165:35-33-3 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.