reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 3 - OIL AND GAS › Section 165:5-7-33 - Extension of time for closure of a noncommercial pit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Section applicability.
The provisions of this Section shall apply
				  to each application under 165:10-716 to extend time for closure of a
				  pit.
(b)
Application
				  form.
The applicant shall prepare the application in a form which
				  complies with OAC 165:5-71.
(c)
Affidavit.
The applicant shall attach to the application an
				  affidavit explaining the applicant's reasons for the extension.
(d)
Site inspection.
The
				  applicant shall be responsible for obtaining a site inspection by
				  representative of the Conservation Division.
(e)
Exhibits.
The applicant
				  shall submit at the time of filing of the application all exhibits and data
				  required by 165:10-716.
(f)
Dismissal for noncompliance.
Failure to complete the application,
				  submit the affidavit and perform the site inspection within sixty (60) days
				  after the date of filing of the application shall be grounds for dismissal of
				  the application.
(g)
Notice
				  of the Application.
(1)
Contents.
The notice of the application shall contain the
				  following information:
(A) A brief
				  description of the relief sought.
(B) The terms of the protest period.
(C) The data and time for a site
				  inspection to be made by the applicant, a Commission representative, and any
				  interested person.
(D) The name,
				  address, and telephone number of the applicant or its representative, whom
				  anyone may contact for additional information concerning the application.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 3 - OIL AND GAS › Section 165:5-7-34 - Waiver of pit closure requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Section applicability.
The provisions of this Section shall apply
				  to each application under 165:10-716(e)(9) to exempt an operator from
				  responsibility for closure of a pit and transfer to the surface owner
				  responsibility for maintenance and closure of the pit.
(b)
Names required.
Each
				  application under this Section shall be filed in the name of the well operator
				  and the surface owner of the land on which the pit is located.
(c)
Surface owner signature.
The
				  application shall not be approved without the signature of the surface owner on
				  the application.
(d)
Application form.
The applicants shall prepare the application
				  with a caption in a format which complies with Appendix D to this Chapter.
(e)
Exhibits.
The
				  applicant shall submit at the time of filing of the application all exhibits
				  and data required by 165:10-716.
(f)
Dismissal for noncompliance.
Failure to complete the application, submit the exhibits, serve the notice and
				  perform the site inspection within sixty (60) days after the date of filing of
				  the application shall be grounds for dismissal of the application.
(g)
Notice of the application.
(1)
Contents.
The notice of the
				  application shall contain the following information:
(A) A brief description of the relief sought.
(B) The terms of the protest
				  period.
(C) The data and time for a
				  site inspection to be made by the applicant, a Commission representative, and
				  any interested person.
(D) The
				  name, address, and telephone number of the applicant or its representative,
				  whom anyone may contact for additional information concerning the application.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 3 - OIL AND GAS › Section 165:5-7-35 - Operation of commercial pit, commercial soil farming site and/or commercial recycling facility

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
Each application for authority to operate a
				  commercial pit under 165:10-91, a commercial soil farming site under
				  165:10-9-2
				  and/or a commercial recycling facility under
				  165:10-9-4
				  shall comply with the application requirements of OAC
				  165:5-7-1(a)
				  through (e). The Commission will not accept
				  an application for an emergency order approving a commercial facility that
				  requires a permit under OAC
				  165:10-9-1,
				  OAC
				  165:10-9-2
				  or OAC
				  165:10-9-4.
(b)
Exhibits.
At the time of the
				  filing of the application, the applicant shall submit all exhibits and
				  data.
(c)
Dismissal for
				  noncompliance.
Failure to complete the application, submit the exhibits,
				  serve the notice, and perform the site inspection within sixty (60) days after
				  the date of filing of the application may be grounds for dismissal of the
				  application.
(d)
Notice of
				  the application.
(1)
Contents.
The notice of the application shall contain the
				  following information:
(A) A brief
				  description of the relief sought.
(B) The terms of the protest
				  period.
(C) The date and time for a
				  site inspection to be made by the applicant, a Commission representative and
				  any interested person.
(D) The
				  name, address, and telephone number of the applicant or its representative,
				  whom anyone may contact for additional information concerning the application.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 3 - OIL AND GAS › Section 165:5-7-35.1 - Change of operator regarding commercial pit, commercial soil farming site and/or commercial recycling facility

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
Each
				  application requesting the issuance of an order changing a designation of
				  operator in an order authorizing a commercial pit under
				  165:10-9-1,
				  a commercial soil farming site under
				  165:10-9-2
				  and/or a commercial recycling facility under
				  165:10-9-4
				  (collectively "commercial facility") shall comply with the application
				  requirements of OAC
				  165:5-7-1(a)
				  through (e).
(b)
Notice of application.
Notice of the application for a change of operator regarding a
				  commercial facility shall be published one time in a newspaper of general
				  circulation in Oklahoma County, Oklahoma, and in a newspaper of general
				  circulation published in each county in which the subject lands are located.
				  The notice shall include the following information:
(1) The legal description of the commercial
				  facility .
(2) The name and
				  physical mailing address of the current operator of the commercial facility and
				  the name and physical mailing address of any entity to whom transfer of
				  operation of such facility is sought.
(3) The name, physical mailing address,
				  telephone number, electronic mail address and facsimile number of the applicant
				  or its representative, whom anyone may contact for additional information
				  concerning the application.
(4) The
				  notice must also include the following language:
(A) Written protests to the relief sought
				  must be filed with the Court Clerk's Office, Oklahoma Corporation Commission,
				  P.O. Box 52000, Oklahoma City, OK, 73152-2000, submitted to the applicant or
				  its representative and to the Manager of the Pollution Abatement Department,
				  Oklahoma Corporation Commission, P.O. Box 52000, Oklahoma City, OK, 73152-2000,
				  within fifteen (15) days of the later of the date of publication of the notice
				  of application and service of the application and notice of application on all
				  respondents in the cause. Written protests must specify the name of the
				  applicant, cause number, reasons for protest, and the name(s), physical mailing
				  address(es), telephone number(s), electronic mail ad-dress(es) and facsimile
				  number(s) of the protestant(s).
(B)
				  If there are no written protests to the application and the Commission does not
				  require a hearing, the application shall be presented to the Manager of the
				  Pollution Abatement Department for administrative review without a hearing, and
				  if the application is protested, then any protestants shall receive notice of
				  hearing.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 3 - OIL AND GAS › Section 165:5-7-36 - Road oiling [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
					 2179, eff 7-11-08
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 3 - OIL AND GAS › Section 165:5-7-38 - License for pulling casing and plugging wells

Current through Vol. 41, No. 20, July 1, 2024
Each application for approval of a license for pulling
					 casing and plugging wells shall be submitted to the Oil and Gas Conservation
					 Division Field Operations Department on Form 1055. See OAC
					 165:10-11-1.
Amended at 9 Ok Reg
					 2327, eff 6-25-92; Amended at 10 Ok Reg 2591, eff 6-25-93; Amended at 27 Ok Reg
					 2098, eff 7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 3 - OIL AND GAS › Section 165:5-7-39 - Staff applications for state funds to conduct remedial action

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
This Section establishes the procedure for applications by
				  Commission staff requesting the issuance of orders authorizing the use of state
				  funds to plug, replug or repair wells, and repair, remediate or close
				  commercial pit facilities.
(b)
Referral of case from the Oil and Gas Conservation Division.
Upon
				  receipt of a request from the Oil and Gas Conservation Division seeking the
				  issuance of an order authorizing the use of state funds to plug, replug or
				  repair wells pursuant to 52 O.S. §309 et seq. or regarding the repair,
				  remediation or closure of a facility constructed or used for permanent storage
				  of deleterious substances pursuant to 52 O.S. §140, an application shall
				  be filed. Applicant shall:
(1) Give proper
				  notice of the application.
(2)
				  Acquire affidavits and any other exhibits showing the need for state funds to
				  plug, replug or repair wells, or to repair, remediate or close a facility. The
				  status of the well or facility operator and the condition of the well or
				  facility are to be addressed in the exhibits.
(3) Acquire specifications and estimate of
				  costs to plug, replug or repair wells or to repair, remediate or close
				  facilities.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 3 - OIL AND GAS › Section 165:5-7-40 - Oil and gas conservation and pollution rulemakings

Current through Vol. 41, No. 20, July 1, 2024
Notice of an application to make or prescribe or to alter,
					 amend, or modify a permanentrule or regulation relating to oil and gas
					 conservation or to pollution matters shall be published one time at least
					 fifteen (15) days prior to the hearing or prior to the commencement of the
					 comment period, whichever is applicable, in a newspaper of general circulation
					 published in Oklahoma County, Oklahoma, and in a newspaper of general
					 circulation published in Tulsa, Oklahoma.
Amended at 10 Ok Reg
					 2591, eff 6-25-93
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 3 - OIL AND GAS › Section 165:5-7-41 - Orders relating to oil and gas pollution

Current through Vol. 41, No. 20, July 1, 2024
(a) An application for an order relating to
				  oil and gas operations, see OAC 165:10, and notice of hearing thereof shall be
				  served by the applicant by restricted mail upon the named respondent.
(b) Notice of hearing for an order relating
				  to oil and gas operations under the provisions of OAC 165:10 shall be published
				  pursuant to
				  165:5-7-1(n)(2).
Amended at 10 Ok Reg
					 2591, eff 6-25-93
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 3 - OIL AND GAS › Section 165:5-7-42 - Oil and gas conservation and pollution causes other than specifically provided

Current through Vol. 41, No. 20, July 1, 2024
Notice of hearing for an order relating to oil and gas
					 conservation or pollution, that is otherwise not specifically provided for in
					 this Chapter, shall be published pursuant to 165:5-
					 7-1(n)(2).
Amended at 10 Ok Reg
					 2591, eff 6-25-93
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 5 - PUBLIC UTILITIES › Section 165:5-7-50 - Interim public utility rate relief

Current through Vol. 41, No. 20, July 1, 2024
(a) In order to obtain interim public utility
				  rate relief, the applicant shall show:
(1)
				  That a proceeding before the Commission for an increase in rates will consume a
				  considerable length of time.
(2)
				  That the rates in effect do not yield a reasonable rate of return or yield
				  sufficient coverage ratios.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 5 - PUBLIC UTILITIES › Section 165:5-7-51 - Applications affecting public utility rates

Current through Vol. 41, No. 20, July 1, 2024
(a) In utility rate cases where a general
				  rate increase is sought, the applicant shall make a good faith effort to serve
				  notice of the proposed rate change by mailing notice to all affected utility
				  customers, unless the Commission directs otherwise. The notice shall:
(1) Contain information concerning the nature
				  of the proposed changes and the effect of the changes on customer
				  billing.
(2) Give the date and
				  location of the hearing to be held. This notice may be included in regular
				  customer billings but in any case shall be served at least fifteen (15) days
				  prior to the date of hearing. A customer entitled to such a notice shall not be
				  a respondent within the definition of
				  165:5-1-3 unless such
				  customer enters an appearance in the cause pursuant to
				  165:5-13-3(c).
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 5 - PUBLIC UTILITIES › Section 165:5-7-52 - Public utility certificate of authority for issuance of securities

Current through Vol. 41, No. 20, July 1, 2024
(a) Any public
				  utility, as defined in 17 O.S. §
										181,
				  desiring to issue securities or to create liens to secure evidences of
				  indebtedness pursuant to the above statute, shall file an application setting
				  forth:
(1) The amount and character of the
				  proposed securities or liens.
(2)
				  The general purposes for which they are to be issued or created, including a
				  description and statement of the value of any property or services that are to
				  be received in full or partial payment for the securities or in a proper case
				  the evidence of indebtedness to be secured by the lien or liens.
(3) Any property or services already received
				  by the public utility, the cost of which is to be reimbursed to the public
				  utility by the proceeds of such securities or evidences of
				  indebtedness.
(4) The most recent
				  balance sheet of the public utility certified by their independent
				  auditor.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 5 - PUBLIC UTILITIES › Section 165:5-7-53 - Certificate of convenience and necessity and service territory expansions for providing telecommunications services

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to 17 O.S. §§131, et
				  seq., notice that an application has been filed for a certificate of
				  convenience and necessity to construct, build, equip or operate public
				  telephone toll or long distance line or lines or any public telephone exchange
				  or exchanges in any territory shall be published once a week for two (2)
				  consecutive weeks in some newspaper of general circulation in each territory
				  affected.
(b) No certificate shall
				  issue until the expiration of thirty (30) days from the date of the first
				  publication of notice. If no protest is filed, the Commission may issue the
				  certificate without a hearing. If a written objection to the application is
				  filed within the thirty day period, the application shall be set for hearing
				  and notice thereof shall be given by the Applicant filing notice of the hearing
				  in the Office of the Commission's Court Clerk and providing said notice to all
				  parties of record and the Attorney General, at least 10 days prior to the
				  hearing.
(c) This Section shall not
				  be construed to require any telephone company to secure such a certificate for
				  any extension within or to any territory already served by it or for any
				  extension into a territory contiguous to a territory already served by it on
				  which it has heretofore filed with the Commission an exchange map showing the
				  territory professed to be served by such telephone company.
Amended at 14 Ok Reg
					 2474, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 5 - PUBLIC UTILITIES › Section 165:5-7-54 - Certificate of convenience and necessity for water transportation lines

Current through Vol. 41, No. 20, July 1, 2024
(a) Notice that an
				  application has been filed for a certificate of convenience and necessity for
				  water transportation lines shall be given by restricted mail or personal
				  service to:
(1) The chief executive officer
				  of the municipality or municipalities affected, if any.
(2) The board of county commissioners in any
				  county the line enters or traverses.
(3) Any water transportation company having a
				  water transportation line in any county in which the proposed line is to be
				  built or having a transportation line in any county or counties having a common
				  boundary at any point to any county in which the proposed line is to be
				  built.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 5 - PUBLIC UTILITIES › Section 165:5-7-55 - Assignment of certificate of convenience and necessity; water transportation line

Current through Vol. 41, No. 20, July 1, 2024
(a) The holder
				  of a certificate of convenience and necessity to construct, build or equip a
				  water transportation line or amendments thereto may file its application
				  seeking the consent of the Commission to assign, lease or alienate such
				  certificate. Such certificate may be assigned, leased or alienated only when
				  the physical assets of the water transportation company or that part thereof
				  covered by the certificate are assigned, leased or alienated to the same
				  assignee to assign a certificate of convenience and necessity.
(b) The application shall be set for hearing
				  and notice shall be given in writing at least ten (10) days prior to the date
				  of the hearing to all persons who are served by the facilities covered by the
				  certificate which is sought to be transferred.
(c) The notice shall be published once a week
				  for two (2) consecutive weeks in a newspaper of general circulation in each
				  county in which the line is located.
(d) Except as otherwise specifically provided
				  in this Section, applications filed hereunder shall be governed by the
				  provisions of the Administrative Procedures Act.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 5 - PUBLIC UTILITIES › Section 165:5-7-56 - Extension of water transportation service

Current through Vol. 41, No. 20, July 1, 2024
(a) Notice of hearing for extension of water
				  transportation service shall be given by mail at least ten (10) days prior to
				  the date of hearing to all persons holding certificates nearest to those
				  requesting service and to the municipal officers of all municipalities served
				  or to be served by such water transportation companies.
(b) Notice of hearing for extension of water
				  transportation service shall be published once a week for two (2) consecutive
				  weeks in a newspaper or newspapers of general circulation in the county or
				  counties in which the line is proposed to be constructed.
(c) Except as otherwise specifically provided
				  in this Section, applications filed hereunder shall be governed by the
				  provisions of the Administrative Procedures Act.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 5 - PUBLIC UTILITIES › Section 165:5-7-57 - Acquisition, control, or merger of domestic public utilities

Current through Vol. 41, No. 20, July 1, 2024
(a) An application
				  for approval of the acquisition, control or merger of a domestic public
				  utility, pursuant to 17 O.S. §§
										191.1 et
				  seq., excluding gas utilities, and an electric cooperative, pursuant to 17 O.S.
				  §
										158.50,
				  shall include the following additional information, made under oath or
				  affirmation:
(1) The name and address of each
				  acquiring party and all affiliates thereof; and
(A) If such acquiring party is an individual,
				  his principal occupation and all offices and positions held during the past
				  five (5) years, and any conviction of crimes other than minor traffic
				  violations during the past ten (10) years, or
(B) If such acquiring party is not an
				  individual, a report of the nature of its business and its affiliates'
				  operations during the past five (5) years or for such lesser period as such
				  acquiring party and any predecessors thereof shall have been in existence; an
				  informative description of the business intended to be done by such acquiring
				  party and its subsidiaries; and a list of all individuals who are or who have
				  been selected to become directors or officers of such acquiring party, or who
				  perform or will perform functions appropriate or similar to such positions.
				  Such list shall include for each such individual the information required by
				  (a)(1) of this Section.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 5 - PUBLIC UTILITIES › Section 165:5-7-58 - Utility or transportation rulemaking and other general orders [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg
					 3675, eff 7-11-94
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 5 - PUBLIC UTILITIES › Section 165:5-7-59 - Reciprocity of final orders between states - telephone

Current through Vol. 41, No. 20, July 1, 2024
(a)
Southwestern Bell Telephone
				  Company.
When any exchange is served by a central office or offices
				  located in an adjacent state and the lesser of ten percent (10%) or five
				  hundred (500) of the customers served by such exchange are located in Oklahoma,
				  except when the exchange has fewer than five hundred (500) customers the ten
				  percent (10%) limitation shall not apply, the basic local exchange services
				  within the Oklahoma portion of such exchange shall be furnished at the rates
				  and charges prescribed for the adjacent state within which such central office
				  or offices are located; provided that:
(1) The
				  Company shall file all pleadings with this Commission within ten (10) days
				  subsequent to filing the pleadings with the adjacent state within which such
				  central office or offices are located, or within ten (10) days of the effective
				  date of this Section.
(2) The
				  Company shall include with the notice an impact statement as directed by this
				  Commission.
(3) The rates and
				  charges prescribed by an order of the Regulatory Agency of such adjacent state,
				  after a hearing on the merits has been held in such adjacent state, shall be
				  filed with the Corporation Commission of the State of Oklahoma.
(4) Unless this Commission, within thirty
				  (30) days after filing of the rates and charges approved by the adjacent state,
				  determines that additional hearings are required to either accept or reject
				  such rates and charges, then such rates and charges shall become lawfully
				  effective for the Oklahoma customers served by such exchange upon the same date
				  when such rates and charges are effective in the adjacent state.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 5 - PUBLIC UTILITIES › Section 165:5-7-61 - Procedures for causes filed pursuant to OAC 165:70

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of this
				  Section is to establish procedures regarding rate change causes filed on the
				  Public Utility Docket pursuant to OAC 165:70 which will allow the Oklahoma
				  Corporation Commission to fulfill its responsibility to process rate changes
				  within the time prescribed by Title 17 O.S. (Supp. 1993) §
										152
				  et seq.
(1) This Section shall apply to all
				  parties to the proceeding, including the utility, the Commission Staff, the
				  Attorney General and any intervening party of record.
(2) To the extent this Section conflicts with
				  other Sections of the Commission's Rules of Practice, OAC 165:5, the procedures
				  established in this Section shall control.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 7 - MOTOR CARRIERS › Section 165:5-7-65 - Applications relating to intrastate motor carrier authority and intrastate licenses

Current through Vol. 41, No. 20, July 1, 2024
Applications for an intrastate for-hire motor carrier
					 license or intrastate private carrier license, renewal of an intrastate
					 for-hire motor carrier license or renewal of an intrastate private motor
					 carrier license and a household goods certificate or a renewal of a household
					 goods certificate shall be processed administratively unless a protest is filed
					 with the Court Clerk's office or the staff of the Transportation Division
					 requests the application be set for hearing.
Amended at 14 Ok Reg
					 2474, eff 7-1-97; Amended at 23 Ok Reg 506, eff 12-19-05 (emergency); Amended
					 at 23 Ok Reg 2225, eff 7-1-06; Amended at 27 Ok Reg 2098, eff
					 7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 7 - MOTOR CARRIERS › Section 165:5-7-66 - Termination of bus service [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 14 Ok Reg
					 2474, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 7 - MOTOR CARRIERS › Section 165:5-7-67 - Termination of railroad agency service [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 17 Ok Reg
					 1853, eff 7-1-00
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 7 - MOTOR CARRIERS › Section 165:5-7-68 - Collective ratemaking procedure/guidelines for motor carriers [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 14 Ok Reg
					 2474, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 9 - Subsequent Pleadings › Section 165:5-9-1 - Response to initial pleading

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
Except where otherwise specifically provided in this
				Chapter, including the Petroleum Storage Tank Division at OAC
				165:5-21-5 and OAC
				165:5-21-6, the
				provisions of this Section govern pleadings filed after a cause has been
				commenced by an application.
(b)
Form.
Every document in opposition to an application shall be
				styled a "Response" and shall contain:
(1)
Caption.
The response shall contain the same caption as in the
				application.
(2)
Body.
The response shall contain four numbered paragraphs, as follows:
(A)
Parties.
The respondent
				shall be identified, including:
(i) Name,
				address, and telephone number of his attorney or designated
				representative.
(ii) Nature of his
				interest in the subject matter of the cause.
(B)
Allegations of fact.
Response to the allegations of fact shall include:
(i) Admissions of all allegations of fact
				admitted by the respondent.
(ii)
				Specific denial of any allegations of fact respondent alleges and expects to
				prove to be untrue.
(iii)
				Allegations of all other facts necessary or appropriate to support respondent's
				position. Failure to deny specifically any allegation of fact will not relieve
				the person making the allegation of the burden of proving it.
(C)
Legal authority.
Citations of statutes, rules, orders, and decided cases in support of the
				response or in opposition to the granting of the relief sought in the
				application.
(D)
Relief
				sought.
A brief statement of the relief sought by respondent, including
				any affirmative relief sought which is not set out in the
				application.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 9 - Subsequent Pleadings › Section 165:5-9-2 - Subsequent pleadings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Reply.
No documents shall be required other than the application
				and responses thereto. Reply to a response shall be permitted but shall not be
				required.
(b)
Motions.
All other objections to or requests for action or relief shall be by motion,
				with service to all persons entitled to notice. Service of the motion shall be
				made through the ECF System to those on the Official ECF service list, by
				regular mail, electronic mail, or in person as provided in this subsection,
				unless otherwise provided by statute. The motion shall state in concise
				language the action or relief sought and the facts and circumstances upon which
				the right thereto is based.
(1) All motions
				shall be set on a regularly scheduled motion docket by a Notice of Hearing to
				be heard by an Administrative Law Judge unless determined otherwise by a
				prehearing/scheduling agreement or a prehearing/scheduling order. All motions
				filed after a case has been set before the Commission or assigned to an
				Administrative Law Judge on the merits shall be set as directed by the
				Commission or the assigned Administrative Law Judge. The filing of a motion may
				not automatically delay the hearing on the merits.
(A) Prior to the record being opened on the
				merits or a prehearing/scheduling agreement filed or a prehearing/scheduling
				order issued, notice shall be given to all persons entitled to notice by the
				movant by serving at least five (5) business days prior to the date set for
				hearing. Service of the notice shall be made through the ECF System to those on
				the Official ECF service list, by regular mail, electronic mail, or in person,
				unless otherwise provided by statute. A copy of the motion and notice of
				hearing shall be provided to each respondent.
(B) After the record in the case has been
				opened on the merits or a prehearing/scheduling agreement has been filed or a
				prehearing/scheduling order has been issued, notice shall be given to all
				persons entitled to notice by the movant by serving, at least five (5) business
				days prior to the date set for hearing. Service of the notice shall be made
				through the ECF System to those on the Official ECF service list, by regular
				mail, electronic mail, or in person, unless otherwise provided by statute. A
				copy of the motion and notice of hearing shall be provided to all parties of
				record.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 9 - Subsequent Pleadings › Section 165:5-9-3 - Emergency applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing.
After an application for emergency relief is filed with
				the Court Clerk, it may be placed on the Commission's Emergency Docket. The
				requisite number of file-stamped copies of the application shall be submitted
				to the Commission on or before 2:00 P.M. of the day preceding the hearing. No
				application for emergency relief shall be accepted for filing by the Court
				Clerk without a base application being previously filed. No base application
				shall be dismissed without hearing subsequent to the issuance of an emergency
				order in the same cause. A motion to dismiss shall be filed. Emergency
				applications for motor carrier causes shall be set for hearing in accordance
				with the provisions of the Commission rules and regulations governing motor
				carriers, OAC 165:20. The Commission will not accept an application for an
				emergency order approving a commercial facility that requires a permit under
				OAC
				165:10-5-5,
				OAC
				165:10-9-1,
				OAC
				165:10-9-2
				or OAC
				165:10-9-4.
(b)
Notice.
Notice of hearing on
				an emergency application shall be served on all parties otherwise entitled to
				notice under the base application not less than five (5) business days prior to
				the date of the emergency hearing; provided that, if the applicant has received
				written approval from all parties of record and respondents, the provisions of
				this Section shall not apply. Notice of hearing on motor carrier emergency
				applications shall be set on the Commission docket as prescribed by
				law.
(c)
Exception.
In
				order to protect the public health and safety, the Commission may issue an
				emergency order without notice and hearing and without the filing of a base
				application.
Amended at 10 Ok Reg
				  2591, eff 6-25-93; Amended at 25 Ok Reg 2179, eff 7-11-08; Amended at 27 Ok Reg
				  2098, eff 7-11-10; Amended at 29 Ok Reg 938, eff
				  7-1-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 9 - Subsequent Pleadings › Section 165:5-9-4 - Intervention and parties of record

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				person, not subject to subsection d of this Section, interested in the subject
				matter of a case may become a party of record by filing a motion for
				intervention, which shall be accompanied by a notice of hearing and set for
				hearing on the next motion docket or as agreed to by the parties of record and
				the Commission or Administrative Law Judge. The Commission or an Administrative
				Law Judge shall prescribe terms and conditions upon which intervention shall be
				allowed. Upon the issuance of an order granting the intervention, an entry of
				appearance for each representative of the intervening party shall be filed in
				the case within three (3) business days.
(b) An intervention shall follow the form
				provided elsewhere in this Chapter for an application or a response. An
				intervention may seek affirmative relief.
(c) Each motion to intervene, accompanied by
				the notice of hearing, shall be served to all parties of record.
(d) The following persons shall become a
				party of record by filing an entry of appearance or orally stating an entry of
				appearance at any proceeding regarding the case without needing to file a
				motion for intervention:
(1) A person named
				as a respondent,
(2) A person
				entitled to personal notice in a case,
(3) A person seeking to intervene with the
				agreement of the applicant, all parties of record, and the Commission or
				Administrative Law Judge,
(4) The
				Attorney General, or
(5) The U.S.
				Department of Defense and/or the Federal Executive Agencies, but only for cases
				filed on the PUD docket.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 9 - Subsequent Pleadings › Section 165:5-9-5 - Joinder and consolidation of parties and proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a) An application may join two or more
				separate requests for relief or Commission action, or may request two or more
				types of action or relief in the alternative. An application relating to oil
				and gas conservation or pollution shall seek only one type of relief.
(b) A complaint may join two or more grounds
				of complaint, whether or not arising out of the same transaction, but each
				separate action complained of shall be separately stated and
				numbered.
(c) Two or more
				complainants may join in one complaint if their respective complaints are
				against the same person or persons and involve substantially the same subject
				matter and grounds.
(d) The
				Commission or Administrative Law Judge may consolidate for hearing purposes
				only, two or more cases where such action would be just, without an order.
				Where separate cases have been consolidated for the purpose of hearing only,
				separate orders, each with the caption of the appropriate case, must be entered
				regarding hearing results. Any exhibits introduced during the hearing shall be
				filed in each case.
(e) Upon motion
				by a party, the Commission may consolidate separate cases to proceed as one
				action. Following the entry of an order granting a motion to consolidate, all
				filings and exhibits in any of the consolidated cases shall be made in the case
				with the lowest case number, unless a different case number is indicated in the
				consolidation order; and all filings must include in the caption, the style and
				case number of each case that has been consolidated.
(f) Upon motion of a person, or upon its own
				motion, with or without notice, the Commission may order a person to be joined
				as a party of record and to appear in a proceeding. The movant shall cause a
				copy of such order to be served by regular mail, electronic mail or in person
				upon such party of record.
(g) Upon
				motion of a person, or upon its own motion with or without notice, the
				Commission may order a proceeding dismissed as to one or more parties of
				record.
Amended at 27 Ok Reg
				  2098, eff 7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 9 - Subsequent Pleadings › Section 165:5-9-6 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The Commission or Administrative Law Judge before whom a
				case is set may continue or adjourn a hearing at any time for any period, with
				or without notice or motion. Continuances may be granted for good cause shown,
				or by agreement of all parties of record at the hearing. A stipulation of a
				continuance among all parties of record ordinarily will be approved, unless the
				Commission determines that the public interest requires otherwise. A
				continuance in a case may be granted in advance of the date for hearing of the
				case in the following ways:
(1) As provided
				in OAC
				165:5-9-2(b)(1);
				or
(2) The applicant in a case may
				request a continuance at least five (5) business days in advance of a hearing
				date from the Docket Clerk or, if the case has been assigned for hearing, the
				Commission or assigned Administrative Law Judge. Upon approval of a continuance
				date, the applicant shall send a notice of continuance stating the continuance
				date to the Docket Clerk and if the case has been assigned for hearing, the
				Commission or assigned Administrative Law Judge. Notice of the continuance date
				shall be served on all respondents or, if a prehearing/scheduling agreement has
				been filed or a prehearing/scheduling order has been issued in the case, notice
				of the continuance date shall be served on all parties of record. The notice of
				continuance must be sent to all persons entitled to notice at least five (5)
				business days prior to the date of the hearing. Service of the notice of
				continuance shall be made through the ECF System to those on the Official ECF
				service list, by regular mail, electronic mail, or in person, unless otherwise
				provided by statute. Such case shall be continued on the docket without the
				necessity of the appearance of the applicant at the time of hearing.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 11 - Prehearing Procedures › Section 165:5-11-1 - Deposition and discovery

Current through Vol. 41, No. 20, July 1, 2024
(a)
Depositions.
(1) Deposition of a
				witness for use at a hearing may be taken only when ordered upon motion by the
				Commission or of a person. The order may direct that the deposition of a
				witness be taken inside or outside the State of Oklahoma.
(2) The order shall state the time and place
				the deposition shall be taken, and the person taking the deposition shall serve
				a copy of the order by regular mail on each party of record at least five (5)
				days prior to the date scheduled for taking the deposition.
(3) The manner of taking depositions shall
				otherwise be governed by the laws relating to taking of depositions for use in
				the District Courts of Oklahoma. Attendance of a witness for taking of his
				deposition shall be governed by OAC
				165:5-11-3,
				except that the attendance of a witness for deposition shall be required only
				in the county of his residence.
(4) A deposition may be offered in evidence
				at the hearing by any person.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 11 - Prehearing Procedures › Section 165:5-11-2 - Prehearing conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
Objective.
The Commission, with or without request of any party of
				record, may order the parties of record or their attorneys to appear at a
				designated time for a prehearing conference. The conference shall be attended
				by the parties of record or their attorneys who have full knowledge of the
				cause and who have authority to bind their clients by stipulations. The
				conference shall meet to consider:
(1)
				Simplification of the issues and amendments to documents.
(2) Presentation of issues of law,
				adjudication of which may simplify or eliminate issues of fact.
(3) Admissions and stipulations of fact which
				will avoid unnecessary evidence and testimony. No stipulation, settlement or
				agreement between the parties of record, their attorneys, or representatives,
				with regard to any matter involved in any cause shall be enforced unless it
				shall have been reduced to writing and signed by the parties of record or the
				representatives authorized by these rules to appear for them, and thereafter
				made a part of the record or unless it shall have been dictated into the record
				by them during the course of a hearing, or incorporated into an order bearing
				their written approval. This Section shall not limit a party of record's
				ability to waive, modify or stipulate any right or privilege afforded by the
				rules of this Chapter, unless precluded by law.
(4) Identification of documents to be offered
				at the hearing.
(5) Identification
				of and numerical limit upon experts and other witnesses.
(6) Discovery and production of documents,
				records, data and other information.
(7) Audit, investigation and visitation by
				the Commission or its representatives.
(8) Other matters as may aid in trial of the
				cause.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 11 - Prehearing Procedures › Section 165:5-11-2.1 - Initial Screening Conference ("ISC")

Current through Vol. 41, No. 20, July 1, 2024
(a) The following public utility causes may
				be set before the Commission for screening to determine if the Commission will
				retain that cause or refer the cause to an Administrative Law Judge for
				hearing. The Initial Screening Conference may apply to the following public
				utility causes:
(1) Applications for general
				rate change.
(2) Applications
				involving utility restructuring and/or competitive issues.
(3) Other causes as may be decided by the
				Commission.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 13 - Initial and Subsequent Proceedings › Section 165:5-13-1 - Sessions and hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Open
				to public.
All official sessions and public hearings of the Commission
				or any Administrative Law Judge will be open to the public and will be held in
				its official courtrooms at the principal office in Oklahoma City, Oklahoma, the
				regional service office in Tulsa, Oklahoma, or at such other place as provided
				by law or designated by the Commission.
(b)
Time.
All hearings shall
				commence at the time designated in the notice of hearing or by order of the
				Commission.
(c)
Courtroom
				conduct.
Conduct of attorneys before the Commission shall be governed by
				the applicable rules of the Supreme Court of Oklahoma. All parties, witnesses,
				and observers will at all times maintain decorum, and will conduct themselves
				in such manner as to reflect respect for the authority and dignity of the
				Commission and its Administrative Law Judges. Upon violation of this provision,
				any person, witness, attorney, or other representative may be subject to
				punishment for contempt.
(d)
Record of hearing.
A stenographic or electronic record will be
				made of all proceedings before the Commission or an Administrative Law Judge
				pursuant to 20 O.S. §106.4(A). Audio and video recordings of all
				proceedings are official electronic records to be kept by the Commission. A
				transcript of proceedings will be made by a court reporter at the request and
				expense of the person ordering it; or at the request of the Commission, in
				which case a copy will be made for any person requesting it, at that person's
				expense.
Amended at 12 Ok Reg
				  2005, eff 7-1-95; Amended at 27 Ok Reg 2098, eff
				  7-11-10