Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 5 - Aboveground Storage Tanks › Subchapter 7 - Commencement of a Case › Part 3 - OIL AND GAS › Section 165:5-7-41.1 - Complaint under 52 O.S., Sections 24.4 and 24.5, against a natural gas gatherer

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				  action by the Commission under 52 O.S. §§
										24.4 and
				  24.5,
				  shall be initiated by the filing of a Formal Complaint by the aggrieved party,
				  following which the Commission shall conduct a hearing and take such evidence
				  as is necessary to determine the merits of the Complaint; provided no hearing
				  shall be conducted during such time as there is in effect an agreement of the
				  parties for submission of the subject of the Complaint to the informal dispute
				  resolution procedure under Subchapter 23 of this Chapter, if such agreement
				  also expressly extends the one hundred twenty (120) day period of (c) of this
				  Section. "Complaint" or "Formal Complaint" for these purposes does not include
				  a Notice of Intent to Mediate or other pleading or papers filed under the
				  informal dispute resolution procedure.
(b) The Complainant shall send notice of
				  hearing of the Complaint and a copy of the Formal Complaint to the gatherer by
				  registered or certified mail with return receipt requested at least twenty (20)
				  days prior to such hearing, but in no event shall the hearing beless than
				  thirty (30) days from the filing of the Complaint.
(c) Proceedings instituted under this Section
				  shall be completed and a final, appealable order entered by the Commission
				  within one hundred twenty (120) days of the filing of the Formal Complaint with
				  the Commission's Court Clerk, unless such date is extended by the agreement of
				  the parties. All matters to be determined by the Commission relative to a
				  complaint filed under this Section shall be heard on an expedited
				  basis.
(d) When a Formal Complaint
				  has been filed and the Complainant seeks to continue its existing gathering
				  service, the Commission, upon motion of the Complainant, subject to the
				  provisions of 52 O.S. §
										24.5(E),
				  may enter an interim order requiring continuation of gathering service under
				  the fees and terms and conditions of service of the last expired contract, if
				  any, during the pendency of the complaint or set an interim fee and terms and
				  conditions of continued service. Notice and hearing of such motion shall be in
				  accordance with OAC
				  165:5-9-2(b),
				  and any interim order entered by the Commission shall be temporary and subject
				  to a final determination of the merits of the Complaint.
(e) When a Formal Complaint has been filed,
				  the Commission, upon motion of either party, may enter an order requiring the
				  other party to produce designated documents or data, not privileged, which are
				  in such party's care, custody and control, and which are relevant to the
				  subject matter of the Complaint, for inspection and copying at a location
				  stated in the order. Notice and hearing of such motion shall be in accordance
				  with OAC
				  165:5-9-2(b),
				  and any order entered shall direct production of the designated documents
				  within ten (10) days of the date of such order. A copy of the order must be
				  served by regular mail on the party required to produce the designated
				  documents at least five (5) days prior to the date upon which production is
				  required. This provision shall be in addition to any prehearing procedures
				  provided under Subchapter 11 of this Chapter.
Added at 13 Ok Reg
					 2371, eff 7-1-96; Amended at 17 Ok Reg 596, eff 12-16-99 (emergency); Amended
					 at 17 Ok Reg 1853, eff 7-1-00