Rule 515-7-2-.03 - Hearing Procedures(1) Not less than ten days after any filing by a Utility of its Gas Supply Plan for the following Recovery Year, the Commission shall conduct a public hearing on such filing. The Utility's testimony shall be under oath and shall, with any corrections thereto, constitute the Utility's affirmative case.(2) The provisions of law relating to parties, intervention, and discovery in proceedings before the Commission shall apply with respect to proceedings under O.C.G.A. § 46-2-26.5. However, the requirements of O.C.G.A. § 46-2-25 shall not apply to such proceedings.(3) At any hearing conducted pursuant to O.C.G.A. § 46-2-26.5, the burden of proof to show that the proposed Gas Supply Plan and Adjustment Factors are appropriate shall be upon the Utility.(4) Following such a hearing, the Commission shall issue an order approving the Gas Supply Plan filed by the Utility or adopting a Gas Supply Plan for the Utility that the Commission deems appropriate. In addition, the Commission in its order shall approve the Adjustment Factors proposed by the Utility or adopt Adjustment Factors that the Commission deems appropriate.(5) If, for any reason, the Commission does not issue an order by the 45th day after the Utility's filing which either approves the Gas Supply Plan filed by the Utility or adopts a different Gas Supply Plan for the Utility, the Gas Supply Plan proposed by the Utility shall thereupon be deemed approved by operation of law.(6) If, for any reason, the Commission does not issue an order by the 45th day after the Utility's filing which either approves the Adjustment Factor(s) proposed by the Utility or adopts a different Adjustment Factor(s) for the Utility, the Adjustment Factors proposed by the Utility shall thereupon deemed approved by operation of law.(7) All Commission orders issued pursuant to O.C.G.A. § 46-2-26.5 shall contain the Commission's findings of fact and conclusions of law upon which the Commission's action is based. Any such order shall be deemed a final order subject to judicial review under Chapter 13 of O.C.G.A. Title 50, the "Georgia Administrative Procedure Act."Ga. Comp. R. & Regs. R. 515-7-2-.03
Ga. L. 1878-79, p. 125, 1907, pp. 72-81; 1922, pp. 142-147; 1956, pp. 104, 105; 1964, pp. 338; 1965, p. 283; 1975, Sec. 2, pp. 404-412; 1994, p. 630, Sec. 2.
Original Rule entitled "Hearing Procedures" adopted. F. May 19, 1995; eff. June 8, 1995.