| (a) Applicability. This section applies to all pleadings
as defined in §22.2 of this title (relating to Definitions) and
the following documents:
(1) All documents filed relating to a rulemaking proceedings;
(2) Applications.
(3) Letters or memoranda relating to any item with
a control number;
(4) Reports required by PURA, commission rules or request
of the commission, however, the following reports are exempt from
the requirements of subsections (c), (d), (e), (f) and (h) of this
section:
(A) Reports filed on commission prescribed forms;
(B) Reports prepared for other agencies and filed as
information only with the commission. These reports will be accepted
by the commission as filed with the other agency;
(C) Reports filed under §24.73 of this title (relating
to Water and Sewer Utilities Annual Reports), §25.73(a)(3) of
this title (relating to Financial and Operating Reports), and §26.73(a)(2)
of this title (relating to Financial and Operating Reports); and
(D) Reports that are submitted directly to the commission
using the commission’s website under subsection (j) of this
section.
(5) Discovery requests and responses, however, any
portion of discovery responses that are copies of documents not generated
for the purpose of responding to the discovery request, are exempt
from the requirements of subsections (c), (d), (e), (f) and (h) of
this section.
(b) Requirements of form.
(1) Unless otherwise authorized or required by the
presiding officer or this chapter, documents shall include the style
and number of the docket or project in which they are submitted, if
available; shall identify by heading the nature of the document submitted
and the name of the party submitting the same; and shall be signed
by the party or the party’s representative.
(2) Whenever possible, all documents should be provided
on 8.5 by 11 inch paper. However, any log, graph, map, drawing, or
chart submitted as part of a filing will be accepted on paper larger
than provided in subsection (g) of this section, if it cannot be provided
legibly on letter-size paper. The document must be able to be folded
to a size no larger than 8.5 by 11 inches. Documents that cannot be
folded may not be accepted.
(c) Format. Any filing with the commission must:
(1) have double-spaced or one and one-half times spaced
print with left margins not less than one inch wide, except that any
letter, tariff filing, rate filing, or proposed findings of fact and
conclusions of law may be single-spaced;
(2) indent and single-space any quotation which exceeds
50 words; and
(3) be printed or formatted in not less than 10-point
type.
(d) Citation form. Any filing with the commission should
comply with the rules of citation, set forth, in the following order
of preference, by the commission’s Citation
and Style Guide , the most current edition of the Texas Rules of Form, published by the University
of Texas Law Review Association (for Texas authorities), and the most
current edition of A Uniform System of Citation,
published by The Harvard Law Review Association (for all other
authorities). Neither Rule 1.1 of the Uniform System nor the comparable
portion of the Texas Rules of Form shall
be applicable in proceedings.
(e) Signature. Every pleading and document shall be
signed by the party or the party’s authorized representative,
and shall include the party’s address, telephone number, and,
if available, facsimile machine number. In addition, every pleading
and document shall include an email address, unless the party or the
party’s authorized representative has filed a statement under §22.106
of this title (relating to Statement of No Access). If the person
signing the pleading or document is an attorney licensed in Texas,
the attorney’s state bar number shall be provided.
(f) Page limits. In major rate proceedings, proceedings
initiated under PURA chapter 36, subchapter D or chapter 53, subchapter
D, fuel reconciliations, petitions to declare a market subject to
significant competition, and applications for licensing of new generating
plant, except for testimony and rate filing packages, no document
shall exceed 100 pages in length, including attachments. In all other
dockets, no document shall exceed 50 pages in length, including attachments.
The page limitation shall not apply to courtesy copies of legal authorities
cited in the pleading. A presiding officer may establish a larger
or smaller page limit. In establishing larger or smaller page limits,
the presiding officer shall consider such factors as which party has
the burden of proof and the extent of opposition to a party’s
position that would need to be addressed in the document. The page
limitations in this subsection do not apply to discovery responses.
(g) Hard copy filing standards. Hard copies of each
document shall be filed with the commission in accordance with the
requirements set forth in paragraphs (1)-(7) of this subsection.
(1) Each document shall be typed or printed on paper
measuring 8.5 by 11 inches. Oversized documents being filed on larger
paper as allowed by subsection (b)(2) of this section shall be filed
as separate referenced attachments. No single document shall consist
of more than one paper size.
(2) One copy of each document, that is not the original
file copy, shall be filed without bindings, staples, tabs or separators.
(A) This copy shall be printed on both sides of the
paper or, if it cannot be printed on both sides of the paper, every
page of the copy shall be single sided.
(B) All pages of the copy filed under this paragraph,
starting with the first page of the table of contents, shall be consecutively
numbered through the last page of the document, including attachments,
if any.
(3) For documents for which an electronic filing is
required, all non-native figures, illustrations, or objects shall
be filed as referenced attachments. No non-native figures, illustrations,
or objects shall be embedded in the text of the document. Non-native
figures means tables, graphs, charts, spreadsheets, illustrations,
drawings and other objects which are not electronically integrated
into the text portions of a document.
(4) A cover letter may be attached to any document
filed with the commission, and must be included with tariff-sheet
filings. The cover letter for tariff sheets shall state the control
number, if available, the name of the party submitting the tariff
sheets, sufficient detail to identify the tariff sheets, and shall
be signed by the party or the party’s representative.
(5) Whenever possible, all documents and copies shall
be printed on both sides of the paper.
(6) If the document contains a barcode, the barcode
shall be covered or redacted.
(7) If the document contains personally identifiable
information such as social security numbers or bank account numbers,
either the information must be covered or redacted, or the document
shall be filed confidentially under §22.71(d) of this title (relating
to Filing of Pleadings, Documents and Other materials).
(h) Electronic filing standards. In addition to the
hard copy filings required by subsection (g) of this section, any
document may be filed, and all documents containing more than ten
pages shall be filed, electronically in accordance with the requirements
of paragraphs (1)-(3) of this subsection. Electronic filings are registered
by submission of the relevant electronic documents via the internet
in accordance with transfer standards available in Central Records
or on the commission’s website. Alternatively, electronic filings
may be registered by submission of a physical medium that is acceptable
to the commission, is prepared in accordance with submission standards
available in Central Records or on the commission’s website,
and contains the relevant electronic documents. The commission will
maintain a list of acceptable physical media on its website.
(1) All non-native figures, illustrations or objects
must be filed as referenced attachments. No non-native figures, illustrations,
or objects shall be imbedded in the text of the document. Non-native
figures means tables, graphs, charts, spreadsheets, illustrations,
drawings and other objects which are not electronically integrated
into the text portions of a document.
(2) Each document that has five or more headings and/or
subheadings shall have a table of contents that lists the major sections
of the document, the page number(s) for each major section and the
name of the electronic file that contains each major section of the
document. Discovery responses are exempt from this paragraph.
(3) Any information submitted under claim of confidentiality
shall not be submitted in electronic format.
(i) File format standards.
Cont'd... |
