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Subject 515-2-1 GENERAL APPLICABILITY

Rule 515-2-1-.01 Opinions of Commissioners

Every member of the Commission will, in all cases, reserve his opinion and in no way commit himself in advance touching the merits of any matter or question to be passed upon by the Commission or that should be dealt with by it, until the facts and evidence are all submitted and the Commission considers the same in administrative session. In determining findings of fact or in its deliberations, the Commission will hold no presumption in favor of the position of any party, including the Public Interest Advocacy Staff, and shall only give weight and credit to any party in the case as can be supported by credible evidence in the record. Provided, however, that nothing in this Rule shall amend, modify or repeal in any way any burden of proof or burden of production requirements under Georgia law. In all matters which relate to the making of rates and which may become the subject of litigation, no member shall make any statement after such matter has been decided by the Commission which may be or is liable to be treated as an admission prejudiced to the action of the Commission. In all cases, and on all questions, any member may file his dissenting opinion when in the minority, or his reasons and grounds for his opinion when in the majority.

Rule 515-2-1-.02 Administrative Sessions

Administrative session meetings shall be held on the first and third Tuesday of each month unless postponed by the Chairman, at ten o'clock a.m. when a quorum is present, in the offices of the Commission in the State Offices Building, 244 Washington Street, S.W., Atlanta Georgia and there shall be such adjourned meetings as may be called, or postponed by the Chairman on his own motion, or on request of any two members. Such meetings shall be open to the public as provided by law. A majority of the Commission shall constitute a quorum for the transaction of business.

Rule 515-2-1-.03 Publication of Commission Decisions

(1) Any action taken by the Commission shall be reduced to writing by the Commission and signed by the Chairman and Executive Secretary thereof. If the Chairman is unavailable to sign an ordeer within five (5) business days from the date the order is logged into the Executive Secretary's office, the Vice-Chairman may sign such an order. If the Executive Secretary is unavailable to sign an order within five (5) business days from the date the order is logged into the Executive Secretary's office, the Assistant Executive Secretary may sign such an order.
(2) All such actions and orders shall be effective from the date such actions are reduced to writing and are signed as herein provided. No such action or order of the Commission may be given retroactive effect. A full and complete record shall be kept of the votes taken in connection with any such action, said record to be spread upon the official minutes of the Commission. When any matter is published by a member or officer or employee of the Commission, the same is his or her individual act or declaration, and not the act of the Commission, unless recited on its face that the Commission has so ordered or decided.

Rule 515-2-1-.04 Applications, Petitions, Complaints, and Filings. Procedural Requirements Relating Thereto

(1) All applications, petitions and complaints made to the Georgia Public Service Commission must plainly and distinctly state the grounds thereof, all being set forth in writing. In like manner, all defenses must be distinctly made in writing and must plainly and distinctly state the grounds thereof. These specifications may be accompanied, if the parties so desire, by any explanation or argument or by any suggestion, touching the proper remedy or policy. The parties may also be heard in person, or by attorney or by written argument, upon such written statements being first filed.
(2) Informal complaints may be made by letter or in person, and are given prompt attention by the Commission and its employees in an endeavor to bring about satisfaction of the complaint without a formal hearing.
(3) On all applications, petitions and complaints, and in any instance in which the Commission initiates an action, notice shall be given to the persons or corporations interested in or affected by said action at least thirty (30) days before any hearing that may be scheduled; provided, however, that the notification provisions of this subpart shall not apply to any emergency action that the Commission may need to take in the interest of safeguarding the public health, safety and welfare or any action in which the parties do not object to proceeding on a more expedited basis.
(a) Unless otherwise directed by the Commission or one of its hearing officers in a written order, the testimony of any witness who testifies as an expert or about matters of a technical nature must be pre-filed in its Executive Secretary's Office at least ten (10) days prior to the commencement of the hearing date, along with any exhibits in support thereof. In the event that the tenth day before the hearing falls on a weekend or state holiday, said testimony and accompanying exhibits shall be pre-filed on the next working day. Lay witnesses or witnesses whose testimony is not of a technical nature may present their testimony verbally, in writing, or in affidavit form at the hearing.
(b) All testimony pre-filed with the Commission shall conform with the filing requirements set forth in Rule 515-2-1-.04(4) and must also be served on all parties of record and the Consumers' Utility Counsel Division of the Governor's Office of Consumer Affairs.
(4) All filings at the Commission shall comply with the following.
(a) In addition to filing an original document with the Commission, a party also shall file an appropriate number of copies. The exact number of copies that a party must file shall be determined by the type of document, as specified on the Official Filing Schedule adopted by the Commission. Once adopted, this schedule may be modified from time to time by order of the Commission.
1. Unless otherwise expressly excepted by the Commission in its Official Filing Schedule, in addition to any other requirement set forth in Rule 515-2-1-.04, a party shall file contemporaneously with an original and the appropriate number of copies, if any, of a document an electronic version of its filing, along with any exhibits attendant thereto. If, for reasons beyond a party's control, any portion of a document cannot be filed electronically, the party making the filing shall include in the place of the unavailable item in its electronic filing a statement that the item in question is not available electronically and the reason(s) for its unavailability. All electronic filings shall be made using the type of software specified by the Commission in its Official Filing Schedule and shall not contain more than four (4) files, including attachments. In the event that a textual, substantive or other type of discrepancy exists between the original hard copy of the document and the electronic version filed, the contents of the original hard copy of the filing shall control.
2. Any party to a contested matter that lacks the technical ability to make an electronic filing with the Commission as required by (4)(a) of this rule may file a petition seeking an exemption from meeting this requirement. Any such petition that may be made pursuant to this rule shall conform with all of the filing requirements of this rule, except that it need not be accompanied by an electronic version of the petition filed. The decision whether to grant such a petition shall be made on a case-by-case basis by the Chairman of the Commission in accordance with Rule 515-1-1-.01.
3. Any filing made pursuant to Rule 515-2-1-.04 must be received by the Commission's Executive Secretary Office no later than 4:00 p.m. if it is to be date stamped as having been received that calendar day. Limited exceptions to the 4:00 p.m. filing deadline requirement may be made by the Executive Secretary's Office for good cause shown. Nothing set forth in this rule shall prevent a party from petitioning the Commission to obtain an exception to the filing deadline in the event that the Executive Secretary does not grant a request that a late filing be accepted nor shall this rule be interpreted to contradict the express provisions of O.C.G.A. § 50-13-23.
(b) All filings with the Commission shall include a valid mailing address, telephone number, and email address. In addition to any other applicable service requirements, all filings made at the Commission shall be sent electronically to all parties who have previously provided a valid email address in the Docket at issue (e.g., through requests for Intervention or other filings).
1. Inability of a party to serve documents electronically for lack of a valid email address as required by Section (b) shall not be construed as a violation of this Rule section.
2. If, for reasons beyond a party's control, any portion of a document cannot be served electronically, the serving party shall include in the place of the unavailable item in its electronic service documentation and a statement that the item in question is not available electronically.
3. In the event that a party is unable to serve another party because either the party to be served does not have or has not provided notice of a valid email address or the document or any portion thereof cannot be served electronically, the serving party shall affect service via the US mail or other acceptable means allowed by the Administrative Procedure Act.
4. Nothing in subsection (b) of this Rule shall supersede Commission Rule 515-3-1-.11: Trade Secrets.
(5) Each electric, natural gas, telephone, telegraph and radio common carrier utility company must also file with the Commission concurrently with their general rate increase applications and other exhibits two (2) copies of Minimum Filing Requirements (MFRs). The MFRs shall be in format and content as prescribed by the Commission for each different type utility, and as contained in form numbered MFR-books as described below in this paragraph. Each utility company desiring an exemption and/or a deviation from the prescribed filing must notify the Commission and receive approval of such exemptions and/or deviations from the Commission prior to the filing of its next application for a general rate increase after this Rule shall have been issued. Blank schedules of the MFRs to be completed by the utility companies will be furnished by the Commission to the companies upon their written request.

(a) Electric Companies, Form Number: GPSC-ELEC-MFR-1

Original Issued

November 4, 1980 DATE

Last Revision:

 
 

NUMBER

 

DATE

(b) Gas Companies, Form Number: GPSC-GAS-MFR-1

Original Issued

November 4, 1980 DATE

Last Revision:

 
 

NUMBER

 

DATE

(c) Telephone Companies, Form Number: GPSC-TELP-MFR-1

Original Issued

November 4, 1980 DATE

Last Revision:

 
 

NUMBER

 

DATE

(d) RCC Companies, Form Number: GPSC-RCC-MFR-1

Original Issued

November 4, 1980 DATE

Last Revision:

 
 

NUMBER

 

DATE

(e) Reserved.

(6) Each electric utility company must also file with the Commission concurrently with their fuel cost recovery applications and other exhibits two (2) copies of Minimum Filing Requirements ("MFRs"). The MFRs shall be in format and content as prescribed by the Commission.

MINIMUM FILING REQUIREMENTS FOR FUEL FILINGS

The following package of proposed fuel filing minimum filing requirements ("MFRs") is organized in three parts:

I. General instructions for preparing and filing the MFRs.
II. MFRs referring to actual / historical data and the calculation of the over- / under- recovered balance. Such MFRs are labeled as "MFRH" to represent the historical period.
III. MFRs referring to the test year and / or future periods and the calculation of the proposed fuel factor. Such MFRs are labeled as "MFRP" to represent the projected period.

GENERAL INSTRUCTIONS

The following instructions are applicable to all schedules required in the process of a fuel filing with the Georgia Public Service Commission ("Commission"):

1. The listed information should be provided as testimony, exhibits, attachments, or schedules in the initial filing. Each schedule shall be sponsored by a witness providing testimony in the case. Schedules shall be referenced by schedule number and name as indicated in each instruction. Schedules which are not applicable at the present time shall be so designated.
2. Where required schedules are filed as exhibits in witness pre-filed testimony, reference to those schedules may be made in the MFRs.
3. To the extent feasible without imposing undue burden on the Utility, (i) all exhibits, schedules and supporting workpapers shall be filed in both hard copy and electronic format; (ii) numerical information shall be provided in Microsoft Excel (or any other compatible software) with formulas and links left intact; and (iii) documents containing primarily narrative information shall be filed in searchable PDF Format. Documents provided in electronic format shall be provided on a compact disk or other appropriate file storage media. Units of measure (e.g., dollars, millions of dollars, MWh, tons) should be clearly identified.
4. Confidentiality: The Utility may allege that some information requested within the fuel filing package requirements is proprietary and confidential, and may be filed as "Trade Secret." In such case, the Utility will comply with the Commission's rules governing Trade Secret filings.
5. The term "historical period" is meant to designate the time period since the last FCR proceeding. Actual data shall be provided on an ongoing basis up to the hearing.
6. To the extent that the Utility already prepares reports with information listed below, those reports may be acceptable if the requested information is clearly identifiable from the report.
7. References to Utility actions include those which are taken by any affiliates acting on the Utility's behalf.
8. Where a coal description is required, it should be provided in terms of source (freight district), typical Btu/lb, and typical percent sulfur.
9. Fuel oil should include a description by type number.
10. Should the Utility propose treatment different from that used in prior fuel proceedings, the Utility will identify such different treatment and explain the reasons such treatment is proposed.

HISTORICAL PERIOD FUEL DATA AND INFORMATION

Schedule MFRH-1: Filing Workpapers

The Utility shall provide the complete set of workpapers, related to the historical period that was used in the Utility's preparation of its prefiled testimony and exhibits. Such workpapers shall include both numerical data and chart data. All sources used to generate any of the data incorporated in the attached worksheets should be provided as workpapers. All tabular data should include the measurement units for which data are provided.

Schedule MFRH 1.1: Historic Fuel Cost Recovery paid by Consumer in dollars- per-month

The Utility shall provide in dollars-per-month for bills rendered during the historical period, including supporting calculations:

1. The average municipal-residential consumer monthly bill and the percent thereof attributable to fuel costs;
2. The average county-residential consumer monthly bill and the percent thereof attributable to fuel costs;
3. The average municipal low-income senior consumer (eligible for the low-income senior discount) monthly bill and the percent thereof attributable to fuel costs; and
4. The average county-residential low-income senior (eligible for the low-income senior discount) monthly bill and the percent thereof attributable to fuel costs.

Schedule MFRH-2: Overall Description and Variance Report

The Utility shall provide a narrative description of the specific reasons for seeking a change in the FCR rate, statistical schedules, and supporting calculations comparing the historical period fuel and purchased power expense by component (e.g., steam, nuclear, hydro, combined cycle, natural gas combustion turbine, oil combustion turbine, solar, wind, biomass, pump storage and other generation, purchased power, sales for resale, carrying costs, and other FCR costs) to the corresponding information used in the prior FCR rate case. The Utility shall include separate summary schedules by month for fuel costs incurred, actual energy generation/purchases, and $/MWH. The narrative description will include a report of all components of fuel costs that are included in the FCR filing showing the amounts for each by month and account. The statistical schedules should be provided on a Georgia Retail basis.

Schedule MFRH-3: Fossil Fuel InventoriesSchedule

Schedule MFRH-3.1: Inventory Targets

This schedule shall present:

1. The Utility's monthly fossil fuel inventory targets and the ending inventory effective during the historical period broken down by plant, unit, and each separate inventory, as applicable. The Utility shall identify the time period over which each target existed.
2. If any of the Utility's coal-fired generating units were operated out of economic dispatch during the historic period due to coal inventory levels, the Utility shall identify the unit(s) and the dates on which such operation occurred.

Schedule MFRH-3.2: Fossil Fuel Inventories

This schedule shall present an analysis of fossil fuel inventories for the historical period. The analysis shall categorize historic inventories by tons, barrels, or cubic feet / Btu equivalent, and dollars.

For each separate plant owned or jointly owned by the Utility, for each month for this historical period, the Utility will provide:

1. Beginning-of-month inventory level, in tons, barrels, cubic feet / BTU equivalent and dollars;
2. Additions for each month, in tons, barrels, cubic feet / BTU equivalent and dollars;
3. Fuel removed from inventory for generation for month, in tons, barrels, cubic feet / BTU equivalent and dollars;
4. End-of-month inventory level, in tons, barrels, cubic feet / BTU equivalent and dollars; and
5. Adjustments to inventory level, in tons, barrels, cubic feet / BTU equivalent and dollars and reason for adjustment.

Schedule MFRH-3.3: Inventory Values

This schedule shall present a description of the accounting treatment of how the Utility determines the unit cost of fossil fuel burned from its inventory. The Utility shall include the method of determining the cost of fossil fuel burned from inventory (FIFO, LIFO, average, or other) for each stockpile at each plant.

Schedule MFRH-4: Unit Outages

Schedule MFRH-4.1: Nuclear Unit Outage

For each nuclear unit owned or co-owned by the Utility, identify each unplanned, forced, and scheduled outages and deratings that occurred during the historical period and provide the following details in Excel spreadsheet format as reported in the GADS database:

1. Unit name;
2. Date started;
3. Date ended;
4. Duration of outage or derating in hours;
5. Type of outage or derating;
6. If derating, indicate the amount of derating (MWh) and maximum power level permitted (MWh);
7. Reason code for outage derating and explanation;
8. The amount of generation lost (MWh);
9. For all forced outages and deratings that occurred during the historic period that resulted in 50,000 MWHs or more of lost generation (as determined on a total unit basis, irrespective of Utility's ownership share), the replacement power cost (as determined based on Utility's ownership share of the unit). Include all calculations; and
10. Upon request from Commission Staff, make available for inspection by Commission Staff the root cause analysis (or similar document) for all outages identified in item #9 if available.

Schedule MFRH-4.2: Fossil Unit Outage

For each fossil unit owned or co-owned by the Utility, list the outages, in Excel spreadsheet format, unplanned and forced outages that occurred during the historical period:

1. Unit name;
2. Date started;
3. Date ended;
4. Duration of outage or derating in hours;
5. Type of outage or derating;
6. If derating, indicate the amount of derating (MWhs) and maximum power level permitted (MWh);
7. Reason code for outage or derating and explanation;
8. The amount of generation lost (MWh);
9. The replacement power cost (as determined based on Utility's ownership share of the unit) for all forced outages and deratings that occurred during the historic period that lasted longer than 7 consecutive days. Include all calculations; and
10. Root cause analysis for all outages identified in item #9 if available.

Schedule MFRH-4.3: Fossil and Nuclear Unit Equivalent Availability

To the extent not covered in MFRH-4.1 and 4.2, the Utility will report actual equivalent availability for the historical period. Such report will include a listing of all unplanned outages, and, if reported in the NERC GADS data base, deratings greater than 75%, and deratings of more than 90% and continuing for at least one month. Listing should be sorted by type of event (maintenance outage, forced outage, derating), plant, unit, and date and should include a brief description of cause (e.g., boiler tube leak).

Schedule MFRH-4.4: Transmission Outage and Congestion

List in column form any transmission outages and/or congestion that led to the need for replacement power during the historical period. Include:

1. Identity of transmission facility;
2. Date started;
3. Date ended;
4. Duration of outage or congestion in hours;
5. Reason for outage or congestion; and
6. Incremental cost of the outage or congestion.

Schedule MFRH-5: Generating Plant and Unit Data

For each unit operated by the Utility and which is located at a plant at least partly included in retail rate base, the Utility shall provide an identification of generating resources, including:

1. Name of plant, location by city or county and unit designation;
2. Year the unit was first placed in operation;
3. Maximum net dependable capacity for each unit (MW);
4. Generator nameplate rating (MW or MVA (specify));
5. Percent of total net dependable capacity included in retail rate base;
6. For any units with capacity not included in rate base, the name of each Utility or other entity which receives unit energy and net dependable MW or percent of total net MW assigned to that Utility or entity. Identify primary type of fuel used by these generating units;
7. Primary types of fuel used by each generating unit and types of fuel used for startup/ignition. For coal units, the following information will be provided:
a. Type of coal used, if applicable: design coal, current coal used, and other types of coal which can be burned in the unit;
b. If coals are blended, the maximum percentages of each coal which may be used and the types of coal which may be blended together;
c. Description of specific design and permitting constraints on coal blending;
8. Copy of the annual Environmental Compliance Strategy Review;
9. Type of flue gas control equipment installed at unit for each part of the historical period (e.g., flue gas desulfurization system), if applicable;
10. Listing of environmental regulations and/or permits related to SO2 and NOx emissions effective during each part of the historical period which affect the type of coal that may be burned at the unit (e.g., state of Georgia limit of 3% sulfur in all coal burned);
11. Railroads with track physically available to deliver coal to plant; and
12. Pipelines physically able to deliver natural gas and/or fuel oil to plant.
13. The Utility should provide the following data for each unit on a monthly basis:
a. Net unit heat rate, Btu per net kWh;
b. Gross and net energy generated by unit, MWH by Utility unit share if applicable;
c. Net unit capacity factor; and d. Fuel cost.
14. Within 15 days of the filing of a full fuel cost recovery application, the Utility shall provide the following data on a monthly basis, as available, for each generating unit from which the Company receives energy or capacity under a PPA:
a. Net unit heat rate, Btu per net kWh;
b. Gross and net energy generated by unit (MWH);
c. Net unit capacity factor;
d. Fuel cost; and
e. VOM cost.

Schedule MFRH-6: Fuel and Purchased Power Procurement Practices

This schedule shall include the current fuel procurement procedures and a narrative of purchased power procurement practices of the Utility during the historical period. Utility shall provide a copy of the most current long term coal procurement strategy summary, financial review procedures summary, natural gas procurement strategy summary, and Intercompany Interchange Contract ("IIC") and note any changes from the previously filed IIC.

Schedule MFRH-7: Fuel and Fuel-Related Contracts

This schedule shall include summaries as described in more detail below of all fuel and fuel-related contracts existing between the Utility and its suppliers, or between any affiliate of the Utility that supplies fuel or fuel-related services to the Utility and its suppliers. Provide those summaries of contracts that were in effect during any portion of the historical period. The Utility shall provide a copy of any recurring internal fuel and fuel transportation outlook summary analysis (to the extent such summary analysis is produced in the ordinary course).

Schedule MFRH-7.1: Long-Term Coal Supply Contracts

For each long-term coal supply contract (which, for purposes of this MFRH-7-1, shall mean coal supply contracts with a delivery term of greater than one year), the Utility will provide:

1. Name and number by which the Utility identifies the contract;
2. Supply start date;
3. Supply termination date;
4. Description of contract year, if other than January 1 through December 31;
5. Minimum and maximum tons of coal to be supplied for each contract year ending in the historical period and for remainder of contract term;
6. Number of tons actually received each contract year ending in the historical period and projected number of tons which will be provided each contract year through end of test year;
7. Name of mine and coal district from which coal is to be supplied;
8. Coal quality: percent sulfur and heating value;
9. Name of rail transporters between mine (or port) and plants and freight district in which coal loading facility is located;
10. Actual cost per ton FOB mine (or port) for each contract month ending in the historical period;
11. Method of determining cost of coal under the contract (e.g., fixed price, market review including the years in which reviews are effective), base price plus escalation. List by date of the value of any index used to compute price of coal (e.g., Producer Price Index);
12. Location of scale used to determine tons of coal shipped and party responsible for cost of weighing;
13. Location of coal sampling equipment and party responsible for obtaining coal analysis;
14. A copy of any notice of force majeure sent by the Utility or agent for the Utility to any coal supplier under long-term contract during the historic period; and
15. A copy of any notice of force majeure sent by any coal supplier or its agent under long-term contract to the Utility or agent for the Utility during the historic period.

The Utility will also provide a list of any filed litigation between the Utility and any contract coal supplier beginning or pending during the historical period.

Schedule MFRH-7.2: Spot Coal Purchase Information

For each spot coal purchase order or other agreement (which, for purposes of this MFRH-7-2, shall mean coal purchases with a delivery term of one year or less), other than long-term coal contracts, the Utility will provide a schedule with the following information:

1. Name and number by which the Utility identifies the purchase order or other agreement;
2. Supply start and end dates;
3. Number of tons actually received under purchase order or other agreement for the historical period to date, number of tons projected for the remaining historical period, and number of tons projected for the test year;
4. Name of mine and coal district from which coal is to be supplied;
5. Coal quality: percent sulfur and heating value;
6. Name of rail transporters between mine (or port) and plants and freight district in which coal loading facility is located;
7. Cost per ton FOB mine (or port);
8. A copy of any notice of force majeure sent by the Utility or agent for the Utility to any coal supplier under a spot purchase during the historic period; and
9. A copy of any notice of force majeure sent by any coal supplier or its agent under a spot purchase to the Utility or agent for the Utility during the historic period.

Schedule MFRH-7.3: Natural Gas Contracts

If there have been any changes since the last fuel cost recovery proceeding to the standardized contracts used by the Utility for natural gas procurement, the Utility shall provide such revised standardized contract(s). If no changes have been made, the Utility will provide a link (if available) to the current standardized contract form(s) and identify the most recent fuel cost recovery proceeding in which the standardized contract was provided as part of MFRH-7.3. In addition, the following items should be included in a summary schedule:

1. Contract description;
2. Supplier;
3. Negotiation date or date signed;
4. Term of deal;
5. Specific service provided under the contract, including any swing provisions offered through the contract (ability to take more of less gas for any one hour, day, or month of contract) or any gas storage capability;
6. Pricing terms, including specific index upon which contract price is based (if applicable) and premiums or discounts from index;
7. For each index used to compute price of gas, listing of the values of that index applicable for any part of the historical period;
8. Purchase volume obligation;
9. Delivery point(s) and a summary of potential receipt points for each supply contract; and
10. Transportation provision, if applicable.

Schedule MFRH-7.4: Natural Gas Transportation Contracts

The Utility will provide a summary of all applicable firm natural gas transportation and storage agreements and will provide the following information:

1. Identification of the transportation or storage provider;
2. Facility identification (plant assigned);
3. Contract date;
4. Term dates (start and end);
5. Firm transport or capacity storage rate ($/MMBtu);
6. Volume: daily (transport, injection and withdrawal, as applicable) or capacity for storage;
7. A copy of any notice of force majeure sent by the Utility or agent for the Utility to any natural gas transportation provider during the historic period; and
8. A copy of any notice of force majeure sent by any natural gas transportation provider or its agent to the Utility or agent for the Utility during the historic period.

Schedule MFRH-8: Coal Transportation

1. The Utility will provide a copy of the coal transportation strategy effective for any part of the historical period or for the test year.
2. The Utility will also provide a list of any filed litigation between the Utility and any coal transporter beginning or pending during the historical period.
3. The Utility will provide a copy of any notice of force majeure sent by the Utility or agent for the Utility to any supplier of coal transportation (other than coal rail transportation) during the historic period.
4. The Utility will provide a copy of any notice of force majeure sent by any supplier of coal transportation (other than coal rail transportation) or its agent to the Utility or agent for the Utility during the historic period.

Schedule MFRH-8.1: Rail

The Utility will provide a listing of coal rail transportation contracts with the following information:

1. Name and number of transportation contract;
2. Effective date and term of contract;
3. Contract year, if different from calendar year;
4. Maximum and minimum tonnage which can be transported under the contract on an annual basis;
5. Actual tons transported under the contract for each contract year ending in the historical period;
6. Points of origin under the contract;
7. Points of delivery under the contract;
8. Table of rates applicable to the Utility's coal transportation for each contract year, (i.e., rate for specific origins and delivery points with information for different railcar equipment), if applicable. For future months through end of test year, if rate is not specifically set out in contract, provide the rates used by the Utility in projecting fuel costs;
9. Description of method of pricing under contract (e.g., fixed by year, base plus escalation);
10. List of any indices or other factors upon which escalation or other rate change is based (e.g., RCAF-A or price of diesel fuel);
11. Cost per ton for weighing coal, if applicable;
12. A copy of any notice of force majeure sent by the Utility or agent for the Utility to any railroad providing coal or commodity transportation during the historic period; and
13. A copy of any notice of force majeure sent by any railroad providing coal or commodity transportation to the Utility or agent for the Utility to during the historic period.

Schedule MFRH-8.2: Other

The Utility shall provide a listing of any other coal transportation contracts or agreements (e.g., any for trucking or transshipment at docks), including service provided, terms of agreement, any coal tonnage and costs per contract year, actual or projected through end of test year.

Schedule MFRH-8.3: Railcar Leases and Maintenance

The Utility shall provide a list of number of railcars owned by the Utility, including type of car and tons of coal which can be loaded into each car, and whether these cars are included in rate base. It shall also provide a list of railcar leases including the following details:

1. Name and identification of lease;
2. Beginning date and term of lease;
3. Number of railcars provided under lease;
4. Type of car provided, including aluminum or steel; and
5. Annual costs for the lease.

The Utility shall specify the total number of rail cars available for coal transportation, number of cars in a typical unit train, number of spare cars, and number of unit trains assigned to each originating or delivering railroad. It shall provide a listing of lease and maintenance costs used by the Utility for evaluation of costs of delivered coal from different mining districts and freight districts and for delivery to the Utility's various coal-fired plants. The Utility shall provide a listing of actual lease costs and actual maintenance costs since the beginning of the historical period and a description of how and when these costs are included in the Utility fuel costs.

Schedule MFRH-9: General Coal Cost Breakdown

This schedule shall be provided in Excel worksheet and present the breakdown of the purchased fuel costs for the Utility's coal-fired stations into the following categories per ton, on a monthly basis during the historical period:

1. FOB mine price;
2. Rail transportation;
3. Railcar maintenance;
4. Railcar ownership/lease expenses;
5. Railcar depreciation;
6. Other transportation costs (specify);
7. Ad valorem, state and use taxes; and
8. Any other costs or credits which can be separately identified.

Schedule MFRH-10: Natural Gas Hedging

This schedule shall include an explanation of the Utility's fuel hedging practices and hedging results during the historical period. The following items should be included with the hedging results:

1. Administrative cost of the hedging program; and
2. Hedging gains and/or losses.

Schedule MFRH-11: Nuclear Fuel Expense

This schedule shall present:

1. The monthly nuclear fuel expenses based on Utility's ownership share of the plant/unit for each of the Utility's nuclear plants during the historical period;
2. Both the monthly total number and the percentage of total generation of scheduled outages during the historic period for each of the Utility's nuclear plants; and
3. Both the monthly total number and the percentage of total generation of unscheduled outages during the historic period for each of the Utility's nuclear plants.

Schedule MFRH-12: Gas & Oil Cost Breakdown

To the extent that accounting records are kept in this format, this schedule shall present the breakdown of the purchased fuel costs for the Utility's gas and oil fired stations into the following categories per mmBtu, on a monthly basis during the historical period:

1. Delivered price;
2. Fixed pipeline (transportation) costs;
3. Other transportation costs (specify);
4. Ad valorem taxes; and
5. Details of any gain or loss on sales to other parties.

Schedule MFRH-13: Purchased Power / Off-System Sales

Schedule MFRH-13.1: Power Pool Purchases and Sales Data

This schedule shall provide, for the historical period, copies of the monthly IIC billing ("Pool Bill") for the Utility. It will include the Associated Pool Purchases for each month of the historical period.

Schedule MFRH-13.2: Summary of Contract Purchased Power Data

This schedule shall provide, for the historical period, documents summarizing the Utility's purchased power agreements for procuring generation. The summary will include:

1. Term of the contract, including whether the contract expired during the historic period;
2. Counter party on the contract;
3. Capacity of the contract;
4. Generation asset tied to the contract;
5. Capacity pricing of the contract;
6. Energy pricing of the contract;
7. Amount of generation obtained under the contract by dollars and MWH; and fuel accounting treatment of each cost component of the purchase; and
8. Citation for the Commission order (including docket number) approving the purchase power agreement, if applicable.

Schedule MFRH-13.3: Energy Strips

This schedule shall provide documents summarizing the purchase of any energy strips during the historical period.

Schedule MFRH-13.4: Summary of Off-System Sales and Sales for Resale

This schedule shall provide documents summarizing the Utility's wholesale contracts for off-system sales. The summary shall include:

1. Term of the contract;
2. Counter party on the contract;
3. Capacity of the contract;
4. Generation assets used for supplying the contract;
5. Firmness of the sale;
6. Capacity pricing of the contract;
7. Energy pricing of the contract;
8. Amount of generation sold under the contract by dollars and MWH;
9. Fuel accounting treatment of each revenue component of the sale; and
10. Classification of the contracts using the following categories (as applicable):
a. Sales made from a non-certified asset (or a non-certified portion of a certified asset) but the Utility must offer right of first refusal to retail customers upon expiration of current contract.
b. Sales made from a non-certified asset (or a non-certified portion of a certified asset) but the Utility has no obligation to offer right of first refusal to retail customers upon expiration of current contract.
c. Sales made from a certified asset.
d. Other.

Schedule MFRH-13.5: Historical Retail Energy Sales Data

Provide the following energy retail sales information on an actual (calendar) and billed basis:

1. Monthly kWh sales by customer class for the three most recent historic calendar years, including the historic period of the fuel filing;
2. Actual Sales - Provide actual sales data in MWHs by month for the historical period; and
3. A reconciliation for any differences between its historic per book sales MWH for GPSC jurisdictional customers and the MWHs assumed in previous filing budget.

Schedule MFRH-14: Fuel Cost Over- / Under-Recovery

This schedule shall begin with the deferred fuel balance as approved in the Utility's last fuel case. The schedule shall present the adjusted monthly booked over- / under-recovery of fuel costs since the date of the Utility's last fuel proceeding through the last month of the historical period requested. This schedule shall include monthly amounts as reported to the Commission on the monthly fuel cost recovery reports. This schedule shall note any material, non-routine adjustments to the fuel balance, which shall include any adjustments related to replacement power cost for significant Utility-owned generating unit outages.

Schedule MFRH-15: Carrying Cost Calculation

This schedule shall include the calculation and presentation of the carrying cost of the over-/ under-recovered fuel balance in Excel spreadsheet format and shall include supporting documents to verify the monthly carrying cost rates and charges used in calculating the fuel cost over-/under- recovery.

Schedule MFRH-16: Emission Costs

This schedule shall include an analysis of emission costs recovered through FCR during the historical period and shall include:

1. Explanation of how costs of emissions flow through to fuel costs on an accounting basis;
2. Tabulation of total number of SO2 emissions allowances allocated to the Utility each calendar year ending in the historical period;
3. Number of SO2 allowances retained for auction by EPA and resulting revenue returned to the Utility each calendar year ending in the historical period;
4. Tabulation of SO2 emission allowance activity with following information for the historical period:
a. Number and vintage of allowances banked by the Utility;
b. Number of SO2 allowances surrendered to EPA on both a total Company and Georgia Retail basis;
c. Number and vintage of allowances sold, name of buyer, and revenue received per allowance;
d. Number, vintage, and seller for any allowances which the Utility bought / will buy; and
e. Cost of each allowance bought for use with rate base generation.
5. Tabulation of all NOx allowance activity, i.e., allocation, purchase, use, trade or sales, for this historical period;
6. Table of average actual market price by month of the historical period of SO2emission allowances and source of information; and
7. Table of average actual market price by month of the historical period of NO2 emission allowances and source of information.

Schedule MFRH-17: Data to be Made Available:

The Utility shall make available by appointment the following documents at the office in which the documents are routinely kept or in Atlanta at a Utility office:

1. Fuel supply contracts, unless otherwise specified above;
2. Fuel transportation contracts;
3. Fuel contract, spot fuel, and transportation buy books;
4. Purchased power contracts; and
5. Power sales contracts with wholesale customers.

Schedule MFRH-18: Spinning Reserves:

This schedule shall present data including:

1. The percentage of operating (spinning) reserves the Utility was carrying across the peak-hour for each day of the year for the most recently completed three calendar years.
2. The Utility's load in the peak-hour for each day of the year as a percentage of the total system load for that hour for the most recently completed three calendar years.

TEST YEAR / PROJECTED FUEL DATA AND INFORMATION

Schedule MFRP-1: Filing Workpapers

The Utility shall provide the complete set of workpapers, related to the projected test period that was used in the Utility's preparation of its prefiled testimony and exhibits. Such workpapers shall include both numerical data and chart data and will include a list of all inputs and assumptions used to derive the expected fuel clause results, by month, for all months of estimated or projected data relied upon or used in the Utility's FCR filing. Such workpapers shall include the detailed energy budget, along with all assumptions and documentation used in the preparation of such budget.

Schedule MFRP-1.1: Projected Fuel Cost Recovery proposed in dollars-per-month:

The Utility shall provide in dollars-per-month for the proposed bills to be rendered under the Utility's filing in this docket the following information:

1. The proposed average municipal-residential consumer monthly bill and the percent thereof attributable to fuel costs;
2. The proposed average county-residential consumer monthly bill and the percent thereof attributable to fuel costs;
3. The proposed average municipal low-income senior (eligible for the low-income senior discount) monthly bill and the percent thereof attributable to fuel costs; and
4. The proposed average county-residential low-income senior (eligible for the low-income senior discount) monthly bill and the percent thereof attributable to fuel costs.

Schedule MFRP-1.2: Average FCR Residential data The Utility shall provide:

1. The per kW-hour increase, and percentage increased, under the Company's FCR proposal for the average municipal-residential, average county-residential, average municipal low-income senior (eligible for the low-income senior discount) and average county low-income senior (eligible for the low-income senior discount) and
2. The average monthly kWh usage for the average municipal-residential, average county-residential, average municipal low-income senior (eligible for the low-income senior discount) and average county low-income senior (eligible for the low-income senior discount).

Schedule MFRP-2: Calculation of Fuel Cost Recovery Factor

This schedule shall include the calculation of the fuel cost recovery factor and will include the increase/decrease for the average residential consumer, and for the average low-income senior citizen that would result under the Utility's FCR filing; and the average residential monthly kWh usage and the average low-income senior citizen monthly kWh usage.

Schedule MFRP-3: Fossil Fuel Inventories

Schedule MFRP-3.1: Inventory Targets

This schedule shall present the Utility's fossil fuel inventory targets effective for the test period.

Schedule MFRP-3.2: Fuel Inventories

This schedule shall present an analysis of fossil fuel inventories projected for the test period by type and by location whether at the Utility's generating plant sites or otherwise. The Utility shall categorize such projected inventories by tons, barrels, or cubic feet / Btu equivalent, and dollars and include all assumptions which support estimated values.

Schedule MFRP-3.3: Inventory Values

This schedule shall present a complete description of the accounting treatment of how the Utility determines the unit cost of fossil fuel burned from its inventory for the test period. The Utility shall include the method of determining the cost of fossil fuel burned from inventory (FIFO, LIFO, average, or other.)

Schedule MFRP-4: Outage Planning

Schedule MFRP-4.1: Nuclear Unit Outage Planning

This schedule shall present the projected start date (month and year) and the projected length of outage (days) for each refueling scheduled from the beginning of the test period through 12 months after the end of the test period.

Schedule MFRP-4.2: Fossil Unit Outage Planning

This schedule shall present the projected start date (month and year), the projected length of outage (hours), and the reason for the outage/major work planned for each outage scheduled from the beginning of the test period through 12 months after the end of the test period.

Schedule MFRP-4.3: Fossil and Nuclear Unit Equivalent Availability

To the extent not covered in MFRP-3 and 4, Utility shall report and specify equivalent availability or forced outage rate (or other), depending on input data for modeling program.

Schedule MFRP-5: Generating Plant and Unit Data

Provide the same information as requested in Schedule MFRH-5, Items 1 through 12 for any new generating unit to be on-line during the test year.

Schedule MFRP-6: Fuel Expense Information

The following schedules shall be presented, as specified, for fuel expenditures and operating statistics for the test year.

Schedule MFRP-6.1: Fuel by Classification

This schedule shall provide, as appropriate, projected fuel expense by classification consistent with FERC Uniform System of Accounts for each month through the test year.

Schedule MFRP-6.2: Fuel to be Burned

This schedule shall present projected fuel expense by each of the Utility's generating stations for each month through the test year. The information shall be disclosed for each individual fuel type and shall include units burned, cost of fuel burned, and price per unit burned.

Schedule MFRP-6.3: Fossil Fuel Purchases

This schedule shall present projected fossil fuel purchases by each of the Utility's generating stations for each month of the test year. The information shall be disclosed for each individual fuel type and by supplier and shall include units purchased, cost of fuel purchased, and price per unit purchased. With regard to coal, it shall include projected cost of coal per ton FOB mine according to supplier, projected transportation cost per ton according to supplier; the number of tons delivered per month according to supplier and heating value and percent sulfur estimated for those coal tons, and any other per ton or per MMBtu costs (or credits) known or projected for purchases from each supplier (e.g., states taxes, lease and maintenance costs, synfuels discount).

Schedule MFRP-6.4: Gas and Oil Forecast

The Utility shall include its forecast for the test year of gas and oil prices detailed by month.

Schedule MFRP-6.5: Variable Fuel Cost Components

This schedule shall present variable cost components of the total net recoverable fuel cost for the test year. The information shall be disclosed for each individual fuel type and shall include costs which are directly tied to the volume, price or cost of fuel. Variable cost does not include O&M expenses, administrative cost, overhead allocations or depreciation. Variable natural gas cost shall also include hedging gains or losses, but not administrative costs.

Schedule MFRP-7: Fuel and Fuel-Related Contracts

This schedule shall include summaries described below of all fuel and fuel-related contracts that have changed since the historical period and that will be in effect during the test year between the Utility and its suppliers. The Utility shall also include summaries of new agreements that will be effective during the test period:

Schedule MFRP-7.1: Coal Supply Contracts

For each coal supply contract in effect for the test year, the Utility will provide:

1. Name and number by which the Utility identifies the contract;
2. Supply start date;
3. Supply termination date;
4. Description of contract year, if other than January 1 through December 31;
5. Minimum and maximum tons of coal to be supplied for remainder of contract term;
6. Projected number of tons which will be provided each contract year through end of test year;
7. Name of mine and coal district from which coal is to be supplied;
8. Coal quality: percent sulfur and heating value;
9. Name of rail transporters between mine (or port) and plants and freight district in which coal loading facility is located;
10. Projected cost per ton FOB mine (or port) through the end of the test year;
11. Method of determining cost of coal under the contract (e.g., fixed price, market review including the years in which reviews are effective), base price plus escalation. List by date of the value of any index used to compute price of coal;
12. Location of scale used to determine tons of coal shipped and party responsible for cost of weighing; and
13. Location of coal sampling equipment and party responsible for obtaining coal analysis.

Schedule MFRP-7.2: Coal Not Under Contract

The Utility will list by month of coal requirements, through the end of the test year, which are not yet under contract, purchase order or other agreement, including the following information:

1. Projected tons of coal needed by type and originating / delivering railroad;
2. Coal quality: percent sulfur and heating value; and
3. Projected price per ton FOB mine (or port).

The Utility will provide the internet bid list of potential fuel and transportation service providers including the most recent bids solicited from competitive suppliers.

Schedule MFRP-7.3: Natural Gas Contracts

If there have been any changes since the last fuel cost recovery proceeding to the standardized contracts used by the Utility for natural gas procurement, the Utility shall provide such revised standardized contract. If no changes have been made, the Utility will provide a link (if available) to the current standardized contract form(s). In addition, the following items should be included in a summary schedule:

1. Contract description;
2. Supplier;
3. Negotiation date or date signed;
4. Term of deal;
5. Specific service provided under the contract;
6. Pricing terms;
7. Purchase volume obligation;
8. Receipt point(s); and
9. Transportation provision, if applicable.

Schedule MFRP-8: Coal Transportation

The Utility will provide a copy of the coal transportation strategy effective for any part of the test year along with the information in MFRH-8 to the extent that any changes are projected to occur.

Schedule MFRP-9: Fuel and Purchased Power Assumptions Narrative

This schedule shall provide an explanation setting out the major methods, assumptions, and sources of information used by the Utility to project fuel and purchased power costs for the test year.

Schedule MFRP-10: Natural Gas Hedging Narrative

This schedule shall include an explanation of the fuel hedging practices anticipated for the test year.

Schedule MFRP-11: Budget By Generating Plant

This schedule shall provide the budget input assumptions for each unit and shall include the following:

1. Summary of dependable capability;
2. Monthly and annual net energy generated by unit (in MWH) generated;
3. Average monthly and annual heat rate;
4. Monthly Capacity factor;
5. Scheduled outage rate;
6. Forced outage rate;
7. Number of start-ups;
8. Maintenance schedules; and
9. Standard output file in the native electronic format produced by the model used by the Utility in preparation of its fuel cost recovery budget.

For plants that are not 100% included in rate base, provide unit net capacity factor data on both a total unit and Georgia Retail, as well as gross and net generation data on a total unit basis and net generation from the Utility's rate base portion of the capacity. For hydro, report only hydro system net generation. Report results from modeling program used to project future fuel costs for the thirty-six months subsequent to the test year.

Schedule MFRP-12: Gas & Oil Cost Breakdown

This schedule shall present the breakdown of the purchased fuel costs for the Utility's gas and oil fired stations into the following categories per MMBtu, on a monthly basis during the test year:

1. Delivered price;
2. Fixed pipeline (transportation) costs;
3. Other transportation costs (specify);
4. Ad valorem taxes; and
5. Details of any gain or loss on sales to other parties.

Schedule MFRP-13: Purchased Power / Off-System Sales

Schedule MFRP-13.1: Projected Power Pool Purchases and Sales Data

This schedule shall provide, for the test year, monthly projected Pool purchases and sales by dollar and MWH. This information shall also include the estimated MWh sales for each forecast month by supplier.

Schedule MFRP-13.2: Summary of Contract Purchased Power Data

This schedule shall provide documents summarizing, for the projected period, the Utility's purchased power agreements for procuring generation that will be in effect for the time period. The summary will include:

1. Term of the contract, including whether the contract is scheduled to expire during the test period;
2. Counter party on the contract;
3. Capacity of the contract;
4. Generation asset tied to the contract;
5. Capacity pricing of the contract;
6. Energy pricing of the contract;
7. Forecast of expected procurement from the resource by dollars and MWH;
8. MW demand by month for forecast period; and
9. Citation for the Commission order (including docket number) approving the purchase power agreement

The Utility shall identify all assumptions used in the development of estimated purchase power MWHs and associated fuel costs. Such assumptions shall be contained in a separate list along with a narrative that summarizes how the assumptions were determined.

Schedule MFRP-13.3: Energy Strips

This schedule shall provide documents summarizing the proposed purchase of any energy strips during the test period.

Schedule MFRP-13.4: Summary of Off-System Sales and Sales for Resale

This schedule shall provide documents summarizing, for the projected period, the Utility's wholesale contracts for off-system sales. The summary will include:

1. Term of the contract, including whether the contract is scheduled to expire during the test period;
2. Counter party on the contract;
3. Capacity of the contract;
4. Generation assets used for supplying the contract;
5. Firmness of the sale;
6. Capacity pricing of the contract;
7. Energy pricing of the contract;
8. Forecast of expected sales by dollars and MWH;
9. The portion of estimated fuel revenue associated with off-system sales, including MWH, by month for the forecast period; and
10. Identify all assumptions used in the development of estimated off-system sale MWHs and associated fuel revenues. Such assumptions shall be contained in a separate list along with a narrative that summarizes how the assumptions were determined.
11. Classification of the contracts using the following categories (as applicable):
a. Sales made from a non-certified asset (or a non-certified portion of a certified asset) but the Utility must offer right of first refusal to retail customers upon expiration of current contract.
b. Sales made from a non-certified asset (or a non-certified portion of a certified asset) but the Utility has no obligation to offer right of first refusal to retail customers upon expiration of current contract.
c. Sales made from a certified asset.
d. Other.

Schedule MFRP-13.5: Marginal Replacement Fuel Cost

The Utility shall identify the monthly assumed marginal replacement fuel costs ("MRFC") for each Utility-owned generating station by month for the forecast period. All assumptions and support for the development of the MRFCs shall be included within the filing.

Schedule MFRP-14: Fossil Fuel Mix

This schedule shall present, by month, the projected mix of contract and spot fossil fuel purchased for each of the Utility's generating plants in the test year. Contract fuels are defined as those provided under agreements with a term of generally more than one year, while spot fuels are defined as those provided under agreements with a term of generally one year or less.

Schedule MFRP-15: Carrying Cost Assumptions Narrative

This schedule shall provide a detailed explanation setting out the major methods, assumptions, and sources of information used by the Utility to determine carrying costs for the test year.

Schedule MFRP-16: Emission Cost Assumptions Narrative

This schedule shall provide an explanation setting out the major methods, assumptions, and sources of information used by the Utility to project emission costs for the test year and shall include where available:

1. Tabulation of total number of SO2 emissions allowances allocated to the Utility for the test year;
2. Number of SO2 allowances retained for auction by EPA and resulting revenue returned to the Utility for the test year;
3. Tabulation of SO2 emission allowance activity with following information anticipated through the end of the test year:
a. Number and vintage of allowances banked by the Utility;
b. Number of SO2 allowances surrendered to EPA each year on both a total Company and Georgia Retail basis;
c. Number and vintage of allowances sold, name of buyer, and revenue received per allowance;
d. Number, vintage, and seller for any allowances which the Utility bought / will buy; and
e. Cost of each allowance bought for use with rate base generation.
4. Tabulation of all NOx allowance activity (e.g., allocation, purchase, use, trade or sales) anticipated through the end of the test year;
5. Table of average actual market price by month of the historical period of SO2 emission allowances and source of information. Include projected market price for each month through end of test year;
6. Table of average actual market price by month of the historical period of NO2 emission allowances and source of information. Include projected market price for each month through end of test year;
7. Unit SO2 emissions, in tons. Provide data on both a total unit basis; and
8. Unit NOx emissions, in tons. Provide data on both a total unit.

Scheduled MFRP-17: Forecasted Energy Sales Data

Provide the monthly kWh sales by customer class, by delivery voltage, by calendar month for the proposed test year plus three additional forecasted years. All assumptions used in developing the projected sales data shall be identified and testimony shall be provided that supports all assumptions incorporated in the sales forecast.

Schedule MFRP-18: Fuel Price Workshop Presentations

This schedule shall include copies of the most recent Fuel Price Workshop presentations.

Rule 515-2-1-.05 Public Hearings

All applications, petitions or complaints filed with the Commission, or actions initiated by the Commission, on Friday prior to the second Tuesday in each month shall, unless otherwise directed by the Commission, be assigned for hearing on the fourth Tuesday or some succeeding date, and likewise those filed or commenced subsequent to the Friday preceding the second Tuesday in the month and not later than Friday prior to the fourth Tuesday shall, unless otherwise directed by the Commission, be assigned for hearing on the second Tuesday in the following month, or some succeeding date.

Rule 515-2-1-.06 Parties of Record

(1) At the hearing on all applications, petitions and complaints, the Chairman of the Commission shall call for and enter the names of all parties desiring to become a party of record, either for or against the docketed case being heard. In the discretion of the Commission, parties having made written intervention prior to the hearing may be entered as a party of record.
(2) The Commission may, in its discretion and for good cause shown, authorize the late filing, or entering, of a notice of intervention.
(3) The Commission may condition any order permitting intervention so as to assure the orderly conduct of the proceeding. If an intervenor has demonstrated a lack of familiarity with the Commission's hearing processes or the rules of evidence in Commission proceedings, the Commission may place reasonable restrictions on the intervenor designed to avoid delay or disruption of the proceeding and that are not related to the viewpoint of the intervenor, including but not limited to, placing a time limit on the intervenor's cross-examination of witnesses.
(4)
(a) A person who is not a party to a proceeding may make a limited appearance by making an oral or written statement of his or her position on the issues, provided that the Commission maintains the discretion to disallow a person from making or continuing to make an oral or written statement if such disallowance is consistent with principles of fairness and necessary to maintain decorum, based on factors, including but not limited to:
(1) whether the oral or written statement is limited to and rationally related to the issues noticed for consideration at the hearing;
(2) whether the oral statement is redundant to the oral statements made by other persons so as to unduly delay the hearing;
(3) whether the person making the oral or written statement is speaking on behalf of a party to the proceeding; and
(4) whether the person making the oral or written statement is conducting him or herself in a disruptive, offensive, or defamatory manner.
(b) Nothing in this rule limits the Commission's ability to impose procedural requirements on the presentation of written and oral comments in order to effectively manage the proceeding. No procedural requirement will be based on the viewpoint of the speaker.

Rule 515-2-1-.07 Final Decisions

The Commission will render a final decision in contested cases within thirty (30) days after the close of the record except that the Commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the Commission shall render decision at the earliest date practicable. If all parties of record in a contested case agree orally during the hearing of any contested case or sign written agreements to waive the requirements of law relating to findings of fact and conclusions of law, then no such findings or conclusions will be made unless otherwise directed by a majority of the Commission.

Rule 515-2-1-.08 Rehearing, Reconsideration and Oral Argument

Any party of record that is dissatisfied with an order of the Commission may apply for rehearing, reconsideration, clarification and/or oral argument within ten days from the effective date of the order. This application shall be filed as a written petition in which it is stated with particularity the matters claimed to have been erroneously decided, the alleged errors underlying the decision and the relief sought. A certificate of service shall accompany this application documenting that a copy of the petition has been simultaneously furnished to each party of record. Responses may be filed with the Commission by any party of record within ten days of the date of service. If, in the opinion of the Commission, good cause has been shown in said petition for rehearing, reconsideration and oral argument, the application shall be granted for such further relief as may be directed. The Commission shall act on petitions within forty-five days of the filing of the petition.

Rule 515-2-1-.09 Consumers' Utility Counsel

In addition to other requirements of service and notice now imposed by law, a copy of any application, formal complaint, or notice to or issued by the Georgia Public Service Commission shall also be served upon the Consumers' Utility Counsel. The Commission shall not proceed to hear or determine any such petition, complaint or proceeding in which the Public Counsel is entitled to appear unless it shall affirmatively appear that the Public Counsel was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the Public Counsel appears and specifically waives such notice; provided, that once the Commission has begun to hear or determine any such petition, complaint or proceeding of which prior notice was given or waived, the Commission shall thereafter issue such orders and take such action relating thereto as it may deem appropriate, and upon such notice to parties as it may deem appropriate. Whenever service of notice is perfected by mail, four days shall be added to the prescribed period. Proof of service of notice may be made by certificate or other proof satisfactory to the Commission, and shall create a rebuttable presumption of service.

Rule 515-2-1-.10 Promulgation, Amendment, or Repeal of Rules

Promulgation, amendment, or repeal of all Rules adopted by the Commission in these chapters may be proposed, adopted and published by approval of a majority of the Commission as prescribed by law.

Rule 515-2-1-.11 Petition for Promulgation, Amendment, or Repeal of Rules

(1) Form of Petition. Each petition for promulgation, amendment, or repeal of rules made pursuant to the Georgia Administrative Procedure Act shall be filed with the Commission in writing and shall state:
(a) The name and post office address of the petitioner;
(b) The full text of the rule requested to be amended or repealed, with the full text of the rule desired to be promulgated;
(c) A paragraphed statement of the reason such rule should be amended, repealed, or promulgated, including a statement of all pertinent existing facts to petitioner's interest in the matter;
(d) Citations of legal authority, if any, which authorize, support, or require the action requested by petition. The petition shall be verified under oath by or in proper behalf of, the petitioner.
(2) Proceeding on Petition. Upon receipt of the petition, the Commission shall decide upon the action to be taken. Within thirty days after receipt of the petition, the Commission either shall deny the petition in writing (stating its reasons for the denial) or shall initiate rule-making or rule-changing proceedings in accordance with Section 4 of the Georgia Administrative Procedure Act.

Rule 515-2-1-.12 Declaratory Rulings

(1) Form of Petition. Each petition for a declaratory ruling pursuant to the Georgia Administrative Procedure Act shall be filed with the Commission and shall state:
(a) The name and post office address of the petitioner;
(b) The full text of the statute, rule, order upon which a ruling is requested;
(c) A paragraph statement of all pertinent and existing facts necessary to a determination of the applicability of the quoted statute or rule;
(d) Petitioner's contention, if any, as to the aforesaid applicability with citations of legal authorities, if any, that authorize, support, or require a decision in accordance therewith;
(e) A statement setting forth in detail the petitioner's interest in the matter and why and how the petitioner is uncertain or insecure with respect to his rights. The petition shall be verified under oath by, or in proper behalf of, the petitioner.
(2) Service of Petition. If the petition requests a declaratory ruling as to the applicability of an order of the Commission entered in a contested case, the petitioner shall serve a copy of the petition upon all other parties in that case. If the petitioner is a customer of a person or company regulated by the Commission which would be affected by the petition, the petitioner shall serve the person or company of which he is a customer. Any person or company so served has ten days in which to file briefs in support of, or in opposition to, the petition for a declaratory ruling.
(3) Proceedings on Petition. Unless the Commission so orders, no oral argument will be permitted. If there is no dispute with respect to any material fact, and unless the Commission so orders, no evidentiary hearings shall be held.
(4) Informal Request for Interpretation and Rulings. Any request presented in any manner other than in accordance with the provisions of this rule shall not be deemed to be filed as a Petition for Declaratory Ruling but shall be deemed an informal request for interpretation or ruling and shall be acted on as such. The provisions of this rule shall not be construed to preclude:
(a) Any person from requesting the Commission to interpret or otherwise rule upon the applicability of any pertinent statute or rule informally by personal appearance before the Commission, by letter or by telegram to the Commission; or
(b) The Commission from acting upon any such request whenever and however it deems appropriate, or from issuing any interpretive ruling without petition thereafter.

Rule 515-2-1-.13 Dead Dockets

Any application, petition, complaint, or other matter filed with the Commission in which no activity of record or written order is taken for a period of one year shall be automatically dismissed without prejudice for lack of prosecution. However, a matter will not be dismissed for inactivity where an application, motion or other request is pending before the Commission, or the matter is otherwise inactive because of a pending decision or order by the Commission. Computation of the one-year period shall begin with the date of the last filing or other activity or record concerning the matter. This rule shall be applicable to all docketed and non-docketed proceedings, but is not intended to include time during which matter filed with the Commission is before a court of competent jurisdiction. In order to avoid automatic dismissal, a motion must be made or an order issued, properly signed and filed with the Commission before the one-year period expires. A party may file a motion to extend the time for an additional six months; however, the Commission, on its own motion, may extend or waive this portion of the rule to conclude the docket. Thirty days prior to the expiration of the one-year period, the Commission shall give notification to the Consumers' Utility Counsel and all parties of record that a matter shall automatically stand dismissed in accordance with the provisions of this rule. For the purposes of this rule, activity of record shall include any application, petition, complaint, motion, brief, or other pleading filed with the Commission as well as any hearing or oral argument held in the matter.

Rule 515-2-1-.14 Open Hearing Process

(1) As used in this Rule, the term:
(a) "Commissioner Advisory Staff" means the staff members assigned to serve in a non-Party advisory capacity in a particular proceeding.
(b) "Party" means a party to a Proceeding pending before the Commission, including any officers, directors, managers, or employees of the party; a representative or agent of a party to a proceeding pending before the Commission; the consumer's utility counsel division; the Public Interest Advocacy Staff; and any person knowingly acting on behalf of or in concert with a party to a proceeding.
(c) "Proceeding" means a contested case as that term is defined in O.C.G.A. 50-13-2(2).
(d) "Public Interest Advocacy Staff" means the staff members assigned to participate in a particular proceeding as a Party.
(e) "Emergency Situation" means a situation in which the public health, welfare or safety are jeopardized due to the utility's inability to safely and reliably provide public utility services to Georgia customers.
(f) "As soon as possible after the communication" means as soon as physically practicable, but not later than two (2) business days after the date of the ex parte communication.
(2) Proceedings before the Commission shall be open and transparent to all Parties and to the public. Except for any trade secret information provided pursuant to Commission Rule 515-3-1-.11 or any other statute or rule regarding trade secret filings with the Commission, all communications, directly or indirectly, between a Party and the Commission, an individual Commissioner, a Commission hearing officer, or a member of the Commissioner Advisory Staff relating to a Proceeding shall be made in a public and open manner that allows all other Parties the opportunity to respond to such communication or information. Copies of all written or electronic communications relating to a Proceeding shall be contemporaneously filed with the Executive Secretary and served on all Parties. All oral communications relating to a Proceeding shall be made at a properly noticed meeting, hearing, or workshop of the Commission.
(3) If, due to an emergency situation, a Party making a communication cannot comply with the notice requirements in subsection (2) of this rule, or if a Party inadvertently makes a communication in violation of this rule, the Party shall file with the Commission the information described below in subsection (4)(a) to (d), as well as a description of the emergency situation or an explanation of how the violation was inadvertent, as soon as possible after the communication.
(4) If a member of the Commission, a Commission hearing officer, or a member of the Commissioner Advisory Staff receives or makes a communication in violation of this rule, he or she shall place the following on the record of the proceeding as soon as possible after the communication:
(a) The substance of the communication;
(b) All written or electronic documentation of the communication;
(c) The identity of each person who participated in the communication; and
(d) The date and time of the communication.
(5) Nothing in this rule shall prohibit a member of the public who is not a Party to a Proceeding from communicating with the Commission or with an individual Commissioner relating to the Proceeding. Nothing in this rule shall prohibit a Party from providing any information relating to a Proceeding to the Commission, to an individual Commissioner, a Commission hearing officer, or to a member of the Commissioner Advisory Staff, provided that such information is provided openly pursuant to subsections (2) or (3) of this rule. Nothing in this rule shall prohibit a member of the Commission or a member of the Commissioner Advisory Staff from communicating with other members of the Commission and other members of the Commissioner Advisory Staff regarding a Proceeding pending before the Commission. Members of the Commissioner Advisory Staff shall not communicate regarding the Proceeding with any other Party including the Public Interest Advocacy Staff unless such communication is made openly utilizing the procedures set forth in subsection (3) of this rule. A "Chinese Wall" procedure shall be utilized to provide for independence between the Commissioner Advisory Staff and the Public Interest Advocacy Staff. The team leaders of the Commissioner Advisory Staff and the Public Interest Advocacy Staff shall not be in a career path reporting position to anyone on the other team. In those instances where a team member is in a career path reporting position to someone on the other team, only the team leader, not the career path manager, may direct the team member's participation or positions on the team.
(6) This rule shall apply commencing immediately upon the conclusion of the hearings to receive testimony in the Proceeding and end the day after the official time for filing for reconsideration. Provided, however, that if a motion forreconsideration is made, the rule shall continue to apply until the Commission has rendered its final decision on such motion.
(7) This Rule shall not apply to non-substantive inquiries about procedural and scheduling issues.
(8) Penalties. Failure of a Party to abide by the Commission's rule prohibiting ex parte communications may result in reprimand or exclusion of the Party from the hearing pursuant to O.C.G.A. § 50-13-13(a)(6) and/or penalties under O.C.G.A. § 46-2-91.