170 IAC 1-6-8 Commission approval

Sec. 8. (a) The commission division shall review the filings for its respective utility industry and promptly inform the utility of any: (1) missing information; (2) incomplete information; or (3) additional information; it requires to complete review of the filing. (b) After completing its review, the commission division shall recommend the filing for approval or denial by the commission. If the commission division recommends the filing be denied, it shall notify the utility of its decision in writing through electronic mail at least five (5) calendar days before submitting its recommendations to the commission. The utility may withdraw its filing at any time before the date of the conference at which the filing is considered by the commission. (c) If the utility has not previously withdrawn the filing, the commission division shall submit: (1) a description of the filing; and (2) the commission division's recommendation; to the utility articles for consideration at the next conference, which must be at least thirty (30) days after the filing date unless the commission has approved an order prescribing a different time frame. (d) A utility may do the following: (1) Withdraw its filing at any time without approval of the commission. (2) Resubmit a filing that has previously been: (A) withdrawn by the utility; or (B) denied by the commission. (e) An intrastate access tariff filing that does not mirror the applicable interstate or intrastate access tariff may be subject to post-filing review by the commission for reasonableness under IC 8-1-2-88.6(b). A tariff determined by the commission or commission division to be subject to this rule, including post-filing changes recommended by the commission division, may be included within the scope of the utility articles subject to approval by the commission at a conference to be held at least thirty (30) days after the filing date. Application of the tariff review process contemplated in IC 8-1-2-88.6(b) is consistent with and does not in any way nullify or restrict the effective upon filing provisions of IC 8-1-32.5-11(c).