1. (a) File With the Commission Filing Clerk. All pleadings, rate filing packages, written testimony, and any other document required to be filed with the commission shall be filed with the commission filing clerk, and shall state the control number on the heading, if known.

2. (b) Number of documents to be filed. Unless otherwise provided by this chapter or ordered by the presiding officer, the number of copies to be filed, including the original, are as follows:

   1. (1) applications, petitions, and complaints: 13 copies;
   2. (2) tariffs for review under §22.33 of this title (relating to Tariff Filings): five copies;
   3. (3) exceptions, replies, interim appeals, requests for oral argument, and other documents addressed to the commissioners: 19 copies;
   4. (4) testimony and briefs: 11 copies, except that in contested cases transferred to the State Office of Administrative Hearings, parties must file 13 copies of testimony and briefs;
   5. (5) rate, fuel factor, and fuel reconciliation filing packages: 11 copies;
   6. (6) applications for certificates of convenience and necessity for transmission lines or boundary changes, certificate of convenience and necessity exemptions, and service area exceptions: six copies;
   7. (7) discovery requests: seven copies;
   8. (8) discovery responses: three copies; and
   9. (9) other pleadings and documents: ten copies, except that in contested cases transferred to the State Office of Administrative Hearings, parties must file 12 copies of other pleadings and documents.
3. (c) Receipt by the commission. Pleadings and any other documents shall be deemed filed when the required number of copies and the electronic copy, if required, in conformance with §22.72 of this title (relating to Formal Requisites of Pleadings To Be Filed with the Commission) are presented to the commission filing clerk for filing. The commission filing clerk shall be required to accept pleadings and documents if the person seeking to make the filing is in line by the time the pleading or document is required to be filed.
4. (d) No Filing Fee. No filing fee is required to file any pleading or other document with the commission.
5. (e) Office hours of the commission filing clerk. For the purpose of filing pleadings and other documents, the office hours of the commission filing clerk are from 9:00 to 5:00 p.m., Monday through Friday, on working days.
6. (f) Filing a copy or facsimile copy in lieu of an original. Subject to the requirements of subsection (b) of this section and §22.72 of this title, a copy of an original document or pleading, including a copy that has been transmitted through a telecopier, may be filed, so long as the party or the attorney filing such copy maintains the original for inspection by the commission or any party to the proceeding.
7. (g) Filing Deadline. All documents shall be filed by 3:00 p.m. on the date due, unless otherwise ordered by the presiding officer.

8. (h) Filing deadlines for documents addressed to the commissioners.

   1. (1) Except as provided in paragraph (2) of this subsection, all documents from parties addressed to the commissioners relating to any proceeding that has been placed on the agenda of an open meeting shall be filed with the commission filing clerk no later than seven days prior to the open meeting at which the proceeding will be considered provided that no party is prejudiced by the timing of the filing of the documents. Documents that are not filed before the deadline and do not meet one of the exceptions in paragraph (2) of this subsection, will be considered untimely filed.

   2. (2) The deadline established in paragraph (1) of this subsection does not apply if:

      1. (A) the documents have been specifically requested by one of the commissioners;
      2. (B) the parties are negotiating and such negotiation requires the late filing of documents; or
      3. (C) good cause for the late filing exists. Good cause must clearly appear from specific facts shown by written pleading that compliance with the deadline was not reasonably possible and that failure to meet the deadline was not the result of the negligence of the party. The finding of good cause lies within the discretion of the commission.
   3. (3) Documents filed under paragraph (2) of this subsection shall be served on all parties by hand delivery, facsimile transmission, or by overnight courier delivery.

Source Note:The provisions of this §22.71 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective December 29, 1995, 20 TexReg 10765; amended to be effective June 1, 1997, 22 TexReg 4195; amended to be effective July 23, 1997, 22 TexReg 6565; amended to be effective June 15, 1998, 23 TexReg 6202.