1. (a) Construction of Pleadings. All pleadings shall be construed so as to do substantial justice.
2. (b) Procedural Sufficiency of Pleadings. Any pleading that does not comply in all material respects with this chapter, shall nevertheless be conditionally accepted for filing. Upon notification by the presiding officer of a deficiency in pleadings, the pleading party shall correct or complete the pleading in accordance with the notification. If the pleading party fails to correct the deficiency, the pleading may be stricken from the record.

3. (c) Notice of Material Deficiencies in Rate Change Applications. This subsection applies to applications for rate changes filed pursuant to PURA, §2.212 or §3.211.

   1. (1) Motions to find a rate change application materially deficient shall be filed no later than 21 days after an application is filed. Such motions shall specify the nature of the deficiency and the relevant portions of the application, and cite the particular requirement with which the application is alleged not to comply. The applicant's response to a motion to find a rate change application materially deficient shall be filed no later than five working days after such motion is received.
   2. (2) If within 35 days after filing of a rate change application, the presiding officer has not issued a written order concluding that material deficiencies exist in the application, the application shall be deemed sufficient.
   3. (3) If the presiding officer determines that material deficiencies exist in an application, the presiding officer shall issue a written order within 35 days of the filing of the application specifying a time within which the applicant shall amend its application and correct the deficiency. The effective date of the proposed change will be 35 days after the filing of a sufficient application. The statutory deadlines shall be calculated based on the date of filing the sufficient application.

4. (d) Notice of Material Deficiencies in Applications for Certificates of Convenience and Necessity for Transmission Lines. This subsection applies to applications for certificates of convenience and necessity for transmission lines.

   1. (1) Motions to find an application for certificate of convenience and necessity for transmission line materially deficient shall be filed no later than 60 days after an application is filed. Such motions shall specify the nature of the deficiency and the relevant portions of the application, and cite the particular requirement with which the application is alleged not to comply. The applicant's response to a motion to find an application for certificate of convenience and necessity for transmission line materially deficient shall be filed no later than 15 days after such motion is received.
   2. (2) If, within 90 days after filing of an application for certificate of convenience and necessity for transmission line, the presiding officer has not issued a written order concluding that material deficiencies exist in the application, the application shall be deemed sufficient.
   3. (3) If the presiding officer determines that material deficiencies exist in an application, the presiding officer shall issue a written order within 90 days of the filing of the application specifying a time within which the applicant shall amend its application and correct the deficiency. Any statutory deadlines shall be calculated based on the date of filing the sufficient application.
5. (e) Additional Requirements. Additional requirements as set forth in §22.76 of this title (relating to Amended Pleadings) apply.

Source Note:The provisions of this §22.75 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627.