Oklahoma regulators will meet Tuesday to consider some rulemaking changes.
Corporation Commission chairwoman Kim David included some changes regarding when the commission might take it upon itself to dismiss a case.
CHAIRMAN KIM DAVID’S PROPOSED RULES AMENDING CHAPTER 5
(As of January 6, 2025)
TITLE 165. CORPORATION COMMISSION
CHAPTER 5. RULES OF PRACTICE
SUBCHAPTER 9. SUBSEQUENT PLEADINGS
165:5-9-2. Subsequent pleadings
(e) Dismissal. The applicant may dismiss the application with or without prejudice at any time prior to the record being opened at the hearing on the merits in said case by submitting a proposed
order dismissing the case filing a notice of dismissal in ECF, and providing a copy of the notice of dismissal to the Administrative Law Judge assigned to the case or, if no Administrative Law Judge
has been assigned, to the chief Administrative Law Judge and all parties of record. Such dismissal shall not dismiss the case as to A respondent may file an objection to the notice of dismissal if
specifically stated affirmative relief is sought by any respondent, thereby allowing and, upon the appearance at the time of hearing of any respondent who has not received notice of the dismissal
or who has requested specific affirmative relief, such respondent may to enter any evidence into the record and may be granted any relief which, upon which the Commission or Administrative
Law Judge deems may grant any relief deemed appropriate. If no objection to the notice of dismissal is filed within fifteen (15) calendar days, the Court Clerk shall dismiss the case by filing
a minute order on the sixteenth day, which shall have the same effect as a Commission order, and shall be provided to all parties of record.
(1) At any time prior to the record being opened at the hearing on the merits in a case, a respondent may file a motion to dismiss in the same manner as provided in (b) of this Section.
(2) After the record has been opened at the hearing on the merits in a case, the case may be dismissed by agreement of all parties of record or recommended for dismissal with or without prejudice by the Commission or Administrative Law Judge upon the Commission’s or Administrative Law Judge’s own motion or upon motion of any party of record. A motion to dismiss filed hereunder shall comply with the provisions of (b) of this Section; provided that, in a case where a motion to dismiss has been filed, notice shall be served on each respondent in the case.
(3) Upon five (5) business days’ notice to parties of record, the Commission may entertain motions to dismiss for any of the following reasons:
(A) Failure to prosecute.
(B) Unnecessary duplication of proceedings or res judicata.
(C) Withdrawal.
(D) Moot question or obsolete applications.
(E) Lack of jurisdiction.
(F) Failure to submit a proposed order in a timely manner.
(G) For other good cause shown.
(4) Upon providing fifteen (15) business days’ notice on a posted disposition docket, and upon emailing notice to all parties of record to a case, the Disposition of cases.
(A) The Commission may dismiss cases for any of the following reasons:
(A) (1) Failure to submit a proposed or corrected order to the Administrative Law Judge or the Commission within thirty (30) days after the recommendation date or as directed by the Administrative Law Judge or the Commission.
(B) (2) Failure to set a case on a day certain.
(3) Failure to file any pleading or status update in a case for one (1) year.
(B) Prior to dismissing a case, the Court Clerk shall electronically notify all parties listed on the Official ECF Service List that the case will be dismissed without prejudice if a proposed or corrected order is not submitted, or if no pleading or status update is filed within fifteen (15) calendar days.
(C) To keep the case open, any party of record shall:
(1) Submit the proposed or corrected order; or
(2) File a pleading, notice of hearing, or a written status update providing justification to keep the case open.
(D) If a proposed or corrected order is not submitted, the Court Clerk shall dismiss the case without prejudice by filing a minute order on the sixteenth day, which shall have the same effect as a Commission order, and shall be provided to all parties of record.
(E) If a pleading, notice of hearing, or a written status update is not filed, the Court Clerk shall dismiss the case without prejudice by filing a minute order on the sixteenth day, which shall have the same effect as a Commission order, and shall be provided to all parties of record.
(F) A proposed order is automatically deemed null if the proposed order does not receive a majority approval by the Commission and remains unapproved for one (1) year. A proposed order deemed null is not a denial of the case or requested relief. Upon notification of the proposed order being deemed null, the parties of record shall meet and confer to determine future action. The parties of record may set the case for a status conference or
hearing before the Administrative Law Judge or Commission by filing a notice of hearing.
This provision shall not apply to cases filed on the PUD or OSF dockets.
NOTE: Commissioner David’s proposed amendments to OAC 165:5-13-3(d) are withdrawn
The agenda for the 1:30 p.m. meeting of Corporation Commissioners also includes a Technical Conference for discussion and public comment in Case No. RM 2024-000001, which proposes changes regarding “all pollution complaints received by the Commission that are not closed pursuant to 165:5-1-28.” One of the proposed changes includes eliminating a 180 day-deadline to find a pollution complaint resolution and changing it to “reasonable time” after receipt of a pollution complaint.
Another technical conference will be held concerning changes of rules under Oil & Gas Conservation including changes in the definition of pressure testing using hydrogen, commercial disposal well, and enhanced recovery injection well.
The agenda made it clear Commissioners might or might not attend but no vote or other action is anticipated.