38.5.2821    DEFICIENT FILINGS

(1) The commission shall, within 30 days of the filing by the utility of an application for rate increases, notify the utility of any failure of the application to comply with requirements of these rules. The notice shall specify the deficiencies and grant the utility a reasonable period of time in which to supplement or correct the filing. If notice is not given within the 30 days of filing, the application shall be deemed to comply with these rules. The date of the initial filing shall be preserved unless the initial filing patently fails to substantially comply with these rules. No filing shall be deemed to have patently failed to substantially comply with rules if the commission can reasonably judge the merits of the application and any deficiencies in the filing are corrected within 30 days. If the filing utility fails or refuses to provide information with respect to an expense, revenue, plant or other account item, but otherwise meets its burden of proof, the commission may adjust the utility's revenue requirement to reflect the failure to meet the burden of proof as to the specific item.

History: Sec. 69-3-103, MCA; IMP, Sec. 69-2-101, MCA; NEW, 1986 MAR p. 808, Eff. 5/16/86.