Section 285.145  Compliance

a)         Within 35 days after the date of filing the tariffs, the Director of the Administrative Law Judges Division of the Commission or the assigned Administrative Law Judge shall provide a written list of any deficiencies in the materials submitted pursuant to this Part to the utility with two copies to the Director of the Financial Analysis Division. The utility shall have 28 days after receipt of the list of deficiencies to submit the additional information to the assigned Administrative Law Judge and the Director of the Financial Analysis Divi­sion. If a utility does not intend to supply the information requested in the list of deficiencies, it shall notify the Director of the Administrative Law Judges Division of the Commission or the assigned Administrative Law Judge of its intention within 10 days after its receipt of the list of deficiencies.

b)         If the utility fails to comply with this Part, after having been notified in writing, and fails to provide to the Director of the Administrative Law Judges Division of the Commission or the assigned Administrative Law Judge the requested information, the failure could result in a citation or other enforcement pursuant to law for failure to comply with this Part. In determining whether to take enforcement action, the Commission shall consider, among other things:

1)         Any explanation that may be provided by the utility;

2)         The Commission's need for the information;

3)         The difficulty to the utility of providing the information, including the cost of compliance to the utility; and

4)         The utility’s previous record of compliance with the requirements of this Part and the utility’s efforts at cooperation with the Commission and its Staff.