(1) All documents filed with the commission by any party to a proceeding which pertains to an application by any energy utility, including energy transportation and distribution providers, any telecommunications utility, or any water or sewer utility serving more than 5,000 customers, to establish, modify, or abolish tariffed rates or operating rules must, in addition to the paper original and copies required by commission rules, policies, or orders, be accompanied by an electronic copy at the time of filing, except as provided in (3) .

(2) The electronic copy must be filed on a floppy disk (3 1/2 inch, MS-DOS format) or compact disc and must be a single file in adobe portable document format (pdf) format (see www.adobe.com) .   The first digital pages of the single-file electronic copy must be a table of contents, by heading and subheading and, when testimony is included, by witness identification, referencing to pdf background page numbers.   Except for the table of contents with its reference to pdf background page numbers, the electronic copy must be identical to the paper original which it represents.   The floppy disk and compact disk must be labeled.   The label must include the PSC docket number, the case title (abbreviated) , the name of party responsible for the filing, an identity of what the electronic copy represents, and the date of filing.

(3) The following are not subject to this electronic copy requirement unless the commission otherwise orders:

(a) Documents which have been designated trade secret or have been otherwise protected from public disclosure by action of the commission except nonproprietary summaries of such documents are subject to the electronic filing requirement;

(b) documents submitted for the first time (not prefiled) at hearing in the proceeding; and

(c) documents which are public comments.

(4) A party may apply to the commission for waiver of this rule in regard to documents which conversion to electronic format is impractical.   A party, except a utility or frequent intervenor in commission proceedings, may apply to the commission for waiver of this rule if the party does not have or have reasonable access to equipment and software allowing compliance with this rule.   Utilities and frequent intervenors in proceedings before the commission are required to have or make arrangements for reasonable access to equipment and software allowing compliance with this rule.

(5) When service of a document filed with the commission is required by commission rule, policy, order, or the like, the electronic copy of the document must also be served.

(6) For purposes of this rule the following definitions apply:

(a) "document" means pre-pleading motions, pleadings, applications, petitions, cover letters, transmittal letters, proposed notices, prefiled testimony, exhibits, work papers, data requests and other discovery and responses to those, and all other written submissions of any kind;

(b) "party" means the applicant (or petitioner) and intervenors applying for or having obtained formal party status in a proceeding to which this rule applies.

(7) This rule is effective on and after August 5, 2002.