OREMC | Okefenoke Rural Electric Online

(a) “Application for Compensation” shall mean an application requesting compensation for the reasonable expenses of intervening and participating in a proceeding governed by these Rules, in accordance with the provisions of Rule 7.

(b) “Board” shall mean the Board of Directors of Okefenoke Rural Electric Membership Corporation.

(d) “Formal Party” or “Formal Party of Record” shall have the meaning as set forth in Rule 4.

(e) “Limited Appearance” shall mean an oral or written statement by a Member of his or her position and views on the issues under consideration in a proceeding governed by these Rules, in accordance with the provisions of Rule 5.

(f) “Member” shall mean a Person who is a member of Okefenoke Rural Electric Membership Corporation in accordance with the provisions of Article I of Okefenoke Rural EMC’s bylaws.

(g) “Moderator” shall mean that individual employed by Okefenoke Rural Electric Membership Corporation in accordance with the provisions of Rule 9.

(h) “Notice of Hearing” shall mean any notice given by Okefenoke Rural Electric Membership Corporation in accordance with the provisions of Rule 2.

(i) “Notice of Intervention” shall mean a notice filed by a Person desiring to intervene and participate as a Formal Party of Record in a proceeding governed by these Rules, in accordance with the provisions of Rule 4.

(k) “Person” shall mean any individual, corporation, cooperative, limited liability company, partnership, association or other entity.

(l) “PURPA” shall mean the Public Utility Regulatory Policies Act of 1978, as amended by the Energy Independence and Security Act of 2007.

(m) “PURPA Identification Number” shall mean that number assigned to Persons accepted as Formal Parties of Record in accordance with the provisions of Rule 4.

(n) “PURPA Standards” shall mean those four (4) standards potentially applicable to nonregulated utilities established by Section 537 and 1307 of the Energy Independence and Security Act of 2007, and which are codified at 16 U.S.C. §§ 2621(d) subsections (16) (both of the so-titled subsections) and (17) (both of the so-titled subsections).

(o) “PURPA Web Site” shall mean that web site maintained by Okefenoke Rural Electric Membership Corporation in connection with proceedings governed by these Rules, and which may be accessed at www.oremc.com .

(p) “Request for Information” shall mean a request sent from one Party to another Party in accordance with the provisions of Rule 6.

(r) “Rules” shall mean these “Rules for Conducting Proceedings Required by the Public Utility Regulatory Policies Act of 1978 (as amended by the Energy Independence and Security Act of 2007),” which were adopted by the Board of Directors of Okefenoke Rural Electric Membership Corporation on November 25, 2008

(t) “OREMC Staff” shall mean the Chief Executive Officer of OREMC and any other employees or agents of OREMC chosen or designated by the Chief Executive Officer to advise the Board as to the PURPA standards.

(a) Notice of any hearings conducted by OREMC in connection with or relating to the consideration and determination of the PURPA Standards shall be provided to OREMC’s Members at least ninety (90) days prior to the date on which the hearing is to take place.

(b) The Notice of Hearing referred to in this Rule shall be provided to Members by the same means as is notice of OREMC’s annual meeting. Additionally, the notice shall be posted in each of OREMC’s physical offices and on OREMC’s PURPA Web Site.

(c) For the purpose of determining Members entitled to Notice of Hearing, the Board, shall, prior to the deadline for sending such Notice of Hearing, fix a record date in accordance with O.C.G.A. § 46-3-264.

(2) A statement of the legal authority pursuant to which the hearing is to be held;

(3) A reference to the particular PURPA standards to be considered, including a legal citation to the particular section of the statute at which such standards can be located;

(4) A statement identifying those Persons with a right to intervene in the hearing, including a reference to the portion of these Rules governing such intervention;

(5) A statement as to the ability of any Member to participate in the hearing without intervening, including a reference to the portion of these Rules governing such participation; and

(6) A statement that the hearing will be governed by these Rules, including a statement as to how such Rules may be obtained.

(a) Except as otherwise provided in these Rules, any notice, application, or other document or filing required or permitted under these Rules (“Filing”) shall be directed to the attention of Ernie Thomas. Filings may be delivered in person to OREMC’s headquarters during business hours. OREMC’s headquarters is located at 147 E. Cleveland, Nahunta , Georgia 31553 and is open Monday through Friday from 8:00 a.m. to 5:00 p.m. EST /EDT. Filings also may be made by mail to P.O. Box 602, 147 E. Cleveland, Nahunta , Georgia 31553 or by statutory overnight delivery (as defined by O.C.G.A. § 9-10-12 ) to the headquarters address listed above.

(b) In addition to filing an original document with OREMC, a Person submitting a Filing (except for a written Limited Appearance pursuant to Rule 5) also shall file 15 copies.

(c) Persons submitting Filings to OREMC (except for a written Limited Appearance pursuant to Rule 5), unless they do not possess the technical ability to do so, shall file contemporaneously with the original and copies an electronic version of the document, along with any exhibits thereto, in “pdf” format. Persons not possessing the technical ability to file an electronic version shall certify such contemporaneously with the filing of the original hard copy. In the event that a textual, substantive or other type discrepancy exists between the original hard copy of the document and the electronic version filed, the contents of the original hard copy filed with OREMC shall control.

(d) Any document required or permitted to be filed under these Rules shall be deemed to be received by or filed with OREMC on the date such document actually is received by OREMC during its business hours. Each Filing will be date-stamped to show the date on which the Filing was received by OREMC.

(e) Every Filing made pursuant to these Rules shall be posted on OREMC’s PURPA Web Site and may be downloaded by any interested Person. Service on other Formal Parties of Record, therefore, is not necessary. Formal Parties of Record not possessing the technical ability to access or download information from the PURPA Web Site shall certify such inability in writing pursuant to this Rule, whereupon they will be entitled upon request, to receive hard copies of Filings from OREMC.

(4) Include the PURPA Identification Number assigned to that Person, if a Formal Party of Record, by OREMC pursuant to Rule 4 (except that no such identification number shall be required for an initial Notice of Intervention or a written Limited Appearance);

(5) Include the signature of that Person or his legal counsel or other authorized representative; and

(6) Include a sworn verification by the appropriate Persons of any facts contained therein.

(g) In computing any period of time prescribed or allowed under these Rules, the first day shall not be counted but the last day shall be counted. If the last day prescribed or allowed for action falls on Saturday or Sunday, or on some other day on which OREMC is closed for business, the Person shall have through the next business day to take the action required or permitted. In all cases, each calendar day shall be included in the computation, regardless of whether it is a Saturday, Sunday or legal holiday (except when the last day falls on a Saturday, Sunday, etc. as provided in the preceding sentence).

(a) In any proceeding conducted pursuant to these Rules, the Formal Parties of Record to such proceeding shall consist of OREMC Staff and any Person who intervenes in accordance with the provisions of this Rule.

(b) The following Persons may intervene and participate as Formal Parties of Record as a matter of right in any proceeding conducted pursuant to these Rules:

(c) Any Person identified in paragraph (b) above desiring to intervene and participate as a Formal Party of Record shall file a Notice of Intervention, in the manner prescribed by this paragraph, no later than sixty (60) days prior to the date of the hearing. The Notice of Intervention shall:

(2) Be verified either by the Person desiring to intervene or (if other than a natural person) that Person’s authorized representative;

(4) Set forth with particularity the facts pertaining to his interest, including the specific PURPA Standards to which his intervention relates; and

(5) Set forth with particularity the grounds upon which his intervention is based.

A form Notice of Intervention is appended to these Rules, which shall be used by Persons desiring to intervene.

(d) Upon receipt of a Notice of Intervention, OREMC will review such notice to determine:

(1) Whether the Person on whose behalf the notice is filed is entitled to intervene and participate as a Formal Party of Record; and

Upon the completion of such review, OREMC will notify the Person filing the Notice of Intervention whether such notice has been accepted or rejected. If accepted, OREMC will assign a PURPA Identification Number to the Person on whose behalf the notice is filed, which identification number shall be included on all subsequent filings made by or on behalf of that Person.

(e) To be entered as a Formal Party of Record, any Person having timely filed a Notice of Intervention shall sign-in during the sign-in portion of the hearing, and be present when called by the Moderator to present his or her testimony. See Rule 11, concerning the conduct of hearings.

(f) Failure of a Person either to file a Notice of Intervention as prescribed by this Rule, or to sign-in and to be present when called by the Moderator to present his or her testimony (as prescribed by Rule 11), shall be deemed an abandonment of such Person’s right to intervene and participate as a Formal Party of Record, except in the discretion of the Moderator and for good cause shown.

(a) Any Member of OREMC who is not a Formal Party of Record may nonetheless make a Limited Appearance by making an oral or written statement of his position and views on the issues under consideration, as prescribed by this Rule.

(b) A Member who is not a Formal Party may make an oral statement of his position and views on the standards being considered by being present at the time(s) stated in the Notice of Hearing for accepting such statements. See Rule 11, concerning the conduct of hearings.

(c) A Member who is not a Formal Party may make a written statement of his position and views on the standards being considered by filing such statement, in accordance with the provisions of Rule 3, no later than thirty (30) days after the conclusion of the hearing. A form for making a Limited Appearance by written statement is appended to these Rules, which shall be used by Members desiring to make such statements.

(d) A Member making a Limited Appearance pursuant to this Rule shall have his statement added to the record, but such Member shall not be entitled to receive copies of Filings, orders, or other documents; shall not be entitled to serve or required to answer Requests for Information, except as otherwise provided in Rule 6; and shall not otherwise participate in the proceeding.

(a) Any Formal Party of Record shall have access, in accordance with the provisions of this Rule, to information available to all other Formal Parties if such information:

(1) Is relevant to the issues to which the Party’s intervention and participation relates;

(3) Does not pertain to trade secrets or other non-public, proprietary information.

(b) Every Filing made pursuant to these Rules shall be posted on OREMC’s PURPA Web Site and may be downloaded by any interested Person. Formal Parties of Record not possessing the technical ability to access or download information from the PURPA Web Site shall certify such inability in writing, pursuant to Rule 3, whereupon they will be entitled, upon request, to receive hard copies of Filings from OREMC.

(c) Any Formal Party desiring to obtain information from another Party, which information is not available on OREMC’s PURPA Web Site, shall serve upon that Party a request for such information, using the form Request for Information appended to these Rules, no later than forty-five (45) days prior to the date of the hearing. A copy of the Request for Information shall be filed with OREMC, pursuant to Rule 3, at the same time it is served on the other Party.

(d) The Party upon whom a Request for Information is served shall serve a written response within twenty (20) days after service of the request. The response need not be filed with OREMC. The response shall state, with respect to each item or category, that inspection or production will be permitted as requested, will be permitted in some other reasonable manner, or will not be permitted because the information requested is not relevant, is subject to some rule of privilege recognized by law, or pertains to a trade secret or other non-public, proprietary information. If inspection or production is not permitted, the Party submitting the request may file a request for a ruling from the Moderator, within five (5) days after receiving the response, as to the relevance, privileged status, or trade secret or other proprietary status of the information, as the case may be. Prior to filing such a request, however, the filing Party shall confer with the opposing Party in a good faith effort to resolve the matters involved by agreement and without intervention of the Moderator. At the time of filing the request for a ruling from the Moderator, the filing Party shall also file a statement certifying that such conference has occurred and that the effort to resolve the issues by agreement failed. Parties failing to comply with an order of the Moderator as to Requests for Information shall be deemed to abandon their right to intervene and participate as a Formal Party of Record.

(e) Members making a Limited Appearance pursuant to Rule 5 ordinarily shall not be entitled to serve Requests for Information, but upon petition by such persons, the Moderator, in his or her discretion, may permit such discovery for good cause shown.

(f) Notwithstanding anything contained herein to the contrary, all Requests for Information, all responses thereto, and any requests for rulings from the Moderator shall be completed no later than twenty (20) days prior to the date of the hearing.

(a) Pursuant to the provisions of this Rule, Formal Parties may be entitled to compensation from OREMC for the reasonable expenses of intervening and participating in the proceeding if, and only if, all of the following criteria are satisfied:

(1) The position advocated by such Party is approved, in whole or in part, by the Board;

(2) Such Party, in the discretion of the Board, substantially contributes to such approval; and

(3) The compensation requested is reasonably justifiable and proved in accordance with this Rule.

(b) To qualify for the compensation provided by this Rule, Formal Parties must submit an application requesting such compensation no later than ten (10) days prior to the date of the hearing, which application shall state with particularity facts showing:

(1) That the Party requesting compensation has, or represents, an interest that would not otherwise be represented adequately in the proceeding;

(2) That the Party requesting compensation has, or represents, an interest the representation of which is necessary for a fair determination in the proceeding;

(3) That the Party requesting compensation is, or represents an interest that is, unable to participate effectively in the proceeding because such Party cannot afford to pay reasonable attorneys’ fees, expert witness fees, and other reasonable costs of preparing for and participating in the proceeding; and

(4) The amount of compensation sought by the Party, which shall be based on the actual or reasonably anticipated fees and costs incurred by the Party in preparing for and participating in the proceeding. In connection with the amount of compensation sought, the application shall:

(A) Set forth the number of hours reasonably expended or anticipated to be expended by each attorney and expert witness for which compensation is sought. For purposes of this Rule, the “hours reasonably expended or anticipated to be expended” means only that time reasonably necessary for the preparation of and participation in the proceeding. Hours deemed to be excessive, redundant or otherwise unnecessary will not be included.

(B) Set forth the reasonable hourly rate of each attorney and expert witness for which compensation is sought. For purposes of this Rule, “reasonable hourly rate” means the prevailing market rate in the relevant legal or expert community for similar services by lawyers or experts of comparable skills, experience and reputation.

(C) Set forth the reasonable costs for which compensation is sought. For purposes of this Rule, “reasonable costs” means fees and disbursements for printing, witnesses (other than expert witnesses), and exemplification and copies of paper necessarily obtained for use in the proceeding.

A form Application for Compensation is appended to these Rules, which shall be used by Parties requesting compensation pursuant to this Rule.

(d) Rulings on Applications for Compensation will be made no later than thirty (30) days after the issuance of the Board’s written determination pursuant to Rule 15.

(a) The testimony of any witness, including a Formal Party, who is to testify in connection with the proceeding must be pre-filed with OREMC at least ten (10) days prior to the date of the hearing, along with any exhibits in support thereof. The pre-filing requirement of this Rule does not apply to witnesses offering only rebuttal testimony pursuant to Rule 11(c).

(b) Members making Limited Appearances pursuant to Rule 5 shall not be deemed to be witnesses for purposes of the pre-filing requirement. Such Members may make written or oral statements of their positions and views in accordance with the provisions of Rule 5.

(a) OREMC shall employ a Moderator to preside over the proceeding. The Moderator shall be qualified by knowledge, training, experience and competence to conduct such proceeding in accordance with these Rules.

(b) The Moderator shall, with respect to the proceeding, have only the authority to:

(4) Permit Members to make Limited Appearances as provided in Rule 5 and regulate the taking of such Limited Appearances as provided in Rule 11;

(6) Reprimand or exclude from the hearing any Person for any indecorous or improper conduct committed at or during the hearing;

(7) Exercise such other powers necessary for the efficient and expeditious conduct of the hearing, to the end that a complete and orderly record may be developed; and

(8) Dispose of requests for rulings on issues pertaining to Requests for Information as provided in Rule 6;

(10) Prepare and certify a report of the hearing in accordance with paragraph (c). The report shall address such procedural and/or substantive matters as the Moderator believes may be useful to the Board, but shall not include a recommendation regarding the Board’s determination with respect to each PURPA standard.

(c) Within fifteen (15) days after the conclusion of the hearing, the Moderator shall submit to the Board a report of the hearing. Any such report shall also be served upon the Formal Parties of Record, who shall be provided an opportunity to object or comment on same within fifteen (15) days after the date of the report.

(a) The Board shall be the ultimate decision maker with respect to the determinations required by PURPA.

(a) All Persons desiring to participate in the hearing in any manner must sign-in between 8:00 a.m. and 9:00 a.m. on the date of the hearing. Those signing in shall indicate the nature of their desired participation (i.e., the standard(s) of interest, whether they wish to make a statement of record, and if so, the estimated time required for their statement). At the deadline for signing-in, the Moderator may, in his discretion, determine that a tentative schedule of appearance times be made for the convenience of all concerned. The hearing shall remain open to the public at all times, however, subject only to the Moderator’s authority to ensure that the hearing is conducted in a safe, expeditious and reasonable manner.

(b) At the deadline for signing-in, the Moderator shall call for and enter the names of all Persons having filed timely Notices of Intervention and desiring to be entered as Formal Parties of Record. Failure to be present for and answer such call shall be deemed an abandonment of the right to intervene and participate as a Formal Party. Any Board member shall have the right to attend all or any part of the hearing without filing a Notice of Intervention.

(c) After the call for and entry of Formal Parties, the Moderator shall accept motions from such Parties to move pre-filed testimony into evidence. It shall not be necessary, nor is it expected, that witnesses whose testimony has been pre-filed will appear personally at the hearing to reiterate or summarize that testimony. Personal appearance by such witnesses, except when offering rebuttal testimony in accordance with paragraph (d), shall be allowed, in the discretion of the Moderator, only for good cause shown.

(d) In addition to pre-filed testimony, any Formal Party may offer at the hearing testimony in direct rebuttal to testimony pre-filed by any other Formal Party. Such rebuttal testimony does not have to be pre-filed and shall not be subject to cross-examination.

(e) Any Formal Party may also offer at the hearing documentary evidence relevant to the issues under consideration.

(f) Any Member desiring to make an oral Limited Appearance pursuant to Rule 5 may do so at the place of the hearing at any time prior to the conclusion of the hearing. Depending on the number of persons desiring to speak, the time allotted for accepting Limited Appearances, and other factors affecting the orderliness and efficiency of the hearing, the Moderator may limit the amount of time each Member has to speak, may request that statements not unnecessarily repeat points already made, and may otherwise control and regulate the manner in which the limited appearances are received.

(g) The hearing shall conclude after all Persons who signed up in a timely manner have been given the opportunity to submit their testimony, rebuttal, or other statements.

(a) In the hearing, the Moderator shall not be bound by the strict technical rules of evidence but may exercise such discretion as will facilitate the Board’s efforts to ascertain facts bearing upon the right and justice of the matters before it.

(b) Notwithstanding the foregoing, however, the following criteria should guide the Parties and the Moderator in the conduct of the hearing:

(4) Official notice may be taken of generally recognized technical or scientific facts within the Board’s specialized knowledge.

(c) The Moderator’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of evidence and, if necessary, in ruling upon offers of proof.

Any Formal Party of Record may submit a post-hearing position statement on any matter related to his intervention within thirty (30) days after the conclusion of the hearing. Post-hearing position statements shall be limited to thirty (30) pages. Any response by a Formal Party to a post-hearing position statement of another Party shall be filed no later than forty-five (45) days after the conclusion of the hearing.

(1) All pleadings, notices, requests, pre-filed testimony moved into evidence, post-hearing position statements and any responses thereto, written Limited Appearances, and other Filings;

(2) A transcript of the hearing, including oral Limited Appearances, transcribed by a certified court reporter;

The record shall close forty-five (45) days after the conclusion of the hearing.

(a) The Board will issue its determination as to each PURPA Standard under consideration as soon as reasonably practicable after the close of the record. The determination shall be:

(2) Based upon findings included in such determination and upon the evidence in the record; and

(b) The determination of the Board shall be signed by the Chairman and the Secretary of the board of OREMC.

(c) Any member of the Board may file a dissenting opinion, when in the minority on any issue, or his reasons and grounds for his opinion when in the majority.

(d) Once issued, the Board’s determination shall be mailed to each Formal Party of Record and shall be posted on OREMC’s PURPA Web Site for 180 days after the date on which it is issued. Hard copies of the determination shall be available to the public, upon request, at OREMC’s headquarters during business hours. OREMC’s headquarters is located at 147 E. Cleveland, Nahunta , Georgia 31553 and is open Monday through Friday from 8:00 a.m. to 5:00 p.m. EST/EDT.

(a) Transcripts of the hearing shall be available to any Formal Party of Record, upon request, at the cost of reproduction.

(b) Requests for transcripts shall be made on OREMC’s form Application for Transcript appended to these Rules and submitted to OREMC in accordance with Rule 3. After receiving an application, OREMC will notify the Party making the request:

(3) How payment may be made to OREMC in advance of the transcript being produced.

WHEREAS, in 2007, the United States Congress approved and the President of the United States signed into law the Energy Independence and Security Act of 2007 (the “Act”); and

WHEREAS, the Act contained several amendments to the Public Utility Regulatory Policies Act of 1978 (“PURPA”); and

WHEREAS, PURPA, as amended by the Act, requires certain covered electric utilities whose rates are not subject to regulation by a state regulatory authority to consider and determine whether they will implement three new standards relating to energy resource planning, rate design and resource information (the “three PURPA standards”); and

WHEREAS, PURPA, as amended by the Act, contained duplicated code section numbers and other ambiguities which have not, to-date, been corrected; and

WHEREAS, one of these ambiguities is whether a fourth standard is applicable to nonregulated utilities (the “fourth PURPA standard”); and

WHEREAS, the fourth PURPA standard is known as the “smart grid investment” standard, and is codified at 16 U.S.C. § 2621(d)(16) (the second of the two identically numbered sections); and

WHEREAS, out of an abundance of caution and the advice of the National Rural Electric Cooperative Association, Okefenoke Rural Electric Membership Corporation (“Okefenoke Rural EMC”) has determined to consider all four PURPA standards; and

WHEREAS, PURPA, as amended by the Act, requires the consideration and determination be made after public notice and hearing; and

WHEREAS, PURPA, as amended by the Act, provides that, except for the specific requirements contained therein, the procedures for the consideration and determination shall be those established by the electric utility; and

WHEREAS, Okefenoke Rural EMC is a covered electric utility whose rates are not subject to regulation by a state regulatory authority and, therefore, must hold hearings for the consideration and determination of the applicable new PURPA standards; and

WHEREAS, the Board of Directors of Okefenoke Rural EMC desires, pursuant to the authority bestowed upon it by PURPA, as amended by the Act, to establish procedures for the conduct of such hearing; and

WHEREAS, PURPA, as amended by the Act, requires covered electric utilities to commence the consideration or set a hearing date for such consideration with regard to one or more of the new PURPA standards no later than December 19, 2008 ; and

WHEREAS, Okefenoke Rural EMC’s Board of Directors desires to consider all four (4) of the new PURPA standards at a single PURPA hearing (the PURPA Hearing”), as recommended by Okefenoke Rural EMC’s staff; and

WHEREAS, Okefenoke Rural EMC’s Board of Directors desires to authorize Okefenoke Rural EMC’s staff to establish a date for the PURPA Hearing; and

WHEREAS, Okefenoke Rural EMC’s Board of Directors further desires to authorize Okefenoke Rural EMC’s staff to establish a record date for the purpose of determining members who are entitled to receive notice of the PURPA Hearing; and

WHEREAS, the record date should be sufficiently in advance of the date of the PURPA Hearing to ensure that all participants are given adequate opportunity to fully participate in the PURPA Hearing.

NOW THEREFORE, BE IT RESOLVED, that the “Rules for Conducting Proceedings Required by the Public Utility Regulatory Policies Act of 1978 (as amended by the Energy Independence and Security Act of 2007)” (the “Rules”), which are attached hereto as Exhibit “A” and incorporated herein by reference, be, and they are hereby are, adopted by the Board; and

BE IT FURTHER RESOLVED, that the Rules shall govern any and all proceedings conducted by Okefenoke Rural EMC in connection with or relating to the consideration and determination of the new PURPA standards; and

BE IT FURTHER RESOLVED that Okefenoke Rural EMC’s staff shall, in accordance with the guidelines established by the Rules and with due consideration for meeting the deadlines established by the law and the ability to fully consider the standards and develop testimony necessary to guide the Board in making its written determination, establish a date and time for the PURPA Hearing and a record date for notice of such hearing; and

BE IT FURTHER RESOLVED that the PURPA Hearing shall be held in Okefenoke Rural EMC’s headquarters in Nahunta, Georgia .

I, Tony Ham, Secretary of the Okefenoke Rural Electric Membership Corporation, do hereby certify that the foregoing is a true and correct copy of excerpts from the minutes of a regular meeting of the Board of Directors of the Okefenoke Rural Electric Membership Corporation of Nahunta, Georgia , held on the ____ day of _______, 2008, as appears in the minute book of the Corporation.

Okefenoke Rural Electric Membership Corporation will hold a hearing to facilitate the consideration and determination of standards established by the Public Utility Regulatory Policies Act of 1978, as amended by the Energy Independence and Security Act of 2007.

This hearing is held pursuant to the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq., and particularly pursuant to 16 U.S.C. §§ 2621, 2622, 2631, and 2632. The hearing will be held at the Okefenoke Rural EMC Corporate Office, with participant sign-in beginning at 8:00 a.m. and the hearing commencing at 9:00 a.m. on July 1, 2009. The following standards will be considered at the hearing:

The hearing will be governed by the “Rules for Conducting Proceedings Required by the Public Utility Regulatory Policies Act of 1978 (as amended by the Energy Independence and Security Act of 2007)” (the “Rules”), which was adopted by the Board of Directors of Okefenoke Rural Electric Membership Corporation on November 25, 2008. A copy of the Rules may be obtained at Okefenoke Rural Electric Membership Corporation’s headquarters during business hours. The headquarters is located at 147 E. Cleveland, Nahunta , Georgia 31553 and is open Monday through Friday from 8:00 a.m. to 5:00 p.m. EST/EDT. A copy of the Rules also may be downloaded from www.oremc.com.

In accordance with 16 U.S.C. § 2631, the United States Secretary of Energy, any affected electric utility, and any electric consumer of an affected electric utility has a right to intervene and participate as a formal party of record in the hearing. Please see Rule 4 concerning the procedure for intervention.

Any member of Okefenoke Rural Electric Membership Corporation that does not desire to intervene and participate as a formal party of record nonetheless will be given the opportunity to make an oral or written statement expressing his position and views on the foregoing standards. Please see Rule 5 concerning the procedure for making such statements.

All persons must sign in not later than 9:00 a.m. to ensure that they are able to participate in the hearing. Please see Rule 11 concerning the conduct of the hearing.

In accordance with Rule 4 of Okefenoke Rural EMC’s “Rules for Conducting Proceedings Required by the Public Utility Regulatory Policies Act of 1978 (as amended by the Energy Independence and Security Act of 2007),” I hereby submit this Notice of Intervention, certifying and representing as follows:

1. My name is ______________________________. I am submitting this Notice of Intervention on (circle one):

If this Notice of Intervention is being submitted on behalf of another, I certify that I am an authorized representative of said person, duly empowered to submit this Notice of Intervention, to represent said person in connection with the PURPA proceeding to which this Notice of Intervention relates, and to make decisions for such person relating to such proceeding.

2. The address of the person on whose behalf this Notice of Intervention is being submitted is:

3. This Notice of Intervention relates to the following PURPA standards (check all that apply):

4. The following facts pertain to the interest of the person on whose behalf this Notice of Intervention is being submitted, as to the foregoing standards (submit additional sheets if necessary):

5. The person on whose behalf this Notice of Intervention is being submitted is qualified to intervene and participate in the PURPA proceeding to which this Notice of Intervention relates by virtue of being (check one):

If B. or C., identify the affected electric utility: _________________________________.

If a member of Okefenoke Rural EMC, please provide account number: _________________.

Personally appeared before me, an officer duly authorized to administer oaths, ____________________, who states under oath that he/she is the person or authorized representative of the person submitting the foregoing Notice of Intervention and that the facts contained within said Notice of Intervention are true and correct to the best of his or her knowledge and belief.

Date Notice of Intervention Received: __________________________________________

Notice of Intervention Accepted or Rejected: ____________________________________

If rejected, reasons why: ______________________________________________________

If accepted, identification number assigned: __________________________________________

Date notice of acceptance/rejection sent to filer: ____________________________________

In accordance with Rule 5 of Okefenoke Rural EMC’s “Rules for Conducting Proceedings Required by the Public Utility Regulatory Policies Act of 1978 (as amended by the Energy Independence and Security Act of 2007),” I hereby submit this Limited Appearance by Written Statement, stating as follows:

1. My name is ______________________________. I am submitting this Limited Appearance by Written Statement on (circle one):

If this Limited Appearance by Written Statement is being submitted on behalf of another, I certify that I am an authorized representative of said person, duly empowered to submit this Limited Appearance by Written Statement, and to represent said person in connection with this Limited Appearance by Written Statement.

2. The address of the person on whose behalf this Notice of Intervention is being submitted, is:

3. This Limited Appearance by Written Statement relates to the following PURPA standards (check all that apply):

4. The person on whose behalf this Limited Appearance by Written Statement is being submitted is, a member of Okefenoke Rural Electric Membership Corporation. The OREMC account number is ________________________________________________.

5. The following positions and views on the foregoing standards are submitted for consideration (submit additional sheets if necessary):

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Personally appeared before me, an officer duly authorized to administer oaths, ____________________, who states under oath that he/she is the person or authorized representative of the person submitting the foregoing Limited Appearance by Written Statement and that the facts contained within said Limited Appearance by Written Statement are true and correct to the best of his or her knowledge and belief.

In accordance with Rule 6 of Okefenoke Rural EMC’s “Rules for Conducting Proceedings Required by the Public Utility Regulatory Policies Act of 1978 (as amended by the Energy Independence and Security Act of 2007),” I hereby serve upon the aforementioned party this Request for Information, as follows:

1. My name is ______________________________. I am serving this Request for Information on (circle one):

If this Request for Information is being served on behalf of another, I certify that I am an authorized representative of said person, duly empowered to submit this Notice of Intervention, to represent said person in connection with the PURPA proceeding to which this Request for Information relates, and to make decisions for such person relating to such proceeding.

2. The address of the person on whose behalf this Request for Information is being submitted, is:

3. I request copies of the following information (listed by item or category) in the aforementioned party’s possession, custody and control (submit additional sheets if necessary):

______________________________________________________________________________

______________________________________________________________________________

4. The purpose(s) for which I request the foregoing information is/are (submit additional sheets if necessary):

5. The information requested and the purpose(s) for which it is sought are relevant to the following PURPA standards (check all that apply):

6. The person on whose behalf this Request for Information is being served is, qualified to intervene and participate in the PURPA proceeding to which this Request for Information relates by virtue of being (check one):

If B. or C., identify the affected electric utility: _________________________________.

If a member of Okefenoke Rural EMC, please provide account number: _________________.

7. The person on whose behalf this Request for Information is being served has, filed a timely Notice of Intervention pursuant to Rule 4 of the aforementioned “Rules for Conducting Proceedings Required by the Public Utility Regulatory Policies Act of 1978 (as amended by the Energy Independence and Security Act of 2007),” and plan(s) to intervene and participate in Okefenoke Rural EMC’s PURPA hearing.

9. I understand that this Request for Information may be denied if the information sought:

10. The information requested will not be used for any illegal or dishonest purpose, or for any purpose other than that specified above.

11. I agree and acknowledge that the party from whom the information is requested will rely on the representations contained in this document in deciding whether to produce such information.

12. I AGREE AND ACKNOLWEDGE THAT THE USE OF THE REQUESTED INFORMATION IN VIOLATION OF THE REPRESENTATIONS CONTAINED IN THIS DOCUMENT WILL CAUSE IRREPARABLE INJURY, WITHOUT ADEQUATE REMEDY AT LAW, TO THE PERSON SUPPLYING SUCH INFORMATION, AND THAT SUCH PERSON MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST ME (AND/OR THE PERSON ON WHOSE BEHALF THIS REQUEST FOR INFORMATION IS BEING SERVED) TO PREVENT THE INFORMATION FROM BEING USED IN SUCH MANNER.

13. I agree to reimburse the party from whom the information is requested for copying charges and employee time beyond fifteen minutes required to retrieve, compile and copy the information requested. Copying charges shall be assessed at the rate of $0.25 per page. Charges for employee time shall be based on the rate of pay for the lowest paid employee authorized to retrieve, compile and copy the information requested.

Personally appeared before me, an officer duly authorized to administer oaths, ____________________, who states under oath that he/she is the person or authorized representative of the person submitting the foregoing Request for Information and that the facts and representations contained within said Request for Information are true and correct to the best of his or her knowledge and belief.

In accordance with Rule 7 of Okefenoke Rural EMC’s “Rules for Conducting Proceedings Required by the Public Utility Regulatory Policies Act of 1978 (as amended by the Energy Independence and Security Act of 2007),” I hereby submit this Application for Compensation, certifying and representing as follows:

1. My name is ______________________________. I am submitting this Application for Compensation on (circle one):

If this Application for Compensation is being submitted on behalf of another, I certify that I am an authorized representative of said person, duly empowered to submit this Application for Compensation, to represent said person in connection with the PURPA proceeding to which this Application for Compensation relates, and to make decisions for such person relating to such proceeding.

2. The address of the person on whose behalf this Application for Compensation is being submitted, is:

3. The person on whose behalf this Application for Compensation is being submitted is, qualified to intervene and participate in the PURPA proceeding to which this Application for Compensation relates by virtue of being (check one):

If B. or C., identify the affected electric utility: _________________________________.

If a member of Okefenoke Rural EMC, please provide account number: _________________.

4. The person on whose behalf this Application for Compensation is being submitted has, filed a timely Notice of Intervention pursuant to Rule 4 of the aforementioned “Rules for Conducting Proceedings Required by the Public Utility Regulatory Policies Act of 1978 (as amended by the Energy Independence and Security Act of 2007),” and plan(s) to intervene and participate in Okefenoke Rural EMC’s PURPA hearing.

6. The person on whose behalf this Application for Compensation is being submitted has or represents an interest that would not otherwise be represented adequately in Okefenoke Rural EMC’s PURPA hearing, as shown by the following facts (submit additional sheets if necessary):

7. The person on whose behalf this Application for Compensation is being submitted has or represents an interest the representation of which is necessary for a fair determination in Okefenoke Rural EMC’s PURPA hearing, as shown by the following facts (submit additional sheets if necessary):

8. The person on whose behalf this Application for Compensation is being submitted represents an interest that is unable to participate effectively in Okefenoke Rural EMC’s PURPA hearing because said person cannot afford to pay reasonable attorney’s fees, expert witness fees, and other reasonable costs of preparing for and participating in the hearing, as shown by the following facts (submit additional sheets if necessary):

10. I understand that any award is contingent on the approval, in whole or in part, of the position advocated by me in the hearing, as well as on the Board determining, in its discretion, that I substantially contributed to such approval.

11. The amount of compensation requested is: $___________________________________.

12. The above amount is based on the actual or reasonably anticipated fees and costs incurred by me (or the person on whose behalf this Application for Compensation is being submitted) in preparing for and participating in Okefenoke Rural EMC’s PURPA proceeding, as shown by the following facts (submit additional sheets if necessary):

A. The number of hours reasonably expended or anticipated to be expended by my attorney is set forth below. I certify that “hours reasonably expended or anticipated to be expended” means only that time reasonably necessary for the preparation of and participation in the hearing, and that hours deemed to be excessive, redundant or otherwise unnecessary will not be included in any compensation awarded.

B. The reasonable hourly rate of my attorney is set forth below. I certify that “reasonable hourly rate” means the prevailing market rate in the relevant legal community for similar services by lawyers of comparable skills, experience and reputation.

C. The number of hours reasonably expended or anticipated to be expended by my expert witness is set forth below. I certify that “hours reasonably expended or anticipated to be expended” means only that time reasonably necessary for the preparation of and participation in the hearing, and that hours deemed to be excessive, redundant or otherwise unnecessary will not be included in any compensation awarded.

D. The reasonable hourly rate of my expert witness is set forth below. I certify that “reasonable hourly rate” means the prevailing market rate in the relevant expert community for similar services by experts of comparable skills, experience and reputation.

E. Other facts relevant to the amount of compensation requested (e.g., identity of attorney or expert; facts bearing on the skill, experience and reputation of my attorney or expert witness; facts bearing on the relevant legal or expert community; etc.) (submit additional sheets if necessary):

Personally appeared before me, an officer duly authorized to administer oaths, ____________________, who states under oath that he/she is the person or authorized representative of the person submitting the foregoing Application for Compensation and that the facts and representations contained within said Application for Compensation are true and correct to the best of his or her knowledge and belief.

In accordance with Rule 16 of Okefenoke Rural EMC’s “Rules for Conducting Proceedings Required by the Public Utility Regulatory Policies Act of 1978 (as amended by the Energy Independence and Security Act of 2007),” I hereby submit this Application for Transcript, certifying and representing as follows:

1. My name is ______________________________. I am submitting this Application for Transcript on (circle one):

If this Application for Transcript is being submitted on behalf of another, I certify that I am an authorized representative of said person, duly empowered to submit this Application for Transcript, to represent said person in connection with the PURPA proceeding to which this Application for Transcript relates, and to make decisions for such person relating to such proceeding.

2. My address, or (if different) the address of the person on whose behalf this Application for Transcript is being submitted, is:

3. The person on whose behalf this Application for Transcript is being submitted, filed a timely Notice of Intervention pursuant to Rule 4 of the aforementioned “Rules for Conducting Proceedings Required by the Public Utility Regulatory Policies Act of 1978 (as amended by the Energy Independence and Security Act of 2007),” and was present at, and entered as a formal party of record in, the PURPA hearing to which this Application for Transcript relates.

5. I agree to reimburse Okefenoke Rural EMC for the cost of reproducing the transcript. I understand that Okefenoke Rural EMC, upon receipt of this Application for Transcript, will notify me that the application has been received, inform me of the cost of reproduction, and instruct me as to how I may make payment of such cost to Okefenoke Rural EMC. I agree to make such payment in advance of receiving the transcript.

Personally appeared before me, an officer duly authorized to administer oaths, ____________________, who states under oath that he/she is the person or authorized representative of the person submitting the foregoing Application for Transcript and that the facts and representations contained within said Application for Transcript are true and correct to the best of his or her knowledge and belief.

Please note: The Moderator may limit the duration of each speaker’s presentation.

(Please use a second line to provide the following information: the standard(s) of interest, whether you wish to make a statement of record, and if so, the estimated time required for your statement.)

Please note: The Moderator may limit the duration of each speaker’s presentation.

Okefenoke Rural EMC’s Board of Directors (the “Board”) will consider all Applications for Compensation in accordance with Rule 7. This checklist is designed to assist Okefenoke Rural EMC personnel in determining whether an Application for Compensation conforms to all the objective requirements set forth in Rule 7, and, therefore, meets all criteria necessary for submission to the Board. It is also designed to assist the Board in ruling on Applications for Compensation.

1. Was the Application for Compensation submitted by a “Formal Party” (as defined in Rule 4)?

3. If the Application for Compensation was submitted on Okefenoke Rural EMC’s pre-approval form, were all material provisions of the form completed? If the Application for Compensation was not submitted on Okefenoke Rural EMC’s pre-approved form, does the Application contain all of the information required by Rule 7(b)?

The Board must rule on each Application for Compensation not later than thirty (30) days after the Board finalizes its written determination on the matters considered at the Hearing. In making its ruling, the Board should consider:

1. whether the interest advanced by the applicant was not otherwise represented adequately; and

2. whether the interest advanced by the applicant was necessary for the Board to reach a fair determination; and

3. whether the applicant would have been unable to participate effectively in the proceeding because the applicant cannot afford to pay reasonable attorneys’ fees, expert witness fees, and other reasonable costs of preparing for and participating in the proceeding. Applications meeting each of these criteria should be reviewed to determine a reasonable and appropriate level of compensation pursuant to Rule 7(b)(4), not to exceed Five Hundred Dollars ($500.00).