TITLE 16. ECONOMIC REGULATION

PART 2. PUBLIC UTILITY COMMISSION OF TEXAS

CHAPTER 22. PROCEDURAL RULES

SUBCHAPTER E. PLEADINGS AND OTHER DOCUMENTS

The Public Utility Commission of Texas (commission) proposes the repeal of 16 Texas Administrative Code (TAC) §22.71, relating to Filing of Pleadings, Documents, and Other Materials and 16 TAC §22.72, relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission and proposes new 16 TAC §22.71, relating to Commission Filing Requirements and Procedures and new 16 TAC §22.72, Form Requirements for Documents Filed with the Commission. The commission also proposes a confidential-filing memorandum as a new commission-prescribed form that will be required for completion and inclusion when a party seeks to file an item confidentially with the commission. The proposed new confidential-filing memorandum will be included as a figure in 16 TAC §22.71(j)(2)(E).

The proposed rules will modernize the filing processes and procedures for matters before the commission. Proposed new 16 TAC §22.71 overhauls the commission's filing procedures by formally authorizing the electronic filing of documents with the commission using the commission filing system. Proposed new 16 TAC §22.71 generally removes the requirement to file multiple physical copies of document, except in certain circumstances. Specifically, proposed new 16 TAC §22.71 preserves physical filing as a method of filing, updates the physical filing standards, and establishes physical filing requirements for maps; applications and notices of intent in electric base rate proceedings; and applications for new or amended electric, water, or sewer certificates of necessity. Proposed new 16 TAC §22.71 also authorizes an employee of the commission or the presiding officer to request a physical copy of any filing. Proposed new 16 TAC §22.71 provides criteria for the rejection of filings by the commission's Central Records division that are incomplete, illegible, missing identifying information, or, as applicable, do not comply with the requirements for confidential filings. Proposed new 16 TAC §22.71 also establishes new procedures for filing items confidentially. Specifically, when a person seeks to file an item confidentially with the commission, the person must publicly file a redacted copy of the item and a fully completed confidential-filing memorandum to identify the pages that are confidential and justify the claim to confidentiality and confidentially file an unredacted version of the item. Additionally, proposed new 16 TAC §22.71 also establishes a process for challenging a confidential-filing designation by another party to the case or by the presiding officer. Proposed new 16 TAC §22.72 updates the formatting requirements and guidelines for electronic and physical items filed with the commission and includes procedures for filing external storage devices for digital media (such as a CD, DVD, or USB), handwritten documents, and maps and GIS data. Proposed new 16 TAC §22.72 also updates the page limit and signature requirements for filings, and also adds a new requirement for a party to provide evidence of service with a filing.

Growth Impact Statement

The agency provides the following governmental growth impact statement for the proposed rule, as required by Texas Government Code §2001.0221. The agency has determined that for each year of the first five years that the proposed rules are in effect, the following statements will apply:

(1) the proposed rules will not create a government program and will not eliminate a government program;

(2) implementation of the proposed rules will not require the creation of new employee positions and will not require the elimination of existing employee positions;

(3) implementation of the proposed rules will not require an increase and will not require a decrease in future legislative appropriations to the agency;

(4) the proposed rules will not require an increase and will not require a decrease in fees paid to the agency;

(5) the proposed rules will create new regulations;

(6) the proposed rules will expand, limit, or repeal existing regulations;

(7) the proposed rules will not change the number of individuals subject to the rule's applicability; and

(8) the proposed rules will not affect this state's economy.

Fiscal Impact on Small and Micro-Businesses and Rural Communities

There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities as a result of implementing the proposed rule. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).

Takings Impact Analysis

The commission has determined that the proposed rules will not be a taking of private property as defined in chapter 2007 of the Texas Government Code.

Fiscal Impact on State and Local Government

David Smeltzer, Division Director, Rules and Projects has determined that for the first five-year period the proposed rules are in effect, there will be no fiscal implications for the state or for units of local government under Texas Government Code §2001.024(a)(4) as a result of enforcing or administering the sections.

Public Benefits

Mr. Smeltzer has determined that for each year of the first five years the proposed sections are in effect the public benefit anticipated as a result of enforcing the sections will be more efficient practices for filing and processing documents for matters before the commission. There will not be any probable economic costs to persons required to comply with the rules under Texas Government Code §2001.024(a)(5).

Local Employment Impact Statement

For each year of the first five years the proposed sections are in effect, there should be no effect on a local economy; therefore, no local employment impact statement is required under Texas Government Code §2001.022.

Costs to Regulated Persons

Texas Government Code §2001.0045(b) does not apply to this rulemaking because the commission is expressly excluded under subsection §2001.0045(c)(7).

Public Hearing

The commission will conduct a public hearing on this rulemaking if requested in accordance with Texas Government Code §2001.029. The request for a public hearing must be received by June 18, 2025. If a request for public hearing is received, commission staff will file in this project a notice of hearing.

Public Comments

Interested persons may file comments electronically through the interchange on the commission's website. Initial comments must be filed by June 18, 2025. Reply comments must be filed by July 2, 2025. Comments should be organized in a manner consistent with the organization of the proposed rules. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the proposed rule. The commission will consider the costs and benefits in deciding whether to modify the proposed rules on adoption. All comments should refer to Project Number 52059.

Each set of comments should include a standalone executive summary as the last page of the filing. This executive summary must be clearly labeled with the submitting entity's name and should include a bulleted list covering each substantive recommendation made in the comments.

16 TAC §22.71, §22.72

Statutory Authority

The repeals are proposed under the Public Utility Regulatory Act, Texas Utilities Code (PURA) §14.002 and §14.052 under the Texas Water Code §13.041(b) which provide the commission with the authority to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure before the commission.

Cross Reference to Statutes: Public Utility Regulatory Act §14.002 and §14.052 and Texas Water Code §13.041(b).

§ 22.71. Filing of Pleadings, Documents, and Other Materials.

§ 22.72. Formal Requisites of Pleadings and Documents to be Filed with the Commission.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 8, 2025.

TRD-202501582

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 936-7322

16 TAC §22.71, §22.72

Statutory Authority

The new sections are proposed under the Public Utility Regulatory Act, Texas Utilities Code (PURA) §14.002 and §14.052 under the Texas Water Code §13.041(b) which provide the commission with the authority to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure before the commission.

Cross Reference to Statutes: Public Utility Regulatory Act §14.002 and §14.052 and Texas Water Code §13.041(b).

§ 22.71. Commission Filing Requirements and Procedures.

(a) Scope. The following items must be filed with the commission using the commission filing system.

(1) Pleadings, as defined under §22.2 of this title (relating to Definitions);

(2) All documents relating to a rulemaking proceeding;

(3) Registrations, certifications, or reports required by statute or rule to be submitted to the commission with an associated control number and for which no alternative means of submission, such as a database, have been provided by the commission;

(4) Letters, memoranda, or other documents relating to any proceeding with a control number;

(5) Maps, geographic information system (GIS) data, or other visual information such as charts, photographs, or illustrations;

(6) Any document included as part of the record in all matters or proceedings for which a control number has been assigned, including protective orders and protective order certifications; and

(7) Any other item required to be filed by statute or commission rule for which no alternative means of submission, such as a database, have been provided by the commission.

(b) Definition. When used in this section, the term "commission filing system" means the electronic filing system maintained for the archiving and organization of items and materials received by the commission.

(1) Unless otherwise required by commission rule, statute, or ordered by the presiding officer, all items required to be filed with the commission using the commission filing system, including confidential filings, may be filed electronically or physically.

(2) Unless otherwise required by commission rule, statute, or ordered by the presiding officer, all items required to be filed with the commission using the commission filing system, including confidential filings, will be posted on the commission filing system.

(d) Special filing requirements.

(1) Notwithstanding any other provision of this title, the following types of items must be filed in the manner specified below:

(A) Letters of Credit. A copy of an original letter of credit must be filed electronically, unless otherwise required by commission staff or a presiding officer. An employee of the commission or a presiding officer may require the original or one or more copies of the original letter of credit to be physically filed.

(B) Maps. A map must be electronically filed in the original scale (not scanned, reduced or enlarged original) PDF format. If a map is physically filed, it must be filed in its original scale.

(i) A filing party must make a physical copy of a map available to an employee of the commission or a presiding officer upon request.

(ii) An applicant initiating a proceeding under §25.101 of this title (relating to Certification Criteria) must provide to Central Records six physical copies of any maps filed electronically in the proceeding. This requirement is in addition to the two physical copies required under paragraph (2) of this subsection, as applicable.

(iii) An employee of the commission or a presiding officer may require additional copies of any map to be physically filed.

(C) GIS data. GIS data used to create maps under subparagraph (B) of this paragraph must be electronically filed in its native format and be capable of being used and analyzed by commission staff. GIS data includes any additional information, materials, or documents required for accurate interpretation of a map.

(2) The following types of items must be electronically filed, and the filer must also physically file two copies with the commission:

(A) Applications and notices of intent in electric base rate proceedings; and

(B) Applications for new or amended electric, water, or sewer certificates of convenience and necessity, including any maps.

(3) An employee of the commission or a presiding officer may require a filer to provide physical copies of a filing.

(e) Receipt by the commission and filing deadline. Items filed with the commission will be processed by Central Records or the commission filing system.

(1) Central Records may reject a filing if the filing does not contain information necessary for accurate filing, including if the filing:

(A) is blank, illegible, or missing pages in whole or in part;

(B) does not contain minimally necessary identifying information such as the control number or the filer's complete contact information; or

(2) Upon receipt of an item by physical filing, Central Records will date stamp the item, place the item in the relevant control number associated with the matter, and assign the item an item number in accordance with the order the filing was received.

(3) Upon receipt of an item by electronic filing, the commission filing system will process the item, place the item in the relevant control number associated with the matter and assign the item an item number in accordance with the order the filing was received.

(4) An item date-stamped before or at 5:00:00 p.m. on a working day will be deemed filed on that day. An item date-stamped after 5:00:00 p.m. on a working day will be deemed filed on the next working day. An item date-stamped at any time on a day that is not a working day will be deemed filed on the next working day.

(5) The filer is responsible for any delay, disruption, or interruption of mail, courier service, Internet, or electronic signals.

(f) No filing fee. No filing fee is required to file an item with the commission.

(g) Availability of Central Records.

(1) Physical Filings. The commission filing system will be available for physical filings only during hours when Central Records is open, as specified by paragraph (2) of this subsection.

(2) Hours.

(A) The office hours of Central Records are from 9:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m., Monday through Friday, on working days, except on open meeting days, the working day immediately preceding an open meeting day, and emergencies or days with inclement weather.

(B) On open meeting days and the working day immediately preceding an open meeting day, Central Records will be open from 8:00 a.m. to 5:00 p.m. However, only commissioners, commission counsel, and the commission employees in the Office of Policy and Docket Management (OPDM) will be allowed to physically file items between the hours of 8:00 a.m. and 9:00 a.m. and 12 noon to 1:00 p.m. on those days.

(3) Commission filing system. The commission filing system will be available for electronic filing 24 hours a day, seven days a week, unless taken down for maintenance, emergency, loss of connectivity, or as otherwise determined by Central Records.

(h) Availability of items filed with the commission.

(1) An electronic filing will be available for access once accepted and processed by the commission filing system. Once processed, a written receipt will be automatically generated and electronically sent to the filing party identifying the date and time the filing was accepted by the commission's filing system.

(2) A physical filing will be available for access on the commission filing system once processed by Central Records.

(3) A physical filing, request for a new control number, or an item designated as confidential might not be processed or appear on the commission filing system until the next working day after the filing is processed by Central Records.

(4) If an item is filed electronically, when the item becomes available on the commission filing system, email notification will be sent to the filing party. If the item does not appear on the commission filing system, the filer is responsible for notifying Central Records to correct the filing.

(5) A filer may void a filing, including a confidential filing under subjection (j) of this section.

(A) The request must identify the filing with enough precision for Central Records to identify the correct filing.

(B) Items may only be voided by the filer that originally filed that item, or by someone who is authorized to request the filing be voided on behalf of the original filer.

(C) Central Records will remove the voided item from the commission filing system. The filing party may re-file the item in accordance with this section.

(i) Filing deadlines for open meeting documents addressed to the commissioners.

(1) Except as provided in paragraph (2) of this subsection, all documents addressed to the commissioners and concerning an item that has been placed on an agenda for an open meeting must be filed no later than seven days prior to the open meeting at which the matter will be considered. Documents that are not timely filed will be considered untimely. The commissioners may review untimely filed documents at their discretion.

(2) The deadline established in paragraph (1) of this subsection does not apply if:

(A) The documents have been specifically requested by one or more of the commissioners at a time that makes it impossible for the filer to meet the deadlines under paragraph (1) of this subsection; or

(B) The parties are negotiating and such negotiation requires the late filing of materials reporting on the negotiation.

(j) Confidential material filed with the commission. An item filed in a commission proceeding is public and available for viewing by the public unless the item is designated as confidential in accordance with this subsection. To designate an item as confidential, a party must comply with the requirements of this subsection, unless otherwise ordered by the presiding officer.

(1) Electronic and physical filing of confidential items. Electronically and physically filed items may be designated as confidential in the manner described by this subsection.

(2) Confidential-filing requirements.

(A) A filer submitting an item designated as confidential must separately file the following documents and comply with any individual protective order governing the access and handling of confidential materials that is applicable to the proceeding:

(i) a fully completed confidential-filing memorandum as specified in subparagraphs (D) and (E) of this paragraph accompanied by a redacted copy of the original item for public filing; and

(ii) an unredacted copy of the original item for confidential filing.

(B) Central Records may reject a confidential filing that does not include the documents described under subparagraph (A) of this paragraph. Central Records will notify the filer of the rejection through electronic mail if reasonably practicable. It is the filer's responsibility to check the control number to verify that its confidential filing was accepted and to contact Central Records for any necessary corrections.

(C) A redacted copy of a confidential filing must be redacted only to the minimum extent necessary to ensure confidentiality.

(D) For each filing designated as confidential, the filer must include the following information in a confidential-filing memorandum under subparagraph (E) of this paragraph. To be deemed fully completed, a confidential-filing memorandum must provide or include the following:

(i) Plainly state the reasons for the confidential designation;

(ii) Plainly state the legal support for the confidential designation, if applicable;

(iii) The specific pages or portions of pages of the filing that are confidential and have been redacted;

(iv) Any identifying information required by the confidential-filing memorandum in subparagraph (E) of this paragraph regarding the filer, the proceeding (such as the control number), or confidential filing.

(v) Any additional information required by the protective order in effect in the applicable proceeding or that may otherwise be required by the presiding officer via written order; and

(vi) An acknowledgement that the confidential status of the filing is subject to revocation by the presiding officer.

(E) Confidential-filing memorandum.

Figure: 16 TAC §22.71(j)(2)(E) (.pdf)

(F) Physical filing. In addition to the requirements of subparagraphs (A) through (E) of this paragraph, a filer must also comply with the requirements of this subparagraph to designate an item filed physically as confidential. The filer must deliver the confidential item to Central Records in a sealed and labeled envelope (the confidential envelope). The confidential envelope must not include non-confidential documents unless directly related to and essential for clarity of the confidential document.

(i) All physically filed confidential material must be provided in a 10 x 13-inch manila clasp envelope. Larger envelopes or multiple envelopes are permitted only when necessary due to the material's size or volume. If multiple envelopes are necessary, each envelope must be sequentially numbered and indicate the total number of envelopes for the filing (e.g., 1 of 3).

(ii) The completed confidential-filing memorandum required under subparagraph (E) of this paragraph must be securely taped or adhered to the front of the confidential envelope.

(iii) In addition to paragraph (2)(A) of this subsection, if the item is not submitted in a confidential envelope in accordance with this subparagraph, Central Records will not designate the item as confidential, and the item will be rejected. The item may be re-filed in accordance with this section.

(iv) A physical filing designated as confidential that has been rejected by Central Records will be returned to the filer if practicable or otherwise securely disposed of in the manner described by paragraph (8) of this subsection.

(G) Electronic filing. In addition to the requirements of subparagraphs (A) through (E) of this paragraph, to designate an item filed electronically as confidential, the filer must indicate that the item is to be filed confidentially in the manner provided by the commission filing system.

(3) Challenge of confidentiality designation. The confidential designation of any filing may be challenged by any party via motion or by the presiding officer via order. A challenge to a confidential designation must specifically indicate the basis of the challenge and the portions of the filing that should not be confidential.

(A) If a confidential designation is challenged, the filing party has the burden of showing that the item should remain confidential. The filing party must respond to a motion challenging the confidentiality of a filing within five days of the motion, or within the time period specified by the presiding officer.

(B) If the presiding officer determines that a confidential designation under this section is appropriate, the presiding officer will issue an order and allow the filing to remain confidential on the commission filing system.

(C) The presiding officer will issue an order if the presiding officer determines that a confidential designation under this section is not appropriate. After such an order is issued, the filing party must submit a request to Central Records to void the filing and include a copy of the order. Upon receipt of such a request, Central Records will remove the voided item from the commission filing system. The filing party may re-file the item in accordance with this section and the order of the presiding officer.

(4) Posting of confidential information on the commission filing system. A document designated as confidential will be posted to the commission filing system in the manner described by this paragraph.

(A) The completed confidential-filing memorandum required under paragraphs (2)(D) and (E) of this subsection and the redacted version of the confidential filing will be posted publicly on the commission filing system as a single filing.

(B) The unredacted version of the item will be posted confidentially on the commission filing system and will only be accessible by the persons listed under paragraph (6) of this subsection.

(5) Confidential re-filing of voided items. The filing party may re-file an item confidentially in accordance with this subsection after submitting a request to void a filing under subsection (h)(5) of this section.

(6) Access to confidential information. Access to confidential filings is limited to persons that meet the criteria of this paragraph, as applicable. Disclosure of confidential information is subject to the ex parte requirements of this subtitle:

(A) A commissioner, commission employee in OPDM, or an employee in a commissioner's office may access confidential filings in any proceeding if the commissioner or employee completes, signs, and submits to Central Records an Employee Statement Regarding Non-Disclosure of Confidential Information (the confidential access form). Once the commissioner or employee has done so, he or she may access confidential filings in any proceeding before the commission. A commissioner, a commission employee in OPDM, or an employee in a commissioner's office may only disclose confidential information contained in such filings to a commissioner or other employee in OPDM or a commissioner's office who has also completed, signed, and submitted to Central Records the confidential access form and only if the disclosure does not violate Texas Government Code Chapter 551 (the Texas Open Meetings Act).

(B) A commission employee in Central Records or Information Technology may access confidential filings for clerical and administrative tasks necessary to ensure the proper maintenance and functioning of the commission filing system including the correction or removal of filings or actions otherwise directed by the presiding officer in a specific proceeding.

(C) To access confidential filings filed with the commission in a specific proceeding, a party to a proceeding not covered by subparagraph (A) or (B) of this paragraph must complete, sign, and file in the proceeding a protective order certification. The certification must comply with the protective order entered by the presiding officer in that proceeding. The protective order certification is no longer valid after the commission's plenary jurisdiction over the proceeding has expired.

(7) Public information. Designation of a document as confidential in a commission proceeding under this subsection is not determinative of whether that document would be subject to disclosure under the Texas Public Information Act, the Texas Open Meetings Act, or other applicable law.

(8) Records retention. Unless otherwise specified by this section, a confidential document in the possession of Central Records will be maintained and destroyed as required by the commission's Records Retention Schedule as approved by the Texas State Library and Archives Commission. A confidential document in the possession of parties to a proceeding must be maintained, destroyed, or returned to the providing party in the manner prescribed by the protective order adopted in that proceeding.

(9) In camera inspection. A document presented for in camera inspection solely for the purpose of obtaining a ruling on its discoverability or admissibility must not be filed as a confidential document under this paragraph but must be submitted in the manner specified under §22.144 (relating to Requests for Information and Requests for Admission of Facts).

§ 22.72. Form Requirements for Documents Filed with the Commission.

(a) Applicability. This section applies to all items required to be filed with the commission under §22.71 (related to Commission Filing Requirements and Procedures).

(1) Unless otherwise authorized or required by statute, the presiding officer, or commission rules, items filed with the commission must include in the item or specify on a cover sheet included with the item the following information:

(A) the style and control number of the proceeding for which the item is submitted, if available;

(B) a heading identifying the nature of the item submitted and the name of the party; and

(C) the signature of the party or the party's representative in accordance with subsection (f) of this section, if applicable.

(2) All items should be formatted for 8.5 x 11-inch paper except for any log, graph, map, drawing, or chart submitted as part of a filing if the content cannot be formatted legibly on 8.5 x 11-inch paper.

(3) The following apply to any submission of electronic material submitted on an external storage device for digital media (such as a CD, DVD, or USB).

(A) A party is prohibited from submitting electronic material on an external storage device for digital media, unless the request is authorized by Central Records in writing under subparagraph (B) of this paragraph.

(B) The procedure for filing an external storage device for digital media is as follows:

(i) The filer must demonstrate to Central Records via written correspondence that the material is unique and not ordinarily capable of being electronically or physically filed on the commission filing system. Central Records will review the written correspondence and make a determination regarding the request within a reasonable time period.

(ii) Upon authorization by Central Records, a party may submit one or more acceptable external storage devices for digital media to Central Records. Such devices must be physically delivered at a designated shipping or mailing commission address listed on the commission's website by mail, courier, or hand delivery to Central Records.

(C) Notwithstanding subparagraph (A) of this paragraph, the presiding officer may require a filer to provide one or more filings via external storage for digital media.

(D) Central Records will maintain a list of acceptable external storage devices for digital media on the commission website.

(d) Format and filing standards.

(1) The following format standards are applicable to all filings. All items filed with the commission should:

(A) be double-spaced or one and one-half times spaced with left and right margins not less than one inch wide, except that any letter, tariff filing, rate filing, or proposed findings of fact, conclusions of law, and ordering paragraphs may be single-spaced;

(B) indent and single-space any quotation which exceeds 50 words; and

(2) The following general standards are applicable to all filings.

(A) Any non-native figure, illustration, or object submitted with a filing must be filed as a referenced attachment in its native format.

(i) For purposes of this subsection, native format means the file type in which the item was created and is designed to function (such as .xls for Excel sheets or .doc/.docx for Word documents).

(ii) Non-native figures, illustrations, and objects include, but are not limited to, tables, graphs, charts, spreadsheets, illustrations, drawings and other objects that are not integrated into the text portions of a document.

(B) Each item that has five or more headings or five or more subheadings must have a table of contents that lists the major sections of the item, the page number for the start of each major section, and identifiers for each major section of the item. Discovery responses are exempt from this subparagraph.

(C) All pages of a filing, starting with the first page of the table of contents, must be consecutively numbered through the last page of the document, including any attachments.

(D) If a filing contains a barcode, the barcode must be covered or redacted.

(E) If a filing contains sensitive personal information of the filer or any other person, such as social security numbers, driver license numbers, or financial records, including account numbers, that sensitive personal information must be redacted.

(3) Handwritten documents must be legible and must comply with the requirements of paragraphs (2)(D) and (2)(E) of this subsection.

(e) Citation form. An item filed with the commission should comply with the commission's Citation and Style Guide. Any citations to law or other legal authority in an item filed with the commission should also comply with the Texas Rules of Form: The Greenbook (for Texas authorities), The Bluebook: A Uniform System of Citation (for all other authorities).

(f) Signature and other requirements. All filings must:

(1) be signed by the party or the party's authorized representative. If the person signing the pleading or document is a licensed attorney, the attorney's state of licensure and bar number must also be provided;

(2) include the contact information of the party or authorized representative of the party, consisting of the following:

(A) a physical mailing address;

(B) a telephone number;

(C) an email address, unless the party or the party's authorized representative has filed a statement under §22.106 of this title (relating to Statement of No Access).

(3) include the date the document was signed and the date the document was served on all the parties to the proceeding. Evidence of service must be presented in accordance with §22.74 of this title (relating to Service of Pleadings and Documents).

(g) Page limits. The commission, commission counsel, or the presiding officer may establish page limits for filings for contested cases. In establishing page limits, the commission, commission counsel, or the presiding officer may consider such factors as which party has the burden of proof and the extent of opposition to a party's position that would need to be addressed in the document. The commission or commission staff may establish page limits for filings in projects.

(h) Electronic filing standards. An electronically filed item must comply with the requirements of this subsection. Central Records will maintain a list of preferred electronic file formats on the commission's website.

(1) Electronic items must be filed in the native file format used to create and edit the file.

(2) Electronic items that are also filed in a portable document format (PDF) must be filed in a format that permits searches of text.

(3) Electronic filings with interactive content, such as a Microsoft Excel spreadsheet, must have active links and formulas that were used to create and manipulate the data in the filing. Links and formulas may include descriptive and technical metadata required for electronic records to maintain and retain reliability, including metadata necessary to adequately support the usability, authenticity, or integrity as well as the preservation of a record.

(4) If the filing cannot be uploaded, the filer must contact Central Records to determine an alternative means of filing.

(i) Physical filing standards. A physically filed item should comply with the requirements of this subsection. The requirements of this section do not apply to maps.

(1) Physical items should be printed on 8.5 by 11-inch paper or, if the content cannot be formatted legibly on letter-size paper, be folded to a size no larger than 8.5 by 11 inches; and

(2) Physical items should be printed on both sides of the paper or, if it cannot be printed on both sides of the paper, every page of the copy must be single sided.

(j) Maps and GIS data filing standards.

(1) Electronic and physical copies of maps and GIS data must be filed in accordance with §22.71 of this title.

(2) Commission staff will maintain on the commission's website:

(A) a list of acceptable file formats for maps and GIS data in accordance with subsection (h) of this section; and

(B) a procedure for filing physical maps, including oversized maps, that a filing party must comply with.