(a) Applicability. This section applies to all pleadings as defined in §22.2 of this title (relating to Definitions) and the following documents:
  (1) All documents filed relating to a rulemaking proceeding.
  (2) Applications.
  (3) Letters or memoranda relating to any item with a control number.
  (4) Reports required by PURA, commission rules or request of the commission.
  (5) Discovery requests and responses.
(b) File with the commission filing clerk. Except as provided in §22.72 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission), all pleadings and documents required to be filed with the commission shall be filed with the commission filing clerk, and shall state the control number on the heading, if known.
(c) Number of items to be filed. Unless otherwise provided by this chapter or ordered by the presiding officer, the number of copies to be filed, including the original, are as follows:
  (1) applications, petitions, and complaints: ten copies;
  (2) applications for expanded local calling: seven copies;
  (3) applications for certificates of operating authority (COAs) or service provider certificates of operating authority (SPCOA), amendments to COA or SPCOA applications, and all pleadings or documents related to the applications for COAs or SPCOAs: seven copies;
  (4) applications for certification of retail electric providers or for registration of power generation companies, self-generators or aggregators: seven copies;
  (5) tariffs:
    (A) for review under §22.33 of this title (relating to Tariff Filings), including discovery responses for tariffs filed under §22.33 of this title: six copies;
    (B) related to docketed proceedings: ten copies;
    (C) related to discovery responses in docketed proceedings: four copies; and
    (D) filed by a water supply or sewer service corporation under §24.21 of this title (relating to Form and Filing of Tariffs): two copies;
  (6) exceptions, replies, interim appeals, requests for oral argument, and other documents addressed to the commissioners: 19 copies;
  (7) testimony and briefs: 11 copies, except that in contested cases transferred to the State Office of Administrative Hearings, parties must file 13 copies of testimony and briefs;
  (8) rate, fuel factor, and fuel reconciliation filing packages: 11 copies;
  (9) applications for certificates of convenience and necessity, amendments to certificates of convenience and necessity (including petitions for decertification), and service area exceptions: seven copies;
  (10) discovery requests: five copies;
  (11) discovery responses: four copies;
  (12) reports required by PURA, the TWC, or the commission’s Substantive Rules: four copies;
  (13) comments to proposed rulemakings: 16 copies; and
  (14) other pleadings and documents: ten copies, except that in contested cases transferred to SOAH, parties must file 12 copies of other pleadings and documents.
(d) Confidential material:
  (1) A party providing materials designated as confidential shall deliver them to Central Records in an enclosed, sealed and labeled envelope (the confidential envelope). The confidential envelope shall not include any non-confidential materials unless directly related to and essential for clarity of the confidential material. Each copy of confidential material shall be provided in a separate sealed and labeled envelope. Parties shall notify the Central Records filing clerk at the time of submission of any documents to be file-stamped whether the submission includes any confidential material. If the confidential envelope does not meet the requirements of subparagraph (A)(i)-(vii) of this paragraph, both the confidential envelope and any document directly related to the confidential material will be immediately returned to the submitting party without being filed-stamped. If the confidential envelope meets the requirements of subparagraph (A)(i)-(vii) of this paragraph, Central Records shall accept it. No submitting party shall deliver any confidential materials directly to commission staff. Confidential documents related to settlement negotiations shall be submitted in conformance with paragraph (4) of this subsection. Confidential documents submitted for in camera review shall be submitted in conformance with paragraph (5) of this subsection.
    (A) The confidential envelope shall contain confidential material related only to a single proceeding. All confidential material, including that submitted in diskette or CD-ROM format, shall be provided in a 10 X 13 inch manila clasp envelope. A larger envelope shall be permitted only when necessary as a result of the document’s size as detailed in §22.72(b)(2) of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission). All envelopes shall be identified with a label containing the information required in clauses (i)-(viii) of this subparagraph:
      (i) the word "CONFIDENTIAL" in bold print and all capitals at least one-half inch in size;
      (ii) the control number, if available;
      (iii) the style of the proceeding;
      (iv) the name of the submitting party;
      (v) Brief description of contents, i.e., Response to (Name of RFI requestor)’s First RFI No. 1-1;
      (vi) Bate Stamped or consecutive page number range of documents enclosed;
      (vii) Number and quantity of envelopes: If the confidential material fits into one envelope, each copy would be marked one of one. If the confidential material requires two envelopes, each copy would be marked one of two and two of two; and
      (viii) any other markings as required by the individual protective orders in each proceeding.
    (B) The submitting party’s label shall substantially conform to the following form, with changes as necessary to comply with any individual protective order applicable to the proceeding, and shall be securely taped or adhered only to the front of the confidential envelope:
Attached Graphic
    (C) The confidential materials shall:
      (i) have each page of the confidential material marked confidential or as required by the individual protective orders in each proceeding;
      (ii) meet the requirements of §22.72(g) of this title;
      (iii) have each page, including any cover letters or divider pages, sequentially numbered and the sequential numbers shall be easily distinguishable from any other numbering the submitting party uses for internal purposes;
      (iv) be stapled or secured in a pressboard letter folder or binder, and not loose, rubber banded, paper clipped or in a three-ring binder.
    (D) Unless otherwise provided by this chapter or the presiding officer, confidential material submitted as evidence at hearings shall follow the procedures set forth in this paragraph.
  (2) Unless otherwise provided by this chapter or order of the presiding officer the number of copies of confidential material delivered to the commission shall be as follows:
    (A) related to arbitrations: two copies;
    (B) related to discovery: two copies;
    (C) related to contested cases transferred to the SOAH: two copies to Central Records and one copy delivered directly to SOAH;
    (D) related to any other proceeding: two copies; and
    (E) related to request for proposal for goods and/or services: one copy
  (3) Unless otherwise provided by this chapter or order of the presiding officer, all confidential material shall be delivered to Central Records. All commission employees receiving confidential materials through Central Records, or otherwise handling or routing confidential materials for any purpose, shall sign an agreement not to open any sealed containers marked as confidential under paragraph (1) of this subsection. Confidential materials shall not be filed with the commission electronically unless specific arrangements are made and agreed to by the parties involved on a case-by-case basis.
    (A) Materials related to arbitrations. Central Records will maintain one file copy that is not accessible to the public or commission staff and one copy that may be viewed by parties who have signed an agreement to abide by the protective order in the proceeding. The party who provides the confidential material must deliver one copy of confidential materials not related to discovery to the commission’s arbitrators assigned to the matter.
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