Section 460.2706. Request for a contested case hearing.

(1) After completing the procedures described in R 460.2702 to R 460.2705, if a complainant of a utility claims to have animals that have experienced behavior or production problems due to animal contact current caused by a utility's distribution system, then the complainant may file a formal complaint and request a contested case hearing before the commission to resolve the dispute. In accordance with the rules and procedures for contested   cases,  the  commission   shall  consider  facts and  evidence to determine the following:

(a)       Whether the utility's supply of electricity or electrical service is causing animal contact voltage or  current  of  sufficient  magnitude   and duration to result in behavior or production problems.

(b)       Whether the utility has taken reasonable steps to avoid or mitigate any animal contact current.

(c)         Whether the claims or defenses are supported by valid scientific research and prevailing scientific opinion.

(d)      Other findings the Commission deems necessary and relevant.

(2)       If a decision is favorable to the complainant, then the  utility shall determine the manner and nature of any necessary modifications or corrections to its facilities, as approved by the commission.

(3)       If a decision is favorable to the utility, then further action by the utility is not required.

History: 2007 AACS.