V. Closing the Application

Citizens requests that we keep this application open until such time as the audit can be completed. Consistent with the requirements of § 1701.5 (effective January 1, 2004), we must complete ratemaking proceedings within 18 months. Thus, we will close this application at this time, and require Citizens to file its future NRF review no later than 90 days after a final decision in R.01-09-001 and I.01-09-002. In addition, we will require ORA to file a report on the results of its audit therein.

Consistent with §§ 309.5, 314, 582, 583, 584, and 797 (among others), as well as D.01-08-062, we expect Citizens to fully cooperate with ORA and its consultants as they conduct the audit. Citizens is obligated to respond to ORA's data requests and those of its consultants. Citizens cannot refuse to respond to ORA's or its consultants' requests for information simply because Citizens considers these outside the scope of the audit. Pursuant to § 314, Citizens may not refuse to allow the Commission's staff or its consultants to inspect Citizens' records. Pursuant to § 309.5(e), ORA "may compel the production or disclosure of any information it deems necessary to perform its duties from the entities regulated by the commission provided that any objections to any request for information shall be decided in writing by the assigned commissioner or by the president of the commission if there is no assigned commissioner." With no open proceeding, these matters will be decided by the President's office. In addition, ORA may request resolution of discovery issues by the Assigned Commissioner, or the President of the Commission if there is no Assigned Commissioner.