Current through Register Vol. XLI, No. 38, September 20, 2024
Section 150-2-8 - Change of Rates on Application Without Proposed Effective Date. This Rule Does Not Apply to Exempt Muni/Power System, Municipal or Cooperative Utilities, LRR Public Service Districts, and Public Service Districts utilizing the Process under Tariff Rule 13.1 et seq8.1. A public utility desiring to modify, change, cancel or annul any of its rates, fares, classifications, charges, or rules and regulations, may file with the Commission its application and Tariff Form No. 2 as required by Tariff Rule 19.1, together with six (6) copies of the same, in the form prescribed by the Commission for that purpose. Such application shall set forth: die rates, charges, rules and regulations in effect; the proposed rates, charges, rules and regulations; if an increase or reduction in rates; proposed estimated annual effect on revenue; and the reason for the proposed change. The application shall be accompanied by the information prescribed by Tariff Rule 20.1 (Historical Rule 42). This rule does not apply to municipal or cooperative utilities. Exempt Muni/Power Systems, LRR Public Service Districts and Public Service Districts utilizing the process under Tariff Rule 13.1. et seq. 8.1.1. Within ten (10) days of filing its application the applicant shall give notice to its customers by; (i) posting a copy of its Tariff Form No. 8-A at the offices and places of business of the applicant in die territory affected thereby;(ii) publishing the first of two (2) publications of Tariff Form No. 8-A by Class II legal advertisement in a qualified newspaper of general circulation in each of the counties where service is provided;(iii) issuing a press release to a newspaper of general circulation in each county where service is provided and where its resale customers provide service, which contains the substance of Tariff Form No. 8-A;(iv) separately mailing Tariff Form No. 8-A to each of its resale customers, via certified mail, return receipt requested.8.1.1.a. In addition to (i) through (iv) above, within thirty (30) days of filing its application the applicant shall have completed the mailing of separate notices to each of its customers by one or a combination of the following methods; (a) inclusion of Tariff Form No. 8-A as a bill insert;(b) separately mailing Tariff Form No. 8-A; or(c) only for applicants that bill by postcard instead of in an envelope, and who elect not to separately mail Tariff Form No. 8-A, inclusion of a statement on a postcard billing as follows; "This utility is seeking a rate increase. Details available in newspaper publications or at the utility office after "[applicant to insert date application filed with Commission] by calling [applicant to insert utility office telephone number]."8.1.1.b. When not more than twenty (20) customers will be affected by a rate application proposed pursuant to Rule 8.1., none of tire foregoing notice requirements set forth in Tariff Rule 8.1.1. shall apply, and, it shall be sufficient if printed notice in die form of Tariff Form No. 8-A is mailed by the utility to each of its affected customers either as a bill insert or as a separate mailing. 8.1.2. A certificate of posting, publication and separate mailing in the form of Tariff Form No. 6 shall be filed with the Commission to tire effect that the posting, publication and separate mailing notice requirements of Tariff Rule 8.1.1. have been met.8.1.3. If die application is set for hearing die applicant shall give notice of the hearing in the form of Tariff Form No. 9 or, in an alternate form attached to a Commission order, by making publication once a week for two (2) successive weeks, die first publication to be made not more than thirty (30) days nor less than fifteen (15) days prior to the date of the hearing, unless otherwise ordered by the Commission, in a newspaper of general circulation in each of the counties in which service is provided.8.1.4. Unless otherwise ordered by the Commission, if notice was provided by newspaper publication, no rate change may become effective until the utility furnishes die Commission with a certificate of publication provided by the newspaper to die effect that Tariff Form No. 8-A has been published as required by this Rule. Unless otherwise ordered, certificates of publication regarding publication of Tariff Form No. 9 regarding notice of a hearing may be filed on die day of hearing.8.1.5. The utility shall file additional copies of its application and attachments upon request of the Commission's Executive Secretary.8.2. (Historical Rule 19-A). Optional Rate Procedure for Small Utilities.8.2.1. For the purpose of this section, a small utility shall be a utility with gross revenues less than $3,000,000 annually. Where a utility is affiliated with another utility, either through common ownership, management or otherwise, the total revenues of all the affiliates shall be considered. Where a utility is operating in more than one regulatory jurisdiction, the total revenues of all jurisdictions shall be considered. When a utility operates combined utility service, the total revenues of all services shall be considered.8.2.2. No application shall be processed for a utility that has not filed its most recent Annual Report as required by applicable Commission Rules. Annual Reports that have been found to be unacceptable shall not be considered as properly filed.8.2.3. Any qualified small utility desiring to proceed under this section shall file with the Commission its application and supporting financial data in the form of Tariff Form No. 11, together with Tariff Form No. 2 as required by Tariff Rule 19.1.8.2.4. Any request for increased rates in conjunction with major construction and financing shall not be permitted under Tariff Rule 8.2. (Historical Rule 19-A), regardless of the size of the utility. This includes any project requiring approval of the Bureau of Public Health, Department of Environmental Protection, or any Federal Agency.8.2.5. When die application is filed, the Commission shall issue a procedural order setting forth a date by which Commission Staff shall file a report setting forth its recommended rates based on Staff's investigation of the applicant's earnings, revenue requirements, adequacy of rates, and quality of service.8.2.6. After receipt of Staff s report, tire Commission will issue an order requiring notice of Staff s proposed rates and attaching a completed Tariff Form No. 10. for die utility's use when it provides notice to customers as required in Rule 8.2.7.8.2.7. Upon receipt of die Commission's order requiring notice of Staffs recommended rates, the applicant shall give notice to its customers of any rate or rates so recommended within ten (10) days of such receipt, by: (i) publishing Tariff Form No. 10 by Class I legal advertisement in a qualified newspaper of general circulation in each of the counties where service is provided and mailing Tariff Form No. 10 to each of its resale customers; or(ii) mailing, as a bill insert or separate mailing, Tariff Form No. 10 to each of its customers. The utility shall file a certificate of publication and mailing in the form of Tariff Form No. 6-B with the Commission to die effect that die requirements of Tariff Rule 8.2.7. have been met.8.2.8. The Commission may, in its discretion, upon the receipt of written protest and upon written request for hearing filed by a customer or customers within die time period prescribed, schedule die matter for hearing. If a hearing is deemed necessary, die applicant will be required to give notice in die form of Tariff Form No. 9, which will be mailed to die applicant with the Commission's order. The applicant may make written request to place into effect interim rates set by the Commission pending disposition of the objection or protest. If no hearing is deemed necessary, the Commission may determine appropriate rates based on die Staff recommendation, information supplied by the utility and information supplied in written objections and protests.8.2.9. Absent substantial protests, objections, or written requests for hearing within the time period prescribed, the Commission will issue an order acting on Staff s proposed rates.8.2.10. Nothing in this procedure shall prohibit an applicant from seeking additional rate relief through application as prescribed in Tariff Rules 8.1 or upon notice as prescribed in Tariff Rules 9.1 through 11.3.8.2.11. Nothing in this procedure shall prohibit a customer of the applicant from pursuing any remedy normally available under die law within die jurisdiction of the Commission.8.2.12. The intent of Tariff Rule 8.2. et seq. (Historical Rule 19-A) is to allow simplified rate filings and to enable the Commission's Staff to provide advice and assistance in the preparation of supportive financial data. The applicant is expected to cooperate with Staff to the fullest extent and to promptly comply with requests for information and preparation of schedules. Supporting records such as invoices, payroll records, billing data, and quarterly reports should be readily available in proper order for verification of the applicant's books.