GAS AND ELECTRIC UTILITIES REGULATION
Definition of terms.
Service required of utilities.
Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.
Unreasonable preferences and prejudices prohibited--Violation as petty
Regulatory powers of commission--Rules.
Municipal authority terminated.
Rates to be reasonable and just--Regulation by commission.
System of accounts.
Criteria for determination of rates by commission.
Policy to alleviate financial burden of pricing structure.
Incentive rates for improved performance and efficiency.
Business development rates--Public interest exception.
Burden on public utility to establish criteria for determination of rates.
Deviation from schedules of rates and charges prohibited--Violation as petty
Tariffs and schedules filed by utilities--Public inspection.
Burden of proving reasonableness of rates.
Change in rates--Notice to commission and affected customers.
Hearing on rate changes.
Intervenors permitted to appear at rate change hearing--Disclosure,
pertinency, and disclaimer requirements--Intervenors not afforded party
Suspension of proposed rate or practice pending hearing--Time.
Delay in effectuation of suspended rate schedule pending disposition of
previously filed changes--Time--Violation as petty offense--Separate
Implementation of proposed practice, proposed rate, or lower rate--Rate
design--Accounts of customer payments--Refund of excess--Time limit.
Costs and revenue considered in determining rates--Acquisition cost of
property as alternative--Projected income and expenses.
Separate accounts required for nonutility business--Profits and losses
considered by commission.
Disallowance for rate purposes of unreasonable profits of affiliates in sales
or services to utility.
Rate increases not required to prevent competition.
Determination of rates--Order--Maximum rate--Classification adjustment.
Future rate reduction or credit as alternative to refund of excess charges
pending determination on increases.
Action by commission for refund of excess charges pending determination
on increase--Costs recovered--Limitation of actions.
Municipal taxes on utilities passed on to customers.
Automatic adjustment of rates for changes in energy, fuel and gas costs, ad
valorem taxes paid or commission approved fuel incentives--Revised rate
schedule filed by utility--Filing of bond if commission orders--Order of
Approval of tariff mechanisms for automatic annual adjustment of charges
for jurisdictional costs of new or modified transmission facilities.
Approval, rejection, or modification of certain tariffs--Notice and hearing.
Filing for annual rate adjustments--Contents.
Standards for approval of annual rate adjustments.
Investigation of rates or services by commission--Notice--Action.
Standards, classifications, regulations or practices fixed by commission--Measuring devices--Quality control--Filing with commission.
Issue of security or assumption of liability by utility prohibited unless
authorized by commission.
Short-term obligations permitted without commission approval--Maximum
Prompt disposition of applications on securities and obligations--Continuance.
Findings required to permit issue of securities or assumption of obligation.
Order permitting issue of securities or assumption of obligations--Supplemental orders.
Application of security or proceeds in contravention of order prohibited
unless commission consents.
Sale, lease, disposition, purchase, merger, or consolidation prohibited unless
authorized by commission--Certain transactions excepted.
Investigation of proposed disposition of property--Time for decision.
Purchase of voting stock in other utilities prohibited without commission's
consent--Violation as petty offense--Separate offenses.
49-34A-38, 49-34A-38.1. Repealed.
Investigation of condition of public utilities--Hearings.
Commission access to utility premises to examine, test and inspect--Utility's
right to representation--Utilities to cooperate and assist.
Order for production of utility books and records--Out-of-state records.
Electric utility's exclusive rights in assigned service area--Connecting
facilities in another area.
Boundaries of assigned service areas--Contracts between utilities--Service
areas within municipalities.
Maps of service areas to be filed by electric utilities--Boundaries assigned by
commission order--Adjustment of intertwined service areas--Protest of
assigned service areas.
Payments to municipality from revenues of cooperative providing electric
service within municipality.
Payments to municipality owning electric system from revenues of electric
utility operating within municipality.
Time of payments to municipality.
Electric utility's right to continue service in area annexed to municipality.
Municipal offer to purchase electric facilities in annexed area.
Purchase price for electric facilities in area annexed by municipality.
Application for determination by commission of price for municipal purchase
of electric facilities in annexed area.
Acknowledgment by utility of municipal offer to purchase facilities in
annexed area--Obligations of parties.
Purchase of facilities in territory annexed after July 1, 1975--Time limit--Determination of gross revenue.
Purchase by utility of areas disannexed by municipality.
Sale or exchange of rights and property allowed between municipalities and
Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered.
Extension of lines to serve utility's or municipality's own property.
Adequacy of service determined by commission--Notice and hearing--Order
to correct inadequacy--Transfer of rights on failure to comply.
Notice and hearing on violation of service area provisions--Time for decision.
Burden of proof on party seeking to modify or vacate commission order.
Rehearings--Application--Grant or refusal--Time--Orders not stayed unless
Parties entitled to rehearings and appeals--Procedure.
49-34A-63, 49-34A-64. Repealed.
Bond required when stay or suspension granted--Other security in addition
or in lieu--Refund of increase not allowed on appeal.
Violation of law or commission order--Civil penalty.
Each violation or day's continuation as separate offense.
Penalties cumulative--Single action does not bar other remedies.
Commission to refer violations to attorney general.
Preference on calendar for proceedings under chapter.
Chapter complete--Laws in conflict repealed.
Commission participation in federal proceedings--Recovery of expenses.
Phase in rate plan for rate increases due to plant additions.
Plant additions defined.
Approval of phase in rate plan--Conditions.
Review of reasonableness of rates under phase in rate plan--Adjustment.
Filing of general rate case after end of phase in rate plan--Exception.
Filing fee for phase in rate plan.
Nonapproval of application for phase in rate plan.
Public or electric utilities authorized to remove certain obstructions.
Certain commercial small power production facilities subject to 49-34A-80
Refund or credit of certain taxes for construction of certain power production
Requirements for refund.
Amount of refund.
Application for refund--Refund claim not assignable--Exception.
Secretary to prescribe form and documentation requirements.
Deadline for submitting claim for refund--Department to withhold percentage
Withheld amounts paid at completion of project.
Fraudulent claim--Refunded sums constitute lien in favor of state.
Right to hearing on denial of refund claim.
Promulgation of rules.
Implementation of and compliance with certain federal energy acts.
Renewable electricity and recycled energy defined.
Renewable energy credits for electricity authorized.
Promulgation of rules regarding renewable energy credit system.
Approval of tariff mechanisms for automatic annual adjustment of charges
for environmental improvements.
Approval, rejection, or modification of certain electric service tariffs.
Annual rate adjustment filings for certain electric service tariffs.
Approval, rejection, or modification of annual rate adjustment.
State renewable, recycled, and conserved energy objective established.
Qualifications for meeting renewable, recycled, and conserved energy
Calculation of amount of electricity from renewable, recycled, and conserved
Evaluation of use as reasonable and cost effective.
Annual reports concerning renewable, recycled, and conserved energy
Purchase and retirement of renewable energy and recycled energy credits.
Separation and protection of assets of gas and electric utilities.
Electric utility to file rates for purchases of electricity produced by small
renewable power facilities.