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49-34A GAS AND ELECTRIC UTILITIES REGULATION
CHAPTER 49-34A

GAS AND ELECTRIC UTILITIES REGULATION

49-34A-1      Definition of terms.
49-34A-2      Service required of utilities.
49-34A-2.1      Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.
49-34A-3      Unreasonable preferences and prejudices prohibited--Violation as petty offense--Separate offenses.
49-34A-4      Regulatory powers of commission--Rules.
49-34A-5      Municipal authority terminated.
49-34A-6      Rates to be reasonable and just--Regulation by commission.
49-34A-7      System of accounts.
49-34A-8      Criteria for determination of rates by commission.
49-34A-8.1      Policy to alleviate financial burden of pricing structure.
49-34A-8.2      Incentive rates for improved performance and efficiency.
49-34A-8.3      Business development rates--Public interest exception.
49-34A-8.4      Burden on public utility to establish criteria for determination of rates.
49-34A-9      Deviation from schedules of rates and charges prohibited--Violation as petty offense--Separate offenses.
49-34A-10      Tariffs and schedules filed by utilities--Public inspection.
49-34A-11      Burden of proving reasonableness of rates.
49-34A-12      Change in rates--Notice to commission and affected customers.
49-34A-13      Hearing on rate changes.
49-34A-13.1      Intervenors permitted to appear at rate change hearing--Disclosure, pertinency, and disclaimer requirements--Intervenors not afforded party status.
49-34A-14      Suspension of proposed rate or practice pending hearing--Time.
49-34A-15      Repealed.
49-34A-16      Delay in effectuation of suspended rate schedule pending disposition of previously filed changes--Time--Violation as petty offense--Separate offenses.
49-34A-17      Implementation of proposed practice, proposed rate, or lower rate--Rate design--Accounts of customer payments--Refund of excess--Time limit.
49-34A-18      Repealed.
49-34A-19      Costs and revenue considered in determining rates--Acquisition cost of property as alternative--Projected income and expenses.
49-34A-19.1      Separate accounts required for nonutility business--Profits and losses considered by commission.
49-34A-19.2      Disallowance for rate purposes of unreasonable profits of affiliates in sales or services to utility.
49-34A-20      Rate increases not required to prevent competition.
49-34A-21      Determination of rates--Order--Maximum rate--Classification adjustment.
49-34A-22      Future rate reduction or credit as alternative to refund of excess charges pending determination on increases.
49-34A-23      Action by commission for refund of excess charges pending determination on increase--Costs recovered--Limitation of actions.
49-34A-24      Municipal taxes on utilities passed on to customers.
49-34A-25      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 commission--Appeal.
49-34A-25.1      Approval of tariff mechanisms for automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities.
49-34A-25.2      Approval, rejection, or modification of certain tariffs--Notice and hearing.
49-34A-25.3      Filing for annual rate adjustments--Contents.
49-34A-25.4      Standards for approval of annual rate adjustments.
49-34A-26      Investigation of rates or services by commission--Notice--Action.
49-34A-27      Standards, classifications, regulations or practices fixed by commission--Measuring devices--Quality control--Filing with commission.
49-34A-28      Repealed.
49-34A-29      Issue of security or assumption of liability by utility prohibited unless authorized by commission.
49-34A-30      Short-term obligations permitted without commission approval--Maximum outstanding.
49-34A-31      Prompt disposition of applications on securities and obligations--Continuance.
49-34A-32      Findings required to permit issue of securities or assumption of obligation.
49-34A-33      Order permitting issue of securities or assumption of obligations--Supplemental orders.
49-34A-34      Application of security or proceeds in contravention of order prohibited unless commission consents.
49-34A-35      Sale, lease, disposition, purchase, merger, or consolidation prohibited unless authorized by commission--Certain transactions excepted.
49-34A-36      Investigation of proposed disposition of property--Time for decision.
49-34A-37      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.
49-34A-39      Investigation of condition of public utilities--Hearings.
49-34A-40      Commission access to utility premises to examine, test and inspect--Utility's right to representation--Utilities to cooperate and assist.
49-34A-41      Order for production of utility books and records--Out-of-state records.
49-34A-42      Electric utility's exclusive rights in assigned service area--Connecting facilities in another area.
49-34A-43      Boundaries of assigned service areas--Contracts between utilities--Service areas within municipalities.
49-34A-44      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.
49-34A-45      Payments to municipality from revenues of cooperative providing electric service within municipality.
49-34A-46      Payments to municipality owning electric system from revenues of electric utility operating within municipality.
49-34A-47      Time of payments to municipality.
49-34A-48      Electric utility's right to continue service in area annexed to municipality.
49-34A-49      Municipal offer to purchase electric facilities in annexed area.
49-34A-50      Purchase price for electric facilities in area annexed by municipality.
49-34A-51      Application for determination by commission of price for municipal purchase of electric facilities in annexed area.
49-34A-52      Acknowledgment by utility of municipal offer to purchase facilities in annexed area--Obligations of parties.
49-34A-53      Repealed.
49-34A-53.1      Purchase of facilities in territory annexed after July 1, 1975--Time limit--Determination of gross revenue.
49-34A-54      Purchase by utility of areas disannexed by municipality.
49-34A-55      Sale or exchange of rights and property allowed between municipalities and utilities.
49-34A-56      Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered.
49-34A-57      Extension of lines to serve utility's or municipality's own property.
49-34A-58      Adequacy of service determined by commission--Notice and hearing--Order to correct inadequacy--Transfer of rights on failure to comply.
49-34A-59      Notice and hearing on violation of service area provisions--Time for decision.
49-34A-60      Repealed.
49-34A-61      Burden of proof on party seeking to modify or vacate commission order.
49-34A-61.1      Rehearings--Application--Grant or refusal--Time--Orders not stayed unless commission directs.
49-34A-62      Parties entitled to rehearings and appeals--Procedure.
49-34A-63, 49-34A-64. Repealed.
49-34A-65      Bond required when stay or suspension granted--Other security in addition or in lieu--Refund of increase not allowed on appeal.
49-34A-66      Violation of law or commission order--Civil penalty.
49-34A-67      Each violation or day's continuation as separate offense.
49-34A-68      Penalties cumulative--Single action does not bar other remedies.
49-34A-69      Commission to refer violations to attorney general.
49-34A-70      Preference on calendar for proceedings under chapter.
49-34A-71      Chapter complete--Laws in conflict repealed.
49-34A-72      Commission participation in federal proceedings--Recovery of expenses.
49-34A-73      Phase in rate plan for rate increases due to plant additions.
49-34A-73.1      Plant additions defined.
49-34A-74      Approval of phase in rate plan--Conditions.
49-34A-75      Review of reasonableness of rates under phase in rate plan--Adjustment.
49-34A-76      Filing of general rate case after end of phase in rate plan--Exception.
49-34A-77      Filing fee for phase in rate plan.
49-34A-78      Nonapproval of application for phase in rate plan.
49-34A-79      Public or electric utilities authorized to remove certain obstructions.
49-34A-80      Certain commercial small power production facilities subject to 49-34A-80 49-34A-92
49-34A-81      Repealed.
49-34A-82      Definitions.
49-34A-83      Refund or credit of certain taxes for construction of certain power production facilities.
49-34A-84      Requirements for refund.
49-34A-85      Amount of refund.
49-34A-86      Application for refund--Refund claim not assignable--Exception.
49-34A-87      Secretary to prescribe form and documentation requirements.
49-34A-88      Deadline for submitting claim for refund--Department to withhold percentage of refund.
49-34A-89      Withheld amounts paid at completion of project.
49-34A-90      Fraudulent claim--Refunded sums constitute lien in favor of state.


49-34A-91      Right to hearing on denial of refund claim.
49-34A-92      Promulgation of rules.
49-34A-93      Implementation of and compliance with certain federal energy acts.
49-34A-94      Renewable electricity and recycled energy defined.
49-34A-95      Renewable energy credits for electricity authorized.
49-34A-96      Promulgation of rules regarding renewable energy credit system.
49-34A-97      Approval of tariff mechanisms for automatic annual adjustment of charges for environmental improvements.
49-34A-98      Approval, rejection, or modification of certain electric service tariffs.
49-34A-99      Annual rate adjustment filings for certain electric service tariffs.
49-34A-100      Approval, rejection, or modification of annual rate adjustment.
49-34A-101      State renewable, recycled, and conserved energy objective established.
49-34A-102      Qualifications for meeting renewable, recycled, and conserved energy objective.
49-34A-103      Calculation of amount of electricity from renewable, recycled, and conserved energy source.
49-34A-104      Evaluation of use as reasonable and cost effective.
49-34A-105      Annual reports concerning renewable, recycled, and conserved energy objective.
49-34A-106      Purchase and retirement of renewable energy and recycled energy credits.
49-34A-107      Separation and protection of assets of gas and electric utilities.
49-34A-108      Electric utility to file rates for purchases of electricity produced by small renewable power facilities.


Title 49
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