Current through Register Vol. 41, No. 14, April 7, 2022
In lieu of
filing a rate case application according to K.A.R. 82-1-231
, electric, gas,
water, and telecommunications utilities, other than class A, may elect to
prepare a less extensive application with schedules that are more appropriate
to the operations of smaller utilities, unless otherwise directed by the
commission. However, a telecommunications utility that is subject to price cap
regulation pursuant to
, and amendments
thereto, shall not be required to file the information described in this
regulation with applications requesting a change in rates pursuant to
66-2005(g), (i), (j), (n), (o), (p), (r), and
, and amendments thereto.
Applications and evidence.
The application and schedules shall be in
the form and substance permitted by the commission and shall include an
electronic application as described in K.A.R. 82-1-231
(c)(3). The application
shall include the following:
schedules as required by the commission;
(B) a copy of the financial statements of the
utility for a test year. These financial statements shall have been audited by
an independent certified public accountant and an opinion rendered thereupon.
(C) a copy of the most recent
tariffs with penciled-in or red-lined proposed changes. The test year selected
by the applicant may be disapproved by the commission for cause.
A rate case application shall
not be considered under this regulation unless all of the following conditions
(A) The commission has received
written notice of the intent to file an application not less than 30 and not
more than 90 days before the application filing date.
(B) The applicant has met with technical
staff to inform the technical staff of the applicant's approximate revenue
requirement, any proposed changes in the apportionment of the revenue
requirement among rate classes, and any proposed rate design changes.
(C) The applicant has held a
public meeting, for which adequate notice was given, to inform its customers of
its intent to file an application and to allow its customers to comment. The
applicant's public meeting notice shall include a statement of the applicant's
approximate revenue requirement, any proposed changes in the apportionment of
the revenue requirement among rate classes, and any proposed rate design
days after a third consecutive filing by an applicant under this regulation, a
determination shall be made by the commission as to whether the filing may
again be treated as an alternative filing under this regulation, or whether the
filing warrants an extended investigation under K.A.R. 82-1-231
(1) The applicant shall meet with technical
staff after the application is filed to discuss the technical staff's
preliminary review of the application and the appropriateness of addressing the
application under this regulation.
(2) Any data request issued by the technical
staff shall be answered by the applicant as expeditiously as possible. The
technical staff may conduct a field audit to verify any information the
technical staff considers essential to a rate proceeding.
(3) The technical staff shall complete the
audit of the application and forward a written recommendation to the
(4) A copy of the
technical staff's recommendation shall be provided to the applicant. If the
technical staff recommendation is to approve the application with modification
or to deny the application, the applicant may submit written comments, which
may include a request for hearing, to the commission.
The application shall be considered by
the commission. The application may be ruled upon by the commission in any of
the following ways:
(A) Approved as filed;
(B) approved with modifications;
(C) suspended by the commission
pending an order setting the matter for hearing and directing the technical
staff to conduct a further investigation; or
the commission approves the application pursuant to paragraph 5(A) or 5(B), an
interim order seeking comment shall be issued. The interim order shall be
subject to a comment period of 90 days. The applicant shall notify its
customers of the interim rates, interim rate design, and the comment period
within 20 days after the commission's issuance of the interim order.
(B) If at the close of the 90-day comment
period, substantial comment has not been received, a final order making the
temporary rates permanent may be issued by the commission. If at the close of
the 90-day comment period, substantial comment has been received, further
investigation and a hearing may be ordered by the commission.
(7) If the commission orders a
further investigation and hearing under paragraph (5)(C) or (6)(B), a hearing
date and dates by which parties shall file written testimony shall be specified
by the commission.
Consideration of an application under this regulation may be suspended and
converted to an application subject to K.A.R. 82-1-231
at any time during the
proceeding and for good cause. Such a conversion may be made on the motion of
the technical staff or the commission on its own initiative.
(e) This regulation shall not apply to a
change in rates for services by telecommunications utilities that are not
subject to price regulation pursuant to
66-2005(v) and amendments
(f) For good cause shown,
any requirements of this regulation may be waived by the commission.