65-407 C.M.R. ch. 85, § 2 - Records Required

A. Contents. Every public utility seeking recovery of regulatory proceeding expenses shall maintain records containing a detailed description and accounting of all regulatory proceeding expenses. Such records shall identify, by proceeding, the hours spent and fees charged by all persons whose salaries, fees or charges constitute regulatory proceeding expenses ad defined in section 1 above.

1. Issue-By-Issue Reporting. Regulatory proceeding expenses shall be allocated among the issues presented or raised in a proceeding to the extent practicable, and in all situations in which, during the course of a particular task, the issue occupies at least one hour of the time of an attorney or expert whose fees constitute regulatory proceeding expenses, as defined in Section 1.

2. Provided, however, that the utility may, in lieu of reporting regulatory expenses on an issue-by-issue basis, elect to limit its recovery of regulatory expenses to the average percentage of revenues requested to those authorized in the utility's two most recent rate cases.

B. Filing.

1. Timing. In accordance with 65-407 C.M.R. 12(5)(B)(16), every public utility seeking recovery of regulatory proceeding expenses shall file the applicable records required by § 2(A) of this rule in every filing initiated pursuant to 35-A M.R.S.A §307. The report shall clearly identify ratemaking purposes. Whenever a utility seeks to adjust the regulatory proceeding expenses incurred during the test period, it must file the records required by § 2(A) of this chapter of all actual and estimated expenses which are relied on for purposes of making an adjustment to the test year. This filing shall be made in accordance with the filing requirements set forth in Chapter 110 of the Commission's Rules.

2. Capitalized Expenses. If regulatory proceedings are capitalized, the utility must maintain records which identify the regulatory proceeding expenses, subject to the requirements of 2(A). That record must be filed at the time the utility seeks recovery of expenses of those proceedings.

Notes

65-407 C.M.R. ch. 85, § 2