16 Tex. Admin. Code § 24.33 - Suspension of the Effective Date of Rates
(a) Regardless of, and in addition to, any
period of suspension ordered under subsection (b) of this section, after
written notice to the utility, the commission may suspend the effective date of
a rate change for not more than:
(1) 150 days
from the date the proposed rates would otherwise be effective for an
application filed under Texas Water Code (TWC) §13.187; or
(2) 265 days from the date the proposed rates
would otherwise be effective for an application filed under TWC
§§13.1871, 13.18715, or 13.1872(c)(2).
(b) Regardless of, and in addition to, any
period of suspension ordered under subsection (a) of this section, the
commission may suspend the effective date of a change in rates if the utility:
(1) has failed to properly complete the rate
application as required by §
24.27 of this title (relating to
Notice of Intent and Application to Change Rates), has failed to comply with
the notice requirements and proof of notice requirements, or has for any other
reason filed a request to change rates that is not deemed administratively
complete until a properly completed request to change rates is accepted by the
commission;
(2) does not have a
certificate of convenience and necessity or a completed application pending
with the commission to obtain or to transfer a certificate of convenience and
necessity until a completed application to obtain or transfer a certificate of
convenience and necessity is accepted by the commission; or
(3) is delinquent in paying the regulatory
assessment fee and any applicable penalties or interest required by TWC
§5.701(n) until the delinquency is remedied.
(c) If the commission suspends the effective
date of a requested change in rates under subsection (b) of this section, the
requirement under §
24.35(b)(1) of
this title (relating to Processing and Hearing Requirements for an Application
to Change Rates), to begin a hearing within 30 days of the effective date does
not apply and the utility may not notify its customers of a new proposed
effective date until the utility receives written notification from the
commission that all deficiencies have been corrected.
(d) A suspension ordered under subsection (a)
of this section will be extended two days for each day a hearing on the merits
exceeds 15 days.
(e) If the
commission does not make a final determination on the proposed rate before the
expiration of the suspension period described by subsections (a) and (d) of
this section, the proposed rate will be considered approved. This approval is
subject to the authority of the commission thereafter to continue a hearing in
progress.
(f) The effective date of
any rate change may be suspended at any time during the pendency of a
proceeding, including after the date on which the proposed rates are otherwise
effective.
(g) For good cause
shown, the commission may at any time during the proceeding require the utility
to refund money collected under a proposed rate before the rate was suspended
to the extent the proposed rate exceeds the existing rate.
Notes
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