16 Tex. Admin. Code § 24.49 - Application for a Rate Adjustment by a Class D Utility Under Texas Water Code Section 13.1872
(a) Purpose. This
section establishes procedures for a Class D utility to apply for an adjustment
to its water or wastewater rates as allowed by Texas Water Code (TWC)
§13.1872(c)(1).
(b)
Definitions. In this section, the term application means an application for a
rate adjustment filed under this section and TWC §13.1872(c)(1).
(c) Requirements for filing of the
application. Subject to the limitations set out in subsection (g) of this
section, a Class D utility may file an application with the commission.
(1) The utility may request to increase its
tariffed monthly fixed customer or meter charges and monthly gallonage charges
by no more than five percent.
(2)
The application must be on the commission's form.
(d) Determining whether the application is
administratively complete.
(1) If commission
staff requires additional information in order to process the application,
commission staff must file a notification to the utility within 14 days of the
filing of the application requesting any necessary information.
(2) An application may not be deemed
administratively complete as required by §
24.8 of this title (relating to
Administrative Completeness) until after the utility has responded to
commission staff's request under paragraph (1) of this subsection.
(e) Staff recommendation. Within
30 days of the filing of the application, commission staff must file a
recommendation stating whether the application should be deemed
administratively complete as required by §
24.8 of this title. If commission
staff recommends that the application be deemed administratively complete,
commission staff must also file a recommendation on final disposition,
including:
(1) The utility's rate adjustment
information as follows:
(A) Certificate of
Convenience and Necessity (CCN) number;
(B) Affected subdivision(s);
(C) Existing and proposed base rate by meter
size;
(D) Existing and proposed
gallonage rate by block;
(E)
Percentage increase of the rate adjustment;
(F) Date by which notice is delivered;
and
(G) Effective date of the rate
increase.
(2) An updated
tariff sheet reflecting the requested rate change; and
(3) The proper notice of approved rates to be
provided to the utility's ratepayers as described in subsection (f)(2) of this
section.
(f) Notice of
Approved Rates.
(1) A utility must send by
mail, or by e-mail if the ratepayer has agreed to receive communications
electronically, notice to each ratepayer describing the proposed rate
adjustment. The notice must be sent after the utility receives a written order
from the commission approving the application, and at least 30 days before the
effective date of the approved change.
(2) A notice of approved rates must include:
(A) A statement that the utility requested an
annual rate adjustment and specifying the percent amount requested;
(B) The existing rate;
(C) The approved rate;
(D) A monthly billing comparison;
and
(E) A statement that the rate
adjustment was requested under TWC §13.1872 and that a hearing will not be
held for the request.
(g) Time between filings. A Class D utility
may adjust its rates under this section not more than once each calendar year
and not more than four times between rate proceedings filed under TWC
§13.1872(c)(2).
Notes
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