Texas Register, Volume 21, Number 1, (Part II) Pages 105-178, January 2, 1996 Page: 119
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impact on rates of the change by customer class, if any. If a
proposed tariff revision constitutes an increase in existing rates of a
particular customer class or classes, then the commission may
require that notice be given.
(4) Each rate schedule must clearly state the territory,
subdivision, city, or county wherein said schedule is applicable.
(5) (No change.)(c) (No change.)
(d) Tariff filings in response to commission orders. Tariff
filings made in response to an order issued by the commission shall
include a transmittal letter stating that the tariffs attached are in
compliance with the order, giving the application number, date of
the order, a list of tariff sheets filed, and any other necessary
information. Any service rules proposed in addition to those listed
on the commission's model tariff or any modifications of a rule in
the model tariff must be clearly noted. All tariff sheets shall comply
with all other sections in this chapter and shall include only changes
ordered. The effective date and/or wording of the tariffs shall
comply with the provisions of the order.
(e) Availability of tariffs. Each utility shall make available
to the public at each of its business offices and designated sales
offices within Texas all of its tariffs currently on file with the
commission or regulatory authority, and its employees shall lend
assistance to persons requesting information and afford these per-
sons an opportunity to examine any of such tariffs upon request. The
utility also shall provide copies of any portion of the tariffs at a
reasonable cost to reproduce such tariff for a requesting party.
(f) Rejection. Any tariff filed with the commission and
found not to be in compliance with these sections shall be so marked
and returned to the utility with a brief explanation of the reasons for
rejection.
(g) Change by other regulatory authorities. Tariffs must be
filed to reflect changes in rates or regulations set by other regulatory
authorities and shall include a copy of the order or ordinance
authorizing the change. Each utility operating within the corporate
limits of a municipality exercising original jurisdiction must have a
copy of its current tariff which has been authorized by the munici-
pality on file with the commission.
(h) Purchased water or sewage treatment provision.
(1) A utility which purchases water or sewage treatment
or pays water use fees to an underground water conservation district
may include a provision in its tariff to pass through to its customers
changes in such costs. The provision shall specify how it is calcu-
lated and affects customer billings.
(2) This provision must be approved by the commission
in a rate proceeding. A proposed change in the method of calculation
of the provision must be approved in a rate proceeding.
(3) Once the provision is approved, any revision of a
utility's billings to its customers to allow for the recovery of
additional costs under the provision may be made only upon issuing
notice as required by paragraph (4) of this subsection. The executive
director's review of a proposed revision is an informal proceeding.
Only the commission, the executive director or the utility may
request a hearing on the proposed revision. The recovery of addi-
tional costs is defined as an increase in water use fees or in costs of
purchased water or sewage treatment.
(4) A utility that wishes to revise utility billings to its
customers pursuant to an approved purchased water or sewer treat-
ment or water use fee provision to allow for the recovery of
additional costs shall take the following actions prior to the begin-
ning of the billing period in which the revision takes effect:rand
and(A) submit a written notice to the executive director;
r4hF
posed rates, the effective date of the proposed rate change, the
increase or decrease requested over test year revenues as adjusted
for test year customer growth and annualization of test year rate
increases, stated as a dollar amount, and the classes of utility* ADOPTED RULES January 2, 1996 21 TexReg 119
(B) mail notice to the utility's customers. Notice may
be in the form of a billing insert and shall contain the effective date
of the change, the present calculation of customer billings, the new
calculation of customer billings, and the change in charges to the
utility for purchased water or sewage treatment or water use fees.
The notice shall include the following language: "This tariff change
is being implemented in accordance with the utility's approved
(purchased water)(purchased sewer)(water use fee) adjustment
clause to recognize (increases)(decreases) in the (water use fee) (cost
of purchased)(water)(sewage treatment). The cost of these charges to
customers will not exceed the (increased) (decreased) cost of (the
water use fee)(purchased)(water)(sewage treatment)."
(5)-(6) (No change.)
(i) Effective date. The effective date of a tariff change is the
date of approval by the executive director unless otherwise stated in
the letter transmitting the approval or the date of approval by the
commission, unless otherwise specified in a commission order or
rule. The effective date of a proposed rate increase under 13.187 of
the code is the proposed date on the notice to customers and the
commission, unless suspended and must comply with the require-
ments of 291.8(b) of this title (relating to Administrative Complete-
ness).
(j) Tariffs filed by water supply or sewer service corpora-
tions. Every water supply or sewer service corporation shall file, for
informational purposes only, one copy of its tariff showing all rates
that are subject to the appellate jurisdiction of the commission and
that are in force for any utility service, product, or commodity
offered. The tariff shall include all rules and regulations relating to
or affecting the rates, utility service or extension of service or
product, or commodity furnished and shall specify the CCN number
and in which counties or cities it is effective.
(k) Surcharge.
(1) A surcharge is an authorized rate to collect revenues
over and above the usual cost of service.
(2) A surcharge to recover the actual increase in costs to
the utility for sampling, inspection fees or other governmental
requirements beyond the control of the utility may be collected over
a specifically authorized time period without being listed on the
approved tariff if specifically authorized for the utility in writing by
the executive director or the municipality exercising original juris-
diction over the utility.
(3) A utility shall use the revenues collected pursuant to
a surcharge only for the purposes noted and handle the funds in the
manner specified according to the notice or application submitted by
the utility to the commission, unless otherwise directed by the
executive director. The utility may redirect or use the revenues for
other purposes only after first obtaining the approval of the execu-
tive director.
291.22. Notice of Intent To Change Rates.
(a) In order to change rates which are subject to the com-
mission's original jurisdiction, the applicant utility shall file with the
commission an original completed application for rate change with
the number of copies specified in the application form and shall give
notice of the proposed rate change by mail or hand delivery to all
affected utility customers at least 30 days prior to the proposed
effective date. Notice shall be provided on the notice form included
in the commission's rate application package and shall contain the
following information:
(1) the utility name and address, current rates, the pro-
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Texas. Secretary of State. Texas Register, Volume 21, Number 1, (Part II) Pages 105-178, January 2, 1996, periodical, January 2, 1996; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth182011/m1/19/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.