Section 407-120-8 - REQUIREMENTS FOR CONSUMER-OWNED ELECTRIC UTILITY RATE FILINGS UNDER 35-A M.R.S.A. SECTION 3502A.General Provisions. 1.Purpose. The purpose of this section is to describe the requirements for the form, content, and notice of consumer-owned electric utility rate filings pursuant to 35-A M.R.S.A. §3502. Nothing in this section prohibits a consumer-owned electric utility from filing a general rate case rather than using the procedure set forth in this section.2.Applicability. This section is applicable to consumer-owned electric utilities, as defined in 35-A M.R.S.A. §3501, which propose to change rates by not more than 15% of the utility's annual operating revenues. This section does not apply to any fuel cost adjustment.3.Default Provision. Whenever a filing under this section fails to comply with the requirements of 35-A M.R.S.A. §3502 or this section, it may be suspended for investigation. If the filing is so suspended, or is suspended upon a petition from utility customers, the filing may become a general rate case subject to the requirements of section 5 of this Rule and the notice requirements of Chapter 110, sections 6(B)(1)(b) and (c) of the Commission's Rules (65-407 C.M.R. 110 (6)(B)(1)(b) and (c), unless these provisions are waived upon a showing of good cause.4.Frequency of Filings. No consumer-owned electric utility may initiate a rate filing under this section which would increase its annual operating revenues by more than one percent (1%) within one year of the date it notified its customers of its most recent previous rate filing under this section.5.Penalty for Non-Compliance. If the Commission finds that a consumer-owned electric utility's rate filing under this section substantially violates the procedural requirements set forth in this section, the Commission may prohibit the utility from filing rates pursuant to this section in its next rate case.B.Procedure. 1.Notice. A consumer-owned electric utility filing rates under this section must provide the notices described below.a.Notice to Commission and Public Advocate.(i) At least sixty (60) days before holding a public hearing on the rate filing, the utility must notify the Commission and the Public Advocate of its intent to submit the rate filing.(ii) At least thirty (30) days before the public hearing on the rate filing, the utility must file a copy of all relevant materials supporting the rate filing with the Commission and the Public Advocate. The materials must include: (a) the proposed annual revenue change;(b) the proposed new rate sheets; and(c) any calculations, exhibits, statements, or work papers showing that the proposed rate filing will produce the necessary revenues.b.Newspaper Publication. (i) A consumer-owned electric utility filing rates under this section must publish a notice of the public hearing on the rate filing.(ii) The notice must be published twice, in a newspaper of general circulation in the area served by the utility.(iii) The second notice must be published at least thirty (30) days before the date of the public hearing.(iv) The newspaper notice must contain:(a) the amount of the rate change;(b) the percentage rate change for each customer class; and(c) the date, time, place, and purpose of the hearing.c.Individual Notices.(i) A consumer-owned electric utility filing rates under this section must furnish individual notices of the rate filing to each of its customers by the same means it uses to distribute its customer bills.(ii) Individual notices of the rate filing must be furnished to customers at least thirty (30) days before the public hearing.(iii) The Individual notices must contain:(a) the amount of the proposed rate change;(b) the percentage rate change for each customer class;(c) the customer's right to request information relating to the present and proposed rates;(d) the customer's right to an open and fair hearing and to further hearings before the Commission;(e) the availability of assistance from the Public Advocate, and(f) the date, time, and place of the hearing.(iv) The utility must make a copy of all relevant material supporting the rate filing available for examination by customers at its offices for at least thirty (30) days prior to the hearing.2.Public Hearing. A consumer-owned electric utility filing rates under this section must hold a public hearing prior to filing the proposed rates with the Commission.a.Purpose of Hearing. At the public hearing, the Public Advocate and any customer of the consumer-owned electric utility may present testimony, and may question the officials of the utility regarding the proposed rate filing.b.Customer Rights. At the commencement of the hearing, the utility must inform those present: (i) of customers' right to request information relating to the present and proposed rates;(ii) of customers' right to an open and fair hearing, and to further hearings before the Commission;(iii) of the availability of assistance from the Public Advocate; and(iv) that the rate filing may be investigated by the Commission in accordance with 35-A M.R.S.A. §3502. At the public hearing, the utility must answer questions, provide supporting materials for inspection, and accept statements. The Public Advocate may participate in the hearing.
c.Summary Required. The utility must submit a written summary of the public hearing to the Commission when filing its proposed rates. The summary must include: (i) copies of the newspaper notices as published, showing the date of publication;(ii) a copy of the individual notice sent to customers;(iii) the substance of the questions, answers, and statements presented at the hearing;(iv) the means of those actively participating in the hearing; and(v) the approximate number of persons attending the hearing. If the utility changes the proposed rate filing in response to comments at the public hearing, the summary must include an explanation of any such changes.
3.Filing. a.Time for Filing. The utility must submit its rate filing not sooner than 10 days, and not later than 30 days, after the public hearing.b.Form and Content. Except as otherwise specified in this section, the form and content of all schedules filed under this section must comply with Section 3 of this Rule.c.Proposed Effective Date. A consumer-owned electric utility submitting a rate filing under this section must include a proposed effective date. The proposed effective date must be at least one month, but no more than nine (9) months, from the date on which the Commission receives the filing.4.Correction. The Commission, Administrative Director or Assistant Administrative Director may order the utility to correct any mathematical or clerical errors in the filing.5.Petition for Investigation.a.Time for Petition. Any petition for Commission investigation of a consumer-owned electric utility rate filing under this section must be filed within thirty (30) days of the public hearing.b.Number of Petitioners. Any petition for Commission investigation of a consumer-owned electric utility rate filing under this section must be signed by either ten percent (10%) of the utility's customers or seven hundred fifty (750) customers, whichever is less. For purposes of this section, "customer" means, in the case of residential accounts, any one adult residing in a household where the utility's electric service is provided, and in the case of all other accounts where the utility's electric service is provided, any one corporate officer, partner, or proprietor. No one person may sign a petition under this section on behalf of more than one account, unless that person receives service at the account.c.Filing. Any petition under this section must be filed both with the Commission and with the consumer-owned electric utility proposing the rate filing.d.Suspension. Upon receiving a petition for investigation of a consumer-owned electric utility rate filing, the Commission may suspend the filing. The Commission must notify the utility of the suspension. No suspension under this section is effective for more than nine (9) months from the date the rate filing was submitted.e.Challenge by Utility.(i)Deadline. A consumer-owned electric utility must notify the Commission within ten (10) days of receiving notice of the suspension if it intends to challenge any aspect of the validity of the petition.(ii)Hearing. Within thirty (30) days of a utility's notice that it intends to challenge the validity of a petition, the Commission must hold a public hearing on the validity of the petition and issue a decision on the validity of the petition.(iii)Relief from Suspension. If the Commission finds a petition to be invalid, it must lift the suspension of the rate filing. If a suspension is lifted under this section, the rates shall take effect on the original effective date, unless the Commission orders a different effective date.65- 407 C.M.R. ch. 120, § 8