Section 407-430-2 - APPLICATIONS FOR COST OF GAS ADJUSTMENTA. Each gas utility, as defined in this chapter, shall adjust its charges to customers to recover increases and to credit decreases in the cost of gas as approved by the Commission.B. No gas utility shall implement a cost of gas adjustment which has not been approved and ordered into effect by the Commission.C. A gas utility must file an application for a cost of gas adjustments on or before February 15 of each year, designed to recover the projected cost of gas for the summer period. It must also file a cost of gas adjustment on or before August 15 of each year, designed to recover the projected cost of gas for the winter period. The gas utility may amend its application to update it based upon more current information, to the extent that the Commission determines that such amendment will not unduly delay the Commission's determination. For good cause shown, in unusual circumstances and upon timely application by a gas utility, the Commission may allow the gas utility to vary either the filing dates or the periods during which a cost of gas adjustment is to be in effect. For the first filing which a gas utility makes pursuant to these regulations, section 2(F) of this chapter shall control.D. In addition to the applications which must be filed pursuant to the previous subsection of this chapter, a gas utility may file an application seeking an alteration in its cost of gas adjustment in the event that its then-effective cost of gas adjustment is likely to result in a material over-recovery or under-recovery of gas costs, and upon a showing satisfactory to the Commission that any delay in making an adjustment will unreasonably burden either the gas company or its customers. Except by leave of the Commission, no such application shall be filed less than 90 days following the date upon which the last application for a cost of gas adjustment was filed. Additionally, after summary investigation the Commission may direct any gas company to file a new cost of gas adjustment.E. After receipt of an application for a cost of gas adjustment, the Commission shall order notice of the application to be published within seven (7) days of receipt and shall set a time and place for a public hearing, which shall be held, unless otherwise ordered by the Commission, within fourteen (14) days after publication of the notice. The Commission shall render its decision on the application within forty-five (45) days of the close of the hearing or within forty-five (45) days of receipt of the application, if no hearing is held. Except in unusual circumstances, the Commission shall act upon a cost of gas adjustment application prior to the start of the applicable summer or winter period.F. With respect to the first cost of gas adjustment application filed by a gas utility following the effective date of this chapter, the period during which the adjustment is to be in effect may be different than the periods defined in Sections 1(G) and (H) of this chapter. All gas utilities providing service on the effective date of this chapter shall file a cost of gas adjustment application within thirty (30) days thereof. All other gas utilities shall file a cost of gas adjustment application not less than seventy-five (75) days prior to the commencement of service.65- 407 C.M.R. ch. 430, § 2