Section 407-880-8 - REVENUE-NEUTRAL RATE ADJUSTMENTS FOR UTILITIESA.Flow Through of Changes in Revenues From Joint-Use Entities.Increases in joint-use utility pole attachment revenues received by utility pole owner from a joint-use entity resulting from an order of the Commission under 35-A M.R.S. §711 or from an agreement between utility pole owner and a joint-use entity must be flowed through to customers of the pole owner by a revenue-neutral change in the pole owner's rates as provided in this Section. Following initial implementation of a new rate as described above, increases in revenues which are attributable solely to increased costs of the pole owner, rather than to changes in the inclusion or exclusion of costs contained in a joint-use utility pole attachment rate or to changes in the allocation of costs, must not be subject to the flow-through provisions of this Section.
B.Immediate Flow-Through.The rate change required by this Section may be implemented by the pole owner at the time of the increase in revenues. If an electric utility chooses this option, the electric utility must make the change in its rates for residential classes.
C.Delayed Flow-Through; Suspense Account.1.Timing. A pole owner may choose to delay the rate change required by this Section until the conclusion of its next general rate case, if applicable. If the next general rate case is not commenced (or notice provided under Chapter 120, § 6 of the Commission's Rules) within four years of the change in revenues, the pole owner's rate must be changed not later than 5 years following the effective date of the rate change.2.Rate Design. If the change in joint-use utility pole rates is made at the conclusion of a general rate case, the change must apply to the rates for services or to customer classes as ordered in that case. If the change is made outside of a general rate case, the change must apply to rates for residential customers of the electric utility.3.Suspense Account. A pole owner which delays implementation of a rate change pursuant to this Section must defer all increased revenues in a suspense account and the rate change to its customers must take into account the deferred amounts.65-407 C.M.R. ch. 880, § 8