W. Va. Code R. § 150-35-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-35-3 - Reserve account
3.1. Pre-funding requirement. -- All sewer utilities that do not provide sewer service on the effective date of these Rules and seek to provide Innovative, Alternative Sewage Disposal Service shall provide to the Commission in the certificate of public convenience filing to construct and operate such a system evidence of the pre-funding of a reserve account equal to six (6) months of revenue for each customer to be served by the Innovative, Alternative Sewage Disposal Service. Such reserve must be segregated and maintained separately from other funds of the utility. The requirement for a reserve account, or the exemption for active utilities already providing sewer service, may be waived or modified by the Commission for good cause.
3.2. Separate accounting. -- Any utility required to establish a pre-funding reserve account will keep a separate subsidiary ledger of the revenues and expenses incurred in providing Innovative, Alternative Sewage Disposal Service.
3.3. Access to reserve account. -- The reserve account may be accessed to provide revenue to the sewer utility in the event that the revenues collected from customers receiving Innovative, Alternative Sewage Disposal Service are less than the projected incremental revenue levels approved by the Commission.
3.4. Commission review. -- The Commission shall review the activity in the reserve account in the context of the filing of a rate case by the utility or upon motion of the Commission. If the account falls below the six-month (6 month) required revenue requirement level at the end of any year, the Commission may consider the use of a surcharge or other means to restore the reserve account to the six-month (6 month) revenue requirement level.

W. Va. Code R. § 150-35-3