(A) Fee; appeal.
(1) If a utility desires to change its rates for natural gas service within a municipality, other than to reflect an adjustment for natural gas supply costs, the utility shall present to the city copies of present and proposed rate schedules and information supporting the proposed rates for natural gas service within the city as required by division (B) below.
(2) The city may charge and collect a filing fee for a rate filing. Such fee shall not exceed an amount as set forth in the city’s fee schedule.
(3) Within 45 days after the date of filing, a municipality may reject a rate filing only on the grounds that the information required by division (B) below has not been filed with the city. The utility shall be given at least seven days’ prior written notice of any meeting to consider rejection of the utility’s rate filing. Rejection shall be made by resolution of the city and shall state the reasons upon which the rejection is based. In the event of any such rejection, a copy of the written resolution shall be delivered to the utility within seven days after final action by the city. After receipt of the resolution, the utility shall have 15 days to remedy the deficiencies stated in such resolution, and the time periods under § 53.27(D) shall not be suspended during such 15-day period. If the city has not received the information to cure the deficiencies within the 15-day period, or within such additional period of time as may be agreed to by the utility and the city, the filing shall be deemed to be rejected and the utility shall be required to initiate a new rate filing.
(4) The utility may appeal from the decision of the city rejecting a rate filing. The appeal shall be to the district court.
(5) If a rate filing is rejected and the rejection is appealed, the utility may place the interim rates into effect pursuant to the time periods specified in § 53.27(D), subject to refund, pending district court determination. If the utility appeals the rejection of the filing, and if the court rules that the rejection was unreasonable, the times specified in § 53.27(D) shall run from the date of filing.
(Prior Code, § 3-1209)
(B) Information required. When making a rate filing, the utility shall provide to the city three copies of the most recent annual report to the stockholder, and three copies of the following information, verified by a statement under oath by an officer of the utility:
(1) A description of the base year and test year;
(2) A financial summary showing aggregate amounts for rate base, operating revenue, operating expenses, and rate of return for the base year and test year:
(a) Using natural gas rates currently in effect; and
(b) Using proposed natural gas rates.
(3) Except as provided in § 53.32(B), rate-base schedules showing beginning and ending balances for the base year and test year of:
(a) Utility plant and accumulated depreciation and amortization showing the balances by functional account totals;
(b) Working capital, showing the manner in which it is calculated;
(c) Other rate-base components; and
(d) Allocated rate-base components showing the manner in which the components are calculated.
(4) Operating expense schedules for the base year and test year;
(5) Rate-of-return and cost-of-capital schedules showing:
(a) Long-term debt, preferred stock, and common equity amounts, ratios, and percentage cost rates for the base year and test year; and
(b) Long-term debt, preferred stock, and common equity amounts at the beginning and end of the base year and test year;
(6) Operating revenue schedules showing:
(a) Number and classification of customers, volume of sales, and operating revenue by customer classes for the base year on an unadjusted basis; and
(b) Number and classification of customers, volume of sales, and operating revenue by customer classes for the base year on a normalized basis:
1. Using current rates; and
2. Using proposed rates.
(Prior Code, § 3-1210)
Statutory reference:
Related provisions, see Neb. RS 19-4610 and 19-4611