Sec. 16-245g. Competitive transition assessment. Determination by department of amount and how applied to electric customers. Duration.
Sec. 16-245g. Competitive transition assessment. Determination by department of amount and how applied to electric customers. Duration. (a) The Department of Public Utility Control shall assess and beginning January 1, 2000, impose the
competitive transition assessment which shall be imposed on all customers of each
electric distribution company to provide funds for the purposes described in subsection
(d) of this section. The department shall hold a hearing that shall be conducted as a
contested case in accordance with chapter 54, except as otherwise provided in section
16-245f, to determine the amount of the competitive transition assessment.
(b) The department shall consider the effect on all customer rates and other factors
relevant to reducing rates in determining the amount of the competitive transition assessment and the manner in which and the period over which it shall be imposed in any
decision of the department to set or adjust the competitive transition assessment.
(c) The competitive transition assessment shall be determined by the department
in a general and equitable manner and shall be imposed on all customers at a rate that
is applied equally to all customers of the same class in accordance with methods of
allocation in effect on July 1, 1998, provided the competitive transition assessment shall
not be imposed on customers receiving services under a special contract which is in
effect on July 1, 1998, until such special contract expires. The competitive transition
assessment shall be imposed beginning on January 1, 2000, on all customers receiving
services under a special contract which is entered into or renewed after July 1, 1998.
The competitive transition assessment shall have a generally applicable manner of determination that may be measured on the basis of percentages of total costs of retail sales
of electric generation services. The competitive transition assessment shall be payable
by customers on an equal basis on the same payment terms and shall be eligible or
subject to prepayment on an equal basis. Any exemption of the competitive transition
assessment by customers under a special contract shall not result in an increase in rates
to any customer.
(d) The department shall establish, fix and revise the competitive transition assessment in an amount sufficient at all times to: (1) Pay the principal of and the interest on
rate reduction bonds as the same shall become due and payable; (2) to pay all reasonable
and necessary expenses relating to the financing; and (3) to pay an electric company
stranded costs that are not funded with the proceeds of rate reduction bonds and interim
capital costs determined under subdivision (1) of subsection (e) of section 16-244g.
(e) The competitive transition assessment shall be charged to customers until the
rate reduction bonds are paid in full by the financing entity and stranded costs not funded
with the proceeds of rate reduction bonds are fully recovered by the electric company
or electric distribution company. Amounts collected from a customer shall be allocated
on a pro rata basis among (1) rates and charges described in subparagraph (A) of subdivision (2) of subsection (a) of section 16-245e, (2) rates and charges described in subparagraph (B) of subdivision (2) of subsection (a) of section 16-245e, and (3) other charges.
To the extent that the department, when issuing a financing order, determines that special
treatment on customers' bills is necessary or desirable to distinguish rates and charges
described in subparagraph (A) of subdivision (2) of subsection (a) of section 16-245e
from rates and charges described in subparagraph (B) of subdivision (2) of subsection
(a) of section 16-245e in order to facilitate the successful issuance and sale of rate
reduction bonds, it may so provide as part of such financing order.
(P.A. 98-28, S. 10, 117; Sept. 8 Sp. Sess. P.A. 03-1, S. 4.)
History: P.A. 98-28 effective July 1, 1998; Sept. 8 Sp. Sess. P.A. 03-1 amended Subsec. (a) to add exception from
contested case hearing requirement as provided in Sec. 16-245f, effective September 10, 2003.