§ 39-1-26 - Public utilities reserve fund created – Appropriations – Recovery of expenses from utility companies.
SECTION 39-1-26
§ 39-1-26 Public utilities reserve fundcreated – Appropriations – Recovery of expenses from utilitycompanies. – (a) There is hereby created a fund to be known as the public utilities reserveaccount, an account within the public utilities commission in the general fund.Such account, hereinafter referred to as the "fund", shall be used for thepurpose of providing the financial means for the commission and division topurchase materials, and to employ on a contract or other basis, legal counsel,official stenographers, engineers, accountants, economists, and other expertwitnesses, and for other necessary expenses of the commission and division ininvestigations and hearings related to applications and filings made by publicutilities, or commission or division initiated investigations into utilityoperating practices, or appeals to federal courts. The general assembly shallannually appropriate to the fund a sum equal to twenty-five one thousandths ofone percent (.00025%) of the gross annual operating revenues of gas, electric,and telephone companies attributable to their conduct of intrastate operationsin this state during the year next preceding; provided, however, that if atJune 30, in any year the balance in the fund shall be in excess of one hundredthousand dollars ($100,000), the amount of the excess shall forthwith betransferred to the general fund of the state. Prebilled revenue shall beexcluded from an excess balance to be transferred to the general fund. Thestate controller is authorized and directed to draw his or her orders upon thegeneral treasurer for the payment from the fund of such sums as may be requiredfrom time to time upon receipt by him or her of proper vouchers approved by theadministrator.
(b) The public utility making an application or filing to thecommission or division, or subject to a commission or division initiatedinvestigation, or any public utility distributing electricity or gas whoseretail rates would be affected by a filing made by the administrator or afederally regulated electric or gas company before an agency of the federalgovernment or a federal court, shall be charged with and shall pay a portion ofthe expenses reasonably so incurred by the commission and by the division forthe purchase of materials and for the employment of legal counsel, officialstenographers, engineers, accountants, and expert witnesses, and for travel andother necessary expenses as are reasonably attributable to the investigation orthe hearing of the proposal by the commission and the division, or to theadministrator's representation of the state before the agency of the federalgovernment. The administrator or the commission chairperson as appropriate,shall ascertain the expenses and shall determine the amount to be paid by thepublic utility company or companies, and bills shall be rendered thereforeither at the conclusion of the investigation or hearing, or from time to timeduring its progress, and the amount of each bill so rendered shall be paid bythe public utility to the administrator or the commission, as appropriate,within thirty (30) days from the date of its rendition unless, within thethirty (30) day time period, the public utility so billed shall request anopportunity to be heard by the commission as to the amount thereof. Thecommission shall comply with any such request. Any amount of the bill not paidwithin thirty (30) days from the date of service of the determination upon thehearing, or, if none shall be requested, within thirty (30) days from the dateof rendition of the bill, shall draw interest at the rate of twelve percent(12%) per annum. At the discretion of the administrator, or the commissionchairperson, as appropriate, utility companies may be prebilled for contractualservices utilized by the commission or division. Any revenue received frompublic utilities not expended upon the completion of the case will be promptlyreimbursed to the utility company. The total amount which may be charged to anypublic utility under authority of this section for proceedings before thecommission or division in any calendar year shall not exceed five hundredthousand dollars ($500,000), provided that any indirect cost recoveryobligations pursuant to § 35-4-27 shall constitute a separate andadditional assessment to public utilities to be added to the foregoing expenseassessment limit; in addition, the total amount which may be charged againstany public utility under authority of this section for the administrator'srepresentation of the state before agencies of the federal government in anycalendar year shall not exceed five hundred thousand dollars ($500,000). Allmoneys collected by the administrator or the commission pursuant to thissection shall be paid by him or her monthly to the general treasurer to beadded to the public utilities reserve fund.
(c) The division of public utilities shall adopt byregulation, a fee schedule for all telecommunications filings, includinginitial applications and annual registrations, by telecommunications providerswhich are not otherwise subject to the provisions of subsections (a) or (b) ofthis section. The money assessed and paid shall be paid into the general fundand shall not be a part of the public utilities reserve fund.
(d) The general assembly shall annually appropriate such sumsas it may deem necessary for the salaries of the commissioners and theirexpenses incurred in the performance of their duties, and for the operations ofthe commission and the division and payment of such office expenses andassistance as from time to time may be required. The state controller isauthorized and directed to draw his or her orders upon the general treasurerfor the payment of such sum, or so much thereof, as may be required from timeto time upon receipt by him or her of vouchers approved by the administrator orhis or her authorized agent.