[Amended by Ord. No. 930, 5-17-1994]
In consideration of the benefits to be derived from the installation
and operation of a gas distribution system in the City of Ralston,
Nebraska, (hereinafter sometimes designated as "City") by City and
its inhabitants, there is hereby granted to Peoples Natural Gas Company,
Division of UtiliCorp United Inc., a public service corporation duly
incorporated under the laws of the State of Delaware, and authorized
to do business in the State of Nebraska (hereinafter sometimes designated
as "Grantee"), its successors and assigns, the right, permission and
authority to lay, install, maintain and operate a gas transmission
and distribution system within the limits of said City, as the same
now exists or may be hereafter extended, for a period of 25 years
from and after the effective date of this Ordinance; and for this
purpose there is hereby further granted to Grantee the right, permission
and authority during said period to lay, install, maintain, and operate
in, upon, over, across and along all of the streets, avenues, alleys,
bridges and public places of said City all mains, services, pipes,
conduits and/or appliances necessary or convenient for transmitting,
distributing and supplying gas for heating, industrial, power and
other purposes for which gas may be used during the term hereof, and
for the purpose of transmitting, transporting and conveying such gas
into, through or beyond the immediate limits of City to other cities
and villages, and customers.
[Amended by Ord. No. 930, 5-17-1994]
All mains, services and pipes which shall be laid or installed
under this grant shall be so located and laid as not to obstruct or
interfere with any water pipes, drains, sewers, paving or other structures
already installed, and all such mains, services and pipes shall be
laid in place subject to the approval of the Committee on Streets
and Alleys of City or subject to the approval of such representative
as City may from time to time provide; provided that said mains, services
and pipes shall be laid in the alleys of said City where reasonably
practicable. Grantee shall, in the doing of any work in connection
with said mains, pipes and services, avoid, so far as may be practicable,
interfering with the use of a street, alley or other highway, and
where paving or surface of the street is disturbed, Grantee shall,
at its own expense, and in a manner satisfactory to the duly authorized
representatives of City replace such paving or surface of the street
or alley in as good condition as before said work was commenced.
[Amended by Ord. No. 930, 5-17-1994]
Grantee, its successors or assigns, shall make such reasonable
extensions of its mains, from time to time, and shall install services
to parties who have requested and received from grantee approved applications
therefor, located within the corporate limits of City. Provided, however,
that no obligation shall extend to, or be binding upon the Grantee,
to construct or extend its mains or furnish natural gas or gas service
within said City if grantee is, for any reason, unable to obtain delivery
of natural gas at or near the corporate limits of said City or an
adequate supply thereof to warrant the construction or extension of
its mains, for the furnishing of such natural gas or gas service;
provided, further, that when the amount of natural gas supplied to
grantee at or near the City limits of said City is insufficient to
meet the additional firm requirements of connected or new consumers,
grantees shall have the right to prescribe reasonable rules and regulations
for allocating the available supply of natural gas for such additional
firm requirements to domestic, commercial, and industrial consumers
in the order of priority.
[Amended by Ord. No. 930, 5-17-1994]
Grantee shall furnish and install for its customers reliable
meters and shall keep the same in repair without cost to the customer.
[Amended by Ord. No. 930, 5-17-1994]
Grantee shall be required and by the acceptance hereof, agrees
to save harmless the City and its inhabitants from and against all
claims and demands from all loss and expense incurred as a result
thereof, arising out of the negligence of grantee in the laying, installing,
removing, inspection or repair of any mains, pipes, services, or appliances
of grantee or in the use and operation thereof, during the term of
this Ordinance.
[Amended by Ord. No. 930, 5-17-1994]
This Ordinance shall be in full force and effect from and after
its passage and publication as required by law, and the acceptance
thereof by the grantee. If the grantee does not within 60 days following
passage of this Ordinance express in writing its objections to any
term or provisions contained therein, or reject this Ordinance in
its entirety, the grantee shall be deemed to have accepted this Ordinance
and the terms and conditions of the franchise contained therein.
[Amended by Ord. No. 930, 5-17-1994; Ord. 957, 2-27-1996]
Grantee, its successors or assigns, shall file and make effective
initially a schedule of rates for gas service and shall furnish gas
at the schedule of rates hereafter set forth or at such other reasonable
rates as may be hereafter established from time to time under the
Nebraska Municipal Natural Gas Regulation Act, Neb. Rev. Stat. 19-4601,
et seq. (1943).
1.
Firm Gas Service Rates.
a.
Availability. These rates are available only to domestic and commercial
customers whose maximum requirements for natural gas are less than
100,000 therms per day. Grantee shall not be required to serve any
customer at the following rates whose requirements amount to 100,000
therms or more per day. Grantee may negotiate price and other contract
terms with customers whose natural gas requirements exceed 50,000
therms per day.
|
Amount
| |
|---|---|
|
Residential Customers
| |
|
Monthly customer charge
|
$7.50 and
|
|
Rate per hundred therms
|
$0.10077
|
|
Commercial Customers
| |
|
Monthly customer charge
|
$11 and
|
|
Rate per hundred therms
|
$0.12109
|
|
The foregoing rates apply only when bills are paid on or before
20 days after the monthly billing date. When not so paid, a 1% per
month late fee will apply.
|
|
The above and foregoing rate shall be understood to be based
upon natural gas of the British Thermal Unit (BTU) heating value of
1,000 BTUs per cubic foot of gas. If in any monthly period the average
heating value of gas sold and delivered to the customers shall vary
from 1,000 BTUs, then the volumes of gas billed to the customers during
that month shall be multiplied by the factor of average heating value
in BTUs – 1,000 to adjust for the variance.
|
b.
Turn-On and Reconnect Fee. In addition to the other rates set forth
in this section, grantee may charge a $26 fee to initiate service
("turn-on fee") for each customer account and a $30 fee ("reconnect
fee") to reconnect service that has been discontinued or terminated
for nonpayment.
2.
Adjustment for Cost of Purchased Gas. In addition to the Firm Gas Service Rates set forth in Subsection 1 of this section, a separate charge per therm may be made for the monthly cost of purchased gas in the Purchased Gas Cost Adjustment, if the grantee (or any predecessor of grantee) has properly filed a natural gas supply-cost-adjustment rate schedule pursuant to Neb. Rev. Stat. 19-4609(1). Such Purchased Gas Cost Adjustment shall be computed monthly pursuant to the natural gas supply-cost-adjustment rate schedule filed by the grantee (or any predecessor of grantee) pursuant to Neb. Rev. Stat. 19-4609(1).
Any refund including interest thereon, if any, received by the
company from its supplier in respect of increased rates paid by grantee
subject to refund and applicable to natural gas purchased on a firm
supply basis for resale in Ralston, Nebraska shall be refunded to
its gas customers in the form of credits on such customers' bills,
or in cash, to the extent that such increased rates paid by the company
were passed on to such firm gas customers.
3.
Adjustment for Taxes. If, after the effective date of this section,
the business of grantee in Ralston, Nebraska shall be subjected to
any taxes measured by its gross revenues from the operation of such
business or the volume of such business or constituting a fee for
carrying on such business, or in the event that (a) the rate of any
such tax or (b) the amount of any such fee shall be increased after
the effective date of this section, the gas distribution company shall
be entitled to increase its charges under the aforesaid rates so as
to offset such imposition or impositions or such increase.
4.
General Rate Adjustment. The above provided for cost of purchased
gas and tax adjustments are apart from and shall not in any manner
limit or abridge either grantee's right to request or the Mayor and
City Council's authority to grant general rate adjustments increasing
or decreasing such rates.
5.
Interruptible Gas Service Rate.
a.
Availability. This rate is available only on a contract basis to
commercial or industrial customers whose use of natural gas is subject
to interruption and periods of curtailment for reasons including but
not limited to protecting the service of grantee's firm gas users.
b.
Rate. The rate of interruptible gas service shall be such rate as
may be mutually agreed upon between the customer and that gas service
company.
6.
Findings of Fact and Conclusions of Law. The Joint Findings of Fact
and Conclusions of Law, which were made a part of the official record
at an Area Rate Hearing, are hereby adopted. The Additional Findings
of Fact and Conclusions of Law which were made a part of the official
record by the Rate Area I Municipalities' Negotiating Team have been
considered and are hereby adopted. The Additional Findings of Fact
and Conclusions of Law which were made a part of the official record
by the grantee have been considered and are hereby rejected.
[Ord. No. 930, 5-17-1994]
This Ordinance shall constitute a binding contract between the City of Ralston, Nebraska, and Peoples Natural Gas Company, Division of UtiliCorp United Inc., a corporation, its successors and assigns, and shall be in full force and take effect (after written acceptance by grantee in accordance with the provisions of § 10-1106 hereinabove) upon approval and publication, which shall be within 15 days after passage.
[Ord. No. 816, 9-22-1987; Ord. No. 942, 7-18-1995]
The City Clerk shall charge and collect a filing fee of $1,000
upon a rate change filing made by Peoples Natural Gas Company.
As used in this article, unless the context otherwise requires:
1.
AREA RATE – Shall mean the rate charged for natural gas service
to a class of customers located within a Municipality as determined
from the cost of service for the rate area;
2.
BASE YEAR – Shall consist of either the most recent calendar
year or a consecutive twelve-month period ending not more than six
months prior to the date of filing;
3.
COUNTABLE DAYS – Shall mean those calendar days not subject
to suspension as provided for in the Municipal Natural Gas Regulation
Act;
4.
CUSTOMER – Shall mean any noninterruptible purchaser of natural
gas within a Municipality with requirements of less than 100,000 cubic
feet of natural gas per day;
5.
DATE OF FILING – Shall mean the first day of the month following
the date the rate filing is received by the office of the Clerk of
each Municipality in the rate area;
6.
DATE OF FINAL ACTION – Shall be the date upon which the last Municipality in a rate area adopts or fails to adopt a rate ordinance under a rate filing or the 180th day, counted as provided in § 10-1114 of this article, whichever comes first;
7.
DISTRICT COURT – Shall mean the district court of Lancaster
County;
8.
JUDICIAL REVIEW – Shall mean, but shall not be limited to,
injunctive relief and other equitable relief;
9.
INTERIM RATES – Shall mean the newly filed rates charged by
a utility for natural gas after the 90th countable day following the
date of filing but prior to final action by the Municipality on the
rate filing;
10.
MUNICIPALITY – Shall mean any City of the Primary Class, City
of the First Class, City of the Second Class, or Village in Nebraska
or, when the context requires, any combination of the same acting
in concert in a properly created rate area;
11.
NATURAL GAS – Shall mean either unmixed natural gas or any
mixture of natural gas with one or more artificial gases and other
hydrocarbons;
12.
RATE – Shall mean every compensation, charge, fare, toll, tariff,
rental, late payment charge, or classification which is demanded,
observed, charged, or collected by a utility for natural gas and any
rules affecting any such compensation, charge, fare, toll, tariff,
rental, late payment charge, or classification;
13.
RATE AREA – Shall mean the Municipalities within a geographic area within the State which is properly established under § 10-1113 of this article for the purpose of determining an area rate applicable to the customers within the Municipalities within the rate area. A rate area shall be served by a single utility through a common pipeline system from the same natural gas supply source within the common system for which the utility has similar costs for serving customers;
14.
RATE FILING – Shall mean the formal application by a utility for a change in rates together with the information required by § 10-1118 of this article;
15.
TEST YEAR – Shall mean either a consecutive 12 period commencing
on the proposed effective date of the rate increased or a base year
adjusted for known and measurable changes; and
16.
UTILITY – Shall mean any investor-owned utility maintaining
and operating a natural gas distribution system within a Municipality
in this State.
(Ref. 19-4602 RS Neb.)
A utility shall be subject to (1) all rights, powers, and authority
now or hereafter possessed by a Municipality to regulate rates charged
by the utility for natural gas service to customers within the Municipality,
(2) all provisions of this article, and (3) when not inconsistent
with subdivision (1) or (2) of this section, the provisions of any
validly executed franchise agreement. (Ref. 19-4603 RS Neb.)
1.
Every rate made, demanded, or received by any utility shall be just and reasonable. Rates shall not be unreasonably preferential or discriminatory and shall be reasonably consistent in application to a class of customers and to a rate area. Rates negotiated under Subsection 3 of this section shall not be considered discriminatory.
2.
No utility shall, as to rates or service make or grant any unreasonable
preference or advantage to any person or subject any person to any
unreasonable prejudice or disadvantage.
3.
A utility may negotiate price and other contract terms with customers
whose natural gas requirements exceed 50,000 cubic feet per day.
(Ref. 19-4604 RS Neb.)
A utility shall provide to each Municipality it serves, for
informational purposes, copies of rate schedules for all rates charged
customers and the requirements for service under such schedules within
the Municipality. The schedules shall also show the natural gas supply
costs and natural gas supply cost adjustments included in the total
end rate. (Ref. 19-4605 RS Neb.)
1.
Except as provided in Subsection 5 of this section, each utility providing service to customers within a Municipality in this State which intends to include a Municipality within a rate area shall file notice of proposed area boundaries with the office of the Clerk of each affected Municipality. There shall be no filing fee charged for filing the notice. The notice shall include an explanation of how the boundaries of the rate area were determined and a map showing the boundaries of the rate area. Each time a new rate area is established or the boundaries of rate area are changed, all Municipalities in the rate area shall receive notice.
2.
A Municipality shall have 60 days after the notice of proposed area
boundaries is filed to accept or reject its inclusion within the rate
area. Failure of the Municipality to accept or reject its inclusion
within the boundaries of the proposed rate area within the sixty-day
period shall be deemed acceptance. Rejection of the boundaries may
be appealed by the utility to the District Court. The court shall
determined the reasonableness of the inclusion of the Municipality
within the rate area or the reasonableness of the boundaries. If more
than one Municipality within a rate area rejects the boundaries, all
appeals by the utility shall be joined in a single action except upon
good cause shown by a Municipality to have its rejection heard separately.
The court may accept or reject the boundaries but may not draft boundaries
of its own.
3.
After a rate area has been accepted, (a) all rate filings shall be
initiated simultaneously in each Municipality within the rate area
and (b) area rates shall be deemed appropriate for each Municipality
within the rate area.
4.
If area rates are applied to Municipalities in a rate area which do not have uniform rates for customers on the effective date of this article, the rates in each Municipality shall be adjusted in a manner which equalizes the rates in all Municipalities in the rate area. Such equalization of rates shall be established by January 1, 1992, or in the first rate case filed after such date by the utility under § 10-1117 of this article.
5.
Any utility proposing to increase rates on any areawide basis within 90 days of the effective date of this article shall be permitted to make a rate filing based on proposed area boundaries before a final determination of area boundaries is made as provided in this section. The requirements of this article shall be complied with fully, except that the time periods provided for proposed rate area boundary determinations in this section and the time periods provided for area rate filing shall run concurrently and not consecutively. In the event that the rate area boundaries are ultimately determined to be other than those that formed the basis for the rate filing, the Municipality may request that an amended rate filing based on the final rate area boundaries be provided. In no event shall the filing of the notice of proposed area boundaries provided for in Subsection 1 of this section be made later than the date of filing of the rate filing. Nothing in this Subsection shall suspend the time periods provided for in § 10-1114 of this article from the date of the rate filing. Rate filings under this Subsection shall not be subject to § 10-1115 of this article, except that a utility shall provide as much prior notice of a proposed rate filing as it reasonably can.
(Ref. 19-4606 RS Neb.)
1.
No utility shall impose, charge, or collect any rate upon its customers
until such time as any proposed rate has been finally determined,
except that a utility shall have the right to collect interim rates,
subject to refund, if the Municipality has not taken final action
to allow the rate increase within 90 countable days of the date of
filing for the increase. The rates requested in the rate filing shall
become final and no longer subject to refund if the Municipality has
not taken final action within 180 countable days of the date of filing.
2.
If the utility takes timely action to initiate judicial review of the rates adopted by a Municipality as provided in § 10-1123 of this article, the utility shall be permitted to continue to collect interim rates from the date the rates are adopted by the Municipality until a rate ordinance adopted by the Municipality is affirmed by the district court or accepted by the utility subject to refund as provided in this section.
3.
Upon final order of the district court, when no further appeal to the Supreme Court is pursued, or upon acceptance by the utility of a lower rate than that being collected, a utility shall, within 60 days of such final order or acceptance, refund the difference between the rate found proper or agreed to and the rate collected, plus interest on such amount as provided in Subsection 4 of this section.
4.
Any amounts refunded pursuant to this section shall bear interest
fixed at a rate equal to 1 1/2% points above the rate, calculated
pursuant to § 45-103 RS Neb., in effect on the date of final
determination of the rates by the Municipality.
5.
Upon final determination of rates following the exhaustion of all
appeals, the utility shall be permitted to recover the amount of revenue
which would have been produced had the finally determined rates been
in effect throughout the period following the decision by the district
court until the final rates were adopted by the Municipality. In the
event that the revenue actually collected by the utility through interim
rates is less than that which would have been collected had the final
rates been effective throughout such period, the utility shall be
permitted to recover the deficiency plus interest at the rate provided
in this section through a surcharge on customer billings over a reasonable
period not to exceed 12 months. In the event that the revenue actually
collected by the utility through interim rates exceeds that which
would have been collected had the final rates been effective throughout
such period, the utility shall refund the excess with interest as
provided in this section.
(Ref. 19-4607 RS Neb.)
The utility shall notify the Municipality of its intent to change
the rates charged to customers in the Municipality under the provisions
of this article by filing a notice of proposed filing with the office
of the Clerk of the Municipality at least 60 days prior to the date
of filing of any request for change. (Ref. 19-4608 RS Neb.)
1.
A utility shall be permitted to file and implement natural gas supply-cost-adjustment
rate schedules which provide for adjustment and collection of rates
to reflect changes in natural gas supply costs for natural gas sold
in the Municipality.
2.
The Municipality may review natural gas supply-cost-adjustment rate schedules. The Municipality shall initiate such review by resolution of the Governing body and shall provide a copy of the resolution to the utility at least 30 days prior to the hearing on the issue. The Municipality may request and the utility shall provide all documents and workpapers supporting the actually purchased natural gas adjustment amounts charged customers. The Municipality shall give the utility at least 30 days' prior notice of the time and place of the hearing and a copy of the proposed findings of fact. If after review and hearing the Municipality concludes that the utility is charging more than the amount allowed by the natural gas supply-cost-adjustment rate schedule, the Municipality shall order the utility to refund excess amounts collected from customers plus interest at the rate provided for in § 10-1114 of this article. The utility may initiate judicial review of such an order by a Municipality, and if it does so, the order of the Municipality shall not take effect during the pendency of such review. The provisions of Subsection 5 of § 10-1114 of this article shall be applicable to this section.
3.
Any refund, including interest thereon, if any, received by the utility
with respect to natural gas purchased under a Federal Energy Regulatory
Commission natural gas tariff at the border station of a Municipality
related to increased rates paid by the utility, subject to refund,
and applicable to natural gas purchased for resale within the Municipality
shall be passed on to presently served customers by an appropriate
adjustment shown as a credit on subsequent bills during a period selected
by the utility, not to exceed 12 months, or by a cash refund at the
option of the utility. Refunds unpaid after 60 days from the date
of receipt by the utility shall bear interest at the rate set in Section
45-103 RS Neb.
4.
Nothing contained in this section shall change or modify existing natural gas supply-cost-adjustment rate provisions in an ordinance or franchise agreement without the review specified in Subsection 2 of this section. The Municipality may initiate an action to change the purchased natural gas supply-cost-adjustment rate schedules under § 10-1125 of this article.
(Ref. 19-4609 RS. Neb.)
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 Municipality copies of present and proposed rate schedules and information supporting the proposed rates for natural gas service within the Municipality as required by § 10-1118 of this article.
2.
The Municipality may charge and collect a filing fee for a rate filing.
Such fee shall not exceed:
a.
For a City of the First Class, $1,000.
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 § 10-1118 of this article has not been filed with the Municipality. 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 Municipality 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 Municipality. After receipt of the resolution, the utility shall have 15 days to remedy the deficiencies stated in such resolution and the time periods under § 10-1114 of this article shall not be suspended during such fifteen-day period. If the Municipality has not received the information to cure the deficiencies within the fifteen-day period or within such additional period of time as may be agreed to by the utility and the Municipality, 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 Municipality 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 § 10-1114 of this article, 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 § 10-1114 of this article shall run from the date of filing.
(Ref. 19-4610 RS Neb.)
When making a rate filing, the utility shall provide to the
Municipality 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;
3.
Except as provided in Subsection 2 of § 10-1120 of this article, 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:
1.
The Municipality, in the exercise of its power under this article
to determine just and reasonable rates for public utilities, shall
give due consideration to the public need for adequate, efficient,
and reasonable natural gas service and to the need of the utility
for revenue sufficient to enable it to meet the cost of furnishing
the service, including adequate provisions for depreciation of its
utility property used and useful in rendering service to the public,
and to earn a fair and reasonable return upon the investment in such
property.
2.
Cost of service shall include operating expenses and a fair and reasonable
return on rate base, less appropriate credits.
3.
In determining a fair and reasonable return on the rate base of a
utility, a rate of return percentage shall be employed that is representative
of the utility's weighted average cost of capital including, but not
limited to, long-term debt, preferred stock, and common equity capital.
4.
The rate base of the utility shall consist of the utility's property,
used and useful in providing utility service, including the applicable
investment in utility plant, less accumulated depreciation and amortization,
allowance for working capital, such other items as may be reasonably
included, and reasonable allocations of common property, less such
investment as may be reasonably attributed to other than investor-supplied
capital unless such deduction is otherwise prohibited by law.
5.
Operating expenses shall consist of expenses prudently incurred to
provide natural gas service including a reasonable allocation of common
expenses.
6.
In determining the cost of service, the Municipality shall give effect
to all costs and allocations upstream of the town border station of
the utility as reflected in the rate schedules approved by the Federal
Energy Regulatory Commission or its successor.
(Ref. 19-4612 RS Neb.)
1.
For utilities using a base year adjusted for known and measurable
changes, the utility shall provide at the time of filing explanations
of the adjustments used to arrive at known and measurable changes.
For utilities using a projected test year, the utility shall provide
at the time of filing the assumptions underlying its projected test
year.
2.
A Municipality may not reject a utility's rate filing for failing to provide beginning balances for the rate base of the base year and test year under Subdivision 3 of § 10-1118 of this article if the utility states at the time of filing that the rate base which it proposes to use for ratemaking purposes properly matches the number of customers, sales volume, expenses, and any other relevant factors and provides supporting explanations and data.
(Ref. 19-4613 RS Neb.)
1.
After a rate filing has been filed with a Municipality, the Municipality
may request supplemental information from the utility relevant to
the rate filing. As used in this section, relevant or relevance shall
relate only to the limitations on information requests that are authorized
by this section. Relevant supplemental information shall relate to
factors involved in setting appropriate rates. The utility shall not
be required to perform analyses or analytical studies of information
in responding to requests for supplemental information. Historical
data more than one calendar year older than the date of the last general
rate filing shall be presumed to be irrelevant except to the extent
that such data was utilized by the utility in the rate filing. Requests
for data related to the management, operations, and profitability
of affiliated businesses or operations of the utility shall be presumed
irrelevant except to the extent such requests relate to the question
of whether the Municipal customer is subsidizing the cost of the affiliate.
Data from any report or records or data required by the Federal Energy
Regulatory Commission to be kept by the utility are presumed to be
relevant. Any records of the utility used in filings or in the preparation
of filings to the Federal Energy Regulatory Commission shall be open
for inspection by the Municipality or its agents at the utility's
principal place of business during regular business hours.
2.
All supplemental information requests shall be made as soon as reasonably possible after the filing. The utility shall respond completely and faithfully to any relevant request for supplemental information and shall make a good faith effort to respond within 20 days of receipt of such requests. Except as provided in Subsection 3 of this section, failure to so respond shall suspend the running of the 180-day time period provided for in § 10-1114 of this article until the supplemental information is provided. Such suspension shall not affect the calculation of time for the imposition of interim rates.
3.
Request for supplemental information made by a Municipality shall be subject to appeal to the district court. The court shall review the request and enter an order requiring the utility to respond or rejecting the request based on the standards set forth in this section. Any appeal from a supplemental information request shall suspend the running of the 180-day time period provided for in § 10-1114 of this article during the pendency of such appeal unless the Court rules that the request was irrelevant. Such suspension shall not affect the calculation of the time for the imposition of interim rates.
(Ref. 19-4614 RS Neb.)
Notice of filings for any rate increase under this article shall
be given within 30 days of filing by publication by placing a notice
to the public of the proposed change in a newspaper having general
circulation in the Municipality, except that a utility may provide
notice to the public by mailing such notice by United States mail,
postage prepaid, to the billing address of each directly affected
customer or by including the notice in such customer's bill in a conspicuous
form. An affidavit signed by an official of a utility and describing
the method of publication of the notice shall be filed with the office
of the Clerk of the Municipality. The notice shall contain:
1.
A report specifying the reasons supporting any action recommended
to the Municipality by the Municipal staff or any agent or employee
employed by or on behalf of the Municipality to assist it in rate
regulation shall be provided to the Municipality and the utility within
120 countable days of the date of the rate filing. Relevant information
requests regarding the report may be made by the utility to the Municipality
and shall be responded to as soon as reasonably possible prior to
the date for the filing of the rebuttal.
2.
Within seven countable days after receipt of the report, the utility and the Municipality identified in § 10-1124 of this article may mutually agree to discuss resolution of the rate filing issues and may mutually agree to suspend the date of final action and time periods set forth in this article for a period not to exceed 30 days.
3.
Within 14 countable days after receipt of the report, the utility
shall file its rebuttal. Relevant information requests regarding the
rebuttal may be made by the Municipality to the utility and shall
be responded to as soon as reasonably possible prior to the area rate
hearing provided for in this section.
4.
No sooner than seven days after the utility files its rebuttal, an area rate hearing shall be held in the Municipality having the largest number of customers in the rate area. Such hearing shall be conducted by a Hearing Officer appointed by the Municipality identified in § 10-1124 of this article. Such Hearing Officer shall have experience in the conduct of hearings so as to insure the fair, impartial, and expeditious conduct of the proceedings and the creation of a record of the proceedings. The utility shall be given written notice of such rate hearing and the name of the Hearing Officer by the end of the 128th countable day after the date of filing. The Municipalities and the utility shall be granted the opportunity at such hearing to call witnesses, present evidence, cross-examine witnesses, and argue the evidence. Prior to such hearing, the Hearing Officer shall establish procedures for the conduct of the hearing to comply with this provision. The utility shall present as evidence at the hearing all the information which it desires to have considered by the Municipality in its consideration of the rates to be adopted. Following the hearing, the utility and the Municipalities shall provide to the Hearing Officer their proposed findings of fact and conclusions of law. A Certified Court Reporter shall be present at the hearing and shall prepare a transcript of the proceedings.
5.
The official record of the hearing shall consist of the rate filing,
all reports, all evidence presented by the utility and the Municipalities,
all documents and information presented at the hearing, the transcript
of the proceedings, and the proposed findings of fact and conclusions
of law presented to the Hearing Officer by the Municipalities and
the utility. A copy of the official record shall be transmitted by
the Hearing Officer to each Municipality in the rate area.
6.
Following the hearing and within 180 countable days of the date of
filing, each Municipality within the rate area shall take final action
on the rate filing by adopting findings of fact and conclusions of
law and a rate ordinance based on such findings and conclusions. If
the Municipality does not take action within that 180 countable day
period, the rates filed by the utility in its rate filing shall become
final and no longer subject to refund. Notwithstanding any other provisions
of State law or any local ordinance, the adoption of a rate ordinance
shall require no more than a vote of a majority of the elected members
of any Governing Body of a Municipality made at one public meeting
after compliance with public notice requirements and a public hearing
on the proposed ordinance.
7.
Within 30 days of the date of final action by the Municipalities
within a rate area, a utility may initiate proceedings for judicial
review of the decision of any Municipality in the rate area to the
district court. At the time the utility initiates action for judicial
review, it shall join in such action as parties all Municipalities
in the rate area whose actions are being challenged.
8.
In no event shall the district court render a decision upon a judicial
review of Municipal action later than 180 days after the filing of
the action.
9.
The utility shall, within 30 days of the date of final action, unless it takes timely action to initiate judicial review, implement the rates established by the action of the Municipality and shall, within 60 days of such action, make refunds, if any, with interest as provided in § 10-1114 of this article.
(Ref. 19-4616 RS Neb.)
1.
The Municipal Natural Gas Regulation Revolving Loan Fund shall be
used to make loans to Municipalities for rate regulation and to pay
the costs of administration. The fund shall consist of money appropriated
from the Nebraska Energy Resource Fund and money from repayment of
loans. The fund shall be administered by the Policy Research Office
which shall adopt and promulgate rules and regulations to carry out
this Subsection. The rules and regulations shall include:
a.
Loan application procedures and forms; and
b.
Fund-use monitoring and quarterly accounting of fund use.
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Applicants for a loan from the fund shall provide a budget statement which specifies the proposed use of the loan proceeds. Such proceeds may only be used for the costs and expenses incurred by the Municipality to analyze rate filings and establish areawide rates and to finance litigation costs of any appeals. Such costs and expenses may include the cost of rate consultants, attorneys, hearing officers, preparation of transcripts and hearing records provided for by this article, expert witnesses, and any other necessary costs related to the conduct and administration of the hearing provided for in Subsection 4 of § 10-1123 of this article. One loan may be made under this Subsection to each rate area, and such loan shall be made to the applicant representing the largest number of customers. All loans made under this Subsection shall be paid by the utility to the Policy Research Office within 30 days of being billed by the office. The utility may recover the amount paid on a loan through a special surcharge on customers which may be billed on the monthly statements for up to a twelve-month period to be shown on the statements as a charge for rate regulation expense.
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2.
The Municipal Natural Gas Regulation Revolving Loan Fund shall be
audited as part of the regular audit of the Policy Research Office
budget and copies of the audit shall be available to all Municipalities
and any utility supplying natural gas in this State.
3.
Any money in the Municipal Natural Gas Regulation Revolving Loan
Fund available for investment shall be invested by the State Investment
Officer pursuant to Sections 72-1237 to 72-1269 RS Neb. If the fund
balance exceeds $400,000, the income on the money in the fund shall
be credited to the permanent school fund until the balance of the
Municipal Natural Gas Regulation Revolving Loan Fund falls below such
amount.
4.
A Municipality which receives a loan under this section shall be
responsible to provide for the opportunity for all other Municipalities
to participate in all rate area activities. Such Municipality shall
not exclude any other Municipality in the rate area from the information
or benefits accruing from the use of the loan funds.
(Ref. 19-4617 RS Neb.)
1.
Once in any thirty-six-month period, one or more Municipalities in each rate area may initiate a proceeding for a review and possible adjustment in rates to conform such rates to the standards of § 10-1119 of this article by the introduction of a resolution for such purpose. The Municipality shall provide to the utility seven days' prior written notice of the meeting at which such resolution is to be considered and a copy of the proposed resolution. Following adoption of the resolution, the Municipal Clerk shall send a copy of the resolution by certified mail to the utility. The Municipality may request the information required by § 10-1118 of this article to be provided by the utility within 120 days of the receipt of the notice unless otherwise agreed. Following filing of the information required in § 10-1118 of this article, the Municipality may make additional requests as provided in § 10-1121 of this article. The utility shall be provided with a copy of any reports and analyses prepared for the Municipality in its consideration of a rate adjustment. To the fullest extent possible, the general procedures provided for in Subsection 1 to 6 of § 10-1123 of this article shall be followed by the Municipality and the utility, except that calculations of time periods shall be from the date on which the Municipality receives the information specified in § 10-1118 of this article and not from the date of filing. Nothing in this Subsection shall require the participation in the proceedings of every Municipality in the rate area. During the pendency of all proceedings under this section and through the period of judicial review of those proceedings, the rate in effect prior to the time the Municipality adopts the resolution provided for in this section shall remain in effect. The provisions of Subsection 5 of § 10-1106 of this article shall be applicable to this section.
2.
Except as provided in this article, no Municipality shall be entitled to any filing fees or assessments against the utility when the Municipality initiates a rate adjustment nor shall the Municipality receive a loan under § 10-1116 of this article for such purposes. If the utility initiates judicial review of the decision of a Municipality under this section and the court upholds the decision of the Municipality, the court may award the Municipality litigation expenses to include attorney's fees, expert witness fees, consultant fees and such other related expenses as the court finds to be properly related to the judicial review. Any action for judicial review shall be initiated in the district court. If appropriate resolutions are adopted by Municipalities representing 70% or more of the customers in the rate area initiating a proceeding for review and possible adjustment of natural gas rates, the applicant representing the largest number of customers shall be given a loan for such purposes upon the terms of § 10-1116 of this article.
(Ref. 19-4618 RS Neb.)
To the extent not inconsistent with the provisions of this article,
the rules of civil procedure and discovery shall apply. Review of
the decisions of the district court under the article shall be by
appeal to the Supreme Court. (Ref. 19-4619 RS Neb.)
All actions and proceedings under this article which are heard
by the District Court or the Supreme Court shall be expedited for
hearing and decision by the appropriate court as soon as the issues
and parties are properly before such court. Such proceedings and actions
shall be preferred over all other civil cases irrespective of position
on the calendar. (Ref. 19-4620 RS Neb.)
1.
Every utility shall be required to keep and render its books, accounts,
papers, and records accurately and truthfully in accordance with the
systems of accounts prescribed by the Federal Energy Regulatory Commission
or its successor.
2.
All accounting information provided by utilities to Municipalities
shall be presented in accordance with the system of accounts prescribed
by the Federal Energy Regulatory Commission.
(Ref. 19-4621 RS Neb.)
Customers of the utility in a rate area shall have the right to appear, participate and present testimony at the hearing provided for in § 10-1123 of this article and shall have such evidence considered by the Municipalities in the rate determination. When the interests of any customers are substantially similar, the Hearing Officer may provide that such class of customers join in presentation of the evidence at the hearing so as to expedite the proceedings. Customers who desire to present testimony and participate at the hearing shall follow the requirements for Municipal staff or agents as provided in Subsection 1 of § 10-1123 of this article. All customers shall be provided with notice of these rights, which notice shall be provided by the utility in the notice required by § 10-1122 of this article. (Ref. 19-4622 RS Neb.)
The provisions of this article shall not be enforced retroactively
from the effective date of this article. Any rate filing made prior
to such date shall be governed by the law existing on the date the
rate filing was made. (Ref. 19-4623 RS Neb.)
[1]
Editor's Note: Former § 10-1131, previously codified
herein and containing portions of Ordinance No. 1075, was repealed
in its entirety by Ordinance No. 1114.
