Kansas Administrative Regulations
Agency 82 - KANSAS CORPORATION COMMISSION
Article 1 - RULES OF PRACTICE AND PROCEDURE
Section 82-1-231a - Filing requirements for rate proceedings by rural electric distribution cooperative systems providing service to fewer than 15,000 customers
Universal Citation: KS Admin Regs 82-1-231a
Current through Register Vol. 43, No. 52, December 26, 2024
(a) In lieu of filing a rate case application according to K.A.R. 82-1-231, any rural electric distribution cooperative with memberships of fewer than 15,000 may elect to prepare a less extensive application with schedules that are more appropriate to the operations of smaller utilities.
(b) Applications and evidence.
(1) The application and schedules shall be in
the form and substance permitted by the commission and shall include an
electronic application as described in K.A.R. 82-1-231(c)(3). The application
shall include the following:
(A) Supporting
schedules as required by the commission;
(B) a copy of the financial statements of the
rural electric distribution cooperative for a test year. These financial
statements shall have been audited by an independent certified public
accountant and an opinion rendered on them;
(C) a copy of the monthly REA form seven for
the test year; and
(D) a copy of
the most recent tariffs with penciled-in proposed changes. The test year
selected by the applicant may be disapproved by the commission for cause.
(2) A rate case
application shall not be considered under this regulation unless all of the
following conditions are met:
(A) The
commission has received written notice of the intent to file an application not
less than 30 and not more than 90 days before the application filing date.
(B) The applicant has met with
technical staff to inform the technical staff of the applicant's approximate
revenue requirement, any proposed changes in the apportionment of the revenue
requirement among rate classes, and any proposed rate design changes.
(C) The applicant has held a
public meeting, for which adequate notice was given, to inform its membership
of its intent to file an application and to allow its membership to comment.
The applicant's public meeting notice shall include a statement of applicant's
approximate revenue requirement, any proposed changes in the apportionment of
the revenue requirement among rate classes, and any proposed rate design
changes.
(3) Within 30
days of a third consecutive filing by an applicant under this regulation, a
determination shall be made by the commission as to whether the filing may
again be treated as an alternative filing under this regulation, or whether the
filing warrants an extended investigation under K.A.R. 82-1-231.
(c) General procedure.
(1) The technical staff shall meet with
applicant within 10 days after the application is filed to discuss the
technical staff's preliminary review of the application and the appropriateness
of addressing the application under this regulation.
(2) Any data request issued by the technical
staff shall be answered by the applicant within seven calendar days of
issuance. If the data request cannot be answered within seven calendar days,
the applicant shall provide the technical staff with a written explanation of
the failure to comply. The technical staff may conduct a field audit to verify
any information that the technical staff considers essential to a rate
proceeding.
(3) The technical
staff shall complete the audit of the application and forward a written
recommendation to the commission and to the applicant within 60 days after the
application is filed.
(4) If the
technical staff recommendation is to approve the application with modification
or to deny the application, the applicant may submit written comments, which
may include a request for hearing, to the commission within five days from
receipt of the technical staff's recommendation.
(5) The application shall be considered by
the commission within 15 days after receipt of the technical staff's
recommendation. The application may be ruled upon by the commission in any of
the following ways:
(A) Approved as filed;
(B) approved with modifications;
(C) suspended by the commission
pending an order setting the matter for hearing and directing the technical
staff to conduct a further investigation; or
(D) denied.
(6)
(A) If
the commission approves the application pursuant to paragraph (c)5(A) or
(c)5(B), an interim order seeking comment shall be issued within 25 days after
receipt of the technical staff's recommendation. The interim order shall be
subject to a comment period of 90 days. The applicant shall notify its
membership of the interim rates, interim rate design, and the comment period
within 20 days after the commission's issuance of the interim order.
(B) If at the close of the 90-day comment
period, substantial comment has not been received, a final order making the
temporary rates permanent shall be issued by the commission. If at the close of
the 90-day comment period, substantial comment has been received, further
investigation and hearing may be ordered by the commission.
(7) If the commission orders a
further investigation and hearing under paragraph (c)(5)(C) or (c)(6)(B), a
hearing date and dates by which parties shall file written testimony shall be
specified by the commission.
(d) Consideration of an application under this regulation may be suspended and converted to an application subject to K.A.R. 82-1-231 at any time during the proceeding and for good cause. Such a conversion may be made on the motion of the technical staff or the commission.
(e) For good cause shown, any requirements of this regulation may be waived by the commission.
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