Current through Register Vol. 56, No. 18, September 16, 2024
(a) Filings or petitions
for the purpose of making tariff effective or for making revisions, changes, or
alterations of existing tariffs which propose to increase any rate, fare, toll,
rental, or charge or to alter any classification, practice, rule, or regulation so
to result in such an increase (other than filings to effectuate the operation of an
existing fuel adjustment clause) shall conform to the provisions of N.J.A.C. 16:65-3
and 4.1 through 4.5, to the extent applicable, and shall in the body of the filing
or the petition or in attached exhibits, contain all applicable information and data
set forth in 16:65-4.11, and shall contain the
following:
1. A comparative balance sheet for the
most recent calendar or fiscal three-year period;
2. Comparative income statement for the most
recent calendar or fiscal three-year period;
3. Most recent balance sheet;
4. A statement of the amount of revenue derived in
the last calendar year preceding the institution of the proceedings from the
intrastate service rendered, the rates, tolls, fares or charges, which are the
subject matter of the filing;
5. A pro
forma income statement indicating the operating income at present and proposed rates
and an explanation of all adjustments on the statement, as well as calculation
showing the indicated rate of return on the average net investment (for the same
period as that covered by the pro forma income statement), that is, investment in
plant facilities plus supplies and working capital to the extent claimed, less the
reserve for depreciation and advances and contributions for facilities. A request
for rate relief based upon
48:2-21.2 shall contain, in lieu of the
foregoing requirements, a statement that the facts meet the requirements of
48:2-21.2.
i. After the Department determines the amount of
any rate relief, but prior to the acceptance of the new tariffs, a party will be
heard on issues relating to the design of the proposed tariffs, if a party, within
five days of the filing of the proposed rate design, files a written statement of
its position on matters to be heard. No new evidence shall be submitted except by
permission of the Department and the party shall address only matters in the
existing record. The Department may set oral argument on short notice concerning
rate design issues.
ii. A utility may
file, in addition to the proposed new rates, alternative rate changes designed to
produce the full revenue request, which alternatives are illustrative of the
application of other possible rate designs to the filing;
6. An itemized schedule showing all payments or
accruals to affiliated companies or organizations and to those who own in excess of
five percent of the utility's capital stock regardless of the form or manner in
which such charges are paid or accrued and an explanation of the service performed
for such charges; and
7. A copy of the
form of notice to customers.
(b) Financial statements shall be prepared in
accordance with generally accepted accounting principles.
(c) Each utility, unless otherwise ordered or
permitted by the Department, shall give notice as follows:
1. Serve a notice of the filing and a copy of the
proposed tariff or a copy of the petition or a statement of the effect of the
proposed filing upon the municipal clerk in each of the municipalities in which
there is rendered a regular route service, the charge for which is proposed to be
increased;
2. Serve a notice of the
filing and two copies of the petition or tariff on the Director, Division of
Ratepayer Advocate, Department of the Public Advocate, or its successor agency;
and
3. Post notices of the filing in the
stations, in cars on the affected route of the utility, and by publication in
newspapers published and circulated in the utility's service area.
(d) Each utility, after being advised
by the Department or the Office of Administrative Law of the time and place fixed
for hearing, if any, and unless otherwise ordered or permitted by the Department or
the Office of Administrative Law, shall serve notice of the hearing at least 20 days
prior to such time on those persons specified in (c) above, and shall give notice to
those persons designated in (c)3 above, no more than 30 days and no less than 20
days prior to the date set for the hearing, in newspapers published and circulated
in the utility's service area and by posting in the stations, and cars on the
affected route, at least 20 days prior to the date set for hearing. Such notices
shall remain posted in the vehicles through the hearing date.
(e) Notice shall be at the cost and expense of the
party obligated to give or serve the notice.
(f) Proof of service and notice shall be filed
with the Department at least five days before the date set for hearing.
