Oklahoma Administrative Code
Title 165 - Corporation Commission
Chapter 65 - Water Service Utilities
Subchapter 9 - Records, Reports, and Filing Requirements
Section 165:65-9-11 - Relief from rate increase requirements
Current through Vol. 41, No. 13, March 15, 2024
(a) Water utilities, having less than $400,000 in annual gross revenue within the state, shall not be subject to the requirements of OAC 165:70-7-4 rate regulation as prescribed in Chapter 70, the general rate regulation requirements, unless a water utility proposes an increase in rates and charges which exceeds a fifteen percent (15%) annual increase in revenue, based on the previous twelve (12) months gross revenue generated by the existing water usage rates.
(b) A water utility may not submit more than two (2) consecutive annual submissions using the provisions of this Subchapter, nor may a water utility submit more than three (3) submissions within the most recent five (5) year period using the procedures set forth in this Subchapter.
(c) Each water utility desiring to increase its water rates pursuant to this section shall provide notice to its water customers in no less than two (2) billing cycles with the second notice being given at least sixty (60) calendar days before the effective date of the proposed rate increase. Notice shall be made by regular mail or personal service and be included with each customer's regular bill. Notice to the water utility's customers shall include the following:
(d) Each water utility desiring to increase its water rates pursuant to this section shall notify the Commission at least seventy-five (75) calendar days before the effective date of the proposed rate increase. Notice to the Commission shall include the following:
(e) If, thirty (30) calendar days prior to the effective date of this proposed increase in rates and charges, the Commission has received petitions from fewer than fifteen percent (15%) of the affected customers, requesting that the Commission examine the proposed increase in rates and charges, the Commission shall notify the water utility that the rate increase may be implemented on the proposed effective date and shall apply to all bills normally rendered on and after the effective date.
(f) If, thirty (30) calendar days prior to the effective date of the proposed increase in rates and charges, the Commission has received petitions from fifteen percent (15%) or more of the affected customers, then the Commission shall notify the water utility that it will examine and determine the reasonableness of the proposed increase in rates and charges and the rate increase may not be initiated until the Commission has completed its determination.
(g) A water utility shall not increase its rates and charges under this Section more than once in any twelve (12) month period. If a water utility is eligible to increase its rates and/or charges pursuant to this Section and desires to increase its rates and/or charges above that which is allowed under this Section, it shall file an application pursuant to the Commission's applicable rules, unless otherwise allowed by law.
(h) A petition submitted to the PUD Director requesting the Commission to examine and determine the reasonableness of a water utility's proposed increase in rates and charges shall be in substantially the following form:
(i) Petitions may be signed only by the affected customers of the water utility. Only one signature per meter shall be counted to determine if the fifteen percent (15%) threshold has been met.
Added at 27 Ok Reg 914, eff 7-1-10