Current through Reg. 49, No. 12; March 22, 2024
(a) Levels of
environs rates.
(1) The environs rates may be
the same rates as those in effect in the nearest incorporated area in Texas
served by the same utility where gas is obtained from at least one common
pipeline supplier or transmission system. The Commission, on application by a
utility, on complaint by any affected person, or on its own motion may review
the rate in or boundaries of a given environs area and may consent to or order
an adjustment where appropriate.
(2) In addition to the definition of environs
rates in §
RSA 7.115
of this title (relating to Definitions), environs rates shall include any
quality of service rules adopted by the Commission in subchapter D of this
chapter (relating to Customer Service and Protection). Such quality of service
rules shall apply to environs areas and become part of environs rates
regardless of whether the same quality of service rules are in effect in the
related incorporated areas.
(b) Rate increases for environs rates. Rate
increases in environs shall be made in accordance with the following
procedures.
(1) The gas utility shall file a
statement of intent and shall give notice as required under Texas Utilities
Code, § 104.103, §
RSA
7.210 of this title (relating to Increasing
Residential and Commercial Rates--Statement of Intent), and §
RSA
7.230 of this title (relating to Contents of
Notice). In addition, when environs rates are to be increased at the same time
and to the same extent as the related incorporated area (city) rate and the
proposed change does not constitute a "major change," the statement of intent
to increase such environs rates shall include (in completed form) the following
statement: "This is a Statement of Intent to increase environs rates for the
unincorporated areas in the vicinity of __________________, and contains rates
identical with and to become effective upon the same date as rates contained in
a similar Statement of Intent filed on or about this date by this utility with
said city. This Statement of Intent is intended to produce the same residential
and commercial rates as finally approved for the City of __________________ and
applies to the rates set out herein or any lower rates finally approved for the
City of __________________. Any rate changes pursuant to this Statement of
Intent will not become effective until identical changes have become effective
within the City of __________________." All rate schedules filed with the
environs Statement of Intent shall bear the following statement: "Effective on
the latter of _______________________ or such other date as new rates become
effective in the City of __________________."
(2) The utility shall give notice of the
filing of a statement of intent to increase environs rates as required by
§
RSA
7.235 of this title (relating to Publication
and Service of Notice).
(3) Upon
request and a showing of good cause by the utility, the environs rates may
become effective upon the same date as the rates became effective in the
municipality pursuant to Texas Utilities Code, §
RSA
104.104. Environs rates shall not become
effective any earlier than the filing date of the statement of intent to
increase rates with the Director. If a utility appeals the rate to the
Commission, and the Commission establishes rates the same as or less than those
in the environs statement of intent, the rates established by the Commission in
the city may become simultaneously effective in the environs area. If the
Commission dismisses that appeal, any rates which have been established in the
city may become effective in the environs area at the time of dismissal,
provided that the rates established in the city are the same as or less than
those in the environs statement of intent.
(4) No later than 60 days from the date of
filing an environs statement of intent, the utility shall furnish a copy to the
Commission of any action taken by the city with respect to the related
statement of intent, the form of written notice mailed to affected environs
area customers, and an affidavit of publication from the newspaper in which
notice by publication was made, or an affidavit stating the manner in which
notice was otherwise given pursuant to Texas Utilities Code, §
RSA
104.103.
(c) Rate changes proposed pursuant to cost of
service adjustment clause. The Commission shall review, on a cost of service
basis, an increase in an environs rate that the utility proposes pursuant to a
cost of service adjustment clause, as defined in §
RSA 7.115
of this title (relating to Definitions). The cost of service adjustment clause
in effect in the adjacent municipality shall not be applicable or put into
effect for the affected environs area, although the utility may request the
same rates that are in effect in the adjacent municipality for the environs
area. The Commission may review the proposed rate increases pursuant to these
clauses on an informal basis and will not schedule a formal hearing unless a
complaint is received pursuant to subsection (b)(4) of this section or the
Commission elects to conduct a formal hearing.
(d) Other rate changes. This section shall
not apply to major rate changes or to changes in special rates.