Rule 515-7-5-.06 - Funding(1) Prior to the beginning of the fiscal year of an electing distribution company, the Commission shall determine the amount of the fund appropriate for that fiscal year, which amount shall not exceed $25 million for that fiscal year. In making this determination, the Commission shall consider: (a) The amount of money that will be necessary to provide sufficient contributions in aid of construction to permit the electing distribution company to extend and expand its facilities on occasions that the Commission deems to be in the public interest; and(b) The amount required to assist low-income residential consumers in times of emergency as determined by the Commission and consumers of the regulated provider of natural gas in accordance with Code Section 46-4-166.(2) Funding for an EDC's USF shall be derived from the following sources: (a) Rate refunds to the EDC from its interstate pipeline suppliers;(b) Any earnings allocable to ratepayers under performance based rates of the EDC authorized by Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated;(c) A surcharge to the rates for firm distribution service of the EDC when authorized for such purpose by the Commission;(d) 95% of the revenues of the EDC from rates for interruptible service pursuant to O.C.G.A. § 46-4-154(b);(e) The shares that are to be credited to the cost of gas sold to firm retail customers pursuant to the revenue sharing mechanisms set forth in O.C.G.A. § 46-2-23.1(i)(1);(f) Surcharges on customers receiving interruptible service on the EDC's system imposed by the Commission in accordance with Code Section 46-4-154;(g) Refunds of deposits required by marketers as a condition for service, if such refunds have not been delivered to or claimed by the consumer within two (2) years: 1. By December 15th of each year, all natural gas marketers and the Regulated Provider shall make annual remittances to the USF of all deposits that have not been delivered to or claimed by the consumer after two years from the date that the consumer was eligible to receive the refund of the deposit. Such annual remittance shall include all interest accrued on such unclaimed deposit.2. By December 15th of each year, all marketers and the Regulated Provider shall file an "Annual Unclaimed Customer Deposit Report" with the Commission in Docket No. 15326-U. This report shall provide the following information with regard to the annual remittance to the USF: (i) The dollar amount, even if $0.00, of the annual remittance of customer deposits to the USF, separately identifying the dollar amount of the customer deposits and the dollar amount of the interest included on the customer deposits;(ii) Either the actual or average interest rate earned on the deposits during the two year period prior to the remittance to the USF. The marketers and the Regulated Provider shall employ any of the following three methods to demonstrate how the interest rate was determined: (i) Dividing the sum of the total interest for each period (month) by the sum of the total customer deposits for each period (month). (ii) Dividing the sum of the interest rates for each period (month) by the number of periods (months). or (iii) Using the actual interest rates listed on the bank account statements. The marketer and Regulated Provider must state which method was used in its annual filing.(iii) The total dollar amount, even if $0.00, of deposits that have not been delivered to or claimed by the consumer for which less than two years have passed since the consumer was eligible to receive the refund of the deposit. This component of the filing shall include the number of customer accounts that are associated with this dollar amount.(h) Funds deposited by marketers in accordance with Code Section 46-4-160.3;(i) The proceeds from the sale or lease of facilities financed from the Universal Service Fund; and(j) Any other payments to the fund as provided for by law or by order of the Commission.(3) Each EDC shall be required to make a filing one month prior to the beginning of its fiscal year. The filing shall include information necessary to assist the Commission in its determination of the proper funding level, including: (a) The EDC's proposed capital budget for the upcoming fiscal year.(b) Information related to disbursements from the USF for the prior fiscal year.(4) Any amounts remaining in such fund at the end of a fiscal year in excess of $3 million shall be available for refund to retail customers in such manner as the Commission shall deem equitable. The balance at fiscal year end, whether positive or negative, after such refund, if any, shall become the initial balance of the fund for the ensuing fiscal year. The USF should bear any costs of administering the refund.(5) When a USF refund goes to a certificated marketer of natural gas it shall be incumbent upon such marketer to pass through such refund to its retail customers as a condition of retaining its certificate of authority. O.C.G.A. 46-4-161(d).Ga. Comp. R. & Regs. R. 515-7-5-.06
O.C.G.A. Sec. 46-4-161.
Original Rule entitled "Funding" adopted. F. Nov. 13, 1998; eff. Dec. 2, 1998.Amended: F. June 3, 1999; eff. June 23, 1999.Repealed: New Rule, same title adopted. F. Nov. 28, 2001; eff. Dec. 18, 2001.Amended: F. Sept. 16, 2002; eff. Oct. 6, 2002.Amended: F. Jan. 28, 2009; eff. Feb. 17, 2009.Amended: F. Sep. 7, 2011; eff. Sept. 27, 2011.