N.J. Admin. Code § 16:65-4.12

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:65-4.12 - Tariff filings or petitions that propose increases in charges to customers

(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.

N.J. Admin. Code § 16:65-4.12

Amended and recodified from 16:65-3.11 by 47 N.J.R. 1997(a), effective 8/3/2015