N.J. Admin. Code § 7:11-2.14

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:11-2.14 - Procedures for rate adjustments

(a) Prior to adopting an adjustment in the Schedule or the Sales Bases established in this subchapter, the Authority shall comply with the following ratemaking procedures and schedule:

1. Official Notice: Official notice and an explanation outlining the need for the proposed adjustment to the Schedule or the Sales Bases shall be given to all contractual water customers; the Department of the Treasury, Division of Ratepayer Advocate; and other interested parties at least six months prior to the proposed effective date.

2. Supporting documents and financial records: All appropriate supporting documents and financial records of the Authority in support of the proposed adjustment shall either be supplied to all contractual water customers; the Department of the Treasury, Division of Ratepayer Advocate; and other interested parties upon request, or shall be made available for review at the Authority's offices in Clinton, New Jersey at the time official notice of the proposed rate adjustment is given. This information shall be deemed to be part of the record of the proceedings for purposes of preparing the hearing officer's report required under (a)7 below.

3. Requests for additional information: The contractual water customers and the Department of the Treasury, Division of the Ratepayer Advocate shall be afforded the opportunity to submit written questions and requests for additional data prior to the time of the meeting required under (a)4 below. The Authority staff shall provide written answers to the questions and supply the additional data requested prior to the meeting.

4. Meeting with contractual customers and Division of Ratepayer Advocate: After sending official notice to the contractual water customers and the Department of the Treasury, Division of Ratepayer Advocate, regarding the proposed rate adjustment, Authority staff shall schedule a meeting to occur within 45 days with representatives from the contractual water customers and the Division of Ratepayer Advocate in order to present and explain the proposal.

i. At that time, contractual water customers and the Division of Ratepayer Advocate, will be invited to submit written questions which shall be put into the hearing record and which will be answered by Authority staff at the public hearing.

ii. In order to be answered at the public hearing, such questions must be received by the Authority no later than 15 days prior to the public hearing. The Authority staff will make every reasonable effort to answer those questions received later than 15 days prior to the public hearing at the time of the hearing. All questions will be answered as part of the hearing record at the time of the hearing or as indicated at (a)5vi below.

5. Public hearing: After meeting with the contractual customers and after giving sufficient opportunity for submission of written questions on the proposed rate adjustment, a public hearing shall be held, at which one or more members of the Authority shall serve as hearing officer(s). The public hearing agenda shall include, but not be limited to, the following:

i. Opening statement by the hearing officer(s);

ii. Staff answers to the questions raised prior to the hearing by the contractual water customers and Division of Ratepayer Advocate;

iii. Oral statements, written statements and any supporting evidence are to be presented and entered into the record by all interested parties including the contractual water customers, the Division of Ratepayer Advocate, intervenors who are judged by the hearing officer(s) to meet the criteria established in (a)5iv below, and any other party of interest;

iv. Requests for intervention for purposes of directing questions to the staff as delineated under (a)5v below;

(1) Any person other than a contractual water customer who is substantially and specifically affected by the proposed rate adjustment may move either in writing prior to the public hearing or orally during the public hearing to intervene in the proceedings for purposes of directing questions to the staff, as delineated under (a)5v below.

(2) Anyone seeking to intervene must identify themselves as well as the manner in which he/she will be affected. The hearing officer(s) will then either approve or deny the request.

(3) The Department of the Treasury, Division of Ratepayer Advocate, shall be deemed a qualified intervenor for purposes of the public hearing.

v. Questions by contractual water customers and qualified intervenors; and

(1) Agenda item (a)5iii above provides for the submission of oral statements, written statements and any supporting evidence by all interested parties.

(2) In addition, under this agenda item all contractual water customers and qualified intervenors may question the staff on any aspect of, the need for, the basis of or any provision of the proposed rate adjustment. Follow up questions relative to the answers of the staff may also be directed to the staff during the public hearing.

vi. Responses from staff.

(1) In the event that a response cannot be immediately given at the hearing, then a written response shall be prepared within 10 working days after the public hearing, and a copy of that written response shall be provided to all contractual water customers, the Division of Ratepayer Advocate, and attendees at the hearing and made a part of the hearing record.

(2) Within 10 working days after receipt of the answer, contractual water customers, the Division of Ratepayer Advocate, and attendees will be permitted to respond in writing to the answers of the staff for the record.

6. Hearing record: The hearing record shall remain open for at least 25 working days after the public hearing in order to allow additional written comments to be submitted.

7. Hearing Officer's Report: After the hearing record is closed, a hearing officer's report, which shall be based solely on the record of the proceedings, and which shall include findings of fact and specific responses to all issues and questions raised during the public hearing proceedings, shall be prepared and submitted to the Authority prior to the Authority taking final action on the proposal.

(b) In addition to the requirements in (a) above, the Authority will follow all the requirements for rulemaking established pursuant to the Administrative Procedure Act, 52:14B-1 et seq.

N.J. Admin. Code § 7:11-2.14

R.1984 d.109, eff. 4/2/1984.
See: 15 N.J.R. 1311(a), 16 N.J.R. 708(a).
Amended by R.1985 d.402, effective 8/5/1985 (operative October 1, 1985).
See: 17 N.J.R. 11(a), 17 N.J.R. 1879(a).
"after" substituted for "of".
Amended by R.1989 d.310, effective 6/5/1989 (operative July 1, 1989).
See: 21 N.J.R. 103(a), 21 N.J.R. 1527(a).
Reference made to Sales Bases; reworded (a)4 regarding scheduling a meeting within 45 days; in (a)4.ii., deadline for receipt of questions changed from 45 to 15 days prior.
Recodified from 7:11-2.11 by R.1994 d.306, effective 6/20/1994 (operative July 1, 1994).
See: 25 N.J.R. 5742(a), 26 N.J.R. 2595(a).
Amended by R.1995 d.291, effective 6/5/1995.
See: 26 N.J.R. 4907(a), 27 N.J.R. 2205(a).
Substituted "Division" for "Office" and "Ratepayer" for "Rate payer" throughout.
Recodified from 7:11-2.12 by R.1997 d.230, effective 6/2/1997 (operative July 1, 1997).
See: 28 N.J.R. 5130(a), 29 N.J.R. 2551(b).
Changed N.J.A.C. references throughout the section. Former section recodified to N.J.A.C. 7:11-2.14.
Recodified from N.J.A.C. 7:11-2.13 by R.2002 d.177, effective 6/3/2002 (operative July 1, 2002).
See: 33 N.J.R. 4213(a), 34 N.J.R. 1902(b).
Former N.J.A.C. 7:11-2.14, Special User Rates: Spruce Run/Round Valley Reservoirs System, recodified to N.J.A.C. 7:11-2.15.
Amended by R.2009 d.196, effective 6/15/2009 (operative July 1, 2009).
See: 40 N.J.R. 6891(a), 41 N.J.R. 2466(b).
Added (b).