Title 46, Chapter 4, Section 154
( 46-4-154)
(a) A gas company may elect to become subject to the provisions of
this article by filing a notice of election with the commission and
by filing an application to establish just and reasonable rates,
including separate rates for unbundled services. Pursuant to such
application, the commission shall: (1) Maintain rates for interruptible distribution service at the
levels set forth in the rate schedules approved by the commission
and in effect on the day the gas company files a notice of
election as provided for in this Code section; (2) Establish rates for firm distribution service using the
straight fixed variable method of rate design, subject to the
provisions of subsection (b) of this Code section; (3) Establish separate rates and charges, which may be based on
market value, for each type of ancillary service which is
classified separately; (4) Provide for the recovery in rates of those costs which the
commission determines are prudently incurred and used and useful
in providing utility service; and (5) Provide for recovery of costs found by the commission to be
stranded and necessary to provide a reasonable return, provided
that only prudently incurred stranded costs that cannot be
mitigated may be recovered. (b) If the commission determines that inefficiencies in the rate
design or other causes in existence immediately preceding the
implementation of the straight fixed variable rate design will
result in a material fluctuation of rates for firm distribution
service to a group of retail customers upon implementation of
straight fixed variable rate design, the commission may make such
adjustments to the rates for firm distribution service as it deems
appropriate to phase in the straight fixed variable rate design for
firm distribution service: (1) Over a 12 month period from the date the rates filed by the
electing distribution company would otherwise be effective if such
material fluctuation will be less than 10 percent of the total gas
charges for a group of retail customers; or (2) Over a 24 month period from the date the rates filed by the
electing distribution company would otherwise be effective if such
material fluctuation will be equal to or greater than 10 percent
of the total gas charges for a group of retail customers. However, in no event shall any such adjustment be made if the
adjustment results in cross-subsidization between retail customers
receiving firm distribution service and retail customers receiving
interruptible distribution service or if the adjustment reduces the
revenues to the electing distribution company for firm distribution
service below those that would be recovered by the electing
distribution company under the straight fixed variable rate without
such adjustment. (c) In any proceeding before the commission to establish rates as provided in subsection (a) of this Code section, the commission shall prescribe rates for the services and cost recovery purposes specified in paragraphs (2), (3), (4), and (5) of subsection (a) of this Code section at levels which are designed to recover the costs of service of the electing distribution company as established by the commission in such proceeding. In such proceeding, the commission shall also prescribe a mechanism by which 90 percent of the revenues to the electing distribution company from rates for interruptible distribution service shall be credited to the universal service fund established for that electing distribution company pursuant to Code Section 46-4-161. Each electing distribution company is authorized to retain for the benefit of its shareholders or owners 10 percent of the revenues the electing distribution company received from rates for interruptible service. Each electing distribution company which retains 10 percent of such revenues shall make a report to the commission annually describing the benefits resulting to firm retail customers from interruptible distribution service revenues. (d) In addition to any other applicable filing requirements, any
such application by a gas company shall include the following: (1) An identification of each component of natural gas service,
including but not limited to commodity sales service, distribution
service, and ancillary services, which are to be unbundled and
offered under separate rates, together with the total costs to
provide each such service by the electing distribution company
including a return on investment; (2) Provisions for offering each unbundled service on an equal
access, nondiscriminatory basis; (3) A description of the method by which the electing distribution
company proposes to allocate its intrastate capacity for firm
distribution service to a marketer based upon the peak
requirements of the firm retail customers served by the marketer; (4) A description of the method by which the electing distribution
company proposes to allocate its rights to interstate pipeline and
underground storage to a marketer based upon the peak requirements
of the firm retail customers served by the marketer; and (5) A plan for establishing and operating an electronic bulletin
board by which the electing distribution company will provide
marketers with equal and timely access to information relevant to
the availability of firm distribution service. (e) Notwithstanding any other provision of this title, the
commission shall hold a hearing regarding an application filed
pursuant to this Code section and may suspend the operation of the
proposed schedules and defer the use of the proposed rates, charges,
classifications, or services for a period of not longer than six
months. |