New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 11 - NEW JERSEY WATER SUPPLY AUTHORITY › Subchapter 2 - SCHEDULE OF RATES, CHARGES AND DEBT SERVICE ASSESSMENTS FOR THE SALE OF WATER FROM THE RARITAN BASIN SYSTEM › Section 7:11-2.14 - Procedures for rate adjustments

Current through Register Vol. 56, No. 14, July 15, 2024
(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.