North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-25 - PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BRIEF; SUMMARY STATEMENTS AND REPLY STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any party of
				record, including the Public Staff, to a proceeding before the Commission,
				Commission Panel, or before a Hearing Examiner shall, upon request of the
				presiding Commissioner or Examiner, file proposed findings of fact, conclusions
				of law, and brief in the cause on all issues. The Presiding Officer shall fix
				the time within which to file such proposed findings, conclusions and briefs at
				the hearing or thereafter, and no decision, report, or recommended order shall
				be made in the cause until after the expiration of the time so fixed.
(b) Contents. - Each proposed finding of fact
				shall be clearly and concisely stated and numbered. Such statement shall be
				followed by one or more paragraphs which shall set out or specifically refer to
				the testimony supporting such proposed findings of fact.
(c) Form; Copies Required. - Rule R1-5,
				subsections (c) and (g) shall apply to the filing of briefs, proposed findings
				of fact, and conclusions of law. Parties filing briefs, proposed findings of
				fact, and conclusions of law shall also submit a copy of their briefs, proposed
				findings of fact, and conclusions of law via electronic mail addressed to
				briefs@ncuc.net attaching editable noncompressed files in Microsoft Word or
				ASCII Text format.
(d) Summary
				Statements. - Pursuant to
				G.S.
				62-15(g) the Public Staff
				shall in all general rate cases provide to the Commission fifteen (15) days
				after the close of all general rate hearings Summary Statements and schedules
				in comparative form setting forth the position of the applicant, the Public
				Staff and such other intervenors as may be required, with regard to all
				material facts and matters of which the Public Staff has knowledge or is aware
				which must or should be considered in determining a public utility's cost of
				service and/or in the fixing of just and reasonable rates.
With regard to matters at issue, the Summaries shall include
				  such schedules and written narrative explanation so as to clearly and
				  completely show and convey reconciliation of the difference between the parties
				  to the proceeding.
The above mentioned Summary Statements, schedules and
				  reconciliations shall include, but not be limited to, the following:
(1) Original cost net investment with each
				component shown separately, e.g., utility plant in service, accumulated
				depreciation, working capital (show components of working capital separately,
				e.g., cash, minimum bank balances, materials and supplies, etc.);
(2) Operating income for return with each
				component shown separately, i.e., operating revenues, operation and maintenance
				expenses with fuel expense shown separately, depreciation expense, taxes -
				other than income, current income taxes - state, current income taxes -
				federal, investment tax credit - net, deferred income taxes - net, and interest
				on customer deposits;
(3) Total
				company capitalization including absolute dollar amounts and ratios. Also show
				the annualized embedded cost of debt, the preferred dividend requirement, the
				end-of-period return on common equity and the end-of-period overall rate of
				return under present and company proposed rates;
(4) Calculations of current and deferred
				state and federal income tax expense; and
(5) Calculation of replacement cost and fair
				value.