North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 15 › Section 11 R15-01 - REGULATORY FEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fee Imposed.
				G.S.
				62-302 requires each public utility regulated
				by the North Carolina Utilities Commission to pay a quarterly regulatory fee to
				the Commission, which shall be used only to pay the expenses of the Commission
				and the Public Staff in regulating public utilities in the interest of the
				public and to maintain a reasonable margin for a reserve fund.
The electric membership corporation regulatory fee for each
				  fiscal year is two hundred thousand dollars ($200,000).
(b) Procedure for Setting the Regulatory Fee
				Rate. In the first half of each calendar year, the Commission shall review the
				estimated cost of operating the Commission and the Public Staff for the next
				fiscal year, including a reasonable margin for the reserve fund allowed under
				G.S.
				62-302, and shall, if there is a change in
				the regulatory fee rate or other reason, enter an order setting the regulatory
				fee rate effective for the next fiscal year. In making this determination, the
				Commission shall consider all relevant factors that may affect the cost of
				operating the Commission or the Public Staff or a possible unanticipated change
				in competitive and noncompetitive jurisdictional revenues.
If the estimated receipts provided for under this section are
				  less than the estimated cost of operating the Commission and the Public Staff
				  for the next fiscal year, including the reasonable margin for the reserve fund,
				  then the Commission may issue an order in Docket No. M-100, Sub 142 increasing
				  the public utility regulatory fee rate on noncompetitive jurisdictional
				  revenues effective for the next fiscal year. In no event may the percentage
				  rate of the public utility regulatory fee on noncompetitive jurisdictional
				  revenues exceed seventeen and one-half hundredths of one percent
				  (0.175%).
If the estimated receipts provided for under this section are
				  more than the estimated cost of operating the Commission and the Public Staff
				  for the next fiscal year, including the reasonable margin for the reserve fund,
				  then the Commission shall issue an order in Docket No. M-100, Sub 142
				  decreasing the public utility regulatory fee rate on noncompetitive
				  jurisdictional revenues effective for the next fiscal year.
(c) Definitions. As used in this rule:
(1) "Noncompetitive jurisdictional revenues"
				means all revenues derived or realized from intrastate tariffs, rates, and
				charges approved or allowed by the Commission or collected pursuant to
				Commission order or rule, but not including tap-on fees or any other form of
				contributions in aid of construction. For telecommunications companies, all
				revenues and other receipts derived from access charges are to be included as
				noncompetitive jurisdictional revenues.
(2) "Subsection (h) competitive
				jurisdictional revenues" means all revenues derived from retail services
				provided by local exchange companies and competing local providers that have
				elected to operate under
				G.S.
				62-133.5(h), including all
				revenues and other receipts derived from yellow pages advertising.
(3) "Subsection (m) competitive
				jurisdictional revenues" means all revenues derived from retail services
				provided by local exchange companies and competing local providers that have
				elected to operate under
				G.S.
				62-133.5(m), including all
				revenues and other receipts derived from yellow pages advertising.