Rule 515-7-2-.05 - Plan and Adjustment Factor Requirements(1) The Adjustment Factor approved or adopted by the Commission, or otherwise made effective under O.C.G.A. § 46-2-25, shall be applied uniformly to all firm customers upon the effective date of such factors.(2) The Adjustment Factor to be effective during the Recovery Year commencing October 1, 1994 shall be set at a level appropriate to account for under-recoveries or over-recoveries, if any, under the Purchased Gas Adjustment Rate of the Utility in effect prior to October 1, 1994. The Adjustment Factor to be applicable during each Recovery Year commencing October 1, 1995, and thereafter, shall be set at a level appropriate to account for under-recoveries or over-recoveries during the preceding Recovery Year.(3) The Commission shall not prohibit or limit the operation of a Purchased Gas Adjustment Rate of a Utility to the extent that the adjustment permits increases or decreases to adjust for increased or decreased Purchased Gas Costs when such increased or decreased Purchased Gas Costs shall have become effective under the procedures of a federal regulatory agency or under a contract approved by a federal regulatory agency. Any subsequent refunds received by a Utility which become effective under procedures of a federal regulatory agency, or otherwise, shall be treated by the Utility in such manner as the Commission may direct. Unless the Commission directs otherwise, if a Utility receives such refunds in an amount in excess of the product of $2.00 and the average number of customers of the Utility during the preceding fiscal year, the Utility shall notify the Commission of such refunds, and submit a proposal for the regulatory treatment of such refunds, within 30 days of receipt of the same. Unless otherwise directed, the Utility shall include any other refund in subsequent Adjustment Factor calculations.(4) Any Purchased Gas Costs which are incurred by a Utility in accordance with a Gas Supply Plan which was in effect pursuant to the provisions of O.C.G.A. § 46-2-26.5 at the time such costs were incurred may be recovered by the Utility under its Purchased Gas Adjustment Rate, and shall not be disallowed retroactively by the Commission in the absence of fraud or willful misconduct on the part of the Utility. The Commission may, however, disallow and make appropriate adjustments to any Purchased Gas Costs that were not incurred in accordance with the Utility's Gas Supply Plan if the same resulted in higher Purchased Gas Costs and were the result of clearly imprudent conduct on the part of the Utility. The provisions of this Rule shall not prohibit the Commission from authorizing a Utility to recover under a Purchased Gas Adjustment Rate costs or amounts in addition to the Recovery Year. The Utility must also file a statement describing the reason for the proposed revision.Ga. Comp. R. & Regs. R. 515-7-2-.05
Ga. L. 1878-79, p. 125, 1907, pp. 72-81; 1922, pp. 142-147; 1956, pp. 104, 105; 1964, pp. 338; 1965, p. 283; 1975, Sec. 2, pp. 404-412; 1994, p. 630, Sec. 2.
Original Rule entitled "Plan and Adjustment Factor Requirements" adopted. F. may 19, 1995; eff. June 8, 1995.