N.J. Admin. Code § 7:26H-3.11

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26H-3.11 - Tariff filings or petitions which propose increases in charges to customers above the peak rate; solid waste disposal utilities

(a) Petitions seeking revisions, changes or alterations of existing tariffs which propose to increase any rate or charge or to so alter any classification, practice, rule or regulation as to result in such an increase, above the peak rate, shall conform to the provisions of N.J.A.C. 7:26H-2 and shall in the body thereof, or in attached exhibits, contain all applicable information and data set forth in N.J.A.C. 7:26H-3.10 and in addition shall contain the following:

1. A comparative balance sheet for the most recent three-year period (calendar year or fiscal year);

2. A comparative income statement for the most recent three-year period (calendar year or fiscal year);

3. A balance sheet at the most recent date available;

4. A statement of the amount of revenue derived in the calendar year last preceding the institution of the proceedings from the intrastate service rendered, the rates, tolls, or charges for which are the subject matter of the filing;

5. A pro forma income statement reflecting operating income at present and proposed rates and an explanation of all adjustments, as well as calculation showing the indicated rate of return on the average net investment for the same period as that covered by the pro forma income statement that is, investment in plant facilities plus supplies and working capital to the extend claimed, less the reserve for depreciation and advances and contributions for facilities;

6. If the request for rate relief is based upon N.J.S.A. 48:2-21.2, there shall be included, in lieu of the requirements of the foregoing paragraph, a statement showing that the facts of the particular situation meet the statutory requirements;

7. An itemized schedule showing all payments or accruals to affiliated companies or organizations and to those who own in excess of five per cent of the solid waste disposal utility's capital stock regardless of the form or manner in which such charges are paid or accrued and an explanation of the service performed for such charges; and

8. A copy of the form of notice to customers.

(b) Each solid waste disposal utility that makes a filing under (a) above shall, unless otherwise ordered or permitted by the Department, give notice as follows:

1. Serve a notice of the filing and a copy of the proposed tariff or a copy of the petition or a statement of the effect of the proposed filing upon the municipal clerk in each of the municipalities in which there is rendered a service, the charge for which is proposed to be increased, the clerk of the Board of Chosen Freeholders of each affected county and, where appropriate, the executive officer of each affected county; and

2. Serve a notice of the filing and a statement of the effect on customers of various classes on all current customers who are billed on a recurring basis and who will be affected by said filing. Such notice may be by bill insert or by publication in newspapers published and circulated in the solid waste disposal utility's service area.

(c) Each solid waste disposal utility that makes a filing under (a) above shall, after being advised by the Department of the time and place fixed for hearing, if any, and unless otherwise ordered or permitted by the Department, serve notice at least 20 days prior to such time on those persons specified in (b)1 and 2 above; and shall give such notice to those persons designated in (b)3 above as current customers billed on a recurring basis, by bill insert or by publication 20 days prior to the date set for hearing, in newspapers published and circulated in the solid waste disposal utility's service area.

(d) The notices provided for in (b) and (c) above may be given simultaneously.

(e) Where notice is prescribed under this section it shall be at the cost and expense of the party obligated to give or serve the notice.

(f) Tariff filings and rate adjustment filings for privately-owned sanitary landfills are not subject to the requirements of this section, but are governed by N.J.A.C. 7:26H-8.2 and 8.3.

N.J. Admin. Code § 7:26H-3.11

Amended by R.1997 d.510, effective 10/31/1997 (operative November 10, 1997).
See: 29 N.J.R. 4170(a), 29 N.J.R. 5084(a).
Readopted provisions of Emergency Amendment R.1997 d.404 without change.
Amended by R.2002 d.356, effective 11/4/2002.
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
In (a), inserted "above the peak rate," preceding "shall conform" in the introductory paragraph.
Amended by R.2008 d.117, effective 5/5/2008.
See: 39 N.J.R. 4477(a), 40 N.J.R. 2243(a).
Added (f).