SECTION 165:65-9-11. Relief from rate increase requirements

(a)   Water utilities, having less than $400,000 in annual gross revenue within the state, shall not be subject to the requirements of OAC 165:70-7-4 rate regulation as prescribed in Chapter 70, the general rate regulation requirements, unless a water utility proposes an increase in rates and charges which exceeds a fifteen percent (15%) annual increase in revenue, based on the previous twelve (12) months gross revenue generated by the existing water usage rates.

(b)   A water utility may not submit more than two (2) consecutive annual submissions using the provisions of this Subchapter, nor may a water utility submit more than three (3) submissions within the most recent five (5) year period using the procedures set forth in this Subchapter.

(c)   Each water utility desiring to increase its water rates pursuant to this section shall provide notice to its water customers in no less than two (2) billing cycles with the second notice being given at least sixty (60) calendar days before the effective date of the proposed rate increase. Notice shall be made by regular mail or personal service and be included with each customer's regular bill. Notice to the water utility's customers shall include the following:

(1)   Existing rate and proposed rate;

(2)   Average dollar increase per customer per rate class;

(3)   Percentage of total company regulated revenues increase; and

(4)   The procedure necessary for a customer to petition the Commission to examine and determine the reasonableness of the proposed rate increase, pursuant to Section (h) of this Subchapter.

(d)   Each water utility desiring to increase its water rates pursuant to this section shall notify the Commission at least seventy-five (75) calendar days before the effective date of the proposed rate increase. Notice to the Commission shall include the following:

(1)   A copy of the notice to be provided to its customers;

(2)   Verified statement showing the total number of customers of the water utility as of the date of the most recent billing;

(3)   Verified statement showing the water utility's total gross revenue for the previous twelve (12) months;

(4)   The date of the water utility's last rate increase, the cause number and the final order number, if applicable;

(5)   Any anticipated growth or decline in the water utility's customers which is expected to occur during the first twelve (12) months following the proposed rate increase;

(6)   The types of customers the water utility serves;

(7)   A copy of the water utility's approved tariff sheet showing the existing rates and proposed new rates:

(8)   The date of the most recent annual report in accordance with OAC 165:65-9-10(d)-(g).

(e)   If, thirty (30) calendar days prior to the effective date of this proposed increase in rates and charges, the Commission has received petitions from fewer than fifteen percent (15%) of the affected customers, requesting that the Commission examine the proposed increase in rates and charges, the Commission shall notify the water utility that the rate increase may be implemented on the proposed effective date and shall apply to all bills normally rendered on and after the effective date.

(f)   If, thirty (30) calendar days prior to the effective date of the proposed increase in rates and charges, the Commission has received petitions from fifteen percent (15%) or more of the affected customers, then the Commission shall notify the water utility that it will examine and determine the reasonableness of the proposed increase in rates and charges and the rate increase may not be initiated until the Commission has completed its determination.

(g)   A water utility shall not increase its rates and charges under this Section more than once in any twelve (12) month period. If a water utility is eligible to increase its rates and/or charges pursuant to this Section and desires to increase its rates and/or charges above that which is allowed under this Section, it shall file an application pursuant to the Commission's applicable rules, unless otherwise allowed by law.

(h)   A petition submitted to the PUD Director requesting the Commission to examine and determine the reasonableness of a water utility's proposed increase in rates and charges shall be in substantially the following form:

(1)   Form: The petition shall be headed by a caption, which shall contain:

(A)   The name of the utility seeking an increase in rates and charges; and

(B)   The relief sought.

(2)   Body: The body of the petition shall contain the following:

(A)   All allegations of facts, without unnecessary detail, explaining why the customers oppose the increase in rates;

(B)   A reference that the petition is submitted pursuant to OAC 165:65-9-11;

(C)   The name, address, telephone number, and signature of each petitioning customer;

(D)   A copy of the notice provided by the water utility and received by one of the customers signing the petition shall be attached to the petition.

(i)   Petitions may be signed only by the affected customers of the water utility. Only one signature per meter shall be counted to determine if the fifteen percent (15%) threshold has been met.

[Source: Added at 27 Ok Reg 914, eff 7-1-10; Amended at 31 Ok Reg 1091, eff 9-12-14; Amended at 36 Ok Reg 718, eff 7-25-19]