| (II) inspection fees not already recovered by rates;
(III) production fees or connection fees not already
recovered by rates charged by a groundwater conservation district;
or
(IV) other governmental requirements beyond the control
of the utility.
(iii) A utility must use the revenues collected through
a surcharge approved by the commission to cover the costs listed in
subparagraph (G)(ii) of this section or for any purpose noted in the
order approving the surcharge. The utility may redirect or use the
revenues for other purposes only after first obtaining the approval
of the commission.
(iv) The commission may require a utility to file periodic
and/or final accounting information to show the collection and disbursement
of funds collected through an approved surcharge.
(3) Tariff revisions and tariffs filed with rate changes.
(A) If the commission is the regulatory authority,
the utility must file its revisions with the commission. If a proposed
tariff revision constitutes an increase in existing rates of a particular
customer class or classes, then the commission may require that notice
be given.
(B) Each revision must be accompanied by a copy of
the original tariff and a red-lined copy of the proposed tariff revisions
clearly showing the proposed changes.
(4) Rate schedule. Each rate schedule must clearly
state:
(A) the name of each public water system and corresponding
identification number issued by the TCEQ, or the name of each sewer
system and corresponding identification number issued by the TCEQ
for each discharge permit, to which the schedule is applicable; and
(B) the name of each subdivision, city, and county
in which the schedule is applicable.
(5) Tariff pages. Tariff pages must be numbered consecutively.
Each page must show section number, page number, name of the utility,
and title of the section in a consistent manner.
(c) Composition of tariffs. A utility's tariff, including
those utilities operating within the corporate limits of a municipality,
must contain sections setting forth:
(1) a table of contents;
(2) a list of the cities, counties, and subdivisions
in which service is provided, along with each public water system
name and corresponding identification number issued by the TCEQ and
each sewer system name and corresponding discharge permit number(s)
issued by the TCEQ to which the tariff applies;
(3) each CCN number under which service is provided;
(4) the rate schedules;
(5) the service rules and regulations, including forms
of the service agreements, if any, and customer service inspection
forms to be completed as required by the TCEQ;
(6) the extension policy;
(7) an approved drought contingency plan as required
by the TCEQ; and
(8) the forms of payment to be accepted for utility
services.
(d) Tariff filings in response to commission orders.
Tariff filings made in response to an order issued by the commission
must include a transmittal letter stating that the tariff attached
is in compliance with the order, giving the docket number, date of
the order, a list of tariff pages filed, and any other necessary information.
Any service rules proposed in addition to those listed on the commission's
tariff form or any modifications of a rule in the tariff must be clearly
noted. All tariff pages must comply with all other sections in this
chapter and must include only changes ordered. The effective date
and/or wording of the tariff must comply with the provisions of the
order.
(e) Availability of tariffs. Each utility must make
available to the public at each of its business offices and designated
sales offices within Texas all of its tariffs currently on file with
the commission or regulatory authority, and its employees must lend
assistance to persons requesting information and afford these persons
an opportunity to examine any such tariffs upon request. The utility
must also provide copies of any portion of the tariffs at a reasonable
cost to a requesting party.
(f) Rejection. Any tariff filed with the commission
and found not to be in compliance with this section must be returned
to the utility with a brief explanation of the reasons for rejection.
(g) Change by other regulatory authorities. Each utility
operating within the corporate limits of a municipality exercising
original jurisdiction must file with the commission its current tariff
that has been authorized by the municipality. If changes are made
to the utility's tariff for one or more service areas under the jurisdiction
of the municipality, the utility must file its tariff reflecting the
changes along with the ordinance, resolution or order issued by the
municipality to authorize the change.
(h) Effective date. The effective date of a tariff
change is the date of approval by the regulatory authority, unless
otherwise specified by the regulatory authority, in a commission order,
or by rule. The effective date of a proposed rate increase under TWC §§13.187,
13.1871, 13.18715, or 13.1872 is the proposed date on the notice to
customers and the regulatory authority, unless suspended by the regulatory
authority.
(i) Tariffs filed by water supply or sewer service
corporations. A water supply or sewer service corporation must file
with the commission, for informational purposes only, its tariff showing
all rates that are subject to the appellate jurisdiction of the commission
and that are in force for any utility service, product, or commodity
offered. The tariff must include all rates, rules, and regulations
relating to utility service or extension of service, each CCN number
under which service is provided, and all affected counties or cities.
If changes are made to the water supply or sewer service corporation's
tariff, the water supply or sewer service corporation must file the
tariff reflecting the changes, along with a cover letter with the
effective date of the change. Tariffs filed under this subsection
must be filed in conformance with §22.71 of this title (relating
to Filing of Pleadings, Documents, and Other Materials) and §22.72
of this title (relating to Formal Requisites of Pleadings and Documents
to be Filed with the Commission).
(j) Temporary water rate provision for mandatory water
use reduction.
(1) A utility's tariff may include a temporary water
rate provision that will allow the utility to increase its retail
customer rates during periods when a court, government agency, or
other authority orders mandatory water use reduction measures that
affect the utility customers' use of water service and the utility's
water revenues. Implementation of the temporary water rate provision
will allow the utility to recover revenues that the utility would
otherwise have lost due to mandatory water use reductions. If a utility
obtains an alternate water source to replace the required mandatory
reduction during the time the temporary water rate provision is in
effect, the temporary water rate provision must be adjusted to prevent
over-recovery of revenues from customers. A temporary water rate provision
may not be implemented if an alternative water supply is immediately
available without additional cost.
(2) The temporary water rate provision must be approved
by the regulatory authority having original jurisdiction in a rate
proceeding before it may be included in the utility's approved tariff
or implemented as provided in this subsection. A proposed change in
the temporary water rate provision must be approved in a rate proceeding.
A utility that has filed a rate change within the last 12 months may
file a request for the limited purpose of obtaining a temporary water
rate provision.
(3) A utility may request a temporary water rate provision
for mandatory water use reduction using the formula in this paragraph
to recover 50% or less of the revenues that would otherwise have been
lost due to mandatory water use reductions. The formula for a temporary
water rate provision for mandatory water use reduction under this
paragraph is TGC = cgc + [(prr)(cgc)(r)/(1.0-r)] where, TGC = Temporary
gallonage charge cgc = current gallonage charge r = water use reduction
expressed as a decimal fraction (the pumping restriction) prr = percentage
of revenues to be recovered expressed as a decimal fraction (i.e.,
50% = 0.5)
(A) The utility must file a request for a temporary
water rate provision for mandatory water use reduction and provide
customer notice as required by the regulatory authority, but is not
required to provide complete financial data to support its existing
rates. Notice must include a statement of when the temporary water
rate provision would be implemented, a list of all customer classes
affected, the rates affected, information on how to protest or intervene
in the rate change, the address of the regulatory authority, the time
frame for protests, and any other information that is required by
the regulatory authority. The utility's existing rates are not subject
to review in this proceeding and the utility is only required to support
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