| (ii) that the condition of material over-earning described
by paragraph (1)(B) of this subsection exists. The 120-day period
provided by this subsection may be extended by the commission for
good cause.
(B) Notice to parties. If the utility seeks an extension
to the filing deadline pursuant to paragraph (2) of this subsection,
the utility shall provide, at the time the utility submits its filing
to the commission requesting an extension, notice to all persons who
were parties to the utility's most recent base rate proceeding.
(d) Relation back of rates.
(1) In a rate proceeding under PURA, Chapter 36, Subchapter
D, or if requested by an electric utility in the utility's statement
of intent initiating a rate proceeding under PURA, Chapter 36, Subchapter
C, notwithstanding PURA §36.109(a), the final rate set in the
proceeding, whether a rate increase or rate decrease, shall be made
effective for consumption on and after the 155th day after the date
the rate-filing package is filed. Unless the commission approves temporary
rates under PURA §36.109(a), the utility's new rates will not
be implemented until the commission issues its final order approving
new rates.
(2) The commission shall:
(A) require the electric utility to refund to customers
money collected in excess of the rate finally ordered on or after
the 155th day after the date the rate-filing package is filed; or
(B) authorize the electric utility to collect a surcharge
from customers to recover the amount by which the money collected
on or after the 155th day after the utility files its rate-filing
package is less than the money that would have been collected under
the rate finally ordered.
(3) The commission may require refunds or surcharges
of amounts determined under paragraph (2) of this subsection over
a period not to exceed 18 months, along with appropriate carrying
costs. The commission shall make any adjustments necessary to prevent
over-recovery of amounts reflected in riders in effect for the electric
utility during the pendency of the rate proceeding. Customers who
receive service at transmission voltage levels, as well as any groups
of seasonal agricultural customers as identified by the electric utility,
shall be subject to refund or surcharge rates calculated based upon
their individual historical usage and demand recorded during each
month in the period in which the refund or surcharge obligation arose,
adjusted for line losses if necessary. All other customers shall be
subject to refund or surcharge rates calculated based upon the historical
usage and demand of all customers served under the same tariffed rate
schedule recorded during each month in the period in which the refund
or surcharge obligation arose, adjusted for line losses if necessary.
(4) An electric utility may not assess more than one
surcharge authorized by paragraph (2)(B) of this subsection at the
same time.
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