(a) The pipelines and a city that are parties to an
appeal under this subchapter shall reimburse the Commission for its
costs incurred in connection with the appeal. In each appeal, the
city shall pay half of the Commission's costs and each pipeline that
files or intervenes in the appeal shall pay an equal share of the
half of Commission's costs.
(b) The Commission shall determine its costs as follows:
(1) The director and the Hearings Division shall require
employees assigned to an appeal under this subchapter to keep records
of time spent on each appeal. These shall be filed with and made part
of the record in each appeal docket.
(2) The Commission shall from time to time specify
an hourly rate as its costs for each employee hour devoted to appeals
under this subchapter. The rate shall be based on the employee's hourly
compensation and multiplied by a factor to cover employment benefit
costs and fairly allocable overhead costs (use of copiers, faxes,
telephones, computers, hearing room, etc.).
(c) The Commission shall invoice the pipelines and
the city for Commission costs, based on the hours recorded by Commission
employees and their hourly rates, together with any out-of-pocket
expenses not included in the overhead factor, within 30 days after
the disposition of an appeal. The pipelines and the city shall each
remit to the Commission the invoiced costs within 30 days after receipt
of notice of the total amount or after disposition of any appeal from
the invoice, whichever is later.
(d) Any pipeline or the city may contest the amount
of the costs invoiced to it by filing with the director a written
request for reconsideration within 30 days after the date of the invoice,
stating the basis for reconsideration. The director shall forward
any recommendation to the Commission with the record, and the Commission
may approve or adjust the invoiced costs within 30 days.
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