Section 54.95. Recovery of RNR tax liability producing rates above the rate cap

(a) An EDC proposing to increase its rates above the rate cap due to the RNR shall file a single issue rate proceeding under section 1308(a) of the code (relating to voluntary changes in rates).

(b) The EDC’s filing provides information which enables the Commission to determine if the filing is an accurate claim for the amount of its tax liability arising from the RNR and whether recovery of its RNR tax liability causes the resulting rates to exceed the rate cap.

(c) Within 30 days of receiving the Department’s notice of the change in the applicable tax rate established by the RNR, an EDC proposing to increase its rates as described in this section shall provide the following information to the Commission:

(1) A statement that the reason for the proposed rate increase is to permit the EDC to recover that portion of its RNR tax liability that produces rates above the rate cap.

(2) A proof of revenue calculation by rate class demonstrating the impact of the proposed rate increase upon each class of customers. The EDC shall, at a minimum, show both the dollar and percentage change being proposed for each tariffed rate.

(3) A description of the surcharge for recovering the increased tax liability.

(4) A notice that the surcharge becomes effective 60 days from the date the EDC files the proposed rate increase.

Notation

Cross References

This section cited in 52 Pa. Code § 54.98 (relating to customer notice requirements).