04 NCAC 11 R15-01. UTILITIES COMMISSION

R15-1     REGULATORY FEE

(a)  Fee Imposed. G.S. 62-302 requires each public utility regulated by the North Carolina Utilities Commission to pay a quarterly regulatory fee to the Commission which shall be used only to pay the expenses of the Commission and the Public Staff in regulating public utilities in the interest of the public.

(b)  Rate.

(1)           For the 1989-90 fiscal year, the regulatory fee shall be the greater of (i) twelve hundredths percent (0.12%) of each public utility's North Carolina jurisdictional revenues for each quarter or (ii) six dollars and twenty-five cents ($6.25) each quarter.

(2)           For fiscal years beginning on or after July 1, 1990, the regulatory fee shall be the greater of (i) a percentage rate, established by the General Assembly by law, of each public utility's North Carolina jurisdictional revenues for each quarter or (ii) six dollars and twenty-five cents ($6.25) each quarter.

(3)           The percentage rate may not exceed the amount necessary to generate funds sufficient to defray the estimated cost of the operations of the Commission and the Public Staff for the upcoming fiscal year, including a reasonable margin for a reserve fund. The amount of the reserve may not exceed the estimated cost of operating the Commission and the Public Staff for the upcoming fiscal year. In calculating the amount of the reserve, the General Assembly shall consider all relevant factors that may affect the cost of operating the Commission or the Public Staff or a possible unanticipated increase or decrease in North Carolina jurisdictional revenues.

(4)           If the Commission, the Public Staff, or both experience a revenue shortfall, the Commission shall implement a temporary regulatory fee surcharge to avert the deficiency that would otherwise occur. In no event may the total percentage rate of the regulatory fee plus any surcharge established by the Commission exceed twenty-five hundredths percent (0.25%).

(5)           As used in this rule, the term "North Carolina jurisdictional revenues" means all revenues derived or realized from intrastate tariffs, rates, and charges approved or allowed by the Commission or collected pursuant to Commission order or rule, but not including tap-on fees or any other form of contributions in aid of construction. For telecommunications companies, all revenues and other receipts derived from access charges and yellow pages advertising are to be included as North Carolina jurisdictional revenues.

(c)  When Due. The regulatory fee imposed by G.S. 62-302 is due and payable to the Commission on or before the 15th day of the second month following the end of each quarter. Each public utility subject to the regulatory fee shall, on or before the date the fee is due for each quarter, prepare and render a report on the form prescribed by the Commission. The report shall state the public utility's total North Carolina jurisdictional revenues for the preceding quarter. Receipts shall be reported on an accrual basis. The form of the report shall be as set forth in the Appendix to this Chapter. (NCUC FORM RF).

If a public utility's report for the first quarter of any fiscal year shows that application of the percentage rate would yield a quarterly fee of twenty-five dollars ($25.00) or less, the public utility shall pay an estimated fee for the entire fiscal year in the amount to twenty-five dollars ($25.00). If, after payment of the estimated fee, the public utility's subsequent returns show that application of the percentage rate would yield quarterly fees that total more than twenty-five dollars ($25.00) for the entire fiscal year, the public utility shall pay the cumulative amount of the fee resulting from application of the percentage rate, the extent it exceeds the amount of fees, other than any surcharge, previously paid.

(d)  Use of Proceeds. A special fund in the Office of the State Treasurer, the "Utilities Commission and Public Staff Fund," shall be created. The fees collected pursuant to G.S. 62-302 and all other funds received by the Commission and the Public Staff shall be deposited in the Utilities Commission and Public Staff Fund. The Fund shall be placed in an interest bearing account and any interest or other income derived from the Fund shall be credited to the Fund. Monies in the Fund shall only be spent pursuant to appropriation by the General Assembly.

The Utilities Commission and Public Staff Fund shall be subject to the provisions of the Executive Budget Act except that no unexpended surplus of the Fund shall revert to the General Fund. All funds credited to the Utilities Commission and Public Staff Fund shall be used only to pay the expenses of the Commission and the Public Staff in regulating public utilities in the interest of the public as provided by Chapter 62 of the North Carolina General Statutes.

(e)  Supporting Data. Upon request of the Commission or the Public Staff, a utility shall supply supporting data and workpapers substantiating its Public Utility Regulatory Fee Report (NCUC FORM RF).

Utilities now filing quarterly reports with the Commission in compliance with the Commission's ongoing surveillance program (NCUC FORMS E.S.-1, G.S.-1, and T.S.-1) shall include as an integral part of those quarterly reports a schedule setting forth a detailed reconciliation of the North Carolina jurisdictional revenues reflected in those reports to the level of North Carolina jurisdictional revenues reflected in the Public Utility Regulatory Fee Report (NCUC FORM RF) for the same quarterly reporting period.

Utilities not now filing quarterly reports shall include as an integral part of their annual reports to be filed with the Commission a schedule setting forth a detailed reconciliation of the total North Carolina jurisdictional revenues reflected in those annual reports to the level of North Carolina jurisdictional revenues reflected in the four quarterly Public Utility Regulatory Fee Reports encompassed by the 12-month period on which the annual report is based. This requirement is effective January 1, 1990.

(f)  Failure to File. Failure to complete and file the Public Utility Regulatory Fee Report (NCUC FORM RF) and to make payment of the regulatory fee as prescribed may result in the imposition of a penalty, a fine, and/or cancellation of certificate.

 

(NCUC Docket No. M-100, Sub 118, 9/15/89; NCUC Docket No. M-100, Sub 140, 12/03/13.)

 

NCUC FORM RF

Revised 9/13                                                                        INSTRUCTIONS

 

1.             The term "North Carolina jurisdictional revenues" means all revenues derived or realized from intrastate tariffs, rates, and charges approved or allowed by the Commission or collected pursuant to Commission order or rule, but not including tap-on fees or any other form of contributions in aid of construction.  For telecommunication companies, all revenues and other receipts derived from access charges and yellow page advertising are to be included as North Carolina jurisdictional revenues.

 

2.             The minimum annual regulatory fee for all public utilities subject to the jurisdiction of the North Carolina Utilities Commission is $25.00.  This fee is paid with the first quarter of each new Fiscal Year (Quarter ended September 30) or the first quarter a public utility has certification. (See Instruction No. 3).

 

3.             The amount to be shown on Line 5 is the greater of Line 3 multiplied by Line 4 or $25.00 except as noted below:

 

(a)           The minimum annual fee of $25.00 is due when a public utility's report for its first quarter of the fiscal year July 1, through June 30, shows that the application of the percentage rate of .0013, would yield a quarterly fee of $25.00 or less.  The $25.00 minimum fee is considered to be an estimated fee for the entire fiscal year and no further payment is required if fiscal year revenues do not exceed $19,231.00

($19,231.00 x .0013 = $25.00).

(b)           If, after payment of the $25.00 minimum fee, the public utility's subsequent quarterly report(s) show that application of the percentage rate of .0013 would yield quarterly fees which total more than $25.00 for the entire fiscal year, the public utility shall pay the cumulative amount of the fee resulting from application of the percentage rate, to the extent it exceeds the $25.00 minimum fee.

(c)           A report for each quarter is required even if no additional fee is due.

 

4.             DATE DUE - The Public Utility Regulatory Fee Report and payment of the regulatory fee is due on or before the 15th day of the second month following the end of each calendar quarter.  Thus, the quarterly due dates are November 15, February 15, May 15, and August 15.  The check should be signed and made payable to NC DEPT OF COMMERCE/ Utilities Commission, if applicable.

 

5.             MAIL TO - The Public Utility Regulatory Fee Report along with a check or money order in the amount of the regulatory fee due must be mailed to the Fiscal Management and Administrative Division, North Carolina Utilities Commission, 4325 Mail Service Center, Raleigh, North Carolina  27699-4325.  Express Mail Address:  430 N Salisbury St, Rm 4223, Dobbs Bldg, Raleigh, North Carolina  27603.

 

6.             QUESTIONS - For assistance in completing this report, please contact Maxine McLamb at [phone]; e-mail [e-mail]; or write to the address contained in Instruction No. 5 above.

 

FAILURE TO COMPLETE AND FILE THIS REPORT AND TO MAKE PAYMENT OF THE REGULATORY FEE AS PRESCRIBED MAY RESULT IN THE IMPOSITION OF A PENALTY, A FINE, AND/OR CANCELLATION OF CERTIFICATE.