§ 126-129. Staff-assisted rate cases.

Staff-assisted rate cases are intended to provide an eligible Franchisee with the ability to obtain rate relief in a timely manner, reduce the cost of processing a change in rates, provide a method to reduce rate shock to customers, and allow the Franchisee an opportunity to recover its operating costs and to receive a return on its investment so that it remains viable. They are initiated by a request from the Franchisee or on the Board's own motion. Determinations of eligibility for a staff-assisted rate case are conditioned upon County Staffs examination of the petitioner's books and records.

(a)

To be considered for a staff-assisted rate case, the Franchisee must meet all the following requirements unless specifically waived by the Board:

(1)

For the most recent Annual Financial Report period, revenues may not exceed $100,000.00 for each service or $200,000.00 for combined services;

(2)

The Franchisee must have a Valid Franchise Agreement;

(3)

Payment of the Franchise administration fees must be current;

(4)

The Annual Financial Report for the last full fiscal year (Test Period) must be timely filed;

(5)

The minimum filing requirements in subsection (2) of this section must be satisfied;

(6)

The Franchisee must pay a nonrefundable filing fee to the County equal to the greater of $500.00 or one percent of the revenues earned by the Franchisee for the 12-month test period.

(b)

Any Franchisee seeking to increase its rates based upon the application for a staff-assisted rate case shall meet the following minimum filing requirements:

(1)

A brief summary statement or petition explaining why the rate change is proposed;

(2)

Comparison of the revenues and operating expenses for the Test Period with the previous year;

(3)

Any proposed plant additions or improvements; and

(4)

A schedule of current service rates.

(c)

Franchisee shall have the following items available for County Staff review:

(1)

A copy of detailed general ledger or other accounting records which may be traced to the Test Period;

(2)

Copies of canceled checks or, at a minimum, a copy of the check register or cash disbursement journal which supports the Test Period;

(3)

The Franchisee's most recent and previous two federal income tax return;

(4)

Copies of power bills for the Test Period, batched by individual meter, identifying the meter as to particular well, lift station or other appropriate utility function;

(5)

Copies of the invoices for chemicals used for water and/or wastewater treatment during the Test Period;

(6)

Copies of latest Franchisee's real estate tax bill(s), occupational license tax bill, and tangible personal property tax bill(s);

(7)

Schedule of any cost increases subsequent to the Test Period, if applicable;

(8)

Copies of all permits issued by either the Department of Environmental Protection (DEP) or the Department of Health (DOH);

(9)

Copies of DEP and DOH monthly operation reports for the Test Period;

(10)

Copies of the latest DEP sanitary survey and/or wastewater compliance inspection report for the Test Period;

(11)

Any written notice of violation or consent order from a government agency;

(12)

Copies of any contracts or agreements for services; and

(13)

Such additional information as may be required by County Staff or the Board.

(d)

The Franchisee, in requesting County Staff assistance, shall agree to accept the final rates and charges approved by the Board. However, prior to the public hearing by the Hearing Examiner and subject to Board approval, the Franchisee may withdraw an application for a staff-assisted rate case due to unforeseen circumstances.

(e)

Following County Staff determination of proposed rates and charges, the Franchisee shall provide notice to its customers stating the proposed rate increase, the reason for the increase and informing the customers that a public hearing shall be held to consider this request.

(f)

Section 126-133 shall not apply to staff-assisted rate cases.

(Ord. No. 2016-041, § 2, 9-21-2016)