40-401.01. Residential utility consumer assessment; exceptions; rate of assessment; date of levy; annual statement of company intrastate revenue

A. To fund the residential utility consumer office the commission shall annually make a residential utility consumer assessment against each public service corporation, excepting corporations not required to hold certificates of convenience and necessity and member-owned nonprofit cooperative corporations.

B. The amount of the assessment to be made against each corporation pursuant to subsection A of this section shall be computed as follows:

1. Determine the amount appropriated by the legislature for operating the residential utility consumer office for the following fiscal year.

2. Subtract the monies estimated to remain unexpended in the residential utility consumer office revolving fund at the end of the current fiscal year from the amount determined in paragraph 1. The difference is the total amount to be raised by the assessment.

3. Add the gross operating revenues derived from intrastate operations serving residential consumers during the preceding calendar year for all corporations whose revenues reported pursuant to section 40-401, subsection F were more than five hundred thousand dollars.

4. For each corporation whose gross operating revenues derived from intrastate operations during the preceding calendar year reported pursuant to section 40-401, subsection F were greater than five hundred thousand dollars:

(a) Divide the corporation s gross operating revenues derived from intrastate operations serving residential consumers reported pursuant to subsection E of this section by the amount determined in paragraph 3.

(b) Multiply the total amount to be raised by the assessment as determined in paragraph 2 by the amount determined in subdivision (a). The product is the amount of the assessment to be made against the corporation pursuant to this section.

C. Notwithstanding the amounts computed pursuant to subsection B of this section and section 40-401, subsection B, the sum of the amounts assessed under this section and section 40-401 shall not exceed one-quarter of one per cent of any such corporation's gross operating revenues derived from intrastate operations during the preceding calendar year.

D. The residential utility consumer assessment prescribed by subsections A and B of this section shall be levied by the commission not later than June 15 and shall be paid within fifteen days after mailing by certified mail to any such corporation notice thereof and a statement of the amount.

E. Each public service corporation shall, on or before May 1, file with the commission, under oath, a statement showing the gross operating revenues derived from intrastate operations during the preceding calendar year that were received from residential consumers.

F. The commission shall promulgate an order defining " residential consumer" for purposes of the residential utility consumer assessment prescribed by this section.