Iowa Admin. Code r. 199-26.7 - Rate case expense
(1) A utility
making an application pursuant to Iowa Code section 476.6 shall file, within
one week of the docketing of the rate case, the estimated or, if available,
actual expenses incurred to date or to be incurred by the utility in litigating
the rate case. Except for expenses incurred in preparation of the rate filing
and notification of customers, the expenses shall be limited to expenses
incurred in the time period from the date the initial application is filed
through the filing of the utility's briefs unless the time period is extended
by the commission on a case-by-case basis. Each expense shall be designated as
either estimated or actual.
(2)
Estimated or, if available, actual expenses shall identify specifically:
a. Printing costs for the following:
(1) Rate notification letters.
(2) Initial filing.
(3) Testimony.
(4) Briefs.
(5) Other (specify).
b. Postage costs.
c. Outside counsel costs, including support
personnel:
(1) The name of each attorney
contracted for as outside counsel and the names of support personnel.
(2) Hours worked by each attorney engaged as
outside counsel and support personnel.
(3) Cost per hour charged by each attorney
and support personnel and support for the reasonableness of the rate.
(4) Scope of work and reason outside counsel
was needed.
d. Outside
expert witness/consultant costs:
(1) The name
of each outside consultant employed.
(2) Hours each outside consultant
worked.
(3) Cost/hour per
consultant employed and support for the reasonableness of this rate.
(4) Scope of work and reason consultant was
needed.
If a flat-fee arrangement is used for the services of an outside expert witness/consultant, the other information in this paragraph is still required to be provided.
e. Expenses stated by individual for outside
consultants, outside counsel, and utility personnel:
(1) Travel.
(2) Hotel.
(3) Meals.
(4) Other (specify).
f. Other (specify).
(3) Rate case expense shall not include
recovery for expenses that are otherwise included in temporary or test year
expenses, including salaries for staff preparing the filing, staff attorneys,
and staff witnesses. Rate case expense approved for recovery from customers
shall include only reasonable, nonrecurring, incremental expenses not covered
by test year expenses for the period stated in subrule 26.7(1).
(4) Total allowable rate case expense shall
include expenses incurred by commission staff and the consumer advocate for the
time period stated in subrule 26.7(1). The rate case expense to be filed by the
utility shall not include these expenses.
(5) Estimated rate case expense may be
litigated during or after the rate case proceeding. At the request of the
consumer advocate, another party, or the commission, the utility shall make
witnesses available for cross-examination on any rate case expense item
included in rate case expense.
(6)
Actual utility expenses shall be filed in the same format and detail as
estimated expenses and shall be filed within two weeks after the utility files
its reply brief or at some other point as approved by the commission. All
material differences between estimated and actual expenses shall be fully
supported and justified. Objections to actual utility expenses shall be filed
within 15 days of the filing of actual expenses.
(7) The commission may schedule any
additional hearings to litigate the reasonableness of the final expenses. At
the request of the consumer advocate, another party, or the commission, the
utility shall make witnesses available for cross-examination on any item
included in rate case expenses.
(8)
The recovery mechanism for rate case expense shall be determined by the
commission. Recovery may be through base rates, by means of a rider, or
otherwise. The applicable recovery period will be determined in the rate
proceeding. Recovery through a rider will end once the expense is fully
recovered.
(9) A utility may
recover rate case expenses for the subsequent proceeding for the preparation of
the information and filing required in rule 199-26.6 (476) through the date of
the filing. A utility may request recovery of additional rate case expenses on
a case-by-case basis.
Notes
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