40-401

40-401. Annual assessment by commission against
public service corporations; exception; rate of assessment; date of
levy; annual statement of company intrastate revenue

A. To enable the corporation commission to perform its lawful duties relating to
classifications to be used, rates and charges to be made and collected, rules and
regulations to be prescribed, and supervision over public service corporations, the
commission shall annually make an assessment against each such corporation, excepting
corporations not required to hold certificates of convenience and necessity.

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 utilities
division and a part of the administration, hearing and legal divisions for the following
fiscal year.

2. Multiply the amount determined in paragraph 1 by 1.2.

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

4. Add the gross operating revenues derived from intrastate operations during the
preceding calendar year for all corporations whose revenues reported pursuant to
subsection F of this section were greater than five hundred thousand dollars.

5. For each corporation whose gross operating revenues derived from intrastate
operations during the preceding calendar year reported pursuant to subsection F of this
section were greater than five hundred thousand dollars:

(a) Divide the corporation's gross operating revenues by the amount determined in
paragraph 4.

(b) Multiply the total amount to be raised by the assessment determined in
paragraph 3 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 determined in subsection B of this section and
section 40-401.01, subsection B, the sum of the amounts assessed under this section and
section 40-401.01 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 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 registered mail to any such corporation notice thereof and a statement of the
amount.

E. On or before January 10, each public service corporation with gross operating
revenues greater than five hundred thousand dollars shall file with the commission a
statement showing its estimated gross operating revenues derived from intrastate
operations during the preceding calendar year.

F. On or before May 1, each public service corporation shall file with the
commission, under oath, a statement showing its gross operating revenues derived from
intrastate operations during the preceding calendar year.