[§269-16.3]  Statewide rate increase
surcharge assessment on ratepayers in emergency situations.  (a)  Any
utility that sustains damage to its facilities as a result of a state-declared
emergency (including but not limited to disaster relief and civil defense
emergencies as defined in chapters 127 and 128) and incurs costs related to the
restoration and repair of its facilities which, if assessed only on the utility
ratepayers of the affected utility service territory, may result in a rate
increase of more than fifteen per cent for the average ratepayer in that
utility service territory, may apply to the public utilities commission in
accordance with this section to recover the costs provided herein through a
monthly surcharge which shall be assessed on a statewide basis and shall be
based on the utility's net restoration and repair costs; provided that the
surcharge shall not result in an assessment of more than fifteen per cent for
the average ratepayer in each of the other utility service territories and provided
further that the public utilities commission shall exclude ratepayers in
utility service territories with rates that may be substantially higher than
other utility service territories in the State.



The public utilities commission shall have the
authority to initially set, or subsequently revise, the surcharge to reflect
the actual net restoration and repair costs incurred after deduction of amounts
received from outside sources of recovery.  Such outside sources of recovery
shall include, but not be limited to, insurance proceeds, government grants,
and shareholder contributions.



(b)  Any utility meeting the criteria set forth
in subsection (a) may file an application with the public utilities commission
setting forth its estimated restoration and repair costs as well as the
estimated amount or amounts that may be received from outside sources of
recovery.



(c)  Within ninety days after filing of the
utility's application, the public utilities commission, upon notice, hearing,
and a determination that the application is just, reasonable, and in the public
interest, shall:



(1)  Decide the extent to which it is just,
reasonable, and in the public interest for the damaged utility's ratepayers or
shareholders, or both, to bear part or all of the repair and restoration costs;



(2)  Determine whether the estimated amount of any net
restoration and repair costs to be borne by the ratepayers of the damaged
utility would result in a rate increase of more than fifteen per cent for the
average residential ratepayer in that utility's service territory;



(3)  Issue an order allowing the affected utility or
another utility acting on behalf of the affected utility to implement a monthly
surcharge on all ratepayers statewide for the type of service rendered by the
affected utility if the public utilities commission determines pursuant to
paragraph (2) that a rate increase of more than fifteen per cent would
otherwise be assessed;



(4)  Exclude from any such order ratepayers in utility
service territories with rates that are substantially higher than other utility
service territories in the State; and



(5)  Periodically review the order to ensure that the
amounts collected by, or on behalf of, the utility shall not exceed the amount
determined by the public utilities commission to be the net restoration and
repair costs actually incurred.



The surcharge shall be assessed over a period to be
determined by the public utilities commission; provided, however, that the
period shall not exceed ten years.



(d)  Any outside sources of recovery, including
but not limited to grants from federal or state sources, shall be used to
offset any repair and restoration costs except where the use of such funds is
otherwise limited by the grantor thereof.



(e)  For the purposes of this section, the term
"restoration and repair costs" means those costs necessary to restore
facilities damaged by a state-declared emergency to a functional level
substantially the same as that existing immediately before the emergency and
does not include the costs of upgrades or enhancements.



(f)  Any utility authorized by the public
utilities commission to assess a surcharge pursuant to this section shall state
separately the amount of the assessment on each affected ratepayer's monthly
bill. [L 1993, c 337, §4]