393.137. Electrical corporation rate adjustment, one time — definitions — when, how calculated — alternative deferral, when, how calculated.

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393.137. Electrical corporation rate adjustment, one time — definitions — when, how calculated — alternative deferral, when, how calculated. — 1. This section applies to electrical corporations that do not have a general rate proceeding pending before the commission as of the later of February 1, 2018, or June 1, 2018.

2. For purposes of this section, the following terms shall mean:

(1)"Commission" , the public service commission;

(2)"Electrical corporation" , the same as defined in section 386.020 , but shall not include an electrical corporation as described in subsection 2 of section 393.110 .

3. If the rates of any electrical corporation to which this section applies have not already been adjusted to reflect the effects of the federal 2017 Tax Cut and Jobs Act, Pub. L. No. 115-97, 94 Stat. 2390, the commission shall have one time authority that shall be exercised within ninety days of June 1, 2018, to adjust such electrical corporation's rates prospectively so that the income tax component of the revenue requirement used to set such an electrical corporation's rates is based upon the provisions of such federal act without considering any other factor as otherwise required by section 393.270 .

The commission shall also require electrical corporations to which this section applies, as provided for under subsection 1 of this section, to defer to a regulatory asset the financial impact of such federal act on the electrical corporation for the period of January 1, 2018, through the date the electrical corporation's rates are adjusted on a one-time basis as provided for in the immediately preceding sentence. The amounts deferred under this subsection shall be included in the revenue requirement used to set the electrical corporation's rates in its subsequent general rate proceeding through an amortization over a period determined by the commission.

4. Upon good cause shown by the electrical corporation, the commission may, as an alternative to requiring a one-time rate change and deferral under subsection 3 * of this section, allow a deferral, in whole or in part, of such federal act's financial impacts to a regulatory asset starting January 1, 2018, through the effective date of new rates in such electrical corporation's next general rate proceeding. The deferred amounts shall be included in the revenue requirement used to set the electrical corporation's rates in its subsequent general rate proceeding through an amortization over a period determined by the commission.

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(L. 2018 S.B. 564)

Effective 6-01-18

*Number "2" appears in original rolls.

CROSS REFERENCE:

Nonseverability clause, 393.1675