§ 17-608. Corporation Commission - Jurisdiction over sales of compressed natural gas - Notice of price increases - Hearing.

A.  The Corporation Commission shall have jurisdiction over all sales in this state of compressed natural gas to the state or any county, municipality or public trust authority located within this state, the State Department of Education or any school district within this state, if the compressed natural gas is utilized in a government vehicle or a school vehicle as defined in Section 2 of this act.

B.  Any entity engaged in the sale of compressed natural gas, in the manner specified in subsection A of this section, and not otherwise determined to be a public utility pursuant to Section 151 of this title, shall be required to give notice to the Commission prior to increasing the price of compressed natural gas more than five percent (5%).  The Commission shall either approve the increase within five (5) business days of the notification or notify the entity of the suspension of the price increase pending further investigation of such increase.  The Commission shall give notice and conduct hearings concerning such price increases as the Commission deems appropriate and the Commission shall notify the Attorney General of the time and place any such hearings are to be held.  In determining whether the increase should be granted, the Commission shall consider:

1.  the costs of the entity to provide the compressed natural gas;

2.  the availability of alternate fuel supplies to consumers; and

3.  the potential impact of the proposed increase on the availability of compressed natural gas.

Any public utility engaged in the sale of compressed natural gas in the manner specified in subsection A of this section shall not sell such compressed natural gas at a price greater than the applicable tariff rate for commercial customers of such public utility plus the costs of compressing such gas.

C.  Notice to the Commission shall be given by filing a verified statement with the Director of the Public Utility Division which sets forth:

1.  the name and address of the entity;

2.  the current price and the proposed price;

3.  documentation which supports the need for the increase; and

4.  the proposed date of the increased price.

D.  The Commission shall have the authority to promulgate any rules and regulations as it may deem necessary concerning the regulation of compressed natural gas prices pursuant to the provisions of this section.

Added by Laws 1990, c. 336, § 8, operative July 1, 1990.