TUC.2.5.040 Procedures to Amend Tariffs for Public Utilities

Public Utilities may not establish or implement any Tariff Alteration unless and until all procedures set forth in this Section have been completed to the satisfaction of the Commission. For the purposes of this Section, a "tariff alteration" shall mean (i) an amendment to existing tariffs or any portion or provision thereof, or (ii) a change in or establishment of any rate, toll, or classification associated with the Utility Service in a manner that deviates from the terms of procedures established under existing tariff.

(a) Any Public Utility that wishes to establish a Tariff Alteration shall file a Petition for Tariff Alteration with the Commission. The Petition shall be on a form prescribed by the Commission and shall contain, at a minimum:

(1) The nature of the requested Tariff Alteration;

(2) The basis for the requested Tariff Alteration with supporting documentation as necessary and appropriate;

(3) Impacts to Customers under the proposed Tariff Alteration and under alternative actions to address the basis for the requested Tariff Alteration, including a no-action alternative.

(4) A certificate, on a form prescribed by the Commission, showing to the satisfaction of the Commission that the Utility has provided adequate notice of the Petition for Tariff Alteration to its customers receiving Utility Service on the Reservation.

(5) Within fourteen (14) days after receipt of a Petition for Tariff Alteration, the Commission shall publish a Notice of Comment Period providing notice to the public of its right to submit public comments on the proposed Tariff Alteration. The Commission shall set rules and procedures associated with the form and system for filing public comments. The Commission may determine the length of the public comment period based on, inter alia, the complexity of the proposed Tariff Alteration or the nature of the impacts on Customers. However, public comment periods shall be for no less than thirty (30) days and no more than one hundred twenty (120) days.

(6) At the conclusion of the public comment period, the Commission may, at its discretion or at the direction of the Governing Board, set a public hearing on the proposed Tariff Alteration. The Commission may set procedural rules and rules of conduct governing public hearings on proposed Tariff Alterations. Public hearings shall be open to all Persons residing or conducting business on the Reservation.

(7) Within sixty (60) days after the conclusion of the public comment period, or within sixty (60) days after the public hearing if such public hearing takes place, the Commission shall issue an order approving or denying the proposed Tariff Alteration. The proposed Tariff Alteration shall be deemed approved if the Commission fails to issue an order within the applicable time period, provided that the Commission may extend its timeline to issue a decision upon approval by the Governing Board and notice to the petitioning Utility.

(8) Notwithstanding anything in this Section to the contrary, the Commission may deny a requested Tariff Alteration without underdoing the public notice and comment procedures set forth in this Section upon finding that the requested Tariff Alteration would constitute a prima facie violation of this Code.