Rutgers Law

New Jersey Statutes, Title: 48, PUBLIC UTILITIES

    Chapter 2: Board of Public Utilities continued; membership; terms.

      Section: 48:2-56: Fees and charges.

          
1. The Board of Public Utilities is hereby empowered, authorized and required to charge and collect fees and charges for the purposes and in the amounts hereinafter set out.

A. Filing of Annual Reports
Charge Per
Report
(1) Sewer ............................. $20.00
Classes A, B, C, and D ... 20.00
Class E (Income Sheets) ......... 5.00
(2) Railroad .......................... 50.00
Nonoperating ................... 10.00
(3) Telephone
Class A ............................ 50.00
Class B ............................ 20.00
(4) Water
Class A ............................. 50.00
Classes B and C ................. 20.00
Class D ................................ 10.00
Class E (Income Sheets) ........ 5.00

(5) Bus
Class A ................................. 50.00
Class B ................................. 25.00
Class C ................................ 10.00

(6) Gas .................................... 50.00

(7) Electric ............................. 50.00

(8) Combination gas and electric 100.00

(9) (Deleted by amendment, P.L.1993, c.124).

B. Examination and Audit of Annual Reports

(1) The total fee is to be based on reported intrastate operating revenues, and, except as noted below for certain interstate utilities, will consist of a base charge plus an incremental charge per unit of $1,000.00 or fraction thereof for each such unit in excess of the lower limit of the indicated range.

The
Incremental
Charge per
If the Reported Operating The Base $1,000
Revenues Fall Within the Range Charge is Unit is
Under $10,000 $10.00 ........
$10,000 to 25,000 15.00 .......
25,000 to 50,000 25.00 .......
50,000 to 500,000 25.00 $0.50/M
500,000 to 1,000,000 250.00 0.39/M
1,000,000 to 5,000,000 445.00 0.15/M
5,000,000 to 10,000,000 1,045.00 0.10/M
10,000,000 to 50,000,000 1,545.00 0.08/M
50,000,000 to 100,000,000 4,745.00 0.07/M
100,000,000 to 200,000,000 8,245.00 0.05/M
200,000,000 and over 13,245.00 0.03/M

(2) Public utilities engaged in interstate commerce who are required to file annual reports with the board and who derive 50\% or more of their operating revenues from interstate commerce shall pay a fee for examination and audit of their annual report in accordance with the following schedule. The board may establish reasonable rules for the determination of such intrastate revenues in cases where the same have not been reported.

For Intrastate Revenues Within the Range The Fee is
Under $10,000 .................. $25.00
$10,000 to 50,000 .................. 50.00
50,001 to 200,000 .................. 75.00
200,001 to 500,000 .................. 150.00
500,001 to 1,000,000 .................. 300.00
over 1,000,000 .................. 500.00

C. Pamphlets and Publications Charge Per
Copy
(1) Annual report of the Board of
Public Utilities ... $2.00
(2) Utility annual report forms
Sewer ..................................... 5.00
Income Sheets ..................... 2.00
Railroad ................................. 10.00
Telephone ............................... 10.00
Water
Classes A, B and C ................ 10.00
Class D ................................ 5.00
Class E (Income Sheets) ....... 2.00
Buses
Class A ................................. 10.00
Class B ................................. 5.00
Class C ................................. 2.00
Gas .......................................... 10.00
Electric ................................... 10.00
(3) Pamphlets containing rules and regulations
and all other pamphlets published by the
board
Pamphlets with less than 25 pages... 2.00
Pamphlets with 25 pages or more but less
than 50 pages .................................. 2.50
Pamphlets with 50 pages or more .... 2.50
Plus $0.25 for each additional 25 pages or
fraction thereof in excess of 50 pages
(4) Uniform system of accounts ....... 10.00
(5) Photocopies of documents or reports--
per page......... up to $0.10 for letter size or smaller up to $0.15 for legal size or larger

Charge for
Each
Year Covered
(6) Compilation of board's decisions ... $2.00
(7) Statistics of utilities--private and
municipal 3.00
D. Subpoenas--Petition for and Issuance Charge per
Subpoena
(1) Subpoena for the attendance of
witnesses .... $2.00
(2) Subpoena duces tecum 5.00

E. Applications and Petitions Submitted to the Board

(1) For approval of issuance of securities or evidences of indebtedness the filing fee shall be based on the estimated proceeds before costs and expenses of issuance. When the actual proceeds become known, the fee will be adjusted accordingly. The total filing fee will consist of a base charge plus an incremental charge per unit of $1,000.00 or fraction thereof of proceeds in excess of the lower limit of the range of the indicated block. In the case of stock dividends, the proceeds shall be taken as the amount to be transferred from earned surplus account.

The Incremental
Charge
If the proceeds of the Trans- The Base per $1,000
action Fall Within the Range Charge is Unit is
Under $5,000 $10.00 .....
$5,001 to 10,000 15.00 .....
10,001 to 20,000 30.00 .....
20,001 to 30,000 50.00 .....
30,001 to 100,000 50.00 $0.70/M
100,001 to 500,000 99.00 0.60/M
500,001 to 1,000,000 339.00 0.50/M
1,000,001 to 5,000,000 589.00 0.40/M
5,000,001 to 10,000,000 2,189.00 0.35/M
10,000,001 to 25,000,000 3,939.00 0.30/M
25,000,001 and over 8,439.00 0.25/M

(2) For increases in rates or fares, whether by petition, filing of revised tariff, or by petition for negotiated relief under R.S.48:2-21.1, provided that when two petitions or a petition with an amendment relate to one and the same increase only one fee shall be charged, the fees are to be based on the proposed increase in annual operating revenues for which application is made and will consist of a base charge plus an incremental charge per unit of $1,000.00 or fraction thereof for each such unit in excess of the lower limit of the indicated range.

The Incre-
mental
Charge
If the Proposed The Base per $1,000
Increase Falls Within the Range Charge is Unit is
Up to $5,000 $25.00 .....
$5,000 to 30,000 25.00 $2.00/M
30,000 to 100,000 75.00 1.80/M
100,000 to 300,000 201.00 1.60/M
300,000 to 600,000 521.00 1.40/M
600,000 to 1,000,000 941.00 1.20/M
1,000,000 to 5,000,000 1,421.00 1.00/M
5,000,000 to 10,000,000 5,421.00 0.80/M
10,000,000 to 20,000,000 9,421.00 0.60/M
20,000,000 and over 15,421.00 0.30/M

Filing of an initial rate, a contract for a special rate or any other document involving a tariff change not otherwise provided for above ................................................................... $25.00

In addition to the filing fee computed in accordance with the foregoing, the public utility shall pay a processing fee of 1/10 of 1\% of the new or initial annual operating revenues or increase in annual operating revenues that may be authorized by the board, which fee in no event shall be less than ............................... $25.00

Filing automatic adjustment clause tariff
revision.............................................................. $25.00
(3) For sales of property or leases of property
(Based on the Consideration or Annual Rental) Filing Fee
Up to $1,000 ................... $10.00
$1,001 to 5,000 ................... 25.00
5,001 to 10,000 .................. 50.00
10,001 to 20,000 .................. 75.00
20,001 to 50,000 .................. 150.00
50,001 to 100,000 ................... 250.00
100,001 and over ........................... 350.00
(4) For approval of mergers Filing Fee

The filing fee for approval of mergers is to be based on the total utility plant account of the surviving utility and will be computed according to the schedule of charges set forth herein for sales of property or leases of property.

(5) For approval of a municipal consent .... $20.00
Where petition requests approval of more
than one municipal consent on the same
route for each such additional consent 10.00
(6) For rehearing, reopening, reargument or
reconsideration of any matter ............ 15.00
(7) For approval of contracts under Revised
Statutes 48:3-7.1........................ 100.00
(8) For establishment of new railroad-highway
crossing at grade.......................... 50.00
(9) For grade crossing separation ......... 100.00

(10) For relocation or widening of grade
crossing.............................. 100.00
(11) For abandonment of grade crossing ... 50.00
(12) For discontinuance of station agents
and stations ....................................... 50.00
(13) For authority to exercise eminent domain--
for each separate parcel of property
involved .................. 100.00
(14) Any application or petition not herein
specifically designated or described..... 25.00
(15) For inspection or test of electric,
water or gas meter ................................ 5.00
(This fee is to be returned to the
customer and collected from the utility
in cases where the meter is found to be
registering fast beyond the allowable
limit of accuracy established by the board.)
F. Autobuses or Other Motor Vehicles
(1) For approval of transfer of municipal
consents.................. $25.00

(2) For approval of conditional sale contract,
notes or chattel mortgage based on the
principal amount involved

Filing Fee
$5,000 or less 10.00
5,001 to 10,000 15.00
10,001 to 25,000 25.00
25,001 to 50,000 50.00
50,001 to 100,000 75.00
Over $100,000 100.00
(3) For changes, extensions or consolidation
of existing autobus routes ....... 25.00
(4) For approval of leases of equipment 25.00
Charges
(5) For inspection of new bus equipment and
issuance of certificate of compliance--
each bus .......... 115.00
(6) Specification recheck--each bus ....... 50.00
(7) For issuance of duplicate certificate of
compliance--each .......................... 2.00
(8) For inspection of autobus for restoration
to service after removal for lack of
insurance ....................................... 70.00
(9) For each periodic inspection of autobus by
board's inspector (including first
recheck)--each bus ............ 85.00
(10) Additional maintenance recheck--each bus 35.00
(11) Self inspection--each bus ..................... 30.00
G. Miscellaneous Filing Fee
(1) Formal complaints--Costs to be assessed
against the respondent utility if the
complaint is sustained by the board $25.00
(2) Answers to formal complaints ........... 10.00
(3) Where the answer sets up a prayer
for affirmative relief ......................... 25.00
(4) Amendment to any petition or answer .. 10.00
(5) Reports and statements filed by pipeline
companies as required by board's rules
issued under the authority of Title 48
of the Revised Statutes except accident
reports ............................. 200.00
(6) (Deleted by amendment, P.L.1993, c.124).

Charge Per
Copy

(7) Extra copy of any decision, order or
certificate of the board ........... up to $0.10 per letter size page or smaller, up to $0.15 per legal size page or larger
(8) Certification of any document .............. 2.50

All filing fees shall be paid at the time of the original filing of the report, application, petition or other document or paper in the matter. No pleading will be considered filed until the appropriate fees are paid. In cases where such payment is not feasible, as may be determined by the board, the amount will be due and payable on the presentation of an invoice.

When a petition covers more than one matter or makes a prayer for relief with respect to more than one matter, the fee for filing the same shall be the sum of the fees that would be paid for each individual matter.

When several utilities or petitioners join in the filing of a single petition, then the fees herein provided shall apply to each petitioner as may be appropriate.

L.1959, c.43, s.1; amended 1962, c.198, s.28; 1967, c.156, s.2; 1993, c.124, s.1; 2010, c.75, s.6.



This section added to the Rutgers Database: 2012-09-26 13:37:54.

Older versions of 48:2-56 (if available):

Court decisions that cite this statute: CLICK HERE.