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  • Acts
  • 2004
  • Chapter 480 AN ACT RELATIVE TO THE UNDERGROUND CABLE REIMBURSEMENT SCHEDULE.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Section 22A of chapter 166 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following clause:-

(i) "Retail delivery revenues", the revenues that a distribution company, as defined in section 1 of chapter 164, receives for transmission and distribution service excluding revenues from power supply, transition charges, renewable charges and demand side management charges.

SECTION 2. Section 22D of said chapter 166, as so appearing, is hereby amended by inserting after the word "revenue", in line 39, the following words:- or in the case of a distribution company as defined in section 1 of chapter 164, 7 per cent of retail delivery revenues.

SECTION 3. Said section 22D of said chapter 166, as so appearing, is hereby further amended by striking out, in line 42, the words "of the next nine".

SECTION 4. Said section 22D of said chapter 166, as so appearing, is hereby further amended by inserting after the word "revenue", in line 43, the following words:- or in the case of a distribution company as defined in section 1 of chapter 164, 7 per cent of retail delivery revenues, but any utility may receive interest at the rate set by the department for customer security deposits.

SECTION 5. Said section 22D of said chapter 166, as so appearing, is hereby further amended by inserting after the word "revenue", in line 49, the following words:- or in the case of a distribution company as defined in section 1 of chapter 164, the retail delivery revenues.

SECTION 6. Section 22E of said chapter 166, as so appearing, is hereby amended by inserting after the word "revenue", in line 6, the following words:- or in the case of a distribution company as defined in section 1 of chapter 164, 7 per cent of retail delivery revenues.

SECTION 7. Section 22M of said chapter 166, as so appearing, is hereby amended by striking out, in lines 6 to 9, inclusive, the words "the provisions of section twenty-two D, provided said utility is not in violation of the provisions of said ordinance or by-law and provided further said ordinance or by-law has been in effect for a period of at least one year" and inserting in place thereof the following words:- section 22D. However, a distribution company, as defined in section 1 of chapter 164, shall impose and collect a surcharge of 7 per cent of retail delivery revenues, plus interest at the rate set by the department, for customer security deposits except in a city or town that before the effective date of this section has enacted an ordinance or by-law under section 22D establishing a 2 per cent surcharge or where construction is in progress or already completed, unless the city or town otherwise agrees to the 7 per cent surcharge by adopting an ordinance or by-law under said section 22D. A surcharge under this section shall apply only if the distribution company is not in violation of the ordinance or by-law and if the ordinance or by-law has been in effect for a period of at least 1 year.

Approved January 6, 2005.