§ 54.97. State tax adjustment surcharge.
(a) Surcharge calculation. Every EDC subjected to new or increased State taxes under sections 2806(g), 2809(c) and 2810 of the code (relating to implementation, pilot programs and performance-based rates; requirements for electric generation suppliers; and revenue-neutral reconciliation) and § § 69.5169.56 (relating to inclusion of State taxes and gross receipts taxes in base rates) that proposes to modify its STAS to recover these taxes shall include the following information in its surcharge calculation:
(1) The amounts paid under sections 2806(g) and 2809(c) for the immediately preceding 12-month period ending on June 30, plus interest accrued at 6% per year from the time of payment until the time the payments are reflected in customer rates. The EDC shall also provide an affidavit that it has not recovered these taxes under the other means in sections 2806(g)(3)(iii) and 2809(c)(2) of the code.
(2) Adjustments to the gross receipts tax rate pursuant to the RNR.
(3) When applicable, paragraphs (1) and (2) shall be added to any other amounts recoverable under the STAS.
(4) The total of paragraph (3) divided by a factor which is the complement of the Gross Receipts Tax (GRT) rate (1 minus the GRT rate), adjusted by the RNR to the extent that recovery is approved by the Commission under section 2804(16) of the code (relating to standards for restructuring of electric industry).
(5) The quotient of paragraph (4) divided by gross intrastate operating revenues derived from service under rates subject to the jurisdiction of the Commission for the most recently completed calendar year, exclusive of the revenues produced by the surcharge permitted by subsection (a). This quotient shall be expressed as a percentage.
(2) If the EDC increased or decreased its rates under the Commissions jurisdiction during or after the most recently completed calendar year, it shall include in its computation the appropriate adjustments to paragraphs (1)(5), as if the increased or decreased rates had been in effect for all of that calendar year.
(b) For rate changes that require the STAS to be filed under this section, every EDC shall provide the following information to the Commission:
(1) For a change in an EDCs RNR tax liability contained in a notice from the Department, the information described in § 54.94(b)(3) (relating to recovery of changes in State tax liability).
(2) For amounts paid by an EDC under sections 2806(g) and 2809(c) of the code, the information described in § 54.94(b)(4).
(c) Every tariff or tariff supplement modifying an EDCs STAS under this section shall carry an effective date which shall be 10 days after its filing with the Commission and shall be applicable for service rendered on or after the effective date.
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