40-401. Annual assessment by commission against public service corporations; exception; rate of assessment; date of levy; annual statement of company intrastate revenue A. To enable the corporation commission to perform its lawful duties relating to classifications to be used, rates and charges to be made and collected, rules and regulations to be prescribed, and supervision […]
40-401.01. Residential utility consumer assessment; exceptions; rate of assessment; date of levy; annual statement of company intrastate revenue A. To fund the residential utility consumer office the commission shall annually make a residential utility consumer assessment against each public service corporation, excepting corporations not required to hold certificates of convenience and necessity and member-owned nonprofit […]
40-402. Findings of fact defined Findings of fact of the commission within the meaning of this article shall be: 1. Determinations of fact expressed in statements rendered pursuant to this article. 2. Determinations of fact set out in the minutes of the commission recording the action of the commission in passing upon such statements and […]
40-403. Objection to statement of assessment; hearing; notice of findings; compliance by company A. Within fifteen days after the date of mailing a statement as provided in this article, the corporation against which the statement is rendered may file with the commission its objections thereto. Not less than five nor more than ten days after […]
40-404. Making of objection to assessment as condition of action to recover assessment paid No action for recovery of an amount paid under the terms of this article shall be maintained in any court unless objections have been filed with the commission as provided in section 40-403. In an action for recovery of any payments, […]
40-405. Action to enjoin collection of assessment prohibited; action to recover assessment paid; limitation No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in accordance with the provisions of this article. A corporation against which a statement is rendered […]
40-406. Exclusive procedure to determine legality of assessments and to recover assessments paid A. The procedure provided in this article for determining the lawfulness of statements and the recovery of payments made pursuant to statements of assessments shall be exclusive of all other remedies and procedures. B. The provisions of sections 40-253, 40-254, 40-254.01 and […]
40-407. Enforcement of payment; seizure and sale of property A. If any corporation to which a statement for the amount assessed against it as provided in this article has been rendered fails or refuses to pay the amount within fifteen days, or fails to file with the commission objections to the statement as provided by […]
40-408. Disposition of assessment proceeds; utility regulation revolving fund; exemption from lapsing A. The utility regulation revolving fund is established. B. All monies received by the commission under the provisions of section 40-401 shall be deposited, pursuant to sections 35-146 and 35-147, in the utility regulation revolving fund. C. Subject to legislative appropriation, the commission […]
40-409. Disposition of residential utility consumer assessment proceeds; residential utility consumer office revolving fund; exemption from lapsing A. The residential utility consumer office revolving fund is established. B. All monies received by the commission under the provisions of section 40-401.01 shall be deposited, pursuant to sections 35-146 and 35-147, in the residential utility consumer office […]
