TITLE XXXIV
PUBLIC UTILITIES

CHAPTER 363-A
EXPENSES OF PUBLIC UTILITIES COMMISSION AGAINST CERTAIN UTILITIES

Section 363-A:4

    363-A:4 Collection. – Upon the completion of each such list, within 10 business days of September 15, November 15, February 15, and April 15 of each fiscal year, the department of energy shall bill each public utility and each other entity subject to assessment. Such bill shall be sent first-class or electronic mail, and shall constitute notice of assessment and demand for payment. Payment shall be made to the department of energy by the due date stated on the bill, which shall be set no sooner than 30 days after the date the bill is sent. If payment is not made by the due date, the department of energy may add to the assessment a late penalty fee and may commence an action at law for the recovery of the assessment. Within 30 days of the date that the bill assessment for the first or only payment is sent, each public utility or other assessed entity which has any objection to the amount assessed against it for the prior fiscal year shall file with the department its objection in writing, setting out in detail the grounds upon which it is claimed that said assessment is excessive, erroneous, unlawful, or invalid. If such objections are filed, the department, after reasonable notice to the objecting public utility or other assessed entity, shall hold a hearing on such objections, and if the department finds that said assessment or any part thereof is excessive, erroneous, unlawful, or invalid, the department shall reassess the amount to be paid by such public utility or other assessed entity, and shall order that an amended bill be sent to such public utility or other assessed entity in accordance with such reassessment. The department of energy shall not commence an action at law for recovery of any assessment for the first or only payment until any such objection has been resolved.

Source. 1955, 203:1, par. 4. 1971, 557:62. 1995, 29:2. 1997, 208:14. 2004, 148:1, eff. Jan. 1, 2005. 2014, 136:4, eff. July 1, 2014. 2021, 91:244, eff. July 1, 2021. 2023, 79:121, eff. July 1, 2023.