North Dakota Code § 49-05-04.1

Test year - Public utility rate filings
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1. A public utility, at its option, may use any one of the following twelve -month periods as 
its test year for rate filings with the commission:
a. A historical test year, which may be either the latest twelve -month period for 
which actual data is available at the time of filing new schedules or the latest 
calendar or fiscal year for which actual data is available at the time of filing new 
schedules.
b. A current test year, which is any consecutive twelve-month period ending not later 
than twelve months after the date new schedules are filed. A public utility 
selecting a current test year also shall file data for the twelve-month period 

immediately preceding the current test year selected and that period is the 
"historical period" for the public utility.
c. A future test year, which is any consecutive twelve -month period ending no later 
than twenty -four months after the date new schedules are filed. A public utility 
selecting a future test year must file data for the twelve consecutive months 
immediately preceding the future test year and that period is the "current period" 
for the public utility.
2. A public utility selecting a current or future test year shall present the following 
information:
a. A comparison of forecast data to historical period data to demonstrate the 
reliability and accuracy of the utility's forecast including a comparison of the prior 
years' forecast or budgeted data to actual data for those periods.
b. A statement that the public utility's forecast is reasonable, reliable, and was made 
in good faith and that all basic assumptions used in making or supporting the 
forecast are reasonable, evaluated, identified, and justified to allow the 
commission to test the appropriateness of the forecast.
c. A statement that the accounting treatment that has been applied to anticipated 
events and transactions in the forecast is the same as the accounting treatment 
to be applied in recording the events once they have occurred.
3. The public utility may update its filing for material changes as actual data becomes 
available up to thirty days before the hearing. Except for good cause shown, a public 
utility may not submit more than one updated filing before the hearing. In the absence 
of an updated filing by the public utility, the commission may require a public utility to 
update its filing when the commission staff introduces evidence that a material change 
has occurred.
4. A public utility may propose estimated or calculated adjustments to the selected 
historical or current test year for all known and measurable changes in operating 
results as measured in the test year. The adjustments must be made in the same 
context and format as the information was provided in the original filing. The 
adjustments may reflect material changes in plant investment, operating revenues, 
expenses, and capital structure if the changes occurred during the selected historical 
or current test year or are reasonably certain to occur subsequent to the selected test 
year within twelve months from the date of the rate filing.

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