Section 37-4-161 Election by Affiliated System to Become Subject to the Regulatory Jurisdiction of the Public Service Commissioner; Prospective Rates and Rate Structures.

(a) An affiliated system may elect to become subject to the regulatory jurisdiction of the Public Service Commission by filing a notice with the commission. (b) The Public Service Commission shall certify and regulate an affiliated system making an election under this section in accordance with this title, and in arriving at a valuation of the property of an affiliated system, the Public Service Commission shall give due consideration to the private utility’s property, original cost to the affiliated system, cost of reproduction as a going concern when original cost is not available, and other elements of value recognized by law for rate-making purposes as outlined in Section 37-4-17. (c) An affiliated system making an election under this section shall continue to charge the rates in effect at the time of election, and which rates shall continue in force and effect until the rates established by the Public Service Commission are finalized and effective. (d) In establishing prospective rates and rate structures for an affiliated system, the Public Service Commission shall consider both the affiliated system and regulated systems’ capital expenditures and operating expenses together as a whole to determine a single rate structure and rate amounts for all customers of the combined entity, except to the extent the commission finds adjustments are necessary due to pre-existing obligations or other circumstances unique to a particular area served.