Title 48, Title 48: PUBLIC UTILITIES

48:2-1.3. Short title This act shall be known as, and may be cited as, the "Department of Public Utilities Act of 1948." L.1948, c. 90, p. 507, s. 4.

48:2-1.4. Effective date This act shall take effect on the first day of July, one thousand nine hundred and forty-eight, except that any designation permitted by this act may be made prior to such date. L.1948, c. 90, p. 507, s. 5.

48:2-10. Certified copies of records as evidence Copies of all official documents and orders filed or deposited in the office of the board, certified by a member thereof or the secretary to be true copies, under the official seal of the board, shall be evidence in like manner as …

48:2-10.1 Definitions. 1. As used in sections 1 through 4 of P.L.2021, c.96 (C.48:2-10.1, C.48:2-10.2, C.48:2-32.8, and C.48:2-32.9): "Board" means the Board of Public Utilities or any successor agency. "Contested case" shall have the same meaning as provided in section 2 of P.L.…

48:2-10.2 Electronic public document search system. 2. a. No later than 90 days after the effective date of P.L.2021, c.96 (C.48:2-10.1 et al.), the board shall establish, maintain, and update, as appropriate, an electronic public document search system, through the board's Inter…

48:2-11. Annual report The board shall report annually on or before January 15, to the Governor, making such recommendations as it may deem proper. The report shall be laid before the next succeeding Legislature. Amended by L.1962, c. 198, s. 8.

48:2-12. Rules The board may make all needful rules for its government and other proceedings.

48:2-13 Powers of board; public utility defined; exemptions from jurisdiction 48:2-13. a. The board shall have general supervision and regulation of and jurisdiction and control over all public utilities as defined in this section and their property, property rights, equipment, f…

48:2-13.1. Rural, electric cooperatives; powers of board Notwithstanding the provisions of any other law, rule or regulation to the contrary, with respect to a rural, electric cooperative which is exclusively owned and controlled by the consumers it serves, the Board of Public Ut…

48:2-13.1a Customers of rural electric cooperative, electronic billing, payment permitted. 11. Upon the request of a customer, a rural electric cooperative may: a. offer the customer the ability to receive or access, in electronic format, any periodic bill for service sent by suc…

48:2-13.2 Limited jurisdiction of Board of Public Utilities over certain nonpublicly-owned, nonprofit water companies 1. The provisions of any law, rule, regulation or order to the contrary notwithstanding, with respect to a nonpublicly-owned, nonprofit water company which is exc…

48:2-14. Approval of grants by municipalities of franchises and privileges to public utilities No privilege or franchise granted after May first, one thousand nine hundred and eleven, to any public utility by a political subdivision of this state shall be valid until approved by …

48:2-15. Authority over interstate commerce; interstate co-operation (a) The board or the members thereof, whenever authorized by an Act of Congress to exercise any power or authority over interstate commerce, shall have full power and authority to administer the provisions of su…

48:2-16. Supervisory and regulatory powers in general 1. The board may, after hearing, upon notice, by order in writing, require every public utility: Compliance with laws and ordinances. (a) To comply with the laws of the State and any municipal ordinance relating thereto, and t…

48:2-16.1. Examination and audit of accounts The Board may provide for the examination and audit of all accounts and may determine, after notice and hearing, the propriety of the allocation and entry of parts of items to 2 or more accounts, and the propriety of the entry of any i…

48:2-16.2. Inspection and examination of books and records The board's officers and employees may, under direction of the board, inspect and examine all books, accounts, papers, records and memoranda kept by any public utility in respect of any matter within the board's jurisdict…

48:2-16.3. Failure to file annual report on date due; penalty Any public utility that shall fail to file any annual report on the day on which it shall be due, shall be subject to a penalty of $5.00 for each day thereafter until such report is filed. The Board of Public Utility C…

48:2-16.4. Management audits The Board of Public Utilities shall establish procedures to provide for management audits to be performed on a regular or irregular schedule on all or any portion of the operating procedures and any other internal workings of every gas or electric uti…

48:2-16.5 Electric public utilities, file report of meetings, votes; definitions. 1. a. As used in this section: “Affiliate” means any individual or entity that directly or indirectly controls, is under common control with, or is controlled by an electric public utility. “Board” …

48:2-17. Filing list of officials and their duties with board The board may require every public utility to file with the board a statement in writing, verified by the oaths of the president and secretary of the public utility, setting forth the name, title of office or position …

48:2-18. Depreciation accounts; rates of depreciation; conformity to rates The board may, after hearing, upon notice, by order in writing, require every public utility to carry, whenever in the judgment of the board it may reasonably be required for the protection of stockholders…

48:2-19. Investigations; valuation of property of public utility The board may: a. Investigate upon its own initiative or upon complaint in writing any matter concerning any public utility; b. Appraise and value the property of any public utility whenever in the judgment of the b…

48:2-2. Seal; employees; compensation The board shall have a common seal. It shall appoint a secretary, assistant secretaries, counsel and such other employees as it may deem necessary and fix their duties and terms of service. It shall fix the compensation of all officers and em…

48:2-20. Testing appliances; access to premises; fees The board may: a. Provide for the examination and test of any and all appliances used for the measuring of any product or service of a public utility; b. By its agents, experts or examiners, enter upon any premises occupied by…

48:2-21. Rates Schedule of rates. (a) The board may require every public utility to file with it complete schedules of every classification employed and of every individual or joint rate, toll, fare or charge made, charged or exacted by it for any product supplied or service rend…

48:2-21.1. Adjustment of rates during pendency of hearing The board may, during the pendency of any hearing instituted by it, on its own initiative or on petition, in which the approval or fixing of just and reasonable individual rates, joint rates, tolls, charges or schedules th…

48:2-21.10. Expenses incurred in complying with the worker and community right to know act considered as current expenses The Board of Public Utilities shall consider all expenses incurred by a public utility in complying with the provisions of P.L.1983, c.315 (C.34:5A-1 et seq. …

48:2-21.11. Moneys received as reimbursement for costs incurred from insurance carrier or as result of legal action or settlement as moneys available In determining just and reasonable rates for any electric utility pursuant to R.S. 48:2-21, R.S. 48:2-21.1, or section 31 of P.L.1…

48:2-21.12. Adjustment to rates to provide reimbursements received are applied to reduction of utility rates The board shall make an appropriate adjustment to the rates charged to rate payers to provide that any reimbursements so received are applied properly for reducing utility…

48:2-21.13. Inapplicability of act to reimbursements under $100,000 The provisions of this act shall not apply to moneys reimbursed which are less than $100,000.00. L.1983, c. 461, s. 3, eff. Jan. 12, 1984.

48:2-21.14. Fines, penalties not operating expense In determining just and reasonable rates for any electric utility pursuant to R.S. 48:2-21, R.S. 48:2-21.1, or section 31 of P.L. 1962, c. 198 (C. 48:2-21.2), the board shall not allow as an operating expense, any fines or penalt…

48:2-21.15. Rate reduction Any telecommunications carrier other than a telephone company, that is no longer subject to taxation on personal property pursuant to R.S. 54:4-1 et seq., or to taxation upon its gross receipts pursuant to P.L. 1940, c. 4 (C. 54:30A-16 et seq.) as a res…

48:2-21.16. Findings, declarations 1. a. The Legislature finds and declares that it is the policy of the State to: (1) Maintain universal telecommunications service at affordable rates. (2) Ensure that customers pay only reasonable charges for local exchange telecommunications se…

48:2-21.17 Definitions. 2. As used in this act: "Alternative form of regulation" means a form of regulation of telecommunications services other than traditional rate base, rate of return regulation to be determined by the board and may include, but not be limited to, the use of …

48:2-21.18. Plans for alternative form of regulation, petition, requirements 3. a. A local exchange telecommunications company may petition the board to be regulated under an alternative form of regulation. The company shall submit its plan for an alternative form of regulation w…

48:2-21.19 Competitive services, rates not regulated; conditions. 4. a. (1) Notwithstanding the provisions of R.S.48:2-18, R.S.48:2-21, section 31 of P.L.1962, c.198 (C.48:2-21.2), R.S.48:3-1, or any other law to the contrary, the board shall not regulate, fix, or prescribe the r…

48:2-21.2. Circumstances under which board not required to find rate base In arriving at any determination as to the justness or reasonableness of any existing rate, fare or charge or in prescribing a just and reasonable rate, fare or charge, the board shall not be bound: 1. To f…

48:2-21.20. Interexchange carrier services deemed competitive, standards 5. a. For purposes of subsection a. of section 4 of this act, telecommunications services provided by interexchange telecommunications carriers are deemed to be competitive services. b. Nothing in this act s…

48:2-21.21. Rate counsel assessments 6. Whenever rate counsel represents the public interest pursuant to its statutory authority in the review of the petition and plan filed by a local exchange telecommunications company or an interexchange telecommunications carrier with the boa…

48:2-21.22 Findings, declarations relative to AOS providers. 1. The Legislature finds and declares that: a. In 1991, the Legislature acted to exempt competitive telecommunications services from traditional public utility regulation upon a finding that this type of regulation is g…

48:2-21.23 Regulation of the alternate operator service provider; definition. 2. Notwithstanding the provisions of P.L.1991, c.428 (C.48:2-21.16 et seq.) or any other law to the contrary, the Board of Public Utilities shall regulate the rates and terms and conditions of service o…

48:2-21.24. Findings, declarations relative to production, delivery of electricity, natural gas 1. The Legislature finds and declares that it is the policy of the State to foster the production and delivery of electricity and natural gas in such a manner as to lower costs and rat…

48:2-21.25. Definitions 2. As used in this act: "Alternative form of regulation" means a form of regulation of electric or gas utility services other than traditional rate base, rate of return regulation as embodied in Title 48 of the Revised Statutes, to be determined by the boa…

48:2-21.26. Standards for off-tariff rate agreements 3. a. No later than October 18, 1995 and notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Board of Public Utilities shall initiate a proceeding and s…

48:2-21.27. Base rate case proceedings 4. a. An electric public utility that enters into an off-tariff rate agreement pursuant to section 3 of P.L.1995, c.180 (C.48:2-21.26) shall not recover through rates any revenue erosion that occurs between the effective date of the agreemen…

48:2-21.28. Petitions for alternative forms of regulation; NJSAVE program 5. a. An electric or gas public utility may petition the Board of Public Utilities to be regulated under an alternative form of regulation for its distribution system only, for the setting of prices for all…