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RULE §336.1303Definitions

Terms used in this subchapter are defined in §336.2 of this title (relating to Definitions). Additional terms used in this subchapter have the following definitions.

  (1) Allowable expenses--Only those expenses which are reasonable and necessary to provide service to the public shall be included in allowable expenses. Allowable expenses to the extent they are reasonable and necessary, may include but are not limited to the following general categories:

    (A) operation and maintenance expense incurred in providing normal compact waste disposal facility services and in maintaining compact waste disposal facility used and useful to the licensee in providing such services. Payments to affiliated interests shall be allowed as described in §336.1317 of this title (relating to Consideration of Payment to Affiliate);

    (B) expense to meet future costs of decommissioning, closing, and post closure maintenance and surveillance of the compact waste disposal facility;

    (C) depreciation expense based on original cost and computed on a straight-line basis as approved by the commission. Other methods of depreciation may be used when it is determined that such depreciation methodology is a more equitable means of recovering the cost of the facility;

    (D) assessments and taxes other than income taxes;

    (E) federal income tax on a normalized basis;

    (F) expenses for advertising, contributions, and donations may be allowed as a cost of service provided that the total sum of all such items allowed in the cost of service shall not exceed three-tenths of one percent (0.3%) maximum of the gross receipts; and

    (G) accruals credited to reserve accounts for self-insurance under a plan requested by a licensee and approved by the commission. The commission shall consider approval of a self-insurance plan in a rate case in which expenses or rate base treatments are requested for such a plan. For the purposes of this section, a self-insurance plan is a plan providing for accruals to be credited to reserve accounts. The reserve accounts are to be charged with property and liability losses which occur, and which could not have been reasonably anticipated and included in operating and maintenance expenses, and are not paid or reimbursed by commercial insurance. The commission will approve a selfinsurance plan to the extent it finds it to be in the public interest.

  (2) Compact--The Texas Low-Level Radioactive Waste Disposal Compact established under Texas Health and Safety Code, §403.006 and Texas Low-Level Radioactive Waste Disposal Compact Consent Act, Public Law Number 105-236 (1998).

  (3) Compact waste--Low-level radioactive waste that:

    (A) is generated in a host state or a party state; or

    (B) is not generated in a host state or a party state, but has been approved for importation to this state by the compact commission under §3.05 of the Texas Low-Level Radioactive Waste Disposal Compact established under Texas Health and Safety Code, §403.006.

  (4) Compact waste disposal facility--The low-level radioactive waste land disposal facility licensed by the commission under Subchapter H of this chapter (relating to Licensing Requirements for Near-Surface Land Disposal of Low-Level Radioactive Waste) for the disposal of compact waste.

  (5) Extraordinary volume--Volumes of low-level radioactive waste delivered to a site caused by nonrecurring events, outside normal operations of a generator, that are in excess of 20,000 cubic feet or 20% of the preceding year's total volume at such site, whichever is less.

  (6) Extraordinary volume adjustment--A mechanism that allocates the potential rate reduction benefits of an extraordinary volume between all generators and the generator responsible for such extraordinary volume as described in §336.1313 of this title (relating to Extraordinary Volume Adjustment).

  (7) Generator--A person, partnership, association, corporation, or any other entity whatsoever that, as a part of its activities, produces low-level radioactive waste and is subject to the Compact.

  (8) Gross receipts--Includes, with respect to an entity or affiliated members, owners, shareholders, or limited or general partners, all receipts from the entity's disposal operations in Texas licensed under this chapter including any bonus, commission, or similar payment received by the entity from a customer, contractor, subcontractor, or other person doing business with the entity or affiliated members, owners, shareholders, or limited or general partners. This term does not include receipts from the entity's operations in Texas, or affiliated members, owners, shareholders, or limited or general partners, for capital reimbursements, bona fide storage, treatment, and processing, and federal or state taxes or fees on waste received uniquely required to meet the specifications of a license or contract.

  (9) Inflation adjustment--A mechanism that adjusts the maximum disposal rate by a percentage equal to the change in price levels in the preceding period. The adjustment shall be made using an inflation factor derived from the most recent annual Implicit Price Deflator for Gross National Product published by the United States Department of Commerce in its Survey of Current Business.

  (10) Invested capital--The original cost, less accumulated depreciation, of property used by and useful to the licensee in providing service. The original cost of property shall be determined at the time the property is dedicated to public use, whether by the licensee that is the present owner or by a predecessor. In this subchapter, "original cost" means the actual money cost, or the actual money value of any consideration paid other than money.

  (11) Licensee--The holder of the license authorizing the compact waste disposal facility license issued by the commission under this chapter.

  (12) Maximum disposal rate--The rate described in §336.1311 of this title (relating to Revisions to Maximum Disposal Rates).

  (13) Reasonable rate of return--The return on invested capital based on calculations of revenue and operating costs on an after-tax basis which may include the following applicable factors:

    (A) the efforts and achievements of the licensee in conserving resources;

    (B) the quality of the licensee's services;

    (C) the efficiency of the licensee's operations; and

    (D) the quality of the licensee's management.

  (14) Relative hazard--The properties of a waste stream for disposal that may present a particular hazard or danger for safe management based on the radioactivity in curies and dose rate as well as special handling requirements due to size, shape, or configuration.

  (15) Revenue requirement--Based on a formula which is the invested capital multiplied by the rate of return on invested capital, plus the allowable expenses, where all amounts are only those used and useful for the compact facility.

  (16) Volume adjustment--A mechanism that adjusts the maximum disposal rate in response to material changes in volumes of waste deposited at the site during the preceding period so as to provide a level of total revenues sufficient to recover the costs to operate and maintain the site.

Source Note: The provisions of this §336.1303 adopted to be effective March 12, 2009, 34 TexReg 1688

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