7408 - Option to elect commission review.

     § 7408.  Option to elect commission review.        (a)  General rule.--The transition surcharge assessed by an     electric cooperative corporation under this chapter generally     shall not be subject to the jurisdiction or control of the     commission. An electric cooperative corporation shall have the     option of submitting its proposed transition surcharge for     review by the commission in the manner set forth in subsection     (b).        (b)  Submission to commission.--Either by an affirmative vote     of two-thirds of all members of the corporation or by an     affirmative vote of two-thirds of all directors at a meeting of     the members or directors called for the purpose, an electric     cooperative corporation may elect the option of submitting a     transition surcharge which has been adopted by its board of     directors to the commission for review and approval. Within 30     days of such action by an electric cooperative corporation, the     secretary of the corporation shall certify such an action by the     members or directors, as the case may be, and submit the     transition surcharge to the secretary of the commission     requesting review and approval.        (c)  Commission determination.--The commission, within 90     days after a submission under subsection (b), shall make a     determination as to whether the transition surcharge of an     electric cooperative corporation is just and reasonable and     shall issue an order reflecting its determination. If no order     is issued within 90 days, the transition surcharge shall be     deemed to be approved as being just and reasonable, and all     review proceedings shall be terminated. If no order is issued by     the commission within the 90 days, no appeal may be taken     relative to the effectiveness of the transition surcharge, and     it shall have full force and effect.        (d)  Alternative.--An electric cooperative corporation may     take action by a majority vote of its board of directors to     alter the amount of its transition surcharge. If the transition     surcharge has previously been submitted to the commission for     review and approval under subsection (b) and if the change by     the board of directors causes a reduction of the current     transition surcharge of greater than 10%, that action by the     board of directors shall have the effect of immediately     terminating any pending approval proceeding by the commission     and ending its jurisdiction and control over the subject     transition surcharge.