[§269-134]  Cable surcharge.  (a)  The commission shall establish a cable surcharge to allow recovery of the high‑voltage electric transmission cable system costs designated for recovery according to the ratemaking principles pursuant to section 269‑132.

     (b)  Pursuant to the transmission tariff, the commission shall, by order, designate the electric utility company or companies to which the capacity of the high-voltage electric transmission cable system shall be made available as the agent of the certified cable company to collect the cable surcharge approved by the commission.  The electric utility company or companies collecting the cable surcharge for the benefit of the certified cable company shall have no right, title, or interest in the moneys so collected.  The commission shall approve a fee, to be collected by the electric utility company or companies concurrently with the cable surcharge, for acting as the collection agent for the certified cable company.

     (c)  Notwithstanding any requirements to the contrary, a high-voltage electric transmission cable system may be deemed "used or useful for public utility purposes" upon commencing commercial operations, subject to the commission's determination and approval. [L 2012, c 165, pt of §2]