CONCURRING STATEMENT OF COMMISSIONER ANNE P. JONES

In essence, I agree with this item. I believe that the $3 minimum refund rule is a necessary and reasonable method of administrative management and have no problem with the methodology used by the staff in determining amounts to be refunded.

I disagree only with the proposed waiver requirement. I think that it is improper, if not illegal, for the Commission to place such a condition precedent upon receipt of these funds when it is legally obligated to pay this reimbursement. Therefore, I concur with the issuance of this NOI, but wish to express my disapproval of language therein that advocates the use of a waiver device.