§271G-17  Tariffs of water carriers. 
(a)  Every water carrier shall file with the public utilities commission, and
print, and keep open to public inspection, tariffs showing all the rates,
fares, and charges for transportation, and all services in connection
therewith, of passengers or property.  The rates, fares, and charges shall be
stated in terms of lawful money of the United States.  The tariffs required by
this section shall be published, filed, and posted in such form and manner, and
shall contain such information as the commission by regulations shall
prescribe; and the commission may reject any tariff filed with it which is not
in consonance with this section and with the regulations.  Any tariff so
rejected by the commission shall be void and its use shall be unlawful.



(b)  No change shall be made in any rate, fare,
charge, or classification, or any rule, regulation, or practice affecting the
rate, fare, charge, or classification, or the value of the service thereunder,
specified in any effective tariff of a water carrier, except after forty-five
days' notice of the proposed change filed and posted in accordance with
subsection (a); provided that changes to a fuel surcharge approved by the
commission may be made after thirty days' notice of the proposed change filed
and posted in accordance with subsection (a).  The notice shall plainly state
the change proposed to be made and the time when it will take effect.  The
commission may in its discretion and for good cause shown allow the change upon
notice less than that herein specified or modify the requirements of this
section with respect to posting and filing of tariffs either in particular
instances or by general order applicable to special or peculiar circumstances
or conditions.



(c)  No water carrier shall engage in the
transportation of passengers or property unless the rates, fares, and charges
upon which the same are transported by the carrier have been filed and
published in accordance with this chapter.



(d)  Whenever there is filed with the
commission any schedule stating a new rate, fare, or charge, for the
transportation of passengers or property by a water carrier or any rule,
regulation, or practice affecting such rate, fare, or charge, or the value of
the service thereunder, the carrier may on its own initiative, or shall by
order of the commission served prior to the effective date of the schedule,
concurrently file a pro forma statement of account which shall be prepared
under the same form and in the same manner as prescribed by the commission's
uniform system of accounts.



The commission may upon complaint of any
interested person or upon its own initiative at once and, if it so orders,
without answer or other formal pleading by the interested carrier or carriers,
but upon reasonable notice, enter upon a hearing concerning the lawfulness of
the rate, fare, or charge, or the rule, regulation, or practice, and pending
the hearing and the decision thereon the commission, by delivering to the
carrier or carriers affected thereby a statement in writing of its reasons
therefor, may suspend the operation of the schedule and defer the use of the
rate, fare, or charge, or the rule, regulation, or practice.  From the date of
ordering a hearing to investigate the lawfulness of the rate, fare, or charge,
the commission shall have up to six months to complete its investigation.  If
the commission fails to issue a final order within the six-month period then
the changes proposed by the carrier shall go into effect.  At any hearing
involving a change in a rate, fare, charge, or classification, or in a rule,
regulation, or practice, the burden of proof shall be upon the carrier to show
that the proposed changed rate, fare, charge, classification, rule, regulation,
or practice, is just and reasonable.



(e)  When a rate increase application is filed,
the commission may in its discretion and after public notice, and upon showing
by a water carrier of probable entitlement and financial need, authorize
temporary increases in rates, fares, and charges; provided that the commission
shall by order require the carrier to keep accurate account in detail of all
amounts received by reason of such increase, specifying by whom and in whose
behalf such amounts are paid, and upon completion of the hearing and decision by
further order require the interested carrier to refund, with interest, to the
persons in whose behalf such amounts were paid, such portion of such increased
rates or charges by its decision shall be found not justified.  The interest to
be paid shall be the rate of return authorized in the last general rate case
proceedings. [L 1974, c 94, pt of §1; am L 1980, c 202, §1]