State Codes and Statutes

Statutes > New-york > Pbs > Article-6 > 113

§ 113. Reparations  and refunds. 1. Whenever a public utility company,  on its own initiative, shall file with the commission a schedule stating  an increased rate or charge, and  the  commission  shall  enter  upon  a  hearing  concerning  the propriety of such increased rate or charge, the  commission shall  by  order  require  the  interested  company  to  keep  accurate  account  during the pendency of the hearing, in detail, of all  amounts received by reason of such increase, or by reason of an increase  received as a result of the establishment  of  temporary  rates  by  the  commission specifying by whom and in whose behalf such amounts are paid,  and  upon completion of the hearing and decision shall, by order require  the interested  company  to  refund  or  issue  a  credit  in  a  manner  prescribed by the commission, with interest, on or before a day fixed in  the  order,  to  the customers in whose behalf such amounts were paid to  the extent practicable and otherwise to the class of customers in  whose  behalf  such  amounts were paid, such portion of such increased rates or  charges as by its decision  shall  be  found  not  justified,  provided,  however, that the commission may waive such refund requirement where the  cost  of  making  such refund exceeds the total amount of such refund or  upon a finding that requiring such refunds would  impair  the  financial  integrity of the company. In the case of temporary rates, the commission  may  by  order  authorize  appropriate reparation to the company if such  temporary rates were found  inadequate.  If  the  corporation  does  not  comply  with  such  order within the time limited therein, any person or  persons for whose benefit such order was made may, within one year  from  the  date  of  the  order  but  not  after,  bring  action in a court of  competent jurisdiction to recover the money to  which  he  or  they  are  entitled under said order. In any such action a copy of the order of the  commission duly certified shall be prima facie evidence of the facts set  forth  in  the  order.  The  commission  after  reasonable notice to the  company interested may, by  order,  direct  the  company  to  issue  and  deliver  to  shippers  or  consumers,  tickets,  printed slips or tokens  specifying the excess received by the company over rates existing  prior  to the filing of the schedule.    2.  Whenever  any  public utility company or municipality, whose rates  are subject to the jurisdiction of the  commission,  shall  receive  any  refund  of  amounts  charged  and  collected  from it by any source, the  commission shall have power after a hearing, upon its own  motion,  upon  complaint  or  upon  the  application  of such public utility company or  municipality, to determine whether or not such refund should  be  passed  on, in whole or in part, to the consumers of such public utility company  or municipality and to order such public utility company or municipality  to  pass  such  refunds  on  to  its consumers, in the manner and to the  extent determined just and reasonable by the commission.

State Codes and Statutes

Statutes > New-york > Pbs > Article-6 > 113

§ 113. Reparations  and refunds. 1. Whenever a public utility company,  on its own initiative, shall file with the commission a schedule stating  an increased rate or charge, and  the  commission  shall  enter  upon  a  hearing  concerning  the propriety of such increased rate or charge, the  commission shall  by  order  require  the  interested  company  to  keep  accurate  account  during the pendency of the hearing, in detail, of all  amounts received by reason of such increase, or by reason of an increase  received as a result of the establishment  of  temporary  rates  by  the  commission specifying by whom and in whose behalf such amounts are paid,  and  upon completion of the hearing and decision shall, by order require  the interested  company  to  refund  or  issue  a  credit  in  a  manner  prescribed by the commission, with interest, on or before a day fixed in  the  order,  to  the customers in whose behalf such amounts were paid to  the extent practicable and otherwise to the class of customers in  whose  behalf  such  amounts were paid, such portion of such increased rates or  charges as by its decision  shall  be  found  not  justified,  provided,  however, that the commission may waive such refund requirement where the  cost  of  making  such refund exceeds the total amount of such refund or  upon a finding that requiring such refunds would  impair  the  financial  integrity of the company. In the case of temporary rates, the commission  may  by  order  authorize  appropriate reparation to the company if such  temporary rates were found  inadequate.  If  the  corporation  does  not  comply  with  such  order within the time limited therein, any person or  persons for whose benefit such order was made may, within one year  from  the  date  of  the  order  but  not  after,  bring  action in a court of  competent jurisdiction to recover the money to  which  he  or  they  are  entitled under said order. In any such action a copy of the order of the  commission duly certified shall be prima facie evidence of the facts set  forth  in  the  order.  The  commission  after  reasonable notice to the  company interested may, by  order,  direct  the  company  to  issue  and  deliver  to  shippers  or  consumers,  tickets,  printed slips or tokens  specifying the excess received by the company over rates existing  prior  to the filing of the schedule.    2.  Whenever  any  public utility company or municipality, whose rates  are subject to the jurisdiction of the  commission,  shall  receive  any  refund  of  amounts  charged  and  collected  from it by any source, the  commission shall have power after a hearing, upon its own  motion,  upon  complaint  or  upon  the  application  of such public utility company or  municipality, to determine whether or not such refund should  be  passed  on, in whole or in part, to the consumers of such public utility company  or municipality and to order such public utility company or municipality  to  pass  such  refunds  on  to  its consumers, in the manner and to the  extent determined just and reasonable by the commission.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbs > Article-6 > 113

§ 113. Reparations  and refunds. 1. Whenever a public utility company,  on its own initiative, shall file with the commission a schedule stating  an increased rate or charge, and  the  commission  shall  enter  upon  a  hearing  concerning  the propriety of such increased rate or charge, the  commission shall  by  order  require  the  interested  company  to  keep  accurate  account  during the pendency of the hearing, in detail, of all  amounts received by reason of such increase, or by reason of an increase  received as a result of the establishment  of  temporary  rates  by  the  commission specifying by whom and in whose behalf such amounts are paid,  and  upon completion of the hearing and decision shall, by order require  the interested  company  to  refund  or  issue  a  credit  in  a  manner  prescribed by the commission, with interest, on or before a day fixed in  the  order,  to  the customers in whose behalf such amounts were paid to  the extent practicable and otherwise to the class of customers in  whose  behalf  such  amounts were paid, such portion of such increased rates or  charges as by its decision  shall  be  found  not  justified,  provided,  however, that the commission may waive such refund requirement where the  cost  of  making  such refund exceeds the total amount of such refund or  upon a finding that requiring such refunds would  impair  the  financial  integrity of the company. In the case of temporary rates, the commission  may  by  order  authorize  appropriate reparation to the company if such  temporary rates were found  inadequate.  If  the  corporation  does  not  comply  with  such  order within the time limited therein, any person or  persons for whose benefit such order was made may, within one year  from  the  date  of  the  order  but  not  after,  bring  action in a court of  competent jurisdiction to recover the money to  which  he  or  they  are  entitled under said order. In any such action a copy of the order of the  commission duly certified shall be prima facie evidence of the facts set  forth  in  the  order.  The  commission  after  reasonable notice to the  company interested may, by  order,  direct  the  company  to  issue  and  deliver  to  shippers  or  consumers,  tickets,  printed slips or tokens  specifying the excess received by the company over rates existing  prior  to the filing of the schedule.    2.  Whenever  any  public utility company or municipality, whose rates  are subject to the jurisdiction of the  commission,  shall  receive  any  refund  of  amounts  charged  and  collected  from it by any source, the  commission shall have power after a hearing, upon its own  motion,  upon  complaint  or  upon  the  application  of such public utility company or  municipality, to determine whether or not such refund should  be  passed  on, in whole or in part, to the consumers of such public utility company  or municipality and to order such public utility company or municipality  to  pass  such  refunds  on  to  its consumers, in the manner and to the  extent determined just and reasonable by the commission.