§ 56-238. Suspension of proposed rates, etc.; investigation; effectiveness ofrates pending investigation and subject to bond; fixing reasonable rates, etc.
The Commission, either upon complaint or on its own motion, may suspend theenforcement of any or all of the proposed rates, tolls, charges, rules orregulations of any public utility except an investor-owned electric publicutility for a period not exceeding 150 days from the date of filing, and theCommission shall suspend the enforcement of all of the proposed rates, tolls,charges, rules or regulations of an investor-owned electric public utilityuntil the Commission's final order in the proceeding, during which times theCommission shall investigate the reasonableness or justice of the proposedrates, tolls, charges, rules and regulations and thereupon fix and ordersubstituted therefor such rates, tolls, charges, rules and regulations asshall be just and reasonable. The Commission's final order in such aproceeding involving an investor-owned electric public utility that is filedafter January 1, 2010, shall be entered not more than nine months after thedate of filing, at which time the suspension period shall expire, and anyrevisions in rates or credits so ordered shall take effect not more than 60days after the date of the order. Notice of the suspension of any proposedrate, toll, charge, rule or regulation shall be given by the Commission tothe public utility, prior to the expiration of the 30 days' notice to theCommission and the public heretofore provided for. If the proceeding has notbeen concluded and an order made at the expiration of the suspension period,after notice to the Commission by the public utility making the filing, theproposed rates, tolls, charges, rules or regulations shall go into effect.Where increased rates, tolls or charges are thus made effective, theCommission shall, by order, require the public utility to furnish a bond, tobe approved by the Commission, to refund any amounts ordered by theCommission, to keep accurate accounts in detail of all amounts received byreason of such increase, and upon completion of the hearing and decision, toorder such public utility to refund, with interest at a rate set by theCommission, the portion of such increased rates, tolls or charges by itsdecision found not justified. The Commission shall prescribe all necessaryrules and regulations to effectuate the purposes of this section on or beforeSeptember 1, 1980. This section shall not apply to proceedings conductedpursuant to § 56-245 or 56-249.6.
(Code 1919, § 4066; 1918, p. 674; 1924, p. 539; 1927, p. 123; 1980, c. 446;2010, cc. 1, 2.)
§ 56-238. Suspension of proposed rates, etc.; investigation; effectiveness ofrates pending investigation and subject to bond; fixing reasonable rates, etc.
The Commission, either upon complaint or on its own motion, may suspend theenforcement of any or all of the proposed rates, tolls, charges, rules orregulations of any public utility except an investor-owned electric publicutility for a period not exceeding 150 days from the date of filing, and theCommission shall suspend the enforcement of all of the proposed rates, tolls,charges, rules or regulations of an investor-owned electric public utilityuntil the Commission's final order in the proceeding, during which times theCommission shall investigate the reasonableness or justice of the proposedrates, tolls, charges, rules and regulations and thereupon fix and ordersubstituted therefor such rates, tolls, charges, rules and regulations asshall be just and reasonable. The Commission's final order in such aproceeding involving an investor-owned electric public utility that is filedafter January 1, 2010, shall be entered not more than nine months after thedate of filing, at which time the suspension period shall expire, and anyrevisions in rates or credits so ordered shall take effect not more than 60days after the date of the order. Notice of the suspension of any proposedrate, toll, charge, rule or regulation shall be given by the Commission tothe public utility, prior to the expiration of the 30 days' notice to theCommission and the public heretofore provided for. If the proceeding has notbeen concluded and an order made at the expiration of the suspension period,after notice to the Commission by the public utility making the filing, theproposed rates, tolls, charges, rules or regulations shall go into effect.Where increased rates, tolls or charges are thus made effective, theCommission shall, by order, require the public utility to furnish a bond, tobe approved by the Commission, to refund any amounts ordered by theCommission, to keep accurate accounts in detail of all amounts received byreason of such increase, and upon completion of the hearing and decision, toorder such public utility to refund, with interest at a rate set by theCommission, the portion of such increased rates, tolls or charges by itsdecision found not justified. The Commission shall prescribe all necessaryrules and regulations to effectuate the purposes of this section on or beforeSeptember 1, 1980. This section shall not apply to proceedings conductedpursuant to § 56-245 or 56-249.6.
(Code 1919, § 4066; 1918, p. 674; 1924, p. 539; 1927, p. 123; 1980, c. 446;2010, cc. 1, 2.)
§ 56-238. Suspension of proposed rates, etc.; investigation; effectiveness ofrates pending investigation and subject to bond; fixing reasonable rates, etc.
The Commission, either upon complaint or on its own motion, may suspend theenforcement of any or all of the proposed rates, tolls, charges, rules orregulations of any public utility except an investor-owned electric publicutility for a period not exceeding 150 days from the date of filing, and theCommission shall suspend the enforcement of all of the proposed rates, tolls,charges, rules or regulations of an investor-owned electric public utilityuntil the Commission's final order in the proceeding, during which times theCommission shall investigate the reasonableness or justice of the proposedrates, tolls, charges, rules and regulations and thereupon fix and ordersubstituted therefor such rates, tolls, charges, rules and regulations asshall be just and reasonable. The Commission's final order in such aproceeding involving an investor-owned electric public utility that is filedafter January 1, 2010, shall be entered not more than nine months after thedate of filing, at which time the suspension period shall expire, and anyrevisions in rates or credits so ordered shall take effect not more than 60days after the date of the order. Notice of the suspension of any proposedrate, toll, charge, rule or regulation shall be given by the Commission tothe public utility, prior to the expiration of the 30 days' notice to theCommission and the public heretofore provided for. If the proceeding has notbeen concluded and an order made at the expiration of the suspension period,after notice to the Commission by the public utility making the filing, theproposed rates, tolls, charges, rules or regulations shall go into effect.Where increased rates, tolls or charges are thus made effective, theCommission shall, by order, require the public utility to furnish a bond, tobe approved by the Commission, to refund any amounts ordered by theCommission, to keep accurate accounts in detail of all amounts received byreason of such increase, and upon completion of the hearing and decision, toorder such public utility to refund, with interest at a rate set by theCommission, the portion of such increased rates, tolls or charges by itsdecision found not justified. The Commission shall prescribe all necessaryrules and regulations to effectuate the purposes of this section on or beforeSeptember 1, 1980. This section shall not apply to proceedings conductedpursuant to § 56-245 or 56-249.6.
(Code 1919, § 4066; 1918, p. 674; 1924, p. 539; 1927, p. 123; 1980, c. 446;2010, cc. 1, 2.)
