Section 378:6 Suspension of Schedule.
I. (a) Pending any investigation of a rate schedule which represents a general increase in rates and the decision thereon, the commission may, by an order served upon the public utility affected, suspend the taking effect of said schedule and forbid the demanding or collecting of the rates, fares, charges or prices covered by the schedule for such period or periods, not to exceed 12 months in all, as in the judgment of the commission may be necessary for such investigation, except as provided in paragraph II.
(b) Except as provided in RSA 378:6, IV, for all other schedules filed with the commission, the commission may, by an order served upon the public utility affected, suspend the taking effect of said schedule and forbid the demanding or collecting of rates, fares, charges or prices covered by the schedule for such period or periods, not to exceed 3 months from the date of the order of suspension, but if the investigation cannot be concluded within a period of 3 months, the commission in its discretion and with reasonable explanation may extend the time of suspension for 5 additional months.
II. If a public utility submits a rate schedule which incorporates a newly completed generating facility into the rate base and the capital investment for the new facility exceeds 50 percent of the total capital investment of the public utility, the commission may suspend the schedule as provided in paragraph I, except that such suspension shall not exceed 18 months. The total capital investment of the public utility shall include the capital investment of the new facility. The commission may suspend a schedule under this paragraph only once in relation to each new facility.
III. If for any reason the commission is unable to make its determination prior to the expiration of 6 months from the originally proposed effective date of a rate schedule, the public utility affected may place the filed schedule of rates in effect, pending expiration of the appropriate suspension period, as provided in paragraph I or II, upon furnishing the commission with a bond in such form and with such sureties, if any, as the commission may determine. The bond and sureties, if any, shall secure the repayment to the customers of the public utility of the difference, if any, between the amounts collected under said schedule of rates and the schedule of rates determined by the commission to be just and reasonable.
IV. Any tariff for services filed for commission approval by a telephone utility, except a tariff reviewed pursuant to RSA 378:6, I(a), shall become effective as filed 30 days after filing, unless the commission amends or rejects the filing within the 30-day period. The commission may, in its discretion and with reasonable explanation, including an explanation of the likely areas of disagreement with the tariff, extend the time for its determination by up to 30 days. At its discretion, the commission may permit changes to existing tariffs to become effective in fewer than 30 days from the date of filing.
Source. 1911, 164:7. PL 242:6. RL 292:6. 1951, 203:46, par. 6. RSA 378:6. 1983, 99:1. 1993, 326:1, 2. 1997, 201:2, 3, eff. June 18, 1997.