§ 39-1-32 - Emergency powers of commission.
SECTION 39-1-32
§ 39-1-32 Emergency powers of commission.– (a) Any general or public law notwithstanding, the commission, when itdetermines that public safety so requires, or that failure to act immediatelywill result in irreparable injury to the public interest, or that an emergencyexists in the financial affairs of a public utility which, if not metimmediately, will interfere with the accommodations, convenience, and welfareof the people, may issue an order effective immediately, but for temporaryduration, until formal notice be given and a hearing had of the parties ininterest.
(b) The superior court, upon the filing of a complaint swornto by two (2) or more commissioners setting forth that a public utility hasceased, or that there is imminent danger of a public utility ceasing to provideservice to its customers, and that in their opinion public safety requires thatimmediate action be taken to avoid irreparable injury to the public welfare orsafety, shall forthwith issue a citation to the company to be served in suchmanner as the court shall direct, commanding the company to appear before thecourt on a day and in a place to be mentioned in the citation, then and thereto show cause, if any it has, why a receiver of the company with all the powersand rights of a receiver in equity should not be appointed. Within a time to befixed by the court, the receiver so appointed shall propose a plan forreorganization of the company, which plan shall be fair and equitable to allcreditors and stockholders of the company, and protect the welfare and safetyof the public. Upon the filing of the plan the court shall order a hearing onthe plan at such time and subject to such notice as may be provided in theorder. At the hearing the court shall enter such decree as may be appropriate.