§ 39-3-11 - Notice of change in rates – Suspension of change – Hearings.
SECTION 39-3-11
§ 39-3-11 Notice of change in rates –Suspension of change – Hearings. – (a) No change shall be made in the rates, tolls, and charges which have beenfiled and published by any public utility in compliance with the requirementsof § 39-3-10, except after thirty (30) days notice to the commission andto the public published as provided in § 39-3-10, which shall plainlystate the changes proposed to be made in the schedule then in force, and thetime when the changed rates, tolls, or charges will go into effect. Wheneverthe commission receives notice of any change or changes proposed to be made inany schedule filed under the provisions of § 39-3-10, the commission shallhold a public hearing and make investigation as to the propriety of theproposed change or changes. After notice of any investigation, the commissionshall have power, by any order served upon the public utility affected, tosuspend the taking effect of the change or changes pending the decisionthereof, but not for a longer period than eight (8) months beyond the time whenthe change or changes would otherwise take effect. Each hearing andinvestigation shall be conducted as expeditiously as may be practicable, andwith a minimum of delay. Within ninety (90) days after the completion of anyhearing, the commission shall make such order in reference to any proposedrate, toll, or charge as may be proper. Notwithstanding the provisions of thissection, the commission shall periodically hold a public hearing and makeinvestigation as to the propriety of rates when charged by any public utilityand shall make such order in reference to the rate, toll, or charge as may bejust. The hearing prescribed by this section may be held simultaneously withthe hearing prescribed by § 39-3-7. In the event of an appeal from anorder of the commission in any hearing under this section, the order shallremain in full force and effect during the pendency of said appeal.
(b) Upon receipt from a common carrier of persons and/orproperty upon water of a notice of any change proposed to be made in anyschedule filed pursuant to § 39-3-10, the commission shall give notice asit may prescribe of the pendency of the proposal and of the time and place ofthe hearing thereon to the mayor and also any city manager of each city, and tothe president of the town council and also any town manager of each town inwhich the carrier picks up or discharges passengers. The commission shall alsopublish a notice of the hearing at least ten (10) days prior to the datethereof in a newspaper of general circulation in each city or town in which thecarrier picks up or discharges passengers. In all other respects, hearings andinvestigations with respect to the proposals by the carriers shall be governedby the provisions of subsection (a) of this section.
(c) The Kent County water authority shall provide notice bycertified mail of rate increase requests to the several fire districts whichpurchase water from the authority.
(d) Costs incurred by electric distribution companies forfiling rates, tolls and charges, for participating in hearings andinvestigations prior to December 31, 2000 or for appealing commission decisionsrendered prior to December 31, 2000 pursuant to this section shall not beincluded in the rates, tolls or charges established by the commission pursuantto this section.