56-8.2 - Appeals in rate cases.
§ 56-8.2. Appeals in rate cases.
Any public service corporation which is required by law to file a schedule ofrates with the Commission, or the Commonwealth, or any other party ininterest or party aggrieved may appeal to the Supreme Court from any finaldecision or order of the Commission concerning such rates. Upon the grantingof such appeal, the Supreme Court may award or refuse a writ of supersedeas,and, if a writ of supersedeas be awarded, it may suspend the operation of theaction appealed from in whole or in part. Alternatively, the Supreme Court inits discretion may authorize putting into effect of the schedule of rates sofiled and suspended by the Commission or the schedule of rates existing atthe time of the filing of the schedule upon which the investigation andhearing have been had, or require the inauguration of the schedule of ratesas ordered by the Commission, until the final disposition of the appeal. But,prior to the final reversal by the Supreme Court of the order appealed to theSupreme Court, no action of the Commission prescribing or affecting rates orcharges shall be delayed, or suspended in its operation, by reason of anyappeal by the party whose rates or charges are affected, or by reason of anyproceeding resulting from such appeal until a suspending bond payable to theCommonwealth has been executed and filed with the Commission with suchconditions, in such penalty, and with such surety thereon as the Commission,subject to review by the Supreme Court, may deem sufficient. In any appealfrom action of the Commission prescribing or affecting the rates or chargesof a public service corporation, such bond, or if no bond is required, theorder of the Supreme Court, shall expressly provide for the prompt refundingto the parties entitled thereto of all charges which may have been collectedor received, pending the appeal, in excess of those fixed, or authorized bythe final decision on appeal, with interest from the date of the collectionthereon. But no bond shall be required of the Commonwealth. Any bond requiredunder this section shall be enforced in the name of the Commonwealth beforethe Commission or before any court having jurisdiction, and the process andproceedings thereon shall be as provided by law upon bonds of like characterrequired to be taken by courts of record of this Commonwealth.
(1971, Ex. Sess., c. 227.)