56-235.4 - Prohibition of multiple rate increases within any twelve-month period; exception.

§ 56-235.4. Prohibition of multiple rate increases within any twelve-monthperiod; exception.

A. The regulated operating revenues of a public utility shall not beincreased pursuant to Chapter 9.1 (§ 56-231.15 et seq.), 10 (§ 56-232 etseq.) or 19 (§ 56-531 et seq.) of this title more than once within anytwelve-month period. This limitation shall not apply to increases inregulated operating revenues resulting from (i) increases in rates pursuantto § 56-245 or § 56-249.6, (ii) any automatic rate adjustment clause approvedby the Commission, (iii) new rate schedules for service not offered underexisting rate schedules or for expansion, reduction, or termination ofexisting services, (iv) initiation, modification or termination ofexperimental rates under § 56-234, or (v) the making permanent of anexperimental program. Notwithstanding any other provisions of this section, atelephone company may apply to the Commission to pass on to its customers asa part of its rates any changes approved by the Commission in the carrieraccess charges.

B. The Commission may adopt such rules and regulations as may be necessary tocarry out the provisions of this section. The Commission may specify, byrule, the time during the calendar year when application may be filed byelectric utility and cooperatives, gas utilities, telephone utilities andcooperatives, and other utilities.

The Commission may by rule provide standards and procedures for expeditedhandling of rate increase applications, and such rules may provide that anexpedited rate increase may take effect in less than twelve months after thepreceding increase so long as regulated operating revenues are not increasedpursuant to the provisions of subsection A of this section more than once inany calendar year.

(1984, c. 725; 1989, c. 666; 1990, c. 787; 1995, c. 382; 1997, c. 707; 2000,c. 994.)