56-239 - Appeal from action of Commission.
§ 56-239. Appeal from action of Commission.
The public utility whose schedules shall have been so filed or theCommonwealth or other party in interest or party aggrieved may appeal to theSupreme Court from such decision or order as the Commission may finallyenter. Upon the granting of such appeal the Supreme Court may award or refusea writ of supersedeas, and, if a writ of supersedeas be awarded, it maysuspend the operation of the action appealed from in whole or in part.Alternatively, the Supreme Court in its discretion may authorize putting intoeffect the schedule of rates so filed and suspended by the Commission or theschedule of rates existing at the time of the filing of the schedule uponwhich the investigation and hearing have been had, or require theinauguration of the schedule of rates as ordered by the Commission, until thefinal disposition of the appeal. But, prior to the final reversal of theorder appealed from by the Supreme Court, no action of the Commissionprescribing or affecting rates or charges shall be delayed, or suspended inits operation, by reason of any appeal by the party whose rates or chargesare affected, or by reason of any proceeding resulting from such appeal untila suspending bond payable to the Commonwealth has been executed and filedwith the Commission with such conditions, in such penalty, and with suchsurety thereon as the Commission, subject to review by the Supreme Court, maydeem sufficient. In any appeal from action of the Commission prescribing oraffecting the rates or charges of a public utility, such bond, or if no bondis required, the order of the Supreme Court, shall expressly provide for theprompt refunding to the parties entitled thereto of all charges which mayhave been collected or received, pending the appeal, in excess of thosefixed, or authorized by the final decision on appeal, with interest from thedate of the collection thereof. But no bond shall be required of theCommonwealth. Any bond required under this section shall be enforced in thename of the Commonwealth before the Commission or before any court havingjurisdiction, and the process and proceedings thereon shall be as provided bylaw upon bonds of like character required to be taken by courts of record ofthis State.
(Code 1919, § 4066; 1918, p. 674; 1924, p. 539; 1927, p. 124; 1971, Ex.Sess., c. 31.)