56-245 - Temporary increase in rates.
§ 56-245. Temporary increase in rates.
Whenever the Commission, upon petition of any public utility, is of theopinion and so finds, after an examination of the reports, annual orotherwise, filed with the Commission by such public utility, together withany other facts or information which the Commission may acquire or receivefrom an investigation of the books, records or papers, or from an inspectionof the property of such public utility, or upon evidence introduced by suchpublic utility, that an emergency exists, and that the public utility hasmade a preliminary showing of all the elements of § 56-235.2 sufficient todemonstrate a reasonable probability that the increase will be justified uponfull investigation and hearing and is of the opinion and so finds that ahearing to determine all of the issues involved in the final determination ofthe rates or service will require more than ninety days of elapsed time, theCommission may, in case of such emergency, enter a temporary order fixing atemporary schedule of rates, which order shall be forthwith binding upon suchutility and its customers; provided, however, that when the Commission ordersan increase in the rates or charges of any public utility by means of suchtemporary order, it shall require such utility to enter into bond in suchamount and with such security as the Commission shall approve, payable to theCommonwealth, and conditioned to insure prompt refund by such public utility,to those entitled thereto, of all amounts which such public utility shallcollect or receive in excess of such rates and charges as may be finallyfixed and determined by the Commission; and provided, further, however, thatno such temporary order shall remain in force or effect for a longer periodthan nine months from its effective date, and a further period not to exceedthree months in addition if so ordered by the Commission.
(1934, p. 366; Michie Code 1942, § 4071a; 1973, c. 262; 1977, c. 336.)