Chapter 079
2009 -- S 0472
Enacted 07/01/09
A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS - REGULATORY POWERS OF ADMINISTRATION
Introduced By: Senator Leo R. Blais
Date Introduced: February 25, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Section 39-3-11 of the General Laws in Chapter
39-3 entitled "Regulatory
Powers of
Administration" is hereby amended to read as follows:
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 been filed and published by any
public utility in compliance with the requirements of
section 39-3-10, except after thirty (30) days
notice to the commission and to the public published as
provided in section 39-3-10, which shall
plainly state the changes proposed to be made in the schedule
then in force, and the time when the
changed rates, tolls, or charges will go into effect.
Whenever the commission receives notice of
any change or changes proposed to be made in any schedule
filed under the provisions of section
39-3-10, the commission shall hold a public hearing
and make investigation as to the propriety of
the proposed change or changes. After notice of any
investigation, the commission shall have
power, by any order served upon the public utility
affected, to suspend the taking effect of the
change or changes pending the decision thereof, but not for
a longer period than six (6) eight (8)
months beyond the time when the change or changes would
otherwise take effect. Each hearing
and investigation shall be conducted as expeditiously as
may be practicable, and with a minimum
of delay. Within ninety (90) days after the completion
of any hearing, the commission shall make
such order in reference to any proposed rate, toll, or
charge as may be proper. Notwithstanding
the provisions of this section, the commission shall
periodically hold a public hearing and make
investigation as to the propriety of rates when charged by any
public utility and shall make such
order in reference to the rate, toll, or charge as may be
just. The hearing prescribed by this section
may be held simultaneously with the hearing prescribed by
section 39-3-7. In the event of an
appeal from an order of the commission in any hearing under
this section, the order shall remain
in full force and effect during the pendency
of said appeal.
(b) Upon receipt from a
common carrier of persons and/or property upon water of a
notice of any change proposed to be made in any schedule
filed pursuant to section 39-3-10, the
commission shall give notice as it may prescribe of the pendency of the proposal and of the time
and place of the hearing thereon to the mayor and also
any city manager of each city, and to the
president of the town council and also any town manager of each
town in which the carrier picks
up or discharges passengers. The commission shall also
publish a notice of the hearing at least ten
(10) days prior to the date
thereof in a newspaper of general circulation in each city or town in
which the carrier picks up or discharges passengers. In all
other respects, hearings and
investigations with respect to the proposals by the carriers shall
be governed by the provisions of
subsection (a) of this section.
(c) The
increase requests to the several fire districts which purchase
water from the authority.
(d) Costs incurred by
electric distribution companies for filing rates, tolls and charges,
for participating in hearings and investigations prior to
December 31, 2000 or for appealing
commission decisions rendered prior to December 31, 2000
pursuant to this section shall not be
included in the rates, tolls or charges established by the
commission pursuant to this section.
SECTION 2. This act shall take effect upon passage.
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LC01331
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