Section 89-C. General powers of commission in respect to water supply

The
  commission:  1.  Shall  have  general  supervision  of  all  water-works
  corporations,  as  hereinbefore  defined,  having  authority  under  any
  general or special law or under any charter or franchise  to  lay  down,
  construct or maintain pipes, conduits, ducts or other fixtures in, on or
  under  the  streets, highways and public places of any municipality, for
  the purpose of furnishing or distributing water for domestic, commercial
  or public uses, and all water systems owned, leased or operated  by  any
  such  water-works  corporation;  provided,  however, that nothing herein
  contained shall be construed to delegate the general powers of the state
  department of health or of the water power and control commission or any
  of the powers and functions of either as  provided  by  law,  nor  shall
  anything  herein  contained  be  construed to impair nor to deprive such
  department or commission of its powers and functions as now provided  by
  law.
    2.  Shall  have power of its own motion to examine and investigate the
  methods employed by water-works corporations in delivering and supplying
  water and furnishing  equipment,  and  shall  have  access  through  its
  members  or through an officer or employee specially authorized by it to
  make such examinations and investigations to all parts  of  the  systems
  owned,  used  or  operated  for  the  distribution  of water by any such
  corporation.
    3. Shall have power, in its discretion, to prescribe  uniform  methods
  of  keeping  accounts,  records  and books to be observed by water-works
  corporations. It may also, in its discretion, prescribe by  order  forms
  of  accounts,  records  and  memoranda  to be kept by such corporations.
  Notice of alterations by the commission in the required method  or  form
  of  keeping  a system of accounts shall be given to such corporations by
  the commission at least six months before the same  shall  take  effect.
  Any  other  and additional forms of accounts, records and memoranda kept
  by such corporations shall be subject to examination by the commission.
    4. Shall have power to examine all water-works corporations  and  keep
  informed as to the methods, practices, regulations and property employed
  by  them  in  the transaction of their business. Whenever the commission
  shall be of the opinion, after a hearing had upon its own motion or upon
  complaint, that the rates, charges or classifications  or  the  acts  or
  regulations  of  any such corporation are unjust, unreasonable, unjustly
  discriminatory, or unduly preferential, or in any wise in  violation  of
  any  provision  of  law, the commission shall determine and prescribe in
  the manner  provided  by  and  subject  to  the  provisions  of  section
  eighty-nine-j  of  this  chapter, the just and reasonable rates, charges
  and classifications thereafter to be enforced  for  the  service  to  be
  rendered, notwithstanding that a different rate or charge has heretofore
  been   prescribed  by  general  or  special  statute,  contract,  grant,
  franchise, condition, consent or  other  agreement,  and  the  just  and
  reasonable  acts  and  regulations to be done and observed; and whenever
  the commission shall be of opinion, after a hearing  had  upon  its  own
  motion  or upon complaint, that the property, equipment or appliances of
  any  such  corporation  are  unsafe,  inefficient  or  inadequate,   the
  commission  shall  determine  and  prescribe  the  safe,  efficient  and
  adequate property, equipment  and  appliances  thereafter  to  be  used,
  maintained and operated for the security and accommodation of the public
  and in compliance with the provisions of law and of their franchises and
  charters;  provided, however, that in its determination and prescription
  of safe, efficient and adequate property, equipment  and  appliances  as
  herein  provided any such property, equipment and appliances theretofore
  approved by the water power and control commission, or its  predecessor,
  shall be deemed to have been adequate, safe and efficient at the time of

  such approval. Nothing herein contained shall be deemed to dispense with
  any  approval of work by the water power and control commission required
  by the conservation law; and if such an approval pertains to  work  done
  pursuant  to  such  determination  or prescription of the public service
  commission, such approval shall be conclusive that the work was done  in
  compliance with such determination or prescription.
    5.  Shall  have power to require every water-works corporation, and it
  shall be the duty of every water-works corporation, as defined  by  this
  chapter,  to  file with the commission an annual report, verified by the
  oath of the president, vice-president, treasurer, secretary, manager, or
  receiver, if any, or by the  person  required  to  file  the  same.  The
  verification  shall  be made by said official holding office at the time
  of filing said report, and if not made upon the knowledge of the  person
  verifying  the  same, shall set forth the sources of his information and
  the grounds of his belief as to any matters not stated  to  be  verified
  upon  his  knowledge.  The report shall show in detail (a) the amount of
  its  authorized  capital  stock  and  the  amount  thereof  issued   and
  outstanding;  (b)  the  amount of its authorized bonded indebtedness and
  the amount of its bonds and other  forms  of  evidence  of  indebtedness
  issued  and  outstanding;  (c)  its receipts and expenditures during the
  preceding year; (d) the amount paid as dividends upon its stock  and  as
  interest upon its bonds; (e) the names of its officers and the aggregate
  amount  paid  as  salaries  to  them and the amount paid as wages to its
  employees; (f) the location of its plant or plants and  system,  with  a
  full  description  of its property and franchises, stating in detail how
  each franchise stated to be owned was acquired; and (g) such other facts
  pertinent to the operation and maintenance of the plants and system, and
  the affairs of such person or corporation as  may  be  required  by  the
  commission.  Such reports shall be in the form, cover the period, and be
  filed at the time prescribed by the commission. The commission may, from
  time to time, make changes and additions in such forms.  When  any  such
  report  is  defective  or believed to be erroneous, the commission shall
  notify the corporation making such report to amend  the  same  within  a
  time  prescribed  by  the  commission.  Any such corporation which shall
  neglect to make any such report or which shall fail to correct any  such
  report within the time prescribed by the commission shall be liable to a
  penalty  of one hundred dollars and an additional penalty of one hundred
  dollars for each day after  the  prescribed  time  for  which  it  shall
  neglect  to  file or correct the same, to be sued for in the name of the
  people of the state of New York,  if  ordered  by  the  commission.  The
  amount  recovered  in any such action to be paid to the commission shall
  be paid into the state treasury and be credited to the general fund. The
  commission, for cause shown, may extend  the  time  prescribed  and,  by
  compromise,  may  accept  less  than  the  amount  of such a penalty, in
  settlement thereof.
    6. Shall have power, either  through  its  members  or  inspectors  or
  employees  duly authorized by it, to enter in or upon and to inspect the
  property, buildings, plants, pump houses, ducts, conduits and offices of
  any such water-works corporation.
    7. Shall  have  power  to  examine  the  accounts,  books,  contracts,
  records,  documents  and papers of any water-works corporation, and have
  power, after a hearing, to prescribe by  order  the  accounts  in  which
  particular  outlays  and receipts shall be entered, charged or credited.
  At any such hearing the burden of proof shall be on such corporation  to
  establish  the  correctness  of  the  accounts in which such outlays and
  receipts have been entered, and the commission may suspend a  charge  or
  credit pending submission of proof by such corporation.