Section 114. Temporary rates  


Latest version.
  • To facilitate prompt action by the commission
      in  proceedings  involving the reasonableness of the rates of any public
      utility and to avoid delay in any such rate proceeding,  the  commission
      is hereby authorized to require any public utility company to establish,
      provide  and  maintain  continuing property records, including a list or
      inventory of all of the physical property actually used  in  the  public
      service,  and  to  require any public utility company to keep its books,
      accounts and records in such manner as to show  currently  the  original
      cost  of  said physical property and the reserves accumulated to provide
      for the retirement or replacement of said physical property.
        The commission may, in any such proceeding, brought either on its  own
      motion  or  upon  complaint,  upon notice and after hearing, if it be of
      opinion that the public interest so requires, immediately fix, determine
      and prescribe temporary rates to be  charged  by  said  utility  company
      pending  the final determination of said rate proceeding. Said temporary
      rates so fixed, determined and prescribed shall be sufficient to provide
      a return of not less than five per centum upon the original  cost,  less
      accrued  depreciation,  of  the physical property of said public utility
      company used and useful in the public service, and if the duly  verified
      reports  of  said  utility  company  to  the  commission do not show the
      original  cost,  less  accrued  depreciation,  of  said  property,   the
      commission  may  estimate said cost less depreciation and fix, determine
      and prescribe rates as hereinbefore provided.
        Temporary rates so fixed, determined and prescribed under this section
      shall be effective until the rates to be charged, received and collected
      by said utility company shall finally have been  fixed,  determined  and
      prescribed.  The  commission  is  hereby authorized in any proceeding in
      which temporary rates are fixed, determined and  prescribed  under  this
      section, to consider the effect of such rates in fixing, determining and
      prescribing  rates to be thereafter charged and collected by said public
      utility company on final determination of the rate proceeding.