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This entry was published on 2014-09-22
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Reparations and refunds
Public Service (PBS) CHAPTER 48, ARTICLE 6
§ 113. Reparations and refunds. 1. Whenever a public utility company,
on its own initiative, shall file with the commission a schedule stating
an increased rate or charge, and the commission shall enter upon a
hearing concerning the propriety of such increased rate or charge, the
commission shall by order require the interested company to keep
accurate account during the pendency of the hearing, in detail, of all
amounts received by reason of such increase, or by reason of an increase
received as a result of the establishment of temporary rates by the
commission specifying by whom and in whose behalf such amounts are paid,
and upon completion of the hearing and decision shall, by order require
the interested company to refund or issue a credit in a manner
prescribed by the commission, with interest, on or before a day fixed in
the order, to the customers in whose behalf such amounts were paid to
the extent practicable and otherwise to the class of customers in whose
behalf such amounts were paid, such portion of such increased rates or
charges as by its decision shall be found not justified, provided,
however, that the commission may waive such refund requirement where the
cost of making such refund exceeds the total amount of such refund or
upon a finding that requiring such refunds would impair the financial
integrity of the company. In the case of temporary rates, the commission
may by order authorize appropriate reparation to the company if such
temporary rates were found inadequate. If the corporation does not
comply with such order within the time limited therein, any person or
persons for whose benefit such order was made may, within one year from
the date of the order but not after, bring action in a court of
competent jurisdiction to recover the money to which he or they are
entitled under said order. In any such action a copy of the order of the
commission duly certified shall be prima facie evidence of the facts set
forth in the order. The commission after reasonable notice to the
company interested may, by order, direct the company to issue and
deliver to shippers or consumers, tickets, printed slips or tokens
specifying the excess received by the company over rates existing prior
to the filing of the schedule.

2. Whenever any public utility company or municipality, whose rates
are subject to the jurisdiction of the commission, shall receive any
refund of amounts charged and collected from it by any source, the
commission shall have power after a hearing, upon its own motion, upon
complaint or upon the application of such public utility company or
municipality, to determine whether or not such refund should be passed
on, in whole or in part, to the consumers of such public utility company
or municipality and to order such public utility company or municipality
to pass such refunds on to its consumers, in the manner and to the
extent determined just and reasonable by the commission.