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This entry was published on 2014-09-22
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SECTION 114
Temporary rates
Public Service (PBS) CHAPTER 48, ARTICLE 6
§ 114. Temporary rates. 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.