278.190 Procedure when new schedule of rates filed -- Suspension of new rate
645 words·~3 min read·
/ky/278-190A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
schedule -- Burden of proof -- Refunds.
(1)Whenever any utility files with the commission any schedule stating new rates, the
commission may, upon its own motion, or upon complaint as provided in KRS
278.260, and upon reasonable notice, hold a hearing concerning the reasonableness
of the new rates.
(2)Pending the hearing and the decision thereon, and after notice to the utility, the
commission may, at any time before the schedule becomes effective, suspend the
operation of the schedule and defer the use of the rate, charge, classification, or
service, but not for a longer period than five
(5)months beyond the time when it
would otherwise go into effect if an historical test period is used, or longer than six
(6)months if a forward-looking test period is used, pursuant to KRS 278.192; and
after such hearing, either completed before or after the rate, charge, classification, or
service goes into effect, the commission may make those orders with reference
thereto as it deems proper in the matter. If the proceeding has not been concluded
and an order made at the expiration of five
(5)months, or six
(6)months, as
appropriate, the utility may place the proposed change of rate, charge, classification,
or service in effect at the end of that period after notifying the commission, in
writing, of its intention so to do. Where increased rates or charges are thus made
effective, the commission may, by order, require the interested utility or utilities to
maintain their records in a manner as will enable them, or the commission, or any of
its customers, to determine the amounts to be refunded and to whom due in the
event a refund is ordered, and upon completion of the hearing and decision may, by
further order, require such utility or utilities to refund to the persons in whose behalf
the amounts were paid that portion of the increased rates or charges as by its
decision shall be found unreasonable. Provided, however, if the commission, at any
time, during the suspension period, finds that the company's credit or operations
will be materially impaired or damaged by the failure to permit the rates to become
effective during the period, the commission may, after any hearing or hearings,
permit all or a portion of the rates to become effective under terms and conditions
as the commission may, by order, prescribe.
(3)At any hearing involving the rate or charge sought to be increased, the burden of
proof to show that the increased rate or charge is just and reasonable shall be upon
the utility, and the commission shall give to the hearing and decision of such
questions preference over other questions pending before it and decide the same as
speedily as possible, and in any event not later than ten
(10)months after the filing
of such schedules.
(4)If the commission, by order, directs any utility to make a refund, as hereinabove
provided, of all or any portion of the increased rates or charges, the utility shall
make the refund within sixty
(60)days after a final determination of the proceeding
by an order of the court or commission with or without interest in the discretion of
the commission. If the utility fails to make the refund within sixty
(60)days after
the final determination, any party entitled to a refund may, after ten
(10)days'
written demand, bring an action in any court of competent jurisdiction of this state, and may recover, in addition to the amount of the refund due, legal interest, court costs, and reasonable attorney's fees. No such action may be maintained unless instituted within one
(1)year after the final determination. Any number of persons entitled to refunds may join in as plaintiffs in a single action and the court shall render a judgment severally for each plaintiff as his interest may appear.