Rule 515-3-1-.07 - No Change in Rates, Charges, Classification or Service(1) No change shall be made by any person, firm or corporation (hereinafter referred to as "utility") subject to the jurisdiction of the Public Service Commission in any rate, charge, classification or service subject to the jurisdiction of the Commission, or in any rule or regulation relating thereto, except alter thirty days' notice to the Commission and to the public, unless the Commission otherwise orders, or unless the Commission has previously authorized or approved the same. Such notice shall be given by filing with the Commission and keeping open for public inspection new schedules stating plainly the change or changes to be made in the schedule or schedules then in force and the time when the change or changes will go into effect. The Commission, for good cause shown, may allow changes to take effect without requiring the thirty days' notice herein provided for by an order specifying the changes so to be made and the time when they shall take effect and the manner in which they shall be filed and published.(2) Whenever any such new schedule is filed, the Commission shall have authority, either upon written complaint or upon its own initiative without complaint, at once, and, if it so orders, without answer to formal pleading by the utility but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, charge, classification, or service; and, pending such hearing and the decision thereon, the Commission, upon filing with such schedules and delivering to the utility affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, charge, classification or service, but not for a longer period than five months beyond the time when it would otherwise go into effect; and after such hearings as are required, either completed before or after the rate, charge, classification, or service goes into effect, the Commission may make such orders as are proper with reference thereto within the authority vested in the Commission. The Commission is empowered to reduce or revoke any such suspension with respect to all or any part of such schedule. If the proceeding has not been concluded and an order made at the expiration of the suspension period, the proposed change of rate, charge, classification, or service shall go into effect at the end of such period, but in case of a proposed increased rate or charge, the Commission shall by order require the interested utility to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts were paid, and upon completion of the hearing and decision shall by further order require such utility to refund, with interest at the maximum legal rate, in such manner as the Commission may direct, such portion of such increased rates or charges as by its decision shall be found not justified. Any portion of such refunds not thus refunded to patrons or customers of the utility shall be refunded or disposed of by the utility as the Commission may direct, provided, however, no such funds shall accrue to the benefit of the utility. At any hearing involving a 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.(3) Before any increased rate or charge shall go into effect without the approval of the Commission, the Commission shall by order, require the interested utility to file a bond with the Commission written by a surety approved by the Commission and authorized to transact business in this State. The bond shall be fixed by the Commission in an amount not to exceed two hundred fifty thousand dollars ($250,000.00). The bond shall be payable to the Governor and conditioned upon the faithful performance of the requirements of the refund order entered by the Commission, Code Sec. 93-307-1, and the rules and regulations of the Commission.Ga. Comp. R. & Regs. R. 515-3-1-.07
Ga. L. 1878-79, p. 125; 1907, pp. 72, 75; 1922, pp. 143, 144; 1950, p. 311; 1956, pp. 104, 105; 1970, p. 104; 1972, pp. 138, 439, 615; 1973, pp. 200-220.
Original Rule entitled "No Change in Rates, Charges, Classification or Service" was filed on December 29, 1975; effective January 1, 1976, as specified by Ga. L. 1975, p. 411.