Current through 131st (2023-2024) Legislature Chapter 684
Section 310 - Investigation of proposed changes in rates of public utilities1.Investigation of proposed rate changes. When the commission receives notice of any change proposed to be made in a schedule of rates filed with the commission under the provisions of law, it may at any time before the effective date of the change, either upon complaint or upon its own motion and after reasonable notice, hold a public hearing and make investigation as to the propriety of the proposed change. The hearing shall be held in accordance with section 1304. At any such hearing involving any change, the burden of proof to show that the change is just and reasonable is upon the public utility. After a hearing and investigation, the commission may make an order with reference to any new rate, joint rate, rental, toll, classification, charge, term, condition or form of contract or agreement proposed as would be proper in a proceeding initiated upon complaint or upon motion of the commission in any rate investigation. In implementing the order, the commission shall assure rate design stability. [1987, c. 141, Pt. A, §6(NEW).]
2.Suspension pending investigation.[2023, c. 168, §3(RP).]
3.Exception: Municipal and quasi-municipal water utilities and consumer-owned transmission and distribution utilities. This section and section 307, subsection 3 do not apply to: A. Municipal or quasi-municipal corporations that are water utilities within the definition of section 102, any provisions in any charter notwithstanding, and that elect to proceed pursuant to the terms of section 6104 or 6104-A, unless by the express terms of section 6104 or 6104-A the provisions of this section are made applicable to those corporations; [2009, c. 237, §1(AMD).]A-1. Municipal or quasi-municipal corporations that are water utilities within the definition of section 102, any provisions in any charter notwithstanding, and that file a change in a schedule pursuant to section 307 that changes rates, tolls or charges for service other than the provision of water, only if the cumulative revenue impact of all such changes that become effective within any consecutive 12-month period does not exceed 1% of the utility's total annual revenue; or [2007, c. 127, §1(NEW).]B. Consumer-owned transmission and distribution utilities organized in accordance with chapter 35, unless by the express terms of chapter 35 the provisions of this section are made applicable to those districts. [1999, c. 398, Pt. A, §14(AMD); 1999, c. 398, Pt. A, §§104, 105(AFF).] [2023, c. 168, §4(AMD).]
Amended by 2023SP1, c. 168,§ 4, eff. 10/25/2023.Amended by 2023SP1, c. 168,§ 3, eff. 10/25/2023.Amended by 2023SP1, c. 168,§ 2, eff. 10/25/2023.1987, c. 141, §A6 (NEW) . 1999, c. 398, §§A104,105 (AFF) . 1999, c. 398, §A14 (AMD) . 2007, c. 127, § 1 (AMD) . 2009, c. 237, § 1 (AMD) .