(a) Whenever a utility desires to put in operation a new rate or service regulation or to change any existing rate or service regulation, it shall file with the commission a new schedule embodying the same, not less than 30 days prior to the time it desires to make the same effective; but the commission may, upon application of the utility, prescribe a less time within which the same may be made effective. In the absence of suspension or disapproval by the commission, as herein provided, the new rate or service regulation embodied in any such new schedule shall become effective at the time specified in such schedule, subject however to the power of the commission at any time thereafter to take any action respecting the same authorized by this title.
(b) To enable it to make such investigation as, in its opinion, the public interest requires, the commission, in its discretion, for a period not exceeding six months may suspend the operation of any new schedule of rates or service regulations filed with the commission. Unless as a result of its investigation the commission otherwise orders before the termination of such period of six months, such rate or service regulation shall thereupon become effective. The commission may make any order in the premises which it is authorized by any of the provisions of this title to make in any investigation or complaint or on its own motion without complaint.
(Acts 1920, No. 37, p. 38; Code 1923, §§9771, 9772; Code 1940, T. 48, §§53, 54; Acts 1971, 1st Ex. Sess., No. 89, p. 144, §1.)
Notes of Decisions
Ala. Metallurgical Corp. v. ALA. PUB. SER. COM'N, 441 So. 2d 565 (Ala. 1983).
“The fact that § 37-1-81(a) (formerly Title 48, § 53) was reenacted without change in the present codification of the Alabama Code lends further support to the interpretation that the statute does not prohibit the use of fixed rate formulae.”
Alabama Power Co. v. Alabama Pub. Serv. Comm'n, 421 So. 2d 1260 (Ala. 1982).
· cites it 2× “Alabama Power filed with the Commission on January 20, 1981, a revised rate schedule and a new rate schedule, with a proposed effective date of March 1, 1981, pursuant to Ala.Code 1975, § 37-1-81(a). The rate schedule: (1) increased the charge for collection services from $1.”
Graddick v. Alabama Pub. Serv. Comm'n, 441 So. 2d 586 (Ala. 1983).
· cites it 6× “Section 37-1-81 reads as follows: “(a) Whenever a utility desires to put in operation a new rate or service regulation or to change any existing rate or service regulation, it shall file with the commission a new schedule embodying the same, not less than 30 days prior to the…”
Choctaw Cnty. v. Alabama Pub. Serv. Comm'n, 368 So. 2d 280 (Ala. 1979).
“Butler states in brief that no hearing is required by § 37-1-81 Code 1975 and that the Commission records show that applications for approval of non-recurring charges are seldom set for hearing.”
BellSouth Telecomm., Inc. v. Alabama Pub. Serv. Comm'n, 987 So. 2d 1079 (Ala. 2007).
· cites it 2× “Section 37-1-81 provides: “(a) Whenever a utility desires to put in operation a new rate or service regulation or to change any existing rate or service regulation, it shall file with the commission a new schedule embodying the same, not less than 30 days prior to the time it…”
Alabama Env't Council, Inc. v. Alabama Pub. Serv. Comm'n, 893 So. 2d 287 (Ala. 2004).
“Section 37-1-81(a) provides: "(a) Whenever a utility desires to put in operation a new rate or service regulation or to change any existing rate or service regulation, it shall file with the commission a new schedule embodying the same, not less than 30 days prior to the time it…”
Ala. Code § 37-1-81(a): 3 cases
Ala. Metallurgical Corp. v. ALA. PUB. SER. COM'N, 441 So. 2d 565 (Ala. 1983).
“The fact that § 37-1-81(a) (formerly Title 48, § 53) was reenacted without change in the present codification of the Alabama Code lends further support to the interpretation that the statute does not prohibit the use of fixed rate formulae.”
Alabama Power Co. v. Alabama Pub. Serv. Comm'n, 421 So. 2d 1260 (Ala. 1982).
“Alabama Power filed with the Commission on January 20, 1981, a revised rate schedule and a new rate schedule, with a proposed effective date of March 1, 1981, pursuant to Ala.Code 1975, § 37-1-81(a). The rate schedule: (1) increased the charge for collection services from $1.”
Alabama Env't Council, Inc. v. Alabama Pub. Serv. Comm'n, 893 So. 2d 287 (Ala. 2004).
“Section 37-1-81(a) provides: "(a) Whenever a utility desires to put in operation a new rate or service regulation or to change any existing rate or service regulation, it shall file with the commission a new schedule embodying the same, not less than 30 days prior to the time it…”
Ala. Code § 37-1-81(b): 1 case
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