Whenever, upon an investigation made under the provisions of this title, the commission shall find any existing rate or rates or any regulation or practice whatsoever or any service, unreasonable or unjustly discriminatory, or any service inadequate, it shall so determine and by order fix, to the extent that it is within its power to do so, a reasonable rate, fare, charge, classification or joint rate as between like carriers, to be imposed, observed and followed in the future in lieu of that found to be unreasonable or unjustly discriminatory, or inadequate, as the case may be. All utilities to which the order applies shall make such changes in their schedule of rates, fares, charges or classifications as may be necessary to make the same conform to said order, where such order relates to rates, fares, charges or classification, and no change shall thereafter be made by any utility in such rates, fares, charges or classification, or joint rate or rates, or in the service or practice so ordered, without the approval of the commission.
(Code 1907, §5678; Code 1923, §9661; Code 1940, T. 48, §64.)
Notes of Decisions
Cited in
3
cases, 1991–2007 · leading case:
Taffet v. S. Co., 967 F.2d 1483 (11th Cir. 1992).
Taffet v. S. Co., 967 F.2d 1483 (11th Cir. 1992).
“Rather than provide for a right to recover damages, Alabama and Georgia have structured their rate-making schemes so that the PSCs can provide a remedy for the defendants’ fraud that will adequately compensate the appellants while not undermining the PSCs’ authority to set…”
Taffet v. S. Co., 930 F.2d 847 (11th Cir. 1991).
“In spite of this fact, the defendants argue that the district courts should not hear this matter because the plaintiffs have not complained to the PSCs and therefore have not exhausted their administrative remedies.”
BellSouth Telecomm., Inc. v. Alabama Pub. Serv. Comm'n, 987 So. 2d 1079 (Ala. 2007).
· cites it 5× “doctrine precluded the customers of the utility companies from suffering a legally cognizable injury sufficient to predicate a RICO civil action based on a claim that the utility companies had obtained approval of an excessive rate from the state rate-making commissions through…”
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