§ 1310. Temporary rates.
(a) General rule.--The commission may, in any proceeding involving the rates of a public utility, except
a proceeding involving a general rate increase, brought either upon its own motion
or upon complaint, after reasonable notice and hearing, if it be of opinion that the
public interest so requires, immediately fix, determine, and prescribe temporary rates
to be charged by such public utility, pending the final determination of such rate
proceeding. Such temporary rates, so fixed, determined, and prescribed, shall be sufficient
to provide a return of not less than 5% upon the original cost, less accrued depreciation,
of the physical property, when first devoted to public use, of such public utility,
used and useful in the public service, and if the duly verified reports of such public
utility to the commission do not show such original cost, less accrued depreciation,
of such property, the commission may estimate such cost less depreciation and fix,
determine, and prescribe rates as hereinbefore provided.
(b) Exception where records unavailable.--If any public utility does not have continuing property records, kept in the manner
prescribed by the commission under the provisions of section 1702 (relating to continuing
property records), then the commission, after reasonable notice and hearing, may establish
temporary rates which shall be sufficient to provide a return of not less than an
amount equal to the operating income for such prior calendar, fiscal or other year
as the commission may deem proper, to be determined on the basis of data appearing
in the annual report of such public utility to the commission for such prior year
as the commission may deem proper, plus or minus such return as the commission may
prescribe from time to time upon such net changes of the physical property as are
reported to and approved for rate-making purposes by the commission. In determining
the net changes of the physical property, the commission may, in its discretion, deduct
from gross additions to such physical property the amount charged to operating expenses
for depreciation or, in lieu thereof, it may determine such net changes by deducting
retirements from the gross additions. The commission, in determining the basis for
temporary rates, may make such adjustments in the annual report data as may, in the
judgment of the commission, be necessary and proper.
(c) Periodicity of rates.--The commission may fix, determine, and prescribe temporary rates every month, or at
any other interval, if it be of opinion that the public interest so requires, and
the existence of proceedings begun for the purpose of establishing final rates shall
not prevent the commission from changing every month, or at any other interval, such
temporary rates as it has previously fixed, determined, and prescribed.
(d) Excessive rates.--Whenever the commission, upon examination of any annual or other report, or of any
papers, records, books, or documents, or of the property of any public utility, shall
be of opinion that any rates of such public utility are producing a return in excess
of a fair return upon the fair value of the property of such public utility, used
and useful in its public service, the commission may, by order, prescribe for a trial
period of at least six months, which trial period may be extended for one additional
period of six months, such temporary rates to be observed by such public utility as,
in the opinion of the commission, will produce a fair return upon such fair value,
and the rates so prescribed shall become effective upon the date specified in the
order of the commission. Such rates, so prescribed, shall become permanent at the
end of such trial period, or extension thereof, unless at any time during such trial
period, or extension thereof, the public utility involved shall complain to the commission
that the rates so prescribed are unjust or unreasonable. Upon such complaint, the
commission, after hearing, shall determine the issues involved, and pending final
determination the rates so prescribed shall remain in effect.
(e) Effect and adjustment of rates.--Temporary rates so fixed, determined, and prescribed under this section shall be effective
until the final determination of the rate proceeding, unless terminated sooner by
the commission. In every proceeding in which temporary rates are fixed, determined,
and prescribed under this section, the commission shall consider the effect of such
rates in fixing, determining, and prescribing rates to be thereafter demanded or received
by such public utility on final determination of the rate proceeding.
Cross References. Section 1310 is referred to in sections 1308, 1309 of this title.
Notes of Decisions
Barasch v. Pennsylvania Pub. Util. Comm'n, 532 A.2d 325 (Pa. 1987).
“The fact that a utility owns a property does not of itself justify its inclusion in the rate base; and the burden is on the utility to show that the property is “used and useful” in the public service. City of Pittsburgh, supra. Based on the standard set forth by the final…”
Keystone Water Co. v. Pennsylvania Pub. Util. Comm'n, 474 A.2d 368 (Pa. Commw. Ct. 1984).
· cites it 2× “Provisions for temporary rates are now found at Section 1310 of the Public Utility Code, 66 Pa. C. S. §1310. This language is retained in Section 1310(a) of the Public Utility Code, 66 Pa.”
Cohen v. Pennsylvania Pub. Util. Comm'n, 494 A.2d 58 (Pa. Commw. Ct. 1985).
“§1307, provides that a public utility should establish rates which provide a just and reasonable return on the fair value ¡of its property “used and useful” in the public service; and, Section 1310 of the Code, 66 Pa.”
West Penn Power Co. v. Pennsylvania Pub. Util. Comm'n, 659 A.2d 1055 (Pa. Commw. Ct. 1995).
“Section 1310(d) of the Public Utility Code, 66 Pa.C.S. § 1310(d). . Milestone deadlines are conditions on the QFs in the EEPAs, such as the date by which the finances for the facility must be closed.”
Pennsylvania Power & Light Co. v. Pennsylvania Pub. Util. Comm'n, 516 A.2d 426 (Pa. Commw. Ct. 1986).
“4 66 Pa. C. S. § 1310(d). 5 PP&L argues that the factors to be considered in determining sufficient reserve capacity should include: the effects of expansion and recession in the areas economy; increased peak demand in colder than normal winter weather; and the desirability of…”
Masthope Rapids Prop. Owners Council v. Pennsylvania Pub. Util. Comm'n, 581 A.2d 994 (Pa. Commw. Ct. 1990).
“We consolidated the four appeals and considered them with their corresponding motions to quash. Following argument we held that the Commission’s approval of CS Water’s rate increase via the April 25 order was invalid under Section 1310 of the Public Utility Code (Code), 66 Pa.”
Pennsylvania Gas & Water Co. v. Pennsylvania Pub. Util. Comm'n, 52 P.U.R.4th 659 (Pa. Commw. Ct. 1983).
“§1310, having to do with temporary rates, and providing that the Commission may prescribe rates for a trial period whenever it is of the informed opinion that the current utility rates “produc[e] a return in excess of a fair return upon the fair value of the property of such…”
Barasch v. Pennsylvania Pub. Util. Comm'n, 540 A.2d 966 (Pa. Commw. Ct. 1988).
““[T]he term ‘used and useful’, as applied to a utility’s return on its investment, is codified in Section 1310(d) of the Public Utility Code [66 Pa. C. S. § 1310(d)], which provides that a utility is entitled to ‘a *165 fair return upon the fair value of the property of such…”
Joseph Horne Co. v. Pennsylvania Pub. Util. Comm'n, 467 A.2d 1212 (Pa. Commw. Ct. 1983).
“§1308(e), and (3) a temporary rate increase, 66 Pa. C. S. §1310. Because the PUC’s procedure did not fully comply with the requirements of any of those three alternatives, Horne contends that the procedure was an invalid attempt to effect a temporary rate increase.”
— 66 Pa. Cons. Stat. § 1310(a) — 2 cases
Keystone Water Co. v. Pennsylvania Pub. Util. Comm'n, 474 A.2d 368 (Pa. Commw. Ct. 1984).
“Provisions for temporary rates are now found at Section 1310 of the Public Utility Code, 66 Pa. C. S. §1310. This language is retained in Section 1310(a) of the Public Utility Code, 66 Pa.”
— 66 Pa. Cons. Stat. § 1310(d) — 7 cases
Barasch v. Pennsylvania Pub. Util. Comm'n, 532 A.2d 325 (Pa. 1987).
“The fact that a utility owns a property does not of itself justify its inclusion in the rate base; and the burden is on the utility to show that the property is “used and useful” in the public service. City of Pittsburgh, supra. Based on the standard set forth by the final…”
West Penn Power Co. v. Pennsylvania Pub. Util. Comm'n, 659 A.2d 1055 (Pa. Commw. Ct. 1995).
“Section 1310(d) of the Public Utility Code, 66 Pa.C.S. § 1310(d). . Milestone deadlines are conditions on the QFs in the EEPAs, such as the date by which the finances for the facility must be closed.”
Pennsylvania Power & Light Co. v. Pennsylvania Pub. Util. Comm'n, 516 A.2d 426 (Pa. Commw. Ct. 1986).
“4 66 Pa. C. S. § 1310(d). 5 PP&L argues that the factors to be considered in determining sufficient reserve capacity should include: the effects of expansion and recession in the areas economy; increased peak demand in colder than normal winter weather; and the desirability of…”
Barasch v. Pennsylvania Pub. Util. Comm'n, 540 A.2d 966 (Pa. Commw. Ct. 1988).
““[T]he term ‘used and useful’, as applied to a utility’s return on its investment, is codified in Section 1310(d) of the Public Utility Code [66 Pa. C. S. § 1310(d)], which provides that a utility is entitled to ‘a *165 fair return upon the fair value of the property of such…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.