(a) Every public utility shall file with the public utilities administrator, within a
time to be fixed by the administrator, schedules that shall be open to public inspection,
showing all rates, tolls, and charges it has established and that are in force at
the time for any service performed by it within the state, or for any service in connection
therewith or performed by any public utility controlled or operated by it. A copy
of so much of the schedules as the administrator shall deem necessary for the use
of the public shall be printed in plain type, or typewritten, and kept on file in
every station or office of the public utility where payments are made by the consumers
or users, open to the public in such form and place as to be readily accessible and
conveniently inspected, and as the administrator may order. The administrator may
determine and prescribe the form in which the schedules, required by this section
to be kept open to the public inspection, shall be prepared and arranged, provided,
that with respect to public utilities subject to the federal Interstate Commerce Act,
49 U.S.C. § 501 et seq., so-called, the form of the schedules shall be that as from time to time
prescribed by the Interstate Commerce Commission.
(b) Notwithstanding subsection (a) herein, a public utility may post on its website the
rates, tolls, and charges of any retail telecommunications service performed by it
within the state for any business customers. Subsection (a) herein shall not apply
to any service so posted, and such public utility shall not be required to file with
the public utilities administrator or publish any schedule or tariff for such service.
Upon written notice to the public utilities administrator, the public utility may
withdraw any schedule or tariff previously filed with the administrator for any service
so posted.
(c) Nothing in subsection (b) herein or in § 39-2-5(12) shall derogate from the statutory authority of the commission or of the division,
including, but not limited to, the authority to protect ratepayers from unreasonable
rates. Nor shall anything in subsection (b) herein or in § 39-2-5(12) derogate from the common law or statutory authority of the attorney general, including,
but not limited to, the authority to enforce consumer protection or unfair or deceptive
trade practice statutes and regulations.
Notes of Decisions
In Re Island Hi-Speed Ferry, LLC, 746 A.2d 1240 (R.I. 2000).
· cites it 6× “The petitioner Hi-Speed argued that under §§ 39-3-10 and 39-3-11, the Commission lacks subject matter jurisdiction to investigate such a filing.”
Providence Gas Co. v. Burke, 475 A.2d 193 (R.I. 1984).
· cites it 3× “*197 Section 39-3-10 provides that “[e]very public utility shall file with the public utility administrator within a time to be fixed by the administrator, schedules which shall be open to public inspection, showing all rates, tolls and charges which it has established and which…”
In Re Island Hi-Speed Ferry, LLC., 852 A.2d 524 (R.I. 2004).
· cites it 2× “Section 39-3-11(a) provides "[w]henever the commission receives notice of any change or changes proposed to be made in any schedule filed under the provisions of § 39-3-10, the commission shall hold a public hearing and make investigation as to the propriety of the proposed…”
Town of Narragansett v. Malachowski, 621 A.2d 190 (R.I. 1993).
· cites it 6× “Filed and published in compliance with §§ 39-3-10 and 39-3-11, the proposed rate schedules were designed to collect additional revenues in the amount of $439,608 or an overall increase of 28.”
In Re Woonsocket Water Dep't, 538 A.2d 1011 (R.I. 1988).
“-1(a) specifically provides for retroactive application: “[T]he commission shall not have the power to suspend the taking effect of any change or changes in the rates, tolls, and charges filed and published in compliance with the requirements of §§ 39-3-10 and 39-3-11 by any…”
In Re Providence Water Supply Bd.'s Application to Change Rate Schedules, 989 A.2d 110 (R.I. 2010).
“l(a): “the commission shall not have the power to suspend the taking effect of any change or changes in the rates, tolls, and charges filed and published in compliance with the requirements of §§ 39-3-10 and 39-3-11 by any public water *116 works or water service owned or…”
Bristol & Warren Gas Co. v. Harsch, 384 A.2d 298 (R.I. 1978).
· cites it 2× “— No change shall be made in the rates, tolls and charges which have been filed and published by any public utility in compliance with the requirements of §39-3-10, except after thirty (30) days’ notice to the commission and to the public published as aforesaid, which shall…”
Audubon Soc. of R.I. v. Malachowski, 569 A.2d 1 (R.I. 1990).
“1, which reads in part: “[T]he commission shall not have the power to suspend the taking effect of any change or changes in the rates, tolls, and charges filed and published in compliance with the requirements of §§ 39-3-10 and 39-3-11 by any public waterworks or water service…”
Bristol & Warren Gas Co. v. Burke, 439 A.2d 246 (R.I. 1981).
“General Laws 1956 (1977 Reenactment) § 39-3-11 provides that “[wjhenever the commission receives such notice of * * * [rate] changes proposed to be made in any schedule filed under the provisions of § 39-3-10, the commission shall hold a public hearing and make inves *248…”
Wakefield Water Co. v. Burke, 502 A.2d 816 (R.I. 1986).
“Section 39-3-11 further provides in pertinent part that “[n]o change shall be made in the rates, tolls and charges which have been filed and published by any public utility in compliance with the requirements of § 39-3-10, except after thirty (30) days’ notice to the commission…”
In re Valley Gas Co., 193 F. Supp. 808 (D.R.I. 1960).
“1956, § 39-3-10. Under the amendments to the plan filed with the Commission on August 1, 1960 the second method of direct initial filing by Valley is required.”
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.