(a) No change shall be made in the rates, tolls, and charges that 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 provided in § 39-3-10, which shall plainly state the changes proposed to be made in the schedule then in
force, and the time when the changed rates, tolls, or charges will go into effect.
Whenever 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 change or changes. After notice of any investigation, the commission
shall have power, by any order served upon the public utility affected, to suspend
the taking effect of the change or changes pending the decision thereof, but not for
a longer period than eight (8) months beyond the time when the change or changes would
otherwise take effect. Each hearing and investigation shall be conducted as expeditiously
as may be practicable, and with a minimum of delay. Within ninety (90) days after
the completion of any hearing, the commission shall make such order in reference to
any proposed rate, toll, or charge as may be proper. Notwithstanding the provisions
of this section, the commission shall periodically hold a public hearing and make
investigation as to the propriety of rates when charged by any public utility and
shall make such order in reference to the rate, toll, or charge as may be just. The
hearing prescribed by this section may be held simultaneously with the hearing prescribed
by § 39-3-7. In the event of an appeal from an order of the commission in any hearing under this
section, the order shall remain in full force and effect during the pendency of said
appeal.
(b) Upon receipt from a common carrier of persons and/or property upon water of a notice
of any change proposed to be made in any schedule filed pursuant to § 39-3-10, the commission shall give notice as it may prescribe of the pendency of the proposal
and of the time and place of the hearing thereon to the mayor and also any city manager
of each city, and to the president of the town council and also any town manager of
each town in which the carrier picks up or discharges passengers. The commission shall
also publish a notice of the hearing at least ten (10) days prior to the date thereof
in a newspaper of general circulation in each city or town in which the carrier picks
up or discharges passengers. In all other respects, hearings and investigations with
respect to the proposals by the carriers shall be governed by the provisions of subsection
(a) of this section.
(c) The Kent County Water Authority shall provide notice by certified mail of rate increase
requests to the several fire districts that purchase water from the authority.
(d) Costs incurred by electric distribution companies for filing rates, tolls, and charges,
for participating in hearings and investigations prior to December 31, 2000, or for
appealing commission decisions rendered prior to December 31, 2000, pursuant to this
section shall not be included in the rates, tolls, or charges established by the commission
pursuant to this section.
Notes of Decisions
Bristol Cnty. Water Co. v. Pub. Utils. Comm'n, 363 A.2d 444 (R.I. 1976).
· cites it 16× “These proceedings were initiated on June 24, 1974, when the company, pursuant to §39-3-11, submitted to the commission a revised tariff plan proposing a change in the rates to be charged the company’s customers.”
Providence Gas Co. v. Burke, 475 A.2d 193 (R.I. 1984).
· cites it 10× “On September 28, 1981, the Providence Gas Company! (company) filed with the Public Utilities Commission (commission) a schedule of pi signed to prodt in revenues, authority of G § 39-3-11, as 236, § 2, suspe oposed rate increases de-ce an additional $12,821,714 'he commission,…”
Providence Gas Co. v. Burke, 380 A.2d 1334 (R.I. 1977).
· cites it 9× “Looking first to §39-3-11, the ratemaking provision, we have a statute with two separable parts.”
In Re Island Hi-Speed Ferry, LLC., 852 A.2d 524 (R.I. 2004).
· cites it 14× “[8] Even if this case were not moot, we would question whether the PUC's decision to continue a tariff triggers the hearing requirement of G.L.1956 § 39-3-11. Section 39-3-11(a) provides "[w]henever the commission receives notice of any change or changes proposed to be made in…”
In Re Island Hi-Speed Ferry, LLC, 746 A.2d 1240 (R.I. 2000).
· cites it 8× “1956 § 39-3-12 2 seeking a waiver of the hearing and investigation requirements of § 39-3-11 3 relative to its rates, tolls, and charges; a motion pursuant to Rule 2.”
In Re Woonsocket Water Dep't, 538 A.2d 1011 (R.I. 1988).
· cites it 5× “1956 (1984 Reenactment) § 39-3-11, as amended by P.L. 1986, ch. 504, § 2, the commission suspended the August 28, 1986, effective date for the general increase for five months.”
Town of Narragansett v. Malachowski, 621 A.2d 190 (R.I. 1993).
· cites it 19× “1956 (1990 Reenactment) § 39-3-11. Second, petitioner contends that the commission’s denial of the town’s motion to intervene out of time and its motion to reopen public hearing constituted an abuse of discretion by the commission.”
Narragansett Elec. Co. v. Burke, 381 A.2d 1358 (R.I. 1977).
· cites it 2× “Under §39-3-11, the PUC is authorized to conduct hearings to investigate the propriety of proposed rate changes and to make such orders with regard to a proposed rate as may be just.”
Block Island Power Co. v. Pub. Utils. Comm'n, 505 A.2d 652 (R.I. 1986).
· cites it 3× “On June 23,1983, the company filed with the commission revised rates in accordance with § 39-3-11. The revised rates were designed to produce additional revenue of approximately $180,000.”
— R.I. Gen. Laws § 39-3-11(a) — 2 cases
In Re Island Hi-Speed Ferry, LLC, 746 A.2d 1240 (R.I. 2000).
“1956 § 39-3-12 2 seeking a waiver of the hearing and investigation requirements of § 39-3-11 3 relative to its rates, tolls, and charges; a motion pursuant to Rule 2.”
In Re Island Hi-Speed Ferry, LLC., 852 A.2d 524 (R.I. 2004).
“[8] Even if this case were not moot, we would question whether the PUC's decision to continue a tariff triggers the hearing requirement of G.L.1956 § 39-3-11. Section 39-3-11(a) provides "[w]henever the commission receives notice of any change or changes proposed to be made in…”
— R.I. Gen. Laws § 39-3-11(b) — 1 case
In Re Island Hi-Speed Ferry, LLC., 852 A.2d 524 (R.I. 2004).
“[8] Even if this case were not moot, we would question whether the PUC's decision to continue a tariff triggers the hearing requirement of G.L.1956 § 39-3-11. Section 39-3-11(a) provides "[w]henever the commission receives notice of any change or changes proposed to be made in…”
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