Maine Revised Statutes Title 35-A Sec. 310 – Investigation of proposed changes in rates of public utilities
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1. Investigation of proposed rate changes. When the commission receives notice of any change proposed to be made in a schedule of rates filed with the commission under the provisions of law, it may at any time before the effective date of the change, either upon complaint or upon its own motion and after reasonable notice, hold a public hearing and make investigation as to the propriety of the proposed change. The hearing shall be held in accordance with section 1304. At any such hearing involving any change, the burden of proof to show that the change is just and reasonable is upon the public utility. After a hearing and investigation, the commission may make an order with reference to any new rate, joint rate, rental, toll, classification, charge, term, condition or form of contract or agreement proposed as would be proper in a proceeding initiated upon complaint or upon motion of the commission in any rate investigation. In implementing the order, the commission shall assure rate design stability.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 310
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Public utility: includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. See Maine Revised Statutes Title 35-A Sec. 102
- Rate design stability: means the implementation of interclass cost allocation or intraclass rate design changes to any existing customer class, of the magnitude or on such a schedule as to not be seriously adverse to the existing class of customers. See Maine Revised Statutes Title 35-A Sec. 102
2. Suspension pending investigation.
[PL 2023, c. 168, §3 (RP).]
3. Exception: Municipal and quasi-municipal water utilities and consumer-owned transmission and distribution utilities. This section and section 307, subsection 3 does not apply to:
A. Municipal or quasi-municipal corporations that are water utilities within the definition of section 102, any provisions in any charter notwithstanding, and that elect to proceed pursuant to the terms of section 6104 or 6104?A, unless by the express terms of section 6104 or 6104?A the provisions of this section are made applicable to those corporations; [PL 2009, c. 237, §1 (AMD).]
A-1. Municipal or quasi-municipal corporations that are water utilities within the definition of section 102, any provisions in any charter notwithstanding, and that file a change in a schedule pursuant to section 307 that changes rates, tolls or charges for service other than the provision of water, only if the cumulative revenue impact of all such changes that become effective within any consecutive 12-month period does not exceed 1% of the utility’s total annual revenue; or [PL 2007, c. 127, §1 (NEW).]
B. Consumer-owned transmission and distribution utilities organized in accordance with chapter 35, unless by the express terms of chapter 35 the provisions of this section are made applicable to those districts. [PL 1999, c. 398, Pt. A, §14 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
[PL 2023, c. 168, §4 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A14 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2007, c. 127, §1 (AMD). PL 2009, c. 237, §1 (AMD). PL 2023, c. 168, §§2-4 (AMD).