2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 13 - Rates and Rate Making
1309 - Rates fixed on complaint; investigation of costs of production.

     § 1309.  Rates fixed on complaint; investigation of costs of
                production.
        (a)  General rule.--Whenever the commission, after reasonable
     notice and hearing, upon its own motion or upon complaint, finds
     that the existing rates of any public utility for any service
     are unjust, unreasonable, or in anywise in violation of any
     provision of law, the commission shall determine the just and
     reasonable rates, including maximum or minimum rates, to be
     thereafter observed and in force, and shall fix the same by
     order to be served upon the public utility, and such rates shall
     constitute the legal rates of the public utility until changed
     as provided in this part. Whenever a public utility does not
     itself produce or generate that which it distributes, transmits,
     or furnishes to the public for compensation, but obtains the
     same from another source, the commission shall have the power
     and authority to investigate the cost of such production or
     generation in any investigation of the reasonableness of the
     rates of such public utility.
        (b)  Deadline for decision.--Before the expiration of a nine-
     month period beginning on the date of the commission's motion or
     the filing of a complaint pursuant to subsection (a), a majority
     of the members of the commission serving in accordance with law,
     acting unanimously, shall make a final decision and order,
     setting forth its reasons therefor. If such an order has not
     been made at the expiration of such nine-month period and the
     motion or complaint pursuant to subsection (a) requested a
     reduction in rates, a final decision and order of the commission
     which determines or fixes a rate reduction shall be retroactive
     to the expiration of such nine-month period, provided that
     nothing herein shall be construed to prohibit the commission
     from setting temporary rates pursuant to section 1310 (relating
     to temporary rates) prior to the expiration of such nine-month
     period and giving such effect to the setting of temporary rates
     as is otherwise permitted by this title. This subsection shall
     apply only when the requested reduction in rates affects more
     than 5% of the customers and amounts to in excess of 3% of the
     total gross annual intrastate operating revenues of the public
     utility, provided that, if the public utility furnishes two or
     more types of service, the foregoing percentages shall be
     determined only on the basis of the customers receiving, and the
     revenues derived from, the type of service to which the
     requested reduction pertains. This subsection shall not apply to
     any proceeding involving a change in rates proposed by a public
     utility pursuant to section 1307 (relating to sliding scale of
     rates; adjustments) or 1308 (relating to voluntary changes in
     rates).
     (July 6, 1988, P.L.490, No.83, eff. imd.)

        Cross References.  Section 1309 is referred to in sections
     514, 521, 1327, 3019 of this title.