2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 13 - Rates and Rate Making
1312 - Refunds.

     § 1312.  Refunds.
        (a)  General rule.--If, in any proceeding involving rates,
     the commission shall determine that any rate received by a
     public utility was unjust or unreasonable, or was in violation
     of any regulation or order of the commission, or was in excess
     of the applicable rate contained in an existing and effective
     tariff of such public utility, the commission shall have the
     power and authority to make an order requiring the public
     utility to refund the amount of any excess paid by any patron,
     in consequence of such unlawful collection, within four years
     prior to the date of the filing of the complaint, together with
     interest at the legal rate from the date of each such excessive
     payment. In making a determination under this section, the
     commission need not find that the rate complained of was
     extortionate or oppressive. Any order of the commission awarding
     a refund shall be made for and on behalf of all patrons subject
     to the same rate of the public utility. The commission shall
     state in any refund order the exact amount to be paid, the
     reasonable time within which payment shall be made, and shall
     make findings upon pertinent questions of fact.
        (b)  Suit for refund.--If the public utility fails to make
     refunds within the time for payment fixed by any final order of
     the commission or court, any patron entitled to any refund may
     sue therefor and the findings and order made by the commission
     shall be prima facie evidence of the facts therein stated, and
     that the amount awarded is justly due the plaintiff in such
     suit, and the defendant public utility shall not be permitted to
     avail itself of the defense that the service was, in fact,
     rendered to the plaintiff at the rate contained in its tariffs
     in force at the time payment was made and received, nor shall
     the defendant public utility be permitted to avail itself of the
     defense that the rate was reasonable. Any patron entitled to any
     refund shall be entitled to recover, in addition to the amount
     of refund, a penalty of 50% of the amount of such refund,
     together with all court costs and reasonable attorney fees. No
     suit may be maintained for a refund unless instituted within one
     year from the date of the order of the commission or court. Any
     number of patrons entitled to such refund may join as plaintiffs
     and recover their several claims in a single action, in which
     action the court shall render a judgment severally for each
     plaintiff as his interest may appear.
        (c)  Condition for suit.--No action shall be brought in any
     court for a refund, unless and until the commission shall have
     determined that the rate in question was unjust or unreasonable,
     or in violation of any regulation or order of the commission, or
     in excess of the applicable rate contained in an existing and
     effective tariff, and then only to recover such refunds as may
     have been awarded and directed to be paid by the commission in
     such order.

        Cross References.  Section 1312 is referred to in sections
     1308, 3019 of this title.