Vermont § 226 - Rates, hearings, bond

§ 226. Rates, hearings, bond

• (a) Except in the case of municipal companies formed under local charter or under chapter
  79 and cooperatives formed under chapter 81 of this title, upon six days’ notice to
  the company affected, the Commission may suspend a rate change until it makes a final
  determination on the request for a rate change. However, if it shall be made to appear
  to the satisfaction of the Commission, that the public interest requires a change
  in rates, charges, or services, or that such change is necessary for the purpose of
  providing adequate and efficient service or for the preservation of the property of
  the public service company devoted to public use, the Commission, after public notice
  and preliminary hearing, shall authorize upon such terms, conditions, or safeguards
  as it deems proper an immediate reasonable temporary increase in such price pending
  the final determination of the price to be thereafter charged by any such public service
  company and the Commission may as a condition of its order allowing such temporary
  increase, require the petitioning company to file with the Commission a bond running
  to the Commission members and their successors in office in amount and with sureties
  approved by the Commission, conditioned that within a reasonable time prescribed by
  the Commission after the termination of such proceedings, the company shall, with
  interest, repay to or may credit the account of the persons from whom such changed
  rates shall be collected all sums collected in excess of the rate in force at the
  time such changes are filed or of such rate as shall be determined to be just and
  reasonable. If the Commission fails to determine the application for temporary rates,
  if requested, within 30 days after it is made or within 45 days after suspension,
  whichever is later, the requested temporary rates shall take effect subject to refund
  as provided in this subsection. (b) In the case of municipal companies formed under local charter or under chapter 79
  and cooperatives formed under chapter 81 of this title, the Public Utility Commission
  shall not be empowered to suspend a change in the rates of a municipality or of a
  cooperative pending final determination as to the justness or reasonableness of such
  change, but the Commission shall require that the municipality or cooperative refund
  revenues collected in excess of those that are finally determined to be just and reasonable.
  Any increase in the rates of a municipality or cooperative shall be implemented by
  means of an identical percentage increase to each class or division of ratepayers
  under rate design tariffs previously approved by the Public Utility Commission until
  such time as the Public Utility Commission shall specifically approve an alteration
  in such rate design and corresponding tariffs. (c) If the Department does not oppose the change as provided in section 225 of this title, five persons adversely affected by the change, or, if the change adversely affects
  fewer than five persons, any one person so affected may apply at their own expense
  to the Commission by petition alleging why the change is unreasonable and unjust and
  asking that the Commission investigate the matter and make such orders as justice
  and law require. The petition shall be filed within 38 days of the date of the notice
  of rate change that was filed pursuant to section 225 of this title. The Commission may suspend the rates as a result of the petition. The Commission
  may hold a hearing on the petition. Whether or not a hearing is held, the Commission
  shall make such orders as justice and law require. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263, § 3, eff. July 31, 1961; 1979, No. 204 (Adj. Sess.),§§ 29, 30, eff. Feb. 1, 1981; 1981, No. 226 (Adj. Sess.), §§ 3, 4, eff. May 6, 1982; 2019, No. 31, § 19.)