Public notice. New schedules. Hearings. Commission may suspend operation of new schedule. Refund of increased rates and charges. Burden of proof in rate matters. be made in the schedule or schedules then in force and the time when the change or changes will go into effect. The Commission, for good cause shown, may allow changes to take effect without requiring the thirty days' notice herein provided for by an order specifying the changes so to be made and the time when they shall take effect and the manner in which they shall be filed and published. [49 Stat. 851-852; 16 U.S.C. 824d (d)] (e) Whenever any such new schedule is filed the Commission shall have authority, either upon complaint or upon its own initiative without complaint at once, and, if it so orders, without answer or formal pleading by the public utility, but upon reasonable notice to enter upon a hearing concerning the lawfulness of such rate, charge, classification, or service; and, pending such hearing and the decision thereon the Commission, upon filing with such schedules and delivering to the public utility affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, charge, classification, or service, but not for a longer period than five months beyond the time when it would otherwise go into effect; and after full hearings, either completed before or after the rate, charge, classification, or service goes into effect, the Commission may make such orders with reference thereto as would be proper in a proceeding initiated after it had become effective. If the proceeding has not been concluded and an order made at the expiration of such five months, the proposed change of rate, charge, classification, or service shall go into effect at the end of such period, but in case of a proposed increased rate or charge, the Commission may by order require the interested public utility or public utilities to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require such public utility or public utilities to refund, with interest, to the persons in whose behalf such amounts were paid, such portion of such increased rates or charges as by its decision shall be found not justified. At any hearing involving a rate or charge sought to be increased, the burden of proof to show that the increased FIXING RATES AND CHARGES; DETERMINATION OF COST SEC. 206. (a) Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that any rate, charges, or classification, demanded, observed, charged, or collected by any public utility for any transmission or sale subject to the jurisdiction of the Commission, or that any rule, regulaion, practice, or contract affecting such rate, charge, or classification is unjust, unreasonable, unduly discriminatory or preferential, the Commission shall determine the just and reasonable rate, charge, classification, rule, regulation, practice, or contract to be thereafter observed and in force, and shall fix the same by order. [49 Stat. 852; 16 U.S.C. 824e (a)] (b) The Commission upon its own motion, or upon the request of any State commission whenever it can do so without prejudice to the efficient and proper conduct of its affairs, may investigate and determine the cost of the production or transmission of electric energy by means of facilities under the jurisdiction of the Commission in cases where the Commission has no authority to establish a rate governing the sale of such energy. [49 Stat. 852; 16 U.S.C. 824e (b)] FURNISHING OF ADEQUATE SERVICE tions have preference. upon own mo Commission tion or comdetermine rates, etc. plaint may reasonable Investigation and determina tion of cost of transmission. production and Inadequacy or interstate insufficiency of service. SEC. 207. Whenever the Commission, upon complaint of a State commission, after notice to each State commission and public utility affected and after opportunity for hearing, shall find that any interstate service of Hearing. any public utility is inadequate or insufficient, the Commission shall determine the proper, adequate, or sufficient service to be furnished, and shall fix the same by its order, rule, or regulation: Provided, That the Commission shall have no authority to compel the enlargement of generating facilities for such purposes, nor to Proviso.-No authority to enlarge gener ating facilities. 598-059 O-75-4 Commission authorized to investigate and ascertain ac tual legitimate erty and depre cost of prop ciation therein. Inventory to all property and statement of original cost thereof to be mission. compel the public utility to sell or exchange energy when to do so would impair its ability to render adequate service to its customers. [49 Stat. 853; 16 U.S.C. 824f] ASCERTAINMENT OF COST OF PROPERTY SEC. 208. (a) The Commission may investigate and ascertain the actual legitimate cost of the property of every public utility, the depreciation therein, and, when found necessary for rate-making purposes, other facts which bear on the determination of such cost or depreciation, and the fair value of such property. [49 Stat. 853; 16 U.S.C. 824g(a)] (b) Every public utility upon request shall file with the Commission an inventory of all or any part of its filled with Com- property and a statement of the original cost thereof, and shall keep the Commission informed regarding the cost of all additions, betterments, extensions, and new construction. [49 Stat. 853; 16 U.S.C. 824g (b)] Additions, betterments, extension and new construction. Reference of matters to joint boards. Power of joint boards. Force and ef fect of actions USE OF JOINT BOARDS; COOPERATION WITH STATE COMMISSIONS SEC. 209. (a) The Commission may refer any matter arising in the administration of this Part to a board to be composed of a member or members, as determined by the Commission, from the State or each of the States affected or to be affected by such matter. Any such board shall be vested with the same power and be subject to the same duties and liabilities as in the case of a member of the Commission when designated by the Commission to hold any hearings. The action of such of joint boards. board shall have such force and effect and its proceedings shall be conducted in such manner as the Commission shall by regulations prescribe. The board shall be appointed by the Commission from persons nominated by the State commission of each State affected, or by the Governor of such State if there is no State commission. Each State affected shall be entitled to the same number of representatives on the board unless the nominating power of such State waives such right. The Commission shall have discretion to reject the nominee from any State, but shall thereupon invite a new nomination from that State. The members of a board members. board shall receive such allowances for expenses as the Commission shall provide. The Commission may, when Appointment of joint boards. Allowances for expenses of in its discretion sufficient reason exists therefor, revoke any reference to such a board. [49 Stat. 853; 16 U.S.C. 824h (a)] Matters remay be re ferred to board voked. with State com missions reaccounts, etc. garding rates, Joint hearings etc., author ized. (b) The Commission may confer with any State Conferences commission regarding the relationship between rate structures, costs, accounts, charges, practices, classifications, and regulations of public utilities subject to the jurisdiction of such State commission and of the Commission; and the Commission is authorized, under such rules and regulations as it shall prescribe, to hold joint hearings with any State commission in con- Cooperation nection with any matter with respect to which the commission. Commission is authorized to act. The Commission is authorized in the administration of this Act to avail itself of such cooperation, services, records, and facilities as may be afforded by any State commission. [49 Stat. 853; 16 U.S.C. 824h (b)] with State Information and reports of available to sions. Commission's (c) The Commission shall make available to the several State commissions such information and reports as may be of assistance in State regulation of public utilities. Whenever the Commission can do so without prejudice to the efficient and proper conduct of its affairs, it may upon request from the State make available to such State as witnesses any of its trained rate, Availability of valuation, or other experts, subject to reimbursement experts as witto the Commission by such State of the compensation and traveling expenses of such witnesses. All sums collected hereunder shall be credited to the appropriation from which the amounts were expended in carrying out the provisions of this subsection. [49 Stat. 854; 16 U.S.C. 824h (c)] nesses. Accounts, records, memoranda. Licensees and public utilities shall make, keep, and preserve accounts, records, etc. PART III-LICENSEES AND PUBLIC ACCOUNTS, RECORDS, AND MEMORANDA SECTION 301. (a) Every licensee1 and public utility shall make, keep and preserve for such periods, such accounts, records of cost-accounting procedures, correspondence, memoranda, papers, books, and other records as the Commission may by rules and regulations prescribe as necessary or appropriate for purposes of the administration of this Act, including accounts, records, and memoranda of the generation, transmission, distribution, delivery, or sale of electric energy, the furnishing of services or facilities in connection therewith, and receipts and expenditures with respect Proviso Pub to any of the foregoing: Provided, however, That lic utilities not relieved from keeping ac- Burden of proof to justify accounting entries on person making entry. Commission may suspend charges and credits. Commission has access to and right to inspect ac nothing in this Act shall relieve any public utility from keeping any accounts, memoranda, or records which such public utility may be required to keep by or under authority of the laws of any State. The Commission may prescribe a system of accounts to be kept by licensees and public utilities and may classify such licensees and public utilities and prescribe a system of accounts for each class. The Commission, after notice and opportunity for hearing, may determine by order the accounts in which particular outlays and receipts shall be entered, charged, or credited. The burden of proof to justify every accounting entry questioned by the Commission shall be on the person making, authorizing, or requiring such entry, and the Commission may suspend a charge or credit pending submission of satisfactory proof in support thereof. [49 Stat. 854; 16 U.S.C. 825 (a)] (b) The Commission shall at all times have access to and the right to inspect and examine all accounts, counts, records, records, and memoranda of licensees and public utilities, and it shall be the duty of such licensees and etc. 1 Not applicable to State and municipal licensees. See Act of August 15, 1953 (67 Stat. 587), infra, p. 157. |