85 - Notice and hearing; order fixing price of steam, or requiring improvement.

§ 85. Notice  and  hearing;  order fixing price of steam, or requiring  improvement.  Before proceeding under a complaint presented as  provided  in  section  eighty-four,  the  commission  shall  cause  notice of such  complaint, and the purpose thereof, to be  served  upon  the  person  or  corporation  affected  thereby. Such person or corporation shall have an  opportunity to be heard in respect to the matters  complained  of  at  a  time  and  place to be specified in such notice. An investigation may be  instituted by the commission on its own motion as to any matter of which  complaint may be made,  as  provided  in  section  eighty-four  of  this  chapter,  or  to  enable  it  to  ascertain  the  facts requisite to the  exercise of any power conferred upon it. After a hearing and after  such  an  investigation  as  shall  have  been  made  by the commission or its  officers, agents, examiners or inspectors, the commission may, by order,  fix the maximum price of steam to be  charged  by  such  corporation  or  person, for the service to be furnished notwithstanding that a higher or  lower  price  has  been  theretofore  prescribed  by  general or special  statute,  contract,  grant,  franchise  condition,  consent   or   other  agreement;   and   may   order  such  improvement  in  the  manufacture,  distribution or supply of steam, or in  the  methods  employed  by  such  person  or  corporation,  as  will in its judgment be adequate, just and  reasonable.  Any  such  change  in  price  shall  be  upon  such  terms,  conditions  or  safeguards, as the commission may prescribe. It it shall  appear to the satisfaction of the commission that  the  public  interest  requires  a  change  in the price of steam charged by any such person or  corporation, or that  such  change  is  necessary  for  the  purpose  of  providing adequate and efficient service, or for the preservation of the  property,  the  commission, upon such terms, conditions or safeguards as  it deems proper,  may  authorize  an  immediate,  reasonable,  temporary  increase  or decrease in such price pending a final determination of the  price to be thereafter charged by such person or corporation. The terms,  conditions or safeguards  prescribed  may  include  provisions  for  the  purposes  for  which  the  additional  revenue  derived  from  any  such  temporary increase may be expended and for the impounding thereof  until  the  same shall be applied to the purposes so specified. The price fixed  by the commission under  this  section  or  under  subdivision  five  of  section  eighty shall be the maximum price to be charged by such person,  corporation or municipality for steam for the service  to  be  furnished  within  the  territory and for a period to be fixed by the commission in  the order, not exceeding three years except in case of a sliding  scale,  and  thereafter  until the commission shall, upon its own motion or upon  the complaint of any corporation, person or municipality interested, fix  a higher or lower maximum price of steam to be  thereafter  charged.  In  determining  the  price  to  be  charged  for  steam  the commission may  consider all facts which in its judgment have any bearing upon a  proper  determination  of  the  question although not set forth in the complaint  and not within the allegations contained therein, with due regard  among  other  things  to  a  reasonable  average  return  upon capital actually  expended and to the necessity of making reservations out of  income  for  surplus and contingencies. At any hearing involving a rate or price, the  burden  of  proof  to  show  that the change in rate, if proposed by the  person, corporation or municipality operating such utility, or that  the  existing  rate,  if  on motion of the commission or in a complaint filed  with the commission it is proposed to  reduce  the  rate,  is  just  and  reasonable,  shall  be  upon  the  person,  corporation  or municipality  operating the utility, and the commission may give to  the  hearing  and  decision  of  such questions preference over all other questions pending  before it and decide the same as speedily as possible.