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.