1310 - Temporary rates.

     § 1310.  Temporary rates.        (a)  General rule.--The commission may, in any proceeding     involving the rates of a public utility, except a proceeding     involving a general rate increase, brought either upon its own     motion or upon complaint, after reasonable notice and hearing,     if it be of opinion that the public interest so requires,     immediately fix, determine, and prescribe temporary rates to be     charged by such public utility, pending the final determination     of such rate proceeding. Such temporary rates, so fixed,     determined, and prescribed, shall be sufficient to provide a     return of not less than 5% upon the original cost, less accrued     depreciation, of the physical property, when first devoted to     public use, of such public utility, used and useful in the     public service, and if the duly verified reports of such public     utility to the commission do not show such original cost, less     accrued depreciation, of such property, the commission may     estimate such cost less depreciation and fix, determine, and     prescribe rates as hereinbefore provided.        (b)  Exception where records unavailable.--If any public     utility does not have continuing property records, kept in the     manner prescribed by the commission under the provisions of     section 1702 (relating to continuing property records), then the     commission, after reasonable notice and hearing, may establish     temporary rates which shall be sufficient to provide a return of     not less than an amount equal to the operating income for such     prior calendar, fiscal or other year as the commission may deem     proper, to be determined on the basis of data appearing in the     annual report of such public utility to the commission for such     prior year as the commission may deem proper, plus or minus such     return as the commission may prescribe from time to time upon     such net changes of the physical property as are reported to and     approved for rate-making purposes by the commission. In     determining the net changes of the physical property, the     commission may, in its discretion, deduct from gross additions     to such physical property the amount charged to operating     expenses for depreciation or, in lieu thereof, it may determine     such net changes by deducting retirements from the gross     additions. The commission, in determining the basis for     temporary rates, may make such adjustments in the annual report     data as may, in the judgment of the commission, be necessary and     proper.        (c)  Periodicity of rates.--The commission may fix,     determine, and prescribe temporary rates every month, or at any     other interval, if it be of opinion that the public interest so     requires, and the existence of proceedings begun for the purpose     of establishing final rates shall not prevent the commission     from changing every month, or at any other interval, such     temporary rates as it has previously fixed, determined, and     prescribed.        (d)  Excessive rates.--Whenever the commission, upon     examination of any annual or other report, or of any papers,     records, books, or documents, or of the property of any public     utility, shall be of opinion that any rates of such public     utility are producing a return in excess of a fair return upon     the fair value of the property of such public utility, used and     useful in its public service, the commission may, by order,     prescribe for a trial period of at least six months, which trial     period may be extended for one additional period of six months,     such temporary rates to be observed by such public utility as,     in the opinion of the commission, will produce a fair return     upon such fair value, and the rates so prescribed shall become     effective upon the date specified in the order of the     commission. Such rates, so prescribed, shall become permanent at     the end of such trial period, or extension thereof, unless at     any time during such trial period, or extension thereof, the     public utility involved shall complain to the commission that     the rates so prescribed are unjust or unreasonable. Upon such     complaint, the commission, after hearing, shall determine the     issues involved, and pending final determination the rates so     prescribed shall remain in effect.        (e)  Effect and adjustment of rates.--Temporary rates so     fixed, determined, and prescribed under this section shall be     effective until the final determination of the rate proceeding,     unless terminated sooner by the commission. In every proceeding     in which temporary rates are fixed, determined, and prescribed     under this section, the commission shall consider the effect of     such rates in fixing, determining, and prescribing rates to be     thereafter demanded or received by such public utility on final     determination of the rate proceeding.        Cross References.  Section 1310 is referred to in sections     1308, 1309 of this title.