The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-04-12
CHAPTER 1871.

AN ACT Amending Section rIffg Il
Chapter Fifty-five of the Revised
Statutes. Authorizing Comp I'm by
Utility against Itself. ard En-.
towering the Public Ctilitn s on
mission to Order Refund.
Be II enacted, etc:
Section /. Section nifty Of .u9ptr
hfty-nVe OF the revised statutes y
hereby amended 50 as to read as '9'
lows:
Section so. Any public utHN nay
make complaint as TO any ma i'r al.
charges. with like effect as hagsh
made by any ten persons, firms cor
porations or associations. And no
commission may authorize reparatQn
or adjustment where the utility @'
mits that a rate charged wa cHcet
slve or unreasonable. or colIe'lsa
through error, and It appears mat IN
ty has subsequently within ihitVl
days published the rate to which he
reduction Is authorized In place @l
the rate which is admitted TO be eI'
cessive or unreasonable: prov iase
however. that such new. rate SO pur
lished shall continue In force one
year unless sooner changed by The or
der or with the consent of the ron,
mission. Within six months after IN
rendering Of any service within IN
state of Maine by any public ni'liu.
for which service rate. toll or nary
is made by such utility. any persoa
Arm. corporation or ASSOCIATE az
grieved may complain to the 'ammt
sion that the rate, toll or charge d'
acted for such service Is UNJUST dt
criminatory against him. or II, eltns,,
because II In higher than that 'harfn
by the same utility for the same sefv,
cost rendered to other users ar con
sumers thereof or because the uHr .
ity has failed. without reasonaps
cause to make a more favorahle ta,.
toll or charge, published by II for U.
same or a similar service. a. alo's
said applicable to the said U.s., N
consumer. or to the class of users
consumers to which he or Il belong.
or at the place at which said 'er9s
In rendered. Within six months az
err an order has been made aHtNoIr.
ing reparation or adjustment under Y.
second sentence of this sectigo - >.
person. 1rm. corporation or ass%a
ton aggrieved may complain 70 ~
commission that he or 1t IL ,nu"ss
to reparation from the same uiltig III
reason of the payment OF the sn.
rates which said utility adm ~
excessive or unreasonable, or 9u nt.
ed through error; provided. gard l,s
miitted to make such reparatiog On \.
own petition. and, provided inr'n'.'
such person. Arm. corporation or
ISOLATION shall have made written
quest for such utility to file fs o's
petition for authority to MAKE sl..
reparation or adjustment no. *.
than thirty days before ming
aforesaid complaint. Upon receipt "
either of the afore said complains l IN
commission shall make such inNrsm a..
CATION as It deems necessary
termine whether hearing odgh,
be given thereon. II may ordei ,d.
hearing upon such notice TO said usn vi.
ity as II deems Just and reasoni asJoD
II, upon such hearing. the cominl.sSh,,,,
shall decide that the complain, a
herein mentioned. Il shall fnd "hs :,
sum said utility ought 10 refund =,
repay to said complainant on II eg.,
thereof. which said sum said IN
shall have the Night to refund IL
shall refuse or .Nglect to make sa .,,
fund within thirty days. the par"
aggrieved thereby may main'aln, \,
action in the courts of this say s.-,s
recover said amount. ind In the lie LIE.
thereof the findings OF this coui'' Il,
sion shall be prima facie eVtdeitV nd
the truth of the facts found by u, 'sl
no utility shall be permitted TO a Ian
Itself Of the defense OF such aot taS
that the service involved was h,
made on the published tariff ra,s nj,
force at the timo II was rendereu, M
no utility making q refund upon
order of the eSvnmission or pu Srsls
to Judgment the court as mnen,.
provided. shan y, tSsD's TOR any pt snf
~ or forfeiture. or subject ~
prosecution under the laws oil