NY Pub Serv L § 89-J (2021)
2021 New York Laws PBS - Public Service Article 4-B - Provisions Relating to Water 89-J - Notice and Hearing; Order Fixing Price of Water or Requiring Improvement.

§ 89-j. Notice  and  hearing; order fixing price of water or requiring   improvement.  Before proceeding under a complaint presented as  provided   in  section  eighty-nine-i,  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 of its own motion as to any matter of which   complaint may be made, as provided  in  section  eighty-nine-i  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 just and reasonable prices, rates or charges for water 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  supply or distribution of water, 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. If it shall be   made to appear to the satisfaction of the  commission  that  the  public   interest  requires  a  change  in the price of water 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  four  of   section  eighty-nine-c  shall be the maximum price to be charged by such   person or corporation for water 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 the 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 water to be thereafter charged.    In   determining  the  price  to  be  charged  for  water  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, the burden   of proof to show that the change in rate or price  if  proposed  by  the   person  or corporation operating such utility, or that the existing rate   or price, if on motion of the commission or in a  complaint  filed  with   the  commission  it is proposed to reduce the rate or price, is just and   reasonable shall be  upon  the  person  or  corporation  operating  such   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.