NY Pub Serv L § 85 (2021)
2021 New York Laws PBS - Public Service Article 4-A - Provisions Relating to Steam Corporations; Regulating Price of Steam. 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.