Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-9 - WASTEWATER MANAGEMENT ENTITY RULES › Section 770-X-9-.10 - Administrative Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
					initial application of each wastewater management entity seeking certification
					of such entity's financial viability shall be set for hearing pursuant to
					notice issued by the PSC. Such hearings shall be subject to the provisions of
					subsection (N) of this rule.
Wastewater Management Entity applicants shall bear the burden
						of proving to the satisfaction of the PSC during said hearings that such
						applicants are economically viable as required by the
Code
						of Ala.
1975
, §
									22-25B-1,
et seq.
and that such applicants are familiar with and will
						comply with the requirements of
Code of Ala.
1975
, §
									22-25B-1,
et seq.
as well as all implementing rules and regulations
						related thereto which have been or will be promulgated by the PSC. The PSC may
						also require in its discretion that the certification renewal applications
						required by Rule WW-4 herein be set for hearing with the applicants required to
						meet the same burden of proof established herein for wastewater management
						entities submitting applications under Rule WW-3 herein. The PSC will issue an
						order approving or denying any such application.
(2) Whenever a wastewater management entity
					desires to put in operation a new rate or service regulation or to change any
					existing rate or service regulation, it shall file with the Commission a new
					schedule embodying the same, not less than 3 0 days prior to the time it
					desires to make the same effective; but the Commission may, upon application of
					the wastewater management entity, prescribe a less time within which the same
					may be made effective. In the absence of suspension or disapproval by the
					Commission, as herein provided, the new rate or service regulation embodied in
					any such new schedule shall become effective at the time specified in such
					schedule, subject however to the power of the Commission at any time thereafter
					to take any action respecting the same authorized by these rules or Title 22,
					Chapter 2 5B,
Code of Ala.
197 5
, as amended.
(3) Upon a complaint in writing made against
					any wastewater management entity by any mercantile, agricultural or
					manufacturing society, or by any body politic or municipal organization, or by
					any affected person, that any rate, service regulation, classification,
					practice or service in effect or proposed to be made effective is in any
					respect unfair, unreasonable, unjust or inadequate, or unjustly discriminatory,
					or unduly preferential, or constitutes unfair competition, or that the service
					is inadequate or cannot be obtained, the Commission shall proceed, and without
					such complaint, the Commission, whenever it deems that the public interest so
					requires, may proceed, after notice as provided in this rule, to make such
					investigation as it may deem necessary or appropriate; but no order affecting
					such rates, service regulation, classification, practice, or service complained
					of shall be entered by the Commission without notice and a hearing. Any utility
					may make complaint as to any matter within the provisions of these rules with
					like effect as though made by any mercantile, agricultural or manufacturing
					society, body politic or municipal organization, or other person. However, when
					any such complaint in writing is filed, the same shall be set down for hearing
					within 90 days from the date of the filing thereof, which said hearing may be
					continued for an additional period not to exceed 90 days, unless the parties to
					said proceeding agree upon further continuance.
(4) To enable it to make such investigation
					as, in its opinion, the public interest requires, the Commission, in its
					discretion, for a period not exceeding six months may suspend the operation of
					any new schedule of rates or service regulations filed with the Commission.
					Unless as a result of its investigation the Commission otherwise orders before
					the termination of such period of six months, such rate or service regulation
					shall thereupon become effective. The Commission may make any order in the
					premises which it is authorized by statute or any of the provisions of this
					rule to make in any investigation or complaint or on its own motion without
					complaint.
(5) The Commission, by
					order, may require any utility or any officer or agent thereof to produce
					within the state, at such reasonable time and place as it may designate, any
					books, records, accounts or documents kept in any office or place without or
					within the state, or certified copies thereof, whenever the production thereof
					is reasonably required and pertinent to any matter under investigation before
					the Commission, in order that an examination thereof may be made by the
					Commission, or by any person employed by the Commission.
(6) The Commission shall examine and inspect,
					or cause to be examined and inspected, at reasonable times and in a reasonable
					manner, under its authority, the books, records, accounts, documents, plant,
					property and facilities of any Wastewater Management Entity, whether there is
					any proceeding by or against the utility then pending before the Commission or
					not. Every wastewater management entity, its officers and agents shall make all
					its books, records, accounts and documents available at its principal office or
					place of business in this state, for examination and inspection by the
					Commission or its authorized representatives or employees, whenever the
					Commission may deem it in the public interest that such examination or
					inspection should be made. Every wastewater management entity, its officers and
					agents shall make available all and every part of its plant, property and
					facilities for examination and inspection by the Commission or its authorized
					representatives or employees, whenever the Commission may deem it in the public
					interest that such examination or inspection should be made; and any person
					shall produce, when so required, his authority from the Commission to make such
					examination or inspection under the seal of the Commission.
(7) Complaint proceedings shall be commenced
					by filing formal complaints with the Secretary of the Public Service Commission
					which allege the manner in which the practices, service regulations, rate or
					rates, or order or orders complained of are invalid or unfair or unreasonable.
					Such complaints shall comply with the requirements specified in the PSC's
					published Rules of Practice.
(8)
					Whenever the Commission shall determine to conduct an investigation either with
					or without complaint, as in this rule provided, it shall fix a time and place
					for public hearings of the matters under investigation.
(9) Before proceeding to make such
					investigation, the Commission shall give the wastewater management entity and
					the complainant at least 10 days' notice of the time and place when and where
					such matters will be considered and determined, and all parties shall be
					entitled to be heard, through themselves or their counsel, and shall have
					process to enforce the attendance of witnesses.
(10) Whenever the Commission shall make any
					order or determination, or issue any subpoena, notice or writ, notice thereof
					may be served on the person affected thereby by delivering a copy of such
					order, subpoena, notice or writ, signed by or in the name of the chairman of
					the Commission, to any such person or an officer or agent of such person, if a
					corporation, as in the case of civil process, which service may be executed by
					any member of the Commission, the secretary or any employee thereof, or by any
					sheriff of the state, and a copy of such order, subpoena, notice or writ, with
					the service endorsed thereon, must be returned to the Commission and entered of
					record as a part of the proceedings, and such endorsement and return shall be
					prima facie evidence that such order, subpoena, notice or writ has been duly
					served.
(11) Every person, firm,
					corporation, co-partnership, association, or organization affected thereby may
					by petition intervene and become a party to any proceeding envisioned by these
					rules before the Commission.
(12)
					In any hearing, proceeding or investigation conducted under these rules by the
					Commission, any party may be heard in person or by attorney.
(13) At the hearing held pursuant to such
					notice, the Commission may take such testimony as may be offered, or as it may
					desire, and may make such other further investigation as in its opinion is
					desirable.
(14) The Commission, by
					appropriate order in any case, may appoint or designate a special examiner or
					one of the Commission to take evidence at such time and place as designated by
					the Commission in the order. The laws which now provide for the attendance of
					witnesses, the giving of testimony, the punishing for contempt, the production
					of evidence and the payment of witnesses at hearings before the Commission
					shall apply to and govern hearings and examinations conducted by such special
					examiner or Commissioner when acting under an order of the Commission. A
					transcript of the evidence, together with all the exhibits received at such
					hearings or examinations shall be promptly conveyed to and filed with the
					Secretary of the Commission for the consideration of the Commission in reaching
					its decision.
(15) Whenever, upon
					an investigation made under the provisions of this title, the Commission shall
					find any existing rate or rates or any regulation or practice whatsoever or any
					service, unreasonable or unjustly discriminatory, or any service inadequate, it
					shall so determine and by order fix, to the extent that it is within its power
					to do so, a reasonable rate, fare, charge, classification or joint rate as
					between like carriers, to be imposed, observed and followed in the future in
					lieu of that found to be unreasonable or unjustly discriminatory, or
					inadequate, as the case may be. All wastewater management entities to which the
					order applies shall make such changes in their schedule of rates, fares,
					charges or classifications as may be necessary to make the same conform to said
					order, where such order relates to rates, fares, charges or classification, and
					no change shall thereafter be made by any utility in such rates, fares, charges
					or classification, or joint rate or rates, or in the service or practice so
					ordered, without the approval of the Commission.
(16) Whenever, after investigation in
					accordance with the provisions of this title the Commission shall be of the
					opinion that any provision or requirement of these rules or any order of the
					Commission is being, has been, or is about to be violated, it may make and
					enter of record an order in the premises, specifying the actual or proposed
					acts or omission to act which constitute such real or proposed violation and
					requiring that such violation be discontinued or rectified, or both, or that it
					be prevented.
(17) All rates,
					fares, charges, classifications and joint rates and orders establishing rules,
					regulations, practices or services fixed by the Commission shall be in force
					and shall be deemed prima facie reasonable and valid in any court wherein the
					reasonableness or validity thereof is properly drawn in question, and the
					burden shall be upon the party attacking said rates or orders to show that same
					are invalid or unfair and unreasonable.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975,
§22-2 5B-6.