Section 455.3 Of Article 1. Rates From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 3. >> Article 1.
455.3
. (a) Notwithstanding any other provision of law, including,
but not limited to Section 454, no later than January 1, 1998, the
commission shall adopt rules and regulations that substantially
revise the manner in which oil pipeline corporations may change and
use rates.
(b) The revised rules and regulations shall adhere to the
following criteria:
(1) Pipeline corporations shall be required to give the commission
and all shippers no less than 30 days' notice of rate changes.
(2) After the 30-day notice of rate change, pipeline corporations
shall be permitted to change rates and use those rates prior to
commission approval.
(3) The commission shall have the authority to suspend a rate
change and use of the changed rate for a period of time not to exceed
30 days from expiration of the 30-day notice period specified in
paragraph (1).
(4) Pipeline corporations shall refund, with interest, any portion
of the rate change that is subsequently disallowed by the commission
to all shippers within 30 days of the commission's decision becoming
final. Interest shall accrue from the date the new rate is first
charged.
(5) Any increase in the shipping rate charged by an oil pipeline
corporation prior to commission approval shall not exceed 10 percent
per 12-month period. The commission shall determine the
appropriateness of allowing retroactive charge and collection of
subsequently approved rate increases above 10 percent.
(c) It is the intent of the Legislature that oil pipeline
corporations be permitted to use new rates after the period of the
suspension of a rate change, if any, by the commission pursuant to
paragraph (3) of subdivision (b) prior to commission approval,
provided any disallowed portion of the new rate is fully refunded
with interest.