454
. (a) Except as provided in Section 455, a public utility shall
not change any rate or so alter any classification, contract,
practice, or rule as to result in any new rate, except upon a showing
before the commission and a finding by the commission that the new
rate is justified. Whenever any electrical, gas, heat, telephone,
water, or sewer system corporation files an application to change any
rate, other than a change reflecting and passing through to
customers only new costs to the corporation which do not result in
changes in revenue allocation, for the services or commodities
furnished by it, the corporation shall furnish to its customers
affected by the proposed rate change notice of its application to the
commission for approval of the new rate. This notice requirement
does not apply to any rate change proposed by a corporation pursuant
to an advice letter submitted to the commission in accordance with
commission procedures for this means of submission. The procedures
for advice letters may include provision for notice to customers or
subscribers on a case-by-case basis, as determined by the commission.
The corporation may include the notice with the regular bill for
charges transmitted to the customers within 45 days if the
corporation operates on a 30-day billing cycle, or within 75 days if
the corporation operates on a 60-day billing cycle. If more than one
application to change any rate is filed within a single billing
cycle, the corporation may combine the notices into a single notice
if the applications are separately identified. The notice shall state
the amount of the proposed rate change expressed in both dollar and
percentage terms for the entire rate change as well as for each
customer classification, a brief statement of the reasons the change
is required or sought, and the mailing, and if available, the email
address of the commission to which any customer inquiries may be
directed regarding how to participate in, or receive further notices
regarding the date, time, or place of, any hearing on the
application, and the mailing address of the corporation to which any
customer inquiries relative to the proposed rate change may be
directed.
(b) For a water corporation with more than 2,000 service
connections, the notice required in subdivision (a) shall include
estimated rate impacts on the various customer classes of the
corporation. The commission may require the corporation to inform
customers in a separate letter or through a bill insert, at the
corporation's discretion, of the outcome of the general rate case,
within 60 days if the corporation operates on a 30-day billing cycle,
or within 90 days if the corporation operates on a 60-day billing
cycle, of the commission's final decision, including the approved
rates and the approved capital projects that will subsequently be
executed by way of an advice letter.
(c) The commission may adopt rules it considers reasonable and
proper for each class of public utility providing for the nature of
the showing required to be made in support of proposed rate changes,
the form and manner of the presentation of the showing, with or
without a hearing, and the procedure to be followed in the
consideration thereof. Rules applicable to common carriers may
provide for the publication and filing of any proposed rate change
together with a written showing in support thereof, giving notice of
the filing and showing in support thereof to the public, granting an
opportunity for protests thereto, and to the consideration of, and
action on, the showing and any protests filed thereto by the
commission, with or without hearing. However, the proposed rate
change does not become effective until it has been approved by the
commission.
(d) The commission shall permit individual public utility
customers and subscribers affected by a proposed rate change, and
organizations formed to represent their interests, to testify at any
hearing on the proposed rate change, except that the presiding
officer need not allow repetitive or irrelevant testimony and may
conduct the hearing in an efficient manner.