N.Y. Public Service Law § 113: Reparations and refunds

§ 113. Reparations and refunds. 1. Whenever a public utility company,

on its own initiative, shall file with the commission a schedule stating

an increased rate or charge, and the commission shall enter upon a

hearing concerning the propriety of such increased rate or charge, the

commission shall by order require the interested company to keep

accurate account during the pendency of the hearing, in detail, of all

amounts received by reason of such increase, or by reason of an increase

received as a result of the establishment of temporary rates by the

commission specifying by whom and in whose behalf such amounts are paid,

and upon completion of the hearing and decision shall, by order require

the interested company to refund or issue a credit in a manner

prescribed by the commission, with interest, on or before a day fixed in

the order, to the customers in whose behalf such amounts were paid to

the extent practicable and otherwise to the class of customers in whose

behalf such amounts were paid, such portion of such increased rates or

charges as by its decision shall be found not justified, provided,

however, that the commission may waive such refund requirement where the

cost of making such refund exceeds the total amount of such refund or

upon a finding that requiring such refunds would impair the financial

integrity of the company. In the case of temporary rates, the commission

may by order authorize appropriate reparation to the company if such

temporary rates were found inadequate. If the corporation does not

comply with such order within the time limited therein, any person or

persons for whose benefit such order was made may, within one year from

the date of the order but not after, bring action in a court of

competent jurisdiction to recover the money to which he or they are

entitled under said order. In any such action a copy of the order of the

commission duly certified shall be prima facie evidence of the facts set

forth in the order. The commission after reasonable notice to the

company interested may, by order, direct the company to issue and

deliver to shippers or consumers, tickets, printed slips or tokens

specifying the excess received by the company over rates existing prior

to the filing of the schedule.

2. Whenever any public utility company or municipality, whose rates

are subject to the jurisdiction of the commission, shall receive any

refund of amounts charged and collected from it by any source, the

commission shall have power after a hearing, upon its own motion, upon

complaint or upon the application of such public utility company or

municipality, to determine whether or not such refund should be passed

on, in whole or in part, to the consumers of such public utility company

or municipality and to order such public utility company or municipality

to pass such refunds on to its consumers, in the manner and to the

extent determined just and reasonable by the commission.