§ 49-05-14 — Stay on appeal - Suspending bond - Impounding excess charges

North Dakota § 49-05-14

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-05: Procedure on Regulation of Public Utilities

Text

In case the order or decision of the commission is stayed or suspended, the order of the
court shall not become effective until a suspending bond first shall have been executed and filed
with and approved by the district court, payable to the state of North Dakota, and sufficient in
amount and security to ensure the prompt payment, by the party appealing, of all damages
caused by the delay in the enforcement of the order or decision of the commission and of all the
moneys which any person, corporation, or limited liability company may be compelled to pay,
pending the appeal, for transportation, transmission, product, commodity, or service in excess of
the charges fixed by the order or decision of the commission, in case said order or decision is
sustained. The district court, in case it stays or suspends the order or decision of the
commission in any matter affecting rates, also by order shall direct the public utility affected to
pay into court, from time to time, there to be impounded until the final decision of the case, or
into some bank or trust company paying interest on deposits, under such conditions as the court
may prescribe, all sums of money which it may collect from any corporation, limited liability
company, or person in excess of the sum which such corporation, limited liability company, or
person would have been compelled to pay if the order or decision of the commission had not
been stayed or suspended. Upon a final determination of an appeal, the court shall make an
appropriate order disposing of the impounded funds in accordance with such determination. In
the event the public utility shall fail to comply with the conditions of the stay bond, the
commission may sue thereon for the use and benefit of the patrons or others who have suffered
damage by reason of the stay.