§ 113. Reparations and refunds.
1.Whenever a public utility company,\non its own initiative, shall file with the commission a schedule stating\nan increased rate or charge, and the commission shall enter upon a\nhearing concerning the propriety of such increased rate or charge, the\ncommission shall by order require the interested company to keep\naccurate account during the pendency of the hearing, in detail, of all\namounts received by reason of such increase, or by reason of an increase\nreceived as a result of the establishment of temporary rates by the\ncommission specifying by whom and in whose behalf such amounts are paid,\nand upon completion of the hearing and decision shall, by order require\nthe interested company to refund or issue a credit in a manner\nprescribed by the com
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§ 113. Reparations and refunds. 1. Whenever a public utility company,\non its own initiative, shall file with the commission a schedule stating\nan increased rate or charge, and the commission shall enter upon a\nhearing concerning the propriety of such increased rate or charge, the\ncommission shall by order require the interested company to keep\naccurate account during the pendency of the hearing, in detail, of all\namounts received by reason of such increase, or by reason of an increase\nreceived as a result of the establishment of temporary rates by the\ncommission specifying by whom and in whose behalf such amounts are paid,\nand upon completion of the hearing and decision shall, by order require\nthe interested company to refund or issue a credit in a manner\nprescribed by the commission, with interest, on or before a day fixed in\nthe order, to the customers in whose behalf such amounts were paid to\nthe extent practicable and otherwise to the class of customers in whose\nbehalf such amounts were paid, such portion of such increased rates or\ncharges as by its decision shall be found not justified, provided,\nhowever, that the commission may waive such refund requirement where the\ncost of making such refund exceeds the total amount of such refund or\nupon a finding that requiring such refunds would impair the financial\nintegrity of the company. In the case of temporary rates, the commission\nmay by order authorize appropriate reparation to the company if such\ntemporary rates were found inadequate. If the corporation does not\ncomply with such order within the time limited therein, any person or\npersons for whose benefit such order was made may, within one year from\nthe date of the order but not after, bring action in a court of\ncompetent jurisdiction to recover the money to which he or they are\nentitled under said order. In any such action a copy of the order of the\ncommission duly certified shall be prima facie evidence of the facts set\nforth in the order. The commission after reasonable notice to the\ncompany interested may, by order, direct the company to issue and\ndeliver to shippers or consumers, tickets, printed slips or tokens\nspecifying the excess received by the company over rates existing prior\nto the filing of the schedule.\n 2. Whenever any public utility company or municipality, whose rates\nare subject to the jurisdiction of the commission, shall receive any\nrefund of amounts charged and collected from it by any source, the\ncommission shall have power after a hearing, upon its own motion, upon\ncomplaint or upon the application of such public utility company or\nmunicipality, to determine whether or not such refund should be passed\non, in whole or in part, to the consumers of such public utility company\nor municipality and to order such public utility company or municipality\nto pass such refunds on to its consumers, in the manner and to the\nextent determined just and reasonable by the commission.\n