§ 80 — General powers of commission in respect to steam heating

§ 80. General powers of commission in respect to steam heating. The\ncommission shall: 1. Have general supervision of all steam corporations\nhaving authority under any general or special law or under any charter\nor franchise to lay down, regulate or maintain pipes, conduits, ducts or\nother fixtures in, over or under the streets, highways and public places\nof any municipality, for the purpose of furnishing or transmitting steam\nfor heat or power, and all plants leased or operated by any such\ncorporation.\n 2. Investigate and ascertain, from time to time, the methods employed\nby such persons and corporations in manufacturing, distributing and\nsupplying steam for heat or power and have power to order such\nreasonable improvements as will best promote the public interest,\npreserve the public health and protecting those using such steam and\nthose employed in the manufacture and distribution thereof, and have\npower to order reasonable improvements and extensions of the pipes,\nlines, conduits, ducts and other reasonable devices, apparatus and\nproperty of such corporation.\n 3. Have power, in its discretion, to prescribe uniform methods of\nkeeping account, records and books, to be observed by such corporation\nin the manufacture, sale and distribution of steam. It may also in its\ndiscretion prescribe, by order, forms of accounts, records and memoranda\nto be kept by such persons and corporations. Notice of alterations by\nthe commission in the required method or form of keeping a system of\naccounts shall be given to such persons or corporations by the\ncommission at least six months before the same shall take effect. Any\nother and additional forms of accounts, records and memoranda kept by\nsuch corporation shall be subject to examination by the commission.\n 4. Examine all persons and corporations under its supervision and keep\ninformed as to the methods, practices, regulations and property employed\nby them in the transaction of their business. The commission shall have\npower of its own motion to examine and investigate the plants and\nmethods employed in manufacturing, delivering and supplying steam and\nshall have access through its members or persons employed and authorized\nby it to make such examinations and investigations to all parts of the\nmanufacturing plants owned, used or operated for the manufacture,\ntransmission, distribution, furnishing or sale of steam for heat or\npower by any such person or corporation. Whenever the commission shall\nbe of the opinion, after hearing had upon its own motion or upon\ncomplaint, that the rates or charges or the acts or regulations of any\nsuch person or corporation, are unjust, unreasonable, unjustly\ndiscriminatory or unduly preferential or in any wise in violation of any\nprovision of law, the commission shall determine and prescribe in the\nmanner provided by and subject to the provisions of section eighty-five\nof this chapter the just and reasonable rates and charges thereafter to\nbe enforced for the service to be furnished, and the just and reasonable\nacts and regulations to be done and observed; and whenever the\ncommission shall be of opinion, after hearing had upon its own motion or\nupon complaint, that the property, equipment or appliances of any such\nperson or corporation are unsafe, inefficient or inadequate, the\ncommission shall determine and prescribe the safe, efficient and\nadequate property, equipment and appliances thereafter to be used,\nmaintained and operated for the security and accommodation of the public\nand in compliance with the provisions of law and of their franchises and\ncharters.\n 5. Require every person and corporation under its supervision and it\nshall be the duty of every such person and corporation to file with the\ncommission an annual report, verified by the oath of the president,\nvice-president, treasurer, secretary, general manager or receiver, if\nany, thereof, or by the person required to file the same. The\nverification shall be made by said officials holding office at the time\nof the filing of said report, and if not made upon the knowledge of the\nperson verifying the same shall set forth the sources of his information\nand the grounds of his belief as to any matters not stated to be\nverified upon his knowledge. The report shall show in detail:\n (a) The amount of its authorized capital stock and the amount thereof\nissued and outstanding; (b) the amount of its authorized bonded\nindebtedness and the amount of its bonds and other forms of evidence of\nindebtedness issued and outstanding; (c) its receipts and expenditures\nduring the preceding year; (d) the amount paid as dividends upon its\nstock and as interest upon its bonds; (e) the name of its officers and\nthe aggregate amount paid as salaries to them and the amount paid as\nwages to its employees; (f) the location of its plant or plants and\nsystem, with a full description of its property and franchises, stating\nin detail how each franchise stated to be owned was acquired; (g) such\nother facts pertaining to the operation and maintenance of the plant and\nsystem, and the affairs of such person or corporation as may be required\nby the commission. Such report shall be in the form, cover the period\nand be filed at the time prescribed by the commission. The commission\nmay from time to time make changes and additions in such forms. When any\nsuch report is defective or believed to be erroneous, the commission\nshall notify the person or corporation making such report to amend the\nsame within a time prescribed by the commission. Any such person or\ncorporation which shall neglect to make any such report or which shall\nfail to correct any such report within the time prescribed by the\ncommission shall be liable to a penalty of one hundred dollars and an\nadditional penalty of one hundred dollars for each day after the\nprescribed time for which it shall neglect to file and correct the same,\nto be sued for in the name of the people of the state of New York. The\namount recovered in any such action shall be paid into the state\ntreasury and be credited to the general fund. The commission may extend\nthe time prescribed for cause shown.\n 6. Have power, either through its members or inspectors or employees\nduly authorized by it, to enter in or upon and to inspect the property,\nbuildings, plants, power houses, ducts, conduits and offices of any such\ncorporation or person.\n 7. Have power to examine all accounts, books, contracts, records,\ndocuments and papers of any such person or corporation, and have power,\nafter a hearing, to prescribe by order all accounts in which particular\noutlays and receipts shall be entered, charged or credited. At any such\nhearing the burden of proof shall be on the person, corporation or\nmunicipality to establish the correctness of the accounts in which such\noutlays and receipts have been entered, and the commission may suspend a\ncharge or credit pending submission of proof by such person, corporation\nor municipality.\n 8. Have power to compel, by subpoena duces tecum, the production of\nany accounts, books, contracts, records, documents, memoranda and\npapers. In lieu of requiring production of originals by subpoena duces\ntecum the commission or any commissioner may require sworn copies of any\nsuch books, records, contracts, documents and papers, or parts thereof,\nto be filed with it. The commission may require of all such\ncorporations, persons or municipalities, specific answers to questions\nupon which the commission may need information, and may also require\nsuch corporations, persons or municipalities to file periodic reports in\nthe form, covering the period and filed at the time prescribed by the\ncommission. If such corporation, person or municipality shall fail to\nmake specific answer to any question or shall fail to make a periodic\nreport when required by the commission as herein provided within the\ntime and in the form prescribed by the commission for the making and\nfiling of any such report or answer, such corporation, person or the\nofficer of the municipality shall forfeit to the state the sum of one\nhundred dollars for each and every day it shall continue to be in\ndefault with respect to such report or answer. Such forfeiture shall be\nrecovered in an action brought by the commission in the name of the\npeople of the state of New York. The amount recovered in any such action\nshall be paid into the state treasury and be credited to the general\nfund.\n 9. Have power in all parts of the state, either as a commission or\nthrough its members or through an officer or employee specially\nauthorized to conduct an investigation or hearing, to subpoena\nwitnesses, take testimony and administer oaths to witnesses in any\nproceeding or examination instituted before it, or conducted by it in\nreference to any matter within its jurisdiction under this article.\n 10. (a) Have power to require every steam corporation, person or\nmunicipality, hereinafter in this subdivision called a utility, to file\nwith the commission and to print and keep open to public inspection\nschedules showing all rates and charges made, established or enforced or\nto be charged or enforced, all forms of contract or agreement and all\nrules and regulations relating to rates, charges or service used or to\nbe used, and all general privileges and facilities granted or allowed by\nsuch utility; but this subdivision shall not apply to state, municipal\nor federal contracts.\n (b) No change shall be made in any rate or charge, or in any form of\ncontract or agreement or any rule or regulation relating to any rate,\ncharge or service, or in any general privilege or facility, which shall\nhave been filed or published by a utility in compliance with an order of\nthe commission, except after thirty days' notice to the commission and\nto each county, city, town and village served by such utility, which had\nfiled with such utility, within the prior twelve months, a request for\nsuch notice and which shall be affected by such change and the\npublication for thirty days as required by order of the commission,\nwhich shall plainly state the changes proposed to be made and when the\nchange will go into effect. The commission for good cause shown may,\nexcept in the case of major changes, allow changes to take effect prior\nto the end of such thirty-day period and without publication of notice\nto the public under such conditions as it may prescribe. The commission\nmay delegate to the secretary of the commission its authority to approve\na change to a schedule postponing the effective date of such schedule\npreviously filed with the commission and to allow for good cause shown\nthe postponement to take effect prior to the end of such thirty-day\nperiod and without publication of notice to the public.\n (c) For the purpose of this subdivision, "major changes" shall mean an\nincrease in the rates and charges which would increase the aggregate\nrevenues of the applicant more than the greater of three hundred\nthousand dollars or two and one-half percent, but shall not include\nchanges in rates, charges or rentals allowed to go into effect by the\ncommission or made by the utility pursuant to an order of the commission\nafter hearings held upon notice to the public.\n (d) No utility shall charge, demand, collect or receive a greater or\nless or different compensation for any service rendered or to be\nrendered than the rates and charges specified in its schedule filed and\nin effect; nor shall any utility refund or remit in any manner or by any\ndevice any portion of the rates or charges so specified, nor extend to\nany person any form of contract or agreement, or any rule or regulation,\nor any privilege or facility, except such as are regularly and uniformly\nextended to all persons under like circumstances.\n (e) The commission shall have power to prescribe the form of every\nsuch schedule, and from time to time prescribe by order such changes in\nthe form thereof as may be deemed wise. The commission shall also have\npower to establish such rules and regulations to carry into effect this\nsubdivision as it may deem necessary, and to modify or amend such rules\nor regulations from time to time.\n (f) Whenever there shall be filed with the commission by any utility\nany schedule stating a new rate or charge, or any change in any form of\ncontract or agreement or any rule or regulation relating to any rate,\ncharge or service, or in any general privilege or facility, the\ncommission may, at any time within sixty days from the date when such\nschedule would or has become effective, either upon complaint or upon\nits own initiative, and, if it so orders, without answer or other formal\npleading by the utility, but upon reasonable notice, hold a hearing\nconcerning the propriety of a change proposed by the filing. If such\nchange is a major change, the commission shall hold such a hearing.\nPending such hearing and decision thereon the commission, upon filing\nwith such schedule and delivering to the utility, a statement in writing\nof its reasons therefor, may suspend the operation of such schedule, but\nnot for a longer period than one hundred and twenty days beyond the time\nwhen it would otherwise go into effect. After full hearing, whether\ncompleted before or after the schedule goes into effect, the commission\nmay make such order in reference thereto as would be proper in a\nproceeding begun after the rate, charge, form of contract or agreement,\nrule, regulation, service, general privilege or facility had become\neffective. If such hearing cannot be concluded within the period of\nsuspension as above stated, the commission may extend the suspension for\na further period not exceeding six months.\n (g) The commission may, as authorized by section eighty-five of this\narticle, establish temporary rates or charges for any period of\nsuspension under this section. At any hearing involving a rate or\ncharge, the burden of proof to show that the change in rate or charge,\nor proposed change in rate or charge if proposed by the utility, or that\nthe existing rate or charge, if it is proposed to reduce the rate or\ncharge, is just and reasonable shall be upon the utility; and the\ncommission may give to the hearing and decision of such questions\npreference over all other questions pending before it. The schedule,\nrates, charges, form of contract or agreement, rule, regulation,\nservice, general privilege or facility in force when the new schedule,\nrate, charge, form of contract, rule, regulation, service, general\nprivilege or facility was filed shall continue in force during the\nperiod of the suspension unless the commission shall establish a\ntemporary rate or charge as authorized by section eighty-five of this\narticle.\n 11. In case any steam corporation is engaged in carrying on any\nbusiness other than owning, operating or managing a steam plant, which\nother business is not otherwise subject to the jurisdiction of the\ncommission, and is so conducted that its operations are to be\nsubstantially kept separate and apart from the owning, operating,\nmanaging or controlling of such steam plant, said corporation in respect\nof such other business shall not be subject to any of the provisions of\nthis chapter and shall not be required to procure the assent or\nauthorization of the commission to any act in such other business or to\nmake any report in respect thereof. But this subdivision shall not\nrestrict or limit the powers of the commission in respect to the owning,\noperating, managing or controlling by such corporation of such steam\nplant, and said powers shall include also the right to inquire as to,\nand prescribe the apportionment of, capitalization, earnings, debts and\nexpenses fairly and justly to be awarded to or borne by the ownership,\noperation, management or control of such steam plant as distinguished\nfrom such other business. In any such case if the owning, operating,\nmanaging or controlling of such steam plant by any such corporation is\nwholly subsidiary and incidental to the other business carried on by it\nand is inconsiderable in amount and not general in its character, the\ncommission may by general rules exempt such corporation from making full\nreports and from the keeping of accounts as to such subsidiary and\nincidental business.\n 12. Notwithstanding any other provision of law to the contrary,\nwhenever a city having a population of one million or more provides for\na deduction from gross receipts of a steam corporation, pursuant to a\nlocal law authorized by the provisions of subdivision (k) of section\ntwelve hundred one of the tax law, the rate or charge imposed by any\nsuch corporation within such city upon non-residential users of steam\neligible to receive a rebate in accordance with a local law or laws\nadopted pursuant to article two-G of the general city law shall be set\nby the commission so as to reflect fully the decrease in tax liability\nattributable to such deduction.\n