§ 39-1-32. Emergency powers of commission.
(a) Any general or public law notwithstanding, the commission, when it determines that
public safety so requires, or that failure to act immediately will result in irreparable
injury to the public interest, or that an emergency exists in the financial affairs
of a public utility which, if not met immediately, will interfere with the accommodations,
convenience, and welfare of the people, may issue an order effective immediately,
but for temporary duration, until formal notice be given and a hearing had of the
parties in interest.
(b) The superior court,
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§ 39-1-32. Emergency powers of commission.
(a) Any general or public law notwithstanding, the commission, when it determines that
public safety so requires, or that failure to act immediately will result in irreparable
injury to the public interest, or that an emergency exists in the financial affairs
of a public utility which, if not met immediately, will interfere with the accommodations,
convenience, and welfare of the people, may issue an order effective immediately,
but for temporary duration, until formal notice be given and a hearing had of the
parties in interest.
(b) The superior court, upon the filing of a complaint sworn to by two (2) or more commissioners
setting forth that a public utility has ceased, or that there is imminent danger of
a public utility ceasing to provide service to its customers, and that in their opinion
public safety requires that immediate action be taken to avoid irreparable injury
to the public welfare or safety, shall forthwith issue a citation to the company to
be served in such manner as the court shall direct, commanding the company to appear
before the court on a day and in a place to be mentioned in the citation, then and
there to show cause, if any it has, why a receiver of the company with all the powers
and rights of a receiver in equity should not be appointed. Within a time to be fixed
by the court, the receiver so appointed shall propose a plan for reorganization of
the company, which plan shall be fair and equitable to all creditors and stockholders
of the company, and protect the welfare and safety of the public. Upon the filing
of the plan, the court shall order a hearing on the plan at such time and subject
to such notice as may be provided in the order. At the hearing the court shall enter
such decree as may be appropriate.