2019 -- S 1026

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LC002866

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - REGULATORY POWERS OF

ADMINISTRATION

     

     Introduced By: Senator Mark P. McKenney

     Date Introduced: June 26, 2019

     Referred To: Placed on Senate Calendar

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 39-3-10 of the General Laws in Chapter 39-3 entitled "Regulatory

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Powers of Administration" is hereby amended to read as follows:

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     39-3-10. Filing and availability of rate schedules.

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     (a) Every public utility shall file with the public utilities administrator within a time to be

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fixed by the administrator, schedules which shall be open to public inspection, showing all rates,

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tolls, and charges which it has established and which are in force at the time for any service

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performed by it within the state, or for any service in connection therewith or performed by any

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public utility controlled or operated by it. A copy of so much of the schedules as the administrator

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shall deem necessary for the use of the public shall be printed in plain type, or typewritten, and

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kept on file in every station or office of the public utility where payments are made by the

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consumers or users, open to the public in such form and place as to be readily accessible and

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conveniently inspected, and as the administrator may order. The administrator may determine and

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prescribe the form in which the schedules, required by this section to be kept open to the public

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inspection, shall be prepared and arranged, provided, that with respect to public utilities subject to

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the federal Interstate Commerce Act, 49 U.S.C. ยง 501 et seq., so-called, the form of the schedules

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shall be that as from time to time prescribed by the interstate commerce commission.

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     (b) Notwithstanding the foregoing paragraph, subsection (a) herein, a public utility may

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post on its website the rates, tolls and charges of any retail telecommunications service performed

 

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by it within the state for any business customers. The foregoing paragraph, subsection (a) herein,

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shall not apply to any service so posted, and such public utility shall not be required to file with

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the public utilities administrator or publish any schedule or tariff for such service. The public

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utility shall electronically notify the commission and the public utilities administrator on the same

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business day of posting any change in rates and terms or conditions for a retail service posted

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under this section and not subject to subsection (a) of this section unless the division exempts a

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public utility from such notice obligation. Upon written notice to the public utilities administrator,

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the public utility may withdraw any schedule or tariff previously filed with the administrator for

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any service so posted.

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     (c) Nothing in subsection (b) herein or in subdivision 39-2-5(12) shall derogate from the

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statutory authority of the commission or of the division, including, but not limited to, the

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authority to protect ratepayers from unreasonable rates. Nor shall anything in subsection (b)

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herein or in subdivision 39-2-5(12) derogate from the common law or statutory authority of the

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attorney general, including, but not limited to, the authority to enforce consumer protection or

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unfair or deceptive trade practice statutes and regulations.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - REGULATORY POWERS OF

ADMINISTRATION

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     This act would provide that public utilities which post any rate or condition change for

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retail service shall send electronic notice the same day to the PUC and administrator.

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     This act would take effect upon passage.

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