Page:United States Statutes at Large Volume 49 Part 1.djvu/897

 852	74TH CONGRESS. SESS. I. CH. 687. AUGUST 26, 1935. chEfffective date of Commission, for good cause shown, may allow changes to take effect without requiring the thirty days' notice herein provided for by an order specif ying the change s so to be made and the time w hen they sha ll take effect and the manner in which they s hall be filed a nd pub lished. Hearings respecting "( e) Whenever any such n ew schedule is filed t he Commission l awfuln ess of new r ate, sh all h ave autho rity, eit her upon comp laint or upon its own i niti ative charge, etc . without complaint, at once, and, if it so orders, without answer or formal pleading by the public utility, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, charge, Suspension of opera- classification, or service ; and, pending such hearing and the decision tion of new rate, etc . thereon, the Commission, upon filing with such schedules and deliver- ing to the public utility affected thereby a statement in writing of i ts reaso ns for such sus pension , may su spend t he opera tion of such schedule and defer the use of such rate, charge, classification, or Period . service, but not for a longer period than five months beyond the time when it would otherwise go into effect ; and after full hearings, either completed before or after the rate, charge, classification, or service goes into effect, the Commission may make such orders with reference t hereto a s would be prop er in a proceed ing ini tiated a fter it had Accounts and become effective. If the proceeding has not been concluded and an refunds . order made at the expiration of such five months, the proposed change of rate, charge, classification, or service shall go into effect at the end of such period, but in case of a proposed increased rate or c harge, t he Comm ission m ay by o rder req uire th e intere sted pu blic utility or public utilities to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require such public utility or public utili ties to refund, with inte rest, to the persons in whose behalf such amounts were paid, such portion of such increased Burden of proof. rates or charges as by its decision shall be found not justified. At any hearing involving a rate or charge sought to be increased, the burden of proof to show that the increased rate or charge is just and reasonable shall be upon the public utility, and the Commission shall give to the hearing and decision of such questions preference over other questions pending before it and decide the same as speedily as possi ble. Fixing rates and a FIXING RATES AND CHARGES DETERMINATION OF COST OF PRODUCTION charges. Authority of Com- mission. Determinati on of cost of prod uction or tr ans- mic°ion, OR TRANSMISSION " SEC, 2 06 . ( a) Whenever the Commis sion, after a hearing had upon its own motion or upon complaint, shall find that any rate, . charge, or classification, demanded, observed, charged, or collected by an y public utilit y for an y trans mission or sale subject to the ju risdi ctio n of the Commi ssio n, or tha t any rul e, re gula tion, pra ctice , or contract affecting such rate, charge, or classification is unjust, unreasonable, unduly discriminatory or preferential, the Commission shall determine the just and reasonable rate, charge, classification, rule, regulation, practice, or contract to be thereafter observed and in force, and shall fix the same by order . "(b) The Commission upon its own motion, or upon the request of any State commission whenever it can do so without prejudice to the efficient and proper conduct of its affairs, may investigate and determine the cost of the production or transmission of electric energy by means of facilities under the jurisdiction of the Commis- sion in cases where the Commission has no authority to establish a rate governing the sale of such energy.