1. (1) The initial application of each ME seeking certification of such entity’s financial viability shall be set for hearing pursuant to notice issued by the PSC. Such hearings shall be subject to the provisions of subsection (14) of this rule.

   MEs shall bear the burden of proving to the satisfaction of the PSC during said hearings that such applicants are economically viable as required by the Code of Ala. 1975, §22-25B-1, et seq. and that such applicants are familiar with and will comply with the requirements of Code of Ala. 1975, §22-25B-1, et seq. as well as all related rules and regulations promulgated by the PSC. The PSC may also require in its discretion that the certification renewal applications required by 770-X-9-.04 herein be set for hearing with the applicants required to meet the same burden of proof established herein for MEs submitting applications under 770-X-9-.03 herein. The PSC will issue an order approving or denying any such application.

2. (2) Whenever a ME desires to put in operation a new rate or service regulation or to change any existing rate or service regulation, it shall file with the Commission a new schedule embodying the same, not less than 30 days prior to the time it desires to make the same effective; but the Commission may, upon application of the ME, prescribe a less time within which the same may be made effective. In the absence of suspension or disapproval by the Commission, as herein provided, the new rate or service regulation embodied in any such new schedule shall become effective at the time specified in such schedule, subject however to the power of the Commission at any time thereafter to take any action respecting the same authorized by these rules or Title 22, Chapter 25B, Code of Ala. 1975, as amended.
3. (3) Upon a complaint in writing made against any ME by any affected person or entity, that any rate, service regulation, classification, practice or service in effect or proposed to be made effective is in any respect unfair, unreasonable, unjust or inadequate, or unjustly discriminatory, or unduly preferential, or constitutes unfair competition, or that the service is inadequate or cannot be obtained, the Commission shall proceed, and without such complaint, the Commission, whenever it deems that the public interest so requires, may proceed, after notice as provided in this rule, to make such investigation as it may deem necessary or appropriate; but no order affecting such rates, service regulation, classification, practice, or service complained of shall be entered by the Commission without notice and a hearing. Any ME may make complaint as to any matter within the provisions of these rules with like effect as though made by any person or entity. However, when any such complaint in writing is filed, the same shall be set down for hearing within 90 days from the date of the filing thereof, which said hearing may be continued for an additional period not to exceed 90 days, unless the parties to said proceeding agree upon further continuance.
4. (4) To enable it to make such investigation as, in its opinion, the public interest requires, the Commission, in its discretion, for a period not exceeding six months may suspend the operation of any new schedule of rates or service regulations filed with the Commission. Unless as a result of its investigation the Commission otherwise orders before the termination of such period of six months, such rate or service regulation shall thereupon become effective. The Commission may make any order in the premises which it is authorized by statute or any of the provisions of this rule to make in any investigation or complaint or on its own motion without complaint.
5. (5) The Commission, by order, may require any ME or any officer or agent thereof to produce within the state, at such reasonable time and place as it may designate, any books, records, accounts or documents kept in any office or place without or within the state, or certified copies thereof, whenever the production thereof is reasonably required and pertinent to any matter under investigation before the Commission, in order that an examination thereof may be made by the Commission, or by any person employed by the Commission.
6. (6) The Commission shall examine and inspect, or cause to be examined and inspected, at reasonable times and in a reasonable manner, under its authority, the books, records, accounts, documents, plant, property and facilities of any ME, whether there is any proceeding by or against the ME then pending before the Commission or not. Every ME, its officers and agents shall make all its books, records, accounts and documents available at its principal office or place of business in this state, for examination and inspection by the Commission or its authorized representatives or employees, whenever the Commission may deem it in the public interest that such examination or inspection should be made. Every ME, its officers and agents shall make available all and every part of its plant, property and facilities for examination and inspection by the Commission or its authorized representatives or employees, whenever the Commission may deem it in the public interest that such examination or inspection should be made; and any person shall produce, when so required, his authority from the Commission to make such examination or inspection under the seal of the Commission.
7. (7) Complaint proceedings shall be commenced by filing formal complaints with the Secretary of the Commission which allege the manner in which the practices, service regulations, rate or rates, or order or orders complained of are invalid or unfair or unreasonable. Such complaints shall comply with the requirements specified in the PSC’s published Rules of Practice.
8. (8) Whenever the Commission shall determine to conduct an investigation either with or without complaint, as in this rule provided, it shall fix a time and place for public hearings of the matters under investigation.
9. (9) Before proceeding to make such investigation, the Commission shall give the ME and the complainant at least 10 days notice of the time and place when and where such matters will be considered and determined, and all parties shall be entitled to be heard, through themselves or their counsel, and shall have process to enforce the attendance of witnesses.
10. (10) Whenever the Commission shall make any order or determination, or issue any subpoena, notice or writ, notice thereof may be served on the person affected thereby by delivering a copy of such order, subpoena, notice or writ to any such person or an officer or agent of such person, if a corporation, as in the case of civil process, which service may be executed by any member of the Commission, the secretary or any employee thereof, or by any sheriff of the state, and a copy of such order, subpoena, notice or writ, with the service endorsed thereon, must be returned to the Commission and entered of record as a part of the proceedings.
11. (11) Every person, firm, corporation, co-partnership, association, or organization affected thereby may by petition intervene and become a party to any proceeding envisioned by these rules before the Commission.
12. (12) In any hearing, proceeding or investigation conducted under these rules by the Commission, any party may be heard in person or by attorney.
13. (13) At the hearing held pursuant to such notice, the Commission may take such testimony as may be offered, or as it may desire, and may make such other further investigation as in its opinion is desirable.
14. (14) The Commission, by appropriate order in any case, may appoint or designate a special examiner or one of the Commission to take evidence at such time and place as designated by the Commission in the order. The laws which now provide for the attendance of witnesses, the giving of testimony, the punishing for contempt, the production of evidence and the payment of witnesses at hearings before the Commission shall apply to and govern hearings and examinations conducted by such special examiner or Commissioner when acting under an order of the Commission. A transcript of the evidence, together with all the exhibits received at such hearings or examinations shall be promptly conveyed to and filed with the Secretary of the Commission for the consideration of the Commission in reaching its decision.
15. (15) Whenever, upon an investigation made under the provisions of these rules, the Commission shall find any existing rate or rates or any regulation or practice whatsoever or any service, unreasonable or unjustly discriminatory, or any service inadequate, it shall so determine and by order fix, to the extent that it is within its power to do so, a reasonable rate, fare, charge, or classification to be imposed, observed and followed in the future in lieu of that found to be unreasonable or unjustly discriminatory, or inadequate, as the case may be. All MEs to which the order applies shall make such changes in their schedule of rates, fares, charges or classifications as may be necessary to make the same conform to said order, where such order relates to rates, fares, charges or classification, and no change shall thereafter be made by any ME in such rates, fares, charges or classification, or joint rate or rates, or in the service or practice so ordered, without the approval of the Commission.
16. (16) Whenever, after investigation in accordance with the provisions of this title the Commission shall be of the opinion that any provision or requirement of these rules or any order of the Commission is being, has been, or is about to be violated, it may make and enter of record an order in the premises, specifying the actual or proposed acts or omission to act which constitute such real or proposed violation and requiring that such violation be discontinued or rectified, or both, or that it be prevented.

Author: Alabama Public Service Commission

Statutory Authority: Code of Ala. 1975, §22-25B-6.

History: Effective as Interim Rule: August 2009. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, §41-22-7. Filed with LRS May 15, 2014. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on May 15, 2014, pursuant to the Code of Ala. 1975, §41-22-7.