§ 225. Rate schedules
(a) Within a time to be fixed by the Commission, each company subject to the provisions
of this chapter shall file with the Department, with separate filings to the Directors
for Regulated Utility Planning and Public Advocacy, schedules that shall be open to
public inspection, showing all rates, including joint rates, for any service performed
or any product furnished by it within the State, and as part of it shall file the
rules that in any manner affect the tolls or rates charged or to be charged for any
such service or product. Those schedules, or summaries of the schedules approved by
the Department, shall be published by the company in two newspapers with general circulation
in the State within 15 days after such filing. A change shall not be made in any such
schedules, including schedules of joint rates or in any of the rules, except upon
45 days’ notice to the Commission and to the Department of Public Service, and notice
to parties affected by the schedules as the Commission shall direct. The Commission
shall consider the Department’s recommendation and take action pursuant to sections
226 and 227 of this subchapter before the date on which the changed rate is to become
effective. All changes shall be plainly indicated upon existing schedules, or by filing
new schedules in lieu thereof 45 days prior to the time the same are to take effect.
Subject only to temporary increases, rates may not be raised without strictly complying
with the notice and filing requirements set forth in this section. In no event may
a company amend, supplement, or alter an existing filing or substantially revise the
proof in support of such filing in order to increase, decrease, or substantiate a
pending rate request, unless, upon opportunity for hearing, the company demonstrates
that a change in filing or proof is necessary for the purpose of providing adequate
and efficient service. However, upon application of any company subject to the provisions
of this chapter, and with the consent of the Department of Public Service, the Commission
may for good cause shown prescribe a shorter time within which such change may be
made, but a change that in effect decreases such tolls or rates may be made upon five
days’ notice to the Commission and the Department of Public Service and notice to
parties affected as the Commission shall direct.
(b) Immediately upon receipt of notice of a change in a rate schedule filed by a company,
the Department shall investigate the justness and reasonableness of that change. Within
30 days following receipt of this notice, the Department shall either report to the
Commission the results of its investigations together with its recommendation for
acceptance of the change, or it shall notify the Commission and other parties that
it opposes the change. If the Department of Public Service reports its acceptance
of the change in rates, the Commission may accept the change, or it may on its own
motion conduct an investigation into the justness and reasonableness of the change,
or it may order the Department to appear before it to justify its recommendation to
accept the change. In no event shall a change go into effect without the approval
of the Commission, except when a rate change is suspended and temporary or permanent
rates are allowed to go into effect pursuant to subsection 226(a) or 227(a) of this
subchapter. The Commission shall consider the Department’s recommendation and take
action pursuant to sections 226 and 227 of this subchapter within 45 days following
receipt of notice of a change in a rate schedule. In the event that the Department
opposes the change, the Commission shall hear evidence on the matter and issue any
orders as justice and law require. In any hearing on a change in rates, whether or
not opposed by the Department, the Commission may request the appearance of the Attorney
General or appoint a member of the Vermont bar to represent the public or the State. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263, § 2, eff. July 31, 1961; 1979, No. 204 (Adj. Sess.), § 28, eff. Feb. 1, 1981; 1981, No. 226 (Adj. Sess.), §§ 1, 2, eff. May 6, 1982; 1985, No. 224 (Adj. Sess.), § 8; 1999, No. 157 (Adj. Sess.), § 8; 2019, No. 31, § 18; 2023, No. 85 (Adj. Sess.), § 373, eff. July 1, 2024.)