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Session Laws, 1961
Volume 654, Page 1143   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            1143

In determining reasonable rates of return, however, the Authority
shall not be bound by the provisions of Article 78 where this Article
has changed or enlarged upon the definition of reasonable rate of
return.

(d)   The Public Service Commission shall make available to the
Authority, and its agents and employees, for examination, inspection,
study, or reproduction, any and all records, papers, documents, data,
information, decisions, and any and all other material which the
Public Service Commission now has or hereafter may have in its
possession or control in connection with or relative to any mass trans-
portation system which has in the past or now is being operated and
maintained in the Area.

(e)   Any mass transportation system possessing a valid permit or
license to operate in the Area as of January 1, 1962, shall have the
right to continue to operate under such permit or license until the
same expires or is otherwise terminated.

(f)    All rules, regulations, orders, decisions, or other action
prescribed, issued, made, or taken by the Public Service Commission
and in force as of January 1, 1962, with respect to mass transporta-
tion systems subject to this Article, shall remain in effect, and be
enforceable under the provisions of, and in the manner specified by,
this Article according to their terms, as though they had been
prescribed, issued, made, or taken by the Authority pursuant to this
Article, unless and until otherwise provided by the Authority in the
exercise of its powers under this Article.
IF ANY CARRIER SUB-
JECT TO THE JURISDICTION OF THE AUTHORITY IS OPER-
ATING PURSUANT TO A "CLOSED DOOR" ORDER OF THE
PUBLIC SERVICE COMMISSION, THE AUTHORITY SHALL
NOT VACATE OR MODIFY SUCH ORDER FOR A PERIOD OF
TWO YEARS AFTER THE EFFECTIVE DATE OF THIS AR-
TICLE UNLESS CONCURRED IN BY ALL THE MEMBERS OF
THE AUTHORITY.

(g)  No suit, action, or other judicial proceeding commenced prior
to January 1, 1962, by or against the Public Service Commission, or
any officer of such commission in his official capacity or in relation
to his discharge of official duties, shall be affected by the enactment
of this Article, and the same shall be prosecuted and determined in
accordance with the law applicable at the time such proceeding was
commenced.

(h) To the extent that the Authority and the Public Service Com-
mission mutually determine such action to be necessary or appropriate
in the exercise of the powers and duties vested in or imposed upon
the Authority by this Article, the Authority shall continue and carry
to a conclusion any proceeding, hearing, or investigation which, as
of January 1, 1962, is pending before the Public Service Commission.
In the event the Authority assumes jurisdiction in any such case, it
shall be governed by the provisions of this Article and not by the
provisions of the law applicable at the time the proceedings were
instituted.

10. Additional regulatory powers.

(a) In addition to the regulatory powers hereinbefore set forth, the
Authority on and after January 1, 1962, may order and direct:


 

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Session Laws, 1961
Volume 654, Page 1143   View pdf image (33K)
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