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2844
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Ch. 696
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LAWS OF MARYLAND
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BY adding to
Article 78 — Public Service Commission Law
Section 69B
Annotated Code of Maryland
(1975 Replacement Volume and 1976 Supplement)
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BY repealing and reenacting, with amendments,
Article 78 — Public Service Commission Law
Section 70(b)
Annotated Code of Maryland
(1975 Replacement Volume and 1976 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 69B be and it is hereby added
to Article 78 - Public Service Commission Law, of the
Annotated Code of Maryland (1975 Replacement Volume and
1976 Supplement) to read as follows:
Article 78 — Public Service Commission Law
69B.
(A) UPON THE SUSPENSION OF A PROPOSED NEW RATE FOR
A GAS, ELECTRIC, OR TELEPHONE COMPANY WHICH IS BASED UPON
THE EXISTING AUTHORIZED FAIR RATE OF RETURN, THE
COMMISSION SHALL PROMPTLY INSTITUTE PROCEEDINGS TO
DETERMINE THE REVENUES REQUIRED TO PROVIDE THE COMPANY
THE OPPORTUNITY TO EARN THE EXISTING AUTHORIZED FAIR RATE
OF RETURN. THE COMMISSION SHALL SERVE EACH OF THE
PARTIES TO THE LAST PRECEDING CASE WITH A COPY OF THE
SUSPENSION ORDER AND SHALL ORDER THE APPLICANT TO HAVE
PUBLISHED A DISPLAY ADVERTISEMENT IN NEWSPAPERS OF
GENERAL CIRCULATION IN ITS SERVICE AREA ADVISING OF THE
PROPOSAL. THESE PROCEEDINGS SHALL ACCOUNT FOR REVENUES,
EXPENSES, AND RATE BASE IN A MANNER IDENTICAL TO THAT
EMPLOYED BY THE COMMISSION IN DETERMINING THE JUSTICE AND
REASONABLENESS OF RATES IN THE LAST PRECEDING BASE RATE
PROCEEDING, AND SHALL EXCLUDE CONSIDERATION OF ANY
INCREASE IN THE RATE OF RETURN, ANY ALTERATION IN THE
RATE STRUCTURE, OR AN ACCOUNTING APPROACH TO ANY ITEM
PERTAINING TO REVENUES, EXPENSES, OR RATE BASE
INCONSISTENT WITH THAT EMPLOYED BY THE COMMISSION IN
DETERMINING THE JUSTICE AND REASONABLENESS OF BATES IN
THE LAST PRECEDING BASE RATE PROCEEDING, EXCEPT THAT THE
COMMISSION MAY USE A MORE RECENT PAST TEST PERIOD. THE
COMMISSION SHALL ENTER A FINAL ORDER AS TO THE REVENUE
REQUIREMENT DETERMINED PURSUANT TO THIS SECTION WITHIN 90
DAYS OF THE FILING OF THE PROPOSED NEW RATE. THE FINAL
ORDER ENTERED SHALL AUTHORIZE A NEW RATE DISTRIBUTING ANY
CHANGE IN THE REVENUE REQUIREMENT PROPORTIONALLY AMONG
THE RATEPAYERS WITHOUT CHANGE IN THE RATE STRUCTURE.
(B) NOTHING IN THIS SECTION SHALL PRECLUDE THE
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