HARRY HUGHES, Governor

2481

Approved May 19, 1981.

CHAPTER 635

(House Bill 671)

AN ACT concerning

Public Service Commission - "Make-Whole" Proceeding

FOR the purpose of limiting "make-whole" proceedings to
certain gas, electric, and telephone companies;
providing that certain companies may not file a
"make-whole" proceeding more than a certain number of
years following the establishment of the existing fair
rate of return; requiring the Public Service Commission
to determine if further proceedings are necessary when
entering a final order establishing a new rate which is
based on the existing rate of return; allowing the
Commission to include in the determination a
requirement for refund subject to certain conditions;
providing for termination of the "make-whole" law after
a certain date; and allowing a certain amount of time
for further proceedings; providing that a proceeding,
subject to a certain exception, asking for a new rate
based on the existing fair rate of return may not be
held, if the proposed new rate is filed more than a
certain amount of time following the establishment of
the existing fair rate of return; clarifying language;
and generally relating to proposed new rates based on
the existing authorized fair rate of return.

BY repealing and reenacting, with amendments,

Article 78 - Public Service Commission Law

Section 69B

Annotated Code of Maryland

(1975 Replacement Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 78 - Public Service Commission Law

69B.

(A) THE PROVISIONS OF THIS SECTION APPLY ONLY TO GAS,
ELECTRIC, AND TELEPHONE COMPANIES WHOSE GROSS ANNUAL
REVENUES FOR THE MOST RECENT CALENDAR YEAR FOR WHICH DATA IS
AVAILABLE ARE LESS THAN 2 3 PERCENT OF THE TOTAL GROSS
ANNUAL REVENUES OF ALL PUBLIC SERVICE COMPANIES IN THE STATE
DURING THE SAME CALENDAR YEAR.