2482

LAWS OF MARYLAND

Ch. 635

[(a)] (B) 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
if additional revenues are 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 rates 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:

(1)   [authorize] AUTHORIZE a new rate
distributing any change in the revenue requirement
proportionally among the ratepayers without change in the
rate structure[.]; AND

(2)  INCLUDE A DETERMINATION AS TO WHETHER OR NOT
FURTHER PROCEEDINGS SHALL BE HELD. IF THE COMMISSION IN THE
FINAL ORDER UNDER THIS SUBSECTION DETERMINES THAT FURTHER
PROCEEDINGS SHALL BE HELD UNDER SUBSECTION (B) (C) OF THIS
SECTION, THE FINAL ORDER MAY PROVIDE FOR REFUNDS CONSISTENT
WITH THE PROVISIONS OF § 70(C) OF THIS ARTICLE OF ANY
DIFFERENCE BETWEEN THE NEW RATE AUTHORIZED UNDER THIS
SUBSECTION AND THE RATE ESTABLISHED BY THE COMMISSION UNDER
SUBSECTION (B) (C) OF THIS SECTION.

[(b)] (C) [Nothing] IF THE COMMISSION DETERMINES UNDER
SUBSECTION (A) OF THIS SECTION THAT FURTHER PROCEEDINGS
SHALL BE HELD, NOTHING in this section shall preclude the
Commission from modifying after a hearing the rate
structure, lowering the authorized fair rate of return, or
modifying the accounting approach to any item pertaining to
revenues, expenses, or rate base[,] WITHIN 120 DAYS
following entry of [an order pursuant to this section, and
within the remaining period of suspension authorized by §
70(b) of this article] A FINAL ORDER UNDER SUBSECTION (A) OF
THIS SECTION.

[(c)] (D) The provisions of this section may not apply
to any proposed new rate filed less than one year following