Ch. 317

LAWS OF MARYLAND

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 3 percent of the total gross annual revenues of all
public service companies in the State during the same calendar
year.

(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 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 (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 (c) of this
section.

(c)  If the Commission determines under subsection (b) 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

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