Court finds implied power to order refunds

Journal Article · Mon Feb 01 04:00:00 EST 1993 · Public Utilities Fortnightly; (United States)

OSTI ID:6674192

The Oregon Court of Appeals has ruled that the state Public Utility Commission may require refunds of excess revenues collected under temporary rates that are subsequently found illegal, and that such refunds do not violate the rule against retroactive ratemaking. The case involved a 1989 order directing Pacific Northwest Bell Telephone Co. to refund a $10 million over-collection to customers. The Commission had defended its authority to force refunds of interim rates. The appeals court rejected the Commission's rationale, but upheld the refund order. It explained that Pacific Northwest was not entitled to keep excess revenues collected under an interim rate schedule that did not comply with its authorized revenue level. One judge dissented.

• OSTI ID: 6674192
• Journal Information: Public Utilities Fortnightly; (United States), Journal Name: Public Utilities Fortnightly; (United States) Vol. 131:3; ISSN PUFNAV; ISSN 0033-3808
• Country of Publication: United States
• Language: English

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32 ENERGY CONSERVATION, CONSUMPTION, AND UTILIZATION
320603* -- Energy Conservation
Consumption
& Utilization-- Municipalities & Community Systems-- Public Utilities-- (1980-)
ADMINISTRATIVE PROCEDURES
APPEALS
COURTS
DEVELOPED COUNTRIES
INCOME
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NORTH AMERICA
OREGON
PRICING REGULATIONS
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USA