Title 46, Chapter 2, Section 71
( 46-2-71)
(a) Subject to subsection (b) of this Code section, the commission
shall have the power and authority to allocate any utility service
in such manner as it deems proper in order to protect the public
health, safety, or welfare, including for such purposes the power
and authority to alter, amend, suspend, or terminate any existing
rate, schedule, contract, rule, or regulation affecting such utility
service and to prescribe new or additional rates, schedules,
contracts, rules, or regulations affecting such utility service,
provided that in any event such rates, schedules, contracts, rules,
or regulations as are altered, amended, or prescribed by the
commission shall be just and reasonable. (b) Before the commission may exercise the power and authority
granted by subsection (a) of this Code section, it must: (1) Find, after a hearing respecting the manner, if any, in which
the commission should exercise such power and authority, as well
as the necessity therefor, such hearing to be initiated by the
commission on its own motion or by any person and to be preceded
by notice to the persons affected, that there exists a shortage in
the quantities of such utility service available in this state or
in any portion of the state, or that such a shortage is imminent,
and that it is necessary for the commission to exercise such power
and authority in order to protect the public health, safety, or
welfare; or (2) Find that an emergency exists with respect to the quantities
of such utility service available in this state or in any portion
of the state, and that it is necessary for the commission to
exercise such power and authority in order to protect the public
health, safety, or welfare before notice and hearing can be
afforded to the persons affected; provided, however, that the
directives, rulings, and orders of the commission respecting such
utility service based upon a finding that an emergency exists
pursuant to this paragraph shall be temporary and provisional and
the commission shall, as soon as practicable under the
circumstances, afford notice and hearing to the persons affected
as to whether such directives, rulings, or orders of the
commission shall be continued, modified, made permanent, or
otherwise affected. |