1106

(a) In any proceeding involving the reasonableness of the rates of any public service company the Commission may, after giving to the parties concerned an adequate opportunity to be heard, in those cases where, in its judgment, such action is required for the public benefit, fix provisional rates which shall be put into effect by the public service company concerned, during the time necessary for the determination of the rates that must be finally authorized or prescribed. When in its judgment the conditions which prevail in an enterprise are such as to require immediate action, the Commission may waive the requisite of hearing, and make its findings in accordance with the information available.\n(b) The provisional rates thus prescribed shall be in effect until final resolution of the rate proceeding. If after the fixing of rates, the Commission or the court of review finds that the provisional rates fixed by the Commission are not just and reasonable it shall permit the public service company concerned to recover through a temporary increase on the definite rates, the sum representing the difference between the gross income obtained by reason of the temporary rates and the gross

e company concerned to recover through a temporary increase on the definite rates, the sum representing the difference between the gross income obtained by reason of the temporary rates and the gross income which would have been obtained had just and reasonable provisional rates been fixed.\nHistory —June 28, 1962, No. 109, p. 288, § 19; July 23, 1974, No. 196, Part 2, p. 78.