CHAPTER
306
PUBLIC UTILITIES COMMISSION |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Establishment of Commission. |
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|
|
Expenses and surplus funds of the Commission. |
Power to require measures to be taken. |
Power to require returns. |
|
|
Tariffs, filing and inspection. |
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|
Application by controlled public utility to fix
rates. |
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Rates fixed on complaint. |
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Burden of proof on rate inquiry. |
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Summary redress for consumers. |
|
|
Appraisal of powers of Commission. |
Designation of additional controlled public
utilities. |
FIRST SCHEDULE. |
SECOND SCHEDULE. |
THIRD SCHEDULE - Summons to Witness. |
CHAPTER 306 |
PUBLIC UTILITIES
COMMISSION |
An Act to
establish a Public Utilities Commission. | 20 of 1993
5 of 2000 |
[Assent 30th July,
1993]
[Commencement 1st March, 2000] |
1. This Act may be cited as the Public Utilities
Commission Act, 1993. | Short title. |
2. In this Act- | Interpretation. |
"chairman"
means the chairman of the Commission; |
"Commission"
means the Public Utilities Commission established by section 3; |
"controlled
public utility" means without prejudice to section 25 any person or company
(including the lessee, trustee, receiver, or liquidator of such person or
company) who provides a utility service to the public or who owns or operates
equipment or facilities for- |
(a) the
production, generation, storage, transmission, sale, delivery, furnishing or
supplying, directly or indirectly to or for the public, of electricity; |
(b) the
provision of a service consisting of emitting, transmitting, conveying,
switching or receiving messages within, into or from The Bahamas by means of
any system that uses any electric electro-magnetic, electro-optical or
optic-electronic means; |
(c) the supply
of water or the provision of sewerage facilities through a system of pipes
connected to households directly or indirectly in any area of a community; and |
(d) the sale,
distribution or supply of propane gas, but shall not include any person or
company not otherwise a public utility who furnishes the service or commodity
only to himself, his employees, tenants or guests, when such service or
commodity is not resold to or used by others |
"Minister"
means the Prime Minister; |
"rate"
includes every rate, fare, toll, charge, rental or other compensation
whatsoever of any public utility, and every rule, regulation, practice,
measurement, classification or contract of the public utility relating thereto; |
"service"
includes the accommodation afforded consumers, and any product or commodity
furnished or supplied by a public utility, and the plant, equipment, apparatus,
appliances, property and facilities employed by or in connection with any
public utility in performing any service or in furnishing or supplying and
product or commodity and devoted to the purposes in which the public utility is
engaged and to the use and accommodation of the public; |
"unjust"
and "unreasonable" as applied to rates shall be construed to include
respectively injustice and unreasonableness, whether arising from the fact that
rates are excessive as being more than a fair and reasonable charge for service
of the nature and quality furnished by the public utility, or from the fact
that rates are insufficient to yield fair compensation for the service rendered
or arising in any other manner. |
(2) References in
this Act to services rendered by a controlled public utility shall be deemed to
include references to any commodity supplied by that utility in rendering such
services. |
3. There shall be established for the purposes of this
Act a body to be called the Public Utilities Commission. | Establishment of Commission. |
(2) The provisions
of the
First Schedule shall have effect as to the constitution of the Commission and
otherwise in relation thereto. |
4. [i]*
(1) The duties of
the Commission shall be- | Functions of Commission. |
(a) to ensure
that the services rendered by a utility undertaking operated by a controlled
public utility (hereinafter referred to as "utility services") are
satisfactory and that the charges imposed in respect of those services are
reasonable; |
(b) to promote
the interest of consumers, whilst enabling service providers that operate
efficiently to finance the provision of utility services; |
(c) to publish
information, reports and other documents relating to the utility services; |
(d) to promote
effective competition consistently and in accordance with any policy
established by the Government for that sector. |
(2) For the
purposes of subsection (1), notwithstanding anything to the contrary in any
law, the Commission shall have all the powers provided for under this Act
including the power- |
(a) to enquire
into the nature and extent of utility services and to determine in accordance
with the provisions of this Act the standards which must be maintained in
relation to such services; |
(b) to
determine in accordance with the provisions of this Act the rates which may be
charged in respect of utility services; |
(c) to do
anything incidental to or conducive to the performance of its functions or
duties under this Act. |
(3)
Notwithstanding any other law the functions of the Commission in relation to
any utility service shall commence only on such date as the Minister may by
Notice in the Gazette appoint. |
5. [ii]*
The Commission may
upon its own motion or upon complaint by any person hold a public inquiry into
the operations of any utility undertaking operated by a controlled public
utility. | Power to hold inquiry. |
(2) The provisions
of the
Second Schedule shall apply to every public inquiry conducted the Commission. |
6. The Commission may from time to time appoint or
engage experts or persons having technical or special knowledge necessary for
the purpose of assisting the Commission to carry out its functions under this
Act or any other Act. | Appointment of experts. |
7. [iii]*
(1) Each year the Commission shall prepare a budget, including the budgeted
cost relating to each class of utility service that is subject to regulation by
the Commission.(2) The budget
shall be subject to the approval of the Minister and the Minister may take into
account the overall level of the budget and the apportionment between the
classes of the utility services. | Expenses and surplus funds of the Commission. |
(3) The Commission
may levy fees on a provider of a class of utility services, to defray the
budgeted costs and expenses of the Commission allocable to such utility
services. |
(4) The Minister
may direct the Commission to recover additional amounts as may be provided for
under the Telecommunications Act or any other Act. |
(5) Any money
standing to the credit of the Commission and not required for current purposes
("surplus funds") may, with the consent of the Minister, be carried
to a reserve fund. The Minister may direct that all or any part of the surplus
funds (whether or not in a reserve fund) be paid into the Consolidated Fund. |
(6) Subject to
subsection (5) the Commission may determine the management of any reserve fund
but no part of the reserve fund shall be applied otherwise than for the
purposes of the Commission. |
(7) Any costs and
expenses of the Commission not recovered by the fees levied shall be charged
upon and paid out of the Consolidated Fund. |
8. [iv]*
(1) Where it appears that a controlled public utility is not fulfilling its
obligations under the law by which it is established or licensed the
Commission, if so satisfied after a public inquiry in accordance with the
provisions of this Act, may by order published in the Gazette require
the public utility within the time specified in the order to take such remedial
measures as may be so specified.(2)
The Commission may impose a fine of ten thousand dollars on any controlled
public utility which fails to comply with the requirements of an order by the
Commission. | Power to require measures to be taken. |
9. [v]*
(1) The Commission may require any controlled public utility to furnish such
information or submit such returns at such intervals as the Commission may
require in relation to the operations of such public utility.(2)
The Commission may impose a fine of ten thousand dollars on any controlled
public utility which fails to comply with any requirement made pursuant to
subsection (1). | Power to require returns. |
10.[vi]*
Where the Commission imposes a fine under section 8(2) and section 9(2) that
fine shall be recoverable in the same manner as a fine imposed by a court of
law. | Recovery of fine. |
11. [vii]*
(1) Subject to subsection (2) the Commission may either after a hearing upon
its own motion or upon application made by a controlled public utility (whether
pursuant to subsection (1) of section 15 or not) or by any person, by order
published in the Gazette prescribe the rates to be charged by a
controlled public utility in respect of its utility services.(2) The Commission
shall not make an order under subsection (1) until after conducting a public
inquiry in accordance with the provisions of this Act. | Power to fix rates. |
12. [viii]*
(1) Every controlled public utility shall file with the Commission,
within such time and in such form as the Commission may prescribe, tariffs
showing all rates established by it and shall keep copies of such tariffs open
to public inspection.(2) The rates
specified in such tariffs shall be the authorised rates of such controlled
public utility until changed as provided in this Act. | Tariffs, filing and inspection. |
13. [ix]*
No controlled public utility shall directly or indirectly demand or receive a
rate for any service rendered other than that specified in the tariffs of such
public utility applicable thereto and filed in a manner prescribed under this
Act. | Adherence to tariffs. |
14. [x]*
No controlled public utility shall supply or furnish to any person any
service at rates which are unduly preferential or discriminatory. | Discrimination in rates. |
15. [xi]*
(1) An application may be made to the Commission by a controlled
public utility by way of a proposed tariff specifying the rates which the
public utility proposes should be charged in respect of its utility services
and the date (not being earlier than the expiration of sixty days after the
making of the application) on which it is proposed that such rates should come
into force (hereinafter referred to as the specified date).(2) Where an
application by way of a proposed tariff is made under subsection (1) notice of
such application and, if so required by the Commission, a copy of such tariff
shall be published in the Gazette and in such other manner as the
Commission may require. | Application by controlled public utility to fix rates. |
(3) A notice under
subsection (2) shall specify in conformity with the Second Schedule the time
within which objections may be made to the Commission in respect of the
proposed tariff to which the notice relates. |
(4) Subject to the
provisions of this Act, the Commission shall, after the expiration of the time
specified pursuant to subsection (3) in the notice proceed to hold a public
inquiry. |
(5) An order
confirming a proposed tariff shall not bring into operation any rates on a date
prior to the date of such order. |
(6) No controlled
public utility shall after the coming into operation of this Act make any
change in any existing and duly established rate unless that rate has been
changed by an order of the Commission pursuant to the provisions of this Act. |
16. [xii]*
Where the law under which a controlled public utility is established contains
provisions in relation to the returns or profits to be received by such public
utility in respect of the operations of such public utility, the Commission
shall endeavour in prescribing the rates under this Act to give effect to such
provisions. | Limit to rates. |
17. [xiii]*
(1) Whenever the Commission, after a public inquiry upon its own
motion or upon complaint, finds that the existing rates of any controlled
public utility for any service are unfair or unreasonable or contrary to law,
the Commission shall determine the fair and reasonable rates (including maximum
or minimum rates) to be thereafter observed and shall fix the same by order to
be served on the controlled public utility and such rates shall constitute the
legal rates of the controlled public utility until changed as provided in this
Act.(2) Where a
controlled public utility does not itself produce or generate that which it
distributes, transmits or supplies to the public but obtains the same from
another source, the Commission shall have the power and authority to
investigate the cost of such production or generation in any investigation of
the reasonableness of the rates of such controlled public utility. | Rates fixed on complaint. |
18. [xiv]*
(1) The Commission may, in any proceeding involving the rates of a
controlled public utility brought either upon its own application or upon
complaint, if it is of the opinion that the public interest so requires,
immediately fix, determine and prescribe temporary rates to be charged by such
public utility pending the final determination of such rate inquiry.(2) Whenever the
Commission, upon examination of any annual or other report or of any papers,
records, books or documents or of the property of any controlled public
utility, is of the opinion that any rates of such public utility are producing
a return in excess of a fair return upon the fair value of the property of such
public utility, used and useful in its public service, the Commission may, by
order, prescribe for a trial period not exceeding six months such temporary
rates to be observed by such public utility as, in the opinion of the
Commission, will produce a fair return upon such fair value, and the rates so
prescribed shall become effective upon the date specified in the order of the
Commission and so shall become permanent at the end of such trial period,
unless at any time during such trial period the public utility involved
complains to the Commission that the rates so prescribed are unfair and
unreasonable. | Temporary rates. |
(3) Temporary
rates so fixed, determined and prescribed under this section shall be effective
until the final determination of the rate inquiry, unless terminated sooner by
the Commission. |
(4) Where the
rates as finally determined are in excess of the rates existing prior to the
filing with the Commission by a controlled public utility of a tariff stating a
new rate under subsection (2) of section 15 or of the rates prescribed in such
temporary order, then the public utility shall be permitted to amortize and
recover, by means of a temporary increase in the rates finally determined, the
sum which represents the difference between the gross income actually received
by the public utility during the period commencing with the date on which under
the notice given to the Commission the new rate was to have come into effect
and ending on the date on which the rate finally determined became effective
and the gross income which would have been received during the same period if
the rates finally determined had been in effect. |
19. [xv]*
In any proceeding upon the motion of the Commission involving any proposed or
existing rate of any controlled public utility, or in any proceeding upon
complaint or upon application by a public utility involving any proposed
increase in rates, the burden of proof to show that the rate involved is fair
and reasonable shall be upon the public utility. | Burden of proof on rate inquiry. |
20. [xvi]*
(1) A controlled public utility which fails to comply with any
requirement made of it under, or contravenes any of the provisions of, section
12, 13, 14 or 15(6) shall be guilty of an offence and liable on summary
conviction to a fine of ten thousand dollars and in the
case of a continuing offence to a further fine of one thousand dollars for each
day on which the offence continues.(2) Where a body
corporate is guilty of an offence under this Act every director, secretary and
officer of that body corporate who is knowingly a party to the act or omission
which constitutes that offence shall be guilty of a like offence and liable to
a like penalty. | Offences. |
21. [xvii]*
(1) A person may appeal to the Commission against any decision made
by a controlled public utility upon a claim by the person for reimbursement of
loss not exceeding three thousand dollars alleged to have been suffered by that
person by reason of any act or omission done or defect in the service rendered
or article supplied by the utility to the person.(2) The appeal
shall be submitted in writing by the consumer to the Commission within 14 days
of the receipt of the relevant decision. | Summary redress for consumers. |
(3) The Commission
shall as soon as practicable proceed to hear in public the appeal under this
section at the appointed time and place of which the relevant parties have been
given no less than seven days prior written notice and may when necessary
adjourn the hearing of the appeal from time to time. |
(4) The decision
of the Commission upon any appeal under this section shall be reduced to
writing and a copy made available to the parties to the appeal. |
(5) Subject to
section 22, the decision of the Commission may be sued upon in a court of
summary jurisdiction and any findings of fact made by the Commission shall be prima
facie evidence of that fact for the purpose of those proceedings. |
22. [xviii]*
(1) An appeal shall lie to the Supreme Court from any order made by
the Commission under this Act at the instance of- | Appeals. |
(a) the person
who owns or operates the controlled public utility affected by the order; |
(b) any person
who had lodged an objection to a proposal of that utility and which was the
subject matter of that order, |
upon a point
of law or on the ground that the order was unreasonable in the light of the
evidence adduced at such proceedings. |
(2) Upon an appeal
the Supreme Court may- |
(a) dismiss the
appeal; or |
|
(i) in
relation to a point of law give such directions as the Court thinks fit; |
(ii) in
any other case remit the matter to the Commission for rehearing generally or
for such further proceedings by the Commission as the Court thinks fit, |
and may make
such order as to costs (including costs in the proceedings before the
Commission) as the Court thinks fit and may also make such other order as it
thinks fit, including, in relation to an appeal from an order by the Commission
prescribing the rates to be charged by a controlled public utility, an order
that the rates which may be charged by that public utility shall be the rates
in force immediately before the making of such order by the Commission, but,
subject to any such order by the Supreme Court the rates prescribed by every
order by the Commission against which an appeal is brought shall, in the event
of a rehearing being ordered on such appeal, remain in force unless and until
they are varied by any order by the Commission upon such rehearing. |
23. [xix]*
(1) The Minister may after consultation
with the Commission make regulations prescribing anything which may be or is
required to be prescribed under this Act or imposing on a controlled public
utility obligations in relation to the supply of information to the Commission
and members of the public of the rates payable in respect of its utility
services.(2) Regulations
made under subsection (1) may constitute any breach of those Regulations as a
summary offence punishable by imprisonment for a term not exceeding one year or
by a fine not exceeding one thousand dollars or by both such imprisonment and
fine. | Regulations. |
24. [xx]*
The powers vested in the Commission by this Act shall apply notwithstanding
that the subject matter in respect of which the powers are exercisable is the
subject matter of any Act or agreement and shall apply in respect of rates and
service, whether fixed by or the subject of any Act or agreement or otherwise
and, where the rates and service are fixed by or are the subject of an
agreement, shall apply whether the agreement is incorporated in or ratified or
made binding by any general or special Act or otherwise. | Appraisal of powers of Commission. |
25. The Governor-General may by Order having regard to
the objectives of this Act designate any undertaking by reference to a
particular name or class as a controlled public utility to which this Act
applies. | Designation of additional controlled public utilities. |
FIRST SCHEDULE (Section 3) |
1. (1)
The Commission shall consist of not less than three and not more than five
persons to be appointed by the Governor-General on the advice of the Prime
Minister after consultation with the Leader of the Opposition.(2)
Such persons shall appear to the Prime Minister to be qualified as having had
experience of, and shown capacity in, matters relating to industry, finance,
economics, engineering, accounting, commerce, law, management or development
and planning. | Appointment of Commission. |
2. (1) A
person shall not be qualified for appointment as a member of the Commission
who- | Disqualification for membership of Commission. |
(a) is a member
of either Houses of Parliament or the holder of any office of emolument under
the Crown; |
(b) holds or is
interested in any stock, share, bond, debenture or other security of, or is
otherwise interested in, any controlled public utility or any other company
which is in competition with, or provides similar services to those supplied by
a controlled public utility. |
(2) The office of
a member of the Commission shall become vacant if any circumstances arise that,
if he were not a member of the Commission, would cause him to be disqualified
for appointment as such by virtue of subparagraph (1). |
3. (1) The
appointment of a member of the Commission shall, subject to the provisions of
this Schedule, be for a period of not more than five years
and such member shall be eligible for reappointment. | Tenure of office. |
(2) The
Governor-General may at any time revoke the appointment of any member of the
Commission if in the opinion of the Governor-General the member is guilty of neglect
of duty, misconduct or malfeasance. |
4. (1) The
Governor-General shall appoint one of the members of the Commission to be
chairman thereof and in the case of the absence or inability to act of the
chairman, may appoint any other member of the Commission to perform the
functions of the chairman. | Chairman. |
(2) In the case of
the absence or inability to act, at any meeting, of the chairman, the remaining
members of the Commission may elect one of their number to preside at that
meeting. |
5. (1) Any
member of the Commission other than the chairman may at any time resign his
office by instrument in writing addressed to the Governor-General and
transmitted through the chairman and from the date of receipt by the Governor-General
of such instrument such member shall cease to be a member of the Commission. | Resignations. |
(2) The chairman
may at any time resign his office by instrument in writing addressed to the
Governor-General and such resignation shall take effect as from the date of the
receipt of such instrument by the Governor-General. |
6. The
names of all members of the Commission as first constituted and every change of
the membership thereof shall be published in the Gazette. | Publications of membership. |
7. (1) The
Commission shall be a body corporate having perpetual succession and a common
seal and with power to acquire, hold and dispose of land and other property of
whatever kind. | Incorporation. |
(2) The seal of
the Commission shall be authenticated by the signatures of the chairman or one
member of the Commission authorized to act in that behalf and the secretary of
the Commission and shall be judicially noticed. |
(3) All documents,
other than those required by law to be under seal, made by, and all decisions
of, the Commission may be signified under the hand of the chairman or any
member authorized to act in that behalf or the secretary of the Commission. |
(4) The Commission
may sue and be sued in its corporate name and may for all purposes be described
by that name. |
8. (1) The
Commission shall meet at such times as may be necessary or expedient for the
transaction of business and such meetings shall be held at such places and
times and on such days as the Commission shall determine. | Procedure and meetings. |
(2) The chairman
may at any time call a special meeting of the Commission and shall call a
special meeting to be held within seven days of a written request for that
purpose addressed to him by any member of the Commission. |
(3) The chairman
or, in the absence or inability to act of the chairman, the person elected in
accordance with the provisions of subparagraph (2) of paragraph 4 shall preside
at the meetings of the Commission and when so presiding the chairman, or the
person elected as aforesaid as the case may be, shall have an original and a
casting vote. |
(4) The quorum of
the Commission shall be such number as the Commission may fix from time to
time, not being less than one-half of the total members of the Commission. |
(5) Subject to the
provisions of this Act the Commission may regulate its own proceedings. |
(6) The validity
of any proceedings of the Commission shall not be affected by any vacancy
amongst the members thereof or by any defect in the appointment of a member
thereof. |
9. The
remuneration of the chairman and members of the Commission shall be determined
by the Governor-General on the advice of the Prime Minister and after
consultation with the Leader of the Opposition. | Remuneration of members. |
10. The
funds of the Commission shall consist of such moneys as may from time to time
be placed at its disposal for the purposes of this Act by Parliament and such
other moneys as may lawfully be paid to the Commission under this Act
or any other Act in relation to particular classes of utility services. | Funds of the Commission. |
11. (1)
The Commission shall appoint and employ at such remuneration and on such terms
and conditions as it thinks fit an executive director and a secretary and such
other officers and servants as it thinks necessary for the proper carrying out
of its functions.(2)
An appointment of an executive director shall be made after consultation with
the Minister. | Power to appoint officers, agent. |
(3)
The Commission may, after consultation with the Minister remove the executive
director at any time on the grounds of misconduct, inefficiency or other cause. |
(4)
The executive director shall be the chief executive officer of the Commission
reporting to the chairman and shall have responsibility for- |
(a) the
day-to-day administration of the affairs of the Commission; and |
(b) the
provision of the technical advice and guidance in the execution of the
functions of the Commission. |
12. A
member of the Commission (including any assessor or expert attached to the
Commission) who is interested in any company or undertaking which is an
interested party in any proceedings before the Commission affecting a
controlled public utility shall disclose to the Commission the fact and nature
of his interest and shall not take part in any deliberation or any decision of
the Commission relating to such matter, and such a disclosure shall forthwith
be recorded in the records of the Commission. | Disclosure of interest. |
13. (1) The
Commission shall keep proper accounts and other records in relation to the
business of the Commission and shall prepare annually a statement of accounts
in a form satisfactory to the Minister, being a form which shall conform with
the best commercial standards. | Accounts and audit |
(2) The accounts
of the Commission shall be audited by an auditor or auditors appointed annually
by the Commission and approved by the Minister. |
(3) Within four
months after the end of each financial year or within such further time as may
in special circumstances be allowed by the Minister, the Commission shall send
the statement of its accounts referred to in subparagraph (1) to the Minister,
together with a copy of any report made by the auditor on that statement or on
the accounts of the Commission. |
(4) The auditor's
fees and any expenses of the audit shall be paid by the Commission. |
(5) The
Auditor-General shall be entitled, on the direction of the Governor-General, at
all reasonable times to examine the accounts and other records in relation to
the business of the Commission. |
14. (1) The
Commission shall, within three months after the end of each financial year or
within such further time as may in special circumstances be allowed by the
Governor-General, cause to be made and transmitted to the Governor-General and
the Minister a report dealing generally with the activities of the Commission
during that financial year. | Annual report. |
(2) The Minister
shall cause a copy of the report together with the annual statement of accounts
and the auditor's report thereon and on the accounts to be laid on the table of
the House of Assembly and of the Senate. |
(3) Copies of the
Commission's report together with the annual statement of accounts and the
auditor's report on that statement and on the accounts of the Commission shall
be published in such manner as the Minister may direct and shall be made
available to the public by the Commission at a reasonable price. |
15. (1) No
action, suit, prosecution or other proceedings shall be brought or instituted
personally against any member of the Commission in respect of any act done bona
fide in pursuance or execution or intended execution of this Act
or the Telecommunications Act. | Protection of members. |
(2) Where any
member of the Commission is exempt from liability by reason only of the
provisions of this paragraph, the Commission shall be liable to the extent that
it would be if the said member was a servant or
agent of the Commission. |
SECOND SCHEDULE (Section 5) |
1. (1)
Subject to the provisions of this Act, the Commission shall for the purpose of
the performance of its functions under this Act have the powers of a justice of
the Supreme Court to- | Powers of Commission. Inquiry to be public. |
(a) summon and compel
the attendance of witnesses; |
(b) call for
production of documents or things including the power to retain and examine the
same; |
(c) examine
witnesses and parties concerned on oath, which oath the chairman or secretary
of the Commission is hereby empowered to administer, |
and a
summons in the form set out in the Third Schedule signed by the chairman may,
with such modifications and adaptations as may be necessary, be substituted for
and shall be equivalent to, and for the purposes of any law have the same
effect as, in any formal proceedings in the Supreme Court for summoning or
enforcing the attendance of witnesses and compelling the production of
documents or things. |
(2) Any person
who- |
(a) without
sufficient cause fails or refuses to attend before the Commission in obedience
to a summons under this paragraph or fails or refuses to produce any paper,
book, record or document which he was required by such summons to produce; or |
(b) being a
witness leaves the Commission without the permission of the Commission; or |
(c) being a
witness, refuses without sufficient cause to answer any question put to him by
or with the permission of the Commission; or |
(d) wilfully
obstructs or interrupts the proceedings of the Commission, |
shall be
liable on summary conviction to a fine not exceeding five hundred dollars or in
default of payment thereof to imprisonment for a period not exceeding six
months. |
2. An
inquiry or other hearing before the Commission shall be open to the public, and
minutes thereof, including a summary of the evidence given and a statement of
all facts taken into consideration shall be kept by the chairman, and on
application therefor copies thereof shall upon payment of the prescribed fee be
furnished to all interested parties. | Representation. |
3. An
interested party may be represented before the Commission by a Counsel and
Attorney of the Supreme Court and may call such witnesses as he may think
necessary. | Notice of inquiry |
4. Where
the Commission proposes to hold a public inquiry (not being proceedings under
section 21), it shall cause to be published in the Gazette and at
intervals of not less than three days in two issues of a daily newspaper
printed and circulating in The Bahamas, notice of such intention stating the
purpose for which the inquiry is to held and that representations with respect
to the subject matter of the inquiry may be lodged with the Commission within
fifteen clear days after the last of the publications required by this
paragraph and otherwise in the manner specified in the notice. | Notification of findings. |
5. As soon
as may be after the conclusion of a public inquiry the Commission shall cause to
be served on any controlled public utility affected and on any person who was a
party to the proceedings at the inquiry a copy of the findings of the
Commission and and of any order made by the Commission on such inquiry as well
as, in the case of an order prescribing or approving rates, a detailed
statement of the reasons considered by the Commission to justify its decision. | Service of findings, etc. |
THIRD SCHEDULE |
SUMMONS TO WITNESS |
TO A.B.
(name of person summoned, and his calling and address). |
You are
hereby summoned to appear before the Public Utility Commission to inquire
(state briefly the subject of inquiry) at (place) upon the
......................... day of ....................................... 19
..... at ................. o'clock and give evidence respecting such inquiry;
(if person summoned is to produce any documents, add) and you are required to
bring with you (specify the documents required). |
Given under the
hand of the Chairman of the Public Utility Commission this ...................
day of ......................... 19 ..... |
.........................................................
Chairman |