[Previous] [Next] [Up] [Top]

Section IX-21: Supersedeas - Security - Accounts - Refunds - Precedence of appeals.

    Upon the giving of notice of appeal from an order of the
Corporation Commission, the Commission, if requested, shall suspend
the effectiveness of the order complained of until the final
disposition of the order appealed, and fix the amount of suspending
or supersedeas bond.  Such suspending or supersedeas bond shall be
approved and filed with the Corporation Commission (or approved, on
review, by the Supreme Court), and made payable to the State of
Oklahoma; provided, however, that in all cases involving orders of
the Corporation Commission affecting rates or charges, the suspending
or supersedeas bond must be sufficient in amount and security to
insure the prompt refunding, by the appealing party, to the parties
entitled thereto, of all rates or charges which such appealing party
may collect or receive, pending the appeal, in excess of those
authorized by the order appealed from, in event such order is, by
such court, affirmed on appeal.  The Corporation Commission, upon the
execution of such suspending or supersedeas bond, shall forthwith
require the appealing party, under penalty of immediate enforcement
(pending the appeal and notwithstanding any supersedeas), of the
order appealed from, to keep such accounts, and make to the
Corporation Commission, from time to time, such reports, verified by
oath, as may, in the judgment of the Corporation Commission, suffice
to show the amounts being charged or received by the appealing party,
pending the appeal, in excess of the charge allowed by the order or
action of the Corporation Commission appealed from, together with the
names and addresses of the persons to whom such overcharges may be
refundable, in case such charges made by the appealing party, pending
the appeal, be not sustained on such appeal; and the Corporation
Commission shall also, from time to time, require such appealing
party, under like penalty, to give additional security, or to
increase such suspending bond, whenever, in the opinion of the
Corporation Commission, the same may be necessary to secure the
prompt refunding of the overcharges aforesaid.  Upon the final
decision of the appeal, all amounts which the appealing party may
have collected, pending the appeal, in excess of that authorized by
such final decision, shall be promptly refunded by the appealing
party to the parties entitled thereto, in such manner and through
such method of distribution, as may be prescribed by the Corporation
Commission, or by law.  All such appeals, affecting the rates,
charges, practices, rules or regulations of any public utility, or of
any public service corporation, or any individual, person, firm,
corporation, receiver or trustee engaged in the public utility
business, shall have precedence upon the docket of the Supreme Court,
irrespective of its place of session, next after habeas corpus cases,
to the end that a plain, speedy and efficient remedy may be afforded
the parties to such appeals.



[Previous] [Next] [Up] [Top]