§ 89-e. Filing of approval for construction; approval of initial rate
schedules; certificate for parallel or duplicate lines. 1. No
water-works corporation shall begin construction of a water system or
extension thereof or exercise any rights or privileges under any
franchise hereafter granted, or under any franchise heretofore granted
but not heretofore actually exercised, or the exercise of which shall
have been suspended for more than one year, without first filing with
the public service commission a certified copy of the order, required by
law, of the department of environmental conservation approving the same.

2. No water-works corporation shall begin operation of a water system
or extension thereof, supply water or charge for service without first
filing with the commission, at least one hundred twenty days prior to
the date upon which service is to begin, a schedule of rates, charges,
rules, regulations and such further information as the commission may
require showing the basis for the corporation's determination of its
proposed rate. The commission shall have power to approve or disapprove
such proposed rate, or to condition an approval upon the corporation's
use of a specific method of cost apportionment, for both rate and
accounting purposes, among related enterprises or operations. The
commission shall take final action on the proposed schedule of rates
within two hundred forty days after it is filed or after information
required by the commission is furnished, whichever is later, provided
that within one hundred twenty days after the schedule is filed or
information received, whichever is later, the schedule of rates filed by
the corporation shall be allowed to become effective, either finally or
on a temporary basis, on such terms as may be imposed by the commission
in accordance with the procedures set forth in section one hundred
thirteen of this chapter. A water-works corporation shall provide notice
to the public of such proposed schedule of rates once in each week for
four successive weeks in a newspaper having general circulation in the
county or counties containing territory affected by the proposed
schedule of rates, which notice shall plainly state the proposed
schedule of rates. Publication must be completed prior to the effective
date of the proposed schedule of rates unless the commission shall
otherwise order. The commission may, for good cause shown, waive
publication of notice to the public under conditions it may prescribe.
If such corporation is affiliated with a developer that sells or
proposes to sell new homes that would receive service from the water
system, notice of the proposed schedule of rates shall be included with
other informational materials supplied to potential purchasers of such
homes.

3. No main or conduit of an existing water supply company shall be
paralleled or duplicated unless and until there shall have first been
obtained a certificate of convenience and necessity from the commission.