21.04.010 Jurisdiction and Powers of Commission
(a) General Jurisdiction of the Commission over Utilities. The general jurisdiction of the Commission shall extend to and include:
(1) Telecommunications companies engaged in the furnishing of telecommunications services, including telegraph and telephone companies engaged in the transmission of messages or conversations by voice or electronic means, as well as video distribution systems whether by cable, local re-broadcast, or satellite distribution to the Reservation area;
(2) Pipeline utilities engaged in the transportation of gas, oil, coal, and water;
(3) Electric utilities engaged in the generation and distribution of light or power;
(4) Gas utilities engaged in the distribution of natural, synthetic or artificial gas, whether by pipeline or by bulk distribution to storage facilities;
(5) Water companies for the storage and distribution of water for domestic or other beneficial use;
(6) Heating utilities engaged in the distribution of heat; and
(7) All other utilities which operate, maintain or control any equipment or facilities within the Reservation.
Nothing in this title shall prohibit the Commission from making any order affecting rates, contracts, services rendered, adequacy or sufficiency of facilities, of any utility, whether privately owned, or whether owned and operated by any state or by any political subdivision of any state or any utility that is not operated for profit.
(b) Powers of Commission with Reference to Utilities.
The Commission shall have power to:
(1) Investigate all methods and practices of utilities or other persons subject to the provisions of this title. In so doing, it may require copies of reports, rates, classifications, schedules, and time tables in effect and used by such utilities or other persons and all other information desired by the Commission relating to such investigations and requirements to be filed with the Commission;
(2) Require utilities or other persons to conform to the laws of the Tribe and to all rules, regulations, and orders of the Commission;
(3) To compel obedience to its lawful orders by proceedings of mandamus or injunction or other proper proceedings, in the name of the Tribe, in any court having jurisdiction of the parties or of the subject matter, including the Tribal Court.
(4) Hold hearings on good cause shown or on its motion, and to provide notice thereof prior to hearing. Such notice shall be reasonable in view of the nature, scope, and importance of the hearing.
(5) Whenever it shall appear to the satisfaction of the Commission that all of the interested parties have agreed concerning the matter at hand, the Commission may issue its order without a hearing.
(6) Require, in its discretion, proof that no unreasonable profit is made in the sale of materials to or services applied for any utility by any firm or corporation owned or controlled directly or indirectly by the utility or any affiliate, subsidiary, parent, associate or any corporation whose controlling stockholders are also controlling stockholders of the utility, before permitting the value of such materials or services to be included in valuations or cost of operations for rate-making purposes. If unreasonable profits have been made in any such transactions, evaluations of such materials and services may be reduced accordingly.
(7) Employ and pay the compensation of rate experts, engineers, and all other expert help and assistance for rate increase application hearings, investigations, and proceedings relating to utilities, subject to Subsections (b)(8) and (b)(10). The expense of any hearings, investigations, and proceedings, and the compensation and actual expenses of any employees of the Commission while engaged in any such hearing, investigation, or proceeding shall, upon appropriate order of the Commission, be paid by the utility being investigated or involved in such hearing or proceeding. A utility liable for such costs and expenditures shall receive appropriate notice and opportunity to demand a hearing before the Commission.
(8) Retain and use the services of tribal attorneys or other attorneys designated by the Council upon a contract approved by the Council and the Secretary of the interior.
(9) Employ and use the services of tribal accountants or other accountants designated by the Council upon a contract approved by the Council.
(10) Cooperate with and receive technical and financial assistance from the United States or any state for any purposes relating to federal energy laws that deal with energy conservation, coal conversion, rate reform, and utilities subject to the jurisdiction of the Commission. The Commission shall also have the authority to file any reports, hold hearings, and promulgate regulations for any such purposes.
(11) Promulgate and enforce rules and regulations consistent with this title.
(12) Employ and consult with such advisors regarding its duties as it may deem necessary.
(13) Require by regulation the filing of any forms or reports necessary for implementation of this title.
(14) Examine under oath either orally or in writing any agent, officer, or employee of any utility subject to regulation under this title, or any other witness with respect to any enforcement action authorized by this title.
(15) Delegate to an individual Commissioner, or to the Director or other members of the Commission staff or Tribal staff, such of its functions as may be necessary to administer this title efficiently; provided that the Commission may not delegate its powers to promulgate rules and regulations, or to hear or rule upon any complaints filed with the Commission pursuant to this title.
(16) Adopt by regulation a schedule of fees and charges for services rendered relating to transcripts and the furnishing or certifying of copies of proceedings, tiles, and records.
(17) Adopt rules and regulations in furtherance of the purposes of this title pursuant 21.0410.
(18) Exercise all other authority delegated to it by law, or as may be reasonably necessary in the implementation of any provisions of this title.
Except as provided in this title, the Commission may exercise one or more of the above powers, in its discretion, and may, by appropriate rule or regulation, issued after notice and hearing, assume regulatory authority over one or more classes of utilities within the Reservation. Failure to exercise one or more Powers delegated under this title shall not be deemed a waiver or affect the ability to exercise such powers in the future.
(c) Duties of Commission. The Commission is hereby vested with the powers, rights, functions, and jurisdiction to regulate, in accordance with the provisions of this title, every utility as defined herein. The exercise of such powers, rights, functions, and jurisdiction is prescribed as a duty of the Commission.
(d) Power of Commission to Establish Rates. The Commission shall supervise all rates, tariffs, and charges of all utilities located or operating within the Reservation. It shall have the power, after notice and hearing, to originate, establish, modify, adjust, promulgate, and enforce all rates, tariffs, and charges of all utilities. Whenever the Commission, after hearing, shall find any existing rates, tariffs, charges, or schedules unjust, unreasonable, insufficient, unjustly discriminatory, or otherwise in violation of any of the provisions of this title, the Commission by order shall form reasonable rates, joint rates, wheeling rates, charges, or schedules to be followed in the future in lieu of those found to be unjust, unreasonable, insufficient, unjustly discriminatory, or otherwise in violation of any provision of law.
(e) Power of Commission to Regulate Services. Whenever the Commission shall find, after hearing, that the rules, regulations, practices, equipment, appliances, facilities or service of any utility or the methods of manufacture, distribution, transmission, storage, or supply employed by it are unjust, unreasonable, unsafe, improper, inadequate or insufficient, the Commission shall determine the just, reasonable, safe, proper, adequate, or sufficient rules, regulations, practices, equipment, appliances, facilities, service or methods to be observed, furnished, constructed, enforced, or employed, and, after hearing, shall fix the same by its order, rule, or regulation. The Commission shall, pursuant to 21.0410 and after hearing, prescribe rules and regulations for the performance of any service, or the furnishing of any commodity, of a character furnished or supplied by any utility. On demand and tender of rates, such utility shall furnish such commodity and render such service within the time and upon the conditions provided in such rules and regulations.
