Current through Register 1536, December 6, 2024
Section 5.02 - Format of Tariffs, Schedules, and Contracts(1)Form. All tariffs, schedules, and contracts shall be typewritten, printed, or otherwise legibly duplicated on paper cut or folded to letter size, eight inches to 81/2 inches by 101/2 inches to 11 inches. However, tariffs or schedules of express companies may be on 91/2 inch x 111/2 inch paper. The impression shall be on only one side of the paper, unless printed and bound. Tariffs filed pursuant to the Department's Electronic Filing Guidelines satisfy 220 CMR 5.00.(2)Filing. (a) Two copies of all tariffs or schedules and two copies of all contracts will be filed with the Department, unless electronically filed pursuant to 220 CMR 5.02(2)(a). One copy of all tariffs, schedules or contracts subject to the jurisdiction of the Federal Energy Regulatory Commission shall be filed for the information of the Department. Electronic Filing. Papers may be filed and signed by electronic means pursuant to the Department's Electronic Filing Guidelines. A paper filed electronically in compliance with the Guidelines is a written paper or document for purposes of 220 CMR 5.00. Letters pursuant to 220 CMR 5.03(1) or (3) may be filed electronically.
(b) The filing of a tariff, rate schedule or terms, conditions or regulations in connection therewith shall not be considered the adoption of a regulation under 220 CMR 2.00: Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings.(3)Contents.(a) Each tariff or schedule shall show prominently the name of the company, firm, association or individual responsible, together with the name of any independent agency filing the tariff or schedule and its, his, or her address.(b) Tariffs and schedules shall show plainly all requisite detail fully to explain the basis of all charges to be made and all rules and regulations governing the same. In the case of tariffs or schedules filed by common carriers, this information shall include that required by and customarily filed with the United States Department of Transportation, Federal Energy Regulatory Commission, or the Federal Aviation Administration, whichever is appropriate. Schedules relating to gas, electric, and water companies shall show not only the price or unit upon which based, but any and all meter rentals, service charges, basis for determining demand, discounts, and other detail necessary for a complete understanding of the charges contemplated.(4)Numbering and Effective Date.(a)Tariffs and Schedules. Each tariff or schedule shall be designated by an individual number progressing from that last filed by the same party or in case of a new series, from No. 1. The number shall be preceded by the letters "M.D.P.U." Each shall show plainly, in a prominent place, the date issued and date to become effective. When forwarding, sufficient time must be allowed to cover transmission in order that tariffs and schedules may become effective on date specified, which, in the case of common carriers, is 30 days after the filing with the Department, and, in the case of gas, electric, and water companies, is the first day of the month next after the expiration of 14 days from the date of filing with the Department, M.G.L. c. 164, § 94; M.G.L. c. 165, § 2. (b)Contracts. Each contract shall show the date of execution and the effective date which shall be not earlier than 30 days after the filing. Sufficient time must be allowed for transmittal.Amended by Mass Register Issue 1315, eff. 6/17/2016.Amended by Mass Register Issue 1317, eff. 6/17/2016.Amended by Mass Register Issue 1347, eff. 9/8/2017.