45 Ind. Admin. Code 16-3-31

Current through November 6, 2024

Section 45 IAC 16-3-31 - Changes in rates; application for special permission

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 31.

APPLICATIONS FOR SPECIAL PERMISSION.

(a) Reductions in rates and charges and establishment of new rates and charges on less than statutory notice; waiver of requirements of these regulations. The Act authorizes the Commission in its discretion and for good cause shown to permit reductions in or the establishment of new rates or charges on less than statutory notice, and also to permit departure from the Commission's regulations. This authority will be exercised only in cases where actual emergency and real merit are shown. Commercial competition or the desire to meet the rates of a competing carrier that has given statutory notice for reduced rates or for the establishment of new rates and charges will not of itself be regarded as cause for permitting changes in rates or other provisions on less than statutory notice. Clerical or typographical errors in schedules constitute good cause for the exercise of this authority, but every application based thereon must plainly specify the error, together with a full statement of the attending circumstances and must be presented with reasonable promptness after publication of the defective schedule.

(b) Form of application. Applications shall be submitted in duplicate on paper either 8 x 11 inches or 8 1/2 x 11 inches in substantially the form set forth in this paragraph and shall furnish all pertinent information. They should be numbered consecutively and must bear the signature and title of the owner or of an officer or duly authorized representative of the carrier.

______________________________

(Address)

______________________________

(Date) TO THE PUBLIC SERVICE COMMISSION OF INDIANA 901 STATE OFFICE BUILDING INDIANAPOLIS, INDIANA 46204

APPLICATION NO. _____

_________________________ , by _____

(Name of Carrier)

_____________________________________

(Name of officer, specifying title)

does hereby petition the Public Service Commission of Indiana that he (it) be permitted, under Section 18 of the Act, to put in force the following provisions to become effective _____ days after the filing thereof with the Public Service Commission.

(Here show matter as directed by Paragraph (d) of Rule 4 [this section].)

Your petitioner further represents that the said (state whether rates, charges, or other provisions) above mentioned will be published in (here show matter as directed by paragraph (e) of Rule 4 [this section].)

(1) (Here state matter as directed by Paragraph (f) of Rule 4 [this section].)

(2) (Here state matter as directed by Paragraph (g) of Rule 4 [this section].)

(3) (Here show justification as directed by Paragraph (h) of Rule 4 [this section].)

______________________

(Name of Carrier)

By ______________________

(Name and title) Verification:

The above statement was subscribed and sworn to before me this _____ day of _____ , 19 _____ .

____________________

(Notary Public)

(c) Partial use of authority prohibited. The authority granted by special permission, if used, must be used in its entirety and in the manner set forth in the order of special permission. If it is not desired to use all of the authority granted, and less or more extensive or different authority is desired, a new application complying with the provisions of this rule in all respects and referring to the previous permission must be filed.

(d) Proposed provisions. The proposed provisions shall be set forth clearly and completely in the Application. An accompanying exhibit may be used if identified by letter, such as "Exhibit A," and so referred to in the application. If the proposed provisions consist of rates, all points of origin and destination must be shown or definitely indicated; if permission is sought to establish a rule, the exact wording of the proposed rule must be given.

(e) P.S.C.I. numbers to be shown. The application shall show P.S.C.I. numbers of the schedules in which the proposed rates, rules or other provisions will be published. If publication is to be made in schedules already referred to, that shall be stated.

(f) Rates desired to be changed. The application shall set forth the rates or provisions which it is desired to change. Where the matter to be shown is voluminous or for other reasons difficult of presentation, it shall be included in any accompanying exhibit, properly identified and referred to in the application. Reference shall be made by P.S.C.I. number, supplement number and item or page number to the schedules in which rates or provisions to be superseded are published. The extent to which cancellations will be made must be definitely indicated.

(g) Carriers, schedule or tariff numbers, notifications, advisements and objections. Where changes in rates or practices or where new rates or practices are proposed, applications should name the carriers, and specify by P.S.C.I. or I.R.C. number the schedules or tariffs maintaining corresponding rates or other provisions. Applications should also state whether those carriers have been notified of the application, including any short-notice features. Applications to establish on less than thirty days' notice schedules to cover temporary operating authority granted under the authority of Section 28a of the Act should show that common carriers or their tariff publishing agents as well as contract carriers maintaining corresponding rates or other provisions have been advised of the proposals. All applications shall state what objections or other views have been expressed by the carriers so notified. The Commission must obtain information of the types mentioned before acting upon requests for tariff-circular relief or short notice; and applications will be handled with materially more speed when the carriers in filing their applications are careful to furnish the facts requested.

(h) Special circumstances. Applications shall state the special circumstances or unusual conditions relied upon as justifying the requested permission, together with any related facts or circumstances which may aid the Commission in determining whether the requested permission is justified. If permission to establish provisions on less than statutory notice is sought, the petitioner shall state why the proposed provisions could not have been established upon thirty days' notice.

45 IAC 16-3-31

Department of State Revenue; No. 33034: Schedules of Rates by Motor Vehicles In Intrastate Commerce PT B,Rule 4; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 522

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-3-31) to the Department of State Revenue ( 45 IAC 16-3-31) by P.L. 72-1988, SECTION 12, effective July 1, 1988.