W. Va. Code R. § 150-2-10

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 150-2-10 - Statutory Notice to the Public of Filing by Public Utility to Change Rates with Proposed Effective Date

10.1. Tariff Rule 10.1 et seq. does not apply to public service districts electing to modify rates under Tariff Rule 13.1 et seq., Exempt Muni/Power Systems, municipal or cooperative utilities, and LRR Public Service Districts.

10.1.1. Notice to the public of a change of rates and charges or rules and regulations as of a proposed effective date, as provided in Tariff Rule 9.1, shall be given by die utility in the manner set forth in this rule.

10.1.1.a. The tariff or revised sheet stating die proposed rates, rules, regulations, etc. shall be exhibited at the offices and places of business of the utility in the territory affected for at least thirty (30) days prior to the date such tariff or revision is to become effective, in the manner required for the posting of tariffs by Tariff Rule 16.1 et seq.

10.1.1.b. Within ten (10) days of filing its application, the utility shall give notice to its customers by;

(i) posting a copy of its Tariff Form No. 8 at the offices and places of business of die applicant in the territory affected thereby;

(ii) publishing the first of two (2) publications of Tariff Form No. 8 by a Class II legal advertisement in a qualified newspaper of general circulation in each of die counties where service is provided;

(iii) issuing a press release to a qualified newspaper of general circulation in each county where service is provided and where its resale customers provide service, which contains die substance of Tariff Form No. 8; and

(iv) separately mailing Tariff Form No. 8 to each of its resale customers, via certified mail, return receipt requested.

10.1.1.c. In addition to (i) through (iv) above, die applicant shall, no later than fifteen (15) days prior to die proposed effective date of its tariff change, have completed the mailing of separate notices to each of its customers by one (1) or a combination of the following methods;

(a) inclusion of Tariff Form No. 8 as a bill insert;

(b) separately mailing Tariff Form No. 8; or

(c) only for applicants that bill by postcard instead of in an envelope and who elect not to separately mail Tariff Form No. 8, inclusion of a statement on a postcard billing as follows; "This utility is seeking a rate increase. Details available in newspaper publications or at the utility office after [applicant to insert date application filed with Commission] by calling [applicant to insert utility office telephone number]."

10.1.1.d. When not more than twenty (20) customers will be affected by a tariff filing pursuant to Tariff Rule 10.1. none of the foregoing notice requirements shall apply and it shall be sufficient if printed notice in die form of Tariff Form No. 8 is mailed by die utility to each of its customers so affected, either as a bill insert or as a separate mailing.

10.1.1.e. A certificate of posting, publication, and separate mailing in the form of Tariff Form No. 6 shall be filed with the Commission to the effect that the posting, publication, and separate mailing notice requirements of Tariff Rule 10.1. have been met.

10.1.1.f. If the application is set for hearing the applicant shall give notice of the hearing in the form of Tariff Form No. 9 or, in an alternate form attached to a Commission order, by making publication once a week for two (2) successive weeks, die first publication to be made not more than thirty (30) days nor less than fifteen (15) days prior to the date of the hearing, unless otherwise ordered by the Commission, in a newspaper(s) of general circulation in each of die counties in which service is provided.

10.1.1.g. Unless otherwise ordered by the Commission, if notice was provided by newspaper publication, no rate change may become effective until the utility furnishes the Commission with a certificate of publication provided by die newspaper to the effect that Tariff Form No. 8 has been published as required by this Rule. Unless otherwise ordered, certificates of publication regarding publication of Tariff Form No. 9 regarding notice of hearing may be filed on die day of hearing.

10.2. The agent or representative of the utility in charge of an office or place of business shall give any information regarding said proposed rates and rules and regulations required of him by any customer or prospective customer or his agent, and shall permit said persons, or their agents, the opportunity to examine any of the tariffs of the utility at all reasonable hours.

W. Va. Code R. § 150-2-10