W. Va. Code R. § 150-2-13

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

Section 150-2-13 - Non-LRR Public Service District Change of Rates of Less than Twenty-Five Percent of Gross Revenue on Notice or on Application and Electing Immediate Rate Implementation Subject to Refund as Authorized by W. Va. Code Section 24-2-4a

13.1. A public service district, other than a LRR Public Service District, desiring to modify, change, cancel or annul any of its rates, fares, classifications, charges, or rules and regulations so that a proposed rate increase is less than twenty-five percent of the gross revenue of die public service district, may file with the Commission a new tariff setting out in full the rates, fares, classifications, charges, rules and regulations it proposes to follow in the future (or, for convenience, a revision of any of the sheets of an existing tariff setting out the proposed rates, etc.). The public service district must file with its tariff sheets the information prescribed by Tariff Rule 20.1. (Historical Rule 42) and a completed Tariff Form No. 2 as required by Tariff Rule 19.1.

13.2. The public service district may place the proposed rates into effect upon die date of filing with the Commission provided that die public service district files with its rate application a certified statement in the form of Tariff Form No. 5 that:

(i) the public service district published notice as a Class I legal advertisement stating the percentage increase in rates at least fourteen days prior to die date of filing, in a newspaper of general circulation in each county where it provides service;

(ii) die rates proposed in the rate application constitute a rate increase over current rates that will result in a less than twenty-five percent increase in gross revenue as reflected in die Tariff Rule 20.1. (Historical Rule 42) Statement A, Schedule 1 as Total Sales; and

(iii) the application is accompanied by the information prescribed by Tariff Rule 20.1. (Historical Rule 42). The public service district certified statement must be accompanied by a copy of the advertisement. The newspaper affidavit of publication may be filed at a later date.

13.3. The rates placed into effect under this section will be subject to refund based on further Commission investigation and review. If the Commission approves lower rates, the utility will be required to make customer refunds.

13.4. The Commission will not accept a public service district rate filing under §150-2-13, Tariff Rule 13.1 et seq. that is missing a complete certified statement described in Tariff Rule 13.2.

13.5. Opportunity for Public Service District to Request a Waiver.

13.5.1. A Non-LRR Public Service District filing new tariff sheets that propose a rate increase of twenty-five percent or more in gross revenues may apply for, and the Commission may grant, a waiver of the statutory suspension period and allow rates to go into effect on the date of filing subject to the requirements of Tariff Rule 13.5.2.

13.5.2. The Commission will not grant a waiver described in Tariff Rule 13.5.1. unless die public service district files the waiver request together with its Tariff Rule 20.1. (Historical Rule 42) information at least forty-five days in advance of its rate filing and includes with its request a certified statement;

(i) of good cause for the waiver shown by a statement of insufficient cash flow to meet normal, ongoing cash requirements, including debt service and the need to produce a cash surplus that will provide the greater of required coverage, required renewal and replacement funds or a reasonable level of ongoing capital expenditures;

(ii) that die public service district is filing with its waiver request the information prescribed by Tariff Rule 20.1. (Historical Rule 42); and

(iii) of die date that the public service district will file its new tariff sheets with the Commission.

13.5.3. The Commission will deny a public service district waiver request filed under Tariff Rule 13.5.1. that is missing a certified statement as described in Tariff Rule 13.5.2.

13.5.4. Commission Staff will file its recommendation in response to die public service district waiver request within ten days after the waiver request is filed and the public service district shall have five days within which to respond to die Staff recommendation.

13.5.5. If the Commission denies the requested waiver, the public service district rate filing will be processed under either Tariff Rule 8.1 et seq. or Tariff Rules 9.1 and 10.1 et seq., whichever is applicable.

13.6. Within ten (10) days of filing its application the public service district shall give notice to its customers by;

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

(ii) publishing the first of two publications of Tariff Form No. 8-Al by 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 newspaper of general circulation in each county where service is provided and where its resale customers provide service, that contains the substance of Tariff Form No. 8-Al; and

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

13.7. In addition to (i) through (iv) above, within thirty (30) days of filing its application the applicant shall have completed the mailing of separate notices to each of its customers by one or a combination of the following methods;

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

(b) separately mailing Tariff Form No. 8-Al; 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-Al, inclusion of a statement on a postcard billing as follows: "This public service district filed for a rate increase and placed increased rates into effect on [insert date] subject to refund. Details available in newspaper publications or at the utility office by calling [insert utility office telephone number]."

13.8. When not more than twenty customers will be affected by a rate application proposed pursuant to Tariff Rule 13.1 et seq., notice requirements set forth in Tariff Rules 13.6. and 13.7. shall not apply, and it shall be sufficient if printed notice in die form of Tariff Form No. 8-Al is mailed by the utility to each of its affected customers either as a bill insert or as a separate mailing.

13.9. The public service district will file with the Commission a certificate of posting, publication, and separate mailing in the form of Tariff Form No. 7 to the effect that the posting, publication, and separate mailing notice requirements of Tariff Rule 13.6 through 13.8 have been met.

13.10. If the application is set for hearing, the applicant shall give notice of die hearing in die form of Tariff Form No. 9a, or, in an alternative form attached to a Commission order, by making publication once a week for two successive weeks, die first publication to be made not more than thirty days nor less than fifteen days prior to the date of the hearing, unless otherwise ordered by die Commission, in a newspaper of general circulation in each of the counties in which service is provided. Unless otherwise ordered, certificates of publication of Tariff Form No. 9a regarding notice of a hearing may be filed on the day of hearing.

W. Va. Code R. § 150-2-13