W. Va. Code R. § 150-2-30

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

Section 150-2-30 - Motor Carrier Change of Rates on Application

30.1. A common carrier desiring to modify charges, or rules and regulations, may file with the Commission an original and six (6) copies of its application therefor in the form of M.C. Tariff Form No. 42. Such application shall set forth die rates, charges, rules and regulations in effect; the proposed rates, charges, rules and regulations; if increase or reduction in rates; proposed estimated annual effect on revenue; and die reason for the proposed change. The application shall be accompanied by die minimum financial data required by Tariff Rule 37.1 (Historical M.C. Rule 42).

30.1.1. Within ten (10) days of filing its application die applicant shall give notice to its customers by;

(i) posting a copy of its M.C. Tariff Form No. 8-A at the offices and places of business of the applicant;

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

(iii) issuing a press release to a newspaper of general circulation in each county where service is provided, which contains the substance of M.C. Tariff Form No. 8-A Within thirty (30) days of filing its application, any motor carrier except those providing taxi, limousine, or specialized limousine service, shall have completed the mailing of separate notices to each of its customers by one or a combination of die following methods;

(a) including M.C. Tariff Form No. 8-A as a bill insert;

(b) separately mailing M.C. Tariff Form No. 8-A; or

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

30.1.2. A certificate of posting, publication and separate mailing in the form of M.C. Tariff Form No. 6 shall be filed with the Commission to die effect that the notice and mailing requirements of 30.1.1. have been met.

30.1.3. If die application is set for hearing the applicant shall give notice of the hearing in die form of M.C. 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 die date of the hearing, in a newspaper of general circulation in each of die counties in which service is provided.

30.1.4. If notice as provided by newspaper publication, no rate change may become effective until the carrier furnishes the Commission with a certificate(s) of publication provided by the newspaper(s) to the effect that M.C. Tariff Form No. 8-A has been published as required by this Rule. Unless otherwise ordered, affidavits of publication may be filed on the day of hearing.

30.1.5. The utility shall file additional copies of its application and attachments upon the request of die Commission's Executive Secretary.

30.2. (Historical M.C. Rule 19-A). Optional Rate Procedure for Small Motor Carriers. The following shortened procedure may be used by a small motor carrier to make application for change of rates.

30.2.1. For the purpose of this section, a small motor carrier shall be a carrier with gross revenues less than $3,000,000 annually. Where a motor carrier is affiliated with another motor carrier, either through common ownership, management or otherwise, the total revenues of all the affiliates shall be considered. Where a motor carrier is operating in more than one regulatory jurisdiction, the total revenues of all jurisdictions shall be considered.

30.2.2. Any qualified small motor carrier desiring to proceed under this section shall file with the Commission its application and supporting financial data therefor, in the form of M.C. Tariff Form No. 11.

30.2.3. When die application is filed, the Commission shall issue a procedural order setting forth a date by which Commission Staff shall file a report setting forth its recommended rates based on Staff's investigation of die applicant's earnings, revenue requirements, adequacy of rates, and quality of service.

30.2.4. Unless die applicant provides taxi, limousine, or specialized limousine service, it shall, within thirty (30) days of the date the Commission issues its procedural order stating die Staff report due date, have completed the mailing of separate notices to each of its customers stating; "This motor carrier is seeking a rate increase. Details available in newspaper publications or at the motor carrier office after [applicant to insert date Staff report filing date] by calling [applicant to insert utility office telephone number]. "The applicant may mail die notice by one or a combination of the following methods;

(i) inclusion of the foregoing statement as a bill insert;

(ii) separately mailing the foregoing statement; or

(iii) only for applicants that bill by postcard instead of in an envelope, and who elect not to separately mail die foregoing statement, inclusion of die foregoing statement on a postcard billing.

30.2.4.a. A certificate of separate mailing in the form of M.C. Tariff Form No. 6-A shall be filed with the Commission to the effect that the separate mailing notice requirements of 30.2.4. have been met.

30.2.5. After receipt of Staff's report, the Commission will issue an order requiring notice of Staffs proposed rates. The Commission will also provide a completed M.C. Tariff Form No. 10 for the motor carrier's use in providing public notice pursuant to Tariff Rule 30.2.6.

30.2.6. Upon receipt of the Commission's order requiring notice of Staff s recommended rates, the applicant shall give notice to its customers of any rate or rates so recommended within ten (10) days of receipt, by;

(i) publishing M.C. Tariff Form No. 10 by Class I legal advertisement in a qualified newspaper of general circulation in each of the counties where service is provided; or

(ii) mailing M.C. Tariff Form No. 10 to each of its affected customers. The motor carrier shall file a certificate of publication or mailing, in die form of M.C. Tariff Form No. 6-B, with the Commission to the effect that the requirements of Tariff Rule 30.2.6. have been met.

30.2.7. The Commission may, in its discretion, upon the receipt of written objection by the applicant or protest or upon written request for hearing filed by a customer or customers, filed within the time period prescribed, schedule the matter for hearing. If a hearing is deemed necessary, the applicant will be required to give notice in the form of M.C. Tariff Form No. 9, which will be mailed to the applicant with the Commission's order. The applicant may make written request to place into effect interim rates set by the Commission pending disposition of objection or protest.

30.2.8. Absent substantial protest, objections, or written requests for hearing within the time period prescribed, the Commission will issue an order acting on Staff s proposed rates.

30.2.9. Nothing in this procedure shall prohibit an applicant from seeking additional rate relief through application as prescribed in Tariff Rules 30.1 to 30.4 or upon notice as prescribed in Tariff Rules 31.1 to 33.2.

30.2.10. Nothing in this procedure shall prohibit a customer of the applicant from pursuing any remedy he would normally have under the law within the jurisdiction of the Commission.

30.2.11. It should be clear to an applicant that the intent of Tariff Rule 30.2 et. seq. (Historical M.C. Rule 19-A) is to allow simplified rate filings and to enable the Commission's Staff to provide advice and assistance in the preparation of supportive financial data. The applicant is expected to cooperate with Staff to the fullest extent and to promptly comply with requests for information and preparation of schedules. Supporting records such as invoices, payroll records and quarterly reports should be readily available in proper order for verification to die applicant's books.

30.3. Optional Rate Procedures for Motor Carriers collecting and hauling solid waste. The following procedures may be used by motor carriers collecting and hauling solid waste to change rates.

30.3.1. A motor carrier collecting and hauling solid waste desiring to modify charges, or rules and regulations, may file with the Commission an original and six (6) copies of its application in the form of M.C. Tariff Form No. 42. The application shall set forth the rates, charges, rules and regulations in effect; the proposed rates, charges, rules and regulations; the proposed effective date of die change; if increase or reduction in rates; proposed estimated annual effect on revenue; and die reason for the proposed change. The application shall be accompanied by die minimum financial data required by Tariff Rule 37.1 (Historical M.C. Rule 42) and by die motor carrier's proposed notice.

30.3.2. The motor carrier shall provide thirty (30) days notice to the Commission of this rate increase and thirty (30) days notice to its customers of this rate increase through either a bill insert or a separately mailed statement. Within five (5) business days of die filing of the motor carrier's proposed notice, die Commission shall issue an order approving or modifying die proposed notice.

30.3.3. The proposed rates may go into effect after the expiration of a thirty (30) day protest period unless die Commission suspends die rates on its own motion or the Commission receives substantial protest in the form of protests from the lesser of 25% of die customers impacted by the proposed change or seven hundred and fifty (750) customers.

30.3.4. If the Commission suspends die rates on its own motion or upon substantial protest, the Commission shall determine if the proposed change is just, reasonable, and based primarily on cost. The Commission shall render a decision on die proposed rates within one hundred and twenty (120) days from the date notice of the proposed rates was first given. The Commission will use the date the Commission-approved notice is simultaneously mailed to all customers through either a bill insert or separate statement, or mailed to the last of the customers if die notices are sent on a staggered billing cycle as die date notice was first given. The Commission may extend the time in which a final decision is due by an additional 30 days if the motor carrier fails to provide material information requested by the Commission at least thirty (30) days in advance of the hearing.

30.4. Rate Procedure Based on Index.

30.4.1. Notwithstanding any other rate procedure prescribed in these rules, a motor carrier collecting and hauling solid waste desiring to increase its rates may do so on or after January 1 of each year, provided the motor carrier gives notice to its customers as directed by die Commission, submits proof of notice to the Commission and files a revised tariff, which reflects a rate increase over the prior rate that is equal to or less than die percentage increase in the United States Department of Labor, Bureau of Labor Statistics, Garbage and Trash Collection Index (Index) between September of die year preceding the effective date of the requested rate increase and September of the year prior to the year preceding die effective date of the requested rate increase (Relevant Time Period).

30.4.2. After September 30 of each year, the Commission shall issue a general order stating die percentage increase in the Index and the inflation factor to apply to the rates currently in effect to calculate the maximum rate increase allowed.

30.4.3. Any motor carrier that desires to increase its current rates pursuant to W.Va. Code §24A-5-2a(d) shall provide its customers with notice of the rate increase in the form of M.C. Tariff Form No. 7 at least thirty days prior to die proposed effective date of the desired rate increase. The motor carrier shall file with die Commission proof of notice in die form of a verified statement providing the date notice was mailed to customers and submit a revised tariff containing an increase of no more than the Index increase.

30.4.4. Such rate increase shall be subject to challenge by the Commission only if it determines that the increase exceeds the amount of die increase in die Index for the Relevant Time Period. If the Commission determines a rate increase filed pursuant to this subsection is in excess of the increase in the Index for die Relevant Time Period, it may enter an order suspending the rate increase.

30.4.4.a. If die Commission suspends die rates, the Commission shall hold a hearing to determine if the proposed change is just, reasonable, and based primarily on cost. If the motor carrier desires it may correct its rates to a level that does not exceed the Index for die Relevant Time Period, in which case the suspension will be lifted and die rates may go into effect as of the originally stated effective date or the date that the carrier corrects its rates, whichever comes later.

30.4.5. A motor carrier collecting and hauling solid waste may implement no more than four (4) annual increases under Tariff Rule 30.4 et seq. before filing for a rate increase under Tariff Rule 30.1, 30.2, 30.3.1 or 31.1

30.5. For rate filings under Tariff Rule 30.1, 30.2, 30.3.1 or 31.1 die burden of proof to show that die proposed rates, or die proposed changes in rate, fare, classification, charge, or rule is just and reasonable shall be upon the carrier making application for such change.

30.6. Upon the granting of an application under Tariff Rules 30.1, 30.2, 30.3.1, or 31.1 die carrier shall file a tariff setting out the rate, fare, classification, charge, or rule authorized by the Commission to become effective as the order may direct, and die tariff so filed shall state on the face thereof that it is "Issued by authority of an order of die Public Service Commission of W. Va. M.C. Case No. ________________________, dated _________________________,______Upon die implementation of an Indexed Rate Change pursuant to Rule 30.4 the carrier shall file a tariff setting out die rate, fare, classification, or charge and the effective date of die indexed rate changes. The tariff so filed shall state on the face thereof that it is "Issued by authority of an indexed rate filing pursuant to Tariff Rule 30.4 as filed in M.C. Case No.____________________.

W. Va. Code R. § 150-2-30