W. Va. Code R. § 150-2-34

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

Section 150-2-34 - Filing Tariffs on Less than Statutory Notice

34.1. Unless otherwise provided in these rules, when a tariff or revision is issued with a proposed effective date that does not provide the Commission with thirty (30) day statutory notice, is void, and the utility must give the Commission full statutory notice for any reissue of the tariff or revision. A tariff or revision that is received by the Executive Secretary too late to give the Commission the full thirty (30) day notice required by law will be returned to sender.

34.2. Tariffs and revised sheets stating changes in rates or practices, may be filed on less than thirty (30) day notice to die Commission and die public, under section 2, article 5, Chapter 24-A of the W. Va. Code, provided good cause is shown therefor. In making application for permission to file tariffs on less than statutory notice the carrier shall follow M.C. Tariff Form No. 1.

34.3. When permission is granted to file on less than statutory notice, the words "Effective on less than statutory notice by authority of an order of the Public Service Commission of West Virginia in M.C. Case No. ___________________________________, dated ________________________________, _________" shall appear thereon.

34.4. (Historical M.C. Rule 30-E). Solid Waste Tipping Fees - The following accelerated procedure may be used by common carriers of solid waste applying for a rate surcharge because of an increase or decrease in the disposal rates, commonly known as tipping fees, charged by commercial solid waste facilities.

34.4.1. If any motor carrier of solid waste is required to pay higher tip fees as a result of increased commercial solid waste facility costs, or as a result of a rate filing pending before this Commission, or of any increases imposed by commercial solid waste facilities, such motor carrier may file an application in the form of M.C. Tariff Form No. 2, and amended tariffs with this Commission stating rates and charges designed to produce additional revenues sufficient, but no more than sufficient to offset such increased costs for tip fees and request an effective date for such amended rates not prior to the date it incurs said higher costs.

34.4.2. The Commission may investigate the reasonableness of die new rates so sought by die motor carrier to determine:

34.4.2.a. Whether the increase in tip fees is duly authorized and collectible by the commercial solid waste facility;

34.4.2.b. Whether die increase in rates filed by the motor carrier are no more than sufficient to offset such increased costs;

34.4.2.c. The effective date of such costs and the permanency thereof; and

34.4.2.d. The possibility of the motor carrier receiving a refund at the termination of the proceeding in which the increased tip fees are pending.

34.4.3 Any motor carrier using the foregoing procedure shall file a petition simultaneously with the tariff filing, invoking die provisions of this rule.

34.4.4. The motor carrier shall file evidence of past solid waste disposal tip fees in the form of copies of bills rendered by the solid waste disposal facility. The minimum data requirement in support of this filing shall be copies of the most recent six (6) months' disposal bills.

34.4.5. Before placing rates into effect pursuant to this procedure, tire motor carrier shall enter into an agreement that, if it shall receive a refund or reduction of all or part of the higher tip fees upon which its higher rates and charges are based, placed into effect as authorized by this procedure, it will comply with such order as the commission shall thereafter make in reference to such refund or tip fee reduction so received.

34.4.6. When any motor carrier which has increased its rates pursuant to proceedings under this rule receives a reduction, or a refund, on the tip fees of any commercial solid waste facility whose rates and charges were the basis for the rate increase proceedings under this rule, it shall report promptly to this Commission the new reduced rates and charges so ordered and the annual savings in costs resulting to the motor carrier from such reduction from the date said commercial solid waste facility increased its rates under this rule, or die amount of refund and the period to which it relates. Whereupon, this Commission may conduct an investigation to determine;

34.4.6.a. The amount of the reduction;

34.4.6.b. The effective date of the reduction;

34.4.6.c. The manner in which, and the extent to which, the motor carrier shall make refunds to its customers as a result of any refund or reduction received from a commercial solid waste facility to which it transports solid waste; and

34.4.6.d. The manner in which, and die extent to which, the motor carrier shall amend or adjust its rates to give effect to such reduction.

34.4.7. Any motor carrier which invokes the proceedings provided under Tariff Rule 34.3.1., hereof shall be deemed to have consented in advance to the proceedings under Tariff Rule 34.3.6.

34.4.8. Nothing in this rule shall be construed to prevent the Commission from investigating, in a separate proceeding, whether a motor carrier should absorb all or part of an increase in tip fees from a commercial solid waste facility.

W. Va. Code R. § 150-2-34