W. Va. Code R. § 150-2-37
Current through Register Vol. XLII, No. 1, January 3, 2025
Section 150-2-37 - Information to be Submitted with Filing of Tariff or Application to Initiate or Change Rates37.1. (Historical M.C. Rule 42). The information required by this rule represents the MINIMUM data that must accompany all tariff filings, applications for authority to change rates and charges or applications for approval of initial rates unless die Commission grants a waiver of this requirement, the filing is exempt as provided herein, or the filing is made pursuant to Tariff Rule 30.4 et seq. If a carrier fails to comply with this rule, the tariff filing or application may be dismissed by die Commission.37.1.1. Each common carrier by motor vehicle, at the time it files a tariff for initial rates or stating changes in rates, shall present the proposed tariff, schedules and exhibits upon which it intends to rely in support of its application or filing. Such tariff schedules and exhibits shall include, but not necessarily be limited to, die minimum requirements outlined in Statements A to J, inclusive. No sooner than thirty (30) days following the filing of a tariff, application for authority to change rates and charges, or application for approval of initial rates, the Commission may direct the filing of testimony in support of such filing.37.1.2. Deletion of any required schedule as outlined in this rule may cause the Commission to dismiss the tariff filing.37.1.3. Filing shall be in such form and contents so as to provide the Commission with sufficient information with which to evaluate the request of die applicant. Information shown in financial statements (prior to adjustments) shall originate from the applicant's general records.37.1.4. The information required by this rule shall be furnished as a minimum requirement. Other information shall be provided as deemed appropriate by die applicant or as requested by the Commission.37.1.5. Provided further, this rule may be waived for good cause where the proposed tariff provision, has a de minimis financial impact, reflects a change in practices, a rate reduction, or removal of an obsolete rate or provision. Requests for waiver for good cause in these categories shall be accompanied by explanatory information including the reasons for the proposed change; the class or classes of customers affected; die extent to which such customers will be affected; die net financial effect of the proposed clarification or new offering; change; and a verification of such information by an appropriate company official.37.1.6. Provided further, the provisions of Tariff Rule 37.1 (Historical M.C. Rule 42) shall not apply to: (i) filings to institute bad check charges; (ii) delayed payment penalties; (iii) optional services which have no adverse impact on customers who do not choose to use the new service; and (iv) tariff filings pursuant to accelerated rate proceedings allowed under these rules.37.1.7. An original and six (6) copies of the filing shall be submitted to the Commission. The carrier will file additional copies of the filing upon request by the Commission's Executive Secretary.37.1.8. TEST PERIOD; Actual audited or finally closed experience for die most recent twelve (12) month period ending on a calendar quarter available shall be used in preparing statements A through J inclusive. All adjustments for known and measurable changes in revenues and cost shall be clearly and fully explained. If the carrier has been in operation less than twelve (12) months, estimates covering the period in which actual experience was not available, may be used in preparing the statements. The bases, procedure and data used to prepare such estimates shall be submitted in such detail as to permit ready analysis of the estimates.37.2. The format for a formal application to change rates, and die statements and supporting schedules to accompany said application and/or tariff filing are set forth in P.S.C. M.C. Tariff Form No. 42, and supporting statements A through J. Click here to view image
W. Va. Code R. § 150-2-37