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Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.01 - Scope and Construction

Current through Register 1525, July 5, 2024
(1)
Procedure Governed
. 220 CMR 1.00 shall govern practice
		and procedure, except with respect to the adoption of regulations pursuant to
		220 CMR 2.00:
Rules
		for Adopting, Amending, or Repealing Regulations and for Issuing Advisory
		Rulings
, before the Massachusetts Department of Public Utilities under
		applicable laws of the Commonwealth of Massachusetts and except where a statute
		provides otherwise.
(2)
Transportation Oversight Division
.
		220 CMR
		1.02(8)(c),
		1.06(4), (5), and (6)(b)
		 shall not apply to matters requiring action
		by the Transportation Oversight Division. The matters referred to in
		220 CMR
		1.02(8)(c),
		1.06(4), (5), and (6)(b)
		 shall be governed by
		220 CMR 250.00:
Transportation Oversight Division Practice
.
(3)
Definitions
. As
		used in 220 CMR 1.00, except as otherwise required by the context:
Adjudicatory Proceeding
shall be as
		  defined in M.G.L. c. 30A, § 1(1).
Commission
means the Commissioners
		  appointed under the provisions of M.G.L. c. 25, § 2, when acting as
		  such.
Department
means the Massachusetts
		  Department of Public Utilities, its Commissioners and employees.
Parties.
As used in 220 CMR 1.00,
Party
means;
(a) the specifically named persons whose
		legal rights, duties or privileges are being determined in an adjudicatory
		proceeding before the Department;
(b) any other person who as a matter of
		constitutional right or by any provision of the Massachusetts General Laws is
		entitled to participate fully in such proceeding and who enters an
		appearance;
(c) any other person
		allowed by the Department to intervene as a party.
Presiding Officer
means that person
		  who is designated to conduct hearings pursuant to the provisions of
		  220 CMR 1.06(5)(a)
		   or
		  250.01:
General
.
Transportation Oversight Division
shall mean the Transportation Oversight Division of the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.02 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Office
. The principal office of the Department is One
		South Station, 5th Floor, Boston, Massachusetts. The
		office of the Department shall be open from 8:45 A.M. to 5:00 P.M. each weekday
		except Saturdays, Sundays, and legal holidays.
(2)
Date of Receipt
.
(a)
By the
		Department
. All communications, including correspondence, motions,
		and pleading, shall be deemed to be filed or received on the date on which they
		are received by the Department at its principal office. With respect to
		electronic filings, the document is deemed filed on the date the Department
		receives the electronic filing if it is received during the Department's normal
		business hours. If the document is electronically filed on a weekend, on a
		holiday observed by the Department, or during hours when the Department is
		closed, the document will be deemed filed on the date when the Department is
		next open for business.
(b)
By Parties and Other Persons
. All communications,
		including correspondence, motions, and pleading, shall be deemed to be filed or
		received on the date on which they are deposited in the United States mail,
		properly addressed and postage paid, or delivered in person to a party or other
		person, or served electronically pursuant to the Department's Electronic Filing
		Guidelines.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.03 - Appearances; Intervention and Participation; Parties

Current through Register 1525, July 5, 2024
(1)
Intervention
.
(a) Any person who desires to participate in
		a proceeding shall file a written petition for leave to intervene or to
		participate in the proceeding.
(b)
Form and Contents of Petition
. The petition shall
		state the name and address of the petitioner. It shall describe the manner in
		which the petitioner is substantially and specifically affected by the
		proceeding. It shall state the contention of the petitioner, the relief sought
		and the statutory or other authority therefor, and the nature of the evidence
		the petitioner will present if the petition is granted.
(c)
Filing and Service of
		Petition
. Unless otherwise provided in the notice of hearing, the
		petition must be filed at least seven days prior to the date for hearing. No
		petition may be filed or will be acted upon during a hearing unless permitted
		by the Commission or the presiding officer after opportunity for all parties to
		object thereto. The petition must be served as required under
		220 CMR
		1.05(1).
(d)
Answers to
		Petitions
. A party may file an answer to a petition no later than
		five days after the petition is filed.
(e)
Action on
		Petitions
. The Commission, or the presiding officer, shall rule on
		all such petitions and may grant a person leave to intervene as a party in the
		whole or any portion of a proceeding or may allow a person who is not a party
		to make limited appearance by making an oral or written statement of his
		position on the issue, or by such other participation as the Commission or the
		presiding officer may determine. Such grant may be conditioned on such terms as
		the Commission or presiding officer may direct. No grant of such leave to
		intervene or participate shall be deemed to constitute an expression by the
		Department that the person allowed to participate is a party in interest, who
		may be aggrieved by any final decision, order, or ruling, unless the grant
		explicitly so states.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.04 - Pleadings

Current through Register 1525, July 5, 2024
(1)
Initial
		Pleading
.
(a)
Definition
. An initial pleading, as used in 220 CMR
		1.04(1), shall refer to any paper or document by which an adjudicatory
		proceeding may be commenced. Such papers or documents shall include but not be
		limited to applications, petitions, complaints, protests, and appeals from
		decisions of the Director of the Transportation Oversight Division.
(b)
Content
. Every
		initial pleading shall be on the form provided by the Department, and if no
		form is provided, the pleading, as far as possible, shall contain the
		following:
1. A title that indicates either
		the nature of the proceedings or the parties involved therein.
2. The complete name and address of the party
		filing the pleading.
3. If the
		party filing the pleading is represented by counsel, the name and address of
		the attorney.
4. The name and
		address of all other petitioners.
5. A clear and concise statement of the facts
		upon which the pleading is maintained.
6. In the case of appellate proceedings, a
		clear and concise statement of the appellant's objections to the decision or
		action from which the appeal was taken.
7. A reference to the statute under which
		relief is sought.
8. A prayer
		setting forth the relief sought.
9.
		As part of the initial petition pursuant to M.G.L. c. 164, § 94; or
		pursuant to M.G.L. c. 159, §§ 19 and 20, the company shall file a
		copy of the proposed notice as set forth in
		220
		CMR 5.06:
Notice of General Rate
		Increases to Customers of Gas, Electric, Water and Telephone Companies
and a list of newspapers in which it proposes to publish such
		notice.
(c)
Application for Permission to Establish Rates on Less than
		Statutory Notice
. Application for permission to establish rates on
		less than statutory notice shall have attached thereto, as an exhibit, a copy
		of the proposed tariff or schedule. When the tariff is to meet the existing
		rate of a competing common carrier, the petition shall state the name, address,
		and the particular rate or rates of the competing carrier to be met and shall
		be signed, under oath, by the carrier filing the application. A contract
		carrier shall not be deemed a competing carrier in the consideration of such
		applications.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.05 - Service

Current through Register 1525, July 5, 2024
(1)
Service
.
(a)
General Rule
.
		Service of all papers relating to any proceeding, including complaints, orders,
		decisions, pleadings, motions, processes, notices, briefs, claims of appeal,
		and exhibits, shall be by personal delivery, first-class mail, or electronic
		service pursuant to the Department's Electronic Filing Guidelines.
(b)
On Whom Served
.
		All such papers shall be served by the person filing the same on every person
		who has theretofore entered an appearance in the proceeding. If a person
		appears after the paper has been filed, a copy of all papers previously filed
		shall be furnished to such person, if he so requests. Proof of service shall
		accompany all papers when filed. If service in accordance with 220 CMR 1.05(b)
		is deemed by any person to be too burdensome, application may be made to the
		Department or to the presiding officer for relief.
(c)
Service by the
		Department
. A copy of any paper served by the Department, showing
		the addressees to whom the paper was mailed or electronically served, shall be
		placed in the Department's files and shall be
prima facie
evidence of service and the date thereof.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.07 - Quorum; Tentative or Proposed Decisions

Current through Register 1525, July 5, 2024
(1)
Quorum
. At least two Commissioners shall participate
		in any action of the Commission. All decisions and rulings of the Commission
		shall be by a vote of a majority of the Commission.
(2)
Tentative or Proposed
		Decisions
.
(a) In the event that
		a majority of the Commission have neither heard nor read the evidence and their
		decision is adverse to any party other than the Department, then if any party
		in advance of hearing so requests in writing, such decision shall be made only
		after a tentative or proposed decision is delivered or mailed to each
		party.
(b) Such tentative or
		proposed decision shall contain a statement of reasons and a determination of
		each issue of fact or law necessary to such decision.
(c) Upon the proper filing and service of
		objections by a person adversely affected by such decision no later than ten
		days after receipt of the same, the Commission shall allow either oral or
		written arguments to be presented to a majority of the Commission, the choice
		to be in the discretion of the Commission.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.08 - Recessing Hearing for Conference

Current through Register 1525, July 5, 2024
Recessing Hearing for Conference
. In
		  any proceeding the presiding officer may in his or her discretion call all
		  parties together for a conference prior to the taking of testimony, or may
		  recess the hearing for such conference. The presiding officer shall state on
		  the record the results of such conference.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.09 - Consolidation

Current through Register 1525, July 5, 2024
Consolidation
. The Department upon its
		  own motion, or upon motion by a party or other person joined in the proceeding,
		  may order proceedings involving a common question of law or fact to be
		  consolidated for hearing on any or all of the matters in issue in such
		  proceedings.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.10 - Evidence; Subpoenas

Current through Register 1525, July 5, 2024
(1)
Evidence
. The Department shall follow the rules of
		evidence observed by courts when practicable and shall observe the rules of
		privilege recognized by law, except as otherwise provided by any other law.
		There shall be excluded such evidence as is unduly repetitious or cumulative or
		such evidence as is not of the kind on which reasonable persons are accustomed
		to rely in the conduct of serious affairs. All unsworn statements appearing in
		the record shall not be considered as evidence on which a decision may be
		based.
(2)
Official
		Notice
. Official notice may be taken of such matters as might be
		judicially noticed by the courts of the United States or of this Commonwealth
		and in addition, the Department may take notice of general, technical, or
		scientific facts within its specialized knowledge; provided, that the
		Commission shall notify all parties of the material so noticed, and provided
		further, that any party on timely request be afforded an opportunity to contest
		the matters so noticed.
(3)
Documentary Evidence; Incorporation by Reference
. Any
		matter contained in any records, investigations, reports, and documents in the
		possession of the Department of which a party or the Department desires to
		avail itself as evidence in making a decision, shall be offered and made a part
		of the record in the proceeding. Such records and other documents need not be
		produced or marked for identification, but may be offered in evidence by
		specifying the report, document, or other file containing the matter so
		offered.
(4)
Prepared
		Testimony; Discovery Responses
. Unless otherwise directed by the
		presiding officer, prepared written testimony and discovery responses must be
		authenticated by an affidavit of the witness at the time of filing. The
		presiding officer may allow prepared direct testimony or discovery responses of
		any witness to be offered as an exhibit and may omit oral presentation of the
		testimony. Copies of such proposed exhibit shall be served upon all persons who
		have filed an appearance and on the presiding officer and any staff counsel of
		record, at least seven days in advance of the session of the hearing at which
		such exhibit is to be offered.
(5)
Copies of Exhibits to Parties and Department; Time of
		Service
.
(a)
Direct
		Evidence
. Except as otherwise provided in 220 CMR 1.00, when
		exhibits of a documentary character, that have not been previously provided to
		the Department, are to be offered in evidence, the person proposing to offer
		the same, in addition to the service required by
		220 CMR 1.02(8)(a)
		 and
		1.05, shall serve
		additional copies of such exhibits on the Department as provided for in the
		ground rules or otherwise directed by the presiding officer, at least seven
		days prior to the hearing at which such exhibits are to be offered.
(b)
Rebuttal
		Exhibits
. All exhibits in rebuttal may be served at the time they
		are introduced at the hearing.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.11 - Rulings, Briefs, Oral Argument and Post-hearing Procedure

Current through Register 1525, July 5, 2024
(1)
Request for
		Rulings
. Within the time designated for the filing of briefs
		pursuant to 220 CMR 1.11(3), any party may file requests for rulings in
		accordance with the provisions of M.G.L. c. 25, § 5.
(2)
Oral Argument, When
		Made
. When, in the opinion of the presiding officer, time permits
		and the nature of the proceedings, the complexity or importance of the issuers
		of fact or law involved, and the motion or at the request of a party or staff
		counsel at or before the close of the taking of testimony, allow and fix a time
		for the presentation of oral argument, imposing such limits of time on the
		argument as deemed appropriate in the proceeding. Such argument shall be
		transcribed and bound with the transcript of testimony.
(3)
Briefs
. Briefs
		may be filed by a party either before or during the course of a hearing, or
		within such time thereafter as the presiding officer shall designate. Failure
		to file a brief shall in no way prejudice the rights of any party. The order of
		filing briefs after the hearing, including reply briefs, will be designated by
		the presiding officer.
(4)
Contents and Scope of Brief; Proposed Findings and
		Order
. Briefs may contain:
(a) A
		concise statement of the case;
(b)
		An abstract of the evidence relied upon by the party filing, with reference to
		the pages of record or exhibits where the evidence appears;
(c) Argument and authorities; and
(d) Proposed findings and conclusions and, if
		desired, a proposed form of order or rule.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.12 - Decisions

Current through Register 1525, July 5, 2024
All decisions of the Department shall be in writing and shall
		  be accompanied by a statement of reasons for the decision. A copy of the
		  decision and such statement of reasons shall be served on all parties pursuant
		  to
		  220 CMR
		  1.05(1).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 1.00 - Procedural Rules › Section 1.13 - Appeal from Department Decisions

Current through Register 1525, July 5, 2024
The Department shall notify all parties of their right to
		  appeal a final decision of the Department pursuant to M.G.L. c. 25, § 5,
		  and of the time limits on their rights to appeal.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 2.00 - Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings › Section 2.01 - Definition of Regulation

Current through Register 1525, July 5, 2024
220 CMR 2.00 governs the
		  procedures to be followed by the Department of Public Utilities (Department)
		  when adopting, amending, or repealing regulations. The term
regulation
shall be as defined in M.G.L. c. 30A,
		  § 1(5).
Regulation
does not, however, include
		  advisory rulings, rules relating to the internal management of the Department
		  and not directly related to the rights or procedures available to the public,
		  decisions rendered in adjudicatory proceedings, or the filing of tariffs, rate
		  schedules, terms, and, conditions, and regulations in connection
		  therewith.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 2.00 - Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings › Section 2.02 - Initiation of Action

Current through Register 1525, July 5, 2024
The Department may initiate an action on its own at any time to
		  adopt, amend, or repeal any regulation. Any interested person or his attorney
		  may at any time file with the Secretary of the Department a petition to adopt,
		  amend, or repeal any regulation or to issue an advisory ruling with respect to
		  the applicability to any person, property, or factual situation of any statute
		  or regulation enforced or administered by the Department. Petitions may be
		  filed and signed by electronic means pursuant to the Department's Electronic
		  Filing Guidelines. A paper filed electronically in compliance with the
		  Guidelines is a written paper or document for purposes of
		  220 CMR 2.00. Every petition
		  shall contain the following information:
(a) The name, address, and telephone number
		of the petitioner(s).
(b) If the
		petitioner is represented by counsel, the name, address, and telephone number
		of the attorney.
(c) The signature
		of the petitioner or counsel.
(d) A
		clear and concise statement of the facts underlying the petition, the nature of
		the petitioner's interest, and the basis for the requested relief and, in the
		case of a request for an advisory ruling, an affidavit or attestation that all
		of the facts presented are true to the best of the petitioner's
		knowledge.
(e) The complete text of
		the proposed regulation or, in the case of a request for an advisory ruling, a
		specific legal question.
(f) A
		reference to any applicable statute or legal authority.
(g) A prayer setting forth the relief
		sought.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 2.00 - Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings › Section 2.03 - Action on Petitions

Current through Register 1525, July 5, 2024
Upon receipt of a petition, the Department may proceed in
		  accordance with
		  220
		  CMR 2.04,
		  2.05,
		  or
		  2.08 or take any
		  other action the Department deems appropriate. The Department shall consider
		  all relevant information presented to it before adopting, amending or repealing
		  any regulation or issuing an advisory ruling. Any decision of the Department
		  shall be in writing and shall be accompanied by a statement of reasons for the
		  decision. A copy of the decision and such statement of reasons shall be served
		  on all interested persons by personal delivery or first-class
		  mail.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 2.00 - Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings › Section 2.04 - Procedure for the Adoption, Amendment, or Repeal of Regulations Where No Public Hearing Is Required

Current through Register 1525, July 5, 2024
(1)
Notice
.
(a) Notice
		of the proposed action to adopt, amend, or repeal regulations shall be given by
		the Department at least 21 days prior to its proposed action, unless some other
		time is specified by any applicable law. The Department shall publish the
		notice in at least one newspaper of general circulation, and where appropriate,
		in such trade, industry, or professional publications as the Department may
		select. The Department shall likewise notify in writing any person specified by
		any law and any person or group that has filed request for notice pursuant to
		220 CMR
		2.09.
(b) The notice shall contain the following:
1. The statutory authority under which the
		action is proposed.
2. The
		procedure for presenting written or oral comments.
3. The express terms or the substance of the
		proposed regulations.
4. Any
		additional matter as required by law.
220 CMR 2.04(1) notwithstanding, the Department shall also
		  comply with any applicable statute that contains provisions for notice that
		  differ from those contained in 220 CMR 2.04(1).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 2.00 - Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings › Section 2.05 - Procedure for the Adoption, Amendment, or Repeal of Regulations Where a Public Hearing Is Required

Current through Register 1525, July 5, 2024
(1)
Notice
.
(a) Notice
		of a public hearing shall be given at least 21 days prior to the date of the
		hearing, unless some other time is specified by any applicable law. The
		Department shall publish the notice in at least one newspaper of general
		circulation, and where appropriate, in such trade, industry, or professional
		publications as the Department may select. The Department shall likewise notify
		in writing any person specified by any law and any person or group which has
		filed written request for notice pursuant to
		220 CMR
		2.09.
(b) The notice shall contain the following:
1. The statutory authority under which the
		action is proposed.
2. The time and
		place of the public hearing.
3. The
		procedure for presenting written or oral comments.
4. The express terms or the substance of the
		proposed regulation.
5. Any
		additional matter required by any law.
220 CMR 2.05(1) notwithstanding, the Department shall also
		  comply with any applicable statute that contains provisions for notice that
		  differ from those contained in 220 CMR 2.05(1).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 2.00 - Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings › Section 2.06 - Availability of Regulation

Current through Register 1525, July 5, 2024
The Secretary of the Department shall be responsible for
		  keeping a book containing all the Department's regulations. All the regulations
		  of the Department shall be available for inspection during normal business
		  hours at the Department's offices. Copies of all regulations shall be available
		  to any person on request.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 2.00 - Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings › Section 2.07 - Filing of Regulation

Current through Register 1525, July 5, 2024
Upon the adoption of a regulation, an attested copy shall be
		  filed with the Office of the Secretary of the Commonwealth in accordance with
		  M.G.L. c. 30A, § 5. Pursuant to M.G.L. c. 30A, § 6, the regulation
		  shall take effect upon publication unless a later date is required by any law
		  or is specified by the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 2.00 - Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings › Section 2.08 - Advisory Ruling

Current through Register 1525, July 5, 2024
In response to a petition for an advisory ruling submitted
		  under
		  220 CMR
		  2.02, the Department may give notice and an
		  opportunity for written or oral comments and may issue an advisory
		  ruling.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 2.00 - Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings › Section 2.09 - Request for Notice of Hearings

Current through Register 1525, July 5, 2024
(1)
Who May File
. Any person or group may file a request
		in writing to receive notice of hearings or regulations that may affect such
		person or group.
(2)
Form of Request
. The request shall contain the
		following:
(a) Name of person or
		group;
(b) Address;
(c) Subject matter of regulations that may
		affect the person or group.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 5.00 - Tariffs, Schedules and Contracts (Other Than Carriers of Property by Commercial Motor Vehicle) › Section 5.01 - Scope of Application

Current through Register 1525, July 5, 2024
(1)
								220 CMR 5.00 shall apply to
		all electric, gas, and water companies and all common carriers, except carriers
		of property by motor vehicles under M.G.L. c. 159B and carriers engaged in the
		transmission of intelligence by electricity under M.G.L. c. 159.
(2) The term
Contracts
shall mean contracts for the sale of gas or
		electricity to which any gas company or electric company is a party and any
		contract for the sale of water to which a water company is a party, except
		contracts subject to M.G.L. c. 164, § 94A and except contracts for the
		sale of electricity subject to the jurisdiction of the Federal Energy
		Regulatory Commission.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 5.00 - Tariffs, Schedules and Contracts (Other Than Carriers of Property by Commercial Motor Vehicle) › Section 5.02 - Format of Tariffs, Schedules, and Contracts

Current through Register 1525, July 5, 2024
(1)
Form
. All
		tariffs, schedules, and contracts shall be typewritten, printed, or otherwise
		legibly duplicated on paper cut or folded to letter size, eight inches to 81/2
		inches by 101/2 inches to 11 inches. However, tariffs or schedules of express
		companies may be on 91/2 inch x 111/2 inch paper. The impression shall be on
		only one side of the paper, unless printed and bound. Tariffs filed pursuant to
		the Department's Electronic Filing Guidelines satisfy
		220 CMR 5.00.
(2)
Filing
.
(a) Two copies of all tariffs or schedules
		and two copies of all contracts will be filed with the Department, unless
		electronically filed pursuant to 220 CMR 5.02(2)(a). One copy of all tariffs,
		schedules or contracts subject to the jurisdiction of the Federal Energy
		Regulatory Commission shall be filed for the information of the Department.
Electronic Filing
. Papers may be filed
		  and signed by electronic means pursuant to the Department's Electronic Filing
		  Guidelines. A paper filed electronically in compliance with the Guidelines is a
		  written paper or document for purposes of
		  220 CMR 5.00. Letters pursuant
		  to
		  220 CMR 5.03(1) or
		  (3) may be filed
		  electronically.
(b) The
		filing of a tariff, rate schedule or terms, conditions or regulations in
		connection therewith shall not be considered the adoption of a regulation under
		220 CMR 2.00:
Rules
		for Adopting, Amending, or Repealing Regulations and for Issuing Advisory
		Rulings
.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 5.00 - Tariffs, Schedules and Contracts (Other Than Carriers of Property by Commercial Motor Vehicle) › Section 5.03 - Letters of Advice

Current through Register 1525, July 5, 2024
(1)
Letter
.
(a)
Transmittal Letter
. To avoid misunderstanding, tariffs
		or schedules should be accompanied by a letter of transmittal addressed to the
		Director of the Rates Division of the Department, showing the name of issuing
		party, individual number, and effective date. The Letter of Advice should be
		sent in duplicate, and one copy shall be stamped and returned to the sender to
		show the date of filing. Duplicates are not required for Letters of Advice
		filed pursuant to the Department's Electronic Filing Guidelines.
(b)
Letter of
		Explanation
. All tariffs and schedules at time of filing shall be
		accompanied by a letter of explanation, which letter shall set forth in
		whatever detail is necessary the total amount of the increase or reduction in
		charges proposed by the new schedule and the effect by comparison with
		customers' charges under the existing rate schedule. The letter of explanation
		shall indicate the effect on the billings of the customers served under the
		various rate classifications affected. This letter of explanation shall be in
		addition to the letter of transmittal referred to in 220 CMR
		5.03(1)(a).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 5.00 - Tariffs, Schedules and Contracts (Other Than Carriers of Property by Commercial Motor Vehicle) › Section 5.04 - Posting of Rates

Current through Register 1525, July 5, 2024
(1)
Electric, Gas, and Water Companies
. All rates, charges
		and prices set forth in tariffs or schedules filed by a person or company
		engaged in the distribution and sale of gas, electricity, or water in
		accordance with the above rules and regulations shall be printed, and copies
		thereof shall be made available at their offices.
(2)
Common Carriers
.
		Common carriers of passengers and street railway companies shall, at time of
		filing proposed increased fares, post notices of same in their buses and their
		terminals. This notice shall be posted at least 30 days prior to the effective
		date of the proposed fare change and shall set forth in reasonable detail the
		extent and effect of the proposed fare change. A copy of this notice shall be
		submitted to the Department at the time of filing the new tariff.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 5.00 - Tariffs, Schedules and Contracts (Other Than Carriers of Property by Commercial Motor Vehicle) › Section 5.05 - Dates

Current through Register 1525, July 5, 2024
All matters required to be filed by
		  220 CMR 5.00 shall be deemed
		  to have been filed on the date of receipt by the Department. With respect to
		  electronic filings, the document is filed on the date the Department receives
		  the electronic filing if it is received during normal business hours. If the
		  document is electronically filed on a weekend, holiday, or during hours when
		  the Department is closed, the document will be deemed filed on the date when
		  the Department is next open for business.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 5.00 - Tariffs, Schedules and Contracts (Other Than Carriers of Property by Commercial Motor Vehicle) › Section 5.06 - Notice of General Rate Increases to Customers of Gas, Electric, and Water Companies

Current through Register 1525, July 5, 2024
(1) When any public
		utility makes application to the Department of Public Utilities for a general
		increase in rates pursuant to M.G.L. c. 159, §§ 19 and 20, or M.G.L.
		c. 164, § 94, it shall publish notice of such filing in a newspaper(s) of
		general circulation to be specified by the Department. This publication shall
		constitute legal notice pursuant to M.G.L. c. 159, §§ 19 and 20, or
		M.G.L. c. 164, § 94.
(2) The
		newspaper notice shall be no smaller than 1/4 page (in width and length of one
		full sheet) and shall contain the following information in a format prescribed
		by the Department or, subject to Department approval, the Company may use an
		alternative format of its choosing:
(a) total
		dollar amount of rate increase;
(b)
		total percentage increase in annual revenues;
(c) typical bill impact of proposed increase:
1. for heating and nonheating residential
		customers of electric companies;
2.
		for heating and nonheating residential customers of gas companies; or
3. for residential water use.
(d) a statement indicating that
		the Department has suspended the effective date for the proposed increase until
		the specified date in order to conduct an investigation of its propriety (if
		applicable);
(e) place, date, and
		time of public hearing;
(f) company
		telephone number that can be called for further information;
(g) mailing address of the Department for the
		submission of written comments.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
		  220 CMR 6.00 is to establish a
		  procedure that allows gas companies subject to the jurisdiction of the
		  Department of Public Utilities (Department) to adjust, on a semi-annual basis,
		  their rates for firm gas sales in order to recover costs of firm sendout gas,
		  to reflect the seasonal variation in the cost of gas, and to credit all nonfirm
		  sales margins and supplier refunds to firm ratepayers.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.02 - Applicability

Current through Register 1525, July 5, 2024
This standard Cost of Gas Adjustment Clause (CGAC) shall be
		  applicable to all Massachusetts gas companies and all firm gas sales made by
		  such companies. The application of the clause may, for good cause shown, be
		  modified by the Department. See
		  220 CMR 6.12, "Other
		  Rules."
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.03 - Cost of Firm Gas Allowable for CGAC

Current through Register 1525, July 5, 2024
All costs of firm gas including, but not limited to, commodity
		  costs, demand charges, transportation fees, and costs associated with buyouts
		  of existing contracts may be included in the CGAC. Any costs recovered through
		  application of the CGAC shall be identified and explained fully in the annual
		  filing outlined in
		  220 CMR
		  6.11. Nonfirm gas costs and the costs of gas
		  for company use that are reflected in base rates are not recoverable through
		  the clause.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.04 - Effective Date of Gas Adjustment Factor (GAF)

Current through Register 1525, July 5, 2024
The date on which the seasonal GAFs become effective will be
		  the first day of each season as designated by each company. Unless otherwise
		  notified by the Department, the gas companies shall submit GAF filings as
		  outlined in
		  220 CMR
		  6.11 at least 45 days before they are to take
		  effect.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.05 - Definitions

Current through Register 1525, July 5, 2024
The following terms shall be as defined in 220 CMR 6.05, unless
		  the context requires otherwise.
Base Gas Supply
is, unless otherwise
		  approved by the Department, the gas supplies procured by a company primarily to
		  serve the year-round firm load level associated with the off-peak
		  period.
Off-peak Season
is the complementary
		  summer season as designated by each company.
Original Embedded Gas Costs
are gas
		  costs embedded in base rates as set in a rate case.
Peak Season
is the winter heating
		  season as designated by each company and approved by the Department.
Per-unit Supplemental Margin
is the
		  difference between the total (per-unit commodity and demand) weighted average
		  cost of supplemental gas supplies and the weighted average base gas commodity
		  cost.
Supplemental Gas Supply
is, unless
		  otherwise approved by the Department, the gas supplies procured by a company
		  primarily to augment base gas supplies in meeting firm load requirements during
		  the peak season.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.07 - Gas Suppliers' Refunds - Account 242.1

Current through Register 1525, July 5, 2024
Refunds from suppliers of gas and feed stocks are credited to
		  Account 242.1, "Undistributed Gas Suppliers' Refunds." Transfers from this
		  account as a credit in the semi-annual calculation of the base GAF shall be as
		  follows.
Refund programs shall be initiated with each semi-annual GAF
		  filing and shall remain in effect for a period of one year. The total dollars
		  to be placed into a given refund program shall be the net of over/under-returns
		  from expired programs plus monies received from suppliers since the previous
		  program was initiated. Monies to be refunded through each program shall be
		  distributed volumetrically, producing per-unit refund factors that will return
		  the principal amount with interest as calculated using the Bank of America's
		  prime lending rate. Each company shall track and report on all Account 242.1
		  activities as specified in
		  220 CMR
		  6.11.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.08 - Reconciliation Adjustments - Account 175

Current through Register 1525, July 5, 2024
(1)
		The following definitions pertain to reconciliation adjustment calculations.
(a) Gas Costs Allowable Per Base Formula
		shall be:
1. Total commodity cost of the base
		gas sendout.
2. Total demand
		charges associated with the base gas supply less the demand charge reallocation
		(Dao - as defined in
		220 CMR
		6.06 ), less demand charges associated with
		storage injections and liquefactions.
3. Supplemental gas costs (S - as defined in
		220 CMR
		6.06 ) less the supplemental margin (SM - as
		defined in
		220 CMR
		6.06 ).
4. Base Account 175.1, interest
		charges.
5. A credit in the amount
		of actual nonfirm margins realized.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.09 - Application of GAFs to Bills Without Seasonally Differentiated Base Rates

Current through Register 1525, July 5, 2024
Companies that have not yet implemented seasonally
		  differentiated base rates shall employ the GAFs as follows. The off-peak season
		  rates to customers shall be calculated by adding the off-peak GAF (summer base
		  GAF) to the base rate for each rate class. The peak season rates shall be
		  calculated by adding the peak GAF (winter base GAF plus supplemental GAF) to
		  the base rate for each rate class. The seasonal GAFs ($/therm or CCF) shall be
		  calculated to the nearest hundredth of a cent per unit.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.10 - Application of GAF to Bills With Seasonally Differentiated Base Rates

Current through Register 1525, July 5, 2024
Companies with seasonally-differentiated base rates shall
		  calculate bills to customers in accordance with
		  220
		  CMR 6.09 except that GAFs shall be computed
		  using seasonal embedded gas costs as determined in a company's last general
		  rate case.
Companies for which seasonal embedded costs have not been
		  determined in a rate case, but whose base rates are seasonally differentiated,
		  shall calculate seasonal embedded costs. This shall be accomplished by
		  disaggregating the nonseasonal embedded gas cost figure as set in a company's
		  last rate case into appropriate Peak Embedded Gas Cost and Off-peak Embedded
		  Gas Cost components, subject to the approval of the
		  Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.11 - Information Required to be Filed with the Department

Current through Register 1525, July 5, 2024
Information pertaining to the cost of gas adjustment shall be
		  filed with the Department in accordance with the standardized forms provided by
		  the Department. Required filings include a monthly report which shall be
		  submitted to the Department on the 20th of each month, and a semi-annual GAF
		  filing which shall be submitted to the Department at least 45 days before the
		  date on which a new GAF is to be effective. Additionally, each company shall
		  file with the Department a complete list by (sub)account of all gas costs
		  claimed as recoverable through the CGAC over the previous year, as included in
		  the annual reconciliation. This information shall be submitted with each winter
		  season GAF filing, along with complete documentation of the reconciliation
		  adjustment calculations.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.12 - Other Rules

Current through Register 1525, July 5, 2024
(1) The Department
		may where appropriate, on petition or on its own motion, grant an exception
		from the provisions of
		220 CMR 6.00, upon such terms
		that it may determine to be in the public interest.
(2) A gas company may, at any time, file with
		the Department an amended GAF. An amended GAF filing must be submitted seven
		business days before the first billing cycle of the month in which it is
		proposed to take effect.
(3) The
		Department may at any time require a gas company to file an amended
		GAF.
(4) The operation of the cost
		of gas adjustment clause is subject to all powers of suspension and
		investigation vested in the Department by M.G.L. c. 164.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 6.00 - Standard Cost of Gas Adjustment Clause › Section 6.13 - Customer Notification

Current through Register 1525, July 5, 2024
Each company will design a notice which explains in simple
		  terms to customers the GAF, the nature of any change in the GAF and the manner
		  in which the GAF is applied to the bill. The company will submit this notice
		  for approval at the time of each GAF filing.
Upon approval by the Department, the company must immediately
		  distribute these notices to all of its customers either through direct mail or
		  with its bills.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 7.00 - Residential And Commercial Energy Conservation Service Program Cost Recovery › Section 7.01 - Definitions

Current through Register 1525, July 5, 2024
Under
		  220 CMR 7.00, the following
		  words and phrases shall have the following meanings, unless the context
		  requires otherwise:
Department
. The Department of Public
		  Utilities.
Energy Efficiency Guidelines
. Energy
		  Efficiency Guidelines promulgated by the Department that set forth the
		  requirements applicable to Program Administrators in the filing of their
		  Three-year Plans and the standards by which the Department will review energy
		  efficiency plans and reports.
Program Administrator
. Any electric or
		  gas company, as defined in M.G.L. c. 164, § 1, or any municipal aggregator
		  with a certified energy efficiency plan pursuant to M.G.L. c. 164, §
		  134(b).
RCS
.The Massachusetts residential
		  conservation service program as established by M.G.L. c. 164,
Appendix
, §§ 2-1 through 2-10.
Three-year Plan
. An efficiency
		  investment plan prepared by a Program Administrator and submitted to the
		  Department pursuant to M.G.L. c. 25, § 21.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 7.00 - Residential And Commercial Energy Conservation Service Program Cost Recovery › Section 7.02 - Three-year Plan Filing

Current through Register 1525, July 5, 2024
A Program Administrator shall satisfy the requirements of
		  M.G.L. c. 164 ,
Appendix
, § 2-7(b) by including its RCS
		  program and budget as a part of its Three-year Plan. The Program Administrator
		  shall make such filing in the following manner.
(1) In accordance with M.G.L. c. 25, §
		21(d)(1), every three years on or before October
		31st, each Program Administrator shall file with the
		Department a Three-year Plan that includes a description of the Program
		Administrator's proposed RCS program and operating budget for the three-year
		term beginning on January 1st of the subsequent
		year. Said operating budget shall include the funding and expenses that the
		Program Administrator will need to carry out the RCS portion of the Three-year
		Plan during the forthcoming three-year term.
(2) Program Administrators shall provide the
		following information:
(a) RCS as a separate
		line item in all budgets tables;
(b) A comparison between the actual RCS
		spending and the proposed RCS budget for the previous three-year term;
		and
(c) Any additional information
		the Department may require during the Three-year Plan review process.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 8.00 - Sales Of Electricity By Qualifying Facilities And On-site Generating Facilities To Distribution Companies, And Sales Of Electricity By Distribution Companies To Qualifying Facilities And On-site Generating Facilities › Section 8.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose:
220 CMR 8.00 establishes
		regulations governing the rates, terms, and conditions of sales of electricity
		by qualifying facilities and on-site generating facilities to distribution
		companies. Similarly,
		220 CMR 8.00 establishes
		regulations governing the rates, terms, and conditions of sales of electricity
		by distribution companies to qualifying facilities and on-site generating
		facilities.
		220 CMR 8.00 also establishes
		regulations:
(a) for the interconnection of
		qualifying facilities and on-site generating facilities to distribution company
		systems;
(b) for the metering of
		qualifying facilities and on-site generating facilities; and
(c) regarding payment to qualifying
		facilities and on-site generating facilities.
220 CMR 8.00 implements the
		  provisions of the Public Utility Regulatory Policies Act of 1978 (PURPA), Title
		  II, Sections 201 and 210, and regulations promulgated by the Federal Energy
		  Regulatory Commission (FERC) in 18 C.F.R. 292 (Section 292).