Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.30 - Tariffs - Suspension › Rule 38.3.3001 - SUSPENSION OF TARIFFS

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of
				order of suspension of any publication in its entirety the carrier or agent who
				filed such publication shall immediately file with the Commission a supplement,
				which must not bear an effective date, quoting the pertinent portions of the
				Commission's order of suspension which describe the publication suspended and
				stating that such publication is under suspension and may not be used until
				such specified date as the suspension order of the commission may name and that
				rates, charges, classifications, rules, regulations, or practices theretofore
				in effect and which were to be changed by the suspended publication will remain
				in effect until lawfully changed. Such supplement shall state by PSC number or
				numbers the tariff or tariffs, or supplements thereto, or revised pages where
				rates, charges, classifications, rules, regulations, or practices so continued
				in effect will be found. The paragraph of the Commission's order prohibiting
				changes in the suspended matter shall be reproduced in the suspension
				supplement.
(2) Upon receipt of
				order of suspension of a part of a publication which, except as to such part,
				is allowed to become effective, the carrier or agent who filed such publication
				shall immediately file with the Commission a supplement, which must not bear an
				effective date, quoting the pertinent portions of the Commission's order of
				suspension which describe the matter suspended and stating that the part or
				parts of such publication specified in the order are under suspension and may
				not be used until such specified date as the suspension order of the Commission
				may name, and that rates, charges, classifications, rules, regulations, or
				practices theretofore in effect and which were to be changed by the suspended
				publication will remain in effect until lawfully changed. Such supplement shall
				also contain in reissued items the rates, charges, classifications, rules,
				regulations, or practices applicable during the period of suspension or shall
				give specific reference, by PSC number or numbers, to the tariff or tariffs, or
				supplements thereto, or revised pages where they will be found. The paragraph
				of the Commission's order prohibiting changes in the suspended matter shall be
				reproduced in the suspension supplement.
(3) When the Commission has suspended a
				supplement in whole or in part it frequently occurs that prior to the filing of
				the supplement announcing suspension a carrier or its agent files a later
				supplement which contains, as reissues, the matter suspended in the previous
				supplement. In such instances the suspension supplement required by this rule
				shall also specifically cancel from the later supplement such reissued matter,
				and by amendment to the title page of said later supplement shall eliminate the
				cancellation of the suspended supplement when the latter is suspended in full,
				and when a supplement is suspended in part shall provide that such later
				supplement cancels such previous supplement except portions under suspension.
				Tardiness in filing supplements announcing suspension may result in the
				rejection by the Commission of the supplement which cancels the suspended
				matter.
(4) When the Commission
				suspends an entire tariff, the previous tariff and effective supplements are
				continued in effect and will remain in force during the period of suspension or
				until lawfully cancelled or reissued. Except as to loose-leaf tariffs and
				tariffs of less than five pages, supplements containing additions and/or
				changes in rates, charges, classifications, rules, regulations, or practices
				which were not sought to be changed by the suspended tariff may be filed to the
				previous tariff without regard to the volume of supplemental matter which the
				effective supplements in the aggregate may contain. If the volume of
				supplemental matter permitted by ARM
				38.3.2807 has been exceeded under
				authority of this paragraph and the Commission orders the cancellation of the
				suspended tariff, the volume of supplemental matter must be brought within the
				requirements of ARM
				38.3.2807 by schedule filed within
				90 days, or such tariff must be reissued in accordance with the following
				provisions: If consisting of less than 100 pages, by schedule filed within 90
				days, and if consisting of 100 or more pages, by schedule filed within 120
				days, from the date upon which the suspended tariff is cancelled.
(5) When the Commission suspends an entire
				supplement to a tariff, or portions of a tariff or of a supplement to a tariff,
				the Commission's rule as to the volume of supplemental matter which the
				effective supplements in the aggregate may contain is not waived, except that a
				supplement containing suspended matter will not be counted against the number
				of effective supplements or the volume of supplemental matter permitted to such
				tariff under ARM 38.3.2807, provided all matter in such supplement, except the
				suspended portions thereof, are reissued in or specifically cancelled by a sub-
				sequent supplement. When a tariff (or supplement) which is suspended in part is
				reissued, such reissue shall cancel the tariff (or supplement) containing the
				suspended matter "except portions under suspension in I. and S. docket No.
				___." When a tariff which is suspended in part is reissued, such reissue shall
				also cancel the tariff containing the matter which is contained in effect by
				the suspension. When a tariff, as to which a supplement is suspended in whole
				or in part, is reissued, the reissue shall cancel the tariff "except portions
				under suspension in supplement No. ___ (or in item No. ___ of supplement No.
				___) in I. and S. docket No. ___" and shall reissue the matter which is
				continued in effect by the suspension.
(6) A suspended rate, charge, classification,
				rule, regulation, or practice may not be changed or withdrawn or the effective
				date thereof further deferred except by order or special permission of the
				Commission, nor may any change be made in a rate, charge, classification, rule,
				regulation, or practice which is continued in effect as a result of such
				suspension except under order or special permission of the
				Commission.
(7) When the Commission
				vacates an order of suspension as of a date earlier than the date to which
				suspended, the carrier or agent who filed such suspended tariff, supplement, or
				revised page may file with the Commission, on not less than one day's notice,
				unless otherwise provided by the order, a supplemental stating the date upon
				which, under authority of the vacating order, the tariff supplement, revised
				page, item, rate, charge, classification, rule, regulation, or practice will
				become effective. Unless such supplement is filed naming an earlier date than
				the date to which suspended, the suspended schedule will become effective on
				the date to which suspended.
(8)
				When an order which suspended a tariff in its entirety is vacated, the vacating
				supplement filed under authority of this rule, if made effective on or before
				the date to which the tariff is suspended, may also include as reissues,
				changes or additions which have been lawfully established in supplements to the
				former tariff. If a new tariff has been filed during the period of suspension,
				cancelling the tariff proposed to be cancelled by the suspended tariff any
				changes or additions published in the new tariff which are not included in the
				suspended tariff may be included in the vacating supplement as reissued items,
				provided the vacating supplement also cancels such new tariff. No other matter
				may be included in vacating supplements. When reissued matter is published in a
				vacating supplement, the vacation notice must be printed in not less than
				10-point type, either on the title page or immediately preceding the rate
				information.
(9) When a tariff
				containing suspended matter has been cancelled by a new tariff, except as to
				portions under suspension, and the Commission vacates its suspension order
				effective on a date subsequent to the effective date of the new tariff, a
				supplement must be filed to the new tariff effective on not less than one day's
				notice, republishing and establishing the suspended matter and cancelling the
				matter which was effective during the period of suspension, also cancelling the
				matter under suspension in the former issue. Unless this is done the matter
				which was suspended will not become applicable, as the effective matter in the
				new tariff remains in effect until cancelled. When the Commission vacates its
				suspension order effective on a date prior to the effective date of the new
				tariff, a vacating supplement, as prescribed in this section, should be filed
				to the old tariff and a supplement should also be filed to the new tariff on
				not less than one day's notice, establishing therein on the effective date
				thereof matter which was under suspension in the old tariff. A common
				supplement to both tariffs as authorized by ARM
				38.3.2809 may be issued upon not
				less than one day's notice to accomplish this purpose.
(10) When the Commission orders the
				cancellation of a tariff, supplement, revised page, item, rate, charge,
				classification, rule, regulation, or practice theretofore suspended by it, the
				cancellation shall be effected by filing with the Commission upon not less than
				one day's notice, unless otherwise provided by the order, a supplement stating
				the date upon which in accordance with the commission's order said rate,
				charge, classification, rule, regulation, or practice is cancelled; except
				that, when desired, such cancellation may be accomplished in a new tariff
				cancelling the tariff containing the suspended matter. When an order of the
				Commission requires the cancellation of suspended matter on or before a date
				which is subsequent to the date to which suspended, carriers should endeavor to
				make the cancellation effective prior to the date to which the matter was
				suspended, in order to prevent the rates which have been found not justified
				from becoming effective. If the suspended matter is not cancelled on or before
				the date to which suspended it will be necessary, when cancelling the suspended
				matter, to republish and reestablish the matter continued in force during the
				period of suspension.
(11) Every
				suspension, vacating, and cancellation supplement issued under authority of
				this rule must bear on its title page the following notation: "Issued under
				authority of ARM
				38.3.3001 and in compliance with
				order of the Montana Public Service Commission, Suspension Docket No. ___, of
				(date) ___."
(12) Such supplements
				will not be counted against the number of effective supplements or the volume
				of supplemental matter permitted under ARM 38.3.2807, but must list effective
				supplements as required by ARM
				38.3.2804.
(13) The provisions of this rule relating to
				suspension, vacating, and cancellation supplements will also govern in
				connection with tariffs issued in loose-leaf form, except that such supplements
				must not contain rates, charges, classifications, rules, regulations, or
				practices. All changes made in loose-leaf tariffs must be published on revised
				pages.
Sec.
					 69-12-201,
					 MCA; IMP, Title 69, Chapter 12, Part 5,
					 MCA;