North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 4 - FILING OF TRANSPORTATION TARIFFS › Section 11 R04-05 - FILING SUPPLEMENTS ON SUSPENSION MATTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				receipt of an order of suspension of any publication in part or in its
				entirety, the carrier who filed such publication shall immediately file with
				the Commission a consecutively numbered supplement which must not bear an
				effective date, quoting in full the Commission's order of suspension. Such
				supplement shall give specific reference by N.C.U.C. number or tariff serial
				number or numbers to the tariff or tariffs, schedule or schedules or
				supplements thereto or revised pages where rates, fares, charges,
				classifications, rules, regulations or practices so continued in effect will be
				found.
(b) If prior to the filing
				of the supplement announcing suspension a carrier files a later supplement
				which contains as reissues, the matter suspended in the previous supplement,
				the suspension supplement shall also specifically suspend such reissued
				matter.
(c) When a schedule, tariff
				(or supplement) which is suspended in part is reissued, such reissue shall
				cancel the schedule, tariff (or supplement) containing the suspended matter
				"except portions under suspension in docket No. . . ." When a schedule or
				tariff which is suspended in part is reissued, such reissue shall also cancel
				the schedule or tariff containing the matter which is continued in effect by
				reason of the suspension. When a schedule or tariff, as to which a supplement
				is suspended in whole or in part, is reissued, the reissue shall cancel the
				schedule or tariff "except portions under suspension in supplement No. . . .
				(or in item No. . . . of supplement No. . . .) in Docket No. . . ." and shall
				reissue the matter which is continued in effect by the suspension.
(d) A suspended rate, fare, 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				classification, rule, regulation, or practice may not be changed or withdrawn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, fare,
				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.
(e) When the
				Commission vacates an order of suspension as of a date earlier than the date to
				which suspended, the carrier who filed such suspended schedule, 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 supplement stating the
				date upon which, under authority of the vacating order, the schedule, tariff,
				supplement, revised page, item, rate, fare, 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 matter
				will become effective on the date to which suspended.
(f) When an order which suspended a schedule
				or tariff in its entirety is vacated, the vacating supplement, if made
				effective on or before the date to which the schedule or tariff is suspended,
				may also include as reissues, changes or additions which have been lawfully
				established in supplements to the former schedule or tariff. If a new schedule
				or tariff has been filed during the period of suspension, canceling the
				schedule or tariff proposed to be canceled by the suspended schedule or tariff
				any changes or additions published in the new schedule or tariff which are not
				included in the suspended schedule or tariff may be included in the vacating
				supplement as reissued items, provided the vacating supplement also cancels
				such new schedule or tariff. No other matter may be included in vacating
				supplements.
(g) When a schedule or
				tariff containing suspended matter has been canceled by a new schedule or
				tariff, except as to portions under suspension, and the Commission vacates its
				suspension order in its entirety effective on a date subsequent to the
				effective date of the new schedule or tariff, a supplement must be filed to the
				new schedule or tariff effective on not less than one day's notice,
				republishing and establishing the suspended matter and canceling the matter
				which was effective during the period of suspension, also canceling 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
				schedule or tariff remains in effect until canceled. When the Commission
				vacates its suspension order effective on a date prior to the effective date of
				the new schedule or tariff, a vacating supplement, as prescribed in this order,
				should be filed to the old schedule or tariff and a supplement should also be
				filed to the new schedule or tariff on not less than one day's notice,
				establishing therein on the effective date thereof, matter which was under
				suspension in the old schedule or tariff.
(h) When the Commission orders the
				cancellation of a schedule or tariff, supplement, revised page, item, rate,
				fare, 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, fare, charge, classification, rule, regulation,
				or practice is canceled; except that, when desired, such cancellation may be
				accomplished in a new schedule or tariff canceling the schedule or 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 canceled on or before the date to which
				suspended, it will be necessary, when canceling the suspended matter, to
				republish and reestablish the matter continued in force during the period of
				suspension.
(i) These provisions
				relating to suspension, vacating, and cancellation supplements will also govern
				in connection with schedules or tariffs issued in loose-leaf form, except that
				such supplements must not contain rates, fares, charges, classifications,
				rules, regulations, or practices. All changes made in loose-leaf schedules or
				tariffs must be published on revised pages.
NCUC Docket No. T-100,
				  Sub 49, 01/09/04.