West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-10 - Comm Review Of Electric, Natural Gas Cooperatives And Municipal Rate Change › Section 150-10-2 - Rate-Making And Appeal Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Procedure to be followed by electric
				cooperatives,
natural gas cooperatives,
telephone
				cooperatives and municipalities for changing utility rates:
(a) All rates and charges set by electric
				cooperatives,
natural gas cooperatives,
telephone
				cooperatives and municipally operated public utilities shall be just,
				reasonable, applied without unjust discrimination or preference and based
				primarily on the costs of providing these services.
(b) All such utility rates and charges are to
				be on file with the Commission at all times.
(c)
Following the adoption of
				rates, the utility must provide its customers with notice of the proposed rate
				change in order to allow the filing of timely objections to such rate changes
				with the Commission. The utility shall choose one of the following three
				methods to provide- such service:
(1)
Notice of the proposed rate
				change may be specified on the monthly billing statement of the customers, of
				such utility. The notice must conform _with Municipal Rate Change Form No. 1,
				or Cooperative Rate Change Form No. 1, attached to these rules. ...The notice
				must be provided to all customers within five (5) days after the adoption of
				the ordinance or resolution approving said rate change.
(2)
Notice of the proposed rate
				change may be provided to all-customers by First Class Mail, within five (5)
				days after the adoption of the municipal ordinance or
'
resolution approving said rate change. The notice must conform with
				Municipal - -Rate Change Form No. .1, or Cooperative Rate Change Form No. 1,
				attached to these rules.
(3)
Notice of the proposed rate
				change may be provided by causing to be published, within five (5) days after
				the adoption of the ordinance or resolution approving said rate change, in a
				qualified newspaper of general circulation in the service area of the utility
				the following:
(i)
a press release that announces the adoption of the proposed rate change and
				contains the substance of Municipal Rate Change Form No.1 or Cooperative Rate
				Change Form No. 1; and,
(ii)
a Class II Legal
				Advertisement that conforms
with
Municipal Rate Change Form No. 1, or
				  Cooperative
Rate
Change Form No. 1.
The
				  first publication must occur
with five (5) days after
				  adoption of the rate change.
(4)
In addition to providing
				notice by one of the foregoing methods, the utility must also post notice of
				the proposed rate change in a conspicuous place at the utility's business
				premises beginning at least five (5) days prior to the .meeting where the rate
				change is proposed to be adopted and continuing through the thirty (3 0) day
				appeal period provided by West Virginia Code § 24-2-4 b. The posted notice
				must conform with Municipal Rate Change Form No.1 or Cooperative Rate Change
				Form No. 1.
(d) All changes in electric cooperative,
natural gas cooperative,
telephone cooperative or
				municipal utility rates and charges are to be accomplished by the adoption of a
				legally valid governing board resolution or municipal ordinance, in accordance
				with the provisions of 8-11-4, 8-20-10, 16-13-16 or any other applicable West
				Virginia Code provision, or by a provision of a municipal or cooperative
				charter, whichever is appropriate in the particular case.
(e) The utility is to set the date when such
				a resolution or municipal ordinance shall take effect; however, in no event
				shall the resolution or ordinance be effective sooner than forty-five (45) days
				after adoption.
(f) Within
five (5)_
days after the.. adoption of a resolution or
				ordinance changing a utility rate or charge, the electric cooperative,
				telephone cooperative or municipality shall file with the Secretary of the
				Public Service Commission:
(1) the new rates
				or charges;
(2) the applicable
				resolution or ordinance;
(3) the
				justification for such resolution or ordinance, including, but not limited to a
				proforma income statement showing the cost of providing service and revenues to
				be generated by the new rates or charges;
(4)
an affidavit of publication
				of the utility's legal publication made pursuant to West Virginia Code
				§§8-11-4, 8-20-10, 16-13-16 or any other applicable West Virginia
				Code provision which were made prior to adoption of the proposed
				rates;
(5)
documentation reflecting the notice of intent to effect a rate
				change provided by the utility to its
..
customers,
				members and/or stockholders pursuant to § 24-2-4 b of the West Virginia
				Code and §150.10-2.1(0) of the Rule, If the notice was provided by
				newspaper publication, the utility must, within twenty (20) days after adoption
				of the rate change, file a verification that a press release was published and
				an affidavit of ..publication of the legal notice; and,
(6) the correct number of customers served by
				the utility, as determined by the number of bills rendered in the billing cycle
				last completed before the adoption of the resolution or ordinance. A Rule 42
				exhibit is not required to be filed by the utility in cases subject to this
				rule..
(g) Electric
				cooperatives, natural gas cooperatives, telephone cooperatives and municipal
				utilities shall promptly provide information about the correct number of
				customers, members or stockholders to any such customer, member or stockholder
				requesting this information.