reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-8 - Allocation of Unusable Space Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. With respect
				to the applicable formula referenced in Rule 5.4.2, a utility shall apportion
				the cost of providing unusable space on a pole so that such apportionment
				equals two-thirds (2/3) of the costs of providing unusable space that would be
				allocated to such entity under an equal apportionment of such costs among all
				attaching entities.
8.2. All
				attaching entities attached to the pole shall be counted for purposes of
				apportioning the cost of unusable space.
8.3. Utilities may use the following
				rebuttable presumptive averages when calculating the number of attaching
				entities with respect to the applicable formula referenced in Rule 5.4.2. For
				non-urbanized service areas (under 50,000 population), a presumptive average
				number of attaching entities of three. For urbanized service areas (50,000 or
				higher population), a presumptive average number of attaching entities of five.
				If any part of the utility's service area within the state has a designation of
				urbanized (50,000 or higher population) by the Bureau of Census, United States
				Department of Commerce, then all of that service area shall be designated as
				urbanized for purposes of determining the presumptive average number of
				attaching entities.
8.4. A utility
				may establish its own presumptive average number of attaching entities for its
				urbanized and non-urbanized service area as follows:
8.4.1. Each utility shall, upon request,
				provide all attaching entities and all entities seeking access the methodology
				and information upon which the utility's presumptive average number of
				attachers is based.
8.4.2. Each
				utility is required to exercise good faith in establishing and updating its
				presumptive average number of attachers.
8.4.3. The presumptive average number of
				attachers may be challenged by an attaching entity by submitting information
				demonstrating why the utility's presumptive average is incorrect. The attaching
				entity should also submit what it believes should be the presumptive average
				and the methodology used. Where a complete inspection is impractical, a
				statistically sound survey may be submitted.
8.4.4. Upon successful challenge of the
				existing presumptive average number of attachers, the resulting data determined
				shall be used by the utility as the presumptive number of attachers within the
				rate formula.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-9 - Use of presumptions in calculating the space factor

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. With respect
				to the formulas referenced in Rules 5.4.1, 5.4.2.a and 5.4.2.b, the space
				occupied by an attachment is presumed to be one foot. The amount of usable
				space is presumed to be 13.5 feet. The amount of unusable space is presumed to
				be 24 feet. The pole height is presumed to be 37.5 feet. These presumptions may
				be rebutted by either party.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-10 - Timeline for access to utility poles

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Definitions.
10.1.1. The term "attachment" means any
				attachment by a cable television system or provider of telecommunications
				service to a pole owned or controlled by a utility.
10.1.2. The term "new attacher" means a cable
				television system or telecommunications carrier requesting to attach new or
				upgraded facilities to a pole owned or controlled by a utility.
10.1.3. The term "existing attacher" means
				any entity with equipment on a utility pole.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-11 - Contractors for survey and make-ready

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Contractors
				for self-help complex and above the communications space make-ready. A utility
				shall make available and keep up-to-date a reasonably sufficient list of
				contractors it authorizes to perform self-help surveys and make-ready that is
				complex and self-help surveys and make-ready that is above the communications
				space on its poles. The new attacher must use a contractor from this list to
				perform self-help work that is complex or above the communications space. New
				and existing attachers may request the addition to the list of any contractor
				that meets the minimum qualifications in Rules 11.3 through 11.3.5 and the
				utility may not unreasonably withhold its consent.
11.2. Contractors for simple work. A utility
				may, but is not required, to keep up-to-date a reasonably sufficient list of
				contractors it authorizes to perform surveys and simple make-ready. If a
				utility provides such a list, then the new attacher must choose a contractor
				from the list to perform the work. New and existing attachers may request the
				addition to the list of any contractor that meets the minimum qualifications in
				Rules 11.3 through 11.3.5 and the utility may not unreasonably withhold its
				consent.
11.2.1. If the utility does not
				provide a list of approved contractors for surveys or simple make-ready or no
				utility-approved contractor is available within a reasonable time period, then
				the new attacher may choose its own qualified contractor that meets the
				requirements in Rule 11.3. When choosing a contractor that is not on a
				utility-provided list, the new attacher must certify to the utility that its
				contractor meets the minimum qualifications described in Rule 11.3 when
				providing notices required by Rules 10.9.1.b, 10.9.2.a, 10.10.3.a, and
				10.10.4.
11.2.2. The utility may
				disqualify any contractor chosen by the new attacher that is not on a
				utility-provided list, but such disqualification must be based on reasonable
				safety or reliability concerns related to the contractor's failure to meet any
				of the minimum qualifications described in Rule 11.3 or to meet the utility's
				publicly available and commercially reasonable safety or reliability standards.
				The utility must provide notice of its contractor objection within the notice
				periods provided by the new attacher in Rules 10.9.1.b, 10.9.2.a, 10.10.3.a,
				and 10.10.4 and in its objection must identify at least one available qualified
				contractor.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-12 - Complaints by incumbent local exchange carriers

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A complaint
				by an incumbent local exchange carrier (as defined in
				47 U.S.C. §
										251(h)) or an association of
				incumbent local exchange carriers alleging that it has been denied access to a
				pole, duct, conduit, or right-of-way owned or controlled by a local exchange
				carrier, or that a utility's rate, term, or condition for a pole attachment is
				not just and reasonable shall follow the same complaint procedures specified
				for other pole attachment complaints in these rules.
12.2. In complaint proceedings challenging
				utility pole attachment rates, terms, and conditions for pole attachment
				contracts entered into or renewed after the effective date of
				47 C.F.R. §
										1.413(b), there is a
				presumption that an incumbent local exchange carrier (or an association of
				incumbent local exchange carriers) is similarly situated to an attacher that is
				a telecommunications carrier (as defined in
				47 U.S.C. §
										251(a)(5)) or a cable
				television system providing telecommunications services for purposes of
				obtaining comparable rates, terms, or conditions. In such complaint proceedings
				challenging pole attachment rates, there is a presumption that incumbent local
				exchange carriers (or an association of incumbent local exchange carriers) may
				be charged no higher than the rate determined in accordance with Rule 5.4.2. A
				utility can rebut either or both of the two presumptions in this section with
				clear and convincing evidence that the incumbent local exchange carrier
				receives benefits under its pole attachment agreement with a utility that
				materially advantages the incumbent local exchange carrier over other
				telecommunications carriers or cable television systems providing
				telecommunications services on the same poles.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-13 - Review period for pole attachment complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				Commission will take final action consisting of an order that will issue within
				180 days of the filing of a formal complaint initiating a pole attachment
				dispute as required by
				47 U.S.C. §
										224(C)(3)(B)(i) except for
				good cause shown. If the Commission determines that a final action will not
				issue within 180 days, the Commission will issue a final action consisting of
				an order no later than 360 days from the filing of the formal complaint, as
				permitted by
				47 U.S.C. §
										224(C)(3)(B)(ii).
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-14 - Overlashing

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Prior
				approval. A utility shall not require prior approval for:
14.1.1. An existing attacher that overlashes
				its existing wires on a pole; or
14.1.2. For-third party overlashing of an
				existing attachment that is conducted with the permission of an existing
				attacher.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-15 - Abandoned cables, conductors and related facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. A pole owner
				has the right to remove from its poles such cable, conductors and related
				facilities as it reasonably believes are abandoned.
15.2. When exercising the right set forth in
				Rule 15.1 a pole owner shall provide the attaching entity written notice by
				U.S. Certified Mail, Return Receipt Requested, email, and through any other
				system(s) the pole owner uses to notify attachers that it believes there are
				abandoned cable, conductors and related facilities on its pole that need to be
				removed. The date of service is the date the pole owner mails, emails and
				otherwise notifies attachers on its other system(s) that it believes there are
				abandoned cable, conductors and related facilities on its pole that need to be
				removed. The notice shall provide:
15.2.1. A
				description of the cable, conductors and related facilities (including any
				applicable poles) the pole owner is requesting the attaching entity to
				remove.
15.2.2. A physical address
				or general route location, including the beginning and ending pole numbers with
				GPS coordinates of the location(s) of the facilities needing to be
				removed.
15.2.3. A statement that
				if the attaching entity does not remove the items described in 15.2.1. within
				60 days from the date of the service of the notice, the pole owner may remove
				the items and charge the attaching entity the costs incurred by the pole owner
				for the removal and disposal of abandoned cable, conductors and related
				facilities.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-16 - Transfer of facilities to new poles and old pole removal

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. In the event
				facilities are not timely transferred or the pole(s) removed pursuant to the
				timelines and requirements in Rules 16.2.3 and 16.3 of these rules or within
				the time frame otherwise directed by the Commission, then the pole owner shall
				transfer facilities from an old pole to a new pole and thereafter remove the
				unneeded utility pole(s) pursuant to this section of the rules after providing
				notice.
16.2. Before exercising the
				requirements set forth in Rule 16.1. a pole owner shall provide the attaching
				entity or entities written notice by U.S. Certified Mail, Return Receipt
				Requested, email and through any other system(s) the pole owner uses to notify
				attachers that the attaching entity must transfer its facilities from an old
				pole to a new pole and remove the old pole if the attaching entity would be
				responsible for removing and disposing of the old pole. If there is more than
				one attacher that needs to move facilities, then the pole owner will first give
				notice to the attacher who needs to transfer facilities first and repeat the
				notice and process with each subsequent attacher who has not timely transferred
				facilities and removed the pole, if required, until all facilities are
				transferred and the pole removed. The date of service is the date the pole
				owner mails, emails and otherwise notifies attachers on its other system(s)
				that the attaching entity must transfer its facilities from an old pole to a
				new pole and remove the old pole if the attaching entity would be responsible
				for removing and disposing of the old pole. The notice shall provide:
16.2.1. A description of the facilities that
				need to be transferred and any other work needed to be done, including removing
				and disposing of any applicable poles.
16.2.2. A physical address, or general route
				location, including the beginning and ending pole numbers with GPS coordinates
				of the location(s) of the facilities needing to be transferred and/or
				removed.
16.2.3. A statement that
				if attaching entity does not transfer and/or remove the items described in Rule
				16.2.1 within 60 days from the date of the notice, the pole owner shall
				transfer the attaching entity's facilities from the old pole to the new pole
				and remove and dispose of the old pole and charge the attaching entity or
				entities the costs incurred by the pole owner for which the attaching entity or
				entities is responsible.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-19 - Joinder of complainants and causes of action

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Two or more
				complainants may join in one complaint if their respective causes of action are
				against the same defendant and concern substantially the same facts and alleged
				violation of the Communications Act or Commission regulation or
				order.
19.2. Two or more grounds of
				complaint involving substantially the same facts may be included in one
				complaint, but should be separately stated and numbered.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-20 - Answers

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Any
				defendant upon which a copy of a formal complaint is served shall answer such
				complaint in the manner prescribed under this section within 30 calendar days
				of service of the formal complaint by the complainant, unless otherwise
				directed by the Commission.
20.2.
				The answer shall advise the complainant and the Commission fully and completely
				of the nature of any defense, and shall respond specifically to all material
				allegations of the complaint. Every effort shall be made to narrow the issues
				in the answer. The defendant shall state concisely its defense to each claim
				asserted, admit or deny the averments on which the complainant relies, and
				state in detail the basis for admitting or denying such averment. General
				denials are prohibited. Denials based on information and belief are prohibited
				unless made in good faith and accompanied by a declaration or affidavit
				explaining the basis for the defendant's belief and why the defendant could not
				reasonably ascertain the facts from the complainant or any other source. If the
				defendant is without knowledge or information sufficient to form a belief as to
				the truth of an averment, the defendant shall so state and this has the effect
				of a denial. When a defendant intends in good faith to deny only part of an
				averment, the defendant shall specify so much of it as is true and shall deny
				only the remainder. The defendant may deny the allegations of the complaint as
				specific denials of either designated averments or paragraphs.
20.3. The answer shall include legal analysis
				relevant to the claims and arguments set forth therein.
20.4. Averments in a complaint are deemed to
				be admitted when not denied in the answer.
20.5. Affirmative defenses to allegations in
				the complaint shall be specifically captioned as such and presented separately
				from any denials made in accordance with Rule 20.2.
20.6. The answer shall include an information
				designation containing:
20.6.1. The name and,
				if known, the address and telephone number of each individual likely to have
				information relevant to the proceeding, along with the subjects of that
				information, excluding individuals otherwise identified in the complaint,
				answer, or exhibits thereto, and individuals employed by another party;
				and
20.6.2. A copy, or a
				description by category and location, of all relevant documents, electronically
				stored information, and tangible things that the disclosing party has in its
				possession, custody, or control, excluding documents submitted with the
				complaint or answer.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-21 - Cross-complaints and counterclaims

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1.
				Cross-complaints seeking any relief within the jurisdiction of the Commission
				against any party (complainant or defendant) to that proceeding are prohibited.
				Any claim that might otherwise meet the requirements of a cross-complaint may
				be filed as a separate complaint in accordance with these rules. For purposes
				of this subpart, the term "cross-complaint" shall include
				counterclaims.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-22 - Replies

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. A
				complainant shall file and serve a reply within 10 calendar days of service of
				the answer, unless otherwise directed by the Commission. The reply shall
				contain statements of relevant, material facts and legal arguments that respond
				to the factual allegations and legal arguments made by the defendant. Other
				allegations or arguments will not be considered by the Commission.
22.2. Failure to reply will not be deemed an
				admission of any allegations contained in the responsive pleading, except with
				respect to any affirmative defense set forth therein. Failure to reply to an
				affirmative defense shall be deemed an admission of such affirmative defense
				and of any facts supporting such affirmative defense that are not specifically
				contradicted in the complaint.
22.3. The reply shall include legal analysis
				relevant to the claims and arguments set forth therein.
22.4. The reply shall include an information
				designation containing:
22.4.1. The name and,
				if known, the address and telephone number of each individual likely to have
				information relevant to the proceeding and addressed in the reply, along with
				the subjects of that information, excluding individuals otherwise identified in
				the complaint, answer, reply, or exhibits thereto, and individuals employed by
				another party; and
22.4.2. A copy,
				or a description by category and location, of all relevant documents,
				electronically stored information, and tangible things that the disclosing
				party has in its possession, custody, or control that are addressed in the
				reply, excluding documents submitted with the complaint or answer.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-23 - Motions

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. A request
				for a Commission order shall be by written motion, stating with particularity
				the grounds and authority therefor, including any supporting legal analysis,
				and setting forth the relief sought.
23.2. Motions to compel discovery must
				contain a certification by the moving party that a good faith attempt to
				resolve the dispute was made prior to filing the motion.
23.3. Motions seeking an order that the
				allegations in the complaint be made more definite and certain are
				prohibited.
23.4. Motions to
				dismiss all or part of a complaint are permitted. The filing of a motion to
				dismiss does not suspend any other filing deadlines under the Commission's
				rules, unless the Commission issues an order suspending such
				deadlines.
23.5. Oppositions to
				motions shall be filed and served within 5 business days after the motion is
				served. Oppositions shall be limited to the specific issues and allegations
				contained in the motion; when a motion is incorporated in an answer to a
				complaint, the opposition to such motion shall not address any issues presented
				in the answer that are not also specifically raised in the motion. Failure to
				oppose any motion may constitute grounds for granting the motion.
23.6. No reply may be filed to an opposition
				to a motion, except as authorized by the Commission.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-25 - Confidentiality of information produced or exchanged

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. Any
				information produced in the course of a formal complaint proceeding may be
				designated as confidential by either party to the proceeding or a third party
				if the party believes in good faith that the materials fall within an exemption
				to disclosure contained in the West Virginia Freedom of Information Act (FOIA),
				W.Va. Code § 29B-1-1 et seq. Any party asserting confidentiality for such
				materials must:
25.1.1. File with the
				Executive Secretary's Office an unredacted hard copy version of the materials
				that contains the confidential information and clearly marks each page,
				including cover page, for which a confidential designation is claimed with a
				bold header stating "Confidential Version." In addition, all information for
				which confidential treatment is requested must be identified with the use of
				bold double square brackets ([[ ]]) at the beginning and end of the material
				that is redacted in the Public Version. The party claiming confidentiality
				should restrict its designations to encompass only the specific information
				that it asserts is confidential. If a confidential designation is challenged,
				the party claiming confidentiality shall have the burden of demonstrating, by a
				preponderance of the evidence, that the materials designated as confidential
				fall under the standards for nondisclosure enunciated in the FOIA and that the
				designation is narrowly tailored to encompass only confidential
				information.
25.1.2. File with the
				Executive Secretary's Office a public version of the materials that redacts any
				confidential information and clearly marks each page, including the cover page,
				of the redacted public version with a bold header stating "Public Version." The
				redaction may be actual blacked-out sections, or, blank sections beginning and
				ending with bold double square brackets and the phrase "redacted material"
				within the brackets. The redaction shall cover the entire length of redacted
				text. The redacted document shall be machine-readable whenever technically
				possible. Where the document to be filed electronically contains metadata that
				is confidential or protected from disclosure by a legal privilege (including,
				for example, the attorney-client privilege), the filer may remove such metadata
				from the document before filing it electronically.
25.1.3. The undredacted version must be filed
				on the same day as the redacted version.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-26 - Other required written submissions

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. The
				Commission may, in its discretion, require the parties to file briefs
				summarizing the facts and issues presented in the pleadings and other record
				evidence and presenting relevant legal authority and analysis. The Commission
				may limit the scope of any briefs to certain subjects or issues. Unless
				otherwise directed by the Commission, all briefs shall include all legal and
				factual claims and defenses previously set forth in the complaint, answer, or
				any other pleading submitted in the proceeding.
26.2. Claims and defenses previously made but
				not reflected in the briefs will be deemed abandoned.
26.3. The Commission may require the parties
				to submit any additional information it deems appropriate for a full, fair, and
				expeditious resolution of the proceeding.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-27 - Status conference

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. In any
				complaint proceeding, the Commission may, in its discretion, direct the
				attorneys and/or the parties to appear before it for a status conference. A
				status conference may include discussion of:
27.1.1. Simplification or narrowing of the
				issues;
27.1.2. The necessity for
				or desirability of additional pleadings or evidentiary submissions;
27.1.3. Obtaining admissions of fact or
				stipulations between the parties as to any or all of the matters in
				controversy;
27.1.4. Settlement of
				all or some of the matters in controversy by agreement of the
				parties;
27.1.5. Whether discovery
				is necessary and, if so, the scope, type, and schedule for such
				discovery;
27.1.6. The schedule for
				the remainder of the case and the dates for any further status conferences;
				and
27.1.7. Such other matters that
				may aid in the disposition of the complaint.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-28 - Separate filings against multiple defendants - Service

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. Complaints
				may not be brought against multiple defendants unless they are commonly owned
				or controlled, are alleged to have acted in concert, are alleged to be jointly
				liable to complainant, or the complaint concerns common questions of law or
				fact. Complaints may, however, be consolidated by the Commission for
				disposition.
28.2. The complainant
				shall serve the complaint by electronic, overnight, or hand delivery on either
				the named defendant or one of the named defendant's registered agents for
				service of process on the same date that the complaint is filed with the
				Commission.
28.3. Upon receipt of
				the complaint by the Commission, the Commission shall promptly send, by email
				if available or overnight delivery, to each defendant named in the complaint,
				notice of the filing of the complaint. The Commission shall issue an order
				setting a procedural schedule.
28.4. All pleadings and briefs filed in any
				formal complaint proceeding, as well as all letters, documents, or other
				written submissions, shall be served by the filing party on the attorney of
				record for each party to the proceeding, or, where a party is not represented
				by an attorney, each party to the proceeding either by hand delivery, overnight
				delivery, or email, together with a certificate of service. Service is deemed
				effective as follows:
28.4.1. Service by hand
				delivery that is delivered to the office of the recipient by 5:30 p.m., local
				time of the recipient, on a business day will be deemed served that day.
				Service by hand delivery that is delivered to the office of the recipient after
				5:30 p.m., local time of the recipient, on a business day will be deemed served
				on the following business day;
28.4.2. Service by overnight delivery will be
				deemed served the business day following the day it is accepted for overnight
				delivery by a reputable overnight delivery service; or
28.4.3. Service by email that is fully
				transmitted to the office of the recipient by 5:30 p.m., local time of the
				recipient, on a business day will be deemed served that day. Service by email
				that is fully transmitted to the office of the recipient after 5:30 p.m., local
				time of the recipient, on a business day will be deemed served on the following
				business day.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-29 - Conduct of proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. The
				Commission may issue such orders and conduct its proceedings as will best
				conduce to the proper dispatch of business and the ends of justice.
29.2. The Commission may decide each
				complaint upon the filings and information before it, may request additional
				information from the parties, and may require one or more informal meetings
				with the parties to clarify the issues or to consider settlement of the
				dispute.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-30 - Accelerated Docket Proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1. Parties to a
				pole attachment complaint proceeding against a cable television system
				operator, a utility, or a telecommunications carrier, may request expedited
				treatment. Proceedings receiving expedited treatment are subject to shorter
				pleading deadlines and other modifications to the procedural rules that govern
				pole attachment formal complaint proceedings.
30.2. A complainant may file a motion for
				expedited treatment at the time a complaint is filed.
30.3. Within five days of receiving service
				of a pole attachment complaint against a cable television system operator, a
				utility, or a telecommunications carrier, a defendant may file a motion for
				expedited treatment.
30.4. The
				Commission will allow responses to motions for expedited treatment, which must
				be filed within 5 business days of the filing of the motion unless otherwise
				ordered by the Commission. The Commission may issue an order, without hearing
				or further pleadings, granting or denying a motion for expedited treatment. The
				Commission will attempt, but is not required, to issue such order within
				fifteen days of filing of the motion.
30.5. In appropriate cases, the Commission
				may require that the parties participate in pre-filing settlement negotiations
				or mediation under Rule 31.
30.6.
				If the parties do not resolve their dispute and the matter is granted expedited
				treatment, the Commission will establish a procedural schedule.
30.7. If it appears at any time that
				expedited treatment is no longer appropriate, the Commission may revise the
				expedited procedural schedule either on its own motion or at the request of any
				party.
30.8. Commission review of
				an ALJ recommended decision shall comply with the filing and service
				requirements of Rule 19 of the Commission Rules of Practice and Procedure, 150
				C.S.R 1.19.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-31 - Mediation

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. The
				Commission encourages parties to attempt to settle or narrow their disputes.
				Commission Staff is available to conduct mediations. The Commission will
				determine whether a matter is appropriate for mediation. Participation in
				mediation is generally voluntary, but may be required as a condition for
				expedited treatment.
31.2. Parties
				may request mediation of a dispute at any time as long as a proceeding is
				pending before the Commission.
31.3. Parties may request mediation by filing
				a written request for mediation, or including a mediation request in any
				pleading in a formal complaint proceeding. Any party requesting mediation must
				verify that it has attempted to contact all other parties to determine whether
				they are amenable to mediation, and shall state the response of each party, if
				any.
31.4. The Commission mediator
				will schedule the mediation in consultation with the parties. The Commission
				mediator may request written statements and other information from the parties
				to assist in the mediation.
31.5.
				In any proceeding to which no statutory deadline applies, the Commission may,
				in its discretion, hold a case in abeyance pending mediation.
31.6. The parties and Commission mediator
				shall keep confidential all written and oral communications prepared or made
				for purposes of the mediation, including mediation submissions, offers of
				compromise, and the Commission mediator and party comments made during the
				course of the mediation (Mediation Communications). Neither the Commission
				mediator nor the parties may use, disclose or seek to disclose Mediation
				Communications in any proceeding before the Commission (including an
				arbitration or a formal complaint proceeding involving the instant dispute) or
				before any other tribunal, unless compelled to do so by law. Documents and
				information that are otherwise discoverable do not become Mediation
				Communications merely because they are disclosed or discussed during the
				mediation. Unless otherwise directed by the Commission, the existence of the
				mediation will not be treated as confidential.
31.7. Any party or the Commission mediator
				may terminate a mediation by notifying other participants of their decision to
				terminate. The Commission mediator shall promptly confirm in writing that the
				mediation has ended. The confidentiality rules in Rule 31.6 shall continue to
				apply to any Mediation Communications. Further, unless otherwise directed, any
				Commission ruling requiring that the existence of the mediation be treated as
				confidential will continue to apply after the mediation has ended.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Attachment B

Current through Register Vol. XLI, No. 28, July 12, 2024
Rate = Space Factor x Cost
Where Cost
in Service Areas where the number of Attaching Entities is 5
				  = 0.66 x (Net Cost of a Bare Pole x Carrying Charge Rate)
in Service Areas where the number of Attaching Entities is 4
				  = 0.56 x (Net Cost of a Bare Pole x Carrying Charge Rate)
in Service Areas where the number of Attaching Entities is 3
				  = 0.44 x (Net Cost of a Bare Pole x Carrying Charge Rate)
in Service Areas where the number of Attaching Entities is 2
				  = 0.31 x (Net Cost of a Bare Pole x Carrying Charge Rate)
in Service Areas where the number of Attaching Entities is
				  not a whole number = N X (Net Cost of a Bare Pole X Carrying Charge Rate),
				  where N is interpolated from the cost allocator associated with the nearest
				  whole numbers above and below the number of Attaching Entities.
Click Here To View
				  Image
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Attachment D

Current through Register Vol. XLI, No. 28, July 12, 2024
Click Here To
				  View Image
Simplified as:
If no inner-duct is installed the fraction, "1 Duct divided
				  by the No. of Inner-Ducts" is presumed to be 1/2.
Click Here To
				  View Image
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Section 150-39-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule applies to any entity that intends to construct, or construct
				and operate, a qualified solar electric generating facility to provide
				wholesale service as described in W.Va. Code §
									24-2-1o(n).
				Qualified applicants electing to proceed under these Rules are not subject to
				Series 30 Rules Governing Siting Certificates.
1.2. Authority. -- W. Va. Code §§
									24-1-7,
				24-2-1o(n)
				and
				24-2-11c.
1.3. Filing Date. -- August 4, 2020
1.4. Effective Date. -- September 3,
				2020
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Section 150-39-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Exempt
				Wholesale Generator (EWG) - An electric generating facility to be located in
				West Virginia that has been designated as an exempt wholesale generator under
				federal law or will be so designated prior to commercial operation of the
				facility. As used herein, this term shall also include any Transmission support
				line associated with the EWG facility.
2.2. Solar EWG siting certificate - A siting
				certificate issued by the Public Service Commission of West Virginia pursuant
				to W.Va. Code §
									24-2-1o.
2.3. Solar EWG generating facility - A West
				Virginia located EWG facility which is not owned by an electric utility that
				will generate electricity solely through solar photovoltaic or other solar
				methods and, if applicable, may store such electricity.
2.4. Transmission support line - A
				transmission line of less than 200 thousand volts that, except for Rule 3.5.,
				would be certificated by the Commission pursuant to W.Va. Code §
									24-2-11,
				and not pursuant to W.Va. Code §
									24-2-11a.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Section 150-39-3 - Pre-filing and Filing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any entity intending to file an
				application for a Solar EWG siting certificate shall, at least fifteen (15)
				days and no more than ninety (90) days prior to the date it intends to file its
				application, give the Commission notice by filing with the Commission's
				Executive Secretary an original and twelve (12) copies of a letter of
				notification. The Commission may modify or waive this requirement. A prefiling
				notice shall expire after 90 days.
3.2. An applicant for a Solar EWG siting
				certificate may request that information it files in response to discovery
				requests, or pursuant to these rules be accorded proprietary treatment. The
				Commission will review such requests pursuant to applicable statutory and case
				law. Any party asserting confidentiality for such information must:
3.2.1 File with the Executive Secretary's
				office an unredacted hard copy version of each document that contains the
				confidential information. Each page, including cover page, for which a
				confidential designation is claimed, must be identified with a bold header
				stating, "Confidential Version." In addition, all information for which
				confidential treatment is requested must be identified with the use of bold
				double square brackets ([[ ]]) at the beginning and end of the material that is
				redacted in the public version. The party claiming confidentiality should
				restrict its designations to encompass only the specific information that it
				asserts is confidential. If a confidential designation is challenged, the party
				claiming confidentiality shall have the burden to prove that the information
				designated as confidential falls under the standards for nondisclosure
				enunciated in the West Virginia Freedom of Information Act, W.Va. Code §
										29B-1-1,
				et. seq. and that the designation is narrowly tailored to encompass only
				confidential information. A motion for protective treatment shall be filed at
				the same time as the confidential information.
3.2.2 File with the Executive Secretary's
				office a public version of each document that contains no confidential
				information and a public version of each document with the confidential
				information redacted. Each public version document must be clearly marked on
				every page, including the cover page, with a bold header stating "Public
				Version." The redactions of asserted confidential information may be actual
				marked-out sections, or, blank sections beginning and ending with bold double
				square brackets ([[ ]]) with the phrase "redacted material" within the
				brackets. The blank area within the redaction shall cover the entire length of
				redacted text.
3.2.3 The
				confidential version must be filed on the same day as the public, redacted
				version.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Section 150-39-4 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In addition to
				the applicable forms attached to these Rules and information concerning any
				Transmission support line described in Rule 3.5, if applicable, a completed
				application shall include the following:
4.1.1. Project summary and Solar EWG
				generating facility overview. Information filed by the applicant in response to
				the requirements of this section shall be deemed responses to any other section
				of the application requirements provided that a cross-reference notation is
				included in both locations. In general, the summary should be suitable as a
				reference for state and local governments and for the public. The summary and
				overview shall include the following:
4.1.1.a. A statement explaining the general
				purpose of the Solar EWG generating facility.
4.1.1.b. A description of the proposed Solar
				EWG generating facility.
4.1.1.c. A
				list of all required government (state, local, federal) approvals and/or
				permits for the Solar EWG generating facility, and the filing status of
				each.
4.1.1.d. An explanation of
				the project schedule.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Section 150-39-5 - Application Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Applications
				submitted for siting of a Solar EWG generating facility shall be accompanied by
				an application fee equaling the lesser of $100.00 per megawatt or
				$40,000.00.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Section 150-39-6 - Requirements of Other Agencies and Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If the applicant has not obtained
				required permits or approvals from other governmental agencies prior to the
				Commission issuing a decision, the Commission may issue a Solar EWG siting
				certificate contingent upon receipt of such permits/approvals. The Commission
				may also grant a Solar EWG siting certificate subject to other conditions
				determined to be reasonable and necessary by the Commission.