reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-06 - Rules For The Government Of Telephone Utilities › Section 150-6-9 - Accelerated rate filing procedures for interexchange services

Current through Register Vol. XLI, No. 28, July 12, 2024
This section sets forth a procedure for telecommunications
				  carriers seeking to implement new or changed interexchange rates, charges or
				  service offerings.
9.1. A
				telecommunications carrier seeking to implement a new or changed interexchange
				rate, charge or service offering shall file a proper tariff with proper tariff
				notations reflecting such changes.
9.2. A telecommunications carrier seeking to
				implement a new or changed interexchange rate, charge, or service offering must
				provide fourteen (14) days' notice of the new or changed interexchange rate,
				charge or service offering to affected customers. The form and format of such
				notice shall be as reasonably determined by the carrier, unless otherwise
				directed by Commission Staff. As part of the tariff or other filing
				implementing the new or changed interexchange rate, charge, or service
				offering, the carrier shall fully advise Commission Staff of the public notice
				the carrier proposes to provide. Such new or changed interexchange rate,
				charge, or service offering shall become effective upon the expiration of the
				fourteen (14) day notice period, unless otherwise ordered by the
				Commission.
9.3. Promotions of
				ninety (90) days duration or less that affect interexchange services need not
				be tariffed.
9.4. Filings made
				pursuant to this section shall be accompanied by the following:
a. A statement, consistent with Rule 41 of
				the Commission's Rules for the Government of the Construction and Filing of
				Tariffs of Public Utilities and Common Carriers by Motor Vehicle,
				'150CSR2-18.1, or successor rules and regulations.
b. A description of the notice given to the
				public. If a bill insert is used to provide notice, a copy of the bill insert
				shall be included.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-06 - Rules For The Government Of Telephone Utilities › Section 150-6-10 - Reduced telephone rates for certain low-income residential customers

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Requirement
				to Offer Tel-assistance Service.
Every eligible telecommunications carrier shall, pursuant to
				  tariff or agreements filed with and approved by the Commission, offer a
				  Tel-assistance Service rate schedule for residential customers. The
				  Tel-assistance Service rate schedule shall provide special reduced rates for
				  all qualifying low income consumers and shall clearly state the availability of
				  service, the eligibility conditions, the type of service to be offered, the
				  restrictions on service, and the applicable rates and charges as set forth in
				  the subsequent subsections of this section and in W. Va. Code
				  '24-2C.
10.2 Definitions.
a. "Customer" shall mean, for the purpose of
				this section, the member of the household in whose name telephone service is
				provided. For purposes of this section, the terms "customer" and "consumer" are
				synonymous, and may be used interchangeably.
b. "Eligible Telecommunications Carrier"
				means a common carrier that offers telecommunications services that are
				supported by federal universal service mechanisms, that advertises the
				availability of such services and the charges for such services using media of
				general distribution, and that has been designated as an eligible
				telecommunications carrier by the Commission pursuant to the provisions of 47
				U.S.C. Section 214 (e).
c.
				"Qualifying low-income consumer" means a residential customer who is a
				recipient of Medicaid, food stamps, supplemental security income, federal
				public housing assistance, low-income home energy assistance program benefits,
				temporary assistance to needy families benefits, or benefits under other
				income-related state or federal programs.
d. "Tel-assistance Service" means an
				individual, residential local exchange dial access line and an allowance for
				usage established by the Commission. The monthly rate for Tel-assistance
				Service shall be less than that normally charged by the eligible
				telecommunications carrier for residential service available to all customers.
				No other basic local exchange telephone service, foreign zone or foreign
				exchange service may be provided to the dwelling place of a Tel-assistance
				customer. Tel-assistance service is not available to business
				customers.
e. "Usage" means the
				amount of local exchange service and long distance service provided by eligible
				telecommunications carriers to Tel-assistance customers.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-06 - Rules For The Government Of Telephone Utilities › Section 150-6-11 - Payphones

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Registration
				Requirement.
a. Each payphone service
				provider (PSP) that provides public telephone service from more than three (3)
				noncontiguous locations in West Virginia shall register with the Commission.
				Registration shall be accomplished by completing and submitting to the
				Commission Form P.S.C. W. Va. 11-1. Any and all changes in the information
				provided on Form P.S.C. W. Va. 11-1 shall be reported to the Commission within
				thirty (30) days of the change.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-06 - Rules For The Government Of Telephone Utilities › Section 150-6-12 - Intrastate use of automatic dialing and announcing devices

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Local exchange carriers shall require
				that users of automatic dialing and announcing devices (ADADs) at all times
				meet each and every one of the following requirements.
a. ADADs may not be used between the hours of
				9:00 p.m. and 9:00 a.m.
b. No ADAD
				may be used for purposes of telephone solicitation unless the ADAD user has
				previously registered with the Commission as an ADAD user.
c. ADAD telephone solicitation messages must
				contain a preamble identifying the ADAD user, giving the ADAD user's telephone
				number and address, stating the purpose of the call and informing the called
				party that he or she is listening to a prerecorded message.
d. ADADs must automatically release the
				called party's line within five (5) seconds of the time the ADAD receives
				notification that the called party has terminated the call in order to allow
				the called party's line to be used to make or receive other calls.
e. ADADs must be programmed to skip emergency
				numbers, pager numbers, mobile numbers, cellular numbers, unlisted numbers,
				non-published numbers, toll-free numbers and direct-inward-dial
				numbers.
f. ADADs must, wherever
				such service is available, use measured rate telephone service.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-06 - Rules For The Government Of Telephone Utilities › Section 150-6-13 - Provision of operator services

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Responsibilities of Operator Service
				Providers.
a. Operator service providers
				shall require their customers (aggregators) to prominently note, on or near
				telephone sets in guest rooms, dormitories, hospital rooms, etc., and on public
				and semi-public telephone sets, the following information:
1. Name, address and toll-free telephone
				number of the operator service provider providing "0+" service to the
				associated telephone line.
2.
				Notification that other operator service providers may be used by dialing their
				carrier access code.
3. Complaint
				procedures and methods for requesting refunds.
4. Emergency calling information.
5. Dialing instructions for obtaining rate
				information.
6. Amount of
				surcharge, if any, imposed by the aggregator.
This requirement shall also be in effect for guest room,
				  dormitory, hospital room, public, semi-public, etc., telephone sets owned by
				  operator service providers.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-06 - Rules For The Government Of Telephone Utilities › Section 150-6-14 - Certification requirements applicable to all intrastate telecommunications carriers

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Certificate Filing Fees.
a. There shall be
				due a non-refundable filing fee of three hundred dollars ($300), or such other
				amount that the Commission may establish in the future, upon the filing of an
				application for a certificate of convenience and necessity by any individual or
				entity seeking authority to provide intrastate telecommunications service in
				the State of West Virginia.
b.
				Applications for certificates of convenience and necessity seeking authority to
				provide intrastate telecommunications services that are not accompanied by the
				appropriate filing fee will not be accepted by the Commission until such time
				as the appropriate fee is remitted.
c. The filing fee for applications for a
				certificate of convenience and necessity seeking authority to provide
				intrastate telecommunications service shall be paid either in cash or by bank
				check made payable to "The Public Service Commission of West
				Virginia."
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-06 - Rules For The Government Of Telephone Utilities › Section 150-6-15 - Interconnection

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. General
				Requirements.
a. All local exchange carriers
				shall:
1. Not prohibit, nor impose
				unreasonable or unduly discriminatory conditions or limitations on the resale
				of the carrier's telecommunications services.
2. Provide, to the extent technically
				feasible, number portability consistent with national standards and with
				requirements prescribed by the Commission, which shall include the
				establishment of fair and equitable number portability cost recovery
				mechanisms.
3. Provide dialing
				parity to competing local exchange carriers and providers of toll telephone
				service.
4. Permit all competing
				local exchange carriers and providers of toll telephone service to have
				nondiscriminatory access to telephone numbers, operator service, Directory
				assistance and Directory listings, with no unreasonable dialing
				delays.
5. Afford competing
				providers of telecommunications services reasonable access to the poles, ducts,
				conduits and rights-of-way of such local exchange carrier, on rates, terms and
				conditions that are consistent with federal requirements.
6. Establish reciprocal compensation
				arrangements for the transport and termination of local telecommunications
				traffic.
7. Comply with all
				applicable Commission rules and regulations regarding the provision of
				Directory assistance service.
8.
				Not provide intrastate service to any interexchange carrier or any local
				exchange carrier until after the interexchange carrier or local exchange
				carrier provides information demonstrating that such carrier is properly
				certificated by the Commission to provide such telecommunications service.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-07 - Rules For The Government Of Water Utilities › Section 150-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules govern the operation and service of water utilities subject to the
				jurisdiction of the Public Service Commission pursuant to W. Va. Code §
									24-2-1.
1.2. Authority. -- W. Va. Code §§
									24-1-1,
				24-1-7,
				24-2-1,
				24-2-2, and
				24-2H-1.
1.3. Filing Date. -- January 24,
				2023.
1.4. Effective Date. -- March
				25, 2023.
1.5. General.
1.5.1. These rules replace rules that went
				into effect on September 14, 2021.
1.5.2. These rules are intended to ensure
				adequate service to the public, to provide standards for uniform and fair
				charges and requirements by the utilities and customers, and to establish the
				rights and responsibilities of utilities and customers.
1.5.3. Adoption of these rules in no way
				precludes the Commission from altering or amending them in whole or in part, or
				from requiring any other or additional service, equipment, facility, or
				standard either upon complaint or upon its own motion, or upon the application
				of any utility.
1.5.4. These rules
				shall not relieve in any way a utility from any of its duties under the laws of
				this State.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-07 - Rules For The Government Of Water Utilities › Section 150-7-2 - Application of rules

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These
				rules apply to all public utilities as defined in Water Rule 3.
2.1.1. If hardship results from the
				application of any Water Rule or if unusual difficulty is involved in
				immediately complying with any rule, application may be made to the Commission
				for the modification of the rule or for temporary or permanent exemption from
				its provisions: Provided, that no application for modification or exemption
				will be considered by the Commission unless there is submitted therewith a full
				and complete justification for such action.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-07 - Rules For The Government Of Water Utilities › Section 150-7-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Alternate
				main extension" - Any Commission-approved extension of the utility's mains to
				serve new customers that does not follow the general main extension provisions
				that are provided for under Rules 7.4.1 through 7.4.8.f.
3.2. "Applicant" -- A person, firm,
				corporation, municipality, public service district or any other entity that
				applies for water service.
3.3.
				Billing Related Dates.
3.3.1. "Bill due date"
				-- The date when the utility mails the bill.
3.3.2. "Latest pay date" -- The last date
				that the bill may be paid without incurring a late payment penalty. The last
				date shall be no sooner than the 20th day following
				the date the utility mails the bill and must be stated on the face of the
				bill.
3.3.3. "Delinquent bill" --
				Any bill issued by a public service district or a municipal system that has not
				been paid within twenty (20) days of the bill due date; or any bill issued by a
				water utility that is not a public service district or a municipal system
				within thirty (30) days of the bill due date. The date that_a bill will become
				delinquent must be stated on the face of the bill.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-07 - Rules For The Government Of Water Utilities › Section 150-7-4 - Records, Reports and Other Information to be Supplied to the Commission

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Records
				and reports.
4.1.1. Preservation of records.
				-- All records required by these rules shall be preserved by the utility in the
				manner prescribed by the Commission.
4.1.2. Location of records.
4.1.2.a. Required records shall be kept at
				the office(s) of the utility in West Virginia, and shall be available during
				the utility's regular business hours for examination by the Commission or its
				duly authorized representative.
4.1.2.b. If kept outside the State, records
				shall be brought to the utility's office in West Virginia upon request of the
				Commission, or the utility may be required to pay the reasonable traveling
				expenses of Commission employees assigned to examine the records.
4.1.3. Reports to Commission. --
				Upon Commission request, a utility shall furnish to the Commission the results
				of any test or tests required to be made, or the information contained in any
				records required to be kept by the utility, or any further information in its
				possession, respecting its rates, charges, or practices, without formal order
				of the Commission requiring the release of such information.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-07 - Rules For The Government Of Water Utilities › Section 150-7-5 - Meter Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Utility to
				provide meters. -- Unless otherwise authorized by the Commission, each utility
				shall provide and install at its own expense (except as provided in Water Rules
				6.1.6.d. and 7.2.) and shall continue to own, maintain, and operate all
				equipment necessary for the regulation and measurement of water, in accordance
				with tariff or contract provisions, to its customers. Where a customer requests
				additional meters for the customer's convenience and the utility furnishes
				additional meters, the utility may impose a charge. A utility will own and
				operate any meters used to serve a bulk or resale customer(s).
5.2. Location of meters.
5.2.1. Accessibility. -- In the interest of
				safety and convenience to the customer, and as a measure of economical
				operation to the utility, it is required that all meters should be located at
				or near the property line: provided that when such location is impractical
				meters shall be placed outside of the customer's building as near as possible
				to where the "Point of Service" joins the "Customer's Service Pipe": provided,
				further, if neither of the foregoing requirements can be complied with on
				account of physical, economic, or climatic conditions, the meter may be placed
				within the building, preferably in the cellar, and when so placed within the
				building, the meter shall be so located that it will be easily accessible for
				reading, maintenance and protected from freezing and mechanical
				damage.
5.2.2. Meter grouping. --
				When a number of meters are grouped, every meter shall be tagged so as to
				indicate the particular customer served by it.
5.2.3. Remote meters. -- When a meter is
				located inside a home or building, the utility may install a remote register or
				dial on the exterior of a home or building accessible for meter reading. The
				remote counter reading shall be compared to the actual meter register reading
				not less than once every six (6) months.
5.2.4. Meter setting installation. -- Meter
				settings shall be installed in accordance with drawings submitted and approved
				by the Commission under Water Rule 7.2.9.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-07 - Rules For The Government Of Water Utilities › Section 150-7-7 - Utility Facilities; Service Pipes; Extension of System

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Adequacy of
				facilities.
7.1.1. Construction and
				maintenance of plant. -- A utility shall at all times construct and maintain
				its entire plant and system in such condition that it will furnish safe,
				adequate and continuous service.
7.1.2. Inspection of plant. -- A utility
				shall inspect its plant and facilities in such manner and with such frequency
				as is necessary to ensure a reasonably complete knowledge as to their
				conditions and adequacy at all times. Such inspections must comply with the
				requirements of the legally applicable Minimum Federal Safety Standards
				(Federal Occupational Health and Safety Administration) and the standards of
				the Bureau for Public Health and the Department of Environmental Protection (as
				applicable).
7.1.3. Records of
				conditions. -- Records necessary for the proper maintenance of the system and
				in accordance with the Bureau for Public Health and the Department of
				Environmental Protection (as applicable), and the Minimum Federal Safety
				Standards shall be kept of the conditions found. In special cases, a more
				complete record may be specified by the Commission.
7.1.4. Records of operation. -- A utility
				shall keep a record of the operation of its plant, which, so far as practical,
				shall show sufficient details of plant operation as is necessary to
				substantially reproduce the daily history of its operation. The utility shall
				also maintain the records in accordance with the requirements of the Minimum
				Federal Safety Standards and Bureau for Public Health and Department of
				Environmental Protection (as applicable).
7.1.5. Reports to Commission. -- A utility
				shall, upon request of the Commission, file with the Commission a statement
				regarding the condition and adequacy of its plant, equipment, and facilities,
				and of its operations and service in such form as the Commission may
				require.
7.1.6. Bureau for Public
				Health Standards. -- All extensions, service connections and modifications to a
				utility's plant must meet applicable design standards established by the West
				Virginia State Bureau for Public Health in addition to these rules.
7.1.7. Dead ends. -- A utility should avoid
				"dead ends" in the utility's distribution mains so far as possible. If "dead
				ends" exist the utility shall provide facilities for flushing.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-07 - Rules For The Government Of Water Utilities › Section 150-7-9 - Safety Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Accidents.
				-- A utility shall keep a record of every accidental happening in connection
				with the operation of its plant, station, property, and equipment, whereby any
				person is killed, or seriously injured, or any property damaged or destroyed,
				with full statement of the cause of the accident, and the precautions taken to
				prevent similar accidents in the future.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-07 - Rules For The Government Of Water Utilities › Section 150-7-10 - Creation or Alteration of Public Service Districts

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Creation or
				alteration of a public service district.
10.1.1. A county commission upon entering an
				order on its own motion, or upon receipt of a petition, or upon receipt of a
				recommendation of the Commission, proposing the creation, enlargement,
				reduction, merger, dissolution, or consolidation of a public service district
				pursuant to W. Va. Code §
										16-13A-2, shall:
10.1.1.a. At the same session, fix a date of
				hearing in the county which date shall be not more than forty (40) days nor
				less than twenty (20) days from the date of the action;
10.1.1.b. Within ten (10) days, provide the
				Executive Secretary of the Commission with a copy of the order or petition and
				notification of the time and place of the hearing to be held by the county
				commission;
10.1.1.c. If the
				territory proposed to be included is situated in more than one county, when
				fixing the date of hearing, provide for notifying the county commission and
				clerk thereof of each of the other counties into which the territory extends of
				the date so fixed;
10.1.1.d.
				Publish, at least ten (10) days prior to the hearing, a Class I legal
				advertisement meeting the requirements stated in W. Va. Code §
											16-13A-2, giving notice of the
				hearing;
10.1.1.e. Post notice in
				at least five (5) conspicuous locations in the proposed public service district
				as required by W. Va. Code §
											16-13A-2; and
10.1.1.f. File with the Executive Secretary
				of the Commission affidavits of publication pursuant to Water Rule 10.1.1.d.,
				and affidavits of posting pursuant to Water Rule 10.1.1.e. as soon as the same
				are available.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-07 - Rules For The Government Of Water Utilities › Section 150-7-11 - Distressed and Failing Water or Wastewater Utilities

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Definitions
				-- These definitions are specific to Section 11 of this rule.
11.1.1. "Distressed Utility" -- a water or
				wastewater utility that for financial, operational or managerial reasons:
(1)
(a) Is
				in continual violation of statutory or regulatory standards of the Bureau for
				Public Health, the Department of Environmental Protection, or the Commission,
				which affect the water quality, safety, adequacy, efficiency or reasonableness
				of the service provided by the water or wastewater utility;
(b) Fails to comply within a reasonable
				period of time with any final, nonappealable order of the Department of
				Environmental Protection, Bureau for Public Health or the Commission concerning
				the safety, adequacy, efficiency or reasonableness of service, including, but
				not limited to, the availability of water, the potability of water, the
				palatability of water or the provision of water at adequate volume and pressure
				and the collection and treatment of wastewater;
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-08 - Rules And Regulations For The Government Of Railroad Safety And Sanitation › Section 150-8-2 - Rules Relating To Accident Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All accidents occurring on railroads in
				this State shall be reported in accordance with the rules set forth in this
				Section 2.
2.2. Adoption and Filing
				of Reports:
The present rules of the United States Department of
				  Transportation, Federal Railroad Administration, governing the reporting of
				  railroad accidents, together with any amendments or changes in said rules or
				  forms which may hereafter be promulgated by said agency are hereby adopted as
				  the rules and forms of this Commission governing the reporting of railroad
				  accidents within the State of West Virginia.
The aforementioned Federal Rules and Forms to be used are
				  listed in the Code of Federal Regulations (CFR) Title 49 - Transportation, Part
				  225 - RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION AND INVESTIGATIONS.
				  Whenever such reports are submitted to the Federal Railroad Administration,
				  identical copies of each must be submitted simultaneously to this
				  Commission.
2.3. Reports
				for Information of Commission Only - Written Application for Access:
Accident reports made by railroads in compliance with these
				  rules shall be for the information of the Commission and shall not be open to
				  public inspection except upon prior written approval by this Commission of an
				  application, which shall state with full particularity how the information will
				  be used and how such use will contribute to the promotion of safety in railroad
				  operation. Each such request will be in substantially the form prescribed by
				  the Federal Railroad Administration in 49 CFR Section 225.11, substituting the
				  name of the Public Service Commission of West Virginia in the heading thereof.
				  No such request will be granted until the Commission is satisfied that such
				  inspection will not result in a violation of Section 4 of the Federal Accident
				  Reports Act, as stated in 49 CFR Section 225.7 (b).
2.4. Previous Orders Canceled and Superseded:
All previous orders of this Commission relating to railroad
				  accident reports are hereby canceled and superseded.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-08 - Rules And Regulations For The Government Of Railroad Safety And Sanitation › Section 150-8-3 - Rules Relating To Clearances

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				The minimum clearance requirements for railroads hereinafter prescribed shall
				hereafter be observed in this State in all construction of tracks or structures
				adjacent to tracks. These requirements shall not apply to repairs, renewals,
				maintenance, extensions or additions, in substantially the same location and
				within the general plan of existing installations, provided that existing
				clearances shall not be reduced. No railroad shall operate any cars, trains,
				motors, engines, or other rolling equipment over its own or other tracks,
				except as hereinafter provided, on which overhead or side clearances, or
				clearances between tracks are less than the minimum prescribed in this Section
				3, if such tracks or structures adjacent to such tracks are constructed
				subsequent to the effective date hereof.
3.2. For the purpose of these rules, the
				definitions set forth below will govern:
3.2.a. Height of a Freight Car is the
				distance between the top of rail and the top of the running board.
3.2.b. Side of a Freight Car is that part or
				appurtenance of a car at the maximum distance measured at right angles from the
				center line of the car (including the hardware).
3.2.c. Width of a Freight Car is twice the
				distance from the center line to the side of a car as defined herein.
3.2.d. Overhead Clearance is the vertical
				distance from the level of the top of the highest rail to a structure or
				obstruction above.
3.2.e. Side
				Clearance is the shortest distance from the center line of track to a structure
				or obstruction at the side of track.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-08 - Rules And Regulations For The Government Of Railroad Safety And Sanitation › Section 150-8-5 - Rules Relating To The Filing Of Rules And Regulations Of The Operating Departments Of Railroad Corporations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Each railroad corporation operating in the State of West Virginia shall file
				the existing rules and regulations of the operating department and any future
				changes or revisions thereof in accordance with the provisions of rule 5.3 of
				this Section 5.
5.2.
				Reserved.
5.3. Each railroad
				operating in the State of West Virginia shall file with the Commission any
				change or reissue, in whole or in part, of its rules and regulations of the
				Operating Department within thirty (30) days after any change.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-08 - Rules And Regulations For The Government Of Railroad Safety And Sanitation › Section 150-8-6 - Rules Relating To Safety Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each railroad corporation operating in
				the State of West Virginia shall file with the Executive Secretary of the
				Commission its safety rules and regulations.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-08 - Rules And Regulations For The Government Of Railroad Safety And Sanitation › Section 150-8-7 - Rules Relating To Inspection Of Trackage, Roadbeds, Bridges And Other Structures: And To Maintenance And Repairs Of Bridges And Other Structures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Except in
				cases of emergency, in instances where passenger trains are to be operated over
				tracks which do not serve regularly scheduled passenger movements, and where
				the maximum authorized speed for freight traffic over such tracks is less than
				thirty-five (35) miles per hour, then such tracks shall be inspected within
				forty-eight (48) hours prior to the operation of such passenger
				trains.
7.2. Bridges and other
				structures on main line or branch lines shall be inspected at least once a year
				by a qualified bridge inspector.
7.3. If, on inspector's report, the Public
				Service Commission has reasonable ground to believe that any of the bridges, or
				other structures are in a condition which renders them dangerous, unfit, or
				unsafe, the Commission shall immediately give to the superintendent, or other
				executive officer of the company operating such railroad, notice of the
				condition thereof, and of the repairs or reconstruction necessary to place them
				in a safe condition. The Commission may prescribe the time within which such
				repairs or reconstruction must be made, and the maximum speed at which trains
				may be operated over such dangerous or defective bridge, or other structure,
				until the repairs or reconstruction required are made. The Commission may
				forbid the running of trains over such defective bridge, or other structure, if
				it is of the opinion that such action is necessary and proper; provided,
				however, that the railroad affected thereby, shall have the right to a hearing
				to determine whether or not such prohibition is necessary and proper.
7.4. Tracks Owned by Entities Other than
				Railroad Companies:
7.4.a. This rule shall
				apply to all railroad track owned by an entity other than a railroad company
				over which a railroad company moves railroad cars in the conduct of
				business.
7.4.b. Track shall be
				maintained free of debris which:
7.4.b.1.
				could impair proper drainage of track bed, or
7.4.b.2. could prevent proper inspection of
				track components.
7.4.c.
				For purposes of subdivision 7.4.b.,
7.4.c.1.
				"debris" shall include, but not be limited to, coal, slate, waste, sludge, mud
				and water.
7.4.c.2. "track
				components" shall include, but not be limited to, joint bars, bolts, spikes,
				tie plates, crossties and ballast.
7.4.d. Each drainage or other water carrying
				facility under or immediately adjacent to the road bed must be maintained and
				kept free of obstruction, to accommodate expected water flow for the area
				concerned.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-08 - Rules And Regulations For The Government Of Railroad Safety And Sanitation › Section 150-8-10 - Rules Relating To Minimum Motor Vehicles Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The motor vehicles provided by the
				railroad company and used to transport one (1) or more workers to and from
				their places of employment, or during the course of their employment, shall be
				maintained in a safe condition and operated in a safe manner at all times,
				whether or not used upon a public highway. Motor vehicles shall be equipped
				with safe and adequate space heating devices or appliances capable of
				maintaining a temperature of at least sixty (60) degrees Fahrenheit in those
				areas of the vehicle where workers will be required to ride.
10.2. When transporting employees, the
				following requirements shall govern:
10.2.a.
				Tools and equipment shall be secured in racks or boxes, when vehicle is en
				route and shall be loaded, removed and carried in such manner so that the
				equipment will not be transported in the same compartment with the workers,
				unless in a closed compartment, securely attached to the vehicle to prevent
				tools and equipment from shifting during travel time of the vehicle.
10.2.b. No explosives, injurious chemicals or
				pesticides shall be hauled on any vehicle while engaged in transporting
				workers. This rule shall not prohibit the driver and a qualified powder crew
				from riding in a vehicle in which explosives are being hauled.
10.2.c. Gasoline and other low flash point
				liquids shall not be hauled on vehicles transporting workers except in closed
				safety containers, and provided that such containers are carried in a safe,
				suitable location outside of the passenger compartment. Such containers shall
				be carried as far away from the passenger compartment as possible, said
				containers shall not block the exits from the vehicle, and shall be firmly
				secured to prevent shifting.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-08 - Rules And Regulations For The Government Of Railroad Safety And Sanitation › Section 150-8-11 - Rules Relating To Right-Of-Way Drainage

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Except where the roadbed extends
				through or by swampland, the company or person operating the railroad shall
				make and keep open ditches or drains along such roadbed of depth, width and
				grade sufficient to conduct water accumulating at the sides of the roadbed from
				the building or operation of the railroad to some proper outlet.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-08 - Rules And Regulations For The Government Of Railroad Safety And Sanitation › Section 150-8-12 - Rules Relating To Track Motor Car

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Every individual, firm or corporation,
				operating or controlling any railroad which is a common carrier, shall equip
				each of its track motor cars with:
12.1.a. An
				electric headlight of sufficient candle power to enable the operator of the car
				to plainly discern any track obstruction, landmark, warning sign or grade
				crossing at a distance not less than three hundred (300) feet, under normal
				weather conditions.
12.1.b. A red
				rear light with sufficient candle power to be plainly visible at a distance not
				less than three hundred (300) feet, under normal weather conditions.
12.1.c. A windshield equipped with a device,
				which must be kept in good working order, with which the operator can clean
				rain, snow and other moisture from the windshield.
12.1.d. A canopy or top adequate to protect
				the occupants of the car from sun, rain, snow or other inclement
				weather.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-09 - Rules Governing Motor Carriers, Private Commercial Carriers, and the Filing of Evidence of Insurance and Financial Responsibility by Motor Carriers › Section 150-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - The
				rules in this series govern all motor carriers of passengers or property over
				the public highways of West Virginia, unless those motor carriers are
				completely exempt from regulation by §24A-1-3 or other sections of the W.
				Va. Code, by sections of the United States Code, by the West Virginia
				Constitution, or by the United States Constitution. If a motor carrier is
				statutorily only partially exempt from regulation, these rules shall apply to
				that carrier except to the extent that the carrier is statutorily exempt.
				Furthermore, the rules in this series also govern the filing and approval of
				surety bonds, policies of insurance, qualifications as self-insurers, and other
				securities and agreements of motor carriers. Moreover, Rule 4.3 and other
				safety rules in this series apply to motor carriers and private commercial
				carriers that are statutorily subject to the Commission's safety jurisdiction.
				The term "motor carrier" includes an "exempt carrier".
1.2. Authority. - W. Va. Code
				§§24-2-1b, 24-2-2, 24A-2-3, 24A-3-4, 24A-3-6, 24A-4-1, 24A-5-2,
				24A-5-2b, and 24A-5-5.
1.3. Filing
				Date. - December 14, 2021
1.4.
				Effective Date. - January 13, 2022
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-09 - Rules Governing Motor Carriers, Private Commercial Carriers, and the Filing of Evidence of Insurance and Financial Responsibility by Motor Carriers › Section 150-9-3 - Rules and Regulations Governing the Filing and Approval of Surety Bonds, Policies or Certificates of Insurance, Qualifications as a Self-Insurer, and Other Evidence of Financial Responsibility by Motor Carriers

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Prohibition of for-hire operations until
				a motor carrier has filed proper evidence of insurance or other financial
				responsibility and the filing has been approved by the Commission.
3.1.1. No motor carrier shall operate any
				motor vehicle upon the highways of West Virginia and no certificate or permit
				issued by the Commission shall remain in force unless and until the motor
				carrier has filed with die Commission, and the Commission has approved a surety
				bond, policy of insurance (or certificate of insurance in lieu thereof),
				qualifications as a self-insurer, or other securities or agreement in not less
				than the amounts hereinafter prescribed, conditioned to pay, within the amount
				of such surety bond, policy or insurance (or certificate of insurance in lieu
				thereof), qualifications as a self-insurer, or other securities or agreements,
				any final judgment recovered against such motor carrier for loss or damage to
				the property of others or for bodily injuries to, or the death of, any person
				resulting from the negligent operation, maintenance, ownership, or use of motor
				vehicles that have been operated by that motor carrier, or its employees or
				agents, in the for-hire transportation of passengers or property.
3.1.2. Private carriers of hazardous
				materials and hazardous wastes must also comply with the rules with respect to
				evidence of insurance, self-insurance, or other financial responsibility that
				are set forth in die federal regulations that have been incorporated by
				reference in Rule 4.3.1.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-09 - Rules Governing Motor Carriers, Private Commercial Carriers, and the Filing of Evidence of Insurance and Financial Responsibility by Motor Carriers › Section 150-9-4 - Rules Applicable to All or Some Motor Carriers

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Practice and procedure. - The Rules of
				Practice and Procedure adopted by the Commission, where appropriate and
				applicable, shall apply to all motor carriers.
4.2. Filing of tariffs and rate schedules.
4.2.1. Filing Required - All schedules,
				rules, regulations, special contracts, and other charges, or modifications of
				the same, for the transportation of persons or property for hire by motor
				vehicles shall not become effective until approved by, and filed with, the
				Commission.
4.2.2. Manner of Filing
				- Tariffs containing all the rates, rules, and regulations of each motor
				carrier shall be filed in the manner prescribed by the Commission in the "Rules
				for the Construction and Filing of Tariffs" and such other amendments or
				modifications thereto that may have been, or may hereinafter be,
				adopted.
4.2.3. Forms for Filing -
				The Commission will, upon application, furnish proper forms to be used for the
				filing of tariffs and applications for changes in rates, fares, and
				charges.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-09 - Rules Governing Motor Carriers, Private Commercial Carriers, and the Filing of Evidence of Insurance and Financial Responsibility by Motor Carriers › Section 150-9-5 - Rules and Regulations Applicable to Motor Carriers Transporting Passengers

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Transportation of property by motor carriers of passengers.
5.1.1. A motor carrier authorized to
				transport passengers may also transport property if the transportation of
				property is performed in a safe and lawful manner.
5.1.2. Passenger-carrying vans regulated by
				the Commission must be equipped with a device to secure any item that could
				become a projectile, including but not limited to carry-on luggage, tools,
				tires, jacks or like items.
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 150-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - In
				view of the power given to the Commission under §2 4-2-2, 5, 7, 8 and 9 of
				the West Virginia Code to regulate the rates and practices of public utilities
				in this State through lawful rules, regulations and orders, and in view of the
				limited jurisdiction granted to the Commission over electric cooperatives,
natural gas cooperatives,
telephone cooperatives and
				municipally operated utilities by § 24-2-4 b of the Code, the Commission
				has developed this Rule to provide guidance _to electric ..cooperatives,
natural gas cooperatives,
telephone cooperatives and
				municipalities and to their customers about Public Service Commission
				involvement with rate changes by such utilities.
Provides
				procedures to be followed by electric cooperatives,_ natural gas cooperatives,
				telephone cooperatives, and municipal utilities for changing utility rates, and
				procedures to be followed by the Commission in its exercise of jurisdiction
				over such rate changes and
for the timely disposition of such
				rates within the statutory requirements of Code 524-2-4b.
1.2. Authority. - W.Va. Code §§
									24-1-7,
				24-2-2,
				4b, 5, 7, 8 and 9, and 2 4-3-2 and 5
D
7
1.3. Filing Date. - September
				27,1983
1.4. Effective Date, -
				November 26, 1.983
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-11 - Rules And Regulations Governing The Transportation Hazardous Waste By Rail › Section 150-11-2 - The Manifest System

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
2.1.a. A rail carrier may not accept
				hazardous waste from a generator unless it is accompanied by a manifest signed
				by the generator in accordance with Section 5 of 33 CSR 20.
2.1.b. Before transporting the hazardous
				waste, the rail carriers must sign and date the manifest acknowledging
				acceptance of the hazardous waste from the generator. The transporter must
				return a signed copy to the generator before leaving the generator's
				property.