reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-11 - Rules And Regulations Governing The Transportation Hazardous Waste By Rail › Section 150-11-3 - Record keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. For
				shipments by rail within the United States, the initial transporter of
				hazardous waste must keep a copy of the manifest and shipping paper containing
				all information required in Section 2.3. for a period of three years from the
				date the hazardous waste was accepted by the initial transporter.
3.2. For shipments by rail within the United
				States, the final rail transporter must keep a copy of the signed manifest, or
				the shipping paper if signed by the designated facility in lieu of the
				manifest, for a period of three years from the date the hazardous waste was
				accepted by the initial transporter.
3.3. A rail carrier who transports hazardous
				waste out of the United States must keep a copy of the manifest indicating that
				the hazardous waste left the United States for a period of three years from the
				date the hazardous waste was accepted by the initial transporter.
3.4. The periods of record retention referred
				to above are extended automatically during the course of any unresolved
				enforcement action regarding the regulated activity or as required by the
				Commission.
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 150-11-4 - Labeling

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All rail cars
				transporting hazardous waste shall be so marked in accordance with the
				applicable provisions of the hazardous material regulations contained in 49 CFR
				172.
4.2. A rail transporter shall
				not accept packaged containers of hazardous waste for shipment unless all
				labeling and packaging requirements of these regulations have been
				met.
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 150-11-5 - Discharges

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In the event
				of a discharge of hazardous waste during transportation, the rail transporter
				must take appropriate immediate action to protect human health and the
				environment. (e.g. notify local authorities, in the discharge area). Any
				discharges shall be primarily the responsibility of the rail
				carriers.
5.2. If a discharge of
				hazardous waste occurs during rail transportation, and an official (State or
				Federal Agency) acting within the scope of his official responsibilities
				determines that the immediate removal of the waste is necessary to protect
				human health or the environment, that official may authorize removal of the
				waste by transporters who do not have EPA identification numbers and without
				the preparation of a manifest.
5.3.
5.3.a. At the earliest practical moment, a
				rail transporter must give notice of a discharge to:
1. The Railroad Safety Division of the Public
				Service Commission of West Virginia, 201 Brooks Street, Post Office Box 812,
				Charleston, West Virginia, 25323; Telephone (304)340-0474.
2. The West Virginia Department of
				Environmental Protection, Environmental Enforcement at
				1-800-642-3074.
3. The National
				Response Center, 1-800-424-8802 or 1-202-426-2675, but only if:
A. A person is killed; or
B. A person receives injuries requiring
				hospitalization; or
C. Total
				property damage from the discharge exceeds fifty thousand dollars ($50,000);
				or
D. The discharge involves
				radioactive waste and/or materials; or
E. The discharge involves shipment of
				etiologic agents; or
F. An
				evacuation of the general public occurs lasting one or more hours; or
G. One or more major transportation arteries
				or facilities are closed or shut down for one hour or more; or
H. The operational flight pattern or routine
				of an aircraft is altered; or
I.
				Fire breakage, spillage or suspected radioactive contamination occurs involving
				shipment of radioactive material; or
J. Fire breakage, spillage or suspected
				contamination occurs involving shipment of etiologic agents; or
K. There has been a release of a marine
				pollutant in a quantity exceeding 450 L (119 gallons) for liquids or 400 Kg
				(882 pounds) for solids; or
L. The
				situation, in the judgment of the carrier, should be reported. (e.g., a
				continuing danger to life exists at the scene of the incident).
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 150-11-6 - Revisions to Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. For
				the purpose of assuring that:
6.1.a. These
				regulations are consistent with the regulations of the United States
				Environmental Protection Agency adopted pursuant to the federal Solid Waste
				Disposal Act, as amended;
6.1.b.
				The State Hazardous Waste Management Program is equivalent to and consistent
				with the federal Hazardous Waste Management Program adopted pursuant to
				Subtitle C of the federal Solid Waste Disposal Act, as amended;
6.1.c. Changes in the regulations of the
				United States Environmental Protection Agency which have been adopted by
				reference in these regulations are properly placed into effect under State law;
				and
6.1.d. The requirements of the
				State Hazardous Waste Management Act are otherwise satisfied, the Commission
				shall revise these regulations in accordance with the procedures set forth in
				Section 6.2., as necessary.
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 150-11-7 - Variances

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commission
				may grant a variance from one or more of the specific provisions of these
				regulations upon written application from any person who is subject to these
				regulations.
7.2. An application
				for a variance must: identify specific provisions of these regulations from
				which a variance is sought; and demonstrate that suspension or modification of
				the identified provision will, on the basis of conditions unique and peculiar
				to the applicant's particular situation, have no significant adverse impact on
				public health or the new environment.
7.3. The Commission may not grant any
				variance which would result in requirements which are any less strict than the
				applicable federal law or regulations.
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 150-11-8 - Standards for Universal Waste Transporters

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Applicability. This Section applies to
				persons engaged in the off-site transportation by rail of universal waste (as
				defined in 40 CFR 273.6, as incorporated by reference in Section 13 of 33 CSR
				20).
8.2. Prohibitions. A universal
				waste transporter is:
8.2.a. Prohibited from
				disposing of universal waste; and
8.2.b. Prohibited from diluting or treating
				universal waste, except by responding to releases as provided in
				40 CFR
				273.54, as incorporated by reference in
				Section 13 of 33 CSR 20.
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 150-11-9 - Standards for Used Oil Transporters

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Applicability.
9.1.a. General. Except as provided in
				paragraphs 9.1.a.1. through 9.1.a.4., this section applies to all used oil rail
				transporters.
1. This section does not apply
				to on-site transportation.
2. This
				section does not apply to generators who transport shipments of used oil
				totaling 55 gallons or less from the generator to a used oil collection center
				as specified in
				40 CFR
				279.24(a), as incorporated
				by reference at Section 14 of 33 CSR 20.
3. This section does not apply to generators
				who transport shipments of used oil totaling 55 gallons or less from the
				generator to a used oil aggregation point owned or operated by the same
				generator as specified in
				40 CFR
				279.24(b), as incorporated
				by reference in Section 14 of 33 CSR 20.
4. This section does not apply to
				transportation of used oil from household do-it-yourselfers to a regulated used
				oil generator, collection center, aggregation point, processor/re-refiner, or
				burner subject to the requirements of Section 14 of 33 CSR 20. Except as
				provided in paragraphs 9.1.a.1. through 9.1.a.3., this section does, however,
				apply to transportation of collected household do-it-yourselfer used oil from
				regulated used oil generators, collection centers, aggregation points, or other
				facilities where household do-it-yourselfer used oil is collected.
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 150-11-10 - Standards applicable to the transportation of solid waste military munitions

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Unless otherwise specified in this section, all applicable requirements in
				Sections 1 through 7 of these regulations and the West Virginia Department of
				Environmental Protection's Rules implementing the Hazardous Waste Management
				Act (33 CSR 20) apply to waste military munitions.
10.2. Criteria for hazardous waste regulation
				of waste non-chemical military munitions in transportation.
10.2.a. Waste military munitions that are
				being transported and that exhibit a hazardous waste characteristic or are
				listed as hazardous waste under Section 3 of 33 CSR 20, are listed or
				identified as a hazardous waste (and thus are subject to regulation under
				Sections 1 through 7 of these regulations and West Virginia Department of
				Environmental Protection Rules implementing the Hazardous Management Act (33
				CSR 20), unless all the following conditions are met:
1. The waste military munitions are not
				chemical agents or chemical munitions;
2. The waste military munitions must be
				transported in accordance with the Department of Defense shipping controls
				applicable to the transport of military munitions;
3. The waste military munitions must be
				transported from a military owned or operated installation to a military owned
				or operated treatment, storage, or disposal facility; and
4. The transporter of the waste must provide
				oral notice to the Railroad Safety Section of the Public Service Commission of
				West Virginia within 24 hours from the time the transporter becomes aware of
				any loss or theft of the waste military munitions, or any failure to meet a
				condition of Rule 10.2.a. that may endanger health or the environment. In
				addition, a written submission describing the circumstances shall be provided
				within 5 days from the time the transporter becomes aware of any loss or theft
				of the waste military munitions or any failure to meet a condition of Rule
				10.2.a.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-12 - Intrastate Rail Transportation › Section 150-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
a.Public Law 96-448, "The Staggers Rail Act
				of 1980", requires the states which wish to retain jurisdiction over intrastate
				rail transportation to bring their standards and procedures for regulating
				railroad rates, classifications, rules and practices into conformity with the
				Interstate Commerce Act. It is the intent of Congress that railroad companies
				receive adequate revenues through regulatory encouragement of model
				competition, rate flexibility, and relaxed rate reasonableness
				standards.
b. Mindful of this
				Commission's obligations to safeguard the public's interests, it shall
				henceforth be the policy of the Public Service Commission of West Virginia to
				regulate railroad matters in a manner consistent with the standards and
				procedures set forth by Congress in the Interstate Commerce Act. Moreover,
				where state and federal standards and procedures differ, federal standards will
				control, particularly those set forth in the decision of the Interstate
				Commerce Commission in State Intrastate Rail Rate Authority, 5 I.C.C.2nd 680
				(1989).
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-12 - Intrastate Rail Transportation › Section 150-12-2 - Filing of Railroad Rates

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Notice period for filing railroad tariffs. -- In accordance with 49 U.S.C.
				'10762(c)(3) the notice period for filing railroad tariffs with the Public
				Service Commission of West Virginia which contain new or changed rates,
				classifications, rules, practices or other provisions shall be as follows:
a. The tariff shall be on file with this
				Commission at least twenty (20) days prior to its effective date for rates or
				provisions published in connection with new service or changes resulting in
				increased rates or decreased value of service.
b. The tariff shall be on file with this
				Commission at least ten (10) days prior to its effective date for changes
				resulting in decreased rates or increased value of service, or changes
				resulting in neither increases nor reduction, except that independently filed
				new or reduced rates may become effective on one-day's notice.
c. The tariff shall be on file with this
				Commission at least forty-five (45) days prior to its effective date for joint
				rate surcharges and cancellations filed pursuant to the provisions of 49 U.S.C.
				'10705a.
d. A railroad or its
				publishing agent may present a petition to the Commission seeking to depart
				from the provisions of (1), (2) or (3) if good cause can be shown.
e. The notice period for railroad rate
				contracts filed with this Commission is set forth at Rule 7.2(6) of these
				rules.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-12 - Intrastate Rail Transportation › Section 150-12-3 - Investigation and Suspension of Railroad Rates

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Commencement of Proceedings.
a. When a new individual or joint rate
				(except general rate increases, inflation based increases, or fuel adjustment
				surcharges filed under the provisions of 49 U.S.C. '11501(b)(6) over which the
				Public Service Commission of West Virginia has no jurisdiction) or an
				individual or joint classification, rule, or practice related to a rate is
				filed with the Public Service Commission of West Virginia by a rail carrier the
				Commission may:
1. on its own initiative,
				commence an investigation proceeding, or
2. upon protest of an interested party
				commence an investigation proceeding, or
3. upon protest of an interested party
				commence an investigation and suspension proceeding to determine whether the
				proposed rate classification, rule or practice is discriminatory, unreasonable,
				or in any other way violates applicable law.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-12 - Intrastate Rail Transportation › Section 150-12-4 - Procedural Requirements for Protests and Replies Regarding Proposed Rail Rates, Classification, Rule or Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Liberal construction. -- These rules
				shall be liberally construed to secure just, speedy and inexpensive
				determination of the issues presented.
4.2. Definitions.
a. "Proceeding" -- an investigation
				instituted by the Commission.
b.
				"Protestant" -- means a person opposed to any tariff or schedule becoming
				effective.
c. "Respondent" -- means
				the railroad and/or their agent against whom the protest is filed or any other
				person designated by the Commission to participate in the proceeding.
d. "Party" -- shall include the "Protestant"
				and "Respondent" or others permitted or directed by the Commission to
				participate in the proceeding.
e.
				"Pleading" -- means a protest, reply to protest, a motion or any other written
				comment relating to the proceeding.
f. "Person" -- shall include individuals as
				well as corporations, companies, associations, firms, partnerships,
				co-partnerships, societies, joint stock companies, or a trustee, receiver,
				assignee, or personal representative of another individual.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-12 - Intrastate Rail Transportation › Section 150-12-5 - Rules Relating to Determination of Market Dominance in Commission Proceedings Market Dominance Guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Intramodal competition.
a. Intramodal competition refers to
				competition between two (2) or more railroads transporting the same commodity
				between the same origin and destination. A shipper has rail alternatives when,
				for a given purpose, he can be served by more than one railroad or combination
				of different railroads. The degree to which these alternatives compete with one
				another depends on such factors as:
1. the
				number of rail alternatives;
2. the
				feasibility of each alternative as evidenced by:
A. physical characteristics of the route
				associated with each alternative that are indicative of the feasibility of
				using that alternative for the traffic in question (e.g., circuity, track
				conditions, etc.); and
B. the
				direct access of both the shipper and the receiver to each of the rail
				alternatives as evidenced by individual rail sidings, neutral terminal
				companies or reciprocal switching; or if direct access is not available, then
				the feasibility of using local trucking to transport the commodity to or from
				terminals;
3. the
				transportation costs associated with each alternative (to determine if actual
				use of alternatives is due to excessive rates charged by the rail carrier in
				question);
4. collective rate
				making among the railroads in question as evidenced by rate bureau involvement;
				and
5. evidence of substantial rail
				related investment or long term supply contracts (more weight will be given
				these contracts if made prior to October 1, 1980).
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-12 - Intrastate Rail Transportation › Section 150-12-6 - Rules, Regulations, and Requirements Relative to Complaints Against the Reasonableness of Intrastate Railroad Rates

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Formal complaints - general allegations.
				-- A formal complaint shall be so drawn as to fully and completely advise the
				parties, defendant and the Commission in what respects the provisions of the
				Interstate Commerce Act ("the Act") have been or are being violated or will be
				violated, and shall set forth briefly and in plain language the facts claimed
				to constitute such violations. If two (2) or more sections or subsections of
				the Act or requirements established pursuant thereto are alleged to be
				violated, the facts claimed to constitute violation of one section, subsection,
				or requirement shall be stated separately from those claimed to constitute a
				violation of another section, subsection, or requirement whenever that can be
				done by reference or otherwise without undue repetition.
6.2. Formal complaints - when monetary relief
				sought.
a. A formal complaint seeking
				monetary relief, when permitted under the Act, shall be filed within the
				statutory period, and shall contain such data as will serve to identify with
				reasonable definiteness the shipments or transportation services in respect of
				which monetary relief is sought. Such complaint shall state:
1. that complainant makes claim for monetary
				relief;
2. the name of each
				individual seeking monetary relief;
3. the names of defendants against which
				claim is made;
4. the commodities,
				the rate applied, the date when the charges were paid, by whom paid, and by
				whom borne;
5. the period of time
				within which or the specific dates upon which the shipments were made, and the
				dates when they were delivered or tendered for delivery;
6. the points of origin and destination,
				either specifically or, where they are numerous, by definite indication of a
				defined territorial or rate group of the points of origin and destination and,
				if know, the routes of movement; and
7. the nature and amount of the injury
				sustained by each claimant.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-12 - Intrastate Rail Transportation › Section 150-12-7 - Rules, Regulations and Requirements Related to Intrastate Railroad Transportation Contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Definition of the term "contract."
a. a
				contract subject to this section is a written agreement, including any
				amendment, entered into by one or more rail carriers with one or more
				purchasers of rail services, to provide specified services under specified
				rates, charges and conditions.
b. A
				contract filed under this section shall:
1.
				specify that the contract is made pursuant to 49 U.S.C. '10713, and
2. be signed by duly authorized
				parties.
c. the term
				"amendment" includes written contract modifications signed by the
				parties.
d. An amendment is treated
				as a new contract. -- An amendment is lawful only if it is filed and approved
				in the same manner as a contract. To the extent terms affecting the lawfulness
				of the underlying contract are changed, remedies are revived and review is
				again available.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-12 - Intrastate Rail Transportation › Section 150-12-8 - Exemption of Particular Rail Transportation from Regulation Under 49 U.S.C. '10505

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. State
				exemptions to be contemporaneous with federal exemptions.
a. From time to time the Interstate Commerce
				Commission, pursuant to 49 U.S.C. '10505, may exempt certain classes of traffic
				from interstate regulations. In instances where interstate traffic is exempted
				from regulation, intrastate traffic of the same nature shall contemporaneously
				be exempted from regulation by this Commission.
b. This Commission, any interested West
				Virginia State agency, a railroad, a shipper or any interested third party may
				present its reasons to the Interstate Commerce Commission why exempted
				intrastate traffic should continue to be subject to regulation. The ICC has
				pledged to consider such petitions on a case by case basis.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-12 - Intrastate Rail Transportation › Section 150-12-9 - Discrimination

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Discrimination
				for rail carriers defined.
Differences between rates, classification, rule and practices
				  of rail carriers providing transportation subject to the jurisdiction of the
				  Commission are expressly not discriminatory under West Virginia or Federal law
				  if such differences result from different services provided by rail
				  carriers.
9.2. Specific
				instances of absence of discrimination.
Rail rates are specifically not unlawfully discriminatory if
				  they arise from:
a. contracts approved
				under Rule 7.
b. surcharges or
				cancellations under 49 U.S.C. '10705a,
c. separate rates for distinct rail services
				under 49 U.S.C. '10728,
d. rail
				rates applicable to different routes,
e. business entertainment expenses authorized
				under 49 U.S.C. '10751.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-12 - Intrastate Rail Transportation › Section 150-12-10 - Limited Liability Rate

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Rail rate limiting liability of carrier.
A rail carrier providing transportation of service subject to
				  the jurisdiction of the Commission may establish rates for transportation of
				  property under which the liability of the carrier for such property is limited
				  to a value established by written declaration of the shipper or by a written
				  agreement between the shipper and the carrier, and may provide in such written
				  declaration or agreement for the specified amounts to be deducted from any
				  claim against the carrier for loss or damage to the property or for delay in
				  the transportation of such property.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-13 - Broadcast And Still Picture Photographic Equipment In Public Hearing Of WV PSC › Section 150-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule applies to the use of broadcast and still picture photographic
				equipment in all public hearings of the West Virginia 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.
1.3. Filing
				Date. -- June 16, 1981.
1.4.
				Effective Date. -- August 15, 1981.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-13 - Broadcast And Still Picture Photographic Equipment In Public Hearing Of WV PSC › Section 150-13-2 - Use Of Broadcast And Still Picture Photographic Equipment In Public Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Television, radio, and still picture photography coverage is permitted in all
				public hearings of the West Virginia Public Service commission subject to the
				following guidelines:
a. Cameras and broadcast
				equipment shall be placed in an unobtrusive location that provides reasonable
				access to coverage. Such coverage should be as inconspicuous and quiet as
				reasonably possible.
b. Movements
				into, out of, and within the hearing room shall be unobtrusive.
c. The hearing commissioner or administrative
				law judge shall have discretion to establish and to require compliance with
				reasonable restrictions relating to camera and microphone placement, movement,
				and lighting as he or she may deem necessary to maintain the dignity and
				efficiency of Commission proceedings.
d. The record taken and transcribed by the
				designated court reporter shall be the official record of the Public Service
				Commission hearings.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-14 - Rules And Regulations Governing The Filing And Approval Of Surety Bonds, Policies Of Insurance, qualifications as Self-Insurer Or other Securities And Agree › Section 150-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and regulations approved and prescribed to afford the reasonable
				protection of the traveling, shipping, and general. public against injury,
				loss, damage, or default for which common and contract carriers by motor
				vehicle subject to the provisions of Chapter 24A of the Code of West Virginia,
				1931, as amended, may be liable. These rules govern the filing and approval-of
				surety bonds, policies of insurance, qualifications as a self-insurer, or -
				other securities and agreements by motor carriers subject to the jurisdiction
				of the Public Service Commission pursuant to West Virginia Code §
									24-2-1.
1.2. Authority. -- W. Va. Code §
									24A-2-3,
				24A-3-4,
				24A-3-6
				and 2 4A-5-5
1.3. Filing Date. --
				September 17, 1997
1.4. Effective
				Date.-- November 20, 1997
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-14 - Rules And Regulations Governing The Filing And Approval Of Surety Bonds, Policies Of Insurance, qualifications as Self-Insurer Or other Securities And Agree › Section 150-14-2 - RULE I - Filing and Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. No motor carrier subject to the
				provisions of Chapter 24-A of the Code of West Virginia, 1931, as amended,
				shall operate any motor facility upon the highways of this State, and no
				certificate or permit shall be issued to a motor carrier, or shall remain in
				force unless and until there shall have been filed with and approved by the
				Commission a surety bond, policy of "insurance (or certificate of insurance in
				lieu thereof), qualifications as a self-insurer, or other securities or
				agreements in not less than the amounts hereinafter prescribed, conditioned to
				pay, within the amount -of such surety bond, policy of 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 bodily injuries to or the death of any person resulting from
				the negligent operation, maintenance, ownership, or use of motor vehicles under
				such certificate or permit, or for loss or "damage to property of others; nor
				shall any common carrier by motor vehicle subject to the provisions of . said
Chapter 24-A, as amended, operate any motor facility upon
				  the' highways of this State, nor shall any certificate be issued to such
				  carrier, nor remain in force unless and until there shall have been filed with
				  and approved by the Commission a surety bond, policy of insurance (or
				  certificate of insurance in lieu thereof) 7 qualifications as a self-insurer,
				  or other securities or agreements in not less than the amounts hereinafter
				  prescribed, conditioned upon such carrier making compensation to shippers or
				  consignees for" all property belonging to shippers or consignees and coming
				  into the possession of such carrier in connection with its transportation
				  service.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-14 - Rules And Regulations Governing The Filing And Approval Of Surety Bonds, Policies Of Insurance, qualifications as Self-Insurer Or other Securities And Agree › Section 150-14-3 - RULE II - Minimum Amounts Prescribed

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The minimum amounts referred to in Rule
				I are hereby prescribed as follows:
3.1.1.
				Motor carriers - bodily injury liability property damage liability - (SEE
				APPENDIX (A) )
3.1.2. Motor Comnon
				Carriers - Cargo Liability Security required to compensate shippers or
				consignees for loss of or damage to property belonging to shippers or
				consignees coming into the possession of motor common carriers in connection
				with their transportation service, (1) for loss or -damage to property carried
				on any one motor vehicle
550, 000
(2) for loss of or damage
				  to or aggregate of . losses or damages of or to property occurring at any one
				  time and place
$10 Q, 000
Provided,
That
				  this requirement shall not apply to the transportation of low-grade
				  commodities; wrecked or disabled motor vehicles; coal; logs; or trash, rubbish
				  or garbage.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-14 - Rules And Regulations Governing The Filing And Approval Of Surety Bonds, Policies Of Insurance, qualifications as Self-Insurer Or other Securities And Agree › Section 150-14-4 - RULE III - Motor Vehicle Combinations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The following combinations will be
				regarded as one motor, vehicle for .purposes of these rules: a tractor and
				trailer or semi-trailer when the tractor is engaged solely "in drawing the
				trailer or semi-trailer; and a truck and trailer when both together bear a
				single load.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-14 - Rules And Regulations Governing The Filing And Approval Of Surety Bonds, Policies Of Insurance, qualifications as Self-Insurer Or other Securities And Agree › Section 150-14-5 - RULE IV - Qualifications as a Self-Insurer and Other Securities or Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Commission will give consideration to and will approve the application of a
				motor carrier to qualify as a self-insurer if such carrier furnishes a true and
				accurate statement of its financial condition and other evidence which will
				establish to the satisfaction of the Commission the ability of such motor
				carrier to satisfy its obligations for bodily injury liability, property damage
				liability, or cargo liability without affecting the stability or., permanency
				of the business of such motor carrier.
5.2. The Commission will also consider
				applications for approval of other securities or-agreements and will "approve
				any such applications if satisfied that the securities or agreement offered
				will afford the security for the protection of the public contemplated by
				paragraph (g), section 5, article 5, of the Motor Carrier Law.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-14 - Rules And Regulations Governing The Filing And Approval Of Surety Bonds, Policies Of Insurance, qualifications as Self-Insurer Or other Securities And Agree › Section 150-14-6 - RULE V - Bonds and Insurance Policies

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each certificate or policy of insurance
				or surety bond with corporate or individual sureties filed with the Commission
				for approval must be for not " less than the full limits "of liability required
				under these rules and regulations. In each case in which the surety on any such
				bond is a surety company, such company must be ._one approved, and authorized
				to do business in this State.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-14 - Rules And Regulations Governing The Filing And Approval Of Surety Bonds, Policies Of Insurance, qualifications as Self-Insurer Or other Securities And Agree › Section 150-14-7 - RULE VI - Forms and Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Endorsements for policies of insurance,
				surety bonds, certificates of insurance "and applications to qualify as a
				self-insurer, or" for approval of other securities or agreements, and notices
				of cancellation" must be in the forms prescribed and approved by the
				Commission.
7.2. Certificates of
				insurance, surety bonds, and notices of cancellation must be filed with the
				Commission in duplicate. Upon receipt and approval by the Commission, one copy
				will be stamped "received and approved" and returned to the home office of the
				insurance or surety company.
7.3.
				insurance policies and surety bonds shall be written in the full and correct
				name of the individual, partnership, corporation, or other person to whom the
				certificate or permit is issued. In case of a partnership, all " partners shall
				be named.
7.4. All certificates.--
				of -insurance filed with this Commission will denote a definite expiration
				date.
7.5. Surety bonds, policies
				of insurance endorsements or certificates of insurance and other securities and
				agreements shall not be cancelled until after thirty (30) days' notice in
				writing by the insurance company, surety or sureties, motor carrier, or other
				party thereto, as the case may be, has first been given to the Commission at
				its office in Charleston, West Virginia, which period of thirty (30) days shall
				commence from the date such notice is actually received at" the office of the
				Commission.
7.6. Motor carriers
				subject to the jurisdiction of this Commission are hereby required to maintain
				in effect at all times the security for the protection of the public prescribed
				by these rules.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-14 - Rules And Regulations Governing The Filing And Approval Of Surety Bonds, Policies Of Insurance, qualifications as Self-Insurer Or other Securities And Agree › Section 150-14-8 - RULE VII - Policies of Insurance Amended

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Policies of insurance as amended by the
				endorsements provided by these rules covering bodily injury liability, property
				damage liability, and cargo liability must be written by insurance companies
				legally authorized to transact business in this State.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-14 - Rules And Regulations Governing The Filing And Approval Of Surety Bonds, Policies Of Insurance, qualifications as Self-Insurer Or other Securities And Agree › Section 150-14-9 - RULE VIII - Refusal to Accept or Revoke

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Commission may, at any time, refuse
				to accept or may revoke its approval of any surety bond, policy of insurance
				(or certificate of insurance in lieu thereof), qualification as a self-insurer,
				or other securities or agreements if, in its judgment, such security does not
				comply with these rules or, for any reason, fails to provide satisfactory or
				adequate protection for the public.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-14 - Rules And Regulations Governing The Filing And Approval Of Surety Bonds, Policies Of Insurance, qualifications as Self-Insurer Or other Securities And Agree › Section 150-14-10 - FORMS

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Forms
				hereby prescribed shall be used by each common and contract carrier by motor
				vehicle of passengers and property subject to the provisions of Chapter 24A of
				the Code of West Virginia, 1931, as amended, in observing the rules and
				regulations herein prescribed, as follows
10.1.1. P.S.C. W.VA. M.C. FORM 17 - Notice of
				Cancellation of Motor Carrier Policies of Insurance;
10.1.2. P.S.C. W.VA. M.C. FORM 18 - Notice of
				Cancellation of Motor Carrier Surety Bonds;
10.1.3. P.S.C. W.VA. M.C. -FORM 21 -
				Application for Authority to Self-Insurer;
10.1.4. P.S.C. W.VA. M.C. FORM 22-A -
				Endorsement for Motor Carrier Policies of Insurance for Bodily Injury Liability
				and Property Damage Liability;
10.1.5. P.S.C. W.VA. M.C. FORM 23 -
				Endorsement for Motor Common Carrier Policies of Insurance for Cargo
				Liability;
10.1.6. P.S.C. W.VA.
				M.C. FORM 2 4-A - Certificate of Cancellation of Motor Carrier Policies of
				Insurance;
10.1.7. P.S.C. W.VA.
				M.C. FORM 25 -.Certificate of Cancellation of Motor Carrier .Policies of
				Insurance;
10.1.8. P.S.C. W.VA.
				M.C. FORM 45-A - Motor Common Carrier Cargo Liability Surety Bond;
				and
10.1.9. P.S.C. W.VA. M.C. FORM
				4 6 - Motor Common Carrier Cargo Liability Surety Bond.
(P.S.C. W.VA. M.C. Forms may be obtained from the Motor
				  Carrier Division of the Public Service Commission)
FORMS MAY BE OBTAINED FROM THE SECRETARY OF STATE'S
				  OFFICE
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 150-15 - Rules And Regulations For The Government Of Telephone Utilities › Section 150-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule deals with the use of the number A911".
1.2. Authority. -- W. Va. Code '24-6-10.
1.3. Filing Date. -- May 9, 1997.
1.4. Effective Date. -- July 11,
				1997.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-15 - Rules And Regulations For The Government Of Telephone Utilities › Section 150-15-2 - Prohibition Regarding the Use of the Number A911"

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. No person or organization of any kind
				may use the number A911" in their title or name unless the person or
				organization is authorized to provide emergency telephone services for
				firefighting, law enforcement and/or medical personnel by means of the
				operation of or oversight over one or more local emergency telephone systems as
				the same are defined in W. Va. Code '24-6 et seq.
2.2. Except as specified below, no person or
				organization may use the designation A911" for any purpose other than to
				promote the education of the public regarding A911" service or to otherwise
				provide information pertaining to local emergency telephone systems as the same
				are defined in W. Va. Code '24-6 et seq.
2.3. No person or organization may use such
				numbers which are similar to A911" to deceive the public regarding the user's
				affiliation with the provision of emergency telephone services for
				firefighting, law enforcement and/or medical personnel.
2.4. These rules shall not affect motor
				vehicle license plate numbers issued by the Division of Motor Vehicles, nor
				shall it affect race cars that use a A911 logo when the number is not used for
				purpose of deceiving the public that the operator or owner operates A911"
				services.
2.5. The Public Service
				Commission may require the modification or discontinuance of distribution of
				materials which use A911" for the purposes of education of the public, when the
				Commission determines the educational materials do not accurately reflect the
				appropriate use of "911" services.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-16 - Rules Governing The Transportation Of Natural Gas › Section 150-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule applies to the transportation of natural gas within the State
				of West Virginia.
1.2. Authority.
				-- W. Va. Code §§
									24-1-1,
				24-1-7,
				24-2-7,
				24-2-11,
				and
				24-2-20,
				24-3-3a.
1.3. Filing Date. -- April 15,
				2021.
1.4. Effective Date. -- June
				14, 2021.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-16 - Rules Governing The Transportation Of Natural Gas › Section 150-16-3 - Waiver

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Waiver -
If hardship results from the application of any rule herein
				  prescribed, 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 the application for such modification or exemption must be submitted with
				  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 150-16 - Rules Governing The Transportation Of Natural Gas › Section 150-16-4 - Transportation Obligations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Obligations -
All natural gas public utilities and intrastate pipelines
				  shall provide non-discriminatory transportation of customer-owned gas, upon
				  request, upon a first come/first served basis, to persons requesting such
				  service over the existing facilities of the utility or intrastate pipelines.
				  Transportation service shall include service to a pool, provided, however, that
				  pool membership shall be made available only to interruptible transportation
				  customers. Pooling shall be made available to human needs customers only as set
				  forth in these Gas Transportation Rules.
4.2. Conditions -
The obligation to provide transportation services shall be
				  subject to valid capacity restraints. Pooling service also shall be subject to
				  valid operational characteristics of the utility or intrastate pipeline,
				  satisfactory proof that the pool operator is qualified under the provisions of
				  these regulations and/or other Commission consideration(s) and all other laws
				  of the State.
4.2.1. A rebuttable
				presumption shall exist that adequate capacity exists to provide the requested
				transportation service.
4.2.2. In
				the event of a dispute between an existing or potential transportation customer
				and a public utility or intrastate pipeline over the adequacy of capacity to
				provide the requested transportation service, the Commission shall resolve the
				dispute through its complaint procedures in which the utility or intrastate
				pipeline will have the initial burden of overcoming a presumption that adequate
				capacity does exist.