West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-4 - Filings and Service of Filings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Filings.
4.1.1. The Executive Secretary shall stamp
				with the date of receipt all communications addressed to the Commission and
				file all petitions, applications, answers, pleadings, reports, exhibits,
				depositions, transcripts, orders and other papers or documents.
4.1.2. All papers, of whatever character,
				offered for filing in any case shall show the title and style of the case and
				the docket number. The Executive Secretary is not required to file unidentified
				papers.
4.1.3. All papers, other
				than complaints and engineering plans and specifications, offered for filing in
				any case shall include an original and twelve (12) copies. One of the twelve
				(12) copies shall be filed unbound (or bound only with paper clips or binder
				clips to facilitate document scanning.) The foregoing requirement applies to
				discovery requests. A party shall file one copy of its engineering plans and
				specifications. A party shall file only the original complaint. A pro se
				complainant shall file only originals of any paper filed in a case. A party may
				make filings by facsimile provided that the faxed document is addressed to the
				Executive Secretary, does not exceed 20 pages, includes a certificate that the
				filer mailed the original to the Executive Secretary on the same day that the
				facsimile was sent and that the filer faxed the filing at the same time to all
				other parties in the case, if possible. The original mailed to the Executive
				Secretary must be accompanied by the requisite number of copies. The filing
				party must comply with all other notice and service requirements. A party may
				obtain a date-stamped copy of its filing by a request which includes an
				additional copy of the filing along with a stamped, self-addressed
				envelope.
4.1.4. A party or an
				entity seeking party status, that is not a corporation or limited liability
				company, including foreign and professional limited liability companies, may
				make any filings with the Commission by either a duly authorized person or by
				an attorney at law. A party or entity seeking party status that is a
				corporation or limited liability company, may file preliminary filings by
				either a duly authorized person or an attorney at law. A party or entity
				seeking party status that is a corporation or limited liability company making
				filings that are not preliminary filings must do so by an attorney at law.
				Professionals other than attorneys, retained by a party or an entity seeking
				party status, may not file pleadings with the Commission but may file responses
				to data requests, unless the party is represented by an attorney, in which case
				all filings shall be made by the attorney.
4.1.4.a. For purposes of this rule, the
				following definitions apply:
(1) the term "a
				party or an entity seeking party status" is defined as an individual,
				partnership, association, cooperative, limited liability company, including a
				foreign or a professional limited liability company, or corporation;
(2) the term "attorney at law" includes
				attorneys admitted to practice before the Courts of this State, before the
				Courts of last resort of other states, or before the Supreme Court of the
				United States; provided that attorneys filing pleadings before the Commission
				who are not licensed to practice in West Virginia shall have sought and
				obtained permission to practice before the Commission for each proceeding in
				which they participate in compliance with Rule 8.0 of the Rules for Admission
				to the Practice of Law of the State of West Virginia;
(3) the term "preliminary filings" includes
				pre-filings, petitions, applications, complaints, and answers;
(4) the term "duly authorized person" is
				defined as the individual when an individual is a party or seeks party status,
				a partner in a partnership, the president of an association, or cooperative, or
				the chairman of the board, chief executive officer, or general manager of a
				corporation, or other entity.
4.1.5. The Executive Secretary will
				electronically scan all filings for posting on the Commission's web docket for
				public viewing, except for confidential information or information that should
				not be scanned as directed by the Commission. If a filer believes that a filing
				contains sensitive or confidential information, then the filer shall make two
				separate filings, one of which shall be redacted, and the other shall be
				un-redacted and filed under seal.
4.1.6. All filings of information under seal
				shall include an original and 2 copies in a sealed envelope, with a cover
				letter attached to the outside of the sealed envelope generally identifying the
				sealed information and stating that the filer intends to file the enclosed
				information under seal. All such filings must be accompanied by a statement
				that the filer will file its motion for protective treatment within one
				week.
4.1.7. Voluminous filings of
				300 or more pages shall include a copy on electronic media of documents in PDF
				file format and an electronic version of any spreadsheet or data file exhibits.
				The filings should be broken into individual PDF documents, each with a
				specific file name, with a file size of no more than 200 megabytes. An index
				should be provided on the cover letter stating the full path with filename and
				description for each file. A copy of the cover letter should also be provided
				on the electronic media. At this time acceptable electronic media includes
				CD-Rom and DVD-Rom.
4.1.8. Filings
				containing color maps, other colored documents, or documents larger than 8.5"
				by 11" shall be filed in PDF file format.