West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-02 - Rules For The Construction and Filing of Tariffs › Section 150-2-23 - Ratemaking and Appeals Procedures for Non-LRR Muni Water and Sewer Utilities, Municipal Gas Utilities, Telephone, Electric and Natural Gas Cooperatives

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Procedures to
				be followed by Non-LRR Muni water and sewer utilities, municipal natural gas
				utilities and electric, telephone and natural gas cooperatives:
23.1.1. All rates and charges set by electric
				cooperatives, natural gas cooperatives, telephone cooperatives and-Non-LRR
				Munis shall be just, reasonable, applied without unjust discrimination or
				preference and based primarily on the costs of providing these services.
				Cooperatives shall comply with all statutory notice requirements for passing
				cooperative board resolutions to change rates.
23.1.2. All such utility rates and charges
				are to be on file with the Commission at all times.
23.1.3. The Non-LRR Muni shall comply with
				pre-adoption newspaper publication requirements of Chapter 8 and, if
				applicable. Chapter 16 of the West Virginia Code, and, if requesting to waive
				the 45 day waiting period, the bill notice requirement of W. Va. Code §
				24-2-4b. The bill notice must be received by customers at least five (5) days
				prior to the public meeting at which a rate ordinance will be
				adopted.
23.1.4. Within five (5)
				days after the adoption of rates, the utility must provide its customers with
				notice of the rate change in order to allow the filing of timely objections to
				such rate changes with die Commission. Notice shall be provided by causing to
				be published in a qualified newspaper of general circulation in each of the
				counties where the utility provides service and where its resale customers
				provide service, a Class II Legal Advertisement that conforms with Tariff Form
				No. 12 or 13. The first publication must occur within five (5) days, or, if the
				notice is to be published in a newspaper that issues on a weekly basis, by the
				first possible publication date, after adoption of die rate change.
23.1.4.a. In addition to providing notice by
				publication, die utility must also post notice of the proposed rate change in a
				conspicuous place at die utility's business premises beginning the day after
				die meeting where the rate change is adopted and continuing through die thirty
				(30) day appeal period provided by W. Va. Code § 24-2-4b. The posted
				notice must conform with Tariff Form No. 12 or 13.
23.1.5. All changes in electric cooperative,
				natural gas cooperative, telephone cooperative or municipal utility rates and
				charges are to be accomplished by die adoption of a legally valid governing
				board resolution or municipal ordinance, in accordance with the provisions of
				West Virginia law or by a provision of a municipal or cooperative charter,
				whichever is appropriate in the particular case.
23.1.6. The utility is to set the date when
				such a resolution or municipal ordinance shall take effect; however, in no
				event shall the resolution or ordinance be effective sooner than forty-five
				(45) days after adoption unless one of the following exceptions applies;
23.1.6.a. The rate change is stated in a
				municipal ordinance that would result in an increase in utility gross revenues
				of less than twenty-five percent; or
23.1.6.b. The rate change is stated in a
				municipal ordinance that will result in an increase in utility gross revenue of
				twenty-five percent or more and die Commission has granted a waiver under the
				provisions of W. Va. Code § 24-2-4b(d)(2) to allow a municipal ordinance
				to go into effect on the date of enactment;
23.1.6.c. The rate change is stated in a
				municipal ordinance and the 45-day waiting period has been waived pursuant to
				W. Va. Code § 24-2-4b(b); or
23.1.6.d. The Commission has granted an
				interim or emergency rate in a resolution or an ordinance to take effect and
				waived the forty-five day waiting period as provided in W. Va. Code §
				24-2-4b(h).
23.1.7.
				Within five (5) days after the adoption of a resolution or ordinance changing a
				utility rate or charge, an electric, natural gas, telephone cooperative or a
				Non-LRR Muni shall file with the Executive Secretary of the Public Service
				Commission:
23.1.7.a. The new rates or
				charges;
23.1.7.b. The applicable
				resolution or ordinance;
23.1.7.c.
				The justification for such resolution or ordinance, including, but not limited
				to a peroforma income statement showing the cost of providing service and
				revenues to be generated by die new rates or charges;
23.1.7.d. An affidavit of publication of the
				utility's legal publication made pursuant to W. Va. Code §§ 8-11-4,
				8-20-10, 16-13-16 or any other applicable W. Va. Code provision published prior
				to adoption of die proposed rates;
23.1.7.e. Verification that the utility
				mailed a pre-adoption bill notice to all customers in time to have been
				received by customers at least five (5) days prior to the public meeting at
				which a rate ordinance or resolution was adopted.
23.1.7.f. An affidavit of publication or
				photocopy of die legal advertisement giving notice to customers of the adoption
				of the ordinance or resolution in accordance with Tariff Rule 23.1.4.;
				and,
23.1.7.g. The correct number
				of customers served by the utility, as determined by the number of bills
				rendered in the billing cycle last completed before die adoption of the
				resolution or ordinance. A Tariff Rule 20.1. (Historical Rule_42) exhibit is
				not required to be filed by die utility in cases subject to this
				Rule.
23.1.8. Within five
				(5) days after die adoption of a municipal ordinance to increase utility gross
				revenues by twenty-five percent or more, a Non-LRR Muni may file with the
				Executive Secretary of the Public Service Commission a request for a waiver
				under W. Va. Code § 24-2-4b(d)(2).
23.1.8.a. The Commission will not grant a
				waiver under W. Va. Code § 24-2-4b(d)(2) unless the Non-LRR Muni utility
				files the waiver request on die date it files its ordinance at die Commission
				and includes with its petition a certified statement of good cause shown by a
				statement of insufficient cash flow to meet normal, ongoing cash requirements,
				including debt service and die need to produce a cash surplus that will provide
				the greater of required coverage, required renewal and replacement funds or a
				reasonable level of ongoing capital expenditures.
23.1.8.b. Commission Staff will file its
				recommendation in response to the Non-LRR Muni utility waiver request within
				fourteen days after the waiver request is filed and the utility shall have five
				days within which to respond to die Staff recommendation.
23.1.8.c. The Commission will deny a Non-LRR
				Muni utility waiver request filed under this rule that is missing a complete
				and certified statement described in Tariff Rule 23.1.8.a. In considering die
				waiver request, die Commission will consider the certified statement, the
				information required by Tariff Rule 23.1.7. and die Staff recommendation and
				the utility response to the Staff recommendation.
23.1.9. Non-LRR Muni shall promptly provide
				information about the correct number of customers, members or stockholders to
				any such customer, member or stockholder requesting this information.