reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-16 - Rules Governing The Transportation Of Natural Gas › Section 150-16-5 - Transportation Rates, Practices and Services

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Interim Transportation Tariffs -
No later than fifteen (15) days after the effective date of
				  these rules each gas utility shall file proposed transportation tariffs, to be
				  effective within fifteen (15) days following the filing date, which unbundle
				  the transportation services to be rendered by the utility, set forth the
				  conditions of service, and establish just and reasonable rates for service. The
				  proposed tariffs may be suspended and will become effective, revised or
				  rejected upon the further order of the Commission.
5.1.1. Unless otherwise acted upon by the
				Commission, the tariffs filed pursuant to this section shall be considered
				interim provisions with respect to transportation which will be reviewed by the
				Commission in the entity's next general rate filing or upon complaint or the
				Commission's own motion.
5.1.2. All
				workpapers, data, and calculations which support and demonstrate the proposed
				rates and any other calculated numbers in the filed tariffs shall be filed with
				the proposed tariffs.
5.1.3. Small
				utilities whose total annual throughput is less than five hundred thousand
				(500,000) Mcf, excluding residential sales, and intrastate pipelines are exempt
				from the tariff filing requirements of this section. However, although exempt,
				such entities must offer services and charge rates with respect thereto in
				accordance with the provisions of this rule. This exemption is subject to
				future modification by the Commission. Additionally, the Commission's complaint
				procedure is available for the purpose of reviewing any service, practice, or
				policy of an entity claiming exemption under this section. Specific exemptions
				may be revoked by the Commission on a case by case basis for good cause shown.
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 150-16-6 - Bypass

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Rule 6 does
				not apply to (i) any person, entity, or a facility that meets the requirements
				of W. Va. Code §
									24-2-20
				to receive direct service or (ii) any person, entity or corporation that
				constructs or operates facilities to provide direct service to any person,
				entity, or a facility that meets the requirements of W. Va. Code §
									24-2-20
				to receive direct service.
6.2 Any
				person, corporation, or other entity desiring to construct or operate any
				facilities for the purpose of transporting natural gas to an end-user is
				required to file for and obtain a certificate of public convenience and
				necessity from the Commission prior to such construction or operation.
6.2.1. Ordinary extensions of existing
				utility systems in the usual course of business are exempt from the certificate
				requirements of this section.
6.2.2. In the case of an application pursuant
				to this section, the Commission intends to apply the following procedure:
6.2.2.a. The thirty (30) day prefiling notice
				provided for in W. Va. Code §
											24-2-11(a)
				is waived.
6.2.2.b. The
				certificate applied for will be granted unless otherwise ordered by the
				Commission, on the thirty-first (31) day following the notice required by W.
				Va. Code §
											24-2-11(a),
				i.e., a Class I legal advertisement, unless a bona-fide protest is received by
				the Commission within the thirty (30) day notice period, a petition is filed by
				Commission Staff, or upon the Commission's own motion the application is set
				for further examination, review or hearing.
6.2.2.c. In order to constitute a bona-fide
				protest, the protestant, if providing a service, must indicate an initial
				willingness to reduce its rates in light of the proposed alternative. After a
				discovery period of ninety (90) days, the protestant must present to the
				Commission an affidavit that the protestant in good faith can provide the
				proposed transportation service more economically.
6.2.2.d. Upon the receipt of a bona-fide
				protest, the Commission will proceed with a disposition of the application in
				an expeditious manner.
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 150-16-7 - Utility to Utility Competition

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A public utility shall not provide sales
				or transportation service to end-users located within the service area of
				another utility unless the proposed sales or transportation service meets one
				(1) of the following exceptions:
7.1.1. the
				facilities of the utility whose service area is involved will be used and
				compensated for transportation; or,
7.1.2. the end user has requested
				transportation services from the utility whose service area is involved and has
				been refused the requested service due to capacity restraints. Prior to service
				under this exception, the transporting utility must petition for and obtain the
				approval of the Commission.
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 150-16-8 - Existing Transportation Arrangements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All transportation arrangements pursuant
				to contracts which were executed and made effective prior to May 11, 1987, are
				exempt from the rate requirements of this rule, unless renegotiated to conform
				to such requirements, until the expiration of the term of the agreement as it
				existed on May 11, 1987. Except as otherwise specifically exempted by these
				rules, all other provisions of these transportation rules shall apply to
				existing transportation arrangements.
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 150-16-9 - Priority of Service

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. For the
				purpose of establishing service priority, the Commission recognizes four (4)
				categories of service by public utilities: firm and interruptible sales and
				firm and interruptible transportation. In the event of the need for
				curtailment, because of utility capacity reasons or utility supply shortages,
				firm sales and firm transportation shall have a higher priority than
				interruptible sales and interruptible transportation.
9.2. In the event of future curtailment
				problems, the Commission, at that time, will establish priorities among
				customers within the firm and interruptible services, e.g. the priority of firm
				residential sales as compared to firm industrial sales, the priority of
				interruptible commercial transportation as compared to interruptible industrial
				transportation
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 150-16-10 - Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Every August 1, each utility and intrastate pipeline shall file reports with
				the Commission which shall set forth information relating to volumes of gas
				transported in a consecutive twelve (12) month period commencing thirteen (13)
				months prior to the report due date. The report due on August 1 will cover
				volumes transported for the period beginning July 1 of the previous year
				through June 30 of the current year.
10.2. The information required by this
				subsection shall be provided upon PSC Gas Transportation Form No. 1.
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 150-16-11 - Pooling Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				These rules apply to public utilities, intrastate pipelines, pool operators,
				marketers and end users as defined in these Gas Transportation Rules and the
				Commission's Gas Utility Rules.
11.2. A pool operator shall provide
				verification to the utility or intrastate pipeline of the pool operator's
				compliance with these rules. The pool operator shall also affirm its acceptance
				of responsibility to satisfy the utility's or intrastate pipeline's pool
				balancing requirements. The utility or intrastate pipeline shall require proof
				of the pool operator's legal status within the State.
11.3. At a minimum, all entities proposing to
				be operators of pools for interruptible transportation customers must comply
				with the utility's or intrastate pipeline's tariff filings and applicable
				Commission rules. Operators of multiple member pools must be certificated by
				the Public Service Commission of West Virginia. Operators of individual members
				pools do not have to obtain a certificate. The certificate application form for
				operators of multiple member pools is attached as PSC Gas Transportation Form
				No. 2.
11.4. Pool operators have
				the obligation to provide gas supply to pool members pursuant to the terms and
				conditions of their contracts. Those contracts shall also govern the equitable
				disposition of an individual end user's payment to the pool operator.
11.5. The Commission may revoke
				the authority of multiple member pool operators who do not comply with
				Commission rules or state law.
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 150-16-12 - Implementation of Pooling

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. To
				orderly and effectively implement pooling, the following transition and
				timetable will be observed:
12.1.1. After a
				final Commission order approving each utility's or intrastate pipeline's tariff
				filing required by this rule, pooling will become available to the following
				groups and/or classes:
12.1.1.a. All current
				and previous interruptible transportation service customers; and
12.1.1.b. All utility defined industrial and
				commercial customers that request and are eligible to receive interruptible
				transportation service for new or incremental load.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-17 - Government Of Public Service Districts › Section 150-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - This
				legislative rule establishes the procedure and requirements for. county plans
				relating to the creation, consolidation, merger, expansion or dissolution of
				public service districts, or the merger of management and administrative
				services and personnel, to be submitted by the county commission or performed
				by the Public Service Commission of West Virginia, pursuant to West Virginia
				Code § 16-13A-lb, and for the operation and government of public service
				districts pursuant to the legislative mandate in Code §
									16-13A-1, et
				seq. In _addition, this legislative rule establishes requirements for
				"notification to property owners of delinquencies in payment for charges for
				service and the duty of the district to discontinue service at the request of
				the owner . and establishes notice of availability requirements and billing
				requirements after such notice pursuant to Code §
									16-13A-9.
1.2 Authority West Virginia Code
				§
									24-1-1,
				et seq., and §
									16-13A-1, et
				seq,
1.3 Filing Date - -July 3,
				1990
1.4 Effective Date -
				September 1, 1990
1.5 "Except as
				herein modified, these rules incorporate by reference the Commission's Rules
				and Regulations for the Government of Water Utilities (Series VII) and Rules
				and Regulations For the Government of Sewer Utilities (Series V.).
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-17 - Government Of Public Service Districts › Section 150-17-3 - COUNTY PLANS

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 The
				objective of the plan shall be to identify problem areas and study the possible
				creation, consolidation, merger, expansion or dissolution of existing
				districts, or consolidation or merger of the management and administrative
				services and personnel of existing districts, or any combination of the above.
				The plan shall address the overall goals and objectives of the county
				commission and/or the Public Service Commission to meet the water and sewer
				needs of the residents of West Virginia. The plan shall state which of these
				specific purposes are to be achieved in meeting the water and sewer needs of
				the county.
3.2 The plan shall
				enumerate specific goals to be achieved in meeting the purposes set forth in
				section 3.1 and shall describe how each existing public service district
				relates to one or more of the goals.
3.3 The plan shall define specific actions
				for implementing the goals _to be achieved as required by section 3.2. There
				shall be at least a summary objective for each district and unserviced area. If
				there are no changes proposed for any district or unserved area, the plan shall
				explain why no changes are necessary and the overall result .of making no
				changes.
3.4 A cost-benefit
				analysis shall be included in the county plan. The plan shall also include
				other alternatives considered and rejected.
3.5 County Information - The following county
				information shall be incorporated in the county plan.
(A) Personnel Information:
1. Name, address and term of office of each
				county commissioner.
2. Name and
				address of person(s) or firm who prepared the plan.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-17 - Government Of Public Service Districts › Section 150-17-4 - COMMISSION APPROVAL OF COUNTY PLAN, NOTICE AND HEARING

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 Upon submission to the Public Service
				Commission of a plan developed by the county commission, the Public Service
				Commission shall set a date for public comment and hearing on the county plan.
4.2 Upon submission of county
				commission suggestions an proposed modifications to a county plan developed by
				the Public Service Commission Staff, the Public Service Commission shall set a
				date for public comment and hearing on the county plan.
4.3 The county commission shall provide
				notice of any hearings on a county plan by posting a notice of hearing and a
				copy of the proposed plan at the county courthouse and at all public service
				district offices where bills are paid in that county. The county commission
				shall also publish notice of any hearings as a Class II publication in a
				newspaper published and of general circulation in the county no earlier than
				thirty (30) days nor later than ten (10) days prior_to the hearing.
4.4 After public comment and hearing, the
				Public Service Commission shall, by order, approve, disapprove or modify the
				county plan, and establish an implementation date(s) for the recommendations
				adopted by the plan. In the case of Public Service Commission disapproval of a
				county plan, the order disapproving such plan shall specifically set forth the
				reasons for disapproval and necessary steps for re-submission of the plan.
4.5 Within thirty (30) days after
				the Public Service Commission enters an order approving or modifying a county
				plan, the county commission or cleric thereof shall file a follow-up report
				detailing the steps that have been and are being taken to implement the
				approved plan. Such follow-up report shall be updated by the first day of
				October following the filing of the initial follow-up report, and annually
				thereafter, unless otherwise ordered.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-17 - Government Of Public Service Districts › Section 150-17-5 - FORMS

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 The following
				forms are available at the office of the Executive Secretary of the Public
				Service Commission to facilitate the gathering of information in the
				development of county plans:
(A) District
				Form A - For use in developing public service district profile.
(B) District Forms B, C and D - For use in
				providing personnel information.
(C) District Form E - For use in providing
				operations information.
(D)
				District Form F - For use in providing accounting system information.
(E) District Form G - For use in
				providing general financial information.
(F) District Forms H and I - For use in
				providing engineering information.
(G) District Form J - For use in providing
				legal information.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-17 - Government Of Public Service Districts › Section 150-17-6 - CREATION, EXPANSION, MERGER, CONSOLIDATION, REDUCTION OR DISSOLUTION OF PUBLIC SERVICE" DISTRICTS

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 Upon
				entering an order_ or receipt of a petition proposing, the creation, expansion,
				merger, consolidation, reduction or dissolution of a public service district,
				pursuant to West Virginia Code §
									16-13A-2,
				the county commission shall notify the Executive Secretary of the Public
				Service Commission of the time and place of the hearing to be held by the
				county commission and shall file- a copy with such order or petition with the
				Executive Secretary of the Public Service Commission at least ten (10) days
				prior to such hearing.
6.2 The
				county commission shall file an order creating, expanding, merging,
				consolidating, reducing or dissolving a public, service district with Executive
				Secretary of the Public Service Commission within ten days of entering such
				order. ...
6.3 A hearing" shall be
				held in the county affected by a county commission order filed pursuant to Rule
				6.2. Such hearing may be waived if the county commission order is entered for
				the purpose of executing the county plan as required by West Virginia Code
				§ 16-13A-lb and as finally adopted and approved by the Public Service
				Commission.
6.4 After public
				comment and hearing the. Public Service Commission shall, by order, approve,
				disapprove or modify a county commission order creating, expanding, merging,
				consolidating, reducing or dissolving a public service district. In
				deliberating on" approval, modification or disapproval the Public Service
				Commission may consider, among other things:
a. - Whether or not the county commission
				order is consistent with the county plan required by West Virginia Code §
				16-13A-lb as approved by the Public Service Commission;
b. the public convenience and necessity;
c. the economic feasibility,
				including sources of funding, costs and related benefits of the county
				commission's order;
d. the
				adequacy of facilities;
e. other
				facilities in the area; and,
f.
				other possible alternatives.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-17 - Government Of Public Service Districts › Section 150-17-7 - NOTICE OF DELINQUENCY TO PROPERTY OWNER

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 Public service districts shall give
				notice to the property owner within sixty (60) days after a bill, for -service
				has become delinquent, by United States Certified Mail, return receipt
				requested. .Such notice need only be given once per delinquency. Each
				successive delinquency shall require separate notification as described above.
				Such notification shall -be sufficient if it contains the following: the name
				and address of the billing public service district; the address of the property
				where the delinquency has accrued; that the notification was - being made
				pursuant to Rule 7.1 and 7.2 of the Public Service -Commission's Rules and
				Regulations for the Government of Public Service Districts and West Virginia
				Code §
									16-13A-9;
				the amount owing under the present delinquency; the . amount owning under prior
				delinquencies, if any; that non-payment of the delinquency could result in a
				lien upon the property where the delinquency accrued; that the property owner
				may require the public service district to discontinue service to - the
				property? and, that the amount of present billing charges are subject to the
				accrual of continued billings.
7.2
				"A- public service district shall discontinue service upon written request of
				the owner of the premises served when any charges for service to the premises
				remain unpaid by the users for a period of sixty (60) days after such charges
				become due and payable..
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-17 - Government Of Public Service Districts › Section 150-17-8 - PUBLIC SERVICE DISTRICT'S NOTICE OF AVAILABILITY OF SERVICE AND BILLING AFTER NOTICE

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1
(a) Notice by publication - When sewer
				service is made available by a public .service district- to customers in an
				area which has not previously been served by the district, the district shall
				publish a notice in a newspaper of. general circulation in the area affected
				once a weeJc. for two consecutive weeks, with the second notice being published
				at least thirty (30) days prior to the date that the district intends to begin
				billing for services. The notice shall state, at a minimum, the following
				information:
(1) that sewer services are
				available;
(2) the date that the
				district will begin billing for services as authorized by West Virginia Code
				§
											16-13A-9
				and Rule 3.0 of. the Public Service Commission of West Virginia's Rules and
				Regulations for the Government of Sewer Utilities;
(3) the district's rates;
(4) that West Virginia Code §
											16-13A-9
				authorizes the district to petition the circuit court to compel connection to
				the sewer system and;
(5) the
				location and telephone number of the district's business office.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-18 - Carrier Access To Lines And Facilities Of Other Carriers › Section 150-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the procedures and requirements and the terms of
				compensation for a carrier to obtain access to the lines and facilities of a
				rail carrier located in the State of West Virginia pursuant to the legislative
				mandate in W. Va. Code '24-3-3b.
1.2. Authority. -- W. Va. Code ''24-1-1,
				24-1-7, 24-2-7, 24-3-3b.
1.3.
				Filing Date. -- October 13, 1987.
1.4. Effective Date. -- December 12,
				1987.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-18 - Carrier Access To Lines And Facilities Of Other Carriers › Section 150-18-3 - Determination Of Access Charges

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Costs to be recovered through scheduled
				access charges.
3.1.1. The accessed carrier
				shall be entitled to recover the fixed costs of the access facilities which
				shall include:
(a) the prudently incurred
				non-traffic sensitive costs that the accessed carrier incurs in maintaining and
				operating the access facilities, plus, at the election of the accessed carrier,
				either:
(b) a return on the
				depreciated historical cost of the access facilities equal to the current
				nominal cost of capital for the railroad industry, as most recently determined
				by the Interstate Commerce Commission; or
(c) a return on the net liquidation value of
				the access facilities, determined in accordance with Interstate Commerce
				Commission regulations, equal to the current nominal cost of capital in the
				railroad industry.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-18 - Carrier Access To Lines And Facilities Of Other Carriers › Section 150-18-4 - Operations By The Accessing Carrier Or Shipper

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Accessing carrier obligations.
4.1.1. In using the access facilities, the
				accessing carrier shall comply with the accessed carrier's operating rules and
				regulations.
4.1.2. Prior to
				commencing operations, and at such additional times as the accessed carrier may
				request, the accessing carrier shall provide to the accessed carrier evidence
				of insurance covering liabilities resulting from its use of the access
				facilities, which shall show the accessed carrier as a coinsured.
4.1.3. Prior to commencing operations, the
				accessing carrier shall provide to the accessed carrier an indemnity against
				all liabilities resulting from use of the access facilities by the accessing
				carrier, except to the extent that the injury is caused in whole or in part by
				the fault of the accessed carrier or its agents or employees in which event the
				financial responsibility shall be divided in accordance with the relative fault
				of the accessed and accessing carriers. The indemnity shall extend to
				liabilities that arise under state and federal environmental
				legislation.
4.1.4. The accessing
				carrier shall comply with all state and federal safety and environmental laws
				and regulations.
4.1.5. The
				accessed carrier shall bill the accessing carrier for access charges no more
				frequently than monthly, and the accessing carrier shall pay access charges
				properly due within thirty (30) days of billing.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-18 - Carrier Access To Lines And Facilities Of Other Carriers › Section 150-18-5 - Miscellaneous Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Modification of access agreement or access authority.
5.1.1. Modification by agreement.
5.1.1.1. An accessing carrier and an accessed
				carrier that have agreed to modifications in the access authority governing the
				use of access facilities shall jointly file such proposed modifications with
				the Commission, together with an explanation of the purpose and effect of the
				proposed modifications.
5.1.1.2.
				The Commission may submit written questions to the applicants which shall be
				answered in writing and under oath within the time established by the
				Commission.
5.1.1.3. The Commission
				may request public comments on the proposed modification.
5.1.1.4. The Commission shall issue an order
				approving the proposed modification if it finds the modification to be in the
				public interest and consistent with the purposes of these
				regulations.
5.1.1.5. The
				Commission's order shall not relieve the applicants of the need to obtain any
				required federal regulatory approval prior to implementing the proposed
				modification.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-19 - Shippers Access To Lines And Facilities Of Rail Carriers › Section 150-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the procedures and requirements and the terms of
				compensation for a shipper to obtain access to the lines and facilities of a
				rail carrier located in the State of West Virginia pursuant to the legislative
				mandate in W. Va. Code '24-3-3b.
1.2. Authority. -- W. Va. Code ''24-1-1,
				24-1-7, 24-2-7 and 24-3-3b.
1.3.
				Filing Date. -- October 13, 1987.
1.4. Effective Date. -- December 12,
				1987.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-19 - Shippers Access To Lines And Facilities Of Rail Carriers › Section 150-19-4 - Operations by the Accessing Shipper

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Accessing Shipper Obligations.
4.1.1. In using the access facilities, the
				accessing shipper shall comply with the accessed carrier's operating rules and
				regulations.
4.1.2. Prior to
				commencing operations, and at such additional times as the accessed carrier may
				request, the accessing shipper shall provide to the accessed carrier evidence
				of insurance covering liabilities resulting from its use of the access
				facilities, which shall show the accessed carrier as a coinsured.
4.1.3. Prior to commencing operations, the
				accessing shipper shall provide to the accessed carrier an indemnity against
				all liabilities resulting from use of the access facilities by the accessing
				shipper, except to the extent that the injury is caused by the fault of the
				accessed carrier or its agents or employees. That indemnity shall extend to all
				liabilities that arise under state and federal environmental
				legislation.
4.1.4. The accessing
				shipper shall pay access charges due in accordance with the access order issued
				by the Commission.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-19 - Shippers Access To Lines And Facilities Of Rail Carriers › Section 150-19-5 - Miscellaneous Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Modification of Access Agreement or Shipper Access Order.
5.1.1. Modification by agreement.
5.1.1.1. An accessing shipper and an accessed
				carrier that have agreed to modifications in a shipper access order governing
				the use of access facilities shall jointly file such proposed modications with
				the Commission, together with an explanation of the purpose and effect of the
				proposed modifications.
5.1.1.2.
				The Commission may submit written questions to the applicants which shall be
				answered in writing and under oath within the time established by the
				Commission.
5.1.1.3. The Commission
				may request public comments on the proposed modification.
5.1.1.4. The Commission shall issue an order
				approving the proposed modification if it finds the modification to be in the
				public interest and consistent with the purposes of these
				regulations.
5.1.1.5. An accessing
				shipper and an accessed carrier that have agreed to modifications in a shipper
				access agreement shall file such notice and parts of the modification agreement
				as are required of initial agreements by these regulations.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-20 - Use And Consumption Of Water During Periods Of Emergency › Section 150-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the rules and regulations for the use and
				consumption of water by the inhabitants and all users, regardless of class of
				service, during times of emergency and periods of temporary inadequacy of
				supply of available water.
1.2.
				Authority. -- W. Va. Code ''24-1-1, 24-1-7, 24-2-1 and 24-2-7.
1.3. Filing Date. -- April 3, 1989.
1.4. Effective Date. -- June 1,
				1989.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-20 - Use And Consumption Of Water During Periods Of Emergency › Section 150-20-2 - Local Water Rationing Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				General. That upon any water utility declaring that there is a temporary
				shortage of water, and that it is necessary for the health and welfare of the
				utility's customers to supply, the utility shall, upon the giving of public
				notice, restrict the use of said water supply to human consumption and sanitary
				purposes as noted in the Local Water Rationing Plan.
The utility is herein authorized to enforce a Water Rationing
				  Plan by virtue of the declaration of a public water emergency proclamation by
				  the utility.
2.2.
				Definitions.
a. Special emergency area. The
				area or areas within which the utility has declared a state of drought and
				water shortage emergency.
b.
				Service area. The territory and the customers serviced by the
				utility.
c. Emergency service area.
				The service areas of the water supply covered by this Local Water Rationing
				Plan.
d. Residential customer. Any
				customer who receives water service for a single or multi-family dwelling unit.
				The term residential customer does not include educational or other
				institutions, hotels, motels, or similar commercial establishments.
e. Non-residential customer. Commercial,
				industrial, institutional, public and all other users with the exception of
				hospitals and health care facilities.
f. Service interruption. The temporary
				suspension of water supply, or reduction of pressures below that required for
				adequate supply, to any customer, portion of a water supply system, or an
				entire system.
g. Excess use. The
				usage of water by a water customer in excess of the water allotment provided
				under the Local Water Rationing plan for that customer, over any applicable
				period.
h. Water customer. Any
				person who is connected to and receives water services from a water supply
				system.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-21 - Certification of Operation of Telecommunication Relay Services (TRS) › Section 150-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule applies to the certification and operation of
				telecommunication relay service in West Virginia.
1.2. Authority. -- W. Va. Code §§
									24-1-1,
				24-1-7,
				24-2-7
				and
				24-2-11.
1.3. Filing Date. -- September 14,
				2015.
1.4. Effective Date. --
				November 13, 2015.
1.5. Definitions
				and abbreviations.
1.5.a. ADA -- Americans
				with Disabilities Act of 1990
1.5.b. ASL -- American Sign
				Language
1.5.c. CA --
				Communications Assistant
1.5.d. FCC
				-- Federal Communications Commission
1.5.e. PSC or Commission -- Public Service
				Commission of West Virginia
1.5.f.
				TRS -- Telecommunication Relay Service
1.5.g. TT -- Text Telephone
1.5.h. Utility -- The term "utility" or
				"public utility" means any person, firm or corporation subject to the
				jurisdiction of the Commission under W. Va Code §
										24-2-1.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-21 - Certification of Operation of Telecommunication Relay Services (TRS) › Section 150-21-2 - Commission requests for certificate applications

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Commission shall receive and
				consider contemporaneous applications for certificates pursuant to a notice
				requesting certificate applications that will be initiated by the
				Commission.
2.2. The closing
				deadline for submitting applications shall be specified in the order of the
				Commission requesting certificate applications.
2.3. No application will be accepted after
				the closing deadline unless the deadline is specifically extended by the
				Commission.
2.4. To be considered
				as filed in accordance with this rule, applications must be received in the
				office of the Executive Secretary of the Commission no later than 5:00 p.m. on
				the date established by the Commission as the closing deadline.
2.5. Applications for a certificate that are
				received prior to the closing deadline will be treated as confidential
				material, not subject to disclosure prior to the closing deadline.
2.6. All applications for a certificate must
				include PSC Form 5.1 and all attachments and supporting exhibits required by
				that form.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-21 - Certification of Operation of Telecommunication Relay Services (TRS) › Section 150-21-3 - Telecommunication relay service certificates

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any certificate granted hereunder shall
				incorporate the entire State of West Virginia as the certificated territory. No
				applications shall be considered unless they contemplate full TRS service to
				all residents within the State. Any TRS certificate holder shall be under the
				jurisdiction of the Public Service Commission of West Virginia and shall have a
				public service obligation to provide TRS as utility service during the term of
				the certificate.
3.2. The
				Commission shall issue only one active certificate at any time for providing
				TRS in West Virginia. During the term of the certificate, the TRS provider
				shall have the same obligation to serve on a statewide basis as any public
				utility and shall be subject to all statutes and Commission Rules and
				Regulations generally applicable to public utilities unless specifically
				contradicted by special statutes or Rules applicable to TRS providers. A
				certificate shall be valid for the term of the certificate as authorized by the
				Commission at the time of granting such certificate, or for any extension of
				that term as herein provided. The Commission may consider new applications
				under these rules for a certificate in advance of the expiration of a
				certificate to assure continued, uninterrupted TRS in the State. The Commission
				may issue a notice requesting certificate applications at any time that the
				Commission determines that such request is necessary to assure continued,
				uninterrupted TRS in the State.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-21 - Certification of Operation of Telecommunication Relay Services (TRS) › Section 150-21-4 - Term of certificates

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				certificate shall have a term of five years, unless otherwise ordered by the
				Commission. A certificate may be extended for one year, on motion of the
				Commission, Commission Staff or certificate holder. If the Commission finds
				that an additional extension is necessary to assure continued and uninterrupted
				TRS to the State, it may extend a certificate for such period(s) as the
				Commission determines is necessary (additional extension). No other notice or
				hearing with regard to such extensions shall be required. In the case of an
				additional extension of a certificate, the TRS provider may request a rate
				increase.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-21 - Certification of Operation of Telecommunication Relay Services (TRS) › Section 150-21-5 - TRS rates

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Applications
				for TRS certificates must include a schedule of proposed rates and charges for
				providing the service. In granting a certificate the Commission may accept the
				proposed rates, or condition the certificate upon agreement of the applicant to
				accept rates as modified by the Commission. Any rates approved by the
				Commission at the time of issuance of a certificate shall be effective for at
				least three years (initial rate period). No request for increased rates will be
				considered by the Commission during this initial rate period. After the initial
				rate period, the TRS certificate holder may file for rate changes pursuant to
				Commission rules.
5.2. In
				accordance with federal statutory requirements, the Commission shall establish
				an appropriate monthly rate increment per local exchange access line to be paid
				by West Virginia telephone subscribers. The Commission shall authorize the
				amount of the monthly rate increment as well as the mechanism by which the
				monthly rate increment is to be collected and disbursed. The collections from
				this rate increment shall be used to pay the TRS service provider.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-21 - Certification of Operation of Telecommunication Relay Services (TRS) › Section 150-21-6 - Irrevocability of applications and penalties for failure to provide service in accordance with the certificate granted

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Because of the critical need for
				telecommunication relay service in West Virginia on a continuing and
				uninterrupted basis, and considering the requirement of the ADA to provide this
				service, any application for a TRS certificate shall impose a binding and
				irrevocable obligation on the applicant to proceed with the application.
				Furthermore, a certificate holder must agree to the contractual nature of the
				certificate to provide the service if the application is granted.
6.2. No application for a TRS certificate
				will be accepted by the Commission unless it clearly states that the applicant
				understands and agrees that it will not attempt to withdraw the application
				after the first sixty (60) days after the filing deadline.
6.3. No application for a TRS certificate
				will be accepted by the Commission unless it clearly states that the applicant
				understands and agrees that if the certificate is granted as filed, failure to
				provide the service in accordance with the rules, regulations and orders of the
				Commission shall be considered as a breach of contract and shall subject the
				TRS provider, in addition to penalties applicable to public utilities, to such
				civil penalties as would be appropriate for breach of contract.
6.4. In consideration of the critical need
				for TRS, the Commission shall expedite its consideration of certificate
				applications and will make every reasonable effort to act on a TRS certificate
				filing within ninety (90) days of the filing deadline as herein discussed. If
				the Commission fails to grant a requested certificate within said ninety (90)
				days, the irrevocability provision herein shall no longer be in effect;
				however, the contractual nature of the certificate, and any breach thereof by
				the TRS provider, shall continue in effect during the term of the certificate,
				regardless of the time required for the granting of the certificate, or
				regardless of any modifications required by the Commission and accepted by the
				TRS provider. Commencement of operations pursuant to a certificate granted by
				the Commission shall be deemed as evidence of full acceptance by the TRS
				provider of any conditions or modifications imposed by the
				Commission.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-21 - Certification of Operation of Telecommunication Relay Services (TRS) › Section 150-21-7 - Proprietary/confidential information

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The Commission discourages attempts to keep any portion of an application
				confidential. If an applicant marks material filed in support of an application
				as proprietary or confidential, and such material is accompanied by a motion
				seeking protective treatment thoroughly explaining the reasons for the
				confidentiality request, the Commission shall provisionally accept the
				confidential nature of the material and it shall not be released unless
				otherwise ordered by the Commission. The Commission will consider disclosure of
				material marked confidential only on receipt of a request pursuant to the West
				Virginia Freedom of Information Act,
W. Va. Code
§ 29B-1-1, et seq. (FOIA). Such request shall be served on the applicant
				seeking confidentiality of material and the applicant shall have the burden of
				proof that the material should be kept confidential.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-21 - Certification of Operation of Telecommunication Relay Services (TRS) › Section 150-21-8 - Contracting or subcontracting

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. No
				certificated TRS provider shall contract for the lease of property or equipment
				or for services necessary to provide TRS without specific approval of the
				Commission. If initiation of service under a requested certificate requires
				such contracts, that information must be included in the application for a
				certificate. Under any circumstances, including Commission approval of
				contracts, a certificated TRS provider is responsible for full compliance with
				all requirements of the certificate.