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 150-1-10 - Applications for Authority or Permission

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Change or discontinue service.
A public utility or motor carrier subject to the Commission's
				  jurisdiction, desiring to abandon any regular service shall file with the
				  Commission an original and twelve (12) copies of an application for authority
				  so to do substantially in the form of Form No. 3 attached hereto.
10.2. Change of rates.
A public utility or motor carrier desiring to change its
				  rates, rules and/or regulations shall comply with the Commission's Rules for
				  the Construction and Filing of Tariffs, 150 C.S.R. 2.
10.3. Certificate of convenience and
				necessity.
10.3.1. A public utility, person
				or corporation, or other entity required by statute to obtain from the
				Commission a certificate of convenience and necessity or a certificate of need,
				shall comply with the following as applicable. (For motor carrier certificates
				of convenience and necessity, see 150 C.S.R. 9.)
10.3.2. Notice of intent.
A public utility, person or corporation, or other entity,
				  intending to file an application for a certificate of convenience and necessity
				  pursuant to W. Va. Code §
											24-2-11
				  shall, at least thirty (30) days prior to the date it intends to file its
				  application, give the Commission notice of its intent to file an application by
				  filing with the Commission's Executive Secretary, an original and two (2)
				  copies of a letter of notification. The Commission may modify or waive this
				  requirement. Provided, however, that projects approved by the West Virginia
				  Infrastructure and Jobs Development Council need not provide the thirty (30)
				  day notice. The letter notifying the Commission of intent to file an
				  application for a certificate of convenience and necessity will remain active
				  for a period of ninety (90) days after receipt by the Executive Secretary of
				  the Commission.
10.3.3.
				Applications other than high-voltage transmission, motor carrier or commercial
				solid waste.
10.3.3.a. To file an application
				for a certificate of convenience and necessity pursuant to W. Va. Code §
											24-2-11,
				a public utility, person or corporation, or other entity, may, thirty (30) days
				following the filing of a notice of intent to file a certificate application as
				required by Rule 10.3.2., file with the Commission's Executive Secretary, an
				original and twelve (12) copies of its application for a certificate of
				convenience and necessity. Each of the twelve (12) copies should be collated as
				a set. To be acceptable, an application shall include;
(i) a completed Form No. 4, attached to these
				Rules,
(ii) a completed Form No.
				14, and its attachment, or a completed Form No. 14.1 and its attachment for
				municipalities and cooperatives, with the exception that the utility shall
				leave blank the date of the order and the case number, and
(iii) for water and sewer utilities - a
				completed application should include to the extent applicable all information
				described in the checklist appearing at Rule 26 of these Rules. The Commission
				may dismiss any application that is incomplete. Applicants are requested, but
				not required, to also email or provide on a CD the completed Form No. 14, and
				its attachment, or a completed Form No. 14.1 and its attachment for
				municipalities and cooperatives, to the Commission's Executive Secretary in
				Word format.
10.3.3.b.
				The Executive Secretary shall assign a case number and issue in order form a
				completed Form No. 14 or Form No. 14.1 to the utility that requires the utility
				to publish the Notice of Filing as a Class I legal advertisement in a qualified
				newspaper(s), published and of general circulation in each county where the
				utility provides service, and to separately mail the Notice of Filing to each
				of its resale customers, via certified mail, return receipt requested. The
				utility shall file affidavits of publication provided by the newspaper(s) with
				the Commission as soon as possible after the Notice of Filing is published and
				no later than thirty (30) days from the date of publication.
10.3.3.c. Except for utilities that have
				provided notice of project-related rate increases pursuant to W. Va. Code
				§
											24-2-4b,
				and related Commission rules, if a utility seeks a project-related rate
				increase in a certificate application, the utility shall, within thirty (30)
				days of the date the Commission issues the Form No. 14 Notice of Filing or Form
				No. 14.1 Notice of Filing, have completed the mailing of separate notices to
				each of its customers by one or a combination of the following methods:
(i) inclusion of the Form No. 14 Notice of
				Filing or Form No. 14.1 Notice of Filing, as a bill insert;
(ii) separately mailing the Form No. 14
				Notice of Filing; or
(iii) only
				for utilities that bill by postcard instead of in an envelope, and who elect
				not to separately mail the Form No. 14 Notice of Filing or Form No. 14.1 Notice
				of Filing, inclusion of a statement on a postcard billing as follows: "This
				utility is seeking a rate increase. Details available in newspaper publications
				or at the utility office after [utility to insert date application filed with
				Commission] by calling [utility to insert utility office telephone
				number]."
10.3.3.d.
				Following publication of Notice, separate mailing of Notice, and filing of
				affidavits, the Commission may, in the absence of substantial protest, waive
				formal hearing and grant, deny or modify the certificate of convenience and
				necessity application based on the information provided.
10.3.3.d.1. For purposes of Rule 10.3 the
				term "substantial protest" shall mean a protest that either raises factual
				matters that warrant an evidentiary proceeding or a number of public protests
				that a reasonable person would conclude requires a hearing.
10.3.3.e. W. Va. Code §
											24-2-11
				requires the Commission to render a final decision on applications for a
				certificate of convenience and necessity within two hundred seventy (270) days
				of the filing of the application and within ninety (90) days after final
				submission of an application for decision following a hearing. However, for
				applications relating to construction of water and sewer projects for which the
				projected total cost is less than $10 million, the Code requires the Commission
				to render a final decision within two hundred twenty-five days (225) of the
				filing of the application.
NOTE: (See Rule 26 checklist for water and sewer utilities
				  filing applications for certificates of convenience and necessity.)
10.3.3.f. A petition to reopen an
				application for a certificate of convenience and necessity that seeks
				Commission approval of any change to the proposed project that will result in a
				revenue requirement higher than the revenue requirement previously noticed to
				the public must comply with Rule 19.5.2.
10.3.3.g. Water and sewer utilities that are
				political subdivisions of the state and having at least four thousand five
				hundred customers and combined gross revenues of $3 million dollars or more
				desiring to pursue construction projects that are not in the ordinary course of
				business shall provide adequate prior public notice of the contemplated
				construction by causing a notice of intent to pursue a project that is not in
				the ordinary course of business to be specified on the monthly billing
				statement of the customer of the utility for the month immediately preceding
				the month in which an ordinance or resolution approving the proposed
				construction and proposed changes to rates, fee and charges, if any, is to be
				before the governing body for the public hearing on the ordinance or resolution
				approving the proposed construction and proposed changes to rates, fees and
				charges, if any. In addition, the utility must cause to be published as a Class
				I legal advertisement adequate prior public notice of the proposed public
				hearing on the ordinance or resolution approving the proposed construction and
				proposed change to rates, fees and charges, if any. The publication area shall
				be all territory served by the utility. The public notice of the proposed
				construction shall state the scope of the proposed construction; a summary of
				the current rates, fees and charges, and proposed changes to said rates, fees
				and charges, if any; the date, time and place of the public hearing on the
				ordinance or resolution approving the proposed construction and proposed
				changes to rates, fees and charges, if any, and the place or places within the
				political subdivision where the ordinance or resolution approving the proposed
				construction and proposed changes to rates, fees and charges, if any, may be
				inspected by the public.
10.3.4. High-voltage transmission line
				application.
A public utility, person or corporation desiring to construct
				  a high voltage transmission line of two hundred thousand (200,000) volts or
				  higher, shall file a notice of intent to file an application, and an
				  application for a certificate of convenience and necessity in accordance with
				  Rules 10.3.1, 10.3.2. and 10.3.3. In addition to the information required by
				  Rule 10.3.3., the application shall include all of the information required by
				  Rule 9 of the Commission's Rules for the Government of Electric Utilities, 150
				  C.S.R. 3, and by W. Va. Code §
											24-2-11a.
10.3.5. Motor carrier application.
A person, association, firm or corporation desiring to
				  operate as a common or contract carrier by motor vehicle in the transportation
				  of persons or property for hire over the public highways of this State shall
				  file an original and twelve (12) copies of an application for a certificate of
				  convenience and necessity or a permit to operate as a common or contract motor
				  carrier, in the form identified in section 10.1 et seq. of the Commission's
				  Rules for the Government of Motor Carriers of Passengers and Property, 150
				  C.S.R. 9.
10.3.6.
				Commercial solid waste application.
An owner and/or operator of a commercial solid waste facility
				  must obtain a certificate of need before commencing any additional or new
				  commercial solid waste facility activities not explicitly authorized by an
				  existing certificate of need, regardless of whether such additional or new
				  activities would require a major permit modification from the West Virginia
				  Department of Environmental Protection, when such activities would have a
				  significant impact upon rates, upon the applicant, upon the applicant's
				  competitors, or upon the public. Such additional or new commercial solid waste
				  activities include, but are not limited to, the following -- composting
				  activities, recycling activities, and transfer station activities -- regardless
				  of the location of such activities relative to the currently permitted
				  commercial solid waste activity.
10.3.6.a. An owner and/or operator of a
				commercial solid waste facility shall apply for a certificate of need by filing
				a completed Form No. 15, attached hereto, together with twelve (12) copies of
				the same with the Commission's Executive Secretary. In addition to Form No. 15,
				the utility shall file a completed Form No. 17 leaving blank the date of the
				order and the case number. When the Executive Secretary's office has assigned a
				case number, a completed Form No. 17 will be issued to the utility as an order
				requiring publication of the Notice of Filing as a Class I legal advertisement
				in a qualified newspaper(s), published and of general circulation in each
				county in the watershed where the commercial solid waste facility is or will be
				located, and in a qualified newspaper that has statewide circulation. The
				utility shall file affidavits of publication provided by the newspaper(s) with
				the Commission as soon as possible after the Notice of Filing is
				published.
10.3.6.b. An owner
				and/or operator of an existing commercial solid waste facility may file an
				application for an amendment of a certificate of need and for expedited
				processing, in the form attached hereto as Form No. 16, together with twelve
				(12) copies of the same, and receive expedited processing of its application,
				if the owner and/or operator seeks to engage in additional activities within
				the facility's permitted acreage, if the activity is determined not to have a
				significant impact upon rates, upon the applicant, upon the applicant's
				competitors, or upon the public, regardless of whether the new activities have
				been classified as a major modification by the Department of Environmental
				Protection. In addition to Form No. 16, the utility shall file a completed Form
				No. 17 leaving blank the date of the order and the case number. The Executive
				Secretary's office shall assign a case number and issue a completed Form No. 17
				as an order requiring publication of the Notice of Filing as a Class I legal
				advertisement in a qualified newspaper(s), published and of general circulation
				in each county in the watershed where the commercial solid waste facility
				provides, or will provide service, as indicated in its certificate application
				and/or its Department of Environmental Protection permit. The utility shall
				file affidavits of publication provided by the newspaper(s) with the Commission
				as soon as possible after the Notice of Filing is published.
10.3.6.c. Upon receipt of Form No. 16, the
				Commission may issue the applicant an amended certificate of need without a
				hearing, unless the Commission determines that the planned expansion or
				construction has a significant impact upon rates, upon the applicant, upon the
				applicant's competitors, or upon the public. In the alternative the Commission
				may, if appropriate, issue an order requiring the applicant to file a standard
				application for a certificate of need in the form of Form No. 15.
10.3.7. West Virginia
				Infrastructure and Jobs Development Council approved application.
W.Va. Code §
											24-2-11(e)
				  requires the Commission to render a final decision on any application that has
				  received the approval of the West Virginia Infrastructure and Jobs Development
				  Council within one hundred-eighty (180) days after the application filing date,
				  but if substantial protest is received within thirty (30) days after the
				  publication of notice, the Commission must render its final decision within two
				  hundred seventy (270) days of the filing of the application, or if the project
				  is a water or sewer project with projected construction costs of less than $10
				  million, within two hundred twenty-five (225) days of the filing of the
				  application.
10.3.7.a. Commission
				Staff shall treat all filings made pursuant to W. Va. Code §
											24-2-11(e)
				under a one hundred-eighty (180) day deadline unless a substantial protest is
				timely filed after public notice in the proceeding.
10.3.7.b. Commission Staff filing an
				objection in the proceeding shall not be considered a "substantial protest" for
				purposes of extending the deadline.
10.3.8. Change in certificated project scope,
				funding, revenue requirement and/or rates.
A public utility whose project has received a certificate of
				  public convenience and necessity from the Commission must notify the Commission
				  in writing and receive approval of any change in the scope, cost, or funding of
				  the project or any change in project-related revenue requirement and/or rates
				  prior to beginning or continuing construction on such project. Provided,
				  however, a public utility whose project has received a certificate of public
				  convenience and necessity from the Commission and has been approved by the West
				  Virginia Infrastructure and Jobs Development Council, is not required to, and
				  cannot be compelled to, reopen the proceeding if the cost of the project
				  changes but the change does not effect the rates established for the project.
				  In such instance the utility shall notify the Commission that there has been a
				  change in project costs that does not affect rates or the scope of the project,
				  with such notification to be in the form of either an affidavit signed by the
				  utility's certified public accountant for the original certificate filing, or
				  verification from the utility's bond counsel.
10.3.8.a. A utility seeking Commission
				approval of any change in project-related revenue requirement and/or rates must
				provide the following information along with its filing:
10.3.8.a.1. a letter supporting additional
				funding if applicable,
10.3.8.a.2.
				the date of the bond closing, if any, and the date a Commission order is
				needed,
10.3.8.a.3. a copy of the
				bid documents,
10.3.8.a.4. a
				description of changes to the plans and specifications of the
				project,
10.3.8.a.5. a chart
				showing original construction cost, original project cost, and original amounts
				of funding from each funding agency, in addition to a showing of the revised
				construction cost, revised project cost, and revised amounts of funding from
				each funding agency,
10.3.8.a.6. a
				proposed tariff containing the proposed rate change by the utility if
				applicable and supporting information for such increase.
10.3.8.b. In addition to the information used
				in 10.3.8.a., in those instances where the project revenue requirement proposed
				by the utility exceeds the previously noticed revenue requirement, the utility
				must file a completed Form No. 14-A for use in notifying customers.