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 150-2-34 - Filing Tariffs on Less than Statutory Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
34.1. Unless otherwise provided in these
				rules, when a tariff or revision is issued with a proposed effective date that
				does not provide the Commission with thirty (30) day statutory notice, is void,
				and the utility must give the Commission full statutory notice for any reissue
				of the tariff or revision. A tariff or revision that is received by the
				Executive Secretary too late to give the Commission the full thirty (30) day
				notice required by law will be returned to sender.
34.2. Tariffs and revised sheets stating
				changes in rates or practices, may be filed on less than thirty (30) day notice
				to die Commission and die public, under section 2, article 5, Chapter 24-A of
				the W. Va. Code, provided good cause is shown therefor. In making application
				for permission to file tariffs on less than statutory notice the carrier shall
				follow M.C. Tariff Form No. 1.
34.3. When permission is granted to file on
				less than statutory notice, the words "Effective on less than statutory notice
				by authority of an order of the Public Service Commission of West Virginia in
				M.C. Case No. ___________________________________, dated
				________________________________, _________" shall appear thereon.
34.4. (Historical M.C. Rule 30-E). Solid
				Waste Tipping Fees - The following accelerated procedure may be used by common
				carriers of solid waste applying for a rate surcharge because of an increase or
				decrease in the disposal rates, commonly known as tipping fees, charged by
				commercial solid waste facilities.
34.4.1. If
				any motor carrier of solid waste is required to pay higher tip fees as a result
				of increased commercial solid waste facility costs, or as a result of a rate
				filing pending before this Commission, or of any increases imposed by
				commercial solid waste facilities, such motor carrier may file an application
				in the form of M.C. Tariff Form No. 2, and amended tariffs with this Commission
				stating rates and charges designed to produce additional revenues sufficient,
				but no more than sufficient to offset such increased costs for tip fees and
				request an effective date for such amended rates not prior to the date it
				incurs said higher costs.
34.4.2.
				The Commission may investigate the reasonableness of die new rates so sought by
				die motor carrier to determine:
34.4.2.a.
				Whether the increase in tip fees is duly authorized and collectible by the
				commercial solid waste facility;
34.4.2.b. Whether die increase in rates filed
				by the motor carrier are no more than sufficient to offset such increased
				costs;
34.4.2.c. The effective date
				of such costs and the permanency thereof; and
34.4.2.d. The possibility of the motor
				carrier receiving a refund at the termination of the proceeding in which the
				increased tip fees are pending.
34.4.3 Any motor carrier using the foregoing
				procedure shall file a petition simultaneously with the tariff filing, invoking
				die provisions of this rule.
34.4.4. The motor carrier shall file evidence
				of past solid waste disposal tip fees in the form of copies of bills rendered
				by the solid waste disposal facility. The minimum data requirement in support
				of this filing shall be copies of the most recent six (6) months' disposal
				bills.
34.4.5. Before placing rates
				into effect pursuant to this procedure, tire motor carrier shall enter into an
				agreement that, if it shall receive a refund or reduction of all or part of the
				higher tip fees upon which its higher rates and charges are based, placed into
				effect as authorized by this procedure, it will comply with such order as the
				commission shall thereafter make in reference to such refund or tip fee
				reduction so received.
34.4.6. When
				any motor carrier which has increased its rates pursuant to proceedings under
				this rule receives a reduction, or a refund, on the tip fees of any commercial
				solid waste facility whose rates and charges were the basis for the rate
				increase proceedings under this rule, it shall report promptly to this
				Commission the new reduced rates and charges so ordered and the annual savings
				in costs resulting to the motor carrier from such reduction from the date said
				commercial solid waste facility increased its rates under this rule, or die
				amount of refund and the period to which it relates. Whereupon, this Commission
				may conduct an investigation to determine;
34.4.6.a. The amount of the
				reduction;
34.4.6.b. The effective
				date of the reduction;
34.4.6.c.
				The manner in which, and the extent to which, the motor carrier shall make
				refunds to its customers as a result of any refund or reduction received from a
				commercial solid waste facility to which it transports solid waste;
				and
34.4.6.d. The manner in which,
				and die extent to which, the motor carrier shall amend or adjust its rates to
				give effect to such reduction.
34.4.7. Any motor carrier which invokes the
				proceedings provided under Tariff Rule 34.3.1., hereof shall be deemed to have
				consented in advance to the proceedings under Tariff Rule 34.3.6.
34.4.8. Nothing in this rule shall be
				construed to prevent the Commission from investigating, in a separate
				proceeding, whether a motor carrier should absorb all or part of an increase in
				tip fees from a commercial solid waste facility.