reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-34 - Rules Governing Alternative and Renewable Energy Portfolio Standard › Section 150-34-5 - Certified Alternative and Renewable Energy Resource Credits

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Awarded
				credits shall be created and tracked through the registry system referenced in
				Rule 6.1.
5.2. A qualified energy
				resource certified under Rule 4.2.a or 4.2.c shall be awarded certified
				alternative and renewable energy resource credits as summarized in Table
				150-34A at the end of this rule and as described below:
5.2.a. One credit for each megawatt hour of
				electricity generated or purchased from an alternative or renewable energy
				resource facility located within the geographical boundaries of this state or
				located outside of the geographical boundaries of this state but within the PJM
				Region;
5.2.a.1. Only electricity generated
				after the alternative or renewable energy resource is certified under Rule
				4.2.a or 4.2.c is eligible for a credit; and
5.2.a.2. Any facility that is capable of
				producing electricity from more than one type of alternative or renewable
				energy resource, either simultaneously or as alternatives, shall be awarded
				credits in proportion to the electricity generation attributable to each
				alternative or renewable energy resource as provided for in the operating rules
				of GATS.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-34 - Rules Governing Alternative and Renewable Energy Portfolio Standard › Section 150-34-6 - Trading Program & Credit Registry

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Commission designates the GATS,
				owned and operated by PJM-Environmental Information Services, Inc. (PJM-EIS),
				as the credit registry to track awarded credits under Rule 5.
6.1.a. The registry shall track, and electric
				utilities and certified alternative or renewable energy resources shall be
				obligated to report to GATS, credit transactions, including the following
				information for each transaction:
(i) the
				parties to the transaction;
(ii)
				the number of credits sold or transferred;
(iii) vintage of the credits; and
(iv) the price paid.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-34 - Rules Governing Alternative and Renewable Energy Portfolio Standard › Section 150-34-7 - Alternative and Renewable Energy Portfolio Standard

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. For the purpose of determining an
				electric utility's compliance with the Portfolio Standard set forth in Rules
				7.3 and 7.4 , each credit shall equal one megawatt hour of electricity sold by
				an electric utility in the preceding year to retail customers in West Virginia
				as recorded at the customer's meter, except as provided for under Rules
				5.2.a-c. Furthermore, an electric utility may not use a credit more than once
				in order to comply with the Portfolio Standard.
7.2. No more than ten percent of the credits
				used each year by an electric utility to comply with the Portfolio Standard may
				be credits acquired from the generation or purchase of electricity generated
				from natural gas. No more than ten percent of the credits used each year by an
				electric utility to comply with the Portfolio Standard may be credits acquired
				from the generation or purchase of electricity generated from supercritical
				technology, provided however, that this limit does not apply to other advanced
				coal technologies as determined by the Commission.
7.3. On and after January 1, 2025, an
				electric utility shall each year own credits in an amount equal to at least
				twenty-five percent of the electric energy sold by the electric utility to
				retail customers in this state in the preceding calendar year.
7.4. The following interim Portfolio Standard
				shall apply:
7.4.a. For the period beginning
				January 1, 2015, and ending December 31, 2019, an electric utility shall each
				year own credits in an amount equal to at least ten percent of the electric
				energy sold by the electric utility to retail customers in this state in the
				preceding calendar year.
7.4.b. For
				the period beginning January 1, 2020, and ending December 31, 2024, an electric
				utility shall each year own credits in an amount equal to at least fifteen
				percent of the electric energy sold by the electric utility to retail customers
				in this state in the preceding calendar year.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-34 - Rules Governing Alternative and Renewable Energy Portfolio Standard › Section 150-34-8 - Compliance Plan and Annual Report

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. On or before January 1, 2011, each
				electric utility subject to the provisions of this rule shall prepare an
				alternative and renewable energy portfolio standard compliance plan and shall
				file an application with the Commission, in filing formats to be determined by
				the Commission, seeking approval of such plan.
8.2. A portfolio standard compliance plan
				shall include:
8.2.a. Statistics and
				information concerning the electric utility's sales to retail customers in West
				Virginia as recorded at the customer's meter during the preceding ten calendar
				years;
8.2.b. A calculation of the
				electric utility's projected yearly sales to retail customers for the years
				2011-2025;
8.2.c. A calculation of
				the expected number of credits required to meet the Portfolio Standard set
				forth in this rule;
8.2.d. An
				anticipated time line for the development, purchase or procurement of credits
				sufficient to meet the Portfolio Standard set forth in this rule;
8.2.e. A nonbinding estimate of the costs to
				comply with the Portfolio Standard set forth in this rule;
8.2.f. A description of any greenhouse gas
				emission reduction or offset projects or energy efficiency or demand-side
				energy initiative projects that have been or will be submitted for
				certification under Rule 4 that the electric utility proposes to convert to
				credits in accordance with this rule;
8.2.g. A list of any requirements and a
				description of how the electric utility satisfied or will satisfy those
				requirements if an electric utility is subject to an alternative energy,
				advanced energy, renewable energy or similar energy portfolio standard in any
				other state;
8.2.h. Information on
				the electric utility's resource acquisition activities or those of its
				affiliated utilities; and
8.2.i.
				Such further information as required by the Commission.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-34 - Rules Governing Alternative and Renewable Energy Portfolio Standard › Section 150-34-9 - Compliance Determination and Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Commission shall determine whether
				each electric utility doing business in this state is in compliance with the
				Portfolio Standard following the end of each calendar year during which a
				Portfolio Standard applies.
9.1.a. An
				electric utility must own credits needed to comply with the Portfolio Standard
				of a given year by December 31, 2015 for the first year and by December 31 of
				each following year with a Portfolio Standard. Credits owned to meet the
				Portfolio Standard of a given year must be retired in the registry as provided
				for in Rule 7.5 by submission of the annual progress report required by Rule
				8.4 in the next calendar year.
9.1.b. The requirements of this rule for an
				electric utility in each year are summarized in Table 150-34B at the end of
				this rule:
9.1.c. On or after March
				31, 2016 and after March 31 of each following year, the Commission shall verify
				compliance of the electric utility with the Portfolio Standard in the previous
				calendar year. By June 30, 2016 and by June 30 of each following year in which
				an annual progress report is required, the Commission will initiate a
				proceeding and provide written notice to each electric utility of an initial
				assessment of its compliance status, including any preliminary calculation of a
				compliance assessment due.
9.1.d.
				The Commission shall impose a compliance assessment on the electric utility
				that shall equal at least the lesser of the following:
9.1.d.1. Fifty dollars multiplied by the
				number of additional credits that would be needed to meet an alternative and
				renewable energy Portfolio Standard in a given year; or
9.1.d.2. Two hundred percent of the average
				market value of credits sold for the purpose of compliance with the Portfolio
				Standard of this rule in a given year multiplied by the number of additional
				credits needed to meet the alternative and renewable energy Portfolio Standard
				for that year.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-34 - Rules Governing Alternative and Renewable Energy Portfolio Standard › Section 150-34-10 - Alternative and Renewable Energy Resources Research Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Commission and the Division of
				Energy shall jointly administer a special revolving fund in the State Treasury,
				which shall be designated the "Alternative and Renewable Energy Resources
				Research Fund." The fund shall be used to award matching grants for
				demonstration, commercialization, research and development projects relating to
				alternative and renewable energy resources and energy efficiency
				technologies.
10.2. The fund shall
				consist of any moneys appropriated by the Legislature, any compliance
				assessments collected by the Commission under this rule, any gifts, bequests or
				other contributions to the fund from private entities or electric customers,
				and any interest or other return on the moneys in the fund.
10.3. Any donations to the fund collected by
				an electric generation supplier or electric distribution company shall be
				forwarded to the Commission and the Commission shall deposit such moneys in the
				fund.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-34 - Rules Governing Alternative and Renewable Energy Portfolio Standard › Section 150-34-11 - Cost Recovery and Rate Incentives for Electric Utility Investment in Alternative and Renewable Energy Resources

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. An electric utility shall have the
				right to recover the costs of complying with the alternative and renewable
				energy Portfolio Standard set forth in this rule in a manner prescribed by the
				Commission. Although the Commission may approve costs that exceed the costs of
				current utility generation or purchased power, the electric utility has the
				burden to demonstrate that the costs are reasonable and represent the least
				cost of compliance. Notwithstanding any provision of the West Virginia Code to
				the contrary, an electric utility may not recover in rates the costs of
				compliance assessments imposed under Article 2F, Chapter 24 of the West
				Virginia Code or these rules.
11.2.
				Upon a finding that it is in the public interest of this state, as provided in
				W. Va. Code §
									24-2F-1,
				the Commission may authorize incentive ratemaking allowances for electric
				utility investment in the construction of new alternative or renewable energy
				resource facilities in West Virginia to encourage investments in the use and
				development of alternative or renewable energy resource facilities.
11.3. The Commission shall determine, at such
				time and in such proceeding, form and manner as is considered appropriate by
				the Commission, the extent to which any electric utility investment qualifies
				for the incentive ratemaking pursuant to this Rule 11.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-34 - Rules Governing Alternative and Renewable Energy Portfolio Standard › Section 150-34-12 - Public Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				Commission shall, under W. Va. Code §
									29B-1-4, treat as
				confidential and exempt from public disclosure under Rule 6.1.a. pricing
				information received from utilities concerning individual transactions. The
				Commission shall make available to the public aggregate pricing data on
				credits.
12.2. The Commission may
				publish electric utilities' aggregate sales to retail customers in West
				Virginia corresponding to voluntary purchases by retail customers of energy
				from renewable sources and voluntary retail purchases of offsets or greenhouse
				gas emission reductions offsetting retail power use.
12.3. The Commission may publish information
				on the compliance record of an electric utility and overall program
				performance.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-35 - Rules Governing Innovative, Alternative Sewer Systems › Section 150-35-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules govern the operation and service of Innovative, Alternative Sewage
				Disposal Service systems subject to the jurisdiction of the Public Service
				Commission pursuant to W. Va. Code §
									24-2-1.
1.2. Authority. -- W. Va. Code §§
									24-1-1,
				24-1-7,
				24-2-1,
				24-2-2,
				24-2-5,
				24-2-7,
				24-2-8,
				24-2-9,
				24-3-2,
				24-3-5,
				16-13A-2,
				16-13A-9,
				and
				8-18-23.
1.3. Filing Date. -- November 22,
				2011.
1.4. Effective Date. --
				January 23, 2012.
1.5. General.
1.5.a. These Rules for the Government of
				Innovative, Alternative Sewer Systems, 150CSR35 (Innovative, Alternative Sewer
				System Rules), supplement the current Commission Rules for the Government of
				Sewer Utilities, 150CSR5 (Sewer Rules). Whenever there is any conflict between
				the Sewer Rules and the Innovative, Alternative Sewer System Rules for matters
				relating to Innovative, Alternative Sewage Disposal Service systems, the more
				specific provisions of the Innovative, Alternative Sewer System Rules,
				150CSR35, shall apply. For matters relating to Innovative, Alternative Sewage
				Disposal Service systems that are not addressed in the Innovative, Alternative
				Sewer System Rules, the provisions in the Sewer Rules shall apply.
1.5.b. These rules are intended to insure
				adequate service to the public via Innovative, Alternative Sewer Disposal
				Service systems, to provide standards for uniform and fair charges and
				requirements by the utilities and their customers, and to establish the rights
				and responsibilities of both utilities and customers.
1.5.c. The adoption of these rules in no way
				precludes the Commission from altering or amending them in whole or in part, or
				from requiring any other or additional service, equipment, facility or
				standard, either upon complaint or upon its own motion, or upon the application
				of any utility.
1.5.d. These rules
				will not relieve in any way a utility from any of its duties under the laws of
				this State.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-35 - Rules Governing Innovative, Alternative Sewer Systems › Section 150-35-2 - Maps and records

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Entire
				layout required. -- In addition to the requirements of Sewer Rule 2.6,
				150CSR5-2.6, each utility shall keep on file suitable maps, plans, and records
				showing the entire layout, with the location, size and capacity of each
				Innovative, Alternative treatment facility, septic tank, underground dispersal
				area, reserve or set-aside installation area used to provide Innovative,
				Alternative Sewage Disposal Service.
2.2. Electronic and paper copies required. --
				Because of the unique nature of Innovative, Alternative Sewer Disposal Service
				and to maintain the currency of the system mapping, the sewer utility shall be
				required to submit to the Commission as-built electronic data files for all
				projects, in addition to the paper copies. To comply with this requirement, the
				sewer utility may provide the Commission with materials that the sewer utility
				receives from the project designer. The electronic file must be submitted with
				the original reproducible drawing when the project is substantially complete. A
				digital representation of all structures, gravity sewers, force main sewers,
				septic tanks, drain fields, treatment facilities and parcels where ownership or
				rights of way are acquired shall be delivered in .pdf format and use the
				appropriate North American datum (NAD) as specified by the utility.
2.3. Specific information requirements. --
				The following information shall be submitted to the Commission on a computer
				disk in .pdf format. Each type of Innovative, Alternative sewer infrastructure
				shall be included. All gravity sewer lines are to begin and terminate at each
				manhole, all force main sewers shall include clean outs appropriately spaced,
				and all septic tanks shall be clearly identified as to type, age and size.
2.3.a. Roads (street names)
2.3.b. Buildings and other
				structures
2.3.c. Property
				lines
2.3.d. Sanitary sewer
				details, including
2.3.d.1.
				Manholes
2.3.d.2. Gravity sewer
				lines and force mains
2.3.d.3.
				Laterals and clean outs
2.3.d.4.
				Valves, plugs, and pump stations
2.3.d.5. Septic tanks and drain
				fields
2.3.d.6. Service lines and
				tap locations
2.3.e.
				Water system details, including those being constructed by the sewer utility
2.3.e.1. Water mains
2.3.e.2. Service lines between the main and
				the meter
2.3.e.3. Water
				valves
2.3.e.4. Fire hydrants and
				hydrant valves
2.3.e.5. Water
				meters
2.3.e.6. Air release
				valves
2.3.e.7. Blow-offs and
				plugs
2.3.e.8. Wells
2.3.f. Easements
2.3.g. Other underground utilities
The requirements of this rule to file information in .pdf
				  format shall not preclude Commission Staff from requesting data in other
				  formats.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-35 - Rules Governing Innovative, Alternative Sewer Systems › Section 150-35-3 - Reserve account

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Pre-funding requirement. -- All sewer utilities that do not provide sewer
				service on the effective date of these Rules and seek to provide Innovative,
				Alternative Sewage Disposal Service shall provide to the Commission in the
				certificate of public convenience filing to construct and operate such a system
				evidence of the pre-funding of a reserve account equal to six (6) months of
				revenue for each customer to be served by the Innovative, Alternative Sewage
				Disposal Service. Such reserve must be segregated and maintained separately
				from other funds of the utility. The requirement for a reserve account, or the
				exemption for active utilities already providing sewer service, may be waived
				or modified by the Commission for good cause.
3.2. Separate accounting. -- Any utility
				required to establish a pre-funding reserve account will keep a separate
				subsidiary ledger of the revenues and expenses incurred in providing
				Innovative, Alternative Sewage Disposal Service.
3.3. Access to reserve account. -- The
				reserve account may be accessed to provide revenue to the sewer utility in the
				event that the revenues collected from customers receiving Innovative,
				Alternative Sewage Disposal Service are less than the projected incremental
				revenue levels approved by the Commission.
3.4. Commission review. -- The Commission
				shall review the activity in the reserve account in the context of the filing
				of a rate case by the utility or upon motion of the Commission. If the account
				falls below the six-month (6 month) required revenue requirement level at the
				end of any year, the Commission may consider the use of a surcharge or other
				means to restore the reserve account to the six-month (6 month) revenue
				requirement level.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-35 - Rules Governing Innovative, Alternative Sewer Systems › Section 150-35-4 - Billing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Calculating
				the bill. -- All bills for Innovative, Alternative Sewer Disposal Service shall
				state whether the charge is based upon quantities of water consumed at the
				premises, flat rate or other basis.
4.2. No public water. -- When public water is
				not available to the customer, the sewer utility may issue a flat rate bill or
				install a water meter on the customer's water well or water supply system to
				the premises being served and issue a bill based upon quantities of water
				consumed.
4.2.a. If the utility elects to
				install a water meter, it must first acquire rights of way from the customer
				that allow the utility to access the metering equipment and inspect the
				customer facilities. The rights of way shall be recorded in the real property
				records at the Court House in the County in which the customer property is
				located.
4.2.b. Any water meter
				installed by the sewer utility pursuant to this rule shall be subject to the
				calibration requirement in the Commission Rules for the Government of Water
				Utilities, 150CSR7. The meter shall be calibrated and maintained by the
				utility.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-35 - Rules Governing Innovative, Alternative Sewer Systems › Section 150-35-6 - Customer User Agreement and educational outreach

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. User Agreement required. -- Any provider
				of Innovative, Alternative Sewage Disposal Service shall require all new
				customers to sign a User Agreement accepting for at least 10 years the type of
				Innovative, Alternative Sewage Disposal Service to be provided and the method
				by which billing will occur. If the facilities include on-site treatment of
				effluent, the User Agreement shall define all of the requirements and
				responsibilities of the customer with the appropriate charges noted. The User
				Agreement shall be recorded in the real property records at the Court House in
				the County in which the customer property is located.
6.2. Educational outreach required. -- Any
				provider of Innovative, Alternative Sewage Disposal Service that files a
				certificate of public convenience and necessity application for facilities to
				provide such service must submit a customer education and outreach plan as a
				part of the certificate application.
6.3. Customer education and outreach plan
				requirements. -- The customer education and outreach plan must include, at
				least, the following:
6.3.a. If septic tanks
				are a component of the collection and treatment system, an outlined method for
				disseminating information regarding septic system maintenance, prohibited waste
				stream discharges and customer responsibilities. The plan should clearly define
				the charges that the sewer utility will assess if a customer fails to follow
				the tank maintenance requirements. The plan also should clearly delineate
				septic tank ownership and maintenance responsibilities (including regular
				pumping of tanks and associated costs) and the replacement schedule. If
				existing septic tanks are to be incorporated into the new collection and
				treatment system, and a cost-sharing arrangement is to be implemented for tank
				and/or onsite system maintenance activities, the education and outreach plan
				must provide a complete detail of related costs and responsibilities.
6.3.b. The education and outreach plan
				information shall be presented to the customer when the customer applies for
				Innovative, Alternative Sewage Disposal Service.
6.3.c. Customer outreach and education will
				occur thereafter at least every 2 years.
6.3.d. The customer education and outreach
				plan and all related information must be available at the sewer utility's
				business office during normal business hours.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-35 - Rules Governing Innovative, Alternative Sewer Systems › Section 150-35-7 - Certificate of Public Convenience and Necessity

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Certificate required. -- Any utility or
				entity that will serve a total of 25 or more customers through Innovative,
				Alternative Sewage Disposal Service facilities must apply for a certificate of
				public convenience and necessity for the construction and operation of those
				facilities. A Class A sewer utility may petition the Commission for a
				determination of whether a proposed Innovative, Alternative Sewer Disposal
				Service facility is an ordinary extension of the existing system in the usual
				course of business.
7.2.
				Designation of area served. -- Innovative, Alternative Sewage Disposal Service
				facilities may only be installed in accordance with the certificate approved by
				the Commission.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-36 - Rules Governing Stormwater Utilities › Section 150-36-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - These
				rules govern the operation and service of public service district stormwater
				utilities subject to the jurisdiction of the Public Service Commission pursuant
				to W.Va. Code §
									24-2-1.
1.2. Authority. - W.Va. Code §§
									16-13A-1c,
				16-13A-2,
				16-13A-8,
				16-13A-9,
				24-2-1.
1.3. Filing Date. - May 6, 2014
1.4. Effective Date. - July 5, 2014
1.5. General. - These rules apply to public
				service districts providing a stormwater utility service.
1.5.a. These rules are intended to insure
				adequate service to the public, to provide standards for uniform and fair
				charges and requirements on the utilities and their customers, and to establish
				the rights and responsibilities of both utilities and customers.
1.5.b. The adoption of these rules in no way
				precludes the Commission from altering or amending them in whole or in part, or
				from requiring any other or additional service, equipment, facility or
				standard, either upon complaint or upon its own motion, or upon the application
				of any utility.
1.5.c. These rules
				will not relieve in any way a utility from any of its duties under the laws of
				this State.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-36 - Rules Governing Stormwater Utilities › Section 150-36-2 - Records, Reports and Other Information to be Supplied to the Commission

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Records and
				reports.
2.1.a. Preservation of records - All
				records required by these rules shall be preserved by the stormwater utility in
				the manner prescribed by the Commission.
2.1.b. Location of records.
2.1.b.1. Such records should be kept at the
				office or offices of the applicable public service district with stormwater
				authority in West Virginia and shall be available during regular business hours
				for examination by the Commission or its duly authorized
				representative.
2.1.b.2. If kept
				outside the State, such records shall be brought to the public service
				district's office in West Virginia upon request of the Commission, or the
				public service district may be required to pay the reasonable traveling
				expenses of Commission employees assigned to examine the records.
2.1.c. Reports to the Commission -
				Upon Commission request, a public service district shall furnish to the
				Commission the results of any test or tests required to be made, or the
				information contained in any records required to be kept by the public service
				district or any further information in its possession respecting its rates,
				charges, or practices, without formal order of the Commission requiring the
				release of such information.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-36 - Rules Governing Stormwater Utilities › Section 150-36-3 - Basis of Billing for Stormwater Service

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Billing for stormwater service will be
				based on rates and methods approved by the Commission, which may include rates
				and charges based on the amount of impervious area on the property
				served.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-36 - Rules Governing Stormwater Utilities › Section 150-36-5 - Utility Facilities; Service Pipes; Expansion of Service

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Adequacy of
				Facilities.
5.1.a. The UCF of every
				stormwater utility shall be designed, constructed, maintained and operated to
				receive and transport the stormwater from its customers' facilities to its
				stormwater outfall within the design limits of its WVDEP stormwater permit for
				new and existing facilities and related Commission certificate of public
				convenience and necessity. The utility shall develop and implement its
				stormwater management program in order to reduce the discharge of pollutants to
				the MEP.
5.1.b. Construction and
				Maintenance of System - Each stormwater utility shall at all times construct
				and maintain its facilities to furnish safe, adequate, reliable and continuous
				service.
5.1.c. Inspection - Each
				utility shall inspect its plant and stormwater facilities in such manner and
				with such frequency as is necessary to insure a reasonably complete knowledge
				as to their conditions and adequacy at all times. Such inspections must comply
				with the legally applicable requirements.
5.1.d. Records of Conditions - Records
				necessary for the proper maintenance of the system in accordance with the WVDEP
				shall be kept of the conditions found. In special cases, a more complete record
				may be specified by the Commission.
5.1.e. Records of Operation - Each utility
				shall keep a record of the operation of its facilities, which, so far as
				practical, shall show sufficient details of facility operation as is necessary
				to substantially reproduce its daily operations. The records shall also be
				maintained in accordance with the requirements of the WVDEP.
5.1.f. Report to Commission - Each utility
				shall, upon request of the Commission, file with the Commission a statement
				regarding the condition and adequacy of its plant, equipment, and facilities,
				and of its operations, maintenance and service in such form as the Commission
				may require.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-36 - Rules Governing Stormwater Utilities › Section 150-36-6 - Safety requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The utility shall be subject to and comply with the provisions of Rule 6 of the
				"Rules for the Government of Sewer Utilities," 150 CSR 5.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-36 - Rules Governing Stormwater Utilities › Section 150-36-7 - Creation or alteration of public service districts

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The utility shall be subject to and
				comply with the provisions of Rule 7 of the "Rules for the Government of Sewer
				Utilities," 150 CSR 5.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-37 - Rules Governing the Occupancy of Customer-Provided Conduit › Section 150-37-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules are promulgated to effectuate W. Va Code §
									24-2E-3.
1.2. Authority. -- W. Va. Code §§
									24-2E-3,
				24-1-7,
				24-2-1
				and
				24-2-6.
1.3. Filing Date. -- September 8,
				2022.
1.4. Effective Date. --
				September 8, 2022.
1.5. Sunset
				provision. This rule shall terminate and have no further force or effect on
				August 1, 2026.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-37 - Rules Governing the Occupancy of Customer-Provided Conduit › Section 150-37-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Apparatus" -
				The Conduit or Other Underground Construction (but not including the cable)
				that provides a cable pathway between the Service Provider network and the
				Customer.
2.2. "Commission" -- The
				Public Service Commission of West Virginia.
2.3. "Conduit" - A structure containing one
				or more cables or one or more Ducts used to house and protect cables.
2.4. "Customer" -- Any person, firm,
				partnership, corporation, municipality, cooperative, organization, governmental
				agency, etc., who purchases services from a Service Provider.
2.5. "Customer-Provided Conduit" - The
				Conduit either installed by, or on behalf of, a Customer at the Customer's
				expense on real property either owned, managed or administered by the Customer
				for purposes of installing wires and cable for the provision of services. The
				cable inside the Conduit remains under the ownership of the Service Provider
				until the point of entrance or service point as per the National Electrical
				Code (NEC).
2.6. "Duct" - A single
				enclosed race way placed inside a Conduit for conductors or cable.
2.7. "Intercept" - The physical components
				(including Conduit, Duct and fittings) required to insert a cable into an empty
				or occupied Conduit while maintaining the seal integrity at the Intercept
				installation point of the Conduit and physical protection of any installed
				cable.
2.8. "Other Underground
				Construction" - Manholes, vaults, Intercepts, universal access facilities,
				Ducts and any other part or appurtenance of a customer-provided system that is
				used to provide a cable pathway between the Service Provider network and the
				Customer.
2.9. "Service Provider" -
				A Customer, Telephone Public Utility, Telephone Company or any other entity
				that occupies, or desires to occupy, Conduit or Other Underground Construction
				that is used to provide services by a Telephone Public Utility and that has
				been provided at the Customer's expense.
2.10. "Telephone Company" or "Telephone
				Public Utility" -- Any provider of telecommunications or data services to the
				public under the jurisdiction of the Commission.
2.11. "Universal Access Point (UAP)" -- An
				access point located at the terminus of the installed Customer-Provided Conduit
				or Other Underground Construction installed by the Customer or Service Provider
				to serve as an entry point for multiple Service Providers into the
				Customer-Provided Conduit.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-37 - Rules Governing the Occupancy of Customer-Provided Conduit › Section 150-37-3 - Telephone Conduit Occupancy

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Prohibition and Ownership.
3.1.a. A Telephone Public Utility may not
				prohibit, either by contract or service tariff, a Customer who has provided
				Conduit or Other Underground Construction provided at the Customer's expense
				from using the Conduit or Other Underground Construction for purposes other
				than services provided by the Telephone Company. A Customer who provides the
				Conduit or Other Underground Construction is the owner of that
				Apparatus.
3.1.b. A Telephone
				Public Utility shall not be permitted to exercise management, oversight or
				administrative authority relative to access, occupancy or utilization of
				Customer-Provided Conduit or Other Underground Construction.
3.1.c. A Telephone Public Utility shall not
				be permitted to reserve space within Customer-Provided Conduit or Other
				Underground Construction.
3.1.d.
				Unoccupied Duct space owned by the Customer within Customer-Provided Conduit or
				Other Underground Construction is presumed available for use by all Telephone
				Public Utilities or Service Providers with the consent of the
				Customer.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules govern the regulation of pole attachments subject to the
				jurisdiction of the Public Service Commission pursuant to W. Va. Code §
				31G-4-4, and subject to regulation under
				47 U.S.C. §
										224, commonly referred to as the Pole
				Attachment Act and the regulations promulgated thereunder at
				47 C.F.R
				§§
										1.1401-1.1415.
1.2. Authority. -- W. Va. Code §§
									24-1-1,
				24-1-7,
				24-2-1,
				24-2-2,
				31G-4-4.
1.3. Filing Date. --
				November 14, 2022.
1.4. Effective
				Date. -- January 13, 2023.
1.5.
				Intent. -- The Commission has the authority to consider, and will consider, the
				interests of the subscribers of the services offered by means of pole
				attachments as well as the interests of the consumers of the utility services.
				These rules, commonly referred to as the Pole Attachment Rules, adopt the
				rates, terms, conditions and complaint procedures for access to and use of
				utility poles, ducts, conduits and rights-of-way, as provided by W. Va. Code
				§ 31G-4-4.
1.6. Application of
				rules. -- This Series applies to all persons, entities, poles, ducts, conduits
				and rights-of-way subject to
				47 U.S.C. §
										224 and
				47
				C.F.R. §§
										1.1401-1.1415 as the federal
				statute and those regulations may be amended. An amendment to
				47 U.S.C. §
										224 or
				47
				C.F.R. §§
										1.1401-1.1415 shall take
				effect in West Virginia 60 days after the effective date of the federal change
				unless otherwise ordered by the Commission.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-3 - Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay; and cable operator notice

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A utility
				shall provide a cable television system or any telecommunications carrier with
				nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or
				controlled by it. Notwithstanding this obligation, a utility may deny a cable
				television system or any telecommunications carrier access to its poles, ducts,
				conduits, or rights-of-way, on a nondiscriminatory basis where there is
				insufficient capacity or for reasons of safety, reliability and generally
				applicable engineering purposes.
3.2. Requests for access to a utility's
				poles, ducts, conduits or rights-of-way by a telecommunications carrier or
				cable operator must be in writing. If access is not granted within 45 days of
				the request for access, the utility must confirm the denial in writing by the
				45th day. The utility's denial of access shall be specific, shall include all
				relevant evidence and information supporting its denial, and shall explain how
				such evidence and information relate to a denial of access for reasons of lack
				of capacity, safety, reliability or engineering standards.
3.3. A utility shall provide a cable
				television system or telecommunications carrier no less than 60 days written
				notice prior to:
3.3.1. Removal of facilities
				or termination of any service to those facilities, such removal or termination
				arising out of a rate, term or condition of the cable television system
				operator's or telecommunications carrier's pole attachment agreement;
3.3.2. Any increase in pole attachment rates;
				or
3.3.3. Any modification of
				facilities by the utility, other than make-ready noticed pursuant to Rule 10.5,
				routine maintenance, or modification in response to emergencies.
3.3.4. A cable television system operator or
				telecommunications carrier may file a "Petition for Temporary Stay" of the
				action contained in a notice received pursuant to Rule 3.3 within 15 days of
				receipt of such notice. Such submission shall not be considered unless it
				includes, in concise terms, the relief sought, the reasons for such relief,
				including a showing of irreparable harm and likely cessation of cable
				television service or telecommunication service, a copy of the notice, and
				certification of service as required by Rule 4.2. The utility may file an
				answer within 7 days of the date the Petition for Temporary Stay was filed. No
				further filings under this section will be considered unless authorized by the
				Commission.
3.3.5. Cable operators
				must notify pole owners upon offering telecommunications services.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-4 - Pole attachment complaint proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Pole
				attachment complaint proceedings shall be governed by Rules 17 through 31 of
				this Series, except as otherwise provided in this Series.
4.2. The formal complaint shall be filed with
				the Executive Secretary of the Commission and shall be accompanied by a
				certification of service on the named defendant, and each of the Federal,
				State, and local governmental agencies that regulate any aspect of the services
				provided by the complainant or defendant.
4.3. The complaint shall include a statement
				that the utility is not owned by any railroad, any person who is cooperatively
				organized or any person owned by the Federal Government or the State.
4.4. The complaint shall be accompanied by a
				copy of the pole attachment agreement, if any, between the cable television
				system operator or telecommunications carrier and the utility. If there is no
				present pole attachment agreement, the complaint shall contain:
4.4.1. A statement that the utility uses or
				controls poles, ducts, or conduits used or designated, in whole or in part, for
				wire communication; and
4.4.2. A
				statement that the cable television system operator or telecommunications
				carrier currently has attachments on the poles, ducts, conduits, or
				rights-of-way.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-6 - Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If the
				Commission determines that the rate, term, or condition complained of is not
				just and reasonable, it may prescribe a just and reasonable rate, term, or
				condition and may:
6.1.1. Terminate the
				unjust and/or unreasonable rate, term, or condition;
6.1.2. Substitute in the pole attachment
				agreement the just and reasonable rate, term, or condition established by the
				Commission; and/or
6.1.3. Order a
				refund, or payment, if appropriate. The refund or payment will normally be the
				difference between the amount paid under the unjust and/or unreasonable rate,
				term, or condition and the amount that would have been paid under the rate,
				term, or condition established by the Commission, plus interest, consistent
				with the applicable statute of limitations.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-38 - Rules for the Government of Pole Attachments › Section 150-38-7 - Imputation of rates; modification costs

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A utility that
				engages in the provision of telecommunications services or cable services shall
				impute to its costs of providing such services (and charge any affiliate,
				subsidiary, or associate company engaged in the provision of such services) an
				equal amount to the pole attachment rate for which such company would be liable
				under this section.
7.2. The costs
				of modifying a facility shall be borne by all parties that obtain access to the
				facility as a result of the modification and by all parties that directly
				benefit from the modification. Each party described in the preceding sentence
				shall share proportionately in the cost of the modification. A party with a
				preexisting attachment to the modified facility shall be deemed to directly
				benefit from a modification if, after receiving notification of such
				modification, as provided in these rules, it adds to or modifies its
				attachment. Notwithstanding the foregoing, a party with a preexisting
				attachment to a pole, conduit, duct or right-of-way shall not be required to
				bear any of the costs of rearranging or replacing its attachment if such
				rearrangement or replacement is necessitated solely as a result of an
				additional attachment or the modification of an existing attachment sought by
				another party. If a party makes an attachment to the facility after the
				completion of the modification, such party shall share proportionately in the
				cost of the modification if such modification rendered possible the added
				attachment.