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 150-2-32 - Statutory Notice to the Public of Filing to Change Rates with Proposed Effective Date

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1. Except
				for taxi and limousine motor carriers, notice to the public of a change of
				rates and charges or rules and regulations as of a proposed effective date, as
				provided in Tariff Rule 31.1., shall be given by the carrier in the following
				manner:
32.1.1. The carrier shall post M.C.
				Tariff Form No. 8 at the offices and places of business of die carrier in die
				territory affected for at least thirty (30) days prior to the date such tariff
				or revision is to become effective, in the manner required for the posting of
				tariffs by Tariff Rule 16.1.
32.1.2. Within ten (10) days of filing its
				application, the carrier shall give notice to its customers by;
(i) posting a copy of its M.C. Tariff Form
				No. 8 at the offices and places of business of the applicant in the territory
				affected thereby;
(ii) publishing
				die first of two (2) publications of M.C. Tariff Form No. 8 by Class II legal
				advertisement in a qualified newspaper of general circulation in each of die
				counties where service is provided; and
(iii) issuing a press release to a newspaper
				of general circulation in each county where service is provided, which contains
				the substance of M.C. Tariff Form No. 8.
32.1.2.a. In addition to (i) through (iii)
				above, die carrier shall, no later than fifteen (15) days prior to die proposed
				effective date of its tariff change, have completed the mailing of separate
				notices to each of its customers by one or a combination of the following
				methods;
(a) inclusion of M.C. Tariff Form
				No. 8 as a bill insert;
(b)
				separately mailing M.C. Tariff Form No. 8; or
(c) only for applicants that bill by postcard
				instead of in an envelope and who elect not to separately mail M.C. Tariff Form
				No. 8, inclusion of a statement on a postcard billing as follows; "This common
				carrier is seeking a rate increase. Details available in newspaper publications
				or at the common carrier office after [carrier to insert date application will
				be filed with die Commission] by calling [carrier to insert common carrier
				office telephone number]."
32.1.2.b. When not more than twenty (20)
				customers will be affected by a tariff filing pursuant to Tariff Rule 32.1,
				none of the foregoing notice requirements shall apply and it shall be
				sufficient if printed notice in die form of M.C. Tariff Form No. 8 is mailed by
				the carrier to each of its customers so affected, either as a bill insert or as
				a separate mailing.
32.1.3. A certificate of posting, publication
				and separate mailing in the form of M.C. Tariff Form No. 6 shall be filed with
				the Commission to die effect that the notice and mailing requirements of
				32.1.1. and 32.1.2. have been met.
32.1.4. If die application is set for hearing
				die carrier shall give notice of die hearing in die form of M.C. Tariff Form
				No. 9, or in an alternate form attached to a Commission order, by making
				publication once a week for two (2) successive weeks, die first publication to
				be made not more than thirty (30) days nor less than fifteen (15) days prior to
				the date of the hearing, unless otherwise ordered by the Commission, in a
				newspaper(s) of general circulation in each of die counties in which service is
				provided.
32.1.5. If notice was
				provided by newspaper publication, no rate change may become effective until
				die carrier furnishes the Commission with a certificate of publication provided
				by the newspaper to the effect that M.C. Tariff Form No. 8 has been published
				as required by this Rule. Unless otherwise ordered, certificates of publication
				regarding publication of M.C. Tariff Form No. 9 regarding notice of hearing may
				be filed on die day of hearing.