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.10.4. Contracts between utilities. 10.4.1. Whenever a public utility required by statute to obtain prior Commission consent and approval to enter into any contract with any other utility to operate its line or plant or to enter into any contract to operate the utilities' lines or plants in connection with each other (except physical connections between utilities supplying the same service or commodity for temporary purposes only), the utilities shall file an original and twelve (12) copies of a joint petition with the Commission for authority so to do, substantially in the form of Form No. 5. The petition shall set forth the names and mailing and email addresses of the petitioners, a detailed statement describing the proposed contract, the effect it will have upon the service of the petitioners, the consideration to be paid for the service to be rendered, whether or not any other utility will be affected by the proposed operation and a statement why the petition should be granted.10.4.2. If the connection is physical between utilities supplying the same service for temporary purposes only, the utilities involved shall immediately give notice in writing of the physical connection to the Commission. The notice shall state the names and mailing and email addresses of the utilities, the utility service they provide, the location and description of the physical connection and the reason it was made.10.5. Control or acquire property of another utility. A public utility required by statute to obtain prior Commission consent and approval to purchase, lease or in any other manner acquire control, direct or indirect, over the franchise, licenses, permits, plant, equipment, business or other property of any other utility shall file with the Commission an original and twelve (12) copies of its application for authority so to do, substantially in the form of Form No. 6. The petition shall set forth the name and mailing and email addresses of the petitioner, the name and mailing and email addresses of the utility whose property, etc., is sought to be acquired, the financial condition of the petitioner and of the utility whose property, etc., is sought to be acquired, the property, etc., to be acquired and location thereof, (including a detailed map of the subject property, if applicable) the terms and conditions of the proposed transaction, the effect of the proposed transaction on the service of the parties, the method of financing the transaction and whether or not any other utility will be affected, and, if so, in what respect, a statement of the reasons why the prayer of the petition should be granted, including a financial analysis supporting the decision to enter into the proposed transaction, the historic accounting treatment of the property, including account numbers used, original cost, and the date of purchase, and the proposed journal entries associated with the proposed transaction, including account numbers and amounts.
10.6. Sale of franchises, permits and plant. A public utility required by statute to obtain prior Commission consent and approval to assign, transfer, lease, sell or otherwise dispose of its franchises, licenses, permits, plants, equipment, business or other property, or any part thereof (except tangible personal property not necessary or useful, nor which will become necessary or useful in the future, in the performance of its duties to the public), shall file with the Commission an original and twelve (12) copies of its application for authority so to do, substantially in the form of Form No. 7. Such petition shall set forth,
10.6.1. the name and mailing and email addresses of the petitioner,10.6.2. the name and mailing and email addresses of the person, firm, corporation or utility to whom it desires to assign, transfer, sell, etc., its franchises, licenses, equipment, etc.10.6.3. the financial condition of the petitioner,10.6.4. analysis which led to petitioner's decision to assign, transfer, sell, etc. its franchises, licenses, equipment, etc.,10.6.5. accounting history of the franchises, licenses, equipment etc., to be sold, assigned, etc., including the account numbers used, the original cost, and the date of purchase by the petitioner,10.6.6. the proposed journal entries associated with the sale of the franchises, licenses, equipment etc., to be sold, assigned, etc., including account numbers and amounts,10.6.7. brief statement of the history and corporate makeup and financial condition, if available, of the person, corporation, etc., to whom the franchises, licenses, equipment, etc., are to be sold, assigned, etc.,10.6.8. brief narrative of how the person, corporation, etc., to whom the franchises, licenses, etc., are to be sold, assigned, etc., became aware of the petitioner's intent to assign, transfer, sell, etc. its franchises, licenses, equipment, etc.,10.6.9. the terms and conditions of the proposed transfer, sale, etc.,10.6.10. any proposed assignment or allocation of the book value of the franchises, licenses, equipment etc., to be sold, assigned, etc.,10.6.11. description of method used to determine the open market value of the franchises, licenses, equipment etc., to be sold, assigned, etc.,10.6.12. a description of the franchises, licenses, etc., including a detailed map and plans, if applicable, which are to be assigned, sold, etc.,10.6.13. the effect of the proposed transaction on the service of the petitioner,10.6.14. the method by which the proposed assignment, sale, etc., is to be financed,10.6.15. whether or not any other utility will be affected and, if so, in what respect,10.6.16. and a statement why the petition should be granted.10.7. Merger or consolidation. A public utility required by statute to obtain prior Commission consent and approval to, by any means, direct or indirect, merge or consolidate its franchises, licenses, permits, plants, equipment, business or other property with that of any other public utility, shall file with the Commission an original and twelve (12) copies of its application for authority to do so, substantially in the form of Form No. 8. The petition shall set forth the name and mailing and email addresses of the persons forming the merger or consolidation, the name of the merged or consolidated company, the financial condition of the parties to the consolidation, the franchises, licenses, permits, plants, equipment, business and other property which are the subject of the consolidation, the effect of the proposed transaction upon the service of the parties, the method by which the consolidation will be financed, including a detailed statement of the common stocks, preferred stocks, and bonds that are proposed to be issued, if any, whether or not any other utility will be affected and, if so, in what respect, a general statement of the physical property of each of the merging parties and value thereof, and a statement of the reasons why the petition should be granted.
10.8. Purchase of stock, bonds, etc., of another utility. A public utility required by statute to obtain prior Commission consent and approval to purchase, acquire, take or receive any stock, stock certificates, bonds, notes or other evidence of indebtedness of any other public utility, shall file with the Commission an original and twelve (12) copies of its application for authority to do so, substantially in the form of Form No. 9. The petition shall set forth the name and mailing and email addresses of the petitioner, the name and mailing and email addresses of the company or companies whose stock, stock certificates, bonds, notes or other evidence of indebtedness is sought to be purchased, etc., the kind, character, description, in detail, and amount, by classes, of the stocks, bonds, notes or other evidence of indebtedness that is to be purchased, etc., the price proposed to be paid for said stocks, etc., and the terms of payment, the financial condition of the petitioner, the effect of the proposed purchase upon the service, rates, and capital structure of the petitioner, the effect the proposed transaction will have upon the service of the petitioner and the utility whose stocks, etc., are to be acquired, and the reasons why the approval and consent of the Commission should be given to the proposed purchase, etc.
10.9. Certain contracts between affiliates. A public utility required by statute to obtain prior Commission consent and approval to, by any means, direct or indirect, enter into any contract or arrangement for management, construction, engineering, supply or financial services, or for the furnishing of any other service, property or thing, with any affiliated corporation, person or interest, shall file with the Commission an original and twelve (12) copies of its application for authority to do so, substantially in the form of Form No. 10. The petition shall set forth the name and mailing and email addresses of the affiliated corporation, person or interest with whom the contract or arrangement is to be made, a copy of the contract or arrangement to be made, a full description of the nature and character of service, property or things to be rendered the petitioner, the compensation to be paid and the terms thereof, the financial condition of the petitioner and the affiliated corporation, person or interest, the effect of the proposed arrangement upon the service of the petitioner, and, if the affiliate corporation is a utility under the jurisdiction of the Commission, the effect of the proposed transaction upon its service, and a statement of the reasons why the petition should be granted.
10.10. Consent in advance to exemption from requirements of W. Va. Code § 24-2-12. A public utility desiring consent of the Commission in advance or exemption from the requirements of Section 12 of Article 2, of Chapter 24 of the Code of West Virginia and this rule, shall file with the Commission an original and twelve (12) copies of its petition for consent in advance or exemption from the requirements of said section, substantially in the form of Form No. 11. The petition shall set forth the name and mailing and email addresses of the petitioner, a statement of the subsection of Section 12 for which consent in advance or exemption is sought, including the reasons therefore, the effect the exempt action would have upon the service of the petitioner and any other public utility operating in this state, if any, a statement that neither party thereto is given an undue advantage over the other and the reasons therefore, a statement why the petition should be granted and its effect upon the public in this state. If, however, consent is prayed for in advance to do any of the things provided for in this rule, the petitioner shall also adhere substantially to the form and requirements of the appropriate subsection.
10.11. Notice and hearing. When the Commission has determined that a hearing is necessary regarding an application filed pursuant to Rule 10, the applicant will be required to give notice of the time and place set by the Commission for hearing.
W. Va. Code R. § 150-1-10