Current through Register Vol. XLI, No. 38, September 20, 2024
Section 150-2-7 - Change or Withdrawal of Rate Schedules or Regulations7.1. No tariff or tariff sheets, or any provision thereof, may be changed, canceled or withdrawn except upon full compliance with these rules and the W. Va. Code. 7.1.1. When a utility ceases operation or discontinues all service with permission of the Commission, in conformity with the requirements of Chapter 24 of die W. Va. Code, it shall immediately notify the Executive Secretary of the Public Service Commission that it has ceased operation or discontinued service and request die withdrawal of its tariff, tariffs, schedules or supplements.7.2. All tariffs or revisions, stating changes in any provision, shall use the following codes: (I) indicates an increase in rates, (D) indicates a decrease in rates, (N) indicates new rates or regulations, (O) indicates omissions, (C) indicates change in text of regulations and (T) indicates temporary rates and/or surcharges. All of the foregoing shall be accompanied by explanatory footnotes.7.3. Changes in any provision of an effective tariff shall be filed with the Commission and put into effect, provided the filing requirements of these rules have been met; 7.3.1. By order of die Commission upon formal application by the utility, as provided by Rule hereof;7.3.2. By issuing and filing on at least thirty (30) day notice to die Commission and the public a complete new tariff (or revised sheet of an existing tariff) stating all provisions and schedules it proposes to put into effect as provided by Tariff Rules 9.1 unless suspended by the Commission;7.3.3. On die date of filing of a formal application by a Non-LRR Public Service District proposing a rate increase to result in an increase in gross revenues of less than twenty-five percent if the application meets die requirements provided in §150-2-13, Tariff Rules 13.1 et seq; or7.3.4. On the effective date stated in a Non-LRR Muni ordinance if die ordinance results in an increase of less than twenty-five percent of die gross revenue of the Non-LRR Muni utility; or upon Order of the Commission granting a waiver of die suspension period under W. Va. Code § 24-2-4b(d)(2) or a waiver otherwise applicable under W. Va. Code § 24-2-4b(h). This Rule does not apply to an Exempt Muni/Power System.7.3.5. Upon the effective date, consistent with statutory provisions, of rates proposed by a LRR Public Service District.7.3.6. Upon die effective date, consistent with statutory provisions, of an ordinance of a municipal governing body approving proposed rates for an Exempt Muni/Power System or a LRR Muni.7.3.7. Upon die effective date, consistent with statutory provisions, of an ordinance of a municipal governing body proposed for a Non-LRR Muni unless suspended by the Commission.7.4. When a tariff is filed in loose leaf form as required by Tariff Rule 3.3, the provisions or rates stated on any sheet or page thereof may be modified or changed by die filing of a revision of such sheet or page in accordance with the provisions of Tariff rules 8.1 through 10.2 inclusive. Such revisions must be identified as required by Tariff Rule 4.4.7.5. The burden of proof to show that the proposed rate, or the proposed change in rate, fare, classification, charge, or rule is just and reasonable shall be upon the public utility making application for such change.