W. Va. Code R. § 150-12-2

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-12-2 - Filing of Railroad Rates

2.1. Notice period for filing railroad tariffs. -- In accordance with 49 U.S.C. '10762(c)(3) the notice period for filing railroad tariffs with the Public Service Commission of West Virginia which contain new or changed rates, classifications, rules, practices or other provisions shall be as follows:

a. The tariff shall be on file with this Commission at least twenty (20) days prior to its effective date for rates or provisions published in connection with new service or changes resulting in increased rates or decreased value of service.

b. The tariff shall be on file with this Commission at least ten (10) days prior to its effective date for changes resulting in decreased rates or increased value of service, or changes resulting in neither increases nor reduction, except that independently filed new or reduced rates may become effective on one-day's notice.

c. The tariff shall be on file with this Commission at least forty-five (45) days prior to its effective date for joint rate surcharges and cancellations filed pursuant to the provisions of 49 U.S.C. '10705a.

d. A railroad or its publishing agent may present a petition to the Commission seeking to depart from the provisions of (1), (2) or (3) if good cause can be shown.

e. The notice period for railroad rate contracts filed with this Commission is set forth at Rule 7.2(6) of these rules.

2.2. Content of notices. -- Each rate publication filed with the Commission shall be on forms prescribed by the Commission in Rules 2 through 7 of its Rules and Regulations for the Government of the Construction and Filing of Tariffs of Public Utilities and Common Carriers by Motor Vehicle and shall contain such information as the Commission may require, including but not limited to:

a. a tariff containing all relevant and material provisions relating to the rate and its application; and

b. a statement of the effect which the rate shall have on the carrier's revenue (increase, decrease, no change)

2.3. Defect in notice. -- No rate shall be considered published under the provisions of the Staggers Act unless notice has been given in compliance with this section. However, if a tariff is filed and becomes effective despite some defect the rates, charges, fares, classifications, rules, etc., in that tariff are in effect and will be applied until cancelled or amended or until they are stricken from the files by the Public Service Commission of West Virginia in accordance with the Rules of the Commission and the relevant provisions of the Interstate Commerce Act.

W. Va. Code R. § 150-12-2