Current through Register 1531, September 27, 2024
(1)
Form. All
tariffs, schedules, and contracts shall be typewritten, printed, or otherwise
legibly duplicated on paper cut or folded to letter size, eight inches to 81/2
inches by 101/2 inches to 11 inches. However, tariffs or schedules of express
companies may be on 91/2 inch x 111/2 inch paper. The impression shall be on
only one side of the paper, unless printed and bound. Tariffs filed pursuant to
the Department's Electronic Filing Guidelines satisfy
220 CMR 5.00.
(2)
Filing.
(a) Two copies of all tariffs or schedules
and two copies of all contracts will be filed with the Department, unless
electronically filed pursuant to 220 CMR 5.02(2)(a). One copy of all tariffs,
schedules or contracts subject to the jurisdiction of the Federal Energy
Regulatory Commission shall be filed for the information of the Department.
Electronic Filing. Papers may be filed
and signed by electronic means pursuant to the Department's Electronic Filing
Guidelines. A paper filed electronically in compliance with the Guidelines is a
written paper or document for purposes of
220 CMR 5.00. Letters pursuant
to
220 CMR 5.03(1) or
(3) may be filed
electronically.
(b) The
filing of a tariff, rate schedule or terms, conditions or regulations in
connection therewith shall not be considered the adoption of a regulation under
220 CMR 2.00: Rules
for Adopting, Amending, or Repealing Regulations and for Issuing Advisory
Rulings.
(3)
Contents.
(a) Each
tariff or schedule shall show prominently the name of the company, firm,
association or individual responsible, together with the name of any
independent agency filing the tariff or schedule and its, his, or her
address.
(b) Tariffs and schedules
shall show plainly all requisite detail fully to explain the basis of all
charges to be made and all rules and regulations governing the same. In the
case of tariffs or schedules filed by common carriers, this information shall
include that required by and customarily filed with the United States
Department of Transportation, Federal Energy Regulatory Commission, or the
Federal Aviation Administration, whichever is appropriate. Schedules relating
to gas, electric, and water companies shall show not only the price or unit
upon which based, but any and all meter rentals, service charges, basis for
determining demand, discounts, and other detail necessary for a complete
understanding of the charges contemplated.
(4)
Numbering and Effective
Date.
(a)
Tariffs and
Schedules. Each tariff or schedule shall be designated by an
individual number progressing from that last filed by the same party or in case
of a new series, from No. 1. The number shall be preceded by the letters
"M.D.P.U." Each shall show plainly, in a prominent place, the date issued and
date to become effective. When forwarding, sufficient time must be allowed to
cover transmission in order that tariffs and schedules may become effective on
date specified, which, in the case of common carriers, is 30 days after the
filing with the Department, and, in the case of gas, electric, and water
companies, is the first day of the month next after the expiration of 14 days
from the date of filing with the Department, M.G.L. c. 164, § 94; M.G.L.
c. 165, § 2.
(b)
Contracts. Each contract shall show the date of
execution and the effective date which shall be not earlier than 30 days after
the filing. Sufficient time must be allowed for transmittal.
