Current through Reg. 49, No. 12; March 22, 2024
(a) Filing
requirements for all tariffs. Each gas utility shall file with the Commission
through the Commission's web site using an electronic format as prescribed by
the Commission and the instructions contained in the Electronic Data
Interchange (EDI) manual on the Commission's web site a tariff complying with
minimum requirements as defined in subsections (c) and (d) of this section for
all rates which are within the original or appellate jurisdiction of the
Commission and which are currently in force for any gas utility service,
product, or commodity. If the rate charged is based on a formula or requires a
calculation to determine the unit rate to be charged, the utility shall, in the
tariff filing, identify and report all components used in the calculation of
the unit rate, including each component of the cost of gas. Each utility
providing gas distribution system service or sales shall file, as part of the
rates, copies of all rules and regulations relating to or affecting rates,
utility service, products, or commodities furnished by the gas utility.
Electronic filing instructions may be obtained on the Gas Services page of the
Commission's web site.
(b) Filing
requirements for changes in rates or services. Whenever there is a change in
any of the matters required to be filed by subsection (a) of this section, the
utility shall file revised tariffs containing the minimum requirements as
defined in subsections (c) and (d) of this section. If the rate charged is
adjusted pursuant to an escalation provision or formula, the utility shall file
an amended tariff that shows the current rate charged, including the unit of
measure and the effective date. The utility shall file revised tariffs with Gas
Services within 30 days of the effective date of the change.
(c) Contents of tariffs. Each tariff filed at
the Commission shall contain the following:
(1) the utility name;
(2) the full name of the customer or city,
area, or environs that will be affected by the tariff. If the utility is
requesting confidentiality for customer names, the utility shall report only
the customer identification number assigned by Gas Services . If a utility does
not already have a customer identification number for a tariff, the utility
shall notify Gas Services prior to filing the tariff. Gas Services shall assign
a customer identification number or numbers and shall notify the utility of the
assigned customer identification number or numbers prior to the utility filing
the tariff;
(3) the utility
contract number or rate schedule number;
(4) a list of the services the utility
provides under the tariff. Service includes but is not limited to residential
sales, commercial sales, industrial sales, sales to public authority, electric
generation sales, gathering, transportation, compression, exchange, underground
storage, sales for resale, city gate sales, and other. If the utility
identifies the type of service as "other," the utility shall describe the
service or services it offers under the tariff;
(5) the effective date of the rate schedule
(GSD-1) or the effective date of the original contract or agreement
(GSD-2);
(6) the effective date of
the most recent amendment to the contract, rate schedule, or
agreement;
(7) the current rate.
The utility shall state the billing unit (such as Mcf, MMBtu, Cf, etc.); shall
list all charges that may apply under the contract or agreement; shall describe
all components used in the calculation of the current rate including but not
limited to standby charges, reservation fees, imbalance provisions and charges,
penalties, treating provisions, taxes, pooling fees, etc.; and shall state the
effective date. A statement on the rate schedule that a particular rate
includes certain provisions, without restating all the details or contingencies
of the contract, is sufficient. If the rate the utility charges is based on a
formula or requires a calculation to determine the unit rate to be charged, the
utility shall identify in the tariff all components used in the calculation of
the unit rate, including each component of the cost of gas;
(8) all rate adjustment provisions;
(9) the reason or reasons for filing. The
utility shall state whether the filing:
(A)
commemorates a new contract or agreement;
(B) is made in compliance with a Commission
order, in which case the filing shall include the Commission docket
number;
(C) is made in compliance
with a city ordinance, in which case the filing shall include the city
ordinance number or reference;
(D)
amends an existing tariff; or
(E)
is made for any other reason, in which case the utility shall provide an
explanation; and
(10)
the names, titles, addresses, telephone numbers and, if available, the
electronic mail addresses of all persons who will respond to inquiries
regarding tariff provisions.
(d) Additional requirements for specific
types of tariffs. In addition to the information required by subsection (a) of
this section, the utility shall also provide the following information, as
applicable:
(1) For a gas utility
distribution system service or sale, the utility shall file on GSD-1:
(A) all rate schedules. The utility shall
include on these schedules the base rates and all adjustments to the base
rates, including but not limited to late payment charges, gas cost adjustments,
purchased gas adjustments, prompt payment provisions, franchise fees,
authorized rate case expense surcharges, and weather normalization adjustments.
The utility shall file every rate schedule applicable to the service area as
part of the tariff, including any seasonal rates or special rates;
and
(B) the current service charges
in the city, environs, or other area affected by the tariff filing, in
sufficient detail to enable customers to determine the applicability of each
service charge. The utility shall include all service charges that may be
assessed in the city, environs, or other area affected by the tariff filing,
including, but not limited to, residential customer deposits, line extension
policies and charges, meter testing charges, return check charges, initial
connection charges, and reconnection charges.
(2) For transportation and exchange service
or rates, the utility shall file on GSD-2:
(A) the customer name or customer
identification number assigned by Gas Services for which the utility is
delivering gas;
(B) the contractual
point or points of redelivery or customer identification number as established
by Gas Services ;
(C) the
information required by paragraph (4) of this subsection, if
applicable;
(3) For
utility service or sales, other than distribution system service or sales
described in subsection (c) of this section, or for transportation and exchange
service or rates, the utility shall file on GSD-2:
(A) the term of the contract. The utility
shall provide the term specified in the contract. If the contract continues
until canceled by either party, the utility may state that the contract is
"evergreen" or other similar language as appropriate;
(B) the contractual point or points of
redelivery or customer identification number as established by Gas Services ;
and
(C) the information required by
paragraph (4) of this subsection, if applicable.
(4) For a tariff reflecting a transaction
described in Texas Utilities Code, §
RSA
104.003<subdiv>(b)</subdiv>, the
utility shall:
(A) indicate which facts
support the applicability of Texas Utilities Code, §
RSA
104.003<subdiv>(b)</subdiv>, to
the transaction;
(B) indicate
whether the transaction is between affiliates; and
(C) affirm that a true and correct copy of
the tariff has been delivered to the customer simultaneously with delivery to
the Commission and that the transaction is not a direct sale for resale to a
gas distribution utility at a city gate.
(e) Compliance. Each tariff filing shall be
subject to review by Gas Services . If Gas Services takes no action on a tariff
filing on or before the 30th day after the filing is filed, the tariff is
deemed accepted. If a tariff filing is deficient, Gas Services will notify the
utility of the item or items that must be corrected. The utility shall have a
reasonable time, not less than 30 days, from the date of Gas Services' notice
of deficiency to make the required corrections and re-file the tariff. At the
written request of the utility, Gas Services may accept a rejected tariff as a
statement of intent under Texas Utilities Code, §
RSA
104.102. Gas Services may docket a tariff or
rate schedule filing on its own motion under Texas Utilities Code, §
RSA
104.151, in circumstances that include but
are not limited to a utility filing a tariff for an initial rate which on its
face is not just and reasonable; filing a tariff for higher environs rates
based on city rates without filing a statement of intent to increase rates for
the environs; filing a tariff to increase a city gate rate without filing a
statement of intent; or filing tariffs containing provisions other than rates
that have substantive service rule changes that have not been
reviewed.
(f) Electronic format.
Each utility shall comply with this section by filing or refiling all current
tariffs with the Commission through the Commission's web site using an
electronic format as prescribed by the Commission and the instructions
available on the Commission's web site.
The Commission shall not grant exemptions from the
requirement that utilities shall file their tariffs in electronic format.
Temporary or technical problems with the Commission's web site or with the
Internet that prevent a utility from making a timely electronic filing shall
not constitute the utility's failure to comply with this
section.