A. Format--Tariffs shall be in loose-leaf
form for binding in a stiff-backed book or books as required and consist of
parts or subdivisions arranged in order set forth as follows:
1. Title:
"TARIFF"
Applicable to
Kind of
SERVICE
NAME OF UTILITY
2. Table of Contents: a complete index of
numbers and titles of effective sheets listed in the order in which the tariff
sheets are arranged in the tariff book. Table of contents sheets shall bear
sheet numbers and be in the form set forth in Subsection
R746-405-2(C).
3. Preliminary statement: a brief description
of the territory served, types and classes or service rendered and general
conditions under which the service is rendered. Preliminary sheets shall bear
sheet numbers and be in the form set forth in Subsection
R746-405-2(C).
4. Service area maps: maps for
telecommunication utilities shall clearly indicate the boundaries of the
service area, the principal streets, other main identifying features therein,
the general location of the service area in relation to nearby cities, major
highways or other well-known reference points and the relation between service
area boundaries and map references. Service area maps shall be approximately
8-1/2 x 11 inches in size, or folded to that size in order to fit within the
borders of the space provided on tariff sheets. Maps for gas, water and
electric utilities shall clearly indicate the boundaries of the service area.
B. Tariff Books--
1. Utilities shall maintain their presently
effective tariff at each business office open to the public. Utilities with
public websites shall provide access to a searchable copy of the utility's
presently effective tariff.
2.
Utilities shall remove canceled tariff sheets from their currently effective
tariffs. Utilities shall permanently retain a file of canceled tariff
sheets.
C. Construction
of Tariffs for Filing--
1. The loose-leaf
sheets used in tariffs shall be of paper stock not less than 16 lb. bond or of
equal durability and 8-1/2 x 11 inches in size and electronically printed or
copied. Tariffs may not be hand-written. One side of a sheet only may be used
and a binding margin of at least 1-1/8 inches at the left of the sheet.
a. The tariff sheets of each utility shall
provide the following information:
i. the name
of the utility;
ii. the sheet, or
page number, along with information to designate whether it is the first
version of the sheet or whether the sheet has been revised since it was
originally issued. Sheets shall be numbered consecutively;
iii. the number of the advice letter with
which the sheet is submitted to the Commission or the docket number if the
sheet is filed in accordance with a report and order of the
Commission;
iv. information to
indicate the date the sheet was filed with the Commission and the date the
sheet became effective.
2. Tariffs shall include the following
information and as nearly as possible in the following order:
a. schedule number or other
designation;
b. class of service,
such as business or residential;
c.
character of applicability, such as heating, lighting or power, or individual
and party-line service;
d.
territory to which the tariff applies;
e. rates, in tabular form if
practicable;
f. special conditions,
limitations, qualifications and restrictions. The conditions shall be brief and
clearly worded to cover all special conditions of the rate. Amounts subject to
refund shall be specified.
3. If a rate schedule or a rule is carried
forward from one sheet to another, the word "Continued" shall be
shown.
D. Submission of
Tariff Sheets and Advice Letters--
1. Tariff
sheets shall be transmitted by an advice letter or in response to a Commission
order. A revised table of contents sheet shall be transmitted with each
proposed tariff change, if the change requires alteration of the table of
contents.
2. An original of each
advice letter and tariff sheet shall be filed with the commission, along with
the number of paper copies specified at
http://www.psc.utah.gov/filingrequirements.html.
In addition, each advice letter and tariff filing shall be presented as an
electronic word processing or spreadsheet document that is substantially the
same as the filed paper copy.
3.
Advice letters shall include the following:
a.
sheet numbers and titles of the tariff sheets being filed, together with the
sheet numbers of the sheets being canceled;
b. essential information as to the reasons
for the filing;
c. dates on which
the tariff sheets are proposed to become effective;
d. increases or decreases, more or less
restrictive conditions, or withdrawals;
e. in the case of an increase authorized by
the Commission, reference to the report and order authorizing the increase and
docket number;
f. if the filing
covers a new service not previously offered or rendered, an explanation of the
general effect of the filing, including a statement as to whether present rates
or charges will be affected, or service withdrawn from a previous user and
advice whether the proposed rates are cost-based;
g. a statement that the tariff sheets
proposed do not constitute a violation of state law or Commission rule. The
filing of proposed tariff sheets shall of itself constitute the representation
of the filing utility that it, in good faith, believes the proposed sheets or
revised sheets to be consistent with applicable statutes, rules and orders. The
Commission may, after hearing, impose sanctions for a violation
hereof.
4. If authorized
to file a notice that the effective tariff of a previous owner for the same
service area is being adopted, the notice of adoption shall be submitted in the
form of an advice letter.
5. Advice
letters shall be numbered annually and chronologically. The first two digits
represent the year followed by a hyphen and two or more digits, beginning with
01, as submitted by a utility for class of utility service rendered.
6. If a change is proposed on a tariff sheet,
both clean and marked-up versions of the tariff sheet shall be included as part
of the advice letter filing. The marked-up version of the proposed revised
tariff sheet shall indicate deleted text by strike-through and additional text
by underline.
7. At the time of
making a tariff filing with the Commission, the utility shall furnish a copy of
the advice letter and a copy of each related tariff sheet to:
c. interested parties having requested
notification.
8. If the
suspension is lifted by order of the Commission, the filing shall be
resubmitted under a new advice letter number. If the suspension is made
permanent by the Commission, the advice letter number shall not be used
again.
E. Approval of
Filed Tariff Sheets--
1. Utility tariffs may
not increase rates, charges or conditions, change classifications which result
in increases in rates and charges or make changes which result in lesser
service or more restrictive conditions at the same rate or charge, unless a
showing has been made before and a finding has been made by the Commission that
the increases or changes are justified. This requirement does not apply to
electrical or telephone cooperatives in compliance with Section
54-7-12(6), or by
telecommunications utilities with less than 5,000 subscribers access lines in
compliance with Section 54- 7-12(7).
2. New tariff sheets covering a service or
commodity not previously furnished or supplied, or revised tariff sheets, not
increasing, or increasing pursuant to Commission order, a rate, toll, rental or
charge, may be filed by the advice letter. Tariff sheets, unless otherwise
authorized by the Commission either on complaint or on its own motion, shall
become effective after not less than 30 calendar days after the filed
date.
3. Upon application in the
advice letter and for good cause shown, the Commission may authorize tariff
sheets to become effective on a day before the end of the 30 day notice
period.
4.
a. The Commission may reject, suspend, alter,
or modify the effectiveness of tariff sheets that do not conform to these
rules, which have alterations on the face thereof or contain errors, or for
other reasons as the Commission determines.
b. Any party recommending that the Commission
reject, suspend, alter, or modify the effectiveness of tariff sheets shall file
its request no later than 15 calendar days after the date the tariff sheets
were filed with the Commission.
c.
The Commission shall notify the utility of its action by a letter stating the
reasons for the action.
d. Rejected
tariff sheets shall be retained in the utility's file of canceled and
superseded sheets.
e. Advice letter
numbers of rejected filings shall not be reused.
F. Public Inspection of Tariffs--
1. Utilities shall maintain, open for public
inspection at their main office, a copy of the complete tariff and advice
letters filed with the Commission. Utilities shall maintain, open for public
inspection, copies of their effective tariffs applicable within the territories
served by the offices.
2. Utilities
shall post in a conspicuous place in their major manned business office, a
notice to the effect that copies of the schedule of applicable rates in the
territory are on file and may be inspected by anyone desiring to do
so.
G. Contracts
Authorized by Tariff--Tariff sheets expressly providing that a written contract
shall be executed by a customer as a condition to the receipt of service,
relating either to the quantity or duration of service or the installation of
equipment, the contract need not be filed with the Commission. A copy of the
general form of contract to be used in each case shall be filed with the tariff
as provided in these rules.
This contract shall be subject to changes or modifications by
the Commission.