West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-01 - Rules of Practice and Procedure
Section 150-1-4 - Filings and Service of Filings
Universal Citation: 150 WV Code of State Rules 150-1-4
Current through Register Vol. XLI, No. 13, March 29, 2024
4.1. Filings.
4.1.1. The Executive Secretary shall stamp
with the date of receipt all communications addressed to the Commission and
file all petitions, applications, answers, pleadings, reports, exhibits,
depositions, transcripts, orders and other papers or documents.
4.1.2. All papers, of whatever character,
offered for filing in any case shall show the title and style of the case and
the docket number. The Executive Secretary is not required to file unidentified
papers.
4.1.3. All papers, other
than complaints and engineering plans and specifications, offered for filing in
any case shall include an original and twelve (12) copies. One of the twelve
(12) copies shall be filed unbound (or bound only with paper clips or binder
clips to facilitate document scanning.) The foregoing requirement applies to
discovery requests. A party shall file one copy of its engineering plans and
specifications. A party shall file only the original complaint. A pro se
complainant shall file only originals of any paper filed in a case. A party may
make filings by facsimile provided that the faxed document is addressed to the
Executive Secretary, does not exceed 20 pages, includes a certificate that the
filer mailed the original to the Executive Secretary on the same day that the
facsimile was sent and that the filer faxed the filing at the same time to all
other parties in the case, if possible. The original mailed to the Executive
Secretary must be accompanied by the requisite number of copies. The filing
party must comply with all other notice and service requirements. A party may
obtain a date-stamped copy of its filing by a request which includes an
additional copy of the filing along with a stamped, self-addressed
envelope.
4.1.4. A party or an
entity seeking party status, that is not a corporation or limited liability
company, including foreign and professional limited liability companies, may
make any filings with the Commission by either a duly authorized person or by
an attorney at law. A party or entity seeking party status that is a
corporation or limited liability company, may file preliminary filings by
either a duly authorized person or an attorney at law. A party or entity
seeking party status that is a corporation or limited liability company making
filings that are not preliminary filings must do so by an attorney at law.
Professionals other than attorneys, retained by a party or an entity seeking
party status, may not file pleadings with the Commission but may file responses
to data requests, unless the party is represented by an attorney, in which case
all filings shall be made by the attorney.
4.1.4.a. For purposes of this rule, the
following definitions apply:
(1) the term "a
party or an entity seeking party status" is defined as an individual,
partnership, association, cooperative, limited liability company, including a
foreign or a professional limited liability company, or corporation;
(2) the term "attorney at law" includes
attorneys admitted to practice before the Courts of this State, before the
Courts of last resort of other states, or before the Supreme Court of the
United States; provided that attorneys filing pleadings before the Commission
who are not licensed to practice in West Virginia shall have sought and
obtained permission to practice before the Commission for each proceeding in
which they participate in compliance with Rule 8.0 of the Rules for Admission
to the Practice of Law of the State of West Virginia;
(3) the term "preliminary filings" includes
pre-filings, petitions, applications, complaints, and answers;
(4) the term "duly authorized person" is
defined as the individual when an individual is a party or seeks party status,
a partner in a partnership, the president of an association, or cooperative, or
the chairman of the board, chief executive officer, or general manager of a
corporation, or other entity.
4.1.5. The Executive Secretary will
electronically scan all filings for posting on the Commission's web docket for
public viewing, except for confidential information or information that should
not be scanned as directed by the Commission. If a filer believes that a filing
contains sensitive or confidential information, then the filer shall make two
separate filings, one of which shall be redacted, and the other shall be
un-redacted and filed under seal.
4.1.6. All filings of information under seal
shall include an original and 2 copies in a sealed envelope, with a cover
letter attached to the outside of the sealed envelope generally identifying the
sealed information and stating that the filer intends to file the enclosed
information under seal. All such filings must be accompanied by a statement
that the filer will file its motion for protective treatment within one
week.
4.1.7. Voluminous filings of
300 or more pages shall include a copy on electronic media of documents in PDF
file format and an electronic version of any spreadsheet or data file exhibits.
The filings should be broken into individual PDF documents, each with a
specific file name, with a file size of no more than 200 megabytes. An index
should be provided on the cover letter stating the full path with filename and
description for each file. A copy of the cover letter should also be provided
on the electronic media. At this time acceptable electronic media includes
CD-Rom and DVD-Rom.
4.1.8. Filings
containing color maps, other colored documents, or documents larger than 8.5"
by 11" shall be filed in PDF file format.
4.2. Reserved for Electronic Filing Rules.
4.3. Service of Filings.
4.3.1. At the same time that a party makes a
filing with the Executive Secretary of the Commission, the party shall serve a
copy of the filing on the attorney for each party, or on the party him or
herself if not represented by an attorney, by email, if a party has provided an
email address for purposes of service, or first class mail. The filing party
shall certify to the Executive Secretary that service has been made.
4.3.2. A party filing an answer, request for
amendment, motion, response or reply to a filing made under the previous
subsection, or to a Staff memorandum shall certify to the Executive Secretary
that the filing party has served a copy on all other parties to a
proceeding.
4.3.3. Except for
formal complaint cases filed by utility customers, the Executive Secretary
shall make a service list for all docketed cases available on the Commission's
web docket. The service lists shall provide names, mailing addresses, email
addresses, if provided by a party for purposes of service, but shall not
include telephone numbers. To obtain a service list in a customer formal
complaint case, parties or petitioners may send an electronic mail containing
the case number to caseinfo@psc.state.wv.us.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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