Current through Register Vol. XLI, No. 13, March 29, 2024
2.1. Procedure to be followed by electric
cooperatives, natural gas cooperatives, telephone
cooperatives and municipalities for changing utility rates:
(a) All rates and charges set by electric
cooperatives, natural gas cooperatives, telephone
cooperatives and municipally operated public utilities shall be just,
reasonable, applied without unjust discrimination or preference and based
primarily on the costs of providing these services.
(b) All such utility rates and charges are to
be on file with the Commission at all times.
(c)
Following the adoption of
rates^ the utility must provide its customers with notice of the proposed rate
change in order to allow the filing of timely objections to such rate changes
with the Commission. The utility shall choose one of the following three
methods to provide- such service:
(1)
Notice of the proposed rate
change may be specified on the monthly billing statement of the customers, of
such utility. The notice must conform _with Municipal Rate Change Form No. 1,
or Cooperative Rate Change Form No. 1, attached to these rules. ...The notice
must be provided to all customers within five (5) days after the adoption of
the ordinance or resolution approving said rate change.
(2)
Notice of the proposed rate
change may be provided to all-customers by First Class Mail, within five (5)
days after the adoption of the municipal ordinance or'
resolution approving said rate change. The notice must conform with
Municipal - -Rate Change Form No. .1, or Cooperative Rate Change Form No. 1,
attached to these rules.
(3)
Notice of the proposed rate
change may be provided by causing to be published, within five (5) days after
the adoption of the ordinance or resolution approving said rate change, in a
qualified newspaper of general circulation in the service area of the utility
the following:
(i)
a press release that announces the adoption of the proposed rate change and
contains the substance of Municipal Rate Change Form No.1 or Cooperative Rate
Change Form No. 1; and,
(ii)
a Class II Legal
Advertisement that conforms
with
Municipal Rate Change Form No. 1, or
Cooperative
Rate
Change Form No. 1.
The
first publication must occur
with five (5) days after
adoption of the rate change.
(4)
In addition to providing
notice by one of the foregoing methods, the utility must also post notice of
the proposed rate change in a conspicuous place at the utility's business
premises beginning at least five (5) days prior to the .meeting where the rate
change is proposed to be adopted and continuing through the thirty (3 0) day
appeal period provided by West Virginia Code § 24-2-4 b. The posted notice
must conform with Municipal Rate Change Form No.1 or Cooperative Rate Change
Form No. 1.
(d) All changes in electric cooperative,
natural gas cooperative, telephone cooperative or
municipal utility rates and charges are to be accomplished by the adoption of a
legally valid governing board resolution or municipal ordinance, in accordance
with the provisions of 8-11-4, 8-20-10, 16-13-16 or any other applicable West
Virginia Code provision, or by a provision of a municipal or cooperative
charter, whichever is appropriate in the particular case.
(e) The utility is to set the date when such
a resolution or municipal ordinance shall take effect; however, in no event
shall the resolution or ordinance be effective sooner than forty-five (45) days
after adoption.
(f) Within
five (5)_ days after the.. adoption of a resolution or
ordinance changing a utility rate or charge, the electric cooperative,
telephone cooperative or municipality shall file with the Secretary of the
Public Service Commission:
(1) the new rates
or charges;
(2) the applicable
resolution or ordinance;
(3) the
justification for such resolution or ordinance, including, but not limited to a
proforma income statement showing the cost of providing service and revenues to
be generated by the new rates or charges;
(4)
an affidavit of publication
of the utility's legal publication made pursuant to West Virginia Code
§§8-11-4, 8-20-10, 16-13-16 or any other applicable West Virginia
Code provision which were made prior to adoption of the proposed
rates;
(5)
documentation reflecting the notice of intent to effect a rate
change provided by the utility to its .. customers,
members and/or stockholders pursuant to § 24-2-4 b of the West Virginia
Code and §150.10-2.1(0) of the Rule, If the notice was provided by
newspaper publication, the utility must, within twnety (20) days after adoption
of the rate change, file a verification that a press release was published and
an affidavit of ..publication of the legal notice; and,
(6) the correct number of customers served by
the utility, as determined by the number of bills rendered in the billing cycle
last completed before the adoption of the resolution or ordinance. A Rule 42
exhibit is not required to be filed by the utility in cases subject to this
rule..
(g) Electric
cooperatives, natural gas cooperatives, telephone cooperatives and municipal
utilities shall promptly provide information about the correct number of
customers, members or stockholders to any such customer, member or stockholder
requesting this information.
2.2. Procedure to be followed by the
customers, members or stockholders of such utilities who wish to protest
changes in their utility rates and charges:
(a) Pursuant to § 24-2-4 b of the West
Virginia Code the following customer (s) , member (s) or stockholder (s) may
protest to the Commission, changes in the utility's rates and charges:
(1) Any customer, member or stockholder
aggrieved by the changed rates or charges who presents to the Commission a
petition signed by not less than twenty-five percent (25%) of the customers,
members or stockholders residing within the state, served by such public
utility; or
(2) Any customer who is
served by a municipally operated public utility and who resides outside the
corporate limits and who is affected by the change in said rates or charges and
who presents to the Commission a petition alleging discrimination between
customers within and without the municipal boundaries. Such petition shall e
accompanied by evidence of discrimination; or
(3) Any customers or group of customers who
are affected by said change in rates who reside within the municipal boundaries
and who present a petition to the Commission alleging discrimination between
said customers or group of customers and other customers of the municipal
utility. Said petition shall be accompanied by evidence of discrimination.
(b) Whenever used in
Chapter 24 of the Code or this Rule, the term "Customer* shall mean and include
any person, firm, corporation, municipality, public service district or any
other entity who purchases a product or services of any utility and shall
include any such person, firm, corporation, municipality, public service
district or any other entity who purchases such services or products for
resale.
(1) This definition refers to
customers of record with the utility and cannot be broadened to include all
residents of a municipality or those who may be ultimate consumers of the
product.
(2) The spouse of a
customer of record may sign a petition for the customer of record, but if both
parties sign they are to be treated as one customer.
(c) Any protest by a customer(s), member(s)
or stockholder(s) must be filed with the Commission within thirty (30) days of
the, adoption of the governing board resolution or municipal ordinance changing
said rates and/or charges.
2.3 Procedure to be followed upon review by
the Commission when a petition of protest is filed:
(a) Upon the filing with the Commission of a
petition which protests a changed rate or charge by a electric cooperative,
natural gas cooperative telephone cooperative or
municipal utility and which meets the requirements of Section 2.2(a)(1) above,
the Commission will exercise its jurisdiction over the resolution
or ordinance changing such rate or charge, and shall suspend. the
effective date of the resolution or ordinance changing such rate or
charge. Such rate or charge shall be automatically
suspended for a period of one hundred twenty (120) days from the date said
rates or charges would otherwise go into effect, or until an order is issued as
provided in Section 2.4(b), below.
(b) Upon sufficient showing of discrimination
by any customer who resides outside the municipal boundaries, or by a customer
or group of customers who reside within the municipal boundaries, under a
petition filed under Section 2.2(a)(2) or Section 2,2(a)(3) above, the
Commission will exercise its jurisdiction over the ..resolution or
ordinance changing such rate or charge, and shall suspend the
effective date of the resolution or ordinance changing such rate or charge for
a period of one hundred twenty (120) days from the date said rates or charges
would otherwise go into effect or until an order is issued as provided in
Section 2.4(b), below.
(c) The
Commission shall notify the affected cooperative or municipality by certified
mail, return receipt requested, that it has assumed jurisdiction over the case,
and that the rate are suspended, and it shall furnish a copy of the applicable
petition to the utility.
(d) If any
electric cooperative, natural gas cooperative, telephone cooperative or
municipality objects to the filing of the petition, it must do so by
challenging the validity of the petition. Such challenge should be filed within
fifteen days after receipt by the utility of notice that the Commission has
assumed jurisdiction. The utility should be prepared to go forward with its
evidence on the issue of jurisdiction within thirty (30) days of the filing of
the appeal.
These time limits are expected to be sufficient to allow
proper preparation of each case. If, for whatever reason, a cooperative or
municipality wishes to file - a challenge at a later date, " the Administrative
Law Judge shall have the discretion to approve such request upon the showing of
good cause.
2.4
Procedure for the disposition of cases over which
Commission jurisdiction .is exercised.
(a) At such time as Commission jurisdiction
is exercised in a case involving .a rate change by a
cooperative or a municipal utility, the Commission shall appoint an
Administrative Law Judge from its staff to review the grievances raised by the
petitioners.
(b) Said
Administrative Law Judge shall conduct a public hearing, and shall, within 100
days from the date the said rates or charges would otherwise go into effect,
unless otherwise tolled as provided in Section 2.5, issue an order approving,
disapproving or modifying in whole in part, the rates or charges at
issue.
(c) In addition to this
rule, all relevant rules and regulations of the .Commission shall apply to such
cases.
(d) The burden of proving
the reasonableness of rate changes shall be on the utility and the utility is
free to file with the Commission any information it desires to support a change
in the rates. The Administrative Law Judge in each case shall direct when all
such information is to be filed.
(e) The Commission staff shall in all cases
conduct an investigation of the cooperative or municipal utility submit an
audit report and cash-flow analysis to the Administrative Law Judge at such
time as requested by the judge.
(f)
In order to facilitate the timely disposition of such cases, the following
timetable is suggested to be followed by the utilities involved .and the
Commission staff; however, the judge in such cases shall be free -to establish
any reasonable timetable:
Day 1 - Petition filed.
Day 15 - Any challenge by the utility to the validity of the
petition should be received by the Commission.
Day 30 - The utility should be prepared to go forward on the
issue of the challenge to the appeal.
Day 63 - The staff must file its requried reports.
Day 70 - Public .hearing is to be held.
2.5. It is expected that electric
cooperatives,
natural gas
cooperative, telephone cooperatives and municipalities will .
cooperate with the Commission as much as possible in cases where customers,
members or stockholders protest a utility rate change. In circumstances in
which a cooperative or a municipality does not file with the Commission any of
the information required below, the Commission may toll the running of the one
hundred twenty (12-0) day suspension period and the one hundred (100) day
period limitation for issuance of an order by a Administrative Law Judge until
such time as the cooperative or municipality files the required information
with the Secretary of the Public Service Commission the information
required by Section 2.1(f)(l)-(6) and such other information as
the Commission deems necessary.
Municipal Hate Change Form No. 1
PUBLIC NOTICE OF CHANGE IN RATES BY
MUNICIPALITIES
NOTICE is hereby given
that____________________________,
a public
utility, has adopted by ordinance
on________________________, a
tariff
containing increased rates., tolls and charges
for furnishing
_________________________service
to________________________customers
at___________ in the Count(ies)
of_________________________
The proposed increased rates,. _ and charges will
become effective
_________________unless otherwise ordered by the
Public Service
Commission and will produce approximately
$annually
in additional .revenue, .an _increase_
of_
%. The average monthly
bill for the various classes of 7 customers will
be changed as follows:
|
($)INCREASE
|
INCREASE (%)
|
|
Residential
|
$ - - -
|
%
|
|
Commercial
|
$ ...
|
%
|
|
Industrial
|
$
|
... %
|
|
Resale
|
$
|
%
|
|
Other
|
$
|
%
|
The increases shown are based, on averages of all
customers in the indicated class. Individual customers may receive increases
that are greater or less than average. Furthermore, the requested rates and
charges are only a proposal and are subject to change (increases or decreases)
by the Public Service Commission in its review of this filing. The Commission
shall review, .and .approve or modify the increased rates only upon the filing
of a.petition within thirty (30) days of the adoption, of the ordinance
changing said rates or charges, by:
(1)
Any customer aggrieved by the
changed rates or charges who presents to the Commission a petition signed by
not less, than twenty-five percent of the customers served by such municipally
operated public utility; or
(2)
Any customer who is served by
a municipally operated public utility and who resides outside the corporate
limits and who is affected by the change in said rates or charges and who
presents to the Commission a petition alleging discrimination between customers
within and without the municipal boundaries. Said petition shall be accompanied
by evidence of discrimination; or
(3)
Any customer or group of
customers who are affected by said change in rates- who reside within the
municipal boundaries and who present a petition to the Commission alleging
discrimination between said customer of group of customers and other customers
of the municipal utility. Said petition shall "be accompanied by evidence of
discrimination
All petitions should be addressed to The
Executive Secretary, Public Service Commission of West Virginia, 2 01 Brooks
Street^ P.O. Box 812, Charleston, West Virginia 25323.
A complete copy of the proposed rates, as well as
. a representative of the Company to provide any information requested
concerning it, is available to all customers, prospective customers or their
agents at any of the following offices of the Company.
(List with each publication, only those offices
applicable)
A copy of the proposed rates is available for
public inspection at the Office of the Secretary of the PUBLIC SERVICE
COMMISSION at 2 01 Brooks Street, Charleston, West
Virginia.
Cooperative Rate Change Form No.
1
PUBLIC NOTICE OF CHANGE IN RATES BY
ELECTRIC COOPERATIVE, NATURAL GAS COOPERATIVE, AND TELEPHONE
COOPERATIVE
NOTICE is hereby given that________________, a
public utility, has adopted by Board resolution on
a tariff containing increased rates, tolls and
charges for furnishing_________________________service
to________________________customers
at__________________in the County (ies)
of __________________
The proposed increased rates and charges will
become effective_____________________unless otherwise ordered by the Public
Service
Commission and will produce approximately
$__________________annually
in additional revenue, an increase
of__________%. The average monthly
bill for the various classes of customers will
.be changed as follows:
|
($)
INCREASE
|
INCREASE (%)
|
|
Residential
|
$________
|
%________
|
|
Commercial
|
$________
|
%________
|
|
Industrial
|
$________
|
%________
|
|
Resale
|
$________
|
%________
|
|
Other
|
$________
|
%________
|
The increases shown are based on averages of all
customers in the indicated class. Individual customers may receive increases
that are greater or less than average. Furthermore, the., requested rates and
charges are only a proposal and are subject to change (increases or decreases)
by the Public Service Commission in its review of this filing. The Commission
shall review and approve or modify the increased rates only upon the filing of
a. petition within thirty (30) days of the adoption of the resolution changing
said rates or charges, by any customer aggrieved "by" "the" "changed rates, or
charges who presents to the Commission a petition signed by twenty-five percent
of the membership of the electric, natural gas, or telephone cooperative
residing within the state.
All petitions should be addressed to The
Executive Secretary, Public Service Commission of West Virginia, 2 01 Brooks
street, P.O. Box 812, Charleston, West Virginia 25323.
A complete copy of the proposed rates, as well as
a representative the cooperative to provide any information
requested
concerning It, is available to all customers,
prospective customers or their agents at any of the following offices of the
cooperative.
(List with each publication only those offices
applicable)
A copy of the proposed rates is available for
public inspection at the Office-of the Secretary of the PUBLIC SERVICE
COMMISSION at 201 Brooks Street, Charleston, West
Virginia.
