No. 37447 (Amendment): Rule R746-405. Filing of Tariffs for Gas, Electric, Telephone, and Water Utilities

(Amendment)

DAR File No.: 37447
Filed: 03/27/2013 10:51:55 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change is intended to provide more clarity and transparency to the process for all tariff filings. The proposed changes already exist in statute (Utah Code Section 54-7-12.8) for demand side management tariff filings, and this change will apply those processes to all tariffs.

Summary of the rule or change:

The changes: require a tariff filing with the Public Service Commission to be furnished to the Division of Public Utilities and the Office of Consumer Services; and require any party recommending that the Commission reject, suspend, alter, or modify a tariff to request that action within 15 calendar days after the tariff is filed.

State statutory or constitutional authorization for this rule:

• Section 54-3-4
• Section 54-3-2
• Section 54-3-3
• Section 54-4-4
• Section 54-4-1
• Section 54-7-12.8
• Section 54-7-12

Anticipated cost or savings to:

the state budget:

This filing codifies practices that generally exist for tariff filings, and should not impact the operations of any state agencies. To the extent that this filing clarifies existing procedures, an unquantifiable cost savings might result.

local governments:

This filing codifies practices that generally exist for tariff filings, and should not impact the operations of local government. To the extent that this filing clarifies existing procedures, an unquantifiable cost savings might result.

small businesses:

This filing codifies practices that generally exist for tariff filings, and should not impact the operations of any small business, business, or local governmental entity. To the extent that this filing clarifies existing procedures, an unquantifiable cost savings might result.

persons other than small businesses, businesses, or local governmental entities:

This filing codifies practices that generally exist for tariff filings, and should not impact the operations of any small business, business, or local governmental entity. To the extent that this filing clarifies existing procedures, an unquantifiable cost savings might result.

Compliance costs for affected persons:

This filing codifies practices that generally exist for tariff filings, and should not impact the operations of any affected person. To the extent that this filing clarifies existing procedures, an unquantifiable cost savings might result.

Comments by the department head on the fiscal impact the rule may have on businesses:

This filing provides additional clarification and transparency to the existing tariff process. No fiscal impact should result other than a potential unquantifiable cost savings as a result of the additional clarity this rule change provides.

Ron Allen, Commission Chairman

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]
• David Clark at the above address, by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/15/2013

This rule may become effective on:

05/22/2013

Authorized by:

David Clark, Legal Counsel

RULE TEXT

R746. Public Service Commission,Administration.

R746-405. Filing of Tariffs for Gas,Electric, Telephone, and Water Utilities.

R746-405-2. Format and Construction ofTariffs.

A. Format--Tariffs shall be in loose-leafform for binding in a stiff-backed book or books as required andconsist of parts or subdivisions arranged in order set forth asfollows:

1. Title:

"TARIFF"

Applicable to

Kind of

SERVICE

NAME OF UTILITY

2. Table of Contents: a complete index ofnumbers and titles of effective sheets listed in the order in whichthe tariff sheets are arranged in the tariff book. Table ofcontents sheets shall bear sheet numbers and be in the form setforth in Subsection R746-405-2(C).

3. Preliminary statement: a briefdescription of the territory served, types and classes or servicerendered and general conditions under which the service isrendered. Preliminary sheets shall bear sheet numbers and be in theform set forth in Subsection R746-405-2(C). The preliminarystatement shall clearly define the symbols used in the tariffs. Forexample:

a. "C" to signify changedlisting, rule or condition which may affect rates or charges;

b. "D" to signify discontinuedmaterial, including listing, rate, rule or condition;

c. "I" to signify increase;

d. "L" to signify materialrelocated from or to another part of the tariff schedules with nochange in text, rate, rule or condition;

e. "N" to signify new materialincluding listing, rate, rule or condition;

f. "R" to signify reduction;

g. "T" to signify change inwording of text but no change in rate, rule or condition.

4. Service area maps: maps fortelecommunication utilities shall clearly indicate the boundariesof the service area, the principal streets, other main identifyingfeatures therein, the general location of the service area inrelation to nearby cities, major highways or other well-knownreference points and the relation between service area boundariesand map references. Service area maps shall be approximately 8-1/2x 11 inches in size, or folded to that size in order to fit withinthe borders of the space provided on tariff sheets. Maps for gas,water and electric utilities shall clearly indicate the boundariesof the service area.

B. Tariff Books--

1. Utilities shall constantly maintaintheir presently effective tariff at each business office open tothe public.

2. Utilities shall remove canceled tariffsheets from their currently effective tariffs. Utilities shallpermanently retain a file of canceled tariff sheets.

C. Construction of Tariffs forFiling--

1. The loose-leaf sheets used in tariffsshall be of paper stock not less than 16 lb. bond or of equaldurability and 8-1/2 x 11 inches in size. Tariffs may be printed,typewritten or mimeographed or other similar process. Tariffs maynot be hand-written. One side of a sheet only may be used and abinding margin of at least 1-1/8 inches at the left of thesheet.

a. The tariff sheets of each utility shallprovide the following information:

i. the name of the utility;

ii. the sheet, or page number, along withinformation to designate whether it is the first version of thesheet or whether the sheet has been revised since it was originallyissued. Sheets shall be numbered consecutively;

iii. the number of the advice letter withwhich the sheet is submitted to the Commission or the docket numberif the sheet is filed in accordance with a report and order of theCommission;

iv. information to indicate the date thesheet was filed with the Commission and the date the sheet becameeffective.

2. Tariffs shall include the followinginformation and as nearly as possible in the following order:

a. schedule number or otherdesignation;

b. class of service, such as business orresidential;

c. character of applicability, such asheating, lighting or power, or individual and party-lineservice;

d. territory to which the tariffapplies;

e. rates, in tabular form ifpracticable;

f. special conditions, limitations,qualifications and restrictions. The conditions shall be brief andclearly worded to cover all special conditions of the rate. Amountssubject to refund shall be specified.

3. If a rate schedule or a rule is carriedforward from one sheet to another, the word "Continued"shall be shown.

D. Submission of Tariff Sheets and AdviceLetters--

1. Tariff sheets shall be transmitted byan advice letter or in response to a Commission order. A revisedtable of contents sheet shall be transmitted with each proposedtariff change, if the change requires alteration of the table ofcontents.

2. An original of each advice letter andtariff sheet shall be filed with the commission, along with thenumber of paper copies specified athttp://www.psc.utah.gov/filingrequirements.html. In addition, eachadvice letter and tariff filing shall be presented as an electronicword processing or spreadsheet document that is substantially thesame as the filed paper copy.

3. Advice letters shall include thefollowing:

a. sheet numbers and titles of the tariffsheets being filed, together with the sheet numbers of the sheetsbeing canceled;

b. essential information as to the reasonsfor the filing;

c. dates on which the tariff sheets areproposed to become effective;

d. increases or decreases, more or lessrestrictive conditions, or withdrawals;

e. in the case of an increase authorizedby the Commission, reference to the report and order authorizingthe increase and docket number;

f. if the filing covers a new service notpreviously offered or rendered, an explanation of the generaleffect of the filing, including a statement as to whether presentrates or charges will be affected, or service withdrawn from aprevious user and advice whether the proposed rates arecost-based;

g. a statement that the tariff sheetsproposed do not constitute a violation of state law or Commissionrule. The filing of proposed tariff sheets shall of itselfconstitute the representation of the filing utility that it, ingood faith, believes the proposed sheets or revised sheets to beconsistent with applicable statutes, rules and orders. TheCommission may, after hearing, impose sanctions for a violationhereof.

4. If authorized to file a notice that theeffective tariff of a previous owner for the same service area isbeing adopted, the notice of adoption shall be submitted in theform of an advice letter.

5. Advice letters shall be numberedannually and chronologically. The first two digits represent theyear followed by a hyphen and two or more digits, beginning with01, as submitted by a utility for class of utility servicerendered.

6. If a change is proposed on a tariffsheet, attention shall be directed to the change by an appropriatecharacter along the right-hand margin of the tariff sheet using thesymbols set forth in the preliminary statement.

7. At the time of making a tariff filingwith the Commission, the utility shall furnish a copy of the adviceletter and a copy of each related tariff sheet to:

a. the Division;

b. the Office; and

c. interested parties having requested notification.

8. If the suspension is lifted by order ofthe Commission, the filing shall be resubmitted under a new adviceletter number. If the suspension is made permanent by theCommission, 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 inincreases in rates and charges or make changes which result inlesser service or more restrictive conditions at the same rate orcharge, unless a showing has been made before and a finding hasbeen made by the Commission that the increases or changes arejustified. This requirement does not apply to electrical ortelephone cooperatives in compliance with Section 54-7-12(6), or bytelecommunications utilities with less than 5,000 subscribersaccess lines in compliance with Section 54-7-12(7).

2. New tariff sheets covering a service orcommodity not previously furnished or supplied, or revised tariffsheets, 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 eitheron complaint or on its own motion, shall become effective after notless than 30 calendar days after the filed date.

3. Upon application in the advice letterand for good cause shown, the Commission may authorize tariffsheets to become effective on a day before the end of the 30 daynotice period.

4.a. The Commission may reject, [or] suspend, alter, or modify the effectiveness of tariff sheets thatdo not conform to these rules, which have alterations on the facethereof or contain errors, or for other reasons as the Commissiondetermines.

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 [therefore]for the action.

d. Rejected tariff sheets shall be retained in theutility's file of canceled and superseded sheets.

e. Advice letter numbers of rejected filings shall not bereused.

F. Public Inspection of Tariffs--

1. Utilities shall maintain, open forpublic inspection at their main office, a copy of the completetariff and advice letters filed with the Commission. Utilitiesshall maintain, open for public inspection, copies of theireffective tariffs applicable within the territories served by theoffices.

2. Utilities shall post in a conspicuousplace in their major manned business office, a notice to the effectthat copies of the schedule of applicable rates in the territoryare on file and may be inspected by anyone desiring to do so.

G. Contracts Authorized by Tariff--Tariffsheets expressly providing that a written contract shall beexecuted by a customer as a condition to the receipt of service,relating either to the quantity or duration of service or theinstallation of equipment, the contract need not be filed with theCommission. A copy of the general form of contract to be used ineach case shall be filed with the tariff as provided in theserules.

This contract shall be subject to changesor modifications by the Commission.

 

KEY: rules and procedures, publicutilities, tariffs, utility regulations

Date of Enactment or Last Substantive Amendment: [July 9, 2012]2013

Notice of Continuation: March 28, 2013

Authorizing, and Implemented orInterpreted Law: 54-3-2; 54-3-3; 54-3-4; 54-4-1; 54-4-4;54-7-12

 

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