No. 27861 (Amendment): R746-405-1. General Provisions

DAR File No.: 27861
Filed: 05/02/2005, 04:58
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for this change is to exempt telecommunications corporations that have pricing flexibility pursuant to Section 54-8b-2.3 from the provisions of the rule to accord the rule to statutory changes made by S.B. 108 of the 2005 General Session of the Utah Legislature. (DAR NOTE: S.B. 108 is found at UT L 2005 Ch 5, and was effective 05/02/2005.)

 

Summary of the rule or change:

This change exempts telecommunications corporations with pricing flexibility from the provisions of this rule dealing with tariff filings.

 

State statutory or constitutional authorization for this rule:

Sections 54-8b-2.3 and 54-8b-2

 

Anticipated cost or savings to:

the state budget:

Estimated to be none. The Public Service Commission has maintained copies of utility tariff provisions for public inspection. As the rule amendment will no longer require affected utilities to maintain tariffs, there will be a reduction in state agency costs previously incurred to keep and maintain such copies. It is estimated that the reduction for tariff filings will be equivalent to additional costs from increased price list filings, as the agency tariff maintenance activities are similar to price list maintenance activities.

 

local governments:

None--Because no local government activities are affected.

 

other persons:

None--While affected companies will no longer have to submit tariff filings to reflect the changes the companies will make in the future, the changed statutory provisions provide that the changes will be reflected in prices lists which are to be filed with the Commission; it is anticipated that the reductions in costs for the eliminated tariff maintenance activities will be roughly equivalent to the costs of price list maintenance activities.

 

Compliance costs for affected persons:

There will be some savings associated with reduced tariff filing costs which flow from the amendment made to the rule. As noted above, however, these savings will be offset by additional costs which will arise from necessary compliance with statutory amendments.

 

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

The rule amendment will reduce costs for affected business (the Commission believes only one company will be affected in the State of Utah) as the rule amendment eliminates tariff filing and tariff maintenance requirements. Ric Campbell, 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:

Barbara Stroud or Sandy Mooy at the above address, by phone at 801-530-6714 or 801-530-6708, by FAX at 801-530-6796 or 801-530-6796, or by Internet E-mail at [e-mail] or [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:

06/14/2005

 

This rule may become effective on:

06/15/2005

 

Authorized by:

Barbara Stroud, Paralegal

 

 

RULE TEXT

R746. Public Service Commission, Administration.

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

R746-405-1. General Provisions.

A. Scope--The following rules for electricity, gas, telephone, and water utilities are designed to provide for:

1. the general form and construction of tariffs required by law to be filed with the Commission and open for public inspection,

2. the procedures for filing and publishing tariffs in Utah, and

3. the particular circumstances and procedures under which utilities may depart from their filed and effective tariffs.

B. Applicability--These rules apply to and govern utilities of the classes herein named, whether they begin service before or after the effective date of these rules, but they shall not affect a right or duty arising out of an existing rule or order in conflict herewith. The rules apply only to new tariff filings, and do not require the modification of tariffs which are effective on the date the rules are adopted. Each utility shall have on file with the Commission its current tariff. Each utility shall abide by the tariff as filed and approved by the Commission. The Commission at any time may direct utilities to make revisions or filings of their tariffs or a part thereof to bring them into compliance. These rules do not apply to a telecommunications corporation subject to pricing flexibility pursuant to 54-8b-2.3.

C. Definitions--

1. "Commission" means the Public Service Commission of Utah.

2. "Effective Date" means the date on which the rates, charges, rules and classifications stated in the tariff sheets first become effective, except as otherwise provided by statute. This date, in accordance with the statutory notice period, shall not be less than the 30th calendar day after the filed date, without the prior approval of the Commission. Unless otherwise authorized, rates shall be made effective for service rendered on or after the effective date.

3. "Filed Date" of tariff sheets submitted to the Commission for filing is the date the tariff sheets are date-stamped at the Commission's Salt Lake City office.

4. "Tariff" means the entire body of rates, tolls, rentals, charges classifications and rules collectively enforced by the utility, although the book or volumes incorporating the same may consist of one or more sheets applicable to distinct service classifications.

5. "Tariff Sheet" means the individual sheets of the volume constituting the entire tariff of a utility and includes the title page, preliminary statement, table of contents, service area maps, rates schedules and rules.

6. "Utility" means a gas, electric, telecommunications, water or heat corporation as defined in Section 54-2-1.

D. Separate Utility Services--

1. Utilities engaged in rendering two or more classes of utility services, such as both gas and electric services, shall file with the Commission a separate tariff covering each class of utility service rendered.

2. Utilities planning to jointly provide utility service shall designate one utility to file a joint tariff for the service with the other utility or utilities filing a concurrence with the joint tariff.

E. Withdrawal of Service--No utility of a class specified herein shall, without prior approval of the Commission, withdraw from public service entirely or in any portion of the territory served.

 

KEY: rules[,] and procedures, public utilities, tariffs, utility regulations

[1987]2005

Notice of Continuation April 2, 2003

54-3-2

54-3-3

54-3-4

54-4-1

54-4-4

54-7-12