Title 150 W. Va. C.S.R.

Public Service Commission Public Service Commission

Series 01 Rules of Practice and Procedure

W. Va. Code R. § 150-1-1 General

1.1. Scope. -- The following rules govern the organizational operations of the Public Service Commission and set forth the various requirements for the administrative process and procedures followed by the Commission and all parties wishing to make use of the Commission as an administrative forum.

1.2. Authority. -- W. Va. Code §§ 24-1-1(f), 24-1-7, 24-2-1 and 24-2-2.

1.3. Filing Date. -- January 9, 2019.

1.4. Effective Date. -- February 8, 2019.

W. Va. Code R. § 150-1-2 Rule 2, Change in Series, Application of Rules, General Offices and Hearing, and Executive Secretary to Furnish Information

2.1. Change in Series -- This rulemaking reflects amendments and reenactment of W. Va. Code §§ 8-12-17, 8-16-19, 16-13A-1a, 16-13A-9, 16-13A-25, 24-1-1, 24-1-1b, 24-1-2, 24-2-1, 24-2-2, 24-2-3, 24-2-4a, 24-2-4b, 24-2-7, 24-2-11 and 24-3-5 pursuant to Senate Bill 234 passed during the 2015 Regular Session of the West Virginia Legislature (SB 234) and House Bill 3096 passed during the 2017 Regular Session of the West Virginia Legislature (HB 3096).

2.2. Application of rules.

If hardship results from the application of any rule contained within these Rules of Practice and Procedure, or if unusual difficulty is involved in immediately complying with any rule, or upon other good cause shown, an applicant may request that the Commission grant a temporary or permanent modification, exemption or waiver from its provisions. The Commission will not consider any application for modification, exemption or waiver in the absence of a full and complete justification for such action.

2.3. General offices and hearings.

2.3.1. The contact information for the Commission is:

Public Service Commission of West Virginia 201 Brooks St.

P.O. Box 812 Charleston, WV 25323 Main switchboard telephone 304-340-0300 Main telefax 304-340-0325 Web site: www.psc.state.wv.us

2.3.2. The general offices of the Commission shall be kept open, in charge of the Executive Secretary, or some other competent person, each working day from 9 a.m. until 5 p.m., for the purpose of filing complaints, applications and petitions, issuing and returning notices, and making and directing interlocutory motions, orders, rules and other proceedings preparatory to the hearing of cases on the Commission’s formal docket.

2.3.3. Public sessions of the Commission for hearing motions, evidence or oral argument, or for public conference, shall be held at the Commission’s offices at 201 Brooks Street, Charleston, WV, or such other places as may be designated by it, at such time as may be set upon notice by the Commission, subject to change upon such notice as may be practical.

2.4. The Executive Secretary of the Commission will, upon request, advise any party as to the form of petition, complaints, answer or other paper desired to be filed in any case.

W. Va. Code R. § 150-1-3 Records

The Executive Secretary shall keep and index the following records:

3.1. Formal Docket stating each formal case of complaint, investigation, application or petition, with a file number corresponding to the number of the case, together with brief chronological notations of the proceedings in the case.

3.2. Order Books recording, on the day of filing, all recommended and final Commission orders. The Executive Secretary shall keep and maintain separate Order Books for utility and motor carrier orders, and for General Orders.

W. Va. Code R. § 150-1-4 Filings and Service of Filings

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.

W. Va. Code R. § 150-1-5 Parties and Protestants

Parties to proceedings before the Commission are known as applicants, petitioners, complainants, defendants, respondents, and intervenors.

5.1. “Complainant” means any party in a formal complaint who complains of anything done or omitted to be done in violation of any law, rule, regulation or order administered or promulgated by the Commission.

5.2. “Defendant” means any party subject to the laws, rules, regulations and orders administered by the Commission against whom any complaint is filed.

5.3. “Intervenor” means any person permitted by the Commission to intervene as a party in any proceeding. Commission Staff need not petition to intervene and will be considered a party in any case in which it chooses to participate. Once an individual or entity has filed with the Commission a petition for leave to intervene in a proceeding in accordance with Rule 12.6., that individual or entity is considered a party for the purposes of filing papers with the Commission in accordance with Rule 4 and propounding discovery requests on other parties in accordance with Rule 13.6, unless and until the Commission rules otherwise by order.

5.4. “Respondent” means any party subject to the jurisdiction of the Commission to whom the Commission issues notice instituting a proceeding or investigation or inquiry of the Commission; and any party in interest or person ordered before any pending proceeding of the Commission.

5.5. “Applicant” means any party who files an application with the Commission for approval, determination, consent, certification or authorization of the Commission.

5.6. “Petitioner” means any party on whose behalf a petition is made for approval, determination, consent, certification or authorization of the Commission.

5.7. “Protestant” means any person who objects on the grounds of public or private interest to the approval, determination, consent, certification or authorization of any application, proposed tariff change, or petition which the Commission may have under consideration, and who is not a party to the proceeding (a protestant in a motor carrier case who wishes to participate as a party to a case must seek intervenor status).

W. Va. Code R. § 150-1-6 Complaints

6.1. Informal complaints.

6.1.1. An informal complaint may be made by letter, other writing, telephone, through the Commission’s Internet website, or by any other form of direct contact with Commission Staff. Commission Staff addresses an informal complaint through written correspondence or other form of communication with the utility complained against and attempts to resolve the complaint without formal hearing.

6.1.2. An informal complaint need not be in a specific format but must contain the essential elements of a formal complaint, including name, mailing address, and email address (if available) of the complainant, the correct name of the utility against which complaint is made, a clear and concise statement of the facts involved, and a request for relief. If Commission Staff takes an informal complaint over the telephone, Staff shall make a record of the foregoing essential elements.

6.1.3. The utility shall provide a response to Commission Staff by letter, other writing, telephone call or any other form of direct contact with Staff within ten (10) days of the Commission Staff’s contact with the utility.

6.1.4. The informal complaint procedure is recommended in the majority of cases. If the informal complaint procedure fails to resolve the complaint the complainant may file and prosecute a formal complaint, and the informal proceeding will be discontinued. The informal complaint procedure does not preclude the filing of a formal complaint.

6.2. Formal complaints.

6.2.1. Any person or entity may complain to the Commission by petition substantially in the form of Form No. 1 attached to these Rules of anything done or omitted to be done by the public utility in violation of any of the provisions of the Public Service Commission law of West Virginia. Two or more complainants may join in one complaint if their respective causes of action are against the same defendant or defendants and involve substantially the same violation of law and like set of facts. When any defendant is operated by a receiver or trustee, both the utility and its receiver or trustee must be made defendants.

6.2.2. A formal complaint must state the names of all parties in full without abbreviation, and the mailing and email addresses and telephone number (if available) of each complainant with the name, mailing and email addresses, telephone number and West Virginia Bar ID Number of his/her attorney, if any.

6.2.3. A formal complaint shall fully and completely advise the defendant or defendants and the Commission of the provision or provisions of the law that have been or will be violated. The formal complaint shall state each distinct charge concisely in a separate paragraph. The formal complaint shall state specifically the relief sought.

6.2.4. A formal complaint shall be signed and sworn to as set forth on Form No. 1.

6.2.5. Upon the filing of a formal complaint and the issuance of an order to investigate, the Commission will require that a copy of the complaint be served on each defendant, together with a copy of an order requiring each defendant to satisfy or answer the complaint within ten (10) days. Such service shall be by email or first class mail unless otherwise ordered.

6.2.6. When issues are joined, the Commission may set a time and place for an evidentiary hearing at the Commission’s offices in the City of Charleston or elsewhere in the State at the Commission’s discretion. If a formal complaint does not present substantial issues of fact requiring a hearing, the Commission may issue an order on the merits based on the information contained in the file.

6.2.7. The complainant must in all cases establish the facts alleged to constitute a violation of the law, unless the defendant admits the same or fails to answer the complaint.

6.2.8. In case of failure to answer, the Commission may hear proof of facts as the Commission deems proper and reasonable, and may investigate and enter an order justified by the facts and circumstances.

6.3. General Investigations.

6.3.1. The Commission may initiate a general investigation of a public utility, or of any general issue affecting public utilities or other entities, on motion of the Commission, Commission Staff, or any other person. Any motion, other than the Commission’s own motion, to initiate a general investigation shall be served on the utility in the same manner as a formal complaint is served.

6.4. Interim relief.

6.4.1. A request for interim relief may be included in a complaint. The title must clearly indicate that interim relief is requested. The pleading must allege the extraordinary facts of immediate and irreparable injury or public interest that justify the Commission granting interim relief prior to a final decision.

W. Va. Code R. § 150-1-7 Answer

7.1. Answer to Formal Complaint.

Within ten (10) days from the date of service of the complaint and order as provided in Rule 6, each defendant named in the complaint shall file an answer, duly verified, and substantially in the form of Form No. 2. The Commission may shorten or extend the ten (10) day period when it deems advisable.

7.2. Answer to General Investigation.

The Commission may require an answer to a motion for initiation of a general investigation made by the Commission, Commission Staff, or any other person.

7.3. Content.

The answer shall fully and completely advise the parties and the Commission of the nature of the defense, and shall admit or deny specifically and in detail each material allegation of the pleading answered.

7.4. Satisfaction.

If a defendant satisfies a formal complaint, it shall file a verified statement to that effect. The complainant shall have ten (10) days to file a response if the complainant disputes that the complaint has been satisfied. If the complainant does not file such a response, the Commission will then consider whether the proceeding should be dismissed.

7.5. Computation of Time.

In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the computed period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday or a legal holiday. When calculating a period of time from the date of service of a notice or other paper, the date of service shall be the date the sender certifies in writing that he or she emailed or mailed an item by first class mail, or the date of personal service.

W. Va. Code R. § 150-1-8 Amendments

8.1. A party may amend any application, complaint, document or other pleading prior to notice of the hearing. After notice of a hearing a party may file a written motion for leave to amend a pleading or document that may be granted in the discretion of the Commission. Any amendment shall contain the notification of service upon all known interested parties. Amendments to any application, complaint, document or other pleading shall not unduly broaden the scope of the issues originally filed with the Commission, unless the Commission in its discretion allows such amendments.

8.2. The Commission does not require that parties observe technical forms and allegations in complaints, answers or other papers.

8.3. Further statements.

The Commission may order a further pleading.

W. Va. Code R. § 150-1-9 Motions, Staff Recommendations, Filings, Responses, Replies

9.1. Motions.

9.1.1. After a case is docketed based on an initial filing, all requests for Commission action shall be in the form of a motion.

9.1.2. All motions for extension of time and motions to toll must be accompanied by a statement that the movant has contacted, or taken reasonable steps to contact, all parties and that the parties have agreed to the motion or have no objection to the motion.

9.2. Response.

Unless otherwise ordered by the Commission or otherwise provided in these rules, any party wishing to respond to a motion must file the response within ten (10) days of the date the motion is served, or as otherwise ordered by the Commission.

9.3. Reply.

9.3.1. Unless otherwise ordered by the Commission, any party wishing to reply to a response must file the reply within ten (10) days of the date the response to the motion is served.

9.3.2. The original filer may file a response to the reply within five (5) days of the filing date of the reply.

9.4. Any party wishing to respond to a Staff Memorandum must file a response within ten (10) days.

9.5. The Commission need not await the filing of responses to Commission Staff memoranda, party motions, or party replies, and may issue an order ruling on a Commission Staff recommendation or any motion or reply at any time after it is filed.

W. Va. Code R. § 150-1-10 Applications for Authority or Permission

10.1. Change or discontinue service.

A public utility or motor carrier subject to the Commission’s jurisdiction, desiring to abandon any regular service shall file with the Commission an original and twelve (12) copies of an application for authority so to do substantially in the form of Form No. 3 attached hereto.

10.2. Change of rates.

A public utility or motor carrier desiring to change its rates, rules and/or regulations shall comply with the Commission’s Rules for the Construction and Filing of Tariffs, 150 C.S.R. 2.

10.3. Certificate of convenience and necessity.

10.3.1. A public utility, person or corporation, or other entity required by statute to obtain from the Commission a certificate of convenience and necessity or a certificate of need, shall comply with the following as applicable. (For motor carrier certificates of convenience and necessity, see 150 C.S.R. 9.)

10.3.2. Notice of intent.

A public utility, person or corporation, or other entity, intending to file an application for a certificate of convenience and necessity pursuant to W. Va. Code § 24-2-11 shall, at least thirty (30) days prior to the date it intends to file its application, give the Commission notice of its intent to file an application by filing with the Commission’s Executive Secretary, an original and two (2) copies of a letter of notification. The Commission may modify or waive this requirement. Provided, however, that projects approved by the West Virginia Infrastructure and Jobs Development Council need not provide the thirty (30) day notice. The letter notifying the Commission of intent to file an application for a certificate of convenience and necessity will remain active for a period of ninety (90) days after receipt by the Executive Secretary of the Commission.

10.3.3. Applications other than high-voltage transmission, motor carrier or commercial solid waste.

10.3.3.a. To file an application for a certificate of convenience and necessity pursuant to W. Va. Code § 24-2-11, a public utility, person or corporation, or other entity, may, thirty (30) days following the filing of a notice of intent to file a certificate application as required by Rule 10.3.2., file with the Commission’s Executive Secretary, an original and twelve (12) copies of its application for a certificate of convenience and necessity. Each of the twelve (12) copies should be collated as a set. To be acceptable, an application shall include; (i) a completed Form No. 4, attached to these Rules, (ii) a completed Form No. 14, and its attachment, or a completed Form No. 14.1 and its attachment for municipalities and cooperatives, with the exception that the utility shall leave blank the date of the order and the case number, and (iii) for water and sewer utilities - a completed application should include to the extent applicable all information described in the checklist appearing at Rule 26 of these Rules. The Commission may dismiss any application that is incomplete. Applicants are requested, but not required, to also email or provide on a CD the completed Form No. 14, and its attachment, or a completed Form No. 14.1 and its attachment for municipalities and cooperatives, to the Commission’s Executive Secretary in Word format.

10.3.3.b. The Executive Secretary shall assign a case number and issue in order form a completed Form No. 14 or Form No. 14.1 to the utility that requires the utility to publish the Notice of Filing as a Class I legal advertisement in a qualified newspaper(s), published and of general circulation in each county where the utility provides service, and to separately mail the Notice of Filing to each of its resale customers, via certified mail, return receipt requested. The utility shall file affidavits of publication provided by the newspaper(s) with the Commission as soon as possible after the Notice of Filing is published and no later than thirty (30) days from the date of publication.

10.3.3.c. Except for utilities that have provided notice of project-related rate increases pursuant to W. Va. Code § 24-2-4b, and related Commission rules, if a utility seeks a project-related rate increase in a certificate application, the utility shall, within thirty (30) days of the date the Commission issues the Form No. 14 Notice of Filing or Form No. 14.1 Notice of Filing, have completed the mailing of separate notices to each of its customers by one or a combination of the following methods: (i) inclusion of the Form No. 14 Notice of Filing or Form No. 14.1 Notice of Filing, as a bill insert; (ii) separately mailing the Form No. 14 Notice of Filing; or (iii) only for utilities that bill by postcard instead of in an envelope, and who elect not to separately mail the Form No. 14 Notice of Filing or Form No. 14.1 Notice of Filing, inclusion of a statement on a postcard billing as follows: “This utility is seeking a rate increase. Details available in newspaper publications or at the utility office after [utility to insert date application filed with Commission] by calling [utility to insert utility office telephone number].”

10.3.3.d. Following publication of Notice, separate mailing of Notice, and filing of affidavits, the Commission may, in the absence of substantial protest, waive formal hearing and grant, deny or modify the certificate of convenience and necessity application based on the information provided.

10.3.3.d.1. For purposes of Rule 10.3 the term “substantial protest” shall mean a protest that either raises factual matters that warrant an evidentiary proceeding or a number of public protests that a reasonable person would conclude requires a hearing.

10.3.3.e. W. Va. Code § 24-2-11 requires the Commission to render a final decision on applications for a certificate of convenience and necessity within two hundred seventy (270) days of the filing of the application and within ninety (90) days after final submission of an application for decision following a hearing. However, for applications relating to construction of water and sewer projects for which the projected total cost is less than $10 million, the Code requires the Commission to render a final decision within two hundred twenty-five days (225) of the filing of the application.

NOTE: (See Rule 26 checklist for water and sewer utilities filing applications for certificates of convenience and necessity.)

10.3.3.f. A petition to reopen an application for a certificate of convenience and necessity that seeks Commission approval of any change to the proposed project that will result in a revenue requirement higher than the revenue requirement previously noticed to the public must comply with Rule 19.5.2.

10.3.3.g. Water and sewer utilities that are political subdivisions of the state and having at least four thousand five hundred customers and combined gross revenues of $3 million dollars or more desiring to pursue construction projects that are not in the ordinary course of business shall provide adequate prior public notice of the contemplated construction by causing a notice of intent to pursue a project that is not in the ordinary course of business to be specified on the monthly billing statement of the customer of the utility for the month immediately preceding the month in which an ordinance or resolution approving the proposed construction and proposed changes to rates, fee and charges, if any, is to be before the governing body for the public hearing on the ordinance or resolution approving the proposed construction and proposed changes to rates, fees and charges, if any. In addition, the utility must cause to be published as a Class I legal advertisement adequate prior public notice of the proposed public hearing on the ordinance or resolution approving the proposed construction and proposed change to rates, fees and charges, if any. The publication area shall be all territory served by the utility. The public notice of the proposed construction shall state the scope of the proposed construction; a summary of the current rates, fees and charges, and proposed changes to said rates, fees and charges, if any; the date, time and place of the public hearing on the ordinance or resolution approving the proposed construction and proposed changes to rates, fees and charges, if any, and the place or places within the political subdivision where the ordinance or resolution approving the proposed construction and proposed changes to rates, fees and charges, if any, may be inspected by the public.

10.3.4. High-voltage transmission line application.

A public utility, person or corporation desiring to construct a high voltage transmission line of two hundred thousand (200,000) volts or higher, shall file a notice of intent to file an application, and an application for a certificate of convenience and necessity in accordance with Rules 10.3.1, 10.3.2. and 10.3.3. In addition to the information required by Rule 10.3.3., the application shall include all of the information required by Rule 9 of the Commission's Rules for the Government of Electric Utilities, 150 C.S.R. 3, and by W. Va. Code § 24-2-11a.

10.3.5. Motor carrier application.

A person, association, firm or corporation desiring to operate as a common or contract carrier by motor vehicle in the transportation of persons or property for hire over the public highways of this State shall file an original and twelve (12) copies of an application for a certificate of convenience and necessity or a permit to operate as a common or contract motor carrier, in the form identified in section 10.1 et seq. of the Commission’s Rules for the Government of Motor Carriers of Passengers and Property, 150 C.S.R. 9.

10.3.6. Commercial solid waste application.

An owner and/or operator of a commercial solid waste facility must obtain a certificate of need before commencing any additional or new commercial solid waste facility activities not explicitly authorized by an existing certificate of need, regardless of whether such additional or new activities would require a major permit modification from the West Virginia Department of Environmental Protection, when such activities would have a significant impact upon rates, upon the applicant, upon the applicant’s competitors, or upon the public. Such additional or new commercial solid waste activities include, but are not limited to, the following -- composting activities, recycling activities, and transfer station activities -- regardless of the location of such activities relative to the currently permitted commercial solid waste activity.

10.3.6.a. An owner and/or operator of a commercial solid waste facility shall apply for a certificate of need by filing a completed Form No. 15, attached hereto, together with twelve (12) copies of the same with the Commission’s Executive Secretary. In addition to Form No. 15, the utility shall file a completed Form No. 17 leaving blank the date of the order and the case number. When the Executive Secretary’s office has assigned a case number, a completed Form No. 17 will be issued to the utility as an order requiring publication of the Notice of Filing as a Class I legal advertisement in a qualified newspaper(s), published and of general circulation in each county in the watershed where the commercial solid waste facility is or will be located, and in a qualified newspaper that has statewide circulation. The utility shall file affidavits of publication provided by the newspaper(s) with the Commission as soon as possible after the Notice of Filing is published.

10.3.6.b. An owner and/or operator of an existing commercial solid waste facility may file an application for an amendment of a certificate of need and for expedited processing, in the form attached hereto as Form No. 16, together with twelve (12) copies of the same, and receive expedited processing of its application, if the owner and/or operator seeks to engage in additional activities within the facility’s permitted acreage, if the activity is determined not to have a significant impact upon rates, upon the applicant, upon the applicant’s competitors, or upon the public, regardless of whether the new activities have been classified as a major modification by the Department of Environmental Protection. In addition to Form No. 16, the utility shall file a completed Form No. 17 leaving blank the date of the order and the case number. The Executive Secretary’s office shall assign a case number and issue a completed Form No. 17 as an order requiring publication of the Notice of Filing as a Class I legal advertisement in a qualified newspaper(s), published and of general circulation in each county in the watershed where the commercial solid waste facility provides, or will provide service, as indicated in its certificate application and/or its Department of Environmental Protection permit. The utility shall file affidavits of publication provided by the newspaper(s) with the Commission as soon as possible after the Notice of Filing is published.

10.3.6.c. Upon receipt of Form No. 16, the Commission may issue the applicant an amended certificate of need without a hearing, unless the Commission determines that the planned expansion or construction has a significant impact upon rates, upon the applicant, upon the applicant’s competitors, or upon the public. In the alternative the Commission may, if appropriate, issue an order requiring the applicant to file a standard application for a certificate of need in the form of Form No. 15.

10.3.7. West Virginia Infrastructure and Jobs Development Council approved application.

W. Va. Code § 24-2-11(e) requires the Commission to render a final decision on any application that has received the approval of the West Virginia Infrastructure and Jobs Development Council within one hundred-eighty (180) days after the application filing date, but if substantial protest is received within thirty (30) days after the publication of notice, the Commission must render its final decision within two hundred seventy (270) days of the filing of the application, or if the project is a water or sewer project with projected construction costs of less than $10 million, within two hundred twenty-five (225) days of the filing of the application.

10.3.7.a. Commission Staff shall treat all filings made pursuant to W. Va. Code § 24-2-11(e) under a one hundred-eighty (180) day deadline unless a substantial protest is timely filed after public notice in the proceeding.

10.3.7.b. Commission Staff filing an objection in the proceeding shall not be considered a “substantial protest” for purposes of extending the deadline.

10.3.8. Change in certificated project scope, funding, revenue requirement and/or rates.

A public utility whose project has received a certificate of public convenience and necessity from the Commission must notify the Commission in writing and receive approval of any change in the scope, cost, or funding of the project or any change in project-related revenue requirement and/or rates prior to beginning or continuing construction on such project. Provided, however, a public utility whose project has received a certificate of public convenience and necessity from the Commission and has been approved by the West Virginia Infrastructure and Jobs Development Council, is not required to, and cannot be compelled to, reopen the proceeding if the cost of the project changes but the change does not effect the rates established for the project. In such instance the utility shall notify the Commission that there has been a change in project costs that does not affect rates or the scope of the project, with such notification to be in the form of either an affidavit signed by the utility’s certified public accountant for the original certificate filing, or verification from the utility’s bond counsel.

10.3.8.a. A utility seeking Commission approval of any change in project-related revenue requirement and/or rates must provide the following information along with its filing:

10.3.8.a.1. a letter supporting additional funding if applicable,

10.3.8.a.2. the date of the bond closing, if any, and the date a Commission order is needed,

10.3.8.a.3. a copy of the bid documents,

10.3.8.a.4. a description of changes to the plans and specifications of the project,

10.3.8.a.5. a chart showing original construction cost, original project cost, and original amounts of funding from each funding agency, in addition to a showing of the revised construction cost, revised project cost, and revised amounts of funding from each funding agency,

10.3.8.a.6. a proposed tariff containing the proposed rate change by the utility if applicable and supporting information for such increase.

10.3.8.b. In addition to the information used in 10.3.8.a., in those instances where the project revenue requirement proposed by the utility exceeds the previously noticed revenue requirement, the utility must file a completed Form No. 14-A for use in notifying customers.

10.4. Contracts between utilities.

10.4.1. Whenever a public utility required by statute to obtain prior Commission consent and approval to enter into any contract with any other utility to operate its line or plant or to enter into any contract to operate the utilities’ lines or plants in connection with each other (except physical connections between utilities supplying the same service or commodity for temporary purposes only), the utilities shall file an original and twelve (12) copies of a joint petition with the Commission for authority so to do, substantially in the form of Form No. 5. The petition shall set forth the names and mailing and email addresses of the petitioners, a detailed statement describing the proposed contract, the effect it will have upon the service of the petitioners, the consideration to be paid for the service to be rendered, whether or not any other utility will be affected by the proposed operation and a statement why the petition should be granted.

10.4.2. If the connection is physical between utilities supplying the same service for temporary purposes only, the utilities involved shall immediately give notice in writing of the physical connection to the Commission. The notice shall state the names and mailing and email addresses of the utilities, the utility service they provide, the location and description of the physical connection and the reason it was made.

10.5. Control or acquire property of another utility.

A public utility required by statute to obtain prior Commission consent and approval to purchase, lease or in any other manner acquire control, direct or indirect, over the franchise, licenses, permits, plant, equipment, business or other property of any other utility shall file with the Commission an original and twelve (12) copies of its application for authority so to do, substantially in the form of Form No. 6. The petition shall set forth the name and mailing and email addresses of the petitioner, the name and mailing and email addresses of the utility whose property, etc., is sought to be acquired, the financial condition of the petitioner and of the utility whose property, etc., is sought to be acquired, the property, etc., to be acquired and location thereof, (including a detailed map of the subject property, if applicable) the terms and conditions of the proposed transaction, the effect of the proposed transaction on the service of the parties, the method of financing the transaction and whether or not any other utility will be affected, and, if so, in what respect, a statement of the reasons why the prayer of the petition should be granted, including a financial analysis supporting the decision to enter into the proposed transaction, the historic accounting treatment of the property, including account numbers used, original cost, and the date of purchase, and the proposed journal entries associated with the proposed transaction, including account numbers and amounts.

10.6. Sale of franchises, permits and plant.

A public utility required by statute to obtain prior Commission consent and approval to assign, transfer, lease, sell or otherwise dispose of its franchises, licenses, permits, plants, equipment, business or other property, or any part thereof (except tangible personal property not necessary or useful, nor which will become necessary or useful in the future, in the performance of its duties to the public), shall file with the Commission an original and twelve (12) copies of its application for authority so to do, substantially in the form of Form No. 7. Such petition shall set forth,

10.6.1. the name and mailing and email addresses of the petitioner,

10.6.2. the name and mailing and email addresses of the person, firm, corporation or utility to whom it desires to assign, transfer, sell, etc., its franchises, licenses, equipment, etc.

10.6.3. the financial condition of the petitioner,

10.6.4. analysis which led to petitioner’s decision to assign, transfer, sell, etc. its franchises, licenses, equipment, etc.,

10.6.5. accounting history of the franchises, licenses, equipment etc., to be sold, assigned, etc., including the account numbers used, the original cost, and the date of purchase by the petitioner,

10.6.6. the proposed journal entries associated with the sale of the franchises, licenses, equipment etc., to be sold, assigned, etc., including account numbers and amounts,

10.6.7. brief statement of the history and corporate makeup and financial condition, if available, of the person, corporation, etc., to whom the franchises, licenses, equipment, etc., are to be sold, assigned, etc.,

10.6.8. brief narrative of how the person, corporation, etc., to whom the franchises, licenses, etc., are to be sold, assigned, etc., became aware of the petitioner’s intent to assign, transfer, sell, etc. its franchises, licenses, equipment, etc.,

10.6.9. the terms and conditions of the proposed transfer, sale, etc.,

10.6.10. any proposed assignment or allocation of the book value of the franchises, licenses, equipment etc., to be sold, assigned, etc.,

10.6.11. description of method used to determine the open market value of the franchises, licenses, equipment etc., to be sold, assigned, etc.,

10.6.12. a description of the franchises, licenses, etc., including a detailed map and plans, if applicable, which are to be assigned, sold, etc.,

10.6.13. the effect of the proposed transaction on the service of the petitioner,

10.6.14. the method by which the proposed assignment, sale, etc., is to be financed,

10.6.15. whether or not any other utility will be affected and, if so, in what respect,

10.6.16. and a statement why the petition should be granted.

10.7. Merger or consolidation.

A public utility required by statute to obtain prior Commission consent and approval to, by any means, direct or indirect, merge or consolidate its franchises, licenses, permits, plants, equipment, business or other property with that of any other public utility, shall file with the Commission an original and twelve (12) copies of its application for authority to do so, substantially in the form of Form No. 8. The petition shall set forth the name and mailing and email addresses of the persons forming the merger or consolidation, the name of the merged or consolidated company, the financial condition of the parties to the consolidation, the franchises, licenses, permits, plants, equipment, business and other property which are the subject of the consolidation, the effect of the proposed transaction upon the service of the parties, the method by which the consolidation will be financed, including a detailed statement of the common stocks, preferred stocks, and bonds that are proposed to be issued, if any, whether or not any other utility will be affected and, if so, in what respect, a general statement of the physical property of each of the merging parties and value thereof, and a statement of the reasons why the petition should be granted.

10.8. Purchase of stock, bonds, etc., of another utility.

A public utility required by statute to obtain prior Commission consent and approval to purchase, acquire, take or receive any stock, stock certificates, bonds, notes or other evidence of indebtedness of any other public utility, shall file with the Commission an original and twelve (12) copies of its application for authority to do so, substantially in the form of Form No. 9. The petition shall set forth the name and mailing and email addresses of the petitioner, the name and mailing and email addresses of the company or companies whose stock, stock certificates, bonds, notes or other evidence of indebtedness is sought to be purchased, etc., the kind, character, description, in detail, and amount, by classes, of the stocks, bonds, notes or other evidence of indebtedness that is to be purchased, etc., the price proposed to be paid for said stocks, etc., and the terms of payment, the financial condition of the petitioner, the effect of the proposed purchase upon the service, rates, and capital structure of the petitioner, the effect the proposed transaction will have upon the service of the petitioner and the utility whose stocks, etc., are to be acquired, and the reasons why the approval and consent of the Commission should be given to the proposed purchase, etc.

10.9. Certain contracts between affiliates.

A public utility required by statute to obtain prior Commission consent and approval to, by any means, direct or indirect, enter into any contract or arrangement for management, construction, engineering, supply or financial services, or for the furnishing of any other service, property or thing, with any affiliated corporation, person or interest, shall file with the Commission an original and twelve (12) copies of its application for authority to do so, substantially in the form of Form No. 10. The petition shall set forth the name and mailing and email addresses of the affiliated corporation, person or interest with whom the contract or arrangement is to be made, a copy of the contract or arrangement to be made, a full description of the nature and character of service, property or things to be rendered the petitioner, the compensation to be paid and the terms thereof, the financial condition of the petitioner and the affiliated corporation, person or interest, the effect of the proposed arrangement upon the service of the petitioner, and, if the affiliate corporation is a utility under the jurisdiction of the Commission, the effect of the proposed transaction upon its service, and a statement of the reasons why the petition should be granted.

10.10. Consent in advance to exemption from requirements of W. Va. Code § 24-2-12.

A public utility desiring consent of the Commission in advance or exemption from the requirements of Section 12 of Article 2, of Chapter 24 of the Code of West Virginia and this rule, shall file with the Commission an original and twelve (12) copies of its petition for consent in advance or exemption from the requirements of said section, substantially in the form of Form No. 11. The petition shall set forth the name and mailing and email addresses of the petitioner, a statement of the subsection of Section 12 for which consent in advance or exemption is sought, including the reasons therefore, the effect the exempt action would have upon the service of the petitioner and any other public utility operating in this state, if any, a statement that neither party thereto is given an undue advantage over the other and the reasons therefore, a statement why the petition should be granted and its effect upon the public in this state. If, however, consent is prayed for in advance to do any of the things provided for in this rule, the petitioner shall also adhere substantially to the form and requirements of the appropriate subsection.

10.11. Notice and hearing.

When the Commission has determined that a hearing is necessary regarding an application filed pursuant to Rule 10, the applicant will be required to give notice of the time and place set by the Commission for hearing.

W. Va. Code R. § 150-1-11 Pre-Hearing Conference and Mediation

11.1. When conference may be required.

11.1.1. In any formal proceeding the Commission may, on its own motion or upon petition by any party, with reasonable written notice, require all interested parties to attend a prehearing conference, teleconference, or mediation.

11.1.2. Statements made in the course of settlement discussions or mediation, are not part of the record except by agreement, and shall not be used against participating parties before the Commission at hearing.

11.2. Recessing hearing for conference.

In any proceeding the Commission may, in its discretion, call the parties together for a conference prior to the taking of testimony, or may recess the hearing to hold a conference.

W. Va. Code R. § 150-1-12 Hearings

12.1. General provisions.

12.1.1. The date, time and location of hearings will be scheduled by the Commission and notice will be served on all parties as may be required by statute and/or the Commission's Rules. Hearings will be held at the Commission's hearing room in the City of Charleston or elsewhere in the State at the Commission’s discretion. The Commission will make an effort to set all formal hearings sufficiently in advance so that all parties have a reasonable time to prepare their cases, and so that continuances will be reduced to a minimum.

12.1.2. All hearings will be open to the public except in camera proceedings.

12.2. Presiding officers.

12.2.1. When evidence is to be taken in any proceeding before the Commission, the hearing will be held by one or more of the members of the Commission, an Administrative Law Judge, a hearing panel, or by one or more of the Commission’s employees that shall have been duly designated by it to hold hearings. Presiding officers shall be referred to in these rules as simply “the Commission.”

12.2.2. The Commission has the duty to conduct full, fair and impartial hearings; to take appropriate action to avoid unnecessary delay in the disposition of proceedings, and to maintain order; and the Commission shall possess all powers necessary to that end, including the following: To administer oaths and affirmations; to issue subpoenas and to provide for other methods of discovery; to receive evidence and rule upon all objections and motions; and to take such other action as may be necessary and appropriate to the discharge of the Commission’s duties, consistent with statutory authority and the rules, regulations and policies of the Commission.

12.3. Parties.

12.3.1. Parties shall enter their appearances at the beginning of the hearing by giving their names and addresses in writing to the reporter who will include them in the record of the hearing. The Commission may also require appearances to be stated orally, so that the identities and interests of all parties present will be known to those at the hearing. Any further notice, pleading, or order in the matter which is required to be served upon parties to the proceeding may be served upon the attorney or representative of a party so represented and the service shall be effective as service upon the party.

12.3.2. At hearing, all parties shall be entitled to enter appearances, introduce evidence, examine and cross-examine witnesses, make arguments, and generally participate in the conduct of the proceeding consistent with any Commission order issued in a particular case which otherwise limits participation.

12.4. Protestant Participation.

12.4.1. Any person who is a protestant and who desires to participate in the proceeding by introducing evidence, examining and cross-examining witnesses, making arguments, and generally participating in the conduct of the proceedings consistent with any Commission order issued in a particular case which otherwise limits participation, may, within the discretion of the Commission, file a petition or move orally to do so prior to the close of the period for taking appearances. The Commission may, within its discretion, grant, deny or qualify the extent of participation by the protestant during the evidentiary proceeding and thereafter. This manner of participation does not give a protestant party status.

12.5. Termination of party status.

Notwithstanding any other provision of these rules pertaining to party status, and unless specifically authorized by the Commission for good cause shown, a person may lose party status if such person has failed to enter an appearance at any hearing in the manner as prescribed in Rule 12.3. The party status of any person failing to enter an appearance may terminate at the close of the period for taking of appearances unless otherwise ordered.

12.6. Intervention.

12.6.1. Any person having a legal interest in the subject matter of any hearing or investigation pending before the Commission may petition or move orally for leave to intervene in the proceeding. Unless the Commission establishes an intervention deadline by order, petitions and oral requests to intervene may be made prior to or at the time a case is called for hearing, but not thereafter except for good cause shown. Unless and until the Commission denies or otherwise limits intervention, once an individual or entity has filed with the Commission a petition for leave to intervene in a proceeding in accordance with this rule, that individual or entity is considered a party for the purposes of making filings with the Commission in accordance with Rule 4 and propounding discovery requests on other parties in accordance with Rule 13.6. If leave is granted, the intervenor then becomes a party to the proceeding with the right to have notice of and appear at the taking of testimony, to produce and cross-examine witnesses, and to be heard on the argument of the case.

12.6.1.a. The petition or motion shall disclose the name of the party intervening, the name, mailing and email addresses of the intervenor or his/her attorney, if any, as well as the West Virginia Bar ID Number of his/her attorney, if any, a clear and concise statement of the grounds for the proposed intervention, the position and interest of the petitioner or movant in the proceeding, and a concise statement of the relief desired. Leave will not be granted except on allegations reasonably pertinent to the issues already presented and which do not unduly broaden them.

12.6.2. Service of petition.

The original and twelve (12) copies of a petition for leave to intervene must be filed with the Executive Secretary.

12.6.3. Parties may file responses to petitions to intervene within ten (10) days of the date a petition was filed, but the Commission may act on a petition to intervene without awaiting the expiration of the response time.

12.6.4. Special intervention.

12.6.4.a. Any person, other than the original parties to the proceeding, who desires to appear and participate in any proceeding before the Commission, and who desires to broaden the issues of the original proceeding, shall petition in writing for leave to intervene in the proceeding. Unless otherwise ordered by the Commission, the petition shall be filed with the Commission and copies thereof shall be served on all known parties of record at least ten (10) days prior to the date of the hearing. The petition shall contain the information required by these rules. The petition shall have attached a properly verified complaint or answer, as the case may be, setting forth clearly and concisely the facts supporting the relief sought.

12.6.4.b. The Commission will afford the original parties the opportunity to be heard on special intervention petitions prior to or at a hearing. If it appears, after consideration, that the petition discloses a substantial interest in the subject matter of the hearing, or that participation of the petitioner may be in the public interest, the Commission may grant the petition by order or oral ruling at the hearing. Thereafter the petitioner shall be a party to the proceeding and shall be known as an “intervenor” with the same rights as other parties to the proceeding.

12.6.5. Limitations of intervention.

When two or more intervenors have substantially similar interests and positions, the Commission may, in order to expedite the hearing, limit the number of parties who may cross-examine, make and argue motions, or object on behalf of such intervenors.

12.7. Representation of parties and practice before Commission.

Except as provided in Rule 4, representation or appearance of parties in all formal proceedings pending before the Commission shall be only by attorneys at law 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 appearing before the Commission who are not licensed to practice in West Virginia shall have sought and obtained permission to practice before the Commission in compliance with Rule 8.0 of the Rules for Admission to the Practice of Law of the State of West Virginia; provided, however, that an individual may appear for and represent himself, or a partner may represent his partnership, upon permission granted in the discretion of the Commission.

12.8. Notice.

Following the entry of appearances, all notice, pleadings and orders thereafter served shall be served upon such attorneys, representatives or parties of record, as defined in these rules, entering an appearance, and such service shall be considered valid service for all purposes upon the party represented.

12.9. Continuance of hearings.

After the Commission has set the date for hearing the Commission will not grant continuances except for good and sufficient cause. A party who desires a continuance shall, immediately upon receipt of notice of the hearing, or as soon thereafter as facts requiring such continuance come to his knowledge, file a written motion with the Commission stating in detail the reasons why a continuance is necessary. The motion shall be filed at least five (5) days prior to the date of hearing. In cases of hardship or other good cause a party may by oral motion move for a continuance at the time the proceeding is called for hearing. The Commission may grant such a continuance and may at any time order a continuance upon its own motion.

12.10. Failure to appear.

When any proceeding has been properly set for hearing and due notice given and any applicant, petitioner or complainant fails to appear without having obtained a continuance in the manner specified above, the Commission may dismiss the petition, application, or complaint with or without prejudice or may upon good cause shown, recess a hearing for a further period to be set by the Commission to enable the absent party to attend.

12.11. Conduct at hearings.

All parties to hearings, their counsel, and spectators shall conduct themselves in a respectful manner. Demonstrations of any kind at hearings shall not be permitted. The Commission may, at its discretion, recess or continue a hearing in which the parties, attorneys, witnesses or spectators, conduct themselves in a disrespectful, disorderly or contemptuous manner which interferes with or prevents the proper conduct of the hearing.

12.12. Consolidated hearings.

The Commission, upon its own motion, or upon motion by any party, may order two or more proceedings involving a similar question of law or fact to be consolidated for hearing where the rights of the parties or the public interest will not be prejudiced by such procedure.

12.13. Transcripts.

12.13.1. One copy of the transcript of testimony will be furnished by the Commission to each party to a proceeding, unless otherwise ordered.

12.13.2. Additional copies of transcripts of testimony may be obtained by any party in interest from the Executive Secretary by paying a rate to be determined by the party requiring the same and the reporter, but in no event to exceed the maximum rate stated in the then-current contract between the Commission and the reporter. Persons desiring extra copies of the transcripts of testimony shall make request therefore to the Executive Secretary of the Commission at the time of hearing.

W. Va. Code R. § 150-1-13 Evidence

13.1. General.

In the investigations, preparations and hearings of cases, the Commission shall not be bound by the technical rules of pleadings and evidence, but in that respect it may exercise such discretion as will facilitate its efforts to understand and learn all the facts bearing upon the right and justice of the matters before it. Evidence may be received which, in the opinion of the Commission, is the best evidence reasonably obtainable, having due regard to its necessity, availability and trustworthiness. In passing upon the admissibility of evidence, the Commission shall give consideration to, but shall not be bound to follow, the rules of evidence governing general civil procedures in courts of this State.

13.2. Testimony under oath.

All testimony to be considered by the Commission in formal hearings, except matters administratively noticed or entered by stipulation, shall be by sworn or affirmed testimony.

13.3. Prepared testimony.

Prepared testimony may be identified, marked and received as an exhibit. Admissibility shall be subject to the rules governing oral testimony. The party submitting prepared testimony shall supply copies to all parties of record.

13.4. Stipulation of facts.

The parties to any proceeding or investigation before the Commission may, by stipulation in writing filed with the Executive Secretary, or entered in the record, agree upon the facts, or any portion thereof, involved in the controversy, which stipulation shall be binding upon the parties thereto and may be regarded and used by the Commission as evidence at the hearing. It is desirable that the facts be thus agreed upon whenever practical. The Commission may, however, require proof by evidence of the facts stipulated to, notwithstanding the stipulation of the parties.

13.5. Depositions.

The testimony of any witness may be taken by deposition at the request of a party, in any proceeding or investigation at any time after the same is at issue, by the consent of the Commission. The Commission may, on its own motion, order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such deposition shall be taken in the manner prescribed by the laws of West Virginia for taking deposition in civil cases in courts of record.

13.6. Discovery Requests.

13.6.1. “Discovery requests” as used in these Rules, include interrogatories, requests for the production of documents and things, and requests for admissions. Discovery requests do not include Staff or Commission requests made pursuant to statutory authority.

13.6.2. A party may serve discovery requests in writing upon the attorney for a party, if such party is represented by an attorney, or directly upon unrepresented parties, by first class mail, email or by hand delivery. Discovery requests must be pertinent to substantial issues in the proceeding. Copies of discovery requests, together with a certificate of service, shall be filed with the Executive Secretary and served upon all parties.

13.6.3. Parties served with discovery requests shall respond to each request separately and fully, in writing. The responses shall re-state each request, and give the response to that request. The party responding shall verify the responses. If responses prepared by several persons are compiled by one person the person compiling the responses shall verify the responses one time. Responses to discovery requests shall be served within twenty (20) days after such discovery requests were served, or within such specified time as may be fixed by the Commission. Responses shall be served only upon the requesting party and any other party that has made a written request for the responses. The party responding shall file one (1) copy with the Executive Secretary.

13.6.3.a. Responses to discovery requests are not part of the evidentiary record of a case unless identified responses are made a part of the record by the parties or by Commission order.

13.6.4. The party responding to discovery requests shall file any written objections to discovery requests within fourteen (14) days after service of discovery requests or such shorter time as directed by the Commission. The responding party may defer responses to discovery requests to which it has made objection until the Commission rules on any motion to compel. If a motion to compel is granted, the responses shall be served within ten (10) days after notice of the Commission’s action, or as otherwise ordered by the Commission.

13.6.5. Objections to discovery requests not timely filed are waived, except for good cause shown.

13.6.6. The Commission will not resolve discovery disputes unless a motion is filed seeking Commission action. The parties have the responsibility to file timely discovery motions, including motions to compel the production of information or motions seeking protective orders.

13.7. Record of the case.

13.7.1. Exhibits at hearing. All maps, prints, writings, statements or documents, to be used as an exhibit at a hearing, must be accompanied by sufficient copies for each Commissioner, the court reporter and the law clerk when a case is before the Commissioners and when a case is before an ALJ one copy for the ALJ and one for the court reporter, in addition to copies needed for other parties to a case, unless the parties were previously served with the exhibit.

13.7.2. Staff Reports. Reports of investigation made in any case by the Commission, or by any employee of the Commission, whether made before or after the hearing, will become a part of the record in the case and be considered by the Commission. Upon the submission of any such report to the Commission, a copy thereof will be furnished by the Executive Secretary to each party to the proceeding. If a party desires to give further evidence with regard to such report, the party shall notify the Commission in writing within ten (10) days of the filing date of the report. Whereupon the Commission may set the matter for further hearing or take such action as the circumstances of the case may require.

13.7.3. Original Documents. The Executive Secretary shall keep in his/her custody and be responsible for the original, or one counterpart, of all maps, prints, writings, statements or documents made a part of the record as aforesaid.

13.8. Objections.

Any evidence offered in whatever form shall be subject to appropriate and timely objection. When objection is made to the admissibility of evidence, such evidence may be received subject to later ruling by the Commission. The Commission, in its discretion, either with or without objection, may exclude inadmissible, incompetent, cumulative, or irrelevant evidence, or order the presentation of such evidence discontinued. Parties objecting to the introduction of evidence shall briefly state the grounds of objection at the time such evidence is offered. Formal exceptions to rulings considering the admissibility of evidence are not necessary and need not be taken.

W. Va. Code R. § 150-1-14 Subpoenas for Witnesses and Documents

14.1. Written application for subpoena must be verified by affidavit and set forth good cause and reasons supporting the issuance of the subpoena for the attendance of the witness or witnesses. Upon application of any party, or on the Commission’s own action, subpoenas requiring the attendance of witnesses at any designated place of hearing before the Commission, or a member thereof, or any employee of the Commission which it shall have designated to hold such hearings, for the purpose of taking the testimony of such witness, may be issued by the Executive Secretary or any member of the Commission or any employee of the Commission which it shall have designated to hold hearings as provided by law.

14.2. Written application for a subpoena for the production of books, papers or documents must be verified by affidavit and set forth and identify specifically the books, papers or documents sought to be produced and the reasons supporting the issuance of the subpoena. Upon written application of any party, or on the Commission’s own action, subpoenas for the production of books, papers or documents may be issued by the Executive Secretary or any member of the Commission or any employee of the Commission which it shall have designated to hold hearings as provided by law.

W. Va. Code R. § 150-1-15 Witness Fees

15.1. Witness fees necessary and incident to hearings before the Commission shall be paid by the party at whose instance the witness is summoned. No witness fees will be allowed except on subpoena. In all cases the fee allowed will be the same as that allowed by the circuit courts of this state.

W. Va. Code R. § 150-1-16 Service of Subpoena and Notice

16.1. All subpoenas for parties, witnesses, records or papers, and all notices relating to a subpoena, shall be served by delivering a copy thereof personally or by mail to the party to be served, or in the manner prescribed by law for service of like processes issuing out of the circuit courts of this state.

16.2. Service of subpoenas and the cost incident to the service is the responsibility of the party(ies) requesting the subpoenas.

W. Va. Code R. § 150-1-17 Proposed Orders

17.1. At the close of testimony in a proceeding, the Commission may require all parties of record to file proposed orders containing a discussion of the case, findings of fact and conclusions of law. The Commission shall fix the time in which such proposed orders shall be filed. No decision, report or recommended order shall be made until after the expiration of the time so fixed.

17.2. If the parties file proposed orders, findings of fact and conclusions of law shall be clearly and concisely stated and numbered. Each statement shall show specifically the testimony by appropriate transcript reference, if available, or other items of record which support that proposed finding of fact.

17.3. An original and twelve (12) copies of the proposed order accompanied by a certificate of service shall be filed with the Commission and one copy shall be filed with each attorney of record or each party.

17.4. Any party may petition the Commission for an extension of time in which to file a proposed order.

W. Va. Code R. § 150-1-18 Briefs and Oral Argument

18.1. General.

The Commission may require the filing of briefs or the presentation of oral argument or both by the parties. Requests for the filing of briefs or oral arguments shall be made before or at the conclusion of the taking of evidence. The requirements of this rule may be altered by agreement of the parties with the consent of the Commission. Proceedings before an ALJ will include the right of a party to file findings of fact, conclusions of law and briefs.

18.2. Oral arguments.

Oral argument may be presented in lieu of or in addition to the filing of briefs. When, in the opinion of the Commission, time permits and the nature of the proceedings, the complexity or importance of the issues of fact or law involved, and the public interest warrants, the Commission may, either on its own motion or at the request of a party allow and fix a time for the presentation of oral argument, imposing such limits of time on the argument as deemed appropriate in the proceeding. Such argument shall be transcribed and bound with the transcript of testimony.

18.3. Time for filing.

Unless otherwise ordered by the Commission, briefs are to be filed simultaneously. Initial briefs shall be served twenty-five (25) days after the transcript is mailed. Reply briefs shall be served fifteen (15) days after the initial briefs are mailed. Responsive briefs shall be served ten (10) days after the reply briefs are mailed.

W. Va. Code R. § 150-1-19 Exceptions, Reconsideration, Further Hearing, or Reopening

19.1. Exceptions.

A party may file exceptions to a recommended decision within fifteen (15) days from the date the recommended decision was mailed and shall serve a copy of the exceptions on the attorney for each adverse party or directly upon unrepresented parties. The exceptions must state the findings of fact and/or conclusion of law claimed to have been erroneously decided, and may be accompanied by a brief in support thereof.

19.1.1. Reply to Exceptions.

Within ten (10) days after such service any party may file and serve in like manner a reply to the exceptions. The reply so filed must be accompanied by a like number of copies for the use of the Commission and a certificate showing service upon the attorneys of the parties. However, the Commission may issue an order ruling on exceptions at any time after it is filed.

19.2. Application for Further Hearing.

If a party seeks a new hearing because of matters that have arisen since the hearing, or due to facts that were not known by the party at the time of the hearing, the matters relied upon by the party must be fully set forth. Applications for further hearing in a proceeding after the closing of testimony and before entry of a recommended decision, if the case is before an ALJ, or Commission order, if the case is before the Commission, must be made by petition, duly verified, filed with the Commission with a copy served on each party. Such petition shall state specifically the grounds relied upon. The nature and purpose of the evidence to be adduced must be briefly stated, and it must not be merely cumulative. The Commission may in its discretion grant the application.

19.3. Petition for Reconsideration.

Petitions for reconsideration after entry of a Commission order must be made by petition, duly verified, filed with the Commission within ten (10) days from the date of mailing of the Commission order or within the time otherwise specified by the Commission not to exceed thirty (30) days from entry of the order, with a copy served on each party. Such petition shall state specifically the grounds relied upon.

19.3.1. Within ten (10) days after service of the petition for reconsideration any party may file a reply and a certificate showing proper service. However, the Commission may issue an order ruling on the petition at any time after it is filed.

19.4. Application for Modification of order.

Application for modification of orders which seek only to correct clerical errors, change the date when they shall take effect, or change the period of notice thereby prescribed, must be made by petition filed and served in like manner as other applications under this rule, except that, in case of unforeseen emergency satisfactorily shown by the applicant, such relief may be sought informally, by facsimile or otherwise, upon notice thereof to all parties or attorneys who appeared as aforesaid.

19.5. Application for Reopening.

An application for reopening of a proceeding more than ten (10) days after the entry of a Commission order must be made by petition of a party to the proceeding at the time of entry of the Commission order, duly verified, accompanied by a certificate showing service upon the attorneys of the other parties. If thereby any Commission order is sought to be vacated, reversed, or modified, by reason of matters which have arisen since the hearing, or by reason of facts not in possession of the petitioner at the time of the hearing, the matter so relied upon by the petitioner must be fully set forth in the petition.

19.5.1. Within ten (10) days after service of a petition to reopen any party may file a reply to the application and a certificate showing proper service. However, the Commission may issue an order ruling on the application at any time after it is filed.

19.5.2. If an applicant, that has received a final Commission order granting a certificate of public convenience and necessity, files a petition to reopen seeking Commission approval of any change to the proposed project that will result in a revenue requirement higher than previously noticed to the public, the applicant must include with its petition a completed Form No. 14-A or Form No. 14.1 and will be required to provide public notice as contemplated by Rule 10.3.3.b and 10.3.3.c. The Commission may determine that particular circumstances in a case require further notice and modification of the notice contained in Form 14-A or Form No 14.1. The Commission may also determine that public notice is required if the applicant seeks to change rates within the previously noticed revenue requirement.

W. Va. Code R. § 150-1-20 Change of Depreciation Rates

20.1. Each public utility subject to the jurisdiction of this Commission shall, with respect to any proposed change in its depreciation rates, and at least sixty (60) days prior to the last day of the month in which the accounts for which the effect of such change is first recorded, file with the Commission twelve (12) copies of the following information with respect to each depreciation rate proposed to change on or after the effective date of this rule:

20.1.1. A statement showing the class or subclass of plant to which the proposed changed depreciation rates are applicable, the effective date of the proposed change, the depreciation rates in effect immediately before and after such change, and the corresponding service-life, salvage and cost of removal estimates.

20.1.2. A general statement describing the method or methods employed in the development of the service-life, salvage and cost of removal estimates, and the reasons for the proposed change in the depreciation rate.

20.2. When the proposed change in depreciation rate applicable to any class or subclass of plant (1) amounts to twenty percent (20%) or more of the depreciation rate currently applied thereto, or (2) would have changed by one percent (1%) or more the aggregate annual depreciation charges for all depreciable plant if the new depreciation rate applicable to such class or subclass had been in effect during the preceding calendar year, the statements required in foregoing paragraph 20.1 shall be supplemented by copies of supporting data, calculations, and charts underlying the service-life, salvage and cost of removal estimates.

20.3. The foregoing statement shall be accompanied by an original and twelve copies of an exhibit, showing the expected net change in the annual depreciation charges resulting from the revised depreciation rates and indicating the basis of determining the expected net change.

20.4. A utility proposing such a change in depreciation rates may at the end of the sixty (60) day period put such changed depreciation rates into effect providing, however, that during the sixty (60) day period the Commission does not order the suspension of such depreciation rates and set a date for a hearing on the reasonableness of such change.

W. Va. Code R. § 150-1-21 Financial Condition to Accompany Petitions

21.1. Unless otherwise ordered by the Commission, whenever a petitioner or utility is required to state its financial condition, the statement shall include a detailed income statement, cash flow statement and comparative balance sheet for latest fiscal year.

21.2. Whenever a petitioner seeks authority for a transaction pursuant to Rule 10.7, 10.8, or 10.9, the petitioner shall file the following, if available:

21.2.1. Amount and class of stock authorized by the certificate of incorporation and by any other public authority;

21.2.2. Amount and class of stock issued and outstanding;

21.2.3. Terms of preference of all preferred stock;

21.2.4. Brief description of each mortgage upon any property of the applicant giving date of execution, name of mortgagor, name and address of mortgagee or trustee, amount of indebtedness authorized to be secured thereby, amount of indebtedness actually accrued, amount of principal outstanding, amount of interest due and unpaid, and brief description of mortgaged property;

21.2.5. Number and amount of bonds authorized and issued, giving name of issuing company, describing each class separately, giving date of issue, par value, rate of interest, date of maturity and how secured; and, if convertible debentures are authorized or outstanding, also the dates when the conversion privilege accrues and expires, and the securities into which and the rate at which conversion may be made;

21.2.6. Other indebtedness, giving name of classes and describing security, if any.

21.2.7. Amount of interest paid during previous calendar year and rate thereof; if different rates were paid, the amount paid at each rate; and

21.2.8. Rate and amount of dividends paid upon each class of stock during previous five years.

21.3. A reference in the petition to annual or other reports filed or to be filed with the Commission will not be deemed compliance with the provisions of this rule.

W. Va. Code R. § 150-1-22 Certified Copies

22.1. Withdrawal of papers.

No original paper in any case shall be withdrawn from the file, except upon order of the Commission.

22.2. Certified copies.

Certified copies of papers on file in the Executive Secretary's office may be obtained by any person desiring the same upon payment to the Executive Secretary of a copying fee plus a fee for certifying such copy, as established by the Executive Secretary’s office.

W. Va. Code R. § 150-1-23 Notice of Orders

23.1. The Executive Secretary shall serve copies of all orders issued by the Commission upon the parties of record by first class mail or by email if possible.

W. Va. Code R. § 150-1-24 Address

24.1. All official communications to the Commission and all correspondence in relation thereto should be delivered or mailed to:

Executive Secretary Public Service Commission of West Virginia 201 Brooks Street, P. O. Box 812 Charleston, West Virginia 25323-0812

W. Va. Code R. § 150-1-25 Utilities to Provide and Update Contact Information

25.1. Public utilities shall provide and continuously update the Commission’s Executive Secretary with any changes to the following:

Name of Utility.

Mailing Address (including street address and P.O. box).

Phone Number (a number for use during standard hours of operation as well as a number to be used when the utility’s office is closed).

Facsimile Number, if available.

Electronic mail (email) address of utility official responsible for receiving communications from the Public Service Commission.

W. Va. Code R. § 150-1-26 Checklist for Applications for Certificates of Convenience and Necessity for Water and Sewer Utilities

Whenever a public utility is required by statue to obtain a certificate of convenience and necessity from the Commission, the following information must be filed with a water or sewer application for a certificate of convenience and necessity. Water and Sewer utilities may apply for a waiver of any provision of this checklist for good cause, provided, that no application for a waiver will be considered by the Commission unless there is submitted therewith a full and complete justification for such action.

26.1. Application as per Form No. 4.

26.2. Verification as per Form No. 4 or Form No. 12.

26.3. Tariff Rule 20.1 et seq. (Historical Rule 42) Accounting information:

26.3.1. The Tariff Rule 20.1. et seq. (Historical Rule 42) exhibit presents the entire system at per books (if applicable) adjusted to going-level.

26.3.2. Subject to the requirements of Tariff Rule 20.1. et seq. (Historical Rule 42), non-project-related adjustments may be included in the revenue requirements of the certificate case. If the rate increase relating to non-project-related adjustments is proposed to go into effect prior to a rate increase relating to project-related adjustments, then the applicant must separately set forth the proposed increases.

26.3.3. For sewer projects only, the bill analysis included in the Tariff Rule 20.1. et seq. (Historical Rule 42) Exhibit shall clearly indicate a) the number of customers who are currently served by a private well source as well as the number of customers who are projected to be served by a private well source (if applicable), and the expected revenues from both types of customers, and b) the actual and estimated amount of uncollectible revenues related to current and proposed sewer customers who are well users only.

26.3.4. All adjustments related to the proposed project are presented at Pro-Forma.

26.3.5. Project related adjustments to operation and maintenance expenses shown in the Tariff Rule 20.1. et seq. (Historical Rule 42) exhibit must agree with, and be supported by, detailed engineering calculations.

26.3.6. Proposed rate structure in tariff form together with a class cost of service study supporting both the proposed rate structure and the proposed rates.

26.3.7. Existing rate structure (if applicable) in tariff form.

26.4. Facility plan or feasibility study (if applicable).

26.5. Agreements between applicant and other utilities (if applicable).

26.6. A project map(s) showing the location of each existing or prospective customer to be served by the project cross-referenced to a list of those same customers indicating which customers have signed contracts for service and paid connection fees, which houses and buildings are plumbed and which customers have a private water supply.

26.7. Proposed bond and/or municipal rate ordinances (as applicable).

26.8. Permits and/or approvals.

26.8.1. Letter from applicant stating that applications for all necessary permits and/or approvals have been made.

26.8.2. It is preferable that any required permits are granted prior to the final order, but if the permits are not available the certificate may be issued contingent on receipt of the permit.

26.9. Letters showing funding sources.

26.9.1. Privately owned utilities - statement of projected sources of funds for the project. If debt funds are included show the expected source and cost of debt.

26.9.2. Publicly owned utilities - documents showing with reasonable certainty the availability of funds for the project. The expected interest rate and term of any loans should be stated.

26.10. Interim financing information including funding sources. The expected interest rate and term of any loans should be stated.

26.11. Name, classification, and License No. of operator(s) (as applicable).

26.11.1. Identification of initial or additional utility personnel required for the project and/or estimated overtime hours, as the case may be.

26.12. Engineering report

26.12.1. Population projections (if not identified in preliminary report).

26.12.2. Number of existing, future and potential customers. Applicants shall mail single copies of signed user agreements for water projects to the Commission’s Engineering Division. The user agreements shall not be made a part of the case file.

26.12.3. Existing and estimated future water consumption or wastewater flows related to the project.

26.12.4. Design criteria and system hydraulic information.

26.12.5. Itemized construction and total project cost estimates which are no more than 1 year (12 months) old at the time of filing the certificate application.

26.12.6. Detailed operation and maintenance budget including supporting information and calculations.

26.12.7. Description of all maintenance requirements associated with the project.

26.12.8. Identification of need for renewal and replacement reserves.

26.12.9. Identification of need for the utility service to be provided, including supporting documentation such as enforcement actions from appropriate agencies.

26.12.10. Description of reasonably available alternatives that could fulfill the need, including present worth analysis of the capital, operation and maintenance expenses over the expected service life of each of the alternatives. Benefits and detriments of each alternative should be discussed. The selection of the preferred alternative should be explained.

26.12.11. If a third party is to provide water or sewage treatment service to the applicant, the filing should provide documentation from the treating entity that adequate capacity exists and provide projections demonstrating the expected life of such capacity. The applicant shall file the purchased services contract with this Commission.

26.12.12. Information concerning a change in operating times of existing treatment facilities that will result from the project.

26.13. Project plan drawings

26.13.1. One paper copy of the engineering design plans and project maps, or, one electronic copy of the engineering design plans and project maps in a format compatible with the Commission’s electronic technology.

26.13.2. The plans and maps should be drawn to scale and show line size, type, and length.

26.13.3. Identification/numbering of customers that have applied for service and identification of customers who may be served by the project.

26.13.4. Identification of property lines for customers to be served and location of utility service lateral stubs (sewer) or utility service lines and meters (water).

26.13.5. Water storage tank and booster station drawings.

26.13.6. Sewer lift station drawings.

26.13.7. Master metering location and detailed information.

26.13.8. Treatment facility drawings.

26.14. Specifications

26.14.1. Bid quantities.

26.14.2. Equipment sizing/specifications.

26.15. Maximum service elevation information.

26.16. Proposed Notice of Filing, in the form of the attachment to Form No. 14, attached hereto, for review by the Commission. Utilities are requested to also email the completed Form No. 14, and its attachment, to the Commission’s Executive Secretary in Word format. The utility shall not publish the notice of filing until directed to do so in a Commission order.

26.17. Copy of letter from utility providing thirty (30) day advance notice of filing pursuant to W. Va. Code § 24-2-11. If thirty (30) day notice was not required, a letter shall be filed by the public service district so stating.

26.18. If the proposed project requires modification of a public service district boundary, a statement of the status of the county commission process.

26.19. If the proposed project will infringe upon any other utility’s service area or affect any other utility financially or otherwise, a statement to that effect.

26.20. Status of State Historical Preservation Office compliance.

26.21. Statement showing when bids are anticipated to be let.

26.22. Other information as needed.

26.23. If the project has been approved by the West Virginia Infrastructure and Jobs Development Council, documentation stating the Infrastructure project number and the date of Infrastructure approval.

Form No. 1 Complaint Case No. , Complainant vs. , Defendant The complainant respectfully states that:

1. The defendant is an entity subject to the jurisdiction of the Public Service Commission engaged in the business of [state the public utility business of the defendant, i.e. gas, electric telephone, etc.] at ________________________________, in the State of West Virginia.

2. The defendant has violated the laws of the State of West Virginia or the rules of the Public Service Commission governing the defendant, in the following manner:

(a) [Here state concisely the matters complained of.]

(b) Here state the remedy you seek Wherefore, the complainant requests that the defendant be required to answer, and that, after due investigation, the Public Service Commission order the defendant to cease and desist from the wrongful conduct, and further order as the Public Service Commission of West Virginia deems necessary, reasonable and just.

Dated this day of , 20 Signature of Complainant Address City, State, Zip County email address Phone , Attorney, if applicable.

Subscribed and sworn before me this __________ day of _________, 20. [If Complainant is signing out-of-state, please use verification Form No.12.] [Out-of-state attorneys see Procedural Rule 4.1.4.a.]

Form No. 2 Answer Case No. , Complainant vs. , Defendant The above-named defendant, for answer (or, for answer in the nature of a cross petition) to the complaint in this proceeding, says that:

1. [Here state allegations of fact by way of admission, avoidance, or denial of the allegations of fact contained in the complaint, designating each paragraph, (a), (b), (c), etc.]

Wherefore, the defendant requests that the complaint in this proceeding be dismissed (or, requests affirmative relief as the facts alleged may justify).

(Signed) _________________________________________________ Signature of authorized representative of Defendant By _________________________________________________ Address _________________________________________________ County _________________________________________________ email address _________________________________________________ , Attorney, if applicable.

Subscribed and sworn before me this __________ day of _________, 20. [If Defendant is signing out-of-state, please use verification Form No.12]

Form No. 3 Application for Authority to Abandon Service Case No. _____________________________ ______________________________________ (Name of applicant)

Application for authority to abandon _____________________________________________ service at_____________________________________,________________________________.

The undersigned, engaged in the public utility business of operating ___________ __________________at _________________________________, within the State of West Virginia, with its principal office at __________________, applies to the Public Service Commission for authority to abandon the following service: [Here state the specifics of the nature and extent of the service to be discontinued.] at in ________________________ County, West Virginia, for the following reasons: [Here state facts to support this application.]

(Signed)_______________________________________________________ _______________________________________________ Subscribed and sworn before me this __________ day of _________, 20. [Out-of-state attorneys see Procedural Rule 4.1.4.a.]

Form No. 4 Application for a Certificate of Convenience and Necessity Application of __________________________________________________________________ for a certificate of convenience and necessity to _________________________________, ____________________________ at _________________________________________, in the County of ______________________________. ____________________________________________, the applicant herein, respectfully states:

1. The name and address of the applicant are ­­­________________ _______________________________________________________________________.

2. The applicant proposes to _____________________________________________ _______________________________________________________________________, at ___________________________, in the County of ____________________________, and furnish (city or town) ______________________________________________________ service.

3. Service is (is not) now rendered by an existing utility, corporation or person identified as _____________________________________________________________.

4. Attached is a copy of the certificate of existence issued by the Office of the West Virginia Secretary of State.

5. If applicable, the West Virginia Infrastructure and Jobs Development Council Project Number and date of Infrastructure approval: ___________________________________________________ _____________________________________________________ 6. A certificate should be issued for the following reasons: _________________________________ _______________________________________________________________________________________________________________________________________________.

NOTE: This application must be accompanied by information required by Tariff Rule 20.1. et seq. (Historical Rule 42). Water and Sewer utilities must include information required by the Checklist set forth in Rule 26 of the Commission’s Rules of Practice and Procedure.

Dated this _________day of ____________________________, ________.

(Signed) ______________________________________________________ _____________________________________________ Subscribed and sworn before me this __________ day of _________, 20.

Form No. 5 Application for Authority to Contract with Another Public Utility Application of ____________________________________________________, a public utility, for authority to operate its line or plant in connection with __________________________________ ______________________________________, a public utility (collectively, petitioners).

The petitioners state that:

1. The name and address of the petitioners are _____________________________________________ _____________________________________________________________.

2. [State the service rendered by the petitioners.]

3. [State detailed information regarding the proposed contract.]

4. [State the effect it will have upon the service of the petitioners.]

5. [The consideration to be paid for the service to be rendered under the contract is as follows: A copy of the written contract must be filed as an exhibit attached to the petition.]

6. [State whether any other utility will be affected by the proposed contract.]

7. [State why the petition should be granted.]

Dated this _________ day of _____________________________, _________ (Signed) _____________________________________________________ Subscribed and sworn before me this __________ day of _________, 20.

Form No. 6 Form of Petition for Purchase, Lease or Other Acquisition of Control of One Public Utility by Another Public Utility Case No. ____________________________________ Petition of ________________________________________________________ for the consent and approval to the (purchase, lease, etc.) of the ___________________________________________ _______________________________________________________________________. ____________________________________________, the petitioner herein states that:

1. The name and address of the petitioner are ___________________________________________ _____________________________________________________________.

2. The name and address of the utility whose property, etc., is sought to be acquired are __________________________________________________________________________________ _______________________________________________________________________.

3. The financial condition of the petitioner and of the utility whose property (or other) is sought to be acquired is ______________________________. [Petitioner will adhere to the provisions of Rule 21 and provide that information either as a part of its petition or as an attached exhibit.]

4. The petitioner desires to (purchase, lease, or other) the (franchises, licenses, property, other) at ______________________________________________, as follows:

a. [State the terms and conditions of the sale, lease, etc., with copy of any agreements attached as an exhibit to the petition.]

b. [State the effect of the proposed transaction upon the service of the parties thereto.]

c. [State the method of financing the proposed transaction.]

d. [State whether any other utility will be affected and, if so, in what respect.]

e. [State the reasons why the petition should be granted.]

Dated this __________ day of ______________________________, 20.

(Signed)_______________________________________________________ _____________________________________________ Subscribed and sworn before me this __________ day of _________, 20. [If Petitioner is signing out-of-state, please use verification Form No.12]

Form No. 7 Form of Petition for Assignment, Transfer, Lease, Sale or Other Disposition of the Franchises, Licenses, Permits, Plants or Business of a Public Utility to Any Other Person or Corporation Petition of _______________________________________________________________ for the consent and approval to the (assignment, transfer, sales, etc.) of the_______________________________ _____________________________________________________________________________to _____________________________________________________________________. ____________________________________, the petitioner herein states that:

1. The mailing address, phone number, fax number, and email address of the petitioner is ______________________________________________________________________________ ________________________________________________________________________.

2. The name, mailing address, phone number, fax number, and email address of the assignee, lessee, purchaser, other, are ____________________________________________________________________ ____________________________________________________________________________________.

3. The financial condition of the petitioner is ___________________. [Petitioner will adhere to the provisions of Rule 21 and provide that information either as a part of its petition or as an attached exhibit.]

4. The assignee, lessee, or purchaser is _________________________________________________ ________________________________________________________________________. [Give brief description of the assignee, purchaser, other, including the financial condition, if available, corporate history, etc.]

5. [State the franchises, licenses, permits, plants, equipment, business or other property sought to be assigned, sold.]

6. [State the terms and conditions of the proposed assignment, sale, lease, or other, with copy of the agreement attached as an exhibit to the petition.]

7. [State the effect of the proposed transaction upon the service of the petitioner.]

8. [State the method by which the proposed assignment, lease, sale, other, is to be financed.]

9. [State whether any other utility will be affected and, if so, in what respect.]

10. [State the reasons why the petition should be granted.]

11. [If less than all, or substantially all, of the transferor’s assets are being conveyed and the petition relates to specific pieces of property, state the accounting history of the franchises, licenses, equipment, other to be sold, assigned, or otherwise disposed, including the account numbers used, the original cost, and the date of purchase by the petitioner.]

12. [A brief statement of the history and corporate makeup and financial condition, if available, of the person corporation, or other, to whom the franchises, licenses, equipment, or other, are to be sold, assigned, or otherwise disposed of.]

Dated this _______ day of _________________________________, ______.

(Signed) _______________________________________________________ Subscribed and sworn before me this __________ day of _________, 20. [If Petitioner is signing out-of-state, please use verification Form No.12]

Form No. 8 Form of Petition for Approval of Consolidation or Merger of Public Utility Companies Petition of _____________________________________________________________________ for consent and approval to the merger or consolidation of the _____________________________ _____________________________________ of said companies into a new corporation to be known as _____________________________________________________________________________ ____________________________________________, petitioners herein state that:

1. The name and address of the petitioner are ___________________________________________ _________________________________________________________________________.

2. The financial condition of each of the petitioners is _____________________________________ _______________________________________________________________________. [Petitioners will adhere to the provisions of Rule 21 and provide the information either as a part of their petition or as an attached exhibit.]

3. [State franchises, licenses, permits, plants, equipment, business or other property that is the subject of the merger or consolidation.]

4. [State the terms and conditions of the proposed merger or consolidation, with copy of merger agreement attached as an exhibit to the petition.]

5. [State the effect of the proposed merger or consolidation upon the service of the parties thereto.]

6. [State the method by which the proposed merger or consolidation will be financed and add as a part of the petition, or as an attached exhibit, a statement in respect to each kind of securities or evidence of indebtedness to be issued as follows:

(a) Total number of shares authorized (b) Total number of shares to be issued (c) Par value per share (d) Total par value to be issued, or, without par value, the amount of the stated capital (e) Voting power (f) If preferred stock, state dividend rate, whether cumulative or participating, and terms of preference over other issues (g) If stock, or any part thereof, is to be held by the consolidated company or by an affiliate, trustee or other agency, state the name of such company, trustee or agency (h) Give the same information with respect to any bonds and other indebtedness or obligations of the new company (i) If the securities of the new company are to be exchanged for those of the merging companies, state in detail the method employed in evaluating each kind of security for exchange purposes.]

7. [State whether any other utility will be affected and, if so, in what respect.]

8. [Give a general statement of the physical property of each of the merging companies and the value thereof.]

9. [State the reasons why the petition should be granted and the name of the consolidated or merged company.]

(Signed) _______________________________________________________ Subscribed and sworn before me this __________ day of _________, 20. [If Petitioner is signing out-of-state, please use verification Form No.12]

Form No. 9 Form of Petition for Consent to and Approval of the Purchase by One Utility of the Stock and Bonds of Another Utility Case No. ______________________ Petition of ____________________________________________________________________________ for consent and approval to the purchase of the stock, etc., of ___________________________________ ________________________________________________________________________________________________________________, petitioner states that:

1. The name, mailing address, phone number, fax number, and email address of the petitioner are ____________________________________________ _________________________________________________________.

2. The name, mailing address, phone number, fax number, and email address of the public utility whose stock, etc., are to be purchased are ___________________________________________________ ________________________________________________________________________.

3. [State the kind, character, and description, in detail, and the amount, by classes, of the stocks, bonds, notes, or other, to be purchased.]

4. [State the price proposed to be paid for the items described in paragraph 3 and the terms and conditions of sale. If sale is by written agreement, a copy of the agreement must be attached to the petition as an exhibit.]

5. That the financial condition of the petitioner is _______________________. [Petitioner will adhere to the provisions of Rule 21 and provide the information either as a part of the petition or as an attached exhibit.]

6. [State the effect of the proposed purchase upon the service and rates of the petitioner and the utility whose stock, or other property, are sought to be acquired.]

7. [State the reasons why the Commission's consent and approval should be given to the proposed purchase.]

(Signed) _______________________________________________________ Subscribed and sworn before me this __________ day of _________, 20. [If Petitioner is signing out-of-state, please use verification Form No.12]

Form No. 10 Form of Petition for Consent and Approval To Enter Into Service Contract Between a Public Utility and an Affiliated Corporation, Person or Interest Petition of __________________________________________________________________ for consent and approval of a contract for management (or other) services, with_____________________ _______an affiliated ____________________________________, petitioner states that:

1. That the name , mailing address, phone number, fax number, and email address of the petitioner are ___________________________________________________________________________ _______________________________________________________________________.

2. That the name , mailing address, phone number, fax number, and email address of the affiliate with whom the petitioner desires to enter into a _______________ ________________ contract are ___________________ and that it is incorporated under the laws of the State of ____________________. [If a foreign corporation, attach to the petition as an exhibit a certified copy of the articles of incorporation.]

3. That _______________________________________, an affiliate of the petitioner, agrees to render the following services, property or thing: [State the nature and character of the services, property or thing to be rendered, in detail, and attach to the petition as exhibit a copy of the proposed contract.]

4. That in consideration of these services, the petitioner agrees to pay __________________________________________________________________________________the following: [State amount to be paid and terms thereof, in detail.]

5. That the financial condition of the petitioner and the affiliate, ___________________________, is ______________________________________. [Petitioner will adhere to the provisions of Rule 21 and provide the information either as a part of the petition or as an attached exhibit.]

6. [State the effect of the proposed arrangement on the service of the petitioner, and, if the affiliate is a utility subject to the jurisdiction of the Public Service Commission of West Virginia, the effect of the proposed arrangement upon its service.]

7. [State the reasons why the petition should be granted.]

(Signed) ______________________________________________________ Subscribed and sworn before me this __________ day of _________, 20. [If Petitioner is signing out-of-state, please use verification Form No.12 Form No. 11 Application for Consent in Advance or Exemption from The Requirements of Section 12, Article 2, of

Chapter 24 of the Code, as Amended Application of __________________________________________________________________ for consent in advance or exemption from the requirements of __________________________________ ___________________________________________________________________________________________________________________, petitioner states that:

1. That the name, mailing address, phone number, fax number, and email address of the petitioner are _________________________________________________________________________________ _______________________________________________________________________.

2. That the petition requests consent in advance or exemption from the requirements of subsection ________________________________ of section 12 of article 2 of chapter 24 of the Code, which reads _____________________________________________________________________________ for the following reasons:______________________________________________________________________ _______________________________________________________________________.

3. [State the effect thereof upon the service of the petitioner and any other utility operated in this state, if any.]

4. [State whether either party thereto is given an undue advantage over the other and the reasons therefore.]

5. [If consent in advance is requested to do any of the things provided for in Rules 10.4, 10.5, 10.6, 10.7, 10.8 and 10.9, the petitioner shall here insert such pertinent and applicable provisions set forth in the appropriate rule and form.]

(Signed) _____________________________________________________ Subscribed and sworn before me this __________ day of _________, 20.

Form No. 12 Verification [When required by a particular rule.]

Case No. __________________________ Case Name _________________________ State of __________________________________________.

County of _____________________________________, ss. _______________________________________________________________________[your name], the ________________________________________________________[complainant, petitioner, applicant] named in the foregoing Case Number. ____________________________________being duly sworn, says that the facts and allegations therein contained are true, except so far as they are therein stated to be on information, and that, so far as they are therein stated to be on information, he believes them to be true. __________________________________________ Affiant (Signature).

Taken, sworn to and subscribed before me this _____ day of _____________________, ________. __________________________________________ Notary Public in and for the State of _______________, County of __________________..

My commission expires on the _______ day of _____________________, ________. _____________________________________________ Notary SEAL Form No. 13 [Reserved]

Form No. 14 Entered by the Public Service Commission of West Virginia, in the City of Charleston on the _____ day of ____________, ______.

CASE NO. __________________ _________________________________________ _________________________________________

Application for a Certificate of Convenience and Necessity to construct _________________________________________________ _________________________________________________ _________________________________________________ COMMISSION ORDER On ______________, _____, the ___________________________________ _____________ filed an application, duly verified, for a Certificate to construct certain additions and improvements to the _________________________________________ system in __________________ County.

Pursuant to §24-2-11, West Virginia Code, IT IS ORDERED that the _________________________ give notice of the filing of said application, by publishing a copy of the attached Notice of Filing once in a qualified newspaper as provided in W. Va. Code §59-3-1 et seq., published and of general circulation in counties where service is provided, making due return to this Commission of proper certification of publication within thirty (30) days from the date of publication.

IT IS FURTHER ORDERED that within thirty (30) days of the date of this Order, ____ shall have completed the mailing of separate notices to each of its customers by one or a combination of the following methods: (i) inclusion of the Form No. 14 Notice of Filing as a bill insert; (ii) separately mailing the Form No. 14 Notice of Filing; or (iii) only for utilities that bill by postcard instead of in an envelope, and who elect not to separately mail the Form No. 14 Notice of Filing, inclusion of a statement on a postcard billing as follows: “This utility is seeking a rate increase. Details available in newspaper publications or at the utility office after [utility to insert date application filed with Commission] by calling [utility to insert utility office telephone number],” and the utility shall have made due return to this Commission of its affidavit as proper certification that the notice was provided. [Utility to insert the following if it has resale customer(s): IT IS FURTHER ORDERED that within thirty (30) days of the date of this Order ____ separately mail the Form No. 14 Notice of Filing to each of its resale customers, via certified mail, return receipt requested, and shall have made due return to this Commission of its affidavit as proper certification that the notice was provided.]

IT IS FURTHER ORDERED that in the absence of substantial protest received within the stated thirty (30) day period, the Commission may waive formal hearing and grant the application based on the evidence submitted with the application and the Commission’s review thereof.

FOR THE COMMISSION ________________________

Executive Secretary Attachment to Form No. 14 CASE NO. __________________ _________________________________________ _________________________________________ Application for a Certificate of Convenience and Necessity to construct __________________________________ __________________________________________ __________________________________________ NOTICE OF FILING On ______________, _____, the _____________________________ _____________ filed an application, duly verified, for a Certificate to construct certain additions and improvements to the ____________________________________________________ system in __________________ County. [Insert a general description of the project and the location of the project by reference to public highways or streets.] [Insert a list and description of the alternative project deductions and additions that the applicant intends to make in the event project modification becomes necessary]

The application is on file with and available for public inspection at the Public Service Commission, 201 Brooks Street, in Charleston, West Virginia.

The (Applicant) estimates that construction will cost approximately $. It is proposed that the construction will be financed as follows (state sources of funding here): _____________________________________ in the amount of $____; ____________________________________________________ in the amount of $; ____________________________________________________ in the amount of $________________; ___________________________________________________ in the amount of $______.

The utility anticipates charging the following __________ rates for its customers: [insert appropriate chart]

MINIMUM MONTHLY BILL for ______ [insert unit of measurement] $ ______ per month DELAYED PAYMENT PENALTY The above tariff is net. On all accounts not paid in full within twenty (20) days of the latest pay date, ten percent (10%) will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.

CONNECTION CHARGE (if applicable)

Prior to construction - $_______.

After construction passes the premises to be served, charge for connection to system - $_________. [If applicable] These rates represent the following non project-related increases to become effective prior to substantial completion of the project:

($)INCREASE (%)INCREASE

Residential ___________ ____________ Commercial ___________ ____________ Industrial ___________ ____________ Resale ___________ ____________ Other ___________ ____________ These rates represent the following project-related increases to become effective upon substantial completion of the project unless otherwise ordered:

($)INCREASE (%)INCREASE

Residential ___________ ____________ Commercial ___________ ____________ Industrial ___________ ____________ Resale ___________ ____________ Other ___________ ____________ (If no rate increase involved, concisely describe nature of filing)

Resale customers of __________________________________________ include ____________________________________________ (list all resale customers by name).

The proposed increased rates and charges related to the project will produce approximately $___________ annually in additional revenue, an increase of _______%. The total increase granted will not exceed this estimate unless further notice is provided.

The proposed increased rates and charges not related to the project will produce approximately $___________ annually in additional revenue, an increase of _______%. The total increase granted will not exceed this estimate unless further notice is provided.

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 among the various classes of customers are only a proposal and are subject to change (increases or decreases) by the Public Service Commission in its review of this filing.

Anyone desiring to protest or intervene should file a written protest or request to intervene within thirty (30) days following the date of this publication unless otherwise modified by Commission order. Failure to timely protest or request to intervene can affect your right to protest aspects of this certificate case, including any associated rate increases, or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or request to intervene. Requests to intervene must comply with the rules on intervention set forth in the Commission’s Rules of Practice and Procedure. All protests and requests to intervene should be addressed to Ingrid Executive Secretary, P. O. Box 812, Charleston, West Virginia 25323.

In the absence of substantial protest received within thirty (30) days of this publication, the Commission may waive formal hearing and grant the application based on the Commission’s review of the evidence submitted with the application.

Form No. 14-A Entered by the Public Service Commission of West Virginia, in the City of Charleston on the _____ day of ____________, ______.

CASE NO. __________________ (Reopened)

Application for a Certificate of Convenience and Necessity to construct _________________________________________________ _________________________________________________ _________________________________________________ COMMISSION ORDER On ______________, _____, the _____________________________ _____________ filed a petition to reopen this prior proceeding in which the Commission granted a Certificate to construct certain additions and improvements to the _______________________________ system in __________________ County.

Pursuant to §24-2-11, West Virginia Code, IT IS ORDERED that the __________________________ give notice of the filing of said application, by publishing a copy of the attached Notice of Filing once in a qualified newspaper as provided in W. Va. Code §59-3-1 et seq., published and of general circulation in counties where service is provided, making due return to this Commission of proper certification of publication within 30 days from the date of publication.

IT IS FURTHER ORDERED that within thirty (30) days of the date of this Order, ____ shall have completed the mailing of separate notices to each of its customers by one or a combination of the following methods: (i) inclusion of the Form No. 14-A Notice of Filing as a bill insert; (ii) separately mailing the Form No. 14-A Notice of Filing; or (iii) only for utilities that bill by postcard instead of in an envelope, and who elect not to separately mail the Form No. 14-A Notice of Filing, inclusion of a statement on a postcard billing as follows: “This utility is seeking a rate increase. Details available in newspaper publications or at the utility office after [utility to insert date application filed with Commission] by calling [utility to insert utility office telephone number],” and the utility shall have made due return to this Commission of its affidavit as proper certification that the notice was provided. [Utility to insert the following if it has resale customer(s): IT IS FURTHER ORDERED that within thirty (30) days of the date of this Order ____ separately mail the Form No. 14-A Notice of Filing to each of its resale customers, via certified mail, return receipt requested, and shall have made due return to this Commission of its affidavit as proper certification that the notice was provided.]

IT IS FURTHER ORDERED that in the absence of substantial protest received within the stated thirty (30) day period, the Commission may waive formal hearing and grant the application based on the evidence submitted with the application and the Commission’s review thereof.

FOR THE COMMISSION ________________________

Executive Secretary Attachment to Form No. 14-A CASE NO. __________________ (Reopened)

Application for a Certificate of Convenience and Necessity to construct _________________________________________________ ________________________________________________ ________________________________________________ NOTICE OF FILING On ______________, _____, in a prior proceeding the Public Service Commission granted the _____________________________ _____________ (Applicant) a Certificate to construct certain additions and improvements to the _______________________________ system in __________________ County. The ____________ now requests that the Commission authorize higher project-related rates than were previously approved. [Insert a general description of the project and the location of the project by reference to public highways or streets.]

The application is on file with and available for public inspection at the Public Service Commission, 201 Brooks Street, in Charleston, West Virginia.

The ______________________________(Applicant) originally estimated that the costs of its project would be $, but now estimates that the costs will be $ ______________.

The increased costs would be financed as follows (state sources of funding here): _____________________________________ in the amount of $; _____________________________________ in the amount of $; _____________________________________ in the amount of $; _____________________________________ in the amount of $.

The following chart shows the difference in rates that the utility anticipates charging its customers from those the Commission previously authorized: [insert appropriate chart of previously authorized and newly requested rates]

These rates are project-related increases to become effective upon substantial completion of the project unless otherwise ordered. The following chart indicates the average rate impact of the newly estimated rates over those previously noticed:

($)Increase (%)Increase Previously Previously Additional Additional Noticed Noticed ($)Increase (%)increase Residential ___________ __________ ___________ _________ Commercial ___________ __________ ___________ _________ Industrial ___________ __________ ___________ _________ Resale ___________ __________ ___________ _________ Other ___________ __________ ___________ _________ Resale customers of __________________________________________ include ____________________________________________ (list all resale customers by name).

The proposed increased rates and charges related to the project will produce approximately $___________ annually in additional revenue, an increase of _______%. The total increase granted will not exceed this estimate unless further notice is provided.

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 among the various classes of customers are only a proposal and are subject to change (increases or decreases) by the Public Service Commission in its review of this filing.

Anyone desiring to protest or intervene should file a written protest or request to intervene within thirty (30) days following the date of this publication unless otherwise modified by Commission order. Failure to timely protest or request to intervene can affect your right to protest aspects of this certificate case, including any associated rate increases, or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or request to intervene. Requests to intervene must comply with the rules on intervention set forth in the Commission’s Rules of Practice and Procedure. All protests and requests to intervene should be addressed to Ingrid Ferrell, Executive Secretary, P. O. Box 812, Charleston, West Virginia 25323.

In the absence of substantial protest received within thirty (30) days of this publication, the Commission may waive formal hearing and grant the application based on the Commission’s review of the evidence submitted with the application.

Form No. 14.1 This form is for use only in certificate applications filed by municipal utilities and other utilities subject to the rate setting procedures of W. Va. Code §24-2-4b.

Entered by the Public Service Commission of West Virginia, in the City of Charleston on the _____ day of ____________, ______.

CASE NO. __________________ ___________________________________, ___________________________________.

Application for a Certificate of Convenience and Necessity to construct COMMISSION ORDER On _______________, _________, the ______________________ filed an application, duly verified, for a Certificate to construct certain additions and improvements to the ____________________ __________________ system in __________________ County.

Pursuant to §24-2-11, West Virginia Code, IT IS ORDERED that the ______________________ ________________ give notice of the filing of said application, by publishing a copy of the attached Notice of Filing once in a qualified newspaper as provided in W. Va. Code §59-3-1 et seq., published and of general circulation in counties where service is provided, making due return to this Commission of proper certification of publication within thirty (30) days from the date of publication. [Utility to insert the following if it has resale customer(s) - IT IS FURTHER ORDERED that within thirty (30) days of the date of this Order __________________ separately mail the Form No. 14.1 Notice of Filing to each of its resale customers, via certified mail, return receipt requested, and shall have made due return to this Commission of its affidavit as proper certification that the notice was provided.]

IT IS FURTHER ORDERED that in the absence of substantial protest received within the stated thirty (30) day period, the Commission may waive formal hearing and grant the application based on the evidence submitted with the application and the Commission’s review thereof.

FOR THE COMMISSION ________________________

Executive Secretary Attachment to Form No. 14.1 This form is for use only in certificate applications filed by municipal utilities and other utilities subject to the rate setting procedures of W. Va. Code §24-2-4b.

CASE NO. ____________________ ________________________________ ________________________________.

Application for a Certificate of Convenience and Necessity to construct NOTICE OF FILING On ____________________, __________, the __________________________________ filed an application, duly verified, for a Certificate to construct certain additions and improvements to the ___________________ system in _____________________ County. [Insert a general description of the project and the location of the project by reference to public highways or streets.] [Insert a list and description of the alternative project deductions and additions that the applicant intends to make in the event project modification becomes necessary.]

The application is on file with and available for public inspection at the Public Service Commission, 201 Brooks Street, in Charleston, West Virginia.

The ____________________________ (Applicant) estimates that construction will cost approximately $. It is proposed that the construction will be financed as follows (state sources of funding here): ___________________ in the amount of $_____________ ___________________ in the amount of $___ ___________________ in the amount of $_________________ [For utilities without a project-related rate increase: The utility does not seek a rate increase in connection in this filing and will continue to charge the following current tariff rates.] [insert appropriate tariff schedules] [For utilities with a project-related rate increase: The utility anticipates charging the following rates, which [will be/have been/are in the process of being] enacted by City Council following municipal ordinance procedures.] [insert appropriate tariff schedules] [These rates represent the following project-related increases that [became/will become] effective pursuant to municipal ordinance.]

($) INCREASE (%) INCREASE

Residential _____________ _____________ Commercial _____________ _____________ Industrial _____________ _____________ Resale _____________ _____________ Other _____________ _____________ [If applicable - These rates represent the following non-project-related increases that [became/will become] effective pursuant to municipal ordinance enacted coincidental with the project-related rate increases.]

($) INCREASE (%) INCREASE

Residential _____________ _____________ Commercial _____________ _____________ Industrial _____________ _____________ Resale _____________ _____________ Other _____________ _____________ Resale customers of ___________________ include _________________________ (list all resale customers by name).

The rate increase related to the project [is producing/will produce] approximately $___________ annually in additional revenue, an increase of ___%. The rate increase not related to the project [is producing/will produce] approximately $ annually in additional revenue, an increase of ____________%. These increases [will be/have been /are in the process of being] enacted by City Council following municipal ordinance procedures and can be challenged only through a proper petition as set forth in W. Va. Code §24-2-4b.

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.

Anyone desiring to protest or intervene in the Certificate proceeding should file a written protest or request to intervene within thirty (30) days following the date of this publication unless otherwise modified by Commission order. Failure to timely protest or request to intervene can affect your right to protest aspects of this certificate case or participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or request to intervene. Requests to intervene must comply with the rules on intervention set forth in the Commission Rules of Practice and Procedure. All protests and requests to intervene should be addressed to Executive Secretary, P.O. Box 812, Charleston, West Virginia 25323.

In the absence of substantial protest received within thirty (30) days of this publication, the Commission may waive formal hearing and grant the application based on Commission review of the evidence submitted with the application.

Form No. 15 Commercial Solid Waste Facility Application for Certificate of Need Case No. __________________________ (leave blank)

Fax No. ______________________ 1. Applicant Name __________________________ Phone No. _______________ fax number __________, email address ______________ mailing address _____________________.

2. Name in which certificate of need will read (if different from No. 1).

3. Is proposed certificate holder a sole proprietorship ______, partnership ________, corporation ______, or limited liability company ______? (If holder is a corporation, attach list of stockholders owning five percent (5%) or more of the stock with addresses.)

4. Does proposed certificate holder hold any other authority from the Public Service Commission pertaining to operation of commercial solid waste facilities or solid waste collection companies? ______. If so, please describe.

5. Is application for new construction ____________, operation ________________, expansion ___________, or major modification __________________?

6. Location and address of proposed or existing facility, including phone and Fax numbers, and email address, if applicable: email address _________________________ Fax No. ____________________ _________________________________ Phone No. __________________ Street or P.O. Box ______________________________________________________________________ City County Zip 7. Describe the proposed and/or existing geographic area served by the facility. _________________________________________________________________ _________________________________________________________________ 8. What is the approximate number of proposed and/or existing customers served? ____________________________________________________.

7. What is the average monthly tonnage of solid waste which is presently being disposed of at the facility, if applicable?_________________________________ 10. What is the average monthly tonnage of solid waste which the applicant proposes to dispose of at the facility? ________________________________________ 11. What is the total monthly tonnage of solid waste for which the facility is currently authorized by the Division of Environmental Protection and the Public Service Commission, if applicable?_____________________________________________ 12. What is the total monthly tonnage of solid waste for which the applicant seeks Public Service Commission authorization?______________________________________ 13. What is the status of the applicant’s permit application at the Division of Environmental Protection, if applicable? (Attach copies of any permits or operating authority which has been issued by DEP to the applicant).

8. What is the projected lifespan of the facility? _________________________________________ 15. What are the current capacities and lifespans of any other solid waste facilities within the State of West Virginia with which the current or proposed facility competes or will compete for solid waste disposal business? __________________________________________________________ 16. Provide the name, address, phone number and Fax number of the person to whom requests for further information should be directed.

9. Provide any preliminary engineering studies addressing at a minimum the following areas: (a) cell life calculations; (b) pre-development and development cost estimates; (c) preliminary site plan.

Attention: This Application must be accompanied by financial data which conform with Tariff Rule 20.1. et seq. (Historical Rule 42) of the Commission’s Rules for the Construction and Filing of Tariffs.

(Signed) _____________________________________________________ Attorney WV Bar ID No._______________________________________________________________ Subscribed and sworn before me this _______day of __, 20.

Form No. 16 Commercial Solid Waste Facility Application For Certificate of Need And for Expedited Processing Case No.

(leave blank)

1. Applicant Name______________________Phone No. ____________________ Fax No. ___________________ email address ________________________ Contact Person ______________________________________ ___________________________________________________ Street or P.O. Box City County Zip 2. Is this application for a new certificate ________, operation ________, or major modification ______?

(Attach full description).

3. Name and address of proposed certificate holder, if different.

4. Describe the proposed and/or existing geographic area served by the facility, if different from area currently served. (Attach additional pages as necessary).

5. Will the new activity have any impact upon rates, upon the applicant, other commercial solid waste facilities, the applicant’s competitors, or the public? (Attach additional pages as necessary).

6. What is the number of proposed and/or existing customers served, if different from current customer base? _____________________________ 7. What is the average monthly tonnage presently disposed of, or proposed to be disposed of, at the facility? _______________________________ 8. What is the total monthly tonnage of solid waste for which the facility is permitted, and/or is seeking a permit from the Division of Environmental Protection? ____________________________________________________________________ 9. What is the status of the permitting process, if any, at the Division of Environmental Protection? _________________________________________________________ (Attach copies of any permits or operating authority issued by DEP).

(Signed) _____________________________________________________ Subscribed and sworn before me this _____day of _____________ , 20.

Form No. 17 Entered by the Public Service Commission of West Virginia in the City of Charleston on the ____ day of _______________, 20.

CASE NO.___________________ ____________________________ ____________________________ ____________________________

Application for a Certificate of Need.

NOTICE OF FILING

On ______________________________, _____________, the ___________________________ __________________________________ filed an application, duly verified, for a Certificate to construct ___________________________________________ at __________________ County. The application is on file with and available for public inspection at the Public Service Commission, 201 Brooks Street, in Charleston, West Virginia.

Rates are proposed as follows:

Residential MSW: ______________ per ton Commercial Waste: ______________ per ton Minimum Charge: ______________ Other: ______________ (attach additional explanation if necessary)

Pursuant to §24-2-11, West Virginia Code, IT IS ORDERED that the _______________________________________________________ give notice of the filing of said application, by publishing a copy of this order once in a qualified newspaper, published and of general circulation in each county in the wasteshed where the commercial solid waste facility is or will be located, as indicated in its certificate application and/or in its State Division of Environmental Protection permit, [and in a qualified newspaper that has statewide circulation,] making due return to this Commission of proper certificate of publication immediately after publication. Anyone desiring to protest or intervene should file a written protest or request to intervene within thirty (30) days following the date of this publication unless otherwise modified by Commission order. Failure to timely protest or request to intervene can affect your right to protest aspects of this certificate case, including any associated rate increases, or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or request to intervene. Requests to intervene must comply with the rules on intervention set forth in the Commission’s Rules of Practice and Procedure. All protests and requests to intervene should be addressed to the Commission’s Executive Secretary, P. O. Box 812, Charleston, West Virginia 25323.

IT IS FURTHER ORDERED that if no protests are received within the stated thirty (30) day period, the Commission may waive formal hearing and grant the application based on the evidence submitted with the application and the Commission’s review thereof.

Series 02 Rules for the Construction and Filing of Tariffs

W. Va. Code R. § 150-2-1 General

1.1. Scope. -- These rules govern the construction and filing of tariffs of public utilities in W. Va. subject to the jurisdiction of the Public Service Commission of W. Va. pursuant to W. Va. §§ 24-2-1, 24-2-4b and 24A-2-3.

1.2. Authority. -- W. Va. Code §§ 24-1-1, 24-1-7, 24-2-1, 24-2-2, 24-2-4a, 24-2-4b, 24-2-5, 24-2-7, 24-2-8, 24-2-9, 24-3-2, 24-3-5, 24A-1-1, 24A-5-2a, and 24A-5-2a.

1.3. Filing Date. -- December 14, 2021

1.4. Effective Date. -- January 13, 2022

W. Va. Code R. § 150-2-2 Change in Series, Application of Rules, Definitions and General Applicability

2.1. Change in Series -- This rulemaking reflects amendments and reenactment of W. Va. Code §§ 24-2-4b and 24A-5-2a pursuant to House Bill 4587 from the 2020 session of the West Virginia Legislature and House Bill 3129 from the 2021 session of the West Virginia Legislature.

2.2. Application of Rules -- If hardship results from the application of any Tariff Rule, or if unusual difficulty is involved in immediately complying with any rule, application may be made to the Commission for the modification of the rule or for temporary or permanent exemption from its provisions: Provided, that no application for modification or exemption will be considered by the Commission unless there is submitted therewith a full and complete justification for such action.

2.3. Definitions.

2.3.1. “LRR” stands for locally rate regulated.

2.3.2. “LRR Muni” is a municipal water or sewer operation that serves at least 4,500 customers and has annual combined gross revenues of $3 million or more from its separate or combined services.

2.3.3. “LRR Public Service District” is a public service district providing water or sewer service that serves at least 4,500 customers and has annual combined gross revenues of $3 million or more from its separate or combined services.

2.3.4. “written protest” or “written comment” means a protest or comment in writing that is submitted (i) by mail or hand-delivery to the Commission, or (ii) electronically through the internet website of the Commission.

2.3.5. “Exempt Muni/Power System” is a municipal electric power system or utility serving customers.

2.3.6. “Non-LRR Muni” is a municipal water or sewer operation that serves less than 4,500 customers or has annual combined gross revenues of less than $3 million from its separate or combined services.

2.3.7. “Non-LRR Public Service District” is a public service district providing water or sewer services that serves less than 4,500 customers or has annual combined gross revenue of less than $3 million or more from its separate or combined services.

2.4. Every corporation, firm, individual or municipality engaged in a public utility business as defined by W. Va. Code § 24-2-1 (other than common carriers) shall file with the Public Service Commission, in the Executive Secretary's office at Charleston, an original and six (6) complete copies of a tariff containing schedules of all its rates, charges and tolls and stating all its rules and regulations, and shall keep a copy of said tariff open to public inspection, as required by section 5, article 3, of said law, in substantially the form and manner hereinafter set out. If a concern furnishes more than one kind of service (water and electricity, for example), a separate tariff must be filed for each kind of service.

2.5. At the appropriate time, the Commission may require electronic filing of tariffs in addition to or instead of the requirements of Tariff Rule 2.4.

W. Va. Code R. § 150-2-3 Form and Size of Tariffs

3.1. All tariffs must be printed from type not smaller than 6-point or typewritten or reproduced on paper of good quality.

3.2. The pages of a tariff should be 8-1/2 x 11 inches in size.

3.3. Tariffs may be in pamphlet or book form. Utilities having a large number of schedules shall publish tariffs in loose leaf form using one side of the paper only with not more than one schedule to the page.

3.4. The front cover page of a tariff shall contain the following: (1) name of the utility and location of principal office, (2) statement of kind of service offered, (3) general statement of territory served, (4) date of issue and date tariff is to become effective, provided, however, that every tariff which contains rates, charges or regulations, effective upon a date different from the general effective date of such tariff shall show on its front cover page the following notation: "Effective ____________________________, _____. (Except as otherwise provided herein.)" or "(Except as provided on page ___________.)," (5) signature of the utility by the officer authorized to issue tariffs, and (6) identifying designation in the upper right corner as required by Tariff Rule 5.1.

3.4.1. In addition to the filing requirements contained in this section, an LRR-Muni filing a tariff shall include the following information:

3.4.1.a. Certification of the number of customers;

3.4.1.b. Certification of total annual revenue based on the most recent twelve-month period available;

3.4.1.c. A statement showing the number of customers and gross revenues from water operations, sewer operations or combined operations if applicable, by month, for the most recent twelve-month (12) period available; and

3.4.1.d. A copy of the municipal rate ordinance adopting the rate changes.

3.4.1.e. A LRR-Muni shall file the required information on Tariff Form No. 15 along with a copy of the adopted ordinance.

3.4.2. In addition to the filing requirements contained in this section, a LRR-Public Service District filing a tariff shall include the following information:

3.4.2.a. Certification of the number of customers;

3.4.2.b. Certification of total annual revenue based on the most recent twelve-month period available;

3.4.2.c. A statement showing the number of customers and gross revenues from water operations, sewer operations or combined operations if applicable, by month, for the most recent twelve-month period available; and

3.4.2.d. If the utility is a LRR Public Service District, include a copy of the governing board resolution adopting the rate change, or an affidavit that the tariff was submitted to the County Commission pursuant to W. Va. Code §16-13A-9(2)(E), and the County Commission took no action.

3.4.2.e. A LRR-Public Service District shall file the required information on Tariff Form No. 15 along with a copy of the approved governing board resolution.

3.4.3. For those municipalities and public service districts operating both water and sewer systems, customer counts should be made as follows:

3.4.3.a. Total number of water customers, plus

3.4.3.b. Total number of sewer customers,

3.4.3.c. Total number of customers.

3.4.4. If the utility is an electric, telephone or natural gas cooperative, it shall include a copy of the cooperative board resolution passed by the Board of Directors adopting the rate change.

3.5. The second and succeeding pages shall state, in order: all the rules and regulations of the utility; and rate schedules showing all rates and charges for the several classes of service. The pages shall include the name of the utility on the upper left corner of each page and the applicable sheet number on the upper right corner of each page.

3.6. The Executive Secretary of the Commission will furnish standard forms of tariffs on request. (See Tariff Form Nos. 3, 4a and 4b).

3.7. All water and sewer tariff schedules filed after the effective date of these rules will conform with Tariff Form Nos. 4a and 4b as to format, phrasing and style. A water or sewer utility should use only those provisions in the forms that apply to it. Provisions may be edited as needed to accurately reflect tariff information.

3.8. A utility shall file a tariff setting out any change in a rate, fare, classification, charge or rule or regulation that will become effective as ordered by the Commission or pursuant to law. A tariff that takes effect by order of the Commission shall state on its face that it is "Issued by authority of an order of the Public Service Commission of W. Va. in Case No. _____________________, dated _______________,."

W. Va. Code R. § 150-2-4 Contents of Schedules

4.1. Each rate schedule, in addition to a clear statement of all rates, must state the city, town, village or district in which the rates are applicable: Provided, however, that schedules applicable in a large number of communities must be accompanied by an accurate index by which each community in which the rates are applicable may be readily ascertained, in which case the applicability of a schedule may be indicated by reference to the index sheet. (Example: Applicable within the corporate limits of the city of Blank, or, see Sheet No. 2B for applicability).

4.2. Each rate schedule must state the class of service available under the rates stated therein. (Example: Available for residential service; Available for commercial service; Available for sales for resale service; etc., or, available for all purposes).

4.3. In a tariff in which a number of schedules are shown available for various uses, each schedule should be identified by a number or by a group of letters, and if by a group of letters the designation should be indicative of the class of service for which the schedule is available. (Example: Schedule No. 1, or, Schedule R, indicative that the schedule states residential utility rates).

4.4. When tariffs are filed in loose leaf form as required by Tariff Rule 3.3., each page should bear the P.S.C. W. Va. number of the tariff of which it is a part as required by Tariff Rule 5.1, the date issued and effective, and, in the upper right corner of the page, a further designation, such as "Original Sheet No. __.In case of a change in any page after original submission, the further designation should be "First Revision of Original Sheet No. 1, canceling Original Sheet No. 1, or Second Revision of Original Sheet No. 1, cancelling First Revision of Original Sheet No. 1, etc." Tariffs may further be divided into sections, and so designated, if required by their size and contents.

4.5. All schedules shall state whether a minimum charge applies and, if so, they must set out all such charges.

W. Va. Code R. § 150-2-5 Designation of Tariffs

5.1. All tariffs or tariff sheets must bear in the upper right corner of the front cover page the P.S.C. W. Va. number thereof. Subsequent tariffs must continue such designation in consecutive numerical order. Any subsequent tariff or tariff sheets must also show the P.S.C. W. Va. number of the tariff canceled, changed or modified by it.

W. Va. Code R. § 150-2-6 Filing Additional Schedules

6.1. Additional and supplemental rate schedules, and additional rules and regulations, may be filed by supplement to an existing tariff, if such tariff is in pamphlet form. Any supplement so filed shall be numbered consecutively and shall state the tariff supplemented by the P.S.C. W. Va. number of such tariff. Not more than five (5) supplements to a tariff may be in effect at any one time. Such additional schedules and rules and regulations may be filed in connection with an existing tariff which is in loose leaf form, by the filing of additional sheets or pages, designated in accordance with Tariff Rule 4.4.

W. Va. Code R. § 150-2-7 Change or Withdrawal of Rate Schedules or Regulations

7.1. No tariff or tariff sheets, or any provision thereof, may be changed, canceled or withdrawn except upon full compliance with these rules and the W. Va. Code.

7.1.1. When a utility ceases operation or discontinues all service with permission of the Commission, in conformity with the requirements of Chapter 24 of the W. Va. Code, it shall immediately notify the Executive Secretary of the Public Service Commission that it has ceased operation or discontinued service and request the withdrawal of its tariff, tariffs, schedules or supplements.

7.2. All tariffs or revisions, stating changes in any provision, shall use the following codes: (I) indicates an increase in rates, (D) indicates a decrease in rates, (N) indicates new rates or regulations, (O) indicates omissions, (C) indicates change in text of regulations and (T) indicates temporary rates and/or surcharges. All of the foregoing shall be accompanied by explanatory footnotes.

7.3. Changes in any provision of an effective tariff shall be filed with the Commission and put into effect, provided the filing requirements of these rules have been met:

7.3.1. By order of the Commission upon formal application by the utility, as provided by Rule hereof;

7.3.2. By issuing and filing on at least thirty (30) day notice to the Commission and the public a complete new tariff (or revised sheet of an existing tariff) stating all provisions and schedules it proposes to put into effect as provided by Tariff Rules 9.1 unless suspended by the Commission;

7.3.3. On the date of filing of a formal application by a Non-LRR Public Service District proposing a rate increase to result in an increase in gross revenues of less than twenty-five percent if the application meets the requirements provided in §150-2-13, Tariff Rules 13.1 et seq; or

7.3.4. On the effective date stated in a Non-LRR Muni ordinance if the ordinance results in an increase of less than twenty-five percent of the gross revenue of the Non-LRR Muni utility; or upon Order of the Commission granting a waiver of the suspension period under W. Va. Code § 24-2-4b(d)(2) or a waiver otherwise applicable under W. Va. Code § 24-2-4b(h). This Rule does not apply to an Exempt Muni/Power System.

7.3.5. Upon the effective date, consistent with statutory provisions, of rates proposed by a LRR Public Service District.

7.3.6. Upon the effective date, consistent with statutory provisions, of an ordinance of a municipal governing body approving proposed rates for an Exempt Muni/Power System or a LRR Muni.

7.3.7. Upon the effective date, consistent with statutory provisions, of an ordinance of a municipal governing body proposed for a Non-LRR Muni unless suspended by the Commission.

7.4. When a tariff is filed in loose leaf form as required by Tariff Rule 3.3, the provisions or rates stated on any sheet or page thereof may be modified or changed by the filing of a revision of such sheet or page in accordance with the provisions of Tariff rules 8.1 through 10.2 inclusive. Such revisions must be identified as required by Tariff Rule 4.4.

7.5. The burden of proof to show that the proposed rate, or the proposed change in rate, fare, classification, charge, or rule is just and reasonable shall be upon the public utility making application for such change.

W. Va. Code R. § 150-2-8 Change of Rates on Application Without Proposed Effective Date. This Rule Does Not Apply to Exempt Muni/Power System, Municipal or Cooperative Utilities, LRR Public Service Districts, and Public Service Districts utilizing the Process under Tariff Rule 13.1 et seq

8.1. A public utility desiring to modify, change, cancel or annul any of its rates, fares, classifications, charges, or rules and regulations, may file with the Commission its application and Tariff Form No. 2 as required by Tariff Rule 19.1, together with six (6) copies of the same, in the form prescribed by the Commission for that purpose. Such application shall set forth: the rates, charges, rules and regulations in effect; the proposed rates, charges, rules and regulations; if an increase or reduction in rates; proposed estimated annual effect on revenue; and the reason for the proposed change. The application shall be accompanied by the information prescribed by Tariff Rule 20.1 (Historical Rule 42). This rule does not apply to municipal or cooperative utilities, Exempt Muni/Power Systems, LRR Public Service Districts and Public Service Districts utilizing the process under Tariff Rule 13.1. et seq.

8.1.1. Within ten (10) days of filing its application the applicant shall give notice to its customers by: (i) posting a copy of its Tariff Form No. 8-A at the offices and places of business of the applicant in the territory affected thereby; (ii) publishing the first of two (2) publications of Tariff Form No. 8-A by Class II legal advertisement in a qualified newspaper of general circulation in each of the counties where service is provided; (iii) issuing a press release to a newspaper of general circulation in each county where service is provided and where its resale customers provide service, which contains the substance of Tariff Form No. 8-A; (iv) separately mailing Tariff Form No. 8-A to each of its resale customers, via certified mail, return receipt requested.

8.1.1.a. In addition to (i) through (iv) above, within thirty (30) days of filing its application the applicant shall have completed the mailing of separate notices to each of its customers by one or a combination of the following methods: (a) inclusion of Tariff Form No. 8-A as a bill insert; (b) separately mailing Tariff Form No. 8-A; or (c) only for applicants that bill by postcard instead of in an envelope, and who elect not to separately mail Tariff Form No. 8-A, inclusion of a statement on a postcard billing as follows: "This utility is seeking a rate increase. Details available in newspaper publications or at the utility office after "[applicant to insert date application filed with Commission] by calling [applicant to insert utility office telephone number]."

8.1.1.b. When not more than twenty (20) customers will be affected by a rate application proposed pursuant to Rule 8.1., none of the foregoing notice requirements set forth in Tariff Rule 8.1.1. shall apply, and, it shall be sufficient if printed notice in the form of Tariff Form No. 8-A is mailed by the utility to each of its affected customers either as a bill insert or as a separate mailing.

8.1.2. A certificate of posting, publication and separate mailing in the form of Tariff Form No. 6 shall be filed with the Commission to the effect that the posting, publication and separate mailing notice requirements of Tariff Rule 8.1.1. have been met.

8.1.3. If the application is set for hearing the applicant shall give notice of the hearing in the form of Tariff Form No. 9 or, in an alternate form attached to a Commission order, by making publication once a week for two (2) successive weeks, the first publication to be made not more than thirty (30) days nor less than fifteen (15) days prior to the date of the hearing, unless otherwise ordered by the Commission, in a newspaper of general circulation in each of the counties in which service is provided.

8.1.4. Unless otherwise ordered by the Commission, if notice was provided by newspaper publication, no rate change may become effective until the utility furnishes the Commission with a certificate of publication provided by the newspaper to the effect that Tariff Form No. 8-A has been published as required by this Rule. Unless otherwise ordered, certificates of publication regarding publication of Tariff Form No. 9 regarding notice of a hearing may be filed on the day of hearing.

8.1.5. The utility shall file additional copies of its application and attachments upon request of the Commission’s Executive Secretary.

8.2. (Historical Rule 19-A). Optional Rate Procedure for Small Utilities.

8.2.1. For the purpose of this section, a small utility shall be a utility with gross revenues less than $3,000,000 annually. Where a utility is affiliated with another utility, either through common ownership, management or otherwise, the total revenues of all the affiliates shall be considered. Where a utility is operating in more than one regulatory jurisdiction, the total revenues of all jurisdictions shall be considered. When a utility operates combined utility service, the total revenues of all services shall be considered.

8.2.2. No application shall be processed for a utility that has not filed its most recent Annual Report as required by applicable Commission Rules. Annual Reports that have been found to be unacceptable shall not be considered as properly filed.

8.2.3. Any qualified small utility desiring to proceed under this section shall file with the Commission its application and supporting financial data in the form of Tariff Form No. 11, together with Tariff Form No. 2 as required by Tariff Rule 19.1.

8.2.4. Any request for increased rates in conjunction with major construction and financing shall not be permitted under Tariff Rule 8.2. (Historical Rule 19-A), regardless of the size of the utility. This includes any project requiring approval of the Bureau of Public Health, Department of Environmental Protection, or any Federal Agency.

8.2.5. When the application is filed, the Commission shall issue a procedural order setting forth a date by which Commission Staff shall file a report setting forth its recommended rates based on Staff’s investigation of the applicant's earnings, revenue requirements, adequacy of rates, and quality of service.

8.2.6. After receipt of Staff’s report, the Commission will issue an order requiring notice of Staff’s proposed rates and attaching a completed Tariff Form No. 10. for the utility’s use when it provides notice to customers as required in Rule 8.2.7.

8.2.7. Upon receipt of the Commission's order requiring notice of Staff’s recommended rates, the applicant shall give notice to its customers of any rate or rates so recommended within ten (10) days of such receipt, by: (i) publishing Tariff Form No. 10 by Class I legal advertisement in a qualified newspaper of general circulation in each of the counties where service is provided and mailing Tariff Form No. 10 to each of its resale customers; or (ii) mailing, as a bill insert or separate mailing, Tariff Form No. 10 to each of its customers. The utility shall file a certificate of publication and mailing in the form of Tariff Form No. 6-B with the Commission to the effect that the requirements of Tariff Rule 8.2.7. have been met.

8.2.8. The Commission may, in its discretion, upon the receipt of written protest and upon written request for hearing filed by a customer or customers within the time period prescribed, schedule the matter for hearing. If a hearing is deemed necessary, the applicant will be required to give notice in the form of Tariff Form No. 9, which will be mailed to the applicant with the Commission's order. The applicant may make written request to place into effect interim rates set by the Commission pending disposition of the objection or protest. If no hearing is deemed necessary, the Commission may determine appropriate rates based on the Staff recommendation, information supplied by the utility and information supplied in written objections and protests.

8.2.9. Absent substantial protests, objections, or written requests for hearing within the time period prescribed, the Commission will issue an order acting on Staff’s proposed rates.

8.2.10. Nothing in this procedure shall prohibit an applicant from seeking additional rate relief through application as prescribed in Tariff Rules 8.1 or upon notice as prescribed in Tariff Rules 9.1 through 11.3.

8.2.11. Nothing in this procedure shall prohibit a customer of the applicant from pursuing any remedy normally available under the law within the jurisdiction of the Commission.

8.2.12. The intent of Tariff Rule 8.2. et seq. (Historical Rule 19-A) is to allow simplified rate filings and to enable the Commission's Staff to provide advice and assistance in the preparation of supportive financial data. The applicant is expected to cooperate with Staff to the fullest extent and to promptly comply with requests for information and preparation of schedules. Supporting records such as invoices, payroll records, billing data, and quarterly reports should be readily available in proper order for verification of the applicant's books.

W. Va. Code R. § 150-2-9 Change of Rates by a Public Utility on Notice with Proposed Effective Date Except for Public Service Districts utilizing the Process under Tariff Rule 13.1 et seq., Exempt Muni/Power Systems, Municipal Natural Gas Utilities, Municipal or Cooperative Utilities and LRR Public Service Districts

9.1. A public utility desiring to modify, change, cancel or annul any of its rates, fares, classifications, charges, rules and regulations as of a proposed effective date, may, in lieu of the procedure prescribed in Tariff Rules 8.1., proceed by issuing and filing with the Commission a new tariff setting out in full the rates, fares, classifications, charges, rules and regulations it proposes to follow in the future (or, for convenience, a revision of any of the sheets of an existing tariff, setting out the proposed rates, etc.) and giving the notice to the Commission and the public substantially as hereinafter prescribed. There shall be filed with the tariff or tariff sheets the information required by Tariff Rule 20.1. (Historical Rule 42), and Tariff Form No. 2 as required by Tariff Rule 19.1.

9.2. Unless otherwise ordered by the Commission, the effective date of a tariff shall be a date no sooner than thirty days after a utility files a tariff with the Commission.

W. Va. Code R. § 150-2-10 Statutory Notice to the Public of Filing by Public Utility to Change Rates with Proposed Effective Date

10.1. Tariff Rule 10.1 et seq. does not apply to public service districts electing to modify rates under Tariff Rule 13.1 et seq., Exempt Muni/Power Systems, municipal or cooperative utilities, and LRR Public Service Districts.

10.1.1. Notice to the public of a change of rates and charges or rules and regulations as of a proposed effective date, as provided in Tariff Rule 9.1, shall be given by the utility in the manner set forth in this rule.

10.1.1.a. The tariff or revised sheet stating the proposed rates, rules, regulations, etc. shall be exhibited at the offices and places of business of the utility in the territory affected for at least thirty (30) days prior to the date such tariff or revision is to become effective, in the manner required for the posting of tariffs by Tariff Rule 16.1 et seq.

10.1.1.b. Within ten (10) days of filing its application, the utility shall give notice to its customers by: (i) posting a copy of its Tariff Form No. 8 at the offices and places of business of the applicant in the territory affected thereby; (ii) publishing the first of two (2) publications of Tariff Form No. 8 by a Class II legal advertisement in a qualified newspaper of general circulation in each of the counties where service is provided; (iii) issuing a press release to a qualified newspaper of general circulation in each county where service is provided and where its resale customers provide service, which contains the substance of Tariff Form No. 8; and (iv) separately mailing Tariff Form No. 8 to each of its resale customers, via certified mail, return receipt requested.

10.1.1.c. In addition to (i) through (iv) above, the applicant shall, no later than fifteen (15) days prior to the proposed effective date of its tariff change, have completed the mailing of separate notices to each of its customers by one (1) or a combination of the following methods: (a) inclusion of Tariff Form No. 8 as a bill insert; (b) separately mailing Tariff Form No. 8; or (c) only for applicants that bill by postcard instead of in an envelope and who elect not to separately mail Tariff Form No. 8, inclusion of a statement on a postcard billing as follows: "This utility is seeking a rate increase. Details available in newspaper publications or at the utility office after [applicant to insert date application filed with Commission] by calling [applicant to insert utility office telephone number]."

10.1.1.d. When not more than twenty (20) customers will be affected by a tariff filing pursuant to Tariff Rule 10.1. none of the foregoing notice requirements shall apply and it shall be sufficient if printed notice in the form of Tariff Form No. 8 is mailed by the utility to each of its customers so affected, either as a bill insert or as a separate mailing.

10.1.1.e. A certificate of posting, publication, and separate mailing in the form of Tariff Form No. 6 shall be filed with the Commission to the effect that the posting, publication, and separate mailing notice requirements of Tariff Rule 10.1. have been met.

10.1.1.f. If the application is set for hearing the applicant shall give notice of the hearing in the form of Tariff Form No. 9 or, in an alternate form attached to a Commission order, by making publication once a week for two (2) successive weeks, the first publication to be made not more than thirty (30) days nor less than fifteen (15) days prior to the date of the hearing, unless otherwise ordered by the Commission, in a newspaper(s) of general circulation in each of the counties in which service is provided.

10.1.1.g. Unless otherwise ordered by the Commission, if notice was provided by newspaper publication, no rate change may become effective until the utility furnishes the Commission with a certificate of publication provided by the newspaper to the effect that Tariff Form No. 8 has been published as required by this Rule. Unless otherwise ordered, certificates of publication regarding publication of Tariff Form No. 9 regarding notice of hearing may be filed on the day of hearing.

10.2. The agent or representative of the utility in charge of an office or place of business shall give any information regarding said proposed rates and rules and regulations required of him by any customer or prospective customer or his agent, and shall permit said persons, or their agents, the opportunity to examine any of the tariffs of the utility at all reasonable hours.

W. Va. Code R. § 150-2-11 Filing Tariffs on Less than Statutory Notice

11.1. Unless otherwise provided in these rules, when a tariff or revision is issued with a proposed effective date that does not provide the Commission with thirty (30) day statutory notice, the tariff or revision is void, and the utility must give the Commission full statutory notice for any reissue of the tariff or revision. A tariff or revision that is received by the Executive Secretary too late to give the Commission the full thirty (30) day notice required by law will be returned to sender. Tariff Rule 11.1 through 11.3 do not apply to a public service district that elects to modify rates under Tariff Rule 13.1 et seq., Exempt Muni/Power Systems, municipal and cooperative utilities and LRR Public Service Districts.

11.2. Tariffs and revised sheets stating changes in rates or practices may be filed on less than thirty (30) day notice to the Commission and the public, under Section 4a, Article 2, Chapter 24 of the W. Va. Code, provided good cause is shown. In making application for permission to file tariffs on less than statutory notice the utility shall file Tariff Form No. 1.

11.3. When permission is granted to file a tariff or revision on less than statutory notice, the words "Effective on less than statutory notice by authority of an order of the Public Service Commission of W. Va. in Case No.___________________, dated __________,", shall appear thereon.

W. Va. Code R. § 150-2-12 LRR Public Service District Change of Rates

12.1. Within five (5) days after the adoption of a governing board resolution changing a utility rate or charge, an LRR Public Service District shall file with the Executive Secretary of the Public Service Commission:

12.1.1. The new rates or charges;

12.1.2. The applicable resolution;

12.1.3. If the LRR Public Service District provides service to a wholesale customer(s), it shall provide the justification for such governing board resolution, including an allocation of cost to provide service to the wholesale customer(s) and revenues to be generated by the new rates or charges;

12.1.4. Verification in the form of Tariff Form No. 6-A that the utility mailed a completed Tariff Form No. 14 to each of its wholesale customer(s) advising of the rate adopted by the governing board resolution and of the customer’s right to file a complaint with the Public Service Commission pursuant to W. Va. Code § 24-2-1(a)(6);

12.1.5. An affidavit of publication or photocopy of the utility's legal publication made pursuant to W. Va. Code §§ 16-13A-9(2)(B) and (C), 16-13-16 and any other applicable W. Va. Code provision published prior to adoption of the proposed rates; ; and

12.1.6. The information requested in section 3.4. to be included in Tariff Form No. 15.

W. Va. Code R. § 150-2-13 Non-LRR Public Service District Change of Rates of Less than Twenty-Five Percent of Gross Revenue on Notice or on Application and Electing Immediate Rate Implementation Subject to Refund as Authorized by W. Va. Code §24-2-4a

13.1. A public service district, other than a LRR Public Service District, desiring to modify, change, cancel or annul any of its rates, fares, classifications, charges, or rules and regulations so that a proposed rate increase is less than twenty-five percent of the gross revenue of the public service district, may file with the Commission a new tariff setting out in full the rates, fares, classifications, charges, rules and regulations it proposes to follow in the future (or, for convenience, a revision of any of the sheets of an existing tariff setting out the proposed rates, etc.). The public service district must file with its tariff sheets the information prescribed by Tariff Rule 20.1. (Historical Rule 42) and a completed Tariff Form No. 2 as required by Tariff Rule 19.1.

13.2. The public service district may place the proposed rates into effect upon the date of filing with the Commission provided that the public service district files with its rate application a certified statement in the form of Tariff Form No. 5 that: (i) the public service district published notice as a Class I legal advertisement stating the percentage increase in rates at least fourteen days prior to the date of filing, in a newspaper of general circulation in each county where it provides service; (ii) the rates proposed in the rate application constitute a rate increase over current rates that will result in a less than twenty-five percent increase in gross revenue as reflected in the Tariff Rule 20.1. (Historical Rule 42) Statement A, Schedule 1 as Total Sales; and (iii) the application is accompanied by the information prescribed by Tariff Rule 20.1. (Historical Rule 42). The public service district certified statement must be accompanied by a copy of the advertisement. The newspaper affidavit of publication may be filed at a later date.

13.3. The rates placed into effect under this section will be subject to refund based on further Commission investigation and review. If the Commission approves lower rates, the utility will be required to make customer refunds.

13.4. The Commission will not accept a public service district rate filing under §150-2-13, Tariff Rule 13.1 et seq. that is missing a complete certified statement described in Tariff Rule 13.2.

13.5. Opportunity for Public Service District to Request a Waiver.

13.5.1. A Non-LRR Public Service District filing new tariff sheets that propose a rate increase of twenty-five percent or more in gross revenues may apply for, and the Commission may grant, a waiver of the statutory suspension period and allow rates to go into effect on the date of filing subject to the requirements of Tariff Rule 13.5.2.

13.5.2. The Commission will not grant a waiver described in Tariff Rule 13.5.1. unless the public service district files the waiver request together with its Tariff Rule 20.1. (Historical Rule 42) information at least forty-five days in advance of its rate filing and includes with its request a certified statement: (i) of good cause for the waiver shown by a statement of insufficient cash flow to meet normal, ongoing cash requirements, including debt service and the need to produce a cash surplus that will provide the greater of required coverage, required renewal and replacement funds or a reasonable level of ongoing capital expenditures; (ii) that the public service district is filing with its waiver request the information prescribed by Tariff Rule 20.1. (Historical Rule 42); and (iii) of the date that the public service district will file its new tariff sheets with the Commission.

13.5.3. The Commission will deny a public service district waiver request filed under Tariff Rule 13.5.1. that is missing a certified statement as described in Tariff Rule 13.5.2.

13.5.4. Commission Staff will file its recommendation in response to the public service district waiver request within ten days after the waiver request is filed and the public service district shall have five days within which to respond to the Staff recommendation.

13.5.5. If the Commission denies the requested waiver, the public service district rate filing will be processed under either Tariff Rule 8.1 et seq. or Tariff Rules 9.1 and 10.1 et seq., whichever is applicable.

13.6. Within ten (10) days of filing its application the public service district shall give notice to its customers by: (i) posting a copy of its Tariff Form No. 8-A1 at the offices and places of business of the applicant in the territory affected; (ii) publishing the first of two publications of Tariff Form No. 8-A1 by Class II legal advertisement in a qualified newspaper of general circulation in each of the counties where service is provided; (iii) issuing a press release to a newspaper of general circulation in each county where service is provided and where its resale customers provide service, that contains the substance of Tariff Form No. 8-A1; and (iv) separately mailing Tariff Form No. 8-A1 to each of its resale customers, via certified mail, return receipt requested.

13.7. In addition to (i) through (iv) above, within thirty (30) days of filing its application the applicant shall have completed the mailing of separate notices to each of its customers by one or a combination of the following methods: (a) inclusion of Tariff Form No. 8-A1 as a bill insert; (b) separately mailing Tariff Form No. 8-A1; or (c) only for applicants that bill by postcard instead of in an envelope, and who elect not to separately mail Tariff Form No. 8-A1, inclusion of a statement on a postcard billing as follows: "This public service district filed for a rate increase and placed increased rates into effect on [insert date] subject to refund. Details available in newspaper publications or at the utility office by calling [insert utility office telephone number]."

13.8. When not more than twenty customers will be affected by a rate application proposed pursuant to Tariff Rule 13.1 et seq., notice requirements set forth in Tariff Rules 13.6. and 13.7. shall not apply, and it shall be sufficient if printed notice in the form of Tariff Form No. 8-A1 is mailed by the utility to each of its affected customers either as a bill insert or as a separate mailing.

13.9. The public service district will file with the Commission a certificate of posting, publication, and separate mailing in the form of Tariff Form No. 7 to the effect that the posting, publication, and separate mailing notice requirements of Tariff Rule 13.6 through 13.8 have been met.

13.10. If the application is set for hearing, the applicant shall give notice of the hearing in the form of Tariff Form No. 9a, or, in an alternative form attached to a Commission order, by making publication once a week for two successive weeks, the first publication to be made not more than thirty days nor less than fifteen days prior to the date of the hearing, unless otherwise ordered by the Commission, in a newspaper of general circulation in each of the counties in which service is provided. Unless otherwise ordered, certificates of publication of Tariff Form No. 9a regarding notice of a hearing may be filed on the day of hearing.

W. Va. Code R. § 150-2-14 Accelerated Rate Procedure for Gas, Water, Sewer, Electric Utilities, and Transfer Stations

14.1. (Historical Rule 30-B). The following accelerated procedure may be used by a natural gas, water, or electric utility for changing rates because of changes in the cost of natural gas, water, or electricity, purchased and/or transported for resale (hereinafter referred to as qualified costs). The following procedure is likewise available to a sewer utility for changing rates because of changes in costs of transportation and/or treatment of sewage (qualified costs). The following procedure is also available to a transfer station for increased tipping fees at a landfill.

14.1.1. Tariff Rule 14.1 et seq. does not apply to Exempt Muni/Power Systems, municipal and cooperative utilities and LRR Public Service Districts.

14.1.2. If any natural gas, water, electric or sewer utility or transfer station incurs increased qualified costs because of a rate change subject to the rate making jurisdiction of this commission, a federal regulatory commission, a municipality, or a county commission, such utility or transfer station may file amended tariff sheets, or, in the alternative, file a request for Commission Staff to recommend amended tariffs, to recover these increased costs. The effective date of any amended tariff sheets filed may not be prior to the date that the filing utility incurs such increased costs.

14.1.3. (Reserved)

14.1.4. As soon as possible after the filing of amended tariff sheets by the utility or transfer station pursuant to Tariff Rule 14.1.2., the Commission may issue an order allowing the amended tariff sheets to go into effect immediately, on an interim basis, subject to refund, on the condition that the utility or transfer station publish the notice attached to the Commission’s Order in the form of Tariff Form No. 8-B1, as a Class I legal advertisement, in a qualified newspaper of general circulation in each of the counties where it provides service. If substantial protests are received in response to the publication and the Commission finds, upon further review, that the interim rates are not justified, refunds will be ordered.

14.1.5. Following expiration of the notice period, the Commission will issue a further order adopting final rates

14.1.6. The Commission’s investigation of the reasonableness of the rate increase shall be limited to the increased qualified costs, and the level of rates necessary to recover such increased costs.

14.1.7. Any utility or transfer station invoking this procedure shall agree that any future reductions in qualified costs shall require a comparable reduction in rates effective with the date of the reduced costs. Any such reduction in qualified costs and/or any refunds received related to such costs shall be promptly reported to the Commission along with a proposed rate reduction and/or schedule of refunds to customers. The Commission shall investigate the reasonableness of the proposed rate reduction and/or schedule of refunds. Such investigation will be limited to the changes in qualified costs, the effective date of those changes, the level of rates necessary to reflect the changes in qualified costs and the amount and schedule for refunds to the utility’s or transfer station’s customers.

14.2. (Historical Rule 30-C). Purchased Gas Costs -- This rule sets forth a procedure for changing rates per Mcf charged to customers by natural gas distribution utilities based exclusively on the cost of purchased gas including gas purchased by a utility and related transportation for delivery to its customers adjusted for net current gas stored, net exchange gas, shrinkage due to processing, excessive unaccounted for gas and over or under cost recoveries. The Public Service Commission of West Virginia may interpret this rule if necessary and may require appropriate action based upon any such interpretation. The Commission reserves the authority under its general power to review any information filed under this rule and to order appropriate changes based on applications before the Commission. If any provision of this rule would result in undue hardship for a utility or its customers, the Commission may modify the application of this rule appropriately.

14.2.1. Application

14.2.1.a. Any change under this rule in the rates charged by a gas utility shall apply for a twelve-month period from November 1 through October 31. Each gas utility that requests an adjustment in its rates to reflect purchased gas costs shall submit a duly verified application on or before August 1. The application shall include proposed purchased gas cost recovery rates that reflect estimated purchased gas costs for the annual period beginning on November 1. The application shall also include a comparison chart showing current purchased gas cost recovery rates for each rate schedule, current purchased gas cost recovery rates, increment of increase or (decrease) in rates and the percentage of increase or (decrease) in rates. Furthermore, the application shall include a statement of actual purchased gas costs, cost over and under recovery and refund data for the twelve (12) months ending June 30, and such other supporting information as the Commission may require. The utility shall state separately the quantity and cost of each source of gas.

14.2.1.b. A gas utility that submits application under Tariff Rule 14.2.1. shall continue to submit a duly verified application in each subsequent year until the Commission orders otherwise. Each ratemaking division of a utility shall submit a separate application under this rule.

14.2.1.c. At the same time the Applicant files its application, it shall give notice to its customers in the form of Tariff Form No. 8-C by publication by Class II legal advertisement in a newspaper of general circulation in each of the counties where a majority of its customers reside. Provided, however, that when not more than twenty (20) customers will be so affected by the proposed change, it shall be sufficient within the meaning of this rule, if type written or printed notice is mailed by the utility to each of its customers so affected.

14.2.2. Estimated Purchased Gas Costs --

14.2.2.a. The Commission shall determine for the annual period for which a rate change is computed under this rule:

14.2.2.a.1. The estimated amount of purchased gas costs (Volume of purchased gas times average cost of purchased gas);

14.2.2.a.2. The estimated volume of purchased gas;

14.2.2.a.3. The estimated volume of sales;

14.2.2.a.4. The estimated total gas supply available (Total gas supply includes all purchased gas whether natural synthetic, liquefied natural, propane or other manufactured gas, net storage, net exchange or net borrowed gas, and gas produced by the utility).

14.2.2.b. Definitions.

14.2.2.b.1. "Unaccounted for gas" means the difference between total gas supply, net of measured company use and measured free gas, and total gas sales.

14.2.2.b.2. "Percentage of allowable unaccounted for gas" means for each utility or each rate making division of a utility the ratio of unaccounted for gas to total gas supply not in excess of the lesser of:

14.2.2.b.2.A. Actual percentage of unaccounted for gas for the twelve (12) month period ending June 30; or

14.2.2.b.2.B. 8% for utilities or rate making divisions of utilities with more than 2,000,000 Mcf annual sales, and 10% for all other utilities:

14.2.2.c. Reduction For Estimated Excess Unaccounted For Gas. The Commission shall reduce the amount of purchased gas costs by the cost of excess unaccounted for gas. The cost of excess unaccounted for gas shall be computed as follows:

14.2.2.c.1. Subtract the estimated volume of sales from estimated total supply available, net of measured company use and free gas, to obtain the total volume of estimated unaccounted for gas;

14.2.2.c.2. Divide the estimated volume of unaccounted for gas by the total supply available, net of measured company use and free gas, to obtain the percentage of unaccounted for gas;

14.2.2.c.3. Subtract the allowable percentage of unaccounted for gas from the estimated percentage of unaccounted for gas obtained in Tariff Rule 14.2.2.c.2. to obtain the percentage of excess unaccounted for gas (If the estimated percentage of unaccounted for gas is equal to or less than the percentage of allowable unaccounted-accounted for gas, no adjustment in the amount of purchased gas costs is made under this division);

14.2.2.c.4. Multiply the percentage of excess unaccounted for gas obtained in Tariff Rule 14.2.2.c.3. by the amount of purchased gas costs in Tariff Rule 14.2.2.a.1. to obtain the amount of excess unaccounted for gas costs by which such purchased gas costs must be reduced.

14.2.2.c.5. The difference between purchased gas costs and the amount of excess unaccounted for gas costs equals the amount of allowable purchased gas costs.

14.2.3. Over or Under Recovery of Purchased Gas Costs. The amount of allowable purchased gas costs determined in Tariff Rule 14.2.2. shall be increased or decreased by the amount of over or under recovery of purchased gas costs in the preceding period. Over or under recovery of purchased gas costs shall be computed as follows:

14.2.3.a. Actual Gas Cost. Within sixty (60) days after the end of each calendar month, each gas utility whose rates are adjusted under this rule shall report the following information for that month:

14.2.3.a.1. Actual quantity and cost of purchased gas received from suppliers;

14.2.3.a.2. Actual quantity and cost of all gas transferred to storage;

14.2.3.a.3. Actual quantity and cost of all gas withdrawn from storage;

14.2.3.a.4. Actual net settlement cost of exchange gas;

14.2.3.a.5. Actual cost of gas shrinkage (product of shrinkage volume multiplied by average unit cost of purchased gas processed);

14.2.3.a.6. Total gas sold in Mcf.

14.2.3.a.7. Add or subtract the cost amounts stated in Tariff Rule 14.2.2.c. 1 through 5 to obtain the net cost of gas. Divide the net cost of gas for the month by the total Mcf sold during that month to obtain the actual cost of gas per billing unit (Mcf).

14.2.3.b. Gross Over or Under Recovery of Purchased Gas Costs. Within sixty (60) days after the end of each calendar month, each gas utility whose rates are adjusted under this rule shall report its over or under recovery of purchased gas costs to the Commission. Over or under recovery of purchased gas costs shall be computed as follows:

14.2.3.b.1. Subtract the actual cost of gas per billing unit, as determined under Tariff Rule 14.2.3.a. during the month from the estimated cost per Mcf embedded in the rates authorized to be charged during that month under this rule;

14.2.3.b.2. Multiply the difference obtained in A. by the total sales in Mcf to which the rates authorized under this rule were applied in that month.

14.2.3.b.3. The over or under recovery amounts so obtained for each month shall be accumulated for the twelve (12) months ending June 30 to obtain an annual total over or under recovery of purchased gas cost.

14.2.3.c. Net Over Or Under Recovery Of Purchased Gas Costs. The cumulative over or under recovery obtained in Tariff Rule 14.2.3.b.3 shall be reduced by an amount computed as follows:

14.2.3.c.1. Divide the actual cost of purchased gas during the period by the total Mcf purchased during that period to obtain the average cost per Mcf of purchased gas;

14.2.3.c.2. Multiply the average cost obtained in A. by the total Mcf of unaccounted for gas in excess of the allowable percentage of unaccounted for gas for the period to obtain the total cost of excess unaccounted for gas;

14.2.3.c.3. Divide the volume of purchased gas by the total gas supply volume to obtain the percentage of purchased gas to total supply for the period.

14.2.3.c.4. Multiply the amount obtained in B. by the percentage obtained in C. to obtain the cost of excess unaccounted for gas attributable to purchased gas.

14.2.3.c.5. Subtract the amount obtained in D. from the gross over or under recovery for the period obtained in Tariff Rule 14.2.3.b.3. to obtain the net amount of cost over or under recovery in the preceding period to be recovered in the current period.

14.2.4. Purchased Gas Rate. The Commission shall divide the estimated cost of purchased gas as adjusted for excess unaccounted for gas and over or under recovery of costs, as provided in Tariff Rules 14.2.2. and 14.2.3., by the estimated total sales (Mcf) for the annual period for which a rate change is computed. The quotient so obtained shall be multiplied by (1(1-Tax)), where "Tax" equals the West Virginia B & O Tax rate effective on November 1 of the current period. The product so obtained shall equal the rate per Mcf to be rolled into the base rates of the utility for the current period. Purchased gas charges shall not be included in service charges or rates for zero usage.

14.2.5. Refunds. When any utility which has received an increase in its rates under this rule receives a refund of the charges of a supplier whose charges were the basis for the increased rates under this rule, the utility shall provide a credit on each customer's bill within 120 days after receipt of the refund. The credit shall return to the utility's customers the full amount of the supplier's refund including any interest received. The amount of credit for each customer shall be based upon that customer's consumption during the period for which the refund was awarded. Utilities shall report monthly by docket numbers the refunds received, refunds made, and current balances.

14.3. (Historical Rule 30-D). FERC Approved Wholesale Power Increases -- This rule sets forth a procedure for changing the rates per kilowatt hour (Kwh) charged to retail customers by non-generating electric utilities based exclusively on fuel cost allowances for suppliers of wholesale power approved by the Federal Energy Regulatory Commission. The Public Service Commission of West Virginia may interpret this rule if necessary and may require appropriate action based upon such interpretations. The Commission reserves the authority under its general power to review any information filed under this rule and to order appropriate changes based upon applications before the Commission.

14.3.1. Definitions

14.3.1.a. "FERC" means the Federal Energy Regulatory Commission.

14.3.1.b. "Non-generating electric utility" means an electric utility subject to the jurisdiction of this Commission whose sole source of electric power is the purchase of power from one or more wholesale suppliers.

14.3.1.c. "Adjustment period" means the twelve (12) consecutive calendar months during which a non-generating electric utility must charge the adjusted rate determined under this rule.

14.3.1.d. "Wholesale rate" means the rate per kilowatt hour charged by a wholesale supplier of electric power to a non-generating electric utility as approved by FERC.

14.3.1.e. "Fuel cost" means that portion of a supplier's wholesale rate specifically attributed by FERC to changes in the supplier's cost of fuel under the provisions of the federal fuel adjustment clause.

14.3.2. Application -- A non-generating electric utility which has not already filed an initial application under this rule may apply to the Commission for permission to change its rate per kilowatt hour based upon changes in the fuel portion of the wholesale rate charged by a supplier of power. The application shall be filed no later than 120 days prior to the first day of the adjustment period. The application shall state the actual fuel cost rate charged to the utility by each supplier of power in each of the six (6) months preceding the month in which the application is filed, the actual volume of power purchased from each supplier and the amount of power sold during such months, and such other information as the Commission may require.

14.3.3. Continuing Application -- If the Commission approves an initial application filed under this rule, the non-generating electric utility that filed the application shall file a similar application not later than 120 days preceding the first day of the next succeeding adjustment period and each succeeding adjustment period. A utility may cease filing applications for succeeding adjustment periods only with the prior approval of the Commission.

14.3.4. Notice and Authorized Tariff Changes -- The Commission shall require the utility to provide notice of the application. Following such notice, the Commission may hold a hearing and may authorize a change in the utility's tariff necessary to reflect fuel cost related changes in the wholesale rate paid by the utility for purchased power and shall reflect any cumulative under recovery or over recovery of fuel expense experienced by the utility in past periods under this rule, taking into consideration taxes and line losses as appropriate. Such authorization shall apply to rates charged by the utility during the adjustment period.

14.3.5. Exclusive Remedy -- A non-generating electric utility shall use the procedure provided in this rule rather than the procedure provided in Tariff Rule 14.1. (Historical Rule 30-B) to obtain interim changes in its tariff reflecting fuel cost related portions of the wholesale rate paid by the utility for purchased power.

14.4. SB 234 Cash Working Capital Fund. This rule sets forth the procedure for establishing a surcharge to replenish a cash working capital fund of a public service district. This method of replenishing the reserve is not mandatory and a public service district may follow normal procedures for obtaining a change in rates.

14.4.1. Public service districts that have previously established a SB 234 cash working capital reserve account may apply for a surcharge on an expedited basis to replenish the cash working capital reserve that has been depleted by extraordinary expenditures. The Commission will accept a proposed rate application requesting a cash working capital replenishment surcharge that contains: (i) a statement that the cash working capital reserve has been depleted by one or more extraordinary expenditures to less than the minimum required by statute; (ii) a description of the extraordinary expenditure(s); (iii) a schedule showing the most recently available working cash balance and balances for the preceding twelve months; and (iv) the basis for the calculation of the requested surcharge including the minimum reserve balance based on one-eighth of actual annual operation and maintenance expenses.

14.4.2. A public service district filing a rate application pursuant to this expedited procedure will be required by a Commission Notice of Filing Order to publish Tariff Form No. 8-B, as a Class I legal advertisement, in a qualified newspaper of general circulation in the county(ies) where the utility provides service. The surcharge will not go into effect until approved by the Commission.

14.5. The following accelerated procedure may be used by a qualified water utility for changing rates to recover operating costs necessary to comply with 42 U.S.C. §§ 300f, 300g, 300g-1 to g-6, 300h, 300h-1 to h-7, 300i, 300i-1, 300j and 300j-1 to j-9 (hereinafter the Safe Drinking Water Act or Act) or by a qualified sewer utility for changing rates to recover operating costs necessary to comply with W. Va. Code § 22-15-1, et seq. and regulations promulgated under W. Va. Code § 22-15-20(b), the Sludge Management Regulations, and subsequent amendments thereto.

14.5.1. For purposes of this rule, a qualified water or sewer utility shall be defined as a water or sewer utility which is subject to the rate setting requirements of W. Va. Code § 24-2-4a and which is either a Non-LRR public service district, or a small utility qualifying for treatment under Tariff Rule 8.2. (Historical Rule 19-A), or that serves 3,300 or fewer people.

14.5.2. If a qualified water or sewer utility incurs increased operating costs which are directly related to compliance with provisions of the Safe Drinking Water Act or the Sludge Management Regulations and the current rates of the utility are insufficient to cover such costs, the utility may petition for Commission approval of rates and charges designed to produce additional revenues to offset such increased operating costs. The utility shall be required to attest at the time of petitioning that its current rates are insufficient to cover such costs.

14.5.3. The Commission may investigate the justness and reasonableness of the new rates so sought by the utility and the issues in such investigation shall be limited to:

14.5.3.a. Whether the increase in operating costs is required due to provisions of the Safe Drinking Water Act or the Sludge Management Regulations;

14.5.3.b. Whether the current rates of the utility are insufficient to cover such increased operating costs.

14.5.3.c. Whether the increase in rates filed by the utility is no more than sufficient to offset such increased costs;

14.5.3.d. The effective date of such increased costs and the nature and permanency thereof; and

14.5.3.e. The possibility that the costs underlying the rate increase may decrease in the future, to the point that the utility should file, or be required to file, a subsequent decrease in rates.

14.5.4. The filing requirements of Tariff Rule 20.1. (Historical Rule 42) are waived for a rate filing under this rule, and the utility will not be required to provide information in its initial filing pertaining to any element of cost of service except the change in operating costs related to the Safe Drinking Water Act or Sludge Management Regulations. Any party to a proceeding implemented pursuant to this rule, other than the utility, may present evidence pertaining to any element of the utility's cost of service not related to the Safe Drinking Water Act or Sludge Management Regulations to demonstrate that the utility's current rates are sufficient to cover operating costs related to the Safe Drinking Water Act or Sludge Management Regulations. Nothing herein shall be construed as shifting the burden of proof as set forth in W. Va. Code § 24-2-4b. If the utility has received a Safe Drinking Water Act facilities sanitary survey or engineering report from the Department of Health, the report must be filed with the utility's petition under this rule. Further, any utility petitioning the Commission pursuant to this rule must have on file with the Commission a properly completed current annual report.

14.5.5. This rule is not intended to provide utilities the opportunity to increase rates due to increased operating costs that are not directly related to the Safe Drinking Water Act or Sludge Management Regulations. Furthermore, this rule is not intended to provide direct funding or to cover increased debt service for major capital improvements which are necessary to satisfy requirements of the Safe Drinking Water Act or Sludge Management Regulations and which require the Commission's approval of a certificate of convenience and necessity pursuant to W. Va. Code § 24-2-11.

14.5.6. Any utility which has implemented increased rates pursuant to this rule shall fund a separate bank account which shall be used solely to pay for those increased operating costs which have been approved by the Commission in a final order issued pursuant to this rule. The utility shall maintain sufficient records to readily disclose, on a monthly basis, the amounts collected and deposited into said account and the withdrawals from said account. These records shall also readily disclose the purpose and ultimate disposition of withdrawn funds and shall be subject to review by Commission Staff. Any excess accumulated in said account shall not be used for purposes other than those specifically approved by the Commission.

14.5.7. Within the disposition of a rate case affecting any utility which has received a rate increase pursuant to this rule, the Commission, in its discretion, may release the utility from the obligation to fund the separate account as required by the preceding paragraph.

14.5.8. When any utility which has increased its rates pursuant to proceedings under this rule experiences a decrease in the costs which were the basis for the increase or has, in any year, collected revenues pursuant to this rule in excess of related expenditures for that year, said utility shall report promptly to the Commission the amount of the reduced costs and/or excess collections. Whereupon, this Commission will conduct an investigation and issue such further rate and/or refund order as is determined to be appropriate. Unless otherwise ordered by the Commission, the issues and evidence for such investigation will be limited to:

14.5.8.a. The amount of the cost reduction and/or excess collection;

14.5.8.b. The effective date of the cost reduction;

14.5.8.c. The extent to which the utility shall amend or adjust its tariff to give effect to cost reductions and/or past or continuing excess collections; and

14.5.8.d. The extent to which, or if, the utility shall make refunds of past excess collections.

14.5.9. Any utility which invokes the proceedings under Tariff Rule 14.5.2. hereof shall be deemed to have consented in advance to the proceedings and requirements of Tariff Rules 14.5.6. and 14.5.7.

14.6. Accelerated Rate Filing Procedures for Interexchange Services -- This rule sets forth a procedure for telecommunication carriers seeking to implement new interexchange rates, new interexchange charges, new interexchange service offerings or interexchange service changes.

14.6.1. A telecommunications carrier seeking to implement a new interexchange rate, new interexchange charge, interexchange change of service offering and/or new service interexchange offering shall file a proper tariff with proper tariff notations reflecting such changes.

14.6.2. A telecommunication carrier seeking any of the changes delineated in Tariff Rule 14.6.1. above, must provide a notice period of not less than fourteen (14) business days by billing inserts to customers or by Class 1 legal advertisement in the carrier's affected service area.

14.6.3. Absent public protest or protest by the Commission’s Consumer Advocate Division, correctly filed, legally sufficient and properly noticed tariff changes shall not be docketed by the Executive Secretary's office unless Commission Staff finds that any proposed tariff change violates any of the following conditions:

14.6.3.a. Rates shall not be geographically deaveraged within a LATA;

14.6.3.b. Operator surcharges shall not exceed those of interexchange carriers having at least $1 million in annual gross revenues.

14.6.3.c. Surcharges shall not be permitted for carrier access by means of access code dialing.

14.6.3.d. All rules on terminations and liabilities shall be followed; or

14.6.3.e. Any other reason Staff finds sufficient to request that the filing be docketed.

14.6.4. When a filing seeking any of the changes delineated in Tariff Rule 14.6.1., above, is docketed, the docketing order shall suspend the filing for not longer than allowed by statute.

14.6.5. Promotions of less than ninety-one (91) days duration which affect interexchange services need not be tariffed.

14.6.6. Filings made pursuant to this section shall be accompanied by the following:

14.6.6.a. A cover letter giving a narrative description of the proposed tariff change(s);

14.6.6.b. A description of the notice given to the public. If a bill insert is used, it shall be included.

W. Va. Code R. § 150-2-15 Change of Ownership

15.1. In case of change of ownership or control of a utility, or when a utility or a part of its business is transferred from the operating control of one company to that of another, or when its name is changed, the company which will thereafter operate the utility business must use the rates, classifications and rules and regulations of the former operating company, (unless authorized to change by the Commission).

15.2. Within thirty (30) days after a change described in Tariff Rule 15.1., said utility shall issue and file in its own name the tariff of the predecessor utility then in effect and adopted by it, or such other tariff as it proposes to put into effect in lieu thereof, as prescribed in Tariff Rules 2.1 through 5.1. hereof with proper identifying designation. (Example: P.S.C. W. Va. No. 1 cancels P.S.C. W. Va. No. 1 of [insert predecessor utility]).

15.3. When a tariff or revision is issued by a utility in compliance with Tariff Rule 15.2, which states the rates, rules and regulations of the predecessor utility without change in any of the provisions thereof, the same may be filed without notice, but when such tariff or revision states any change in the effect of the rates, rules and regulations of the predecessor utility, such tariff or revision shall be subject in all respects as to filing and notice as required by these Rules.

W. Va. Code R. § 150-2-16 Posting Tariffs

16.1. Every utility shall provide a suitable table or desk in its principal office or offices located in the state where the utility shall make available to the public at all times the following:

16.1.1. A copy of all effective tariffs and supplements with the Commission's filing date stamped thereon, setting out its rates, fares, classifications, charges, rules and regulations, together with forms of contracts and applications applicable to the territory served from that office or place of business.

16.1.2. A copy of Chapter 24, W. Va. Code.

16.1.3. A copy of the rules for the government of such utility, the Rules of Practice and Procedure and the Rules for the Construction and Filing of Tariffs adopted by the Public Service Commission.

16.1.4. A suitable placard, in large type, giving information to the public that said tariffs, rules and a copy of the law are kept there for public inspection.

16.2. In addition to the foregoing requirements, operators of ferries shall keep posted, in a conspicuous place at each landing, a complete copy of all effective tariffs.

W. Va. Code R. § 150-2-17 Filing Special Contracts

17.1. (Historical Rule 39). Every utility must file with the Executive Secretary an original and six (6) copies of all special contracts entered into governing the sale by it of electric, water, sewer, gas, telephone, telegraph or other public utility service. The provisions of the rules herein set out for tariffs containing rates, rules, etc., shall apply to the rates and schedules set out in said contracts, so far as they are practicable.

W. Va. Code R. § 150-2-18 Withdrawing Tariffs

18.1. Every utility desiring to withdraw or cancel any tariff, rates, schedule, etc., under which no customer is receiving service, may do so by making application to the Commission setting forth its reasons for withdrawing or canceling said tariff, rate or schedule. Except in the case of Exempt Muni/Power Systems, LRR Muni and LRR Public Service Districts, the Commission may refuse or grant said request.

W. Va. Code R. § 150-2-19 Report of Tariff Changes

19.1. All public utilities, except railroads other than street railroads, filing tariffs or revisions to tariffs changing any rate, charge, or rule shall, at the time said tariff or revision to tariff is submitted for filing, file with the Executive Secretary of the Commission a statement, in writing, showing the name and address of the utility, the tariff or revision sheet issued, change, reason for change, approximate annual reduction or increase in revenue, the locations and number of customers affected by said tariff change, and the manner in which they are thereby affected, in the form of Tariff Form No. 2, which form will be forwarded to any public utility for its use upon request. This rule does not apply to Exempt Muni/Power Systems, municipal utilities and LRR Public Service Districts.

W. Va. Code R. § 150-2-20 Information to be Submitted with Filing of Tariff or Application to Initiate or Change Rates

20.1. (Historical Rule 42). The information required by this rule represents the MINIMUM data that must accompany all tariff filings, applications for authority to change rates and charges or applications for approval of initial rates unless the Commission grants a waiver of this requirement or the filing is exempt as provided herein. If a utility fails to comply with this rule the tariff filing or application may be dismissed by the Commission. Each utility, at the time it files a tariff or application for initial rates or changes in rates shall present the proposed tariff, schedules and exhibits upon which it intends to rely in support of its application or filing. Such tariff schedules and exhibits shall include, but not necessarily be limited to, the minimum requirements outlined in Statements A to G, inclusive. A utility should be fully prepared to explain and support its application on the date of filing. Filing of testimony in support of the application is permitted on the date of filing. If testimony is not filed with the tariff filing or application, the Commission may require the filing of testimony in support of the filing.

20.1.1. Deletion of any required schedule as outlined in this rule may cause the Commission to dismiss the tariff filing.

20.1.1.a. Provided, this rule may be waived for good cause where the proposed tariff provision has a de minimis financial impact, change in practices, a rate reduction, or removal of an obsolete rate or provision. Requests for waiver for good cause in these categories shall be accompanied by explanatory information including the reasons for the proposed change; the class or classes of customers affected; the net financial effect of the proposed change; and a verification of such information by an appropriate company official.

20.1.1.b. Provided further, the provisions of Tariff Rule 20.1. et seq. (Historical Rule 42) shall not apply to filings to institute: (1) bad check charges, (2) delayed payment penalties, (3) disconnect and reconnect charges, (4) private fire protection fees, (5) leak adjustment rates, (6) storm water surcharges, (7) for sewer utilities only, unusual waste surcharges, (8) charges for optional services which have no adverse impact on customers who do not choose to use the new service; and (9) accelerated rate proceedings allowed under these rules.

20.1.1.c. Provided further, that the Tariff Rule 20.1. (Historical Rule 42) information filed by a public service district need not include Statement A, Schedule 3, Statement A, Schedule 5, and Statement B and the Statement B schedules. The Statement C, Amortization Schedule may be limited to annual (not monthly) data for the test year and subsequent years for which the annual total principal and interest requirements change. Furthermore, the following modifications apply to Tariff Rule 20.1. (Historical Rule 42) information filed by public service districts:

20.1.2. Statement C, Amortization Schedule(s) -- If the total annual principal and interest payments are levelized over the life of the bonds, it shall be sufficient to show the levelized payment amount with a notation that the amortization is levelized over the life of the bonds;

20.1.3. Statement C, Bond Documents -- If the public service district filed final bond ordinances or agreements in a prior Commission rate case(s), it shall be sufficient to provide a notation regarding the prior filing(s); and

20.1.4. Statement F, Schedule 2 -- In lieu of a standard Sources and Uses of Funds with reconciliation to increases and decreases in asset and liability accounts, the public service district shall use this schedule to show the cash flows under present and proposed rates based on the going-level and proforma income statement accounts and debt service requirements, and the level of coverage and cash surplus available to meet capital expenditure requirements under present and proposed rates. The public service district shall provide an additional page or pages to this Schedule showing historical nominal capital expenditures for construction, funds provided by debt, grants or other contributions in aid of construction, over the past five years. The net expenditures funded from internal cash flow should be adjusted to a real basis into the first year new rates will be in effect using a reasonable and fully explained inflation factor. The annual average of the inflation adjusted net capital expenditures will be the basis for determining revenue requirements unless adjustments are proposed and supported by any party to the case. If the public service district represents that it has additional capital requirements above the historical levels, the district shall also provide quantification and justification for additional capital expenditures above the historical, inflation adjusted average.

20.1.5. Utilities that are political subdivisions of the state must maintain a minimum cash working capital reserve that is no less than one-eighth of its actual annual Operation and Maintenance Expenses. Any utility that is a political subdivision of the state and that is subject to the initial ratemaking jurisdiction of the Commission or may be subject to a Commission review of rates established by its governing bodies, shall, at the time it files its tariff application for initial rates or change in rates, or, in the case of a locally rate regulated utility, at the time it files information supporting a rate change approved by its governing bodies, clearly set out the increment, if any, included in its proposed rates that will be used to fund its statutory minimum cash working capital reserve in compliance with W. Va. Code § 24-1-1(k), and the derivation of that rate increment. The utility may propose any method of achieving and maintaining no less than the required minimum cash working capital reserve that may include but is not limited to, a combination of a loan or loans, a grant or grants, and funding the reserve through an initial or continuing rate increment.

20.2. Test Period: Actual audited or finally closed experience for the most recent 12 month period ending on a calendar quarter available shall be used in preparing Statements A to G, inclusive. All adjustments for known and measurable changes in revenues and costs shall be clearly and fully explained. If the utility has been in operation less than twelve (12) months, estimates covering the period in which actual experience was not available, may be used in preparing the statements. The bases, procedures and data used to prepare such estimates shall be submitted in such detail as to permit ready analysis of the estimates.

20.2.1. Filings shall be in such form and content so as to provide the Commission sufficient information with which to evaluate the request of the applicant. Information shown in the financial statements (prior to adjustments) shall originate from the applicant's general records (general ledger and/or subledgers).

20.2.2. The information required by this Rule shall be furnished as a minimum requirement. Other information shall be provided as deemed appropriate by the applicant or as requested by the Commission.

20.2.3. An original and six (6) copies of the filing shall be submitted to the Commission. Additional copies shall be supplied to the Commission upon the request of the Commission’s Executive Secretary.

20.2.4. An Investor owned utility shall include a copy of its most recent annual report to stockholders with its filing. The most recent annual report to stockholders of its parent company shall also be filed.

20.2.5. The format for financial statements and supporting schedules shown in this rule must be followed.

20.2.6. The prescribed forms of statements and supporting schedules for utilities whose operations do not require apportionment of cost of service between jurisdictions are contained in Tariff Form No. 42.

20.2.7. The prescribed forms for multi-jurisdictional utilities are contained in Tariff Form No. 42-MJ.

20.3. Statement A -- Statement of Income 20.3.1 This statement develops the net income (loss) for the test year upon which the need for rate relief is to be measured. Statement A is a summary statement and must be supported by detailed schedules as provided herein.

20.3.1.a. Per books data shown on this statement as well as on supporting schedules must agree with the company's books of account.

20.3.1.b. Accounting adjustments should be used to correct accounting errors.

20.3.1.c. Going-level adjustments should be used to annualize the effect of significant changes that occurred during the test year but which were not reflected for the full twelve month period, and to reflect the effect of known and measurable changes in revenue and expense levels following the end of the test year. Consideration of items treated differently for ratemaking purposes than for bookkeeping purposes should also be reflected as going-level adjustments.

20.3.1.d. Pro forma adjustments should be used only to reflect the effect of the proposed rates on revenues and any related expense changes.

20.3.2. Statement A -- Schedule 1. This schedule details operating revenues shown on Statement A. Revenues must be shown by account number.

20.3.3. Statement A -- Schedule 2. This schedule details operating expenses shown on Statement A. Expenses must be shown by account number.

20.3.4. Statement A -- Schedule 3. This schedule will show depreciation expense as reflected on the utility's books for the test period and any accounting or going-level adjustments that are appropriate. The going-level depreciation expense must be supported by a detailed calculation showing average test year plant balances, annual depreciation rates approved by this Commission and the annual depreciation resulting from such plant balances and depreciation rates, and the amount of depreciation accrued per books.

20.3.4.a. Changes in depreciation rates that have been previously approved by the Commission but that were not fully reflected in test year depreciation would result in proper going-level adjustments; however, filings under this rule should not reflect changes in depreciation rates not submitted for the Commission's approval in a separate filing.

20.3.5. Statement A -- Schedule 4. This schedule must detail by type and state all taxes other than state and federal income taxes. Federal taxes, other than income, must also be shown on this schedule.

20.3.6. Statement A -- Schedule 5. This schedule will contain the detail of the calculation of state and federal income tax for the test year as well as at adjusted levels. For corporations the per books adjusted tax calculation must contain detail of each statutory adjustment assuming all provisions that would be applicable during company’s normal tax year would also apply to the test year. If there is any difference between the current provision for state or federal income tax as calculated on this schedule and the income tax recorded on the books for the test year such difference must be fully explained in an attachment to this schedule.

20.3.6.a. Any utility which participates in a consolidated state or federal income tax return must disclose such participation on this schedule. Savings arising from the filing of a federal consolidated tax return shall, for purposes of rate consideration before this Commission, be stated as a percentage of tax on a separate return basis. When a consolidated and/or multi-jurisdictional state tax return is applicable, the calculation of the tax liability must be included on the face of the statement or as a separate schedule.

20.3.6.b. If (because of "normalization" of timing differences between book and tax deductions, deferral of tax credits or any other reason) the provision for state or federal income tax calculated at going-level and/or proforma is different than a "flow through" calculation the effect of the difference must be fully disclosed and clearly explained on this schedule.

20.3.6.c. Supplemental sheets to this schedule must be filed containing pertinent data from consolidated state and federal income tax returns for the five most recent tax years available. Information required on such supplemental sheets must include the following:

20.3.6.d. A listing showing the name of companies participating in each consolidated return and the contribution of each company to the consolidated taxable income or (loss).

20.3.6.e. Operating loss carry forwards (or carry backs) included in each company's consolidated basis taxable income.

20.3.6.f. Capital gains and/or (losses) included in each company's consolidated basis taxable income.

20.3.6.g. Total state and federal income tax for the consolidation.

20.3.6.h. Tax on capital gains and/or (losses) included in total consolidated tax. This data should be detailed for each company.

20.3.6.i. Difference between depreciation expenses included for tax purposes and book straight line depreciation.

20.3.6.j. Taxable income on a separate return basis for each company and a reconciliation of the differences between taxable income on a separate return and consolidated return basis.

20.3.7. Statement A - Schedule 6 -- This schedule must detail other income shown on Statement A. Other income must be shown by account number and classification set out in the applicable uniform system of accounts prescribed by this Commission.

20.3.8. Statement A - Schedule 7 -- This schedule must detail other income deductions shown on Statement A. Other income deductions must be shown by account number and classification set out in the applicable uniform system of accounts prescribed by this Commission.

20.4. Statement B - Average Rate Base -- This statement is a summary of the rate base components detailed in supporting schedules to Statement B. Publicly owned water and sewer utilities are not required to file Statement B and its supporting schedules. The average balance for each rate base component shall be determined by totaling the balance at the beginning of the test year and the balance at the end of each month of the test year and dividing such total by thirteen. An average rate base must be developed and filed as a part of the financial data required by this rule. Departure from the development of an average rate base or inclusion of items not specifically shown herein shall be unacceptable; however, such departures may be shown in supplemental exhibits which must be filed in a separate addendum to the financial data prescribed herein. Any such exhibits should include a complete description of the proposed departure from prescribed rate base development and a clear explanation of the underlying reasons indicating justification for such departure.

20.4.1. Statement B - Schedule 1 -- This schedule provides a detail of Utility Plant in Service by account number and classification prescribed by this Commission in the applicable uniform system of accounts. Adjustments should be individually listed (as indicated in the prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.2. Statement B - Schedule 2 -- This schedule provides a detail of plant held for future use by account number and classification prescribed by this Commission in the applicable uniform system of accounts. Adjustments should be individually listed (as indicated in the prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.3. Statement B - Schedule 3 -- This schedule provides a detail of Unclassified Plant. Adjustments should be individually listed (as indicated in the prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.4. Statement B - Schedule 4 -- This schedule provides a detail of Construction Work in Progress -- Completed by account number and classification prescribed by this Commission in the applicable uniform system of accounts. Adjustments should be individually listed (as indicated in the prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.5. Statement B - Schedule 5 -- This schedule provides a detail of Materials and Supplies by account number and classifications prescribed by this Commission in the applicable uniform system of accounts. Adjustments should be individually listed (as indicated in the prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G. This schedule shall also include accounts 151 Fuel Stock, 152 Fuel Stock Expense Undistributed, 154 Plant Materials and Operating Supplies, 163 Stores Expense Undistributed, 164.1 Gas Stored Underground-Current, 164.2 Liquefied Natural Gas Stored, and 164.3 Liquefied Natural Gas Held for Processing.

20.4.6. Statement B - Schedule 6 -- This schedule provides a detail of Prepayments by account number and classification prescribed by this Commission in the applicable uniform system of accounts. Adjustments should be individually listed (as indicated in the prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G. Prepayments will not be allowed unless a working cash allowance calculation demonstrates that prepayments are not offset by negative working cash.

20.4.7. Statement B - Schedule 7 -- If a utility is requesting working cash allowance to be included in rate base then the utility must provide Statement B - Schedule 7. This schedule must provide detail of the calculations of a working cash allowance to be included in the average rate base. Any request for inclusion of working cash in rate base must be fully explained and supported.

20.4.8. Statement B - Schedule 8 -- This schedule provides a detail of Accumulated Depreciation, Depletion and Amortization by account number and classification prescribed by this Commission in the applicable uniform system of accounts. Adjustments should be individually listed (as indicated in the prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.9. Statement B - Schedule 9 -- This schedule provides a detail of Retirement-Work-in-Progress. Adjustments should be individually listed (as indicated in the prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.10. Statement B - Schedule 10 -- This schedule provides a detail of Contributions-in-Aid-of-Construction. Adjustments should be individually listed (as indicated in the prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.11. Statement B - Schedule 11 -- This schedule provides a detail of Customers' Advances for Construction. Adjustments should be individually listed (as indicated in the prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.12. Statement B - Schedule 12 -- This schedule provides a detail of Customers’ Deposits. Adjustments should be individually listed (as indicated in prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.13. Statement B - Schedule 13 -- This schedule provides a detail of Accumulated Deferred Income Taxes. Detail should be provided separately for state and federal balances, by nature of the deferral, for both debit and credit balances. Adjustments should be individually listed (as indicated in prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.14. Statement B - Schedule 14 -- This schedule provides a detail of Deferred Investment Tax Credits. Adjustments should be individually listed (as indicated in prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.15. Statement B - Schedule 15 -- This schedule provides a detail of Other Deferred Debits applicable to rate base not provided elsewhere. Detail should be provided separately by nature of the item. Adjustments should be individually listed (as indicated in prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.4.16. Statement B - Schedule 16 -- This schedule provides a detail of Other Deferred Credits applicable to rate base not provided elsewhere. Detail should be provided separately by nature of the item. Adjustments should be individually listed (as indicated in prescribed form). Alternatively, additional columns may be added following those prescribed to present adjustments in a format similar to that for revenues and expenses. All adjustments must include a reference to the explanation of adjustments on Statement G.

20.5. Statement C -- Detail of Equity and/or Debt Capital -- The information required by this Statement shall vary depending on the ownership of the filing utility.

20.5.1. The following information must be submitted by all publicly-owned utilities. This statement must detail all long term debt outstanding as of the end of the test year. In addition, if the rate relief requested in the filing for which this statement is supplied is wholly or partially based on expected future debt offerings, that fact must be noted on this statement and estimated (actual, if available) data pertaining to the proposed debt issue or issues must be included on this statement.

For each outstanding or proposed debt offering (as described above) the following data must be supplied.

20.5.1.a. Title of issue or brief description of purpose.

20.5.1.b. Date of issuance and date or dates of maturity.

20.5.1.c. Coupon interest rate.

20.5.1.d. Net amount realized from issue, as follows:

Principal Amount $_____ Plus premium or (less discount) _____ Deductions: _____ Underwriters discount or commission _____ Trustees fees _____ Counsel fees _____ Accountant's fees _____ Other expenses (describe) _____ Total Deductions _____ Net Amount Realized _____

20.5.1.e. Sinking fund information:

20.5.1.e.1. Is a sinking fund maintained for issue? Yes or No.

20.5.1.e.2. If answer to A. is "yes", where or by whom is sinking fund maintained?

20.5.1.e.3. If sinking fund is maintained, supply a statement showing fund balances at beginning of test year, payments into fund during test year, fund earnings for test year, fund disbursements during test year and balances at end of test year. (Fund balances for each issue refers to a breakdown between fund cash and investment balances if applicable.

20.5.1.f. A complete amortization schedule showing annual principal and interest requirements plus annual coverage requirements, if any.

20.5.1.g. A copy of the bond ordinance authorizing the debt issue. If ordinance is not applicable, supply a copy of the bond agreement. (This data need not be incorporated in the exhibit required by this rule, but should be filed as a supplement to Statement C.)

20.5.2. The following information must be submitted by all investor owned utilities. If more than forty-nine percent of the utility's common stock is owned by another corporation the required information under the captions "Common Stock", "Preferred Stock" and "Debt Capital" shall be submitted for both the utility company filing under this rule and its parent company.

20.5.2.a. Common Stock

20.5.2.a.1. List the amount of common stock authorized as of the beginning and end of the test year.

20.5.2.a.2. List the number of shares and capital received from common stock issued and outstanding as of the end of each quarter of the test year and quarterly for the four years immediately preceding the test year.

20.5.2.a.3. List the total common dividends and dividend per share of common stock quarterly for the test year and quarterly for the four years immediately preceding the test year.

20.5.2.a.4. Where applicable, show the quarterly high and low market price of common stock for the test year and quarterly for the four years immediately preceding the test year.

20.5.2.a.5. List the book value per share of common stock for the test year and the four years immediately preceding the test year.

20.5.2.a.6. List the total earnings and earnings per share of common stock for the test year and the four years immediately preceding the test year.

20.5.2.b. Preferred Stock

20.5.2.b.1. List the amount of preferred stock authorized as of the beginning and end of the test year.

20.5.2.b.2. List the number of shares and capital received from preferred stock issued and outstanding as of the end of the test year and each of the four years immediately preceding the test year.

20.5.2.b.3. List the dividend rate for each class of preferred stock listed.

20.5.2.b.4. List the total preferred dividends paid quarterly for the test year and for each of the four years immediately preceding the test year.

20.5.2.b.5. List the terms of preference of all preferred stock including convertible and/or call dates, if any.

20.5.2.c. Debt Capital

20.5.2.c.1. Provide a brief description of each property mortgage giving date of execution, name and address of mortgagee or trustee, amount of indebtedness authorized to be secured thereby, amount of indebtedness actually issued, amount of principal outstanding and interest due and payable as of the end of the test year and a brief description of mortgaged property.

20.5.2.c.2. Provide a schedule of all long-term debt as of the beginning and end of the test year listing number and amount of bonds issued, date of issue, call dates, call provisions, rate of interest, date of maturity and how secured. If convertible debentures are issued and outstanding, list the date between which the conversion privilege may be exercised and the securities into which and the rate at which the conversion may be made.

20.5.2.c.3. Detail all other indebtedness not shown above (including long-term debt rentals and/or capital leases) as of the beginning and end of the test year. The detail should include classification of debt, description of securities, if any, and annual interest rate of each class.

20.5.2.c.4. List the interest paid during the test year on each debt issue, and the weighted average total annual interest rate based on average long-term debt outstanding during the test year and average other indebtedness outstanding during the test year.

20.5.2.d. Other Information Required -- (This data need not be incorporated in the exhibit required by this rule, but should be filed as supplements to Statement C.)

20.5.2.d.1. Briefly describe the expected short-term and long-term future capital requirements of the company. This summary should include a brief description of the construction budget for the year following the test year as well as estimated budgets through the end of the third year following the test year. If available, such construction budgets should be shown in sufficient detail to determine the general extent of replacement of revenue producing facilities, expansion involving income producing facilities and non-income producing facilities.

20.5.2.d.2. Briefly outline the expected sources of capital, including internally generated funds, that will finance the expected construction budgets.

20.5.2.d.3. If future capital requirements include refinancing of existing capital, list the proposed source of funds to be used for the refinancing.

20.5.2.d.4. Furnish a detailed income statement for the test year and a comparative balance sheet as of the beginning and end of the test year.

20.6. Statement D

20.6.1. Statement D - Bill Analysis -- This statement must show an analysis of customers' bills for the same twelve month period used for Statement A. A separate sheet must be used to detail the analysis of billings under each separate rate schedule included in the company's West Virginia tariff. Where different classes of customers are served under a single rate schedule, it is not necessary to provide separate sheets for each class of customers if the utility is seeking a percentage across-the-board rate increase to all blocks within the rate schedule, provided however, that if sale for resale are billed within the single rate schedule, a separate sheet must be filed showing the volumes and dollars for the sale for resale class. The bill analysis must be prepared in such manner as to provide ready calculations of revenues derived under rates in effect during the test year as well as revenue to be derived under proposed rates.

20.6.2. Statement D - Schedule 1 -- This schedule must be a comparison of present rates and proposed rates. The required pages of Statement D, Schedule 1 must be formatted using the rate structure of the current and/or proposed tariff page(s) of the applicant. For each rate element of each rate schedule, the applicant should show the current rate, the proposed rate, the increment of increase or (decrease) requested, and the percentage of increase or (decrease) requested. If rate blocks have been changed and must be split to make the comparisons herein required, explanatory notes should be added to this schedule to explain the formatting of the schedule.

20.7. Statement E - Apportionment of Cost of Service -- Statement E must be filed by all multi-jurisdictional utilities whose operations require an apportionment of cost of service between jurisdictions. In addition, all utilities which seek a departure from the rate structure last approved by this Commission, including disproportionate percentage rate changes between rate blocks or between customer classes, must file an apportionment of cost of service between customer classes and/or between usage groups within each class.

20.7.1. The functional categories used, and bases for distributing cost components between two or more functional categories must be clearly shown and fully explained. This statement must be presented in such form as to clearly indicate which cost components are directly assignable to a particular jurisdiction, class or group and which cost components require allocation. Where allocations are required, all allocation factors should be separately shown and explained with sufficient detail given to verify the computation of the factor. In the case of allocation between jurisdictions, allocation factors should be presented in a form that fully discloses each jurisdiction served and the relationship between allocations to each jurisdiction. If any volumes, demands, numbers, line mileage or other allocation factor determinants are either excluded in development of allocation factors or are included with another jurisdiction, class or group (rather than being shown separately) such treatment must be fully and clearly explained and justified.

20.7.2. For each utility, cost apportionment procedures last approved by this Commission shall be the guide for procedures used in this Statement. Departure from the cost apportionment procedures last approved by this Commission shall be unacceptable; however, such departures may be shown in supplemental exhibits which must be filed in a separate addendum to the data prescribed by this rule. Any such exhibits should include a complete description of the proposed departures from cost apportionment procedures last approved by this Commission and a clear explanation of the underlying reasons indicating justification for such departures.

20.7.3. Since the complexities of cost apportionment studies are such that uniform reporting forms that would be applicable to all utilities would be difficult to conceive, no such forms are prescribed herein.

20.8. Statement F - Comparative Balance Sheet -- This statement should show, by account numbers and classification set out in the applicable uniform system of accounts prescribed by this Commission, the balance sheet account balances as of the end of the test period and as of the end of the year ending with the day immediately preceding the first day of the test period.

20.8.1. Statement F - Schedule 1 -- Statement of Retained Earnings or Statement of Changes in Fund Balance. This schedule shall be filed in support of the amounts shown in the balance sheet as applicable to for-profit or governmental entities.

20.8.2. Statement F - Schedule 2 -- Statement of Cash Flows. This schedule shall be filed to show annual cash flows from the income statement income accounts, less expenditures reflected in expense and tax accounts, less debt service expenditures and reserve funding.

20.9. Statement G - Detail of Adjustments -- All adjustments must be referenced to the explanations contained on this Statement. Adjustments should be sequentially numbered and grouped under the three adjustment headings used: Accounting, Going-Level and Proforma. 20.9.1 Grouping of two or more adjustments into a single net adjustment will not be permitted, provided that adjustments to expense categories that are spread across multiple accounts (such as payroll expense) may be shown as a single undistributed adjustment if the basis for the adjustment is a single across-the-board percentage multiplier. For single adjustments or undistributed adjustments the detail of adjustments must include the account number(s) and the book amount(s) to which the proposed adjustments relate.

20.9.2. Where adjustments are based on calculations shown on other statements of supporting schedules provided for herein such basis for the adjustment should be indicated on this Statement. All calculations of adjustments not shown elsewhere should be shown with the explanation; however, should the calculation be so extraordinarily voluminous as to unduly lengthen and complicate this Statement, it may be omitted. In the case of omission of the detailed calculation of an adjustment the basis for the adjustment must be fully explained on this Statement and the detail of the calculation must be separately filed.

20.9.3. The statements filed under this rule should not contain any adjustments that do not reflect known and quantifiable changes. Should a company desire to present other adjustments for the Commission's consideration they should be shown on supplemental sheets to the statements and schedules provided for herein and reflected in a separate going-level column added to the original statements and schedules. All such supplemental sheets should be grouped together as an addendum to the basic financial data prescribed by this rule.

W. Va. Code R. § 150-2-21 Tariff Form No. 42

21.1. The formats for statements and supporting schedules required by Tariff Rule 20.1. (Historical Rule 42) for those utilities whose entire operations are under the jurisdiction of the Commission. (Schedules required by Tariff Rule 20.1. (Historical Rule 42) are available from the Commission. The schedules appear attached at the end of these rules.)

W. Va. Code R. § 150-2-22 Purchase of Gas Supplies

22.1. (Historical Rule 43). Burden of Proof and Filing Requirements Concerning Rate Increases for Natural Gas Utilities Relating to the Purchase of Gas Supplies.

22.1.1. Applicability

22.1.1.a. These rules are applicable to all natural gas utilities in the State subject to the Commission's jurisdiction.

22.1.1.b. These rules apply to any proceeding before the Commission which involves a rate increase for a natural gas utility due to, or partly due to, an increase in gas costs. In this regard, gas shall mean synthetic natural gas as well as natural gas.

22.1.2. Burden of Proof

22.1.2.a. In addition to other burdens of proof generally applicable to utility rate proceedings, a natural gas utility, in any proceeding before the Commission which involves a rate increase for a natural gas utility due to, or partly due to, an increase in gas costs, must show the following:

22.1.2.a.1. That dependable, lower-priced supplies are not readily available from other sources;

22.1.2.a.2. That contracts between the utility and its suppliers for purchase of gas are negotiated at arms length and are not detrimental to its customers. Transactions between non-affiliated entities shall be presumed to be at "arms-length;” however, transactions between affiliated entities must be shown to be non-detrimental to both the utility and to its customers;

22.1.2.a.3. That the utility has let out bids for the purchase of a substantial quantity of natural gas supplied to its customers. "Let out bids" shall include, but not be limited to, the utility's accepting sealed bids, buying at auction or other methods of purchasing which offer sellers of natural gas the opportunity to compete for the sale; and

22.1.2.b. Should the applying utility not satisfactorily meet the burden of proof set forth in Paragraph 22.1.2., then the Commission may not authorize an increase greater than that which reflects reasonable costs of gas which is determined to be readily available. In the event the Commission cannot make this determination from the record in the proceeding, the application may be dismissed.

22.1.3. Filing Requirements.

22.1.3.a. In addition to other filing requirements prescribed by the Commission's rules and by statute, the utility must file, at the time of its application to the Commission, documentary material which demonstrates that all reasonably available sources of gas have been thoroughly investigated and that the utility's purchases, actual and expected, are at the lowest available price among reliable sources at the time of the purchase.

22.1.3.b. The filing shall include the following:

22.1.3.b.1. The utility shall submit a list of all offers to purchase gas issued by the utility during the twelve (12) months ending the June 30 preceding the filing of the application, which shall include the language of the offer, the manner in which it was issued, the parties to whom the offer was made, the response thereto, and any agreements or contracts which resulted therefrom.

22.1.3.b.2. The utility shall submit a list of all offers to sell gas received by the utility from suppliers or potential suppliers, during the twelve months ending the June 30 preceding the filing of the application, which shall include the language of the offer, the manner in which it was received, the person from whom it was received, the response thereto, and any agreements or contracts which resulted therefrom.

22.1.3.b.3. The utility shall submit a list of the names of all persons, firms, and corporations which were investigated as sources of gas during the twelve months ending the June 30 preceding the filing of the application, whether or not such investigation resulted in an agreement to purchase and/or sell gas, including investigations of sources with "shut-in" wells, which list shall include the following information:

22.1.3.b.3.A. The price per Mcf at which each investigated party offered gas for sale, if any;

22.1.3.b.3.B. The availability and cost of transporting such gas and the potential transporting pipeline or utility;

22.1.3.b.3.C. The amount of gas potentially available each month by such investigated party;

22.1.3.b.3.D. The date by which such deliveries could commence; and

22.1.3.b.3.E. The extent of the gas reserves which can be made available to the utility.

22.1.3.b.4. The utility shall submit a list of all of its contracts which shall include, but need not be limited to, the following information: The name of the supplier (if purchased from an affiliated entity, a statement of the nature of the affiliation), the quantity of gas relevant to the test period or application period, price, price escalator provisions, the county wherein the production is located, if applicable, and the term of the contract. 22.1.3.b.4.A In the case of contracts involving the wellhead purchase of natural gas, the utility shall submit the following information: producer's name, well name/number, the American Petroleum Institute (API) Identification Number, the date drilling commenced, NGPA Classification, the date NGPA determination was received, the contract date, contract expiration date, price adjustment provisions, contract quantities, current contract price in dollars per MMBtu and Mcf. If additional explanations are necessary, footnote and attach a page which explains the footnote.

22.1.3.b.5. The utility shall separately indicate which of the contracts listed contain take-or-pay provisions, indefinite price escalators, and/or most favored nation clauses as defined within W. Va. Code § 24-2-16. With respect to those contractual provisions, the utility must show that the clauses do not require the utility to buy more than the reasonable amount of gas at a greater than reasonable price.

22.1.3.b.6. The utility shall submit copies of all relevant tariffs approved by the Federal Energy Regulatory Commission, or other regulatory bodies, under which it purchases gas together with the applicable service agreements and any legal instrument relating thereto.

22.1.3.b.7. If a utility presently has its own production, it shall provide historical information regarding such production for the period of time beginning with January 1st of the calendar year immediately preceding the year of the filing of the proposed rate increase through the month immediately preceding the month of filing. The utility shall provide estimated data and information regarding company production for the period of time beginning with the month of filing through December 31st of the calendar year following the year of filing. The information shall contain actual or estimated company production on a monthly basis, together with the actual or, if not available, estimated cost of production per Mcf, on a cost of service basis. The information shall indicate the number of producing wells and proven and/or estimated reserves, as well as a general description of the utility's future plans respecting its own production. The information shall further indicate the extent to which the utility has or plans to "shut-in" its production. If a utility owns mineral rights or holds leases which are not currently producing gas it shall provide evidence regarding the feasibility and cost effectiveness of developing gas wells on such rights or leases. If any of the rights or leases are currently producing, the utility shall provide evidence regarding the feasibility and cost effectiveness of expanding these producing properties, either through new wells, reworking existing wells or extending existing wells.

22.1.3.b.8. For all attached production obtained from suppliers, the utility shall indicate the extent to which the utility has or plans to shut-in suppliers' production. The utility shall identify the wells involved, by the API number, and quantify the volume of gas shut-in or expected to be shut-in.

W. Va. Code R. § 150-2-23 Ratemaking and Appeals Procedures for Non-LRR Muni Water and Sewer Utilities, Municipal Gas Utilities, Telephone, Electric and Natural Gas Cooperatives

23.1. Procedures to be followed by Non-LRR Muni water and sewer utilities, municipal natural gas utilities and electric, telephone and natural gas cooperatives:

23.1.1. All rates and charges set by electric cooperatives, natural gas cooperatives, telephone cooperatives and Non-LRR Munis shall be just, reasonable, applied without unjust discrimination or preference and based primarily on the costs of providing these services. Cooperatives shall comply with all statutory notice requirements for passing cooperative board resolutions to change rates.

23.1.2. All such utility rates and charges are to be on file with the Commission at all times.

23.1.3. The Non-LRR Muni shall comply with pre-adoption newspaper publication requirements of Chapter 8 and, if applicable, Chapter 16 of the West Virginia Code, and, if requesting to waive the 45 day waiting period, the bill notice requirement of W. Va. Code § 24-2-4b. The bill notice must be received by customers at least five (5) days prior to the public meeting at which a rate ordinance will be adopted.

23.1.4. Within five (5) days after the adoption of rates, the utility must provide its customers with notice of the rate change in order to allow the filing of timely objections to such rate changes with the Commission. Notice shall be provided by causing to be published in a qualified newspaper of general circulation in each of the counties where the utility provides service and where its resale customers provide service, a Class II Legal Advertisement that conforms with Tariff Form No. 12 or 13. The first publication must occur within five (5) days, or, if the notice is to be published in a newspaper that issues on a weekly basis, by the first possible publication date, after adoption of the rate change.

23.1.4.a. In addition to providing notice by publication, the utility must also post notice of the proposed rate change in a conspicuous place at the utility's business premises beginning the day after the meeting where the rate change is adopted and continuing through the thirty (30) day appeal period provided by W. Va. Code § 24-2-4b. The posted notice must conform with Tariff Form No. 12 or 13.

23.1.5. 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 West Virginia law or by a provision of a municipal or cooperative charter, whichever is appropriate in the particular case.

23.1.6. 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 unless one of the following exceptions applies:

23.1.6.a. The rate change is stated in a municipal ordinance that would result in an increase in utility gross revenues of less than twenty-five percent; or

23.1.6.b. The rate change is stated in a municipal ordinance that will result in an increase in utility gross revenue of twenty-five percent or more and the Commission has granted a waiver under the provisions of W. Va. Code § 24-2-4b(d)(2) to allow a municipal ordinance to go into effect on the date of enactment;

23.1.6.c. The rate change is stated in a municipal ordinance and the 45-day waiting period has been waived pursuant to W. Va. Code § 24-2-4b(b); or

23.1.6.d. The Commission has granted an interim or emergency rate in a resolution or an ordinance to take effect and waived the forty-five day waiting period as provided in W. Va. Code § 24-2-4b(h).

23.1.7. Within five (5) days after the adoption of a resolution or ordinance changing a utility rate or charge, an electric, natural gas, telephone cooperative or a Non-LRR Muni shall file with the Executive Secretary of the Public Service Commission:

23.1.7.a. The new rates or charges;

23.1.7.b. The applicable resolution or ordinance;

23.1.7.c. 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;

23.1.7.d. An affidavit of publication of the utility's legal publication made pursuant to W. Va. Code §§ 8-11-4, 8-20-10, 16-13-16 or any other applicable W. Va. Code provision published prior to adoption of the proposed rates;

23.1.7.e. Verification that the utility mailed a pre-adoption bill notice to all customers in time to have been received by customers at least five (5) days prior to the public meeting at which a rate ordinance or resolution was adopted.

23.1.7.f. An affidavit of publication or photocopy of the legal advertisement giving notice to customers of the adoption of the ordinance or resolution in accordance with Tariff Rule 23.1.4.; and,

23.1.7.g. 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 Tariff Rule 20.1. (Historical Rule 42) exhibit is not required to be filed by the utility in cases subject to this Rule.

23.1.8. Within five (5) days after the adoption of a municipal ordinance to increase utility gross revenues by twenty-five percent or more, a Non-LRR Muni may file with the Executive Secretary of the Public Service Commission a request for a waiver under W. Va. Code § 24-2-4b(d)(2).

23.1.8.a. The Commission will not grant a waiver under W. Va. Code § 24-2-4b(d)(2) unless the Non-LRR Muni utility files the waiver request on the date it files its ordinance at the Commission and includes with its petition a certified statement of good cause shown by a statement of insufficient cash flow to meet normal, ongoing cash requirements, including debt service and the need to produce a cash surplus that will provide the greater of required coverage, required renewal and replacement funds or a reasonable level of ongoing capital expenditures.

23.1.8.b. Commission Staff will file its recommendation in response to the Non-LRR Muni utility waiver request within fourteen days after the waiver request is filed and the utility shall have five days within which to respond to the Staff recommendation.

23.1.8.c. The Commission will deny a Non-LRR Muni utility waiver request filed under this rule that is missing a complete and certified statement described in Tariff Rule 23.1.8.a. In considering the waiver request, the Commission will consider the certified statement, the information required by Tariff Rule 23.1.7. and the Staff recommendation and the utility response to the Staff recommendation.

23.1.9. Non-LRR Muni shall promptly provide information about the correct number of customers, members or stockholders to any such customer, member or stockholder requesting this information.

23.2. Procedures to be followed by Non-LRR Muni, Electric, Telephone and Natural Gas Cooperatives.

23.2.1. Within five (5) days after the adoption of a cooperative board resolution or ordinance changing a utility rate or charge, an Non-LRR Muni, Electric, Telephone and Natural Gas Cooperatives shall file with the Executive Secretary of the Public Service Commission:

23.2.1.a. The new rates or charges;

23.2.1.b. The applicable cooperative board resolution or ordinance;

23.2.1.c. If the Non-LRR-Muni provides service to a wholesale customer(s), it shall provide the justification for such cooperative board resolution or ordinance, including an allocation of cost to provide service to the wholesale customer(s) and revenues to be generated by the new rates or charges;

23.2.1.d. Verification in the form of Tariff Form No. 6-A that the utility mailed a completed Tariff Form No. 14 to each of its wholesale customer(s) advising of the rate adopted by the cooperative board resolution and of the customer’s right to file a complaint with the Public Service Commission pursuant to W. Va. Code § 24-2-1(a)(6); and

23.2.1.e. An affidavit of publication or photocopy of the utility's legal publication made pursuant to W. Va. Code §§ 8-11-4, 8-20-10, 16-13-16 or any other applicable W. Va. Code provision published prior to adoption of the proposed rates.

23.3. Procedure to be followed by the customers, members or stockholders of Non-LRR Muni, municipal natural gas utilities, electric, natural gas or telephone cooperatives who wish to protest changes in utility rates and charges:

23.3.1. Pursuant to § 24-2-4b of the W. Va. Code the following customer(s), member(s) or stockholder(s) may protest to the Commission, changes in the utility's rates and charges:

23.3.1.a. 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

23.3.1.b. Any customer who is served by a municipally owned natural gas 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 be accompanied by evidence of discrimination; or

23.3.1.c. Any customer or group of customers of a municipally owned natural gas public utility who is affected by said change in rates who resides within the municipal boundaries and who presents a petition to the Commission alleging discrimination between said customer or group of customers and other customers of the municipal utility. Said petition shall be accompanied by evidence of discrimination.

23.3.2. Whenever used in Chapter 24 of the W. Va. 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.

23.3.2.a. 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.

23.3.2.b. 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.

23.3.3. 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 cooperative board resolution or municipal ordinance changing said rates and/or charges.

23.4. Procedure to be followed upon review by the Commission when a petition of protest is filed for rates of a filed for rates of a Non-LRR Muni, municipal natural gas utility or electric, natural gas or telephone cooperative:

23.4.1. Upon the filing with the Commission of a petition which protests a changed rate or charge by a Non-LRR Muni, municipal natural gas utility or electric, natural gas or telephone cooperative and which meets the requirements of Tariff Rule 23.3.1.a., 23.3.1.b. or 23.3.1.c above, the Commission will exercise its jurisdiction over the cooperative board 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. Provided, however, that upon the exercise of Commission jurisdiction over a Non-LRR Muni ordinance (i) that would result in an increase in utility gross revenues of less than twenty-five percent, (ii) for which the Commission has granted a waiver requested under W. Va. Code § 24-2-4b(d)(2); (iii) for which the governing body of the utility has waived the 45-day waiting period; or (iv) for which the Commission has granted a waiver requested under W. Va. Code § 24-2-4b(h), then the Commission shall not suspend the effective date of the ordinance, and the Non-LRR Muni may put the ordinance or resolution rates into effect on enactment or on the date stated in the ordinance, as applicable, subject to refund based on further Commission investigation and review. If the Commission approves lower rates, the Non-LRR Muni will be required to make customer refunds.

23.4.2. Upon the filing of a Tariff Rule 23.3.1.a, 23.3.1.b., or 23.3.1.c. petition that protests a municipal ordinance that would result in an increase in utility gross revenues of twenty-five percent or more, then the municipal utility may apply for, and the Commission may grant, a waiver of the statutory suspension period, and allow rates to go into effect on the date stated in the ordinance as provided in W. Va. Code § 24-2-4b(h).

23.4.3. The Commission shall notify the affected cooperative or municipality by certified mail, return receipt requested, that it has assumed jurisdiction over the case and whether the rates are suspended, and it shall furnish a copy of the applicable petition of protest to the utility.

23.4.4. If any Non-LRR Muni, municipal natural gas utility or electric, natural gas or telephone cooperative objects to the filing of the petition of protest, it must do so by challenging the validity of the petition. Such challenge should be filed within fifteen (15) 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.

23.4.4.a. 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.

23.5. Procedure for the disposition of cases over which Commission jurisdiction is exercised.

23.5.1. 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.

23.5.2. The Commission staff shall in all cases conduct an investigation of the Non-LRR Muni, municipal natural gas utility or electric, natural gas or telephone cooperative and submit an audit report and cash-flow analysis.

23.5.3. 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 Administrative Law Judge in such cases shall be free to establish any reasonable timetable:

Day 1 - Petition of protest filed.

Day 15 - Any challenge by the utility to the validity of the petition of protest 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 required reports.

Day 70 - Public hearing is to be held.

23.6. It is expected that the Non-LRR Muni, municipal natural gas utility or electric, natural gas or telephone cooperative 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 required information, the Commission may toll the running of the one hundred twenty (120) day suspension period, if applicable, and the one hundred (100) day period limitation for issuance of an order by an Administrative Law Judge until such time as the utility files the required information with the Executive Secretary of the Public Service Commission the information required by Rule 23.1.7.a-f and such other information as the Commission deems necessary.

23.7. Commission Staff has developed time guidelines to assist municipal operated water or sewer utilities in adopting rate changes in compliance with the W. Va. Code. These guidelines may be obtained by calling the Commission at 1-800-344-5113 or by accessing the Commission’s website at www.psc.state.wv.us.

W. Va. Code R. § 150-2-24 General Applicability - Common Carriers by Motor Vehicle

24.1. All common carriers by motor vehicle engaged in the transportation of passengers or property for hire over the public highways of this State, as defined by Chapter 24A, Article 1, Section 2, of W. Va. Code, shall file with the Commission, in the Executive Secretary's office at Charleston, an original and six (6) complete copies of a tariff containing schedules of all its rates, charges and tolls and stating all its rules and regulations, and shall keep a copy of said tariff open to public inspection, as required by Section 2, Article 6, of said law, in substantially the form and manner hereinafter set out.

24.2. Adoption of Federal Regulations - The Commission hereby adopts the Rules and Regulations Governing the Construction and Filing of Tariffs and Schedules of Common Carriers by Motor Vehicle promulgated by the Interstate Commerce Commission, that are in effect as of January 1, 1977 and as published in Title 49 Code of Federal Regulations (CFR) Parts 1300 et seq., insofar as said rules and regulations may be applicable to the common carriers regulated by this Commission, and are not in conflict with these rules and the laws of the State of West Virginia.

W. Va. Code R. § 150-2-25 Form and Size of Tariff

25.1. All tariffs must be printed from type not smaller than 6-point, or typewritten, mimeographed or reproduced, on hard calendared paper of good quality.

25.2. The pages of a tariff should be 8 ½ by 11 inches in size.

25.3. Tariffs may be in pamphlet or book form. A common carrier having a large number of schedules shall publish tariffs in loose leaf form.

25.4. The front cover page of a tariff shall contain the following:

25.4.1. Name of the common carrier and location of principal office,

25.4.2. General statement of territory served,

25.4.3. Date of issue and date tariff is to become effective, provided, however, that every tariff which contains rates, charges, or regulations, effective upon a date different from the general effective date of such tariff shall show on its front cover page the following notation: "Effective ____________________,_. (Except as otherwise provided herein.)" or "(Except as provided on page ________.)"

25.4.4. Signature of the common carrier by the officer authorized to issue tariffs, and

25.4.5. Identifying designation in the upper right corner as required by Tariff Rule 27.1 hereof.

25.5. The second and succeeding pages shall state

25.5.1. All the rules and regulations of the carrier,

25.5.2. Rate schedules showing all rates and charges for the several classes of service.

25.5.3. The name of the carrier shall be placed on the upper left corner of each page.

25.6. The Motor Carrier Division of the Commission will furnish standard forms of tariffs on request. (See M.C. Tariff Form No. 50).

W. Va. Code R. § 150-2-26 Contents of Schedules

26.1. Each rate schedule in addition to a clear statement of all rates thereunder must state a description of the certificated operating authority.

26.2. Each rate schedule must state the class of service available under the rates stated therein.

26.3. When tariffs are filed in loose leaf form as required by Tariff Rule 25.3, each page should bear the MF (Freight) or MP (Passenger) P.S.C. W. Va. number of the tariff of which it is a part as required by Tariff Rule 27.1, the date issued and effective, and, in the upper right corner, a further designation such as "Original Sheet No. 1," and/or "Original Sheet No. 2."

26.3.1. In case of a change in the text of any page as hereinafter provided, the further designation should be "First Revision of Original Sheet No. 1, canceling Original Sheet No. 1."

26.3.2. Tariffs may further be divided into sections, and so designated, if required by their size and contents.

26.4. All schedules shall state whether a minimum charge is made and, if so, they must set out all such charges.

W. Va. Code R. § 150-2-27 Designation of Tariffs

27.1. All tariffs or tariff sheets must bear in the upper right corner of the front cover page the MF (Freight) or MP (Passenger) P.S.C. W. Va. numbers thereof. Subsequent tariffs filed as provided by Tariff Rules 29.1 to 34.2, inclusive, must continue such designation in consecutive numerical order. Any subsequent tariff must also show the P.S.C. W. Va. number of the tariff canceled, changed or modified by it.

W. Va. Code R. § 150-2-28 Filing Additional Schedules

28.1. Additional and supplemental rate schedules, and additional rules and regulations, may be filed by supplement to an existing tariff, if such tariff is in pamphlet form. Any supplement so filed shall be numbered consecutively and shall state the tariff supplement by the P.S.C. W. Va. number of such tariff. Additional schedules and rules and regulations may be filed in connection with an existing loose leaf tariff by the filing of additional sheets or pages, designated in accordance with hereof.

W. Va. Code R. § 150-2-29 Change or Withdrawal of Rate Schedules or Regulations

29.1. No tariff, or tariff sheets, or any provisions thereof, may be changed, canceled or withdrawn except upon full compliance with these rules and the W. Va. Code.

29.1.1. When a common carrier ceases operation or discontinues all service with the consent and approval of the Commission and in compliance with the requirements of Chapter 24-A of the W. Va. Code, it shall immediately notify the Motor Carrier Division of the Commission that it has ceased operation or discontinued service and request the withdrawal of its tariff, tariffs, schedules or supplements.

29.2. All tariffs or revisions, stating changes in any provision shall use the following codes: (I) indicates an increase in rates, (D) indicates a decrease in rates, (N) indicates new rates or rules, (O) indicates omissions, (C) indicates change in the text of rules, and (T) indicates temporary rates and/or changes. All of the foregoing shall be accompanied by explanatory footnotes.

29.3. New schedules stating changes in any provision of any effective tariff may be issued and put into effect by either of the two following methods:

29.3.1. By order of the Commission upon formal application by the carrier, and after hearing, as provided by hereof.

29.3.2. By issuing and filing on at least thirty day notice to the Commission and the public a complete new tariff (or revised sheets of an existing tariff) stating all provisions and schedules it proposes to put into effect as provided by Tariff Rules 31.1 to 33.2 hereof, inclusive.

29.4. When a tariff is filed in loose leaf form as required by Tariff Rule 25.3, the provisions or rates stated on any sheet or page thereof may be modified or changed by the filing of a revision of such sheet or page in accordance with the provisions of Tariff Rules 30.1 to 33.2, inclusive. Such revisions must be identified as required by.

W. Va. Code R. § 150-2-30 Motor Carrier Change of Rates on Application

30.1. A common carrier desiring to modify charges, or rules and regulations, may file with the Commission an original and six (6) copies of its application therefor in the form of M.C. Tariff Form No. 42. Such application shall set forth the rates, charges, rules and regulations in effect; the proposed rates, charges, rules and regulations; if increase or reduction in rates; proposed estimated annual effect on revenue; and the reason for the proposed change. The application shall be accompanied by the minimum financial data required by Tariff Rule 37.1 (Historical M.C. Rule 42).

30.1.1. Within ten (10) days of filing its application the applicant shall give notice to its customers by: (i) posting a copy of its M.C. Tariff Form No. 8-A at the offices and places of business of the applicant; (ii) publishing the first of two (2) publications of M.C. Tariff Form No. 8-A by Class II legal advertisement in a qualified newspaper of general circulation in each of the counties where service is provided; and (iii) issuing a press release to a newspaper of general circulation in each county where service is provided, which contains the substance of M.C. Tariff Form No. 8-A. Within thirty (30) days of filing its application, any motor carrier except those providing taxi, limousine, or specialized limousine service, shall have completed the mailing of separate notices to each of its customers by one or a combination of the following methods: (a) including M.C. Tariff Form No. 8-A as a bill insert; (b) separately mailing M.C. Tariff Form No. 8-A; or (c) only for applicants that bill by postcard instead of in an envelope, and who elect not to separately mail M.C. Tariff Form No. 8-A, a statement on the postcard bill as follows: "This motor carrier is seeking a rate increase. Details available in newspaper publications or at the utility office after [applicant to insert date application filed with Commission] by calling [applicant to insert utility office telephone number]."

30.1.2. A certificate of posting, publication and separate mailing in the form of M.C. Tariff Form No. 6 shall be filed with the Commission to the effect that the notice and mailing requirements of 30.1.1. have been met.

30.1.3. If the application is set for hearing the applicant shall give notice of the hearing in the form of M.C. Tariff Form No. 9, or in an alternate form attached to a Commission order, by making publication once a week for two (2) successive weeks, the first publication to be made not more than thirty (30) days nor less than fifteen (15) days prior to the date of the hearing, in a newspaper of general circulation in each of the counties in which service is provided.

30.1.4. If notice as provided by newspaper publication, no rate change may become effective until the carrier furnishes the Commission with a certificate(s) of publication provided by the newspaper(s) to the effect that M.C. Tariff Form No. 8-A has been published as required by this Rule. Unless otherwise ordered, affidavits of publication may be filed on the day of hearing.

30.1.5. The utility shall file additional copies of its application and attachments upon the request of the Commission’s Executive Secretary.

30.2. (Historical M.C. Rule 19-A). Optional Rate Procedure for Small Motor Carriers. The following shortened procedure may be used by a small motor carrier to make application for change of rates.

30.2.1. For the purpose of this section, a small motor carrier shall be a carrier with gross revenues less than $3,000,000 annually. Where a motor carrier is affiliated with another motor carrier, either through common ownership, management or otherwise, the total revenues of all the affiliates shall be considered. Where a motor carrier is operating in more than one regulatory jurisdiction, the total revenues of all jurisdictions shall be considered.

30.2.2. Any qualified small motor carrier desiring to proceed under this section shall file with the Commission its application and supporting financial data therefor, in the form of M.C. Tariff Form No. 11.

30.2.3. When the application is filed, the Commission shall issue a procedural order setting forth a date by which Commission Staff shall file a report setting forth its recommended rates based on Staff’s investigation of the applicant's earnings, revenue requirements, adequacy of rates, and quality of service.

30.2.4. Unless the applicant provides taxi, limousine, or specialized limousine service, it shall, within thirty (30) days of the date the Commission issues its procedural order stating the Staff report due date, have completed the mailing of separate notices to each of its customers stating: "This motor carrier is seeking a rate increase. Details available in newspaper publications or at the motor carrier office after [applicant to insert date Staff report filing date] by calling [applicant to insert utility office telephone number]. "The applicant may mail the notice by one or a combination of the following methods: (i) inclusion of the foregoing statement as a bill insert; (ii) separately mailing the foregoing statement; or (iii) only for applicants that bill by postcard instead of in an envelope, and who elect not to separately mail the foregoing statement, inclusion of the foregoing statement on a postcard billing.

30.2.4.a. A certificate of separate mailing in the form of M.C. Tariff Form No. 6-A shall be filed with the Commission to the effect that the separate mailing notice requirements of 30.2.4. have been met.

30.2.5. After receipt of Staff’s report, the Commission will issue an order requiring notice of Staff’s proposed rates. The Commission will also provide a completed M.C. Tariff Form No. 10 for the motor carrier’s use in providing public notice pursuant to Tariff Rule 30.2.6.

30.2.6. Upon receipt of the Commission's order requiring notice of Staff’s recommended rates, the applicant shall give notice to its customers of any rate or rates so recommended within ten (10) days of receipt, by: (i) publishing M.C. Tariff Form No. 10 by Class I legal advertisement in a qualified newspaper of general circulation in each of the counties where service is provided; or (ii) mailing M.C. Tariff Form No. 10 to each of its affected customers. The motor carrier shall file a certificate of publication or mailing, in the form of M.C. Tariff Form No. 6-B, with the Commission to the effect that the requirements of Tariff Rule 30.2.6. have been met.

30.2.7. The Commission may, in its discretion, upon the receipt of written objection by the applicant or protest or upon written request for hearing filed by a customer or customers, filed within the time period prescribed, schedule the matter for hearing. If a hearing is deemed necessary, the applicant will be required to give notice in the form of M.C. Tariff Form No. 9, which will be mailed to the applicant with the Commission's order. The applicant may make written request to place into effect interim rates set by the Commission pending disposition of objection or protest.

30.2.8. Absent substantial protest, objections, or written requests for hearing within the time period prescribed, the Commission will issue an order acting on Staff’s proposed rates.

30.2.9. Nothing in this procedure shall prohibit an applicant from seeking additional rate relief through application as prescribed in Tariff Rules 30.1 to 30.4 or upon notice as prescribed in Tariff Rules 31.1 to 33.2.

30.2.10. Nothing in this procedure shall prohibit a customer of the applicant from pursuing any remedy he would normally have under the law within the jurisdiction of the Commission.

30.2.11. It should be clear to an applicant that the intent of Tariff Rule 30.2 et. seq. (Historical M.C. Rule 19-A) is to allow simplified rate filings and to enable the Commission's Staff to provide advice and assistance in the preparation of supportive financial data. The applicant is expected to cooperate with Staff to the fullest extent and to promptly comply with requests for information and preparation of schedules. Supporting records such as invoices, payroll records and quarterly reports should be readily available in proper order for verification to the applicant's books.

30.3. Optional Rate Procedures for Motor Carriers collecting and hauling solid waste. The following procedures may be used by motor carriers collecting and hauling solid waste to change rates.

30.3.1. A motor carrier collecting and hauling solid waste desiring to modify charges, or rules and regulations, may file with the Commission an original and six (6) copies of its application in the form of M.C. Tariff Form No. 42. The application shall set forth the rates, charges, rules and regulations in effect; the proposed rates, charges, rules and regulations; the proposed effective date of the change; if increase or reduction in rates; proposed estimated annual effect on revenue; and the reason for the proposed change. The application shall be accompanied by the minimum financial data required by Tariff Rule 37.1 (Historical M.C. Rule 42) and by the motor carrier’s proposed notice.

30.3.2. The motor carrier shall provide thirty (30) days notice to the Commission of this rate increase and thirty (30) days notice to its customers of this rate increase through either a bill insert or a separately mailed statement. Within five (5) business days of the filing of the motor carrier’s proposed notice, the Commission shall issue an order approving or modifying the proposed notice.

30.3.3. The proposed rates may go into effect after the expiration of a thirty (30) day protest period unless the Commission suspends the rates on its own motion or the Commission receives substantial protest in the form of protests from the lesser of 25% of the customers impacted by the proposed change or seven hundred and fifty (750) customers.

30.3.4. If the Commission suspends the rates on its own motion or upon substantial protest, the Commission shall determine if the proposed change is just, reasonable, and based primarily on cost. The Commission shall render a decision on the proposed rates within one hundred and twenty (120) days from the date notice of the proposed rates was first given. The Commission will use the date the Commission-approved notice is simultaneously mailed to all customers through either a bill insert or separate statement, or mailed to the last of the customers if the notices are sent on a staggered billing cycle as the date notice was first given. The Commission may extend the time in which a final decision is due by an additional 30 days if the motor carrier fails to provide material information requested by the Commission at least thirty (30) days in advance of the hearing.

30.4. Rate Procedure Based on Index.

30.4.1. Notwithstanding any other rate procedure prescribed in these rules, a motor carrier collecting and hauling solid waste desiring to increase its rates may do so on or after January 1 of each year, provided the motor carrier gives notice to its customers as directed by the Commission, submits proof of notice to the Commission and files a revised tariff, which reflects a rate increase over the prior rate that is equal to or less than the percentage increase in the United States Department of Labor, Bureau of Labor Statistics, Garbage and Trash Collection Index (Index) between September of the year preceding the effective date of the requested rate increase and September of the year prior to the year preceding the effective date of the requested rate increase (Relevant Time Period).

30.4.2. After September 30 of each year, the Commission shall issue a general order stating the percentage increase in the Index and the inflation factor to apply to the rates currently in effect to calculate the maximum rate increase allowed.

30.4.3. Any motor carrier that desires to increase its current rates pursuant to W.Va. Code §24A-5-2a(d) shall provide its customers with notice of the rate increase in the form of M.C. Tariff Form No. 7 at least thirty days prior to the proposed effective date of the desired rate increase. The motor carrier shall file with the Commission proof of notice in the form of a verified statement providing the date notice was mailed to customers and submit a revised tariff containing an increase of no more than the Index increase.

30.4.4. Such rate increase shall be subject to challenge by the Commission only if it determines that the increase exceeds the amount of the increase in the Index for the Relevant Time Period. If the Commission determines a rate increase filed pursuant to this subsection is in excess of the increase in the Index for the Relevant Time Period, it may enter an order suspending the rate increase.

30.4.4.a. If the Commission suspends the rates, the Commission shall hold a hearing to determine if the proposed change is just, reasonable, and based primarily on cost. If the motor carrier desires it may correct its rates to a level that does not exceed the Index for the Relevant Time Period, in which case the suspension will be lifted and the rates may go into effect as of the originally stated effective date or the date that the carrier corrects its rates, whichever comes later.

30.4.5. A motor carrier collecting and hauling solid waste may implement no more than four (4) annual increases under Tariff Rule 30.4 et seq. before filing for a rate increase under Tariff Rule 30.1, 30.2, 30.3.1 or 31.1

30.5. For rate filings under Tariff Rule 30.1, 30.2, 30.3.1 or 31.1 the burden of proof to show that the proposed rates, or the proposed changes in rate, fare, classification, charge, or rule is just and reasonable shall be upon the carrier making application for such change.

30.6. Upon the granting of an application under Tariff Rules 30.1, 30.2, 30.3.1, or 31.1 the carrier shall file a tariff setting out the rate, fare, classification, charge, or rule authorized by the Commission to become effective as the order may direct, and the tariff so filed shall state on the face thereof that it is "Issued by authority of an order of the Public Service Commission of W. Va. M.C. Case No. ___, dated ____________________,." Upon the implementation of an Indexed Rate Change pursuant to Rule 30.4 the carrier shall file a tariff setting out the rate, fare, classification, or charge and the effective date of the indexed rate changes. The tariff so filed shall state on the face thereof that it is “Issued by authority of an indexed rate filing pursuant to Tariff Rule 30.4 as filed in M.C. Case No..

W. Va. Code R. § 150-2-31 Change of Rates on Notice with Proposed Effective Date

31.1. A common carrier desiring to modify, change, cancel or annul any of its rates, fares, classifications, charges, or rules and regulations as of a proposed effective date, may, in lieu of the procedure prescribed in Tariff Rules 30.1, 30.5. and 30.6, proceed by issuing and filing with the Commission a new tariff setting out in full the rates, fares, classifications, charges, rules and regulations it proposes to follow in the future (or, for convenience, a revision of any of the sheets of an existing tariff, setting out the proposed rates) and giving the notice to the Commission and the public substantially as hereinafter prescribed. There shall be filed with the tariff or tariff sheets the minimum financial data required by Tariff Rule 37.2 (Historical M.C. Rule 42), and Tariff Form No. 2 as required by Tariff Rule 19.1.

W. Va. Code R. § 150-2-32 Statutory Notice to the Public of Filing to Change Rates with Proposed Effective Date

32.1. Except for taxi and limousine motor carriers, notice to the public of a change of rates and charges or rules and regulations as of a proposed effective date, as provided in Tariff Rule 31.1., shall be given by the carrier in the following manner:

32.1.1. The carrier shall post M.C. Tariff Form No. 8 at the offices and places of business of the carrier in the territory affected for at least thirty (30) days prior to the date such tariff or revision is to become effective, in the manner required for the posting of tariffs by Tariff Rule 16.1.

32.1.2. Within ten (10) days of filing its application, the carrier shall give notice to its customers by: (i) posting a copy of its M.C. Tariff Form No. 8 at the offices and places of business of the applicant in the territory affected thereby; (ii) publishing the first of two (2) publications of M.C. Tariff Form No. 8 by Class II legal advertisement in a qualified newspaper of general circulation in each of the counties where service is provided; and (iii) issuing a press release to a newspaper of general circulation in each county where service is provided, which contains the substance of M.C. Tariff Form No. 8.

32.1.2.a. In addition to (i) through (iii) above, the carrier shall, no later than fifteen (15) days prior to the proposed effective date of its tariff change, have completed the mailing of separate notices to each of its customers by one or a combination of the following methods: (a) inclusion of M.C. Tariff Form No. 8 as a bill insert; (b) separately mailing M.C. Tariff Form No. 8; or (c) only for applicants that bill by postcard instead of in an envelope and who elect not to separately mail M.C. Tariff Form No. 8, inclusion of a statement on a postcard billing as follows: "This common carrier is seeking a rate increase. Details available in newspaper publications or at the common carrier office after [carrier to insert date application will be filed with the Commission] by calling [carrier to insert common carrier office telephone number]."

32.1.2.b. When not more than twenty (20) customers will be affected by a tariff filing pursuant to Tariff Rule 32.1, none of the foregoing notice requirements shall apply and it shall be sufficient if printed notice in the form of M.C. Tariff Form No. 8 is mailed by the carrier to each of its customers so affected, either as a bill insert or as a separate mailing.

32.1.3. A certificate of posting, publication and separate mailing in the form of M.C. Tariff Form No. 6 shall be filed with the Commission to the effect that the notice and mailing requirements of 32.1.1. and 32.1.2. have been met.

32.1.4. If the application is set for hearing the carrier shall give notice of the hearing in the form of M.C. Tariff Form No. 9, or in an alternate form attached to a Commission order, by making publication once a week for two (2) successive weeks, the first publication to be made not more than thirty (30) days nor less than fifteen (15) days prior to the date of the hearing, unless otherwise ordered by the Commission, in a newspaper(s) of general circulation in each of the counties in which service is provided.

32.1.5. If notice was provided by newspaper publication, no rate change may become effective until the carrier furnishes the Commission with a certificate of publication provided by the newspaper to the effect that M.C. Tariff Form No. 8 has been published as required by this Rule. Unless otherwise ordered, certificates of publication regarding publication of M.C. Tariff Form No. 9 regarding notice of hearing may be filed on the day of hearing.

32.2. The agent or representative of the carrier in charge of an office or place of business shall give any information regarding said proposed rates and rules and regulations required of him by any customer or prospective customer or his agent, and shall permit said persons, or their agents, the opportunity to examine any of the tariffs of the carrier at all reasonable hours.

W. Va. Code R. § 150-2-33 (Reserved)

33.1. (Reserved)

33.2. If notice was provided by newspaper publication, no rate change may become effective until the utility furnishes the Commission with a certificate of publication provided by the newspaper to the effect that M.C. Tariff Form No. 8 has been published as required by Tariff Rule 32.1 hereof. A failure to furnish said certificate shall be deemed sufficient cause for the suspension of said schedule.

W. Va. Code R. § 150-2-34 Filing Tariffs on Less than Statutory Notice

34.1. Unless otherwise provided in these rules, when a tariff or revision is issued with a proposed effective date that does not provide the Commission with thirty (30) day statutory notice, is void, and the utility must give the Commission full statutory notice for any reissue of the tariff or revision. A tariff or revision that is received by the Executive Secretary too late to give the Commission the full thirty (30) day notice required by law will be returned to sender.

34.2. Tariffs and revised sheets stating changes in rates or practices, may be filed on less than thirty (30) day notice to the Commission and the public, under section 2, article 5, Chapter 24-A of the W. Va. Code, provided good cause is shown therefor. In making application for permission to file tariffs on less than statutory notice the carrier shall follow M.C. Tariff Form No. 1.

34.3. When permission is granted to file on less than statutory notice, the words "Effective on less than statutory notice by authority of an order of the Public Service Commission of West Virginia in M.C. Case No. ___________________________, dated _________________________, _______" shall appear thereon.

34.4. (Historical M.C. Rule 30-E). Solid Waste Tipping Fees -- The following accelerated procedure may be used by common carriers of solid waste applying for a rate surcharge because of an increase or decrease in the disposal rates, commonly known as tipping fees, charged by commercial solid waste facilities.

34.4.1. If any motor carrier of solid waste is required to pay higher tip fees as a result of increased commercial solid waste facility costs, or as a result of a rate filing pending before this Commission, or of any increases imposed by commercial solid waste facilities, such motor carrier may file an application in the form of M.C. Tariff Form No. 2, and amended tariffs with this Commission stating rates and charges designed to produce additional revenues sufficient, but no more than sufficient to offset such increased costs for tip fees and request an effective date for such amended rates not prior to the date it incurs said higher costs.

34.4.2. The Commission may investigate the reasonableness of the new rates so sought by the motor carrier to determine:

34.4.2.a. Whether the increase in tip fees is duly authorized and collectible by the commercial solid waste facility;

34.4.2.b. Whether the increase in rates filed by the motor carrier are no more than sufficient to offset such increased costs;

34.4.2.c. The effective date of such costs and the permanency thereof; and

34.4.2.d. The possibility of the motor carrier receiving a refund at the termination of the proceeding in which the increased tip fees are pending. 34.4.3 Any motor carrier using the foregoing procedure shall file a petition simultaneously with the tariff filing, invoking the provisions of this rule.

34.4.4. The motor carrier shall file evidence of past solid waste disposal tip fees in the form of copies of bills rendered by the solid waste disposal facility. The minimum data requirement in support of this filing shall be copies of the most recent six (6) months' disposal bills.

34.4.5. Before placing rates into effect pursuant to this procedure, the motor carrier shall enter into an agreement that, if it shall receive a refund or reduction of all or part of the higher tip fees upon which its higher rates and charges are based, placed into effect as authorized by this procedure, it will comply with such order as the commission shall thereafter make in reference to such refund or tip fee reduction so received.

34.4.6. When any motor carrier which has increased its rates pursuant to proceedings under this rule receives a reduction, or a refund, on the tip fees of any commercial solid waste facility whose rates and charges were the basis for the rate increase proceedings under this rule, it shall report promptly to this Commission the new reduced rates and charges so ordered and the annual savings in costs resulting to the motor carrier from such reduction from the date said commercial solid waste facility increased its rates under this rule, or the amount of refund and the period to which it relates. Whereupon, this Commission may conduct an investigation to determine:

34.4.6.a. The amount of the reduction;

34.4.6.b. The effective date of the reduction;

34.4.6.c. The manner in which, and the extent to which, the motor carrier shall make refunds to its customers as a result of any refund or reduction received from a commercial solid waste facility to which it transports solid waste; and

34.4.6.d. The manner in which, and the extent to which, the motor carrier shall amend or adjust its rates to give effect to such reduction.

34.4.7. Any motor carrier which invokes the proceedings provided under Tariff Rule 34.3.1., hereof shall be deemed to have consented in advance to the proceedings under Tariff Rule 34.3.6.

34.4.8. Nothing in this rule shall be construed to prevent the Commission from investigating, in a separate proceeding, whether a motor carrier should absorb all or part of an increase in tip fees from a commercial solid waste facility.

W. Va. Code R. § 150-2-35 Change of Ownership-Adoption Notice

35.1. In case of change of ownership or control of a common carrier by motor vehicle, or when a carrier or a part of its business is transferred from the operating control of one company to that of another, or when its name is changed, the company which will thereafter operate the carrier business must use the rates, classifications and rules of the former operating company, (unless authorized to change by the Commission).

35.2. Within thirty (30) days after the Commission approves an application filed pursuant to Tariff Rule 35.1., said carrier shall issue and file in its own name the tariff of the predecessor carrier then in effect and adopted by it, or such other tariff as it proposes to put into effect in lieu thereof, as prescribed in hereof with proper identifying designation. (Example: P.S.C. W. Va. M.C. No. 1 cancels P.S.C. W. Va. M.C. No. 1. of [insert predecessor utility]).

35.3. When a tariff or revision is issued by a motor carrier in compliance with Tariff Rule 35.2. which states the rates, rules and regulations of the predecessor carrier without change in any of the provisions thereof, the same may be filed without notice; but when such tariff or revision states any change in the effect of the rates, rules and regulations of the predecessor motor carrier, such tariff or revision shall be subject in all respects as to filing and notice as provided in these rules.

W. Va. Code R. § 150-2-36 Posting Tariffs

36.1. Every common carrier by motor vehicle shall provide a suitable table or desk in its principal office or offices located in the state where the common carrier shall make available to the public at all times the following:

36.1.1. A copy of all effective tariffs and supplements with the Commission's filing date stamped thereon, setting out its rates, fares, classifications, charges, and rules and regulations, together with forms of contracts and applications applicable to the territory served from that office or place of business.

36.1.2. A copy of Chapter 24-A, of W. Va. Code.

36.1.3. A copy of the rules for the government of such carrier, the Rules of Practice and Procedure and the Rules for the Construction and Filing of Tariffs adopted by the Commission.

36.1.4. A suitable placard, in large type, giving information to the public that said tariffs, rules and a copy of the law are kept there for public inspection.

36.2. Every carrier desiring to withdraw or cancel any tariff, rates, or schedules, under which no customer is receiving service, may do so by making informal application to the Commission setting forth its reasons for withdrawing or canceling said tariff, rate or schedule, and the Commission may refuse or grant said request.

W. Va. Code R. § 150-2-37 Information to be Submitted with Filing of Tariff or Application to Initiate or Change Rates

37.1. (Historical M.C. Rule 42). The information required by this rule represents the MINIMUM data that must accompany all tariff filings, applications for authority to change rates and charges or applications for approval of initial rates unless the Commission grants a waiver of this requirement, the filing is exempt as provided herein, or the filing is made pursuant to Tariff Rule 30.4 et seq. If a carrier fails to comply with this rule, the tariff filing or application may be dismissed by the Commission.

37.1.1. Each common carrier by motor vehicle, at the time it files a tariff for initial rates or stating changes in rates, shall present the proposed tariff, schedules and exhibits upon which it intends to rely in support of its application or filing. Such tariff schedules and exhibits shall include, but not necessarily be limited to, the minimum requirements outlined in Statements A to J, inclusive. No sooner than thirty (30) days following the filing of a tariff, application for authority to change rates and charges, or application for approval of initial rates, the Commission may direct the filing of testimony in support of such filing.

37.1.2. Deletion of any required schedule as outlined in this rule may cause the Commission to dismiss the tariff filing.

37.1.3. Filing shall be in such form and contents so as to provide the Commission with sufficient information with which to evaluate the request of the applicant. Information shown in financial statements (prior to adjustments) shall originate from the applicant's general records.

37.1.4. The information required by this rule shall be furnished as a minimum requirement. Other information shall be provided as deemed appropriate by the applicant or as requested by the Commission.

37.1.5. Provided further, this rule may be waived for good cause where the proposed tariff provision, has a de minimis financial impact, reflects a change in practices, a rate reduction, or removal of an obsolete rate or provision. Requests for waiver for good cause in these categories shall be accompanied by explanatory information including the reasons for the proposed change; the class or classes of customers affected; the extent to which such customers will be affected; the net financial effect of the proposed clarification or new offering; change; and a verification of such information by an appropriate company official.

37.1.6. Provided further, the provisions of Tariff Rule 37.1 (Historical M.C. Rule 42) shall not apply to: (i) filings to institute bad check charges; (ii) delayed payment penalties; (iii) optional services which have no adverse impact on customers who do not choose to use the new service; and (iv) tariff filings pursuant to accelerated rate proceedings allowed under these rules.

37.1.7. An original and six (6) copies of the filing shall be submitted to the Commission. The carrier will file additional copies of the filing upon request by the Commission’s Executive Secretary.

37.1.8. TEST PERIOD: Actual audited or finally closed experience for the most recent twelve (12) month period ending on a calendar quarter available shall be used in preparing statements A through J inclusive. All adjustments for known and measurable changes in revenues and cost shall be clearly and fully explained. If the carrier has been in operation less than twelve (12) months, estimates covering the period in which actual experience was not available, may be used in preparing the statements. The bases, procedure and data used to prepare such estimates shall be submitted in such detail as to permit ready analysis of the estimates.

37.2. The format for a formal application to change rates, and the statements and supporting schedules to accompany said application and/or tariff filing are set forth in P.S.C. M.C. Tariff Form No. 42, and supporting statements A through J.

Tariff Form No. 1 (Tariff Rule 11.1 et seq.)

PETITION FOR PERMISSION TO FILE TARIFFS

ON LESS THAN STATUTORY NOTICE ________________________________________

(Name of petitioning utility) ______________________________, (Place and date)

To the Public Service Commission of West Virginia, The _______________________________________________(Name of petitioning utility) does respectfully petition the Commission that it be permitted, under section 4, article 2 of the law, to put in force the following rates, to become effective ____________(number of days) days after the filing thereof with the Commission:

(State fully the rate it is desired to put into effect; if freight rates, the articles upon which they are to apply, and the points affected).

Your petitioner further represents that the above rates will be published in Tariff P.S.C.W. Va. No. _____________________ or in Supplement No. __________________ to Tariff P.S.C.W. Va. No. ________________ and will supersede and take the place of the rates on like traffic and/or for like service as are set forth in Tariff P.S.C.W. Va. No. ____________________ or Supplement No. __________________ to Tariff P.S.C.W. Va. No. _____________ on file with the Commission.

And your petitioner further bases such requests upon the following facts, which present certain special circumstances and conditions justifying the request herein made.

(State fully all the circumstances and conditions which are relied upon as justifying the application and if the rates to be filed state a reduction in the existing rates, the estimated annual saving to the users of the service affected thereby.) _____________________________________ (Name of utility)

By:___________________________________(Name of officer) ______________________________________(Title of officer)

Tariff Form No. 2 REPORT ON TARIFF CHANGE (To be filed in duplicate)

Name of utility ________________________________________________________________________________ Address main office ____________________________________________________________________________ Information compiled by _______________________________________(name of preparer) ___________________________________________________________(title of preparer) ________________________ (Class of Service) Tariff P.S.C. W. Va. No. ____________________________ Sheet No. ____________________________(New Tariff Designation)

Change ______________________________________________________________________________________ (State part of tariff affected by change, such as: Applicability, availability, rates, etc,)

Reason for Change _____________________________________________________________________________ Approximate annual reduction in revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _________________________ Approximate annual increase in revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________________________ ================================================================================= Locations affected Estimated number of customers whose cost of service will be: ____________________________________________________________________________________________ Reduced Increased Unchanged __________________ __________________ ______________ Remarks_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________(Reporting Utility)

By _______________________________________(Name of officer) __________________________________________(Title of officer)

(FOR COMMISSION'S USE ONLY)___

Tariff Form No. 3 (Tariff Rule 3.6)

STANDARD FORM OF TARIFF FOR __________ UTILITY

P.S.C. W. Va. No. 12 Canceling P.S.C. W. Va. No. 11 CITY OF BLANKVILLE, a municipal corporation of Blankville, West Virginia Rates, Rules and Regulations for Furnishing ____________ at Blankville Blank County, West Virginia FILED WITH THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA Issued___________ Effective ___________ Issued by City of Blankville _________________________________ (Name of Utility)

By:_______________________________ (Name of officer) __________________________________ (Title of officer) _________________Revision of _______________ (sheets revised) canceling _________ (sheets canceled)

Tariff Form No. 4a (Tariff Rule 3.6)

STANDARD FORM OF TARIFF SHEET FOR WATER UTILITY

NAME OF UTILITY

CITY, STATE

Applicability Applicable within the entire territory served.

(or if split tariff, then specify what areas are applicable.)

Availability Available for general domestic, commercial, industrial. and sale for resale water service.

Rates (customers with metered water supply)

(Declining block rate style tariff)

First X,XXX gallons used per month $X.XX per 1,000 gallons Next X,XXX gallons used per month $X.XX per 1,000 gallons All over X,XXX gallons used per month $X.XX per 1,000 gallons (Declining block rate style cubic feet)

First XXXX cubic feet used per month $X.XX per ___cubic feet Next XXXX cubic feet used per month $X.XX per ___ cubic feet All over XXXX cubic feet used per month $X.XX per ___ cubic feet (Service charge and usage style tariff)

Service Charge $X.XX per month Usage Charge X.XX per 1,000 gallons water usage or per ___ cubic feet Flat Rate Charge (customers with non-metered water supply)

Equivalent to X,XXX gallons or ___ cubic feet of water usage, $X.XX Tariff Form 4a page 2 of 4 Minimum Charge No minimum bill will be rendered for less than $XX.XX per month which is the equivalent of X,XXX gallons or ___ cubic feet of water.

Equivalent gallons Cubic feet 5/8 inch meter $XX.XX X,XXX X,XXX 3/4 inch meter XX.XX X,XXX X,XXX 1 inch meter XX.XX X,XXX X,XXX 1-1/4 inch meter X.XXX X,XXX X,XXX 1-1/2 inch meter XX.XX X,XXX X,XXX 2 inch meter XX.XX X,XXX X,XXX 3 inch meter XX.XX X,XXX X,XXX 4 inch meter XX.XX X,XXX X,XXX 6 inch meter XX.XX X,XXX X,XXX 8 inch meter XX.XX X,XXX X,XXX Note: When rates are increased as a result of a 30B case, the original minimum charges are not changed because the increment is based on gallons of water used.

Note: Sales for Resale is to be used when one water utility is selling water to another water utility for resale.

All water for resale to will be billed in accordance to the approved rate of $X.XX per 1,000 gallons or per ___ cubic feet used per month.

Note: Bulk Rate is to be used when a water utility is selling a large amount of water to a customer for its own use.

All water for bulk purchase will be billed at the approved rate of $X.XX per 1,000 gallons or ___ cubic feet used per month.

Instead a clause is added below the minimum charges, which reads as follows:

The above minimum charge is subject to an additional $X.XX per 1,000 gallons or ___ cubic feet of water used per month.

Returned Check Charge A service charge equal to the actual bank fee assessed to the District or a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by their bank due to insufficient funds.

Private Fire Protection Service:

Where connections, hydrants, sprinklers, etc. on private property are maintained by consumer: 1 inch Service Line with hydrants, sprinklers, and/or hose connections . . . . . . . . 3 inch Service Line with hydrants, sprinklers, and/or hose connections . . . . . . . . 4 inch Service Line with hydrants, sprinklers, and/or hose connections . . . . . . . . 6 inch Service Line with hydrants, sprinklers, and/or hose connections . . . . . . . . 8 inch Service Line with hydrants, sprinklers and/or hose connections . . . . . . . . . 10 inch Service Line with hydrants, sprinklers, and/or hose connections . . . . . . . . 12 inch Service Line with hydrants, sprinklers, and/or hose connections . . . . . . . .

Where connections and hydrants on private property are maintained by the water utility . . . . .

Tariff Form 4a page 3 of 4 These terms are payable monthly in advance.

Public Fire Protection Service:

The shall pay a public fire service charge of $ per annum, payable in twelve equal monthly payments. This charge covers all water system facilities existing at , , which are used in whole or in part for public fire service.

Note: The below provision will be added to the water utility’s tariff, but added on a separate page preceding the tariff page(s).

Municipal Excise Tax Surcharge The municipalities listed below, having imposed public utility tax computed on the basis of two percent of the revenues from water sales by water utility within the corporate limits of such municipalities, shall be billed as a “surcharge” to the customers receiving service within said corporate limits.

The water utility is required to collect the utility tax pursuant to W. Va. Code § 8-13-5a.

Customers receiving water service within the corporate limits of the specified municipality shall pay a surcharge based on the following surcharge rates:

Utility Excise Tax Municipality Local Tax Rate Surcharge Rate Delayed Payment Penalty The above schedule is net. On all accounts not paid in full when due, ten percent will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.

Reconnection $X.XX To be charged whenever the supply of water is turned off for violations of rules, non-payment of bills, or fraudulent use of water.

Surcharge $X.XX per bill per month for a period not to exceed XXX years from the effective date of this tariff will be charged in order to eliminate the arrearage to XXXXXXXX.

Tap Fee The following charges are to be made whenever the utility installs a new tap to serve an applicant.

A tap fee of $X.XX will be charged to customers applying for service before construction is completed adjacent to the customer’s premises in connection with a certificate proceeding before the Commission. This pre-construction tap fee will be invalid after the completion of construction adjacent to an applicant’s premises that is associated with a certificate proceeding.

A tap fee of $X.XX will be charged to all customers who apply for service outside of a certificate proceeding before the Commission for each new tap to the system.

Leak Adjustment $X.XX per 1,000 gallons or per ___ cubic feet is to be used when a bill reflects unusual consumption which can be attributed to eligible leakage on customer’s side of the meter. This rate shall be applied to all such consumption above the customer’s historical average usage.

Security Deposit (for utilities other than public service districts and municipalities)

Not to exceed one-twelfth (1/12) of the annual estimated charge for residential service or one-sixth (1/6) of the annual estimated charge for commercial service, or fifty dollars, whichever is greater.

Tariff Form 4a page 4 of 4 Security Deposit (for public service districts and municipalities)

Not to exceed two-twelfth (2/12) of the average annual usage of the applicant’s specific customer class or fifty dollars, whichever is greater. This fee may be changed by applicable statutory provisions.

EFT, CREDIT CARD AND DROP BOX PAYMENTS FOR PUBLIC SERVICE DISTRICTS

A service charge will be imposed on EFT, Credit Card or Drop Box payments. The amount shall be equal to the actual charges to the utility from the financial institution for processing payment. No additional charge or fee shall be collected by the District for accepting these forms of payment. _____________ Revision of _____________ Sheets Revised canceling__________(sheets canceled)

Tariff Form No. 4b (Tariff Rule 3.6)

STANDARD FORM OF TARIFF SHEET FOR SEWER UTILITY1

(Loose Leaf)

NAME OF UTILITY

CITY, STATE

Applicability Applicable within the entire territory served. (or if split tariff, then specify what areas are applicable.)

Availability Available for general domestic, commercial and industrial service and sale for resale sewer service.

Rates (customers with metered water supply)

(Declining block rate style tariff)

First X,XXX gallons of water used per month $X.XX per 1,000 gallons Next X,XXX gallons of water used per month X.XX per 1,000 gallons All Over X,XXX gallons of water used per month X.XX per 1,000 gallons (Declining block rate style cubic feet)

First XXXX cubic feet used per month $X.XX per ___cubic feet Next XXXX cubic feet used per month $X.XX per ___ cubic feet All over XXXX cubic feet used per month $X.XX per ___ cubic feet (service charge and usage style tariff)

Service charge $X.XX per month Usage charge $X.XX per 1,000 gallons of water usage or $X.XX per ___ cubic feet.

Flat Rate Charge (customers with non-metered water supply)

Equivalent of X,XXX gallons of water usage or $X.XX per ___ cubic feet, $XX.XX per month.

Minimum Charge No bill will be rendered for less than $XX.XX per month, which is the equivalent of X,XXX gallons or ______ cubic feet of usage with a 5/8" meter.

Note: When rates are increased as a result of a 30B case, the original minimum charge is not changed because the increment is based on gallons or cubic feet of water used. Instead a clause is added below the minimum charge, which reads as follows:

The above minimum charge is subject to an additional $X.XX per 1,000 gallons of water or $X.XX per ___ cubic feet of water used per month.

Returned Check Charge A service charge equal to the actual bank fee assessed to the sewer utility up to a maximum of $25.00 will be imposed upon any customer whose check for payment of charges is returned by the bank due to insufficient funds. _______________________________ 1 A utility should use only the provisions of this form that are applicable to it.

Tariff Form No. 4b Page 2 of 4 Disconnect/Reconnect/Administrative Fees Whenever water service has been disconnected for non-payment of sewer bills in conjunction with a water service termination agreement with (name of water company), a disconnection fee of $XX.XX shall be charged; or in the event the delinquent sewer bill is collected by the water company, an administrative fee of $XX.XX shall be charged.

Whenever water service, which has been previously disconnected or otherwise withheld for non-payment of a sewer bill in conjunction with a water service termination agreement with (name of water company), is reconnected, a reconnection fee of $XX.XX shall be charged.

Note: Bulk Rate in sewer is used when a sewer utility treats the wastewater of another utility or non-utility as specified.

All wastewater from (utility or non-utility as specified) will be treated at the approved rate of $X.XX per 1,000 gallons or $X.XX per ___ cubic feet.

Note: The below provision will be added to the sewer utility’s tariff, but added on a separate page preceding the tariff page(s).

Municipal Excise Tax Surcharge The municipality listed below, having imposed public utility tax computed on the basis of two percent of revenues from sewer service sales by the sewer utility within the corporate limits of such municipalities, shall be billed as a “surcharge” to the customers receiving service within said corporate limits.

The sewer utility is required to collect the utility tax pursuant to W. Va. Code § 8-13-5a.

Customers receiving sewer service within the corporate limits of the specified municipality shall pay a surcharge based on the following surcharge rates:

Utility Excise Tax Municipality Local Tax Rate Surcharge Rate Security Deposit (for utilities other than public service districts and municipalities)

Not to exceed one-twelfth (1/12) of the annual estimated charge for residential service or one-sixth (1/6) of the annual estimated charge for commercial service, or fifty dollars, whichever is greater.

Security Deposit (for public service districts and municipalities)

Not to exceed two-twelfth (2/12) of the average annual usage of the applicant’s specific customer class or fifty dollars, whichever is greater. This fee may be changed by applicable statutory provisions.

EFT, CREDIT CARD AND DROP BOX PAYMENTS FOR PUBLIC SERVICE DISTRICTS

A service charge will be imposed on EFT, Credit Card or Drop Box payments. The amount shall be equal to the actual charges to the utility from the financial institution for processing payment. No additional charge or fee shall be collected by the District for accepting these forms of payment.

Delayed Payment Penalty The above schedule is net. On all accounts not paid in full when due, ten percent will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.

Surcharge $X.XX per bill per month for a period not to exceed XXX years from the effective date of this tariff will be charged in order to eliminate the arrearage to XXXXXX.

Tap Fee The following charges are to be made whenever the utility installs a new tap to serve an applicant.

Tariff Form No. 4b Page 3 of 4 A tap fee of $X.XX will be charged to customers applying for service before construction is completed adjacent to the customer’s premises in connection with a certificate proceeding before the Commission. This pre-construction tap fee will be invalid after the completion of construction adjacent to the applicant’s premises that is associated with a certificate proceeding.

A tap fee of $X.XX will be charged to customers applying for service outside of a certificate proceeding before the Commission for each new tap to the system.

Leak Adjustment $X.XX per 1,000 gallons or $X.XX per ___ cubic feet of water is to be used when a bill reflects unusual water consumption which can be attributed to eligible leakage on customer’s side of meter. This rate shall be applied to all such consumption above the customer’s historical average usage.

Surface or Ground Water Surcharge An additional amount shall be charged where surface or ground water is introduced into the sanitary system where evidence of a violation exists.

Surcharge formula to be applied in cases where surface drainage is connected to the utility’s sewer system.

Applicability Whenever the utility has discovered that a customer’s roof drain, downspout, storm sewer or similar facilities conducting surface water have been connected to the utility’s sewer system, and such customer has failed to take appropriate action, within thirty (30) days of receipt of a demand by the utility in accordance with the Rules of the Public Service Commission, to eliminate such connection, a surcharge will be imposed upon the customer calculated on the basis of the following formula:

S = A x R x .0006233 x C S = The surcharge in dollars A = The area under roof and/or the area of any other water collection surface connected to the sanitary sewer, in square feet.

R = The measured monthly rainfall, in inches. .0006233 = A conversion factor to change inches of rain x square feet of surface to thousands of gallons of water. .0008333 = A conversion factor to change inches of rain x square feet of surface water to $ per 100 cubic feet C = The utility’s approved rate per thousand gallons of metered water usage.

The utility shall not impose the surcharge unless and until the customer has been notified by certified mail, return receipt requested, or by hand delivery, that it has been established by smoke testing, dye testing, or on-site inspection that rain or surface water is being introduced into the sanitary sewer system at the customer’s location, and that the customer has not acted within thirty (30) days from receipt of such notice to divert the water from the sanitary sewer system.

Said surcharge shall be calculated and imposed for each month that said condition continues to exist. Failure to pay the surcharge and/or correct the situation shall give rise to the possible termination of water service in accordance with the Rules of the Public Service Commission of West Virginia.

Surcharge Formula to be applied to a customer producing unusual waste.

The charge for the treatment of unusual waste will be calculated on the basis of the following formula:

Ci = VoVi + BoBi + SoSi Ci = charge to unusual users per year Vo = average unit cost of transport and treatment chargeable to volume, in dollars per gallon Vi = volume of waste water from unusual users, in gallons per year Bo = average unit cost of treatment, chargeable to Biochemical, Oxygen Demand (BOD), in dollars per pound Tariff Form No. 4b Page 4 of 4 Bi = weight of BOD from unusual users, in pounds per year So = average unit costs of treatment (including sludge treatment) chargeable to total solids, in dollars per pound Si = weight of total solids from unusual users, in pounds per year When an unusual user is to be served, a preliminary study of its wastes, and the costs of transport and treatment thereof, will be made. Waste containing materials which, in the judgment of the utility should not be introduced into the sewer system need not be handled by it. The results of the preliminary study will be used to determine the feasibility of the proposed sewer service and the charge therefor, based upon the formula set out above.

Thereafter, unusual sewage will be monitored on a regular basis and at the conclusion of each fiscal year, based on the investigation aforesaid and audit of the utility records, new cost figures will be calculated for use in the above formula. The cost of establishing the monitoring facilities shall be paid by the unusual user. Based on these audited figures, additional billings covering the past fiscal year will be made for payment by each unusual user, or refund given by the utility, as the case may be. Such audited figures will then be used for the preliminary billing for the next fiscal year, at the end of which an adjustment will be made as aforesaid.

Tariff Form No. 5 (Tariff Rule 13.2 form of Certified Statement for public service districts proposing rate increase of less than twenty-five percent of gross revenues)

To Public Service Commission of West Virginia, Charleston, West Virginia Pursuant to the requirements of Tariff Rule 13.2 of the Rules for the Construction and Filing of Tariffs (Tariff Rules), I hereby certify that I am ___________________________ (title of officer) of the _________________________________(name of utility), a public service district furnishing ________________________________________(type of service) service within the State of West Virginia, and on the _________ day of _________________________, ______ (date), issued its Tariff P.S.C. W. Va. No. ________, canceling Tariff P.S.C. W. Va. No., and that: _____ (i) On the ____ day of ______, the newspaper ____________________ (insert the name of newspaper or newspapers of general circulation in each county where public service district provides service) published a notice stating the percentage increase in gross revenues that will be generated by the rates proposed in this rate filing. _____ (ii) The rates proposed in this rate application constitute a rate increase over current rates that will result in a less than twenty-five percent increase in gross revenues of the public service district as reflected in the Rule 42, Statement A, Schedule 1 as Total Sales. _____ (iii) This rate application is accompanied by the information prescribed by Rule 42 of the Tariff Rules. ____________________________________ (Name of Public Service District)

By: ___________________________________ (Name of officer) ____________________________________ (Title of officer)

Note: Attach a copy of the newspaper publication to this certified statement Tariff Form No. 6 (Tariff Rule 8.1 et seq. and 10.1 et seq.)

FORM OF CERTIFICATE OF POSTING, PUBLICATION,

AND SEPARATE MAILING OF NOTICE

TO CUSTOMERS OF CHANGE IN TARIFF

To Public Service Commission of West Virginia, Charleston, West Virginia Pursuant to the requirements of the Rules for the Construction and Filing of Tariffs, I hereby certify that I am ___________________________ (title of officer) of the _________________________________________(name of utility), a public utility furnishing ____________________________ (type of service) service within the State of West Virginia, which on the _________ day of ___________________________, ______ (date), issued its Tariff P.S.C.W. Va. No. ____________, canceling Tariff P.S.C.W. Va. No. ______________, and that notice of the issuing of the same is being posted, published and mailed to all customers as required by either Tariff Rule 8.1 et seq. or 10.1 et seq. of said Rules, as follows:

Posting and Publication: _____ (i) On the __________ day of _____________________, ______, exhibiting Tariff Form 8 or 8-A (as applicable) for public inspection at the offices and places of business of the Company in the territory affected thereby, at least thirty (30) days prior to the date such tariff or revision is to become effective. ______(ii) delivering to [utility to insert name of newspaper(s)] a newspaper or newspapers of general circulation in each of the counties in which the utility provides service, for publication therein once a week for two successive weeks, Tariff Form No. [8 or 8-A] [utility to indicate applicable form]. A certificate(s) of publication will be furnished to the Commission upon the completion of the same. _____(iii) issued a press release to [utility to insert name of newspaper(s)] a newspaper or newspapers of general circulation in each of the counties in which the carrier provides service, containing the substance of Tariff Form No. [8 or 8-A];

I. Mailing to resale customers: _____ The utility does not have resale customers; or _____ On the _____ day of _____, _____, the utility separately mailed Tariff Form No. [8 or 8-A ] to each of its resale customers, via certified mail, return receipt requested.

II. Mailing to non-resale customers:

On the ___ day of ____, _____, the utility completed the mailing of separate notices to each of its non-resale customers by one or a combination of the following methods (check all that apply): _____(i) inclusion of Tariff Form No. [8 or 8-A] as a bill insert; _____(ii) separately mailing Tariff Form No. [8 or 8-A]; or _____(iii) only for applicants that bill by postcard instead of in an envelope, and who elect not to separately mail Tariff Form No. [8 or 8-A], inclusion of a statement on a postcard billing as follows: “This utility is seeking a rate increase. Details available in newspaper publications or at the utility office after [applicant to insert date application filed with Commission] by calling [applicant to insert utility office telephone number]”; or ______ (iv) Not more than twenty (20) customers will be so affected by the proposed change, and the utility mailed printed notice in the form of Tariff Form No. [8 or 8-A] to each of its customers affected either as a bill insert or as a separate mailing.

Tariff Form No. 6 Page 2 of 2 ____________________________________ (Name of Utility)

By: ___________________________________ (Name of officer) ____________________________________ (Title of officer)

Tariff Form No. 6-A (Tariff Rule 12.1 et seq. and Tariff Rule 23.2 et seq.)

LRR Public Service District and LRR Muni VERIFICATION THAT RATE NOTICE WAS MAILED TO WHOLESALE CUSTOMERS To Public Service Commission of West Virginia, Pursuant to the requirements of Tariff Rule 12.1 et seq. or Tariff Rule 23.2 et seq., as applicable, I hereby certify that I am ___________________________ (title of officer) of the ____________________________(name of LRR Public Service District or LRR Muni), a public utility furnishing ________________________________________(type of service) service within the State of West Virginia, which on the _________ day of ___________________________, ______ (date), adopted a resolution or ordinance to change its tariff pursuant to Tariff Rule 12.1 et seq. or Tariff Rule 23.2 et seq., as applicable, and that the utility mailed notice to wholesale customers advising of the change in rates, fees or charges and advising of the right to file a complaint with the Public Service Commission within thirty days of the effective date of the change in rates, fees or charges, pursuant to W. Va. Code §24-2-1(a)(6). Given under my hand this _______ day of ____________________, _______. ____________________________________ (Name of utility) ____________________________________ (Name of officer) ____________________________________(Title of officer)

Tariff Form No. 6-B (Tariff Rule 8.2 et seq. (Historical Rule 19-A))

FORM OF CERTIFICATE OF PUBLICATION AND MAILING

OF NOTICE OF CHANGE IN TARIFF

To Public Service Commission of West Virginia, Pursuant to the requirements of Tariff Rule 8.2. (Historical Rule 19-A), I hereby certify that I am ___________________________ (title of officer) of the ____________________________(name of utility), a public utility furnishing ________________________________________(type of service) service within the State of West Virginia, which on the _________ day of ___________________________, ______ (date), filed an application to change its tariff pursuant to Rule 19-A and that notice to the public of the Staff recommended rates with regard to this application, has been published and mailed as required by Tariff Rule 8.2. (Historical Rule 19-A) as follows:

Check as applicable:

Publication and Mailing:

(i) within ten (10) days of receiving the Commission’s order requiring notice of the Staff recommended rates, the utility: (1) delivered a completed Tariff Form No. 10 to [utility to insert name of newspaper(s)], a newspaper or newspapers of general circulation in each of the counties in which the utility provides service, for publication one time. The utility is attaching, or will file, a photocopy of the newspaper publication with the Commission; and (2) the utility mailed a copy of Tariff Form No. 10 to each of its resale customers. or (ii) the utility mailed printed notice in the form of Tariff Form No. 10 to each of its customers . ____________________________________ (Name of utility) ____________________________________ (Name of officer) ____________________________________(Title of officer)

Tariff Form No. 7 (Tariff Rule 13.9. for public service districts proposing rate increase of less than twenty-five percent of gross revenues)

FORM OF CERTIFICATE OF PUBLICATION AND SEPARATE MAILING OF

NOTICE TO CUSTOMERS OF CHANGE IN TARIFF

To Public Service Commission of West Virginia, Charleston, West Virginia Pursuant to the requirements of Tariff Rule 13.1 et seq. of the Rules for the Construction and Filing of Tariffs, I hereby certify that I am _____________________ (title of officer) of the _________________________ (name of utility), a public utility furnishing _______________ (type of service) service within the State of West Virginia, and on the ____ day of ____________, ____ (date), issued Tariff P.S.C. W.Va. No. ______, canceling Tariff P.S.C. W. Va. No. ______, and that notice of the issuing of the same is being provided as required by Tariff Rule 13.1 et seq. as follows: _____ (i) within ten days after filing its rate application, on the ____ day of _________, ____, the public service district exhibited a copy of its Tariff Form No. 8-A1 at its offices and places of business in the territory affected. _____ (ii) delivered to [name of newspaper(s)] a newspaper or newspapers of general circulation in each of the counties in which the public service district provides service, for publication once a week for two successive weeks, Tariff Form No. 8-A1. A newspaper-provided affidavit of publication will be furnished to the Commission as soon as it is available. _____ (iii) issued a press release to [name of newspaper(s)] a newspaper or newspapers of general circulation in each of the counties in which the public service district provides service, containing the substance of Tariff Form No. 8-A1.

Mailing to resale customers: _____ This public service district does not have resale customers; or _____ On the ___ day of _______, ____, the public service district separately mailed Tariff Form No. 8-A1 to each of its resale customers, via certified mail, return receipt requested.

Mailing to non-resale customers:

On the ____ day of _______, ____, the public service district completed the mailing of separate notices to each of its non-resale customers by one or a combination of the following methods (check all that apply): _____ (i) included Tariff Form No. 8-A1 as a bill insert; _____ (ii) separately mailed Tariff Form No. 8-A1; or _____ (iii) only for applicants that bill by postcard instead of in an envelope, and who elect not to separately mail Tariff Form No. 8-A1, included of a statement on a postcard billing as follows: “This utility is seeking a rate increase. Details available in newspaper publications or at the utility office after [insert date application filed with the Commission] by calling [insert public service district office telephone number].”; or _____ (iv) not more than twenty customers will be affected by the proposed change, and the public service district mailed printed notice in the form of Tariff Form No. 8-A1 to each of its customers affected either as a bill insert or as a separate mailing.

Given under my hand this ____ day of ________, ____. _____________________________ (Name of public service district)

By: _____________________________ (Name of officer) ________________________________ (Title of officer)

Tariff Form No. 8 (Tariff Rule 10.1.a. et seq.)

PUBLIC NOTICE OF CHANGE IN RATES WITH PROPOSED EFFECTIVE DATES

NOTICE is hereby given that __________________________ (name of utility), a public utility, has filed with the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, a tariff containing increased rates, tolls and charges for furnishing _________________ (type of service) service to _______ (number of customers) customers at _____________(name localities) in the County(ies) of ____________________.

The proposed increased rates and charges will become effective ______________ (date) 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:

Resale customers of ____________ (name of utility) include __________________________ (list all resale customers by name.

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. Any increase in rates and charges will not become effective until authorized and approved by the Public Service Commission. (If a hearing is scheduled, notice will be given of the time and place of hearing.)

Anyone desiring to protest or intervene should file a written protest or petition to intervene prior to [utility to fill in proposed effective date]. If the Commission suspends the effective date, the Commission may establish a final deadline for intervention., . Failure to timely protest or intervene can affect your rights to protest any rate increases or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or intervention. Requests to intervene must comply with the Commission's rules on intervention. All interventions may be mailed and addressed to The Executive Secretary, Public Service Commission of West Virginia, P. O. Box 812, 201 Brooks St., Charleston, West Virginia 25323, or may be hand-delivered. Protests may be filed on line through the Commission website (www.psc.state.wv.us) using the “Submit a Comment” link or may be mailed to the Executive Secretary at the same address as above.

A complete copy of this tariff, 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: _______________________________________________________________ A copy of this tariff is also available for public inspection at the office of the Executive Secretary of the PUBLIC SERVICE COMMISSION at 201 Brooks Street, Charleston, West Virginia.

Tariff Form No. 8-A (Tariff Rule 8.1.a. et seq.)

PUBLIC NOTICE OF CHANGE IN RATES UPON APPLICATION

WITHOUT PROPOSED EFFECTIVE DATES

NOTICE is hereby given that __________________________ (name of utility), a public utility, has on ______________, ___ (date), filed with the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, an application containing increased rates, tolls and charges for furnishing _________________ (type of service) service to _______ (number of customers) customers at _____________(name localities) in the County(ies) of ________________.

The proposed increased rates and charges 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:

Resale customers of __________________________________(name of utility) include _______________________________ (list all resale customers by name).

The increases shown are based on averages of all customers in the indicated class. Each class may receive an increase or decrease greater or less than stated here. 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. Any increase in rates and charges will not become effective until authorized and approved by the Commission. (If a hearing is scheduled, notice will be given of the time and place of hearing.)

Anyone desiring to protest or intervene should file a written protest or notice of intervention within thirty days, unless otherwise modified by Commission order. Failure to timely protest or intervene can affect your rights to protest any rate increases or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or intervention. Requests to intervene must comply with the Commission's rule on intervention set forth in the Commission’s Rules of Practice and Procedure. All interventions may be mailed and be addressed to Executive Secretary, Public Service Commission of West Virginia, P. O. Box 812, 201 Brooks St., Charleston, West Virginia 25323, or hand-delivered. Protests may be filed on line through the Commission website using the “Submit a Comment” link or may be mailed or hand-delivered to the Executive Secretary at the address above.

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: ______________________________________________________________________________ A copy of the proposed rates is available for public inspection at the office of the Executive Secretary of the PUBLIC SERVICE COMMISSION at 201 Brooks Street, Charleston, West Virginia.

Tariff Form No. 8-A1 (Tariff Rule 13.1 et seq. for use by Non-LRR Public Service District proposing rates to increase utility gross revenues by less than twenty-five percent and electing immediate rate implementation subject to refund)

PUBLIC NOTICE OF CHANGE IN RATES IN EFFECT SUBJECT TO REFUND

NOTICE is hereby given that __________________________ (name of public service district), a public utility, has on ______________, ___ (date), filed with the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, an application containing increased rates, tolls and charges for furnishing _________________ (type of service) service to _______ (number of customers) customers at _____________(name localities) in the County(ies) of ________________.

The proposed increased rates and charges 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:

Resale customers of __________________________________(name of utility) include ___________ ___________________________ (list all resale customers by name).

The increases shown are based on averages of all customers in the indicated class. The requested rates and charges went into effect subject to refund on ____________ and are subject to change (increases or decreases) by the Public Service Commission in its review of this filing. Each class may receive an increase or decrease greater or less than stated here. Individual customers may receive increases that are greater or less than average. (If a hearing is scheduled, notice will be given of the time and place of hearing.)

Anyone desiring to protest or intervene should file a written protest or notice of intervention within thirty days unless otherwise modified by Commission order. Failure to timely protest or intervene can affect your rights to protest any rate increases or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or intervention. Requests to intervene must comply with the Commission's rule on intervention set forth in the Commission’s Rules of Practice and Procedure. All interventions may be mailed and be addressed to Executive Secretary, Public Service Commission of West Virginia, P. O. Box 812, 201 Brooks St. Charleston, West Virginia 25323, or hand-delivered. Protests may be filed on line through the Commission website using the “Submit a Comment” link or may be mailed or hand-delivered to the Executive Secretary at the address above.

A complete copy of the proposed rates, as well as a representative of the public service district 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 public service district: ______________________________________________________________________________ A copy of the proposed rates is available for public inspection at the office of the Executive Secretary of the PUBLIC SERVICE COMMISSION at 201 Brooks Street, Charleston, West Virginia.

Tariff Form No. 8-B (Reserved)

Tariff Form No. 8-B1 (Tariff Rule 14.1 et seq. (Historical Rule 30-B))

PUBLIC SERVICE COMMISSION

OF WEST VIRGINIA

CHARLESTON

CASE NO. XX-XXXX-X-30B

[NAME OF UTILITY] a public utility.

Application to increase rates to offset the increased costs of [purchased [gas] [water] [sewage treatment] [electricity]] [transportation of purchased [gas] [water] [sewage treatment] [electricity]] from the [SELLER].

NOTICE OF APPLICATION TO CHANGE RATES

NOTICE is hereby given that [NAME OF UTILITY], a public utility, has filed with the Public Service Commission of West Virginia, an application to increase its rates and charges for furnishing [gas] [water] [sewage treatment] [electricity] service to ___ customers at ___________.

Commission Staff has reviewed the [UTILITY’S] application and recommended that the [UTILITY] be permitted to raise its rates and charges to recover increased costs of purchased [gas] [water] [sewage treatment] [electricity] it pays to [SELLER]. The Commission has approved Staff’s recommended rates, on an interim basis for services rendered, that increase rates by $___ per [insert appropriate usage measurement]. [The Commission also approved, on an interim basis, Staff’s proposed incremental leak adjustment rate of _____ per [thousand gallons of metered water usage.]] The average monthly bill for the various classes of customers will be changed as follows:

Resale customers of ___________________ (name of utility) include ____________________________ (list all resale customers by name).

The Rule 30B procedure is designed to provide for a change in rates and charges in order to produce additional revenue sufficient, but no more than sufficient, to offset increased cost for gas, water, sewage treatment, or electricity or for transportation of the same to utilities. Consequently, protest should be limited to the reasonableness of the cost offset and the method by which it is calculated. Anyone desiring to protest or intervene should file a written protest or notice of intervention within twenty (20) days following the date of this publication unless otherwise modified by Commission order. Failure to timely intervene can affect your rights to protest any rate increases or to participate in future proceedings. Requests to intervene must comply with the Commission's rules on intervention. All interventions may be mailed and be addressed to the Executive Secretary, Public Service Commission of West Virginia, P.O. Box 812, 201 Brooks St. Charleston, WV 25323, or hand-delivered. Protests may be filed on line through the Commission website using the “Submit a Comment” link or may be mailed or hand-delivered to the Executive Secretary at the address above.

Attach as Appendix B [NAME OF UTILITY]

CASE NO. XX-XXXX-X-30B

STAFF RECOMMENDED TARIFF

Tariff Form No. 8-C (Tariff Rule 14.2 et seq. (Historical Rule 30-C))

PUBLIC NOTICE OF CHANGE IN RATES UPON APPLICATION

NOTICE is hereby given that __________________________, a public utility, has filed with the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, an application 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:

Resale customers of __________________ include ________________________________ (list all resale customers by name).

The increases shown are based on averages of all customers in the indicated class. Each class may receive an increase or decrease greater or less than stated here. Individual customers may receive increases that are greater or less than average. Furthermore, the requested increased 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. Any increase in rates and charges will not become effective until authorized and approved by the Public Service Commission. (If a hearing is conducted, notice will be given of the time and place of hearing.)

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 Executive Secretary of the Public Service Commission at 201 Brooks Street, Charleston, West Virginia.

The Rule 30-C procedure is designed to provide a procedure for changing rates charged to customers by natural gas distribution utilities based exclusively on the cost of purchased gas. Consequently, protest should be limited to the reasonableness of such costs and the method by which they are calculated. Anyone desiring to protest or intervene should file a written protest or notice of intervention within twenty-five (25) days following the date of this publication unless otherwise modified by Commission order. Failure to timely intervene can affect your rights to protest any rate increases or to participate in future proceedings. Requests to intervene must comply with the Commission's rules on intervention set forth in the Commission’s Rules of Practice and Procedure. All interventions must be mailed or hand-delivered and be addressed to Executive Secretary, Public Service Commission of West Virginia, P.O. Box 812, Charleston, WV 25323. Protests may be filed on line through the Commission website using the “Submit a Comment” link or may be mailed to the Executive Secretary, Public Service Commission of West Virginia, P. O. Box 812, Charleston, West Virginia 25323.

NOTE: Certificate of publication to be filed with Commission within fifteen (15) days of date of publication, unless notice is provided to not less than twenty (20) customers, as provided in Rule 30-C.

Tariff Form No. 9 (Tariff Rules 8.1 et seq., 8.2 et seq. (Historical RULE 19-A) and 10.1 et seq.)

NOTICE OF PUBLIC HEARING

A hearing will be held by the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, in a hearing room at 201 Brooks Street, Charleston on _____________________ (date), at _________ (time) concerning the increased rates and charges filed by ________________________________(name of utility), a public utility, for furnishing _________ (type of service) to _______ (number of customers) customers at _______________(name localities) in the County(ies) of ____________. Anyone desiring to protest the approval of these increased rates may file the protest on line through the Commission website using the “Submit a Comment” link, by mail addressed to: Executive Secretary of the PUBLIC SERVICE COMMISSION at P.O. Box 812, 201 Brooks Street, Charleston, West Virginia, 25323, or may appear at the hearing.

The proposed increased rates and charges 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:

Resale customers of _______________ (name of utility) include __________________________ (list all resale customers by name).

The increases shown are based on averages of all customers in the indicated class. Each class may receive an increase or decrease greater or less than stated here. 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. Any increase in rates and charges will not become effective until authorized and approved by the Commission.

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: __________________________________________________________________ NOTE: Certificate of publication to be filed with Commission within 15 days of date of publication.

Tariff Form No. 9a (Tariff Rule 13.10 for public service district with proposed rates that increase gross revenues by twenty-five percent or less)

NOTICE OF PUBLIC HEARING ON RATE APPLICATION

FOR RATES IN EFFECT SUBJECT TO REFUND

A hearing will be held by the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, in _______________ on _____________________ (date), at _______________ (time) concerning the increased rates and charges filed by ________________________________(name of public service district), a public utility, for furnishing _________ (type of service) to _______ (number of customers) customers at _______________(name localities) in the County(ies) of ____________. Anyone desiring to protest the approval of these increased rates may file a written protest on line through the Commission website using the “Submit a Comment” link by mail addressed to: Executive Secretary of the PUBLIC SERVICE COMMISSION at P.O. Box 812, 201 Brooks Street, Charleston, West Virginia, 25323, by hand-delivery TO THE Public Service Commission, or may appear at the hearing.

The proposed increased rates and charges are currently in effect subject to refund 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:

Resale customers of _______________ (name of utility) include __________________________ (list all resale customers by name).

The increases shown are based on averages of all customers in the indicated class. Each class may receive an increase or decrease greater or less than stated here. Individual customers may receive increases that are greater or less than average. The requested rates and charges are currently in effect, subject to change (increases or decreases) by the Public Service Commission in its review of this filing. If the Commission orders lower rates into effect, the utility will be required to make customer refunds.

A complete copy of the proposed rates, as well as a representative of the public service district 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 public service district: ______________ ______________________________________________.

NOTE: Certificate of publication to be filed with Commission within 15 days of date of publication.

Tariff Form No. 10 (Tariff Rule 8.2 et seq. (Historical Rule 19-A))

NOTICE OF APPLICATION TO CHANGE RATES

CASE NO. ___________________________

On ________________________________(date), _____________________________ (name of utility) a public utility, filed with the Public Service Commission of West Virginia, an application requesting increased (decreased) rates and charges for furnishing _____________________(type of service) service to _________________(number of customers) customers at _____________________ ________________________ (name localities) in the County(ies) of _____________________________________________________.

The Staff of the Public Service Commission has reviewed the application and has recommended increased (decreased) rates and charges designed to produce approximately $_____________ annually in additional (reduced) revenue, an increase (decrease) of _______________%. The present rates are as follows:

PRESENT RATES

The Staff- recommended rates are as follows:

STAFF- RECOMMENDED RATES

The average monthly bill for the various classes of customers would be changed as follows:

Resale customers of _______________ (name of utility) include ____________________________________ (list all resale customers by name).

Anyone desiring to review the Staff recommendation report may do so on the Commission website (www.psc.state.wv.us). Please note the rates that are ultimately adopted in the matter may be higher or lower than the Staff Recommended Rates. Anyone desiring to protest the changed rates and charges must do so, in writing, within ten (10) days of the date of publication of this notice. All protests may be filed on line through the Commission website using the “Submit a Comment” link or may be mailed to the Executive Secretary, Public Service Commission of West Virginia, P. O. Box 812, 201 Brooks St., Charleston, West Virginia 25323, or hand-delivered to the Public Service Commission. To help the Commission determine the justification for additional review and investigation, protests must be specific as to reasons that the changed rates and charges should be modified. In addition, anyone desiring a hearing in this matter must demand a hearing in the written protest.

If no hearing is demanded, the Commission may affirm the proposed rates without a hearing. ___________________________________ Utility Name Tariff Form No. 11 (Historical Rule 19-A)

APPLICATION TO CHANGE RATES

STATE OF WEST VIRGINIA

PUBLIC SERVICE COMMISSION

THE APPLICANT IS:

Name_____________________________________________________________Address_____________________________________________________________________________________________________________________________Telephone Number__________________________________________________ 2. THE PERSON RESPONSIBLE FOR THE BOOKS AND RECORDS IS:

Name_____________________________________________________________Address_____________________________________________________________________________________________________________________________Telephone Number__________________________________________________ LIST A COMPLETE SCHEDULE OF THE APPLICANT'S PROPOSED RATES. Attach a schedule if the space below is not sufficient. However, if the Applicant chooses to omit this section, the Form will be accepted for filing.

ATTACH A COPY OF THE APPLICANT'S MOST RECENTLY FILED FEDERAL INCOME TAX RETURN. (If omitted, include an explanation, and substitute a statement of income and expenses for the most recent accounting year used by the utility for bookkeeping purposes.)

If the Applicant's most recent required Annual Report is not already on file, include the Annual Report with this application. ___________________________ Signature of Owner or Officer Tariff Form No. 12 (Tariff Rule 23.1 et seq.)

PUBLIC NOTICE OF CHANGE IN RATES BY NON-LRR MUNI UTILITY

NOTICE is hereby given that _________________________________ (name of utility) public utility, has adopted by ordinance on _________________________ (date) a tariff containing increased rates, tolls and charges for furnishing _________________ (type of utility service) service to _____________ (number of customers) customers at __________________ (name localities) in the County(ies) of _____________________ ________________________.

The proposed increased rates and charges will become effective ____________________________ (date) 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 $ ___________ ____________ % Resale customers of _____________________(name of utility) include __________________ ____________________ (list all resale customers by name).

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 natural gas 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 of a municipally operated natural gas utility 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 or 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, 201 Brooks Street, P. O. Box 812, Charleston, West Virginia 25323.

A complete copy of the proposed rates, as well as a representative of the utility 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 utility.

(List with each publication only those offices applicable.)

A copy of the proposed rates is available for public inspection at the office of the Executive Secretary of the Public Service Commission at 201 Brooks Street, P. O. Box 812, Charleston, West Virginia 25323.

Tariff Form No. 13 (Tariff Rule 23.1 et seq.)

PUBLIC NOTICE OF CHANGE IN RATES BY ELECTRIC COOPERATIVE,

NATURAL GAS COOPERATIVE, OR TELEPHONE COOPERATIVE

NOTICE is hereby given that _________________________________ (name of utility) a public utility, has adopted by cooperative board resolution on _________________________ (date) a tariff containing increased rates, tolls and charges for furnishing _________________ (type of utility) service to _____________ (number of customers) customers at __________________ in the County(ies) of ______________________________________________.

The proposed increased rates and charges will become effective ____________________________ (date) 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 $ ___________ ____________ % Resale customers of _____________________ (name of utility) include ___________________________ ___________ (list all resale customers by name).

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 cooperative board 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, 201 Brooks Street, P.O. Box 812, Charleston, West Virginia 25323.

A complete copy of the proposed rates, as well as a representative of 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 Executive Secretary of the Public Service Commission at 201 Brooks Street, P. O. Box 812, Charleston, West Virginia 25323.

Tariff Form No. 14 (Tariff Rule 12.1.d. and 23.2.a.5)

NOTICE TO WHOLESALE CUSTOMER OF RIGHT TO FILE A RATE DISPUTE

NOTICE is hereby given that _________________________________ (name of LRR Public Service District, LRR Muni or electric, telephone or natural gas cooperative) a public utility, has adopted by [ordinance/resolution] on _________________________ (date) a tariff containing increased rates, tolls and charges for furnishing _________________ (type of utility) service. The proposed increased rates and charges will become effective ____________________________ (date) 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 $ ___________ ____________ % Resale customers of _____________________ (name of utility) include ___________________________ ___________ (list all resale customers by name).

As a wholesale customer of the utility, if you believe that the utility acted in an unjust, unreasonable, unlawful or discriminatory manner in adopting the rate increase, you may file a dispute and request an investigation of the increased rates by the Public Service Commission.

You must exercise your right to dispute and request an investigation on or before ____ [utility to insert date of adoption vote].

All petitions should be addressed to the Executive Secretary, Public Service Commission of West Virginia, 201 Brooks Street, P. O. Box 812, Charleston, West Virginia 25323.

A complete copy of the proposed rates, as well as a representative of the utility to provide any information requested concerning it, is available at:

(List with each publication only those offices applicable.)

A copy of the proposed rates is also available for public inspection at the office of the Executive Secretary of the Public Service Commission at 201 Brooks Street, P. O. Box 812, Charleston, West Virginia 25323.

Tariff Form No. 15 (Tariff Rules 3.4.1. and 3.4.2.)

Form for Locally Rate Regulated District or Locally Rate Regulated Municipality Municipal Ordinance or County Commission Resolution Number: __________________________ (Assigned by Executive Secretary)

Utility Name:

Approve By:

(Kanawha Co. Comm., etc.)

Approval Date:

Effective Date:

Revenue Produced By Rate Increase:

Total Revenue SB234 Funding Amount 1/8 cash working capital (Municipalities Only)

SB234 Depreciation Expense Other Changes to Rates, Fees & Charges Water Sewer Number of Customers Annual *ATTACH A COPY OF THE ORDINANCE OR RESOLUTION AND PUBLICATION INFORMATION.

SUMMARY OF CHANGE FOR AVERAGE MONTHLY BILL:

CUSTOMER CLASS

($) INCREASE

INCREASE (%)

Residential Commercial Industrial Resale Given under my hand this____day of ____________, ______. __________________________ (Name of public service district) __________________________ (Name of officer)

The formats for statements and supporting schedules required by Tariff Rule 20.1 et. seq. (Historical Rule 42) for those utilities whose entire operations are under the jurisdiction of the West Virginia Public Service Commission are as follows. page 2 of 19 STATEMENT OF NET INCOME Operating Revenue Deductions:

Depreciation and Amortization Taxes Other Than Federal Income Tax Provisions For Federal Income Tax Schedule 5 Total Deductions Net Operating Income Non Operating Income:

Other Income Schedule 6 Other Income Deductions Schedule 7 Net Income Rate Base Statement B Rate of Return page 3 of 19 DETAIL OF OPERATING REVENUES (10)

Sales of _____________: (Water, gas, etc.)

Total Sales of ____________ Other Operating Revenue:

Total Other Operating Revenue Total Operating Revenue page 4 of 19 DETAIL OF OPERATION AND MAINTENANCE EXPENSES (10)

Total Operation and Maintenance Expenses page 5 of 19 DEPRECIATION, DEPLETION AND AMORTIZATION EXPENSE Charges to Depreciation, Amortization and Depletion Accounts Function Charges to Clearing Accounts The form for the required detail of going level charges shall be as follows:

CALCULATION OF GOING LEVEL DEPRECIATION, DEPLETION AND AMORTIZATION

Plant in Service per Statement B Rate Charges TOTAL page 6 of 19 TAXES OTHER THAN FEDERAL INCOME TAXES Federal Taxes:

West Virginia Taxes:

(List Other States if Applicable):

Local Taxes Adjustments page 7 of 19 SCHEDULE 5 FEDERAL INCOME TAXES Adjusted Less:

Depreciation and Amortization (Per Books)

Taxes Other Than Income Taxes Net Operating Income before Federal Income Taxes Statutory Additions (Deductions)

Interest Additional Depreciation Detail by Type Adjustments Detail by Type Capitalized Taxes - Pensions Other (Itemize)

Net Additions (Deductions)

Taxable Income Tax at Statutory Rate Less Savings due to Consolidation (%)

Tax Including Savings before Investment Tax Credit Investment Tax Credit - Flow Through Provision for Current Taxes Amortization of Deferrals (Detail by Type)

Provision for Federal Income Taxes page 8 of 19 SCHEDULE 6 OTHER INCOME ================================================================================================================== SCHEDULE 7 OTHER INCOME DEDUCTIONS page 9 of 19 AVERAGE RATE BASE Utility Plant in Service Utility Plant Held for Future Use Unclassified Plant in Service Construction Work in Progress - Completed and in Service Accumulated Provision for Depreciation, Depletion and Amortization Schedule 8 Retirement Work in Progress Schedule 9 Contribution in Aid of Construction Schedule 10 Customer Advances Schedule 11 Net Investment in Utility Plant Working Capital Allowance Detailed by Type Schedules 5,6 & 7 Accumulated Deferred Federal Income Taxes Detailed Accumulated Deferred Investment Detailed Total Average Rate Base page 10 of 19 PLANT IN SERVICE page 11 of 19 PLANT HELD FOR FUTURE USE page 12 of 19 UNCLASSIFIED PLANT IN SERVICE page 13 of 19 CONSTRUCTION WORK IN PROGRESS - COMPLETED AND IN SERVICE page 14 of 19 SCHEDULE 5 MATERIAL AND SUPPLIES SCHEDULE 6 PREPAYMENTS It must be demonstrated that Prepayments are not offset by negative working cash page 15 of 19 SCHEDULE 7 WORKING CASH ALLOWANCE Provide detail of calculation SCHEDULE 8 ACCUMULATED DEPRECIATION, DEPLETION AND AMORTIZATION Function page 16 of 19 SCHEDULE 9 RETIREMENT WORK IN PROGRESS SCHEDULE 10 CONTRIBUTIONS IN AID OF CONSTRUCTION page 17 of 19 SCHEDULE 11 CUSTOMERS' ADVANCES FOR CONSTRUCTION STATEMENT C DETAIL OF EQUITY AND/OR DEBT CAPITAL -No specific format is contemplated for the Statement C data required by this rule. Each utility should clearly detail the information required.page 18 of 19 STATEMENT D BILL ANALYSIS -No specific format is contemplated for the required bill analysis.

STATEMENT D

COMPARISON OF PRESENT AND PROPOSED TARIFFS

Present Proposed $ $ $ % First x,000 gallons used per month Next x,000 gallons used per month Next x,000 gallons used per month All over x,000 gallons used per month Minimum charge The format for this schedule should follow the format of the applicant’s tariff pages. For an example utility tariff, the format would appear as follows:

The exact format for the pages necessary to complete this schedule will depend on the applicant’s current and proposed tariff structure, rate changes and rate design changes.

STATEMENT E

ALLOCATION OF COST OF SERVICE -No specific format is contemplated for the detail required in this Statement. Each utility to which Statement E is applicable should clearly detail the information required.- STATEMENT F COMPARATIVE BALANCE SHEET AS AT _____________________________, ______ and ______. -No specific format is required for Statement F, or Statement F, Schedules 1 and 2. Each utility should clearly detail the information required on these statements. page 19 of 19 STATEMENT G DETAIL OF ADJUSTMENTS Adjustment Number (Decrease)

The formats for statements and supporting schedules required by Rule 42 for those utilities whose entire operations are not under the jurisdiction of the West Virginia Public Service Commission are as follows:

Page 2 of 28 STATEMENT OF NET INCOME Operating Revenue Deductions:

Depreciation and Amortization Taxes Other Than Federal Income Tax Provisions For Federal Income Tax Schedule 5 Total Deductions Net Operating Income Non Operating Income:

Other Income Schedule 6 Other Income Deductions Schedule 7 Net Income Rate Base Statement B Rate of Return Page 3 of 28 DETAIL OF OPERATING REVENUES (10)

(11)

Sales of ________: (Water, gas, etc.)

Total Sales of Other Operating Revenue:

Total Other Operating Revenue Total Operating Revenue Page 4 of 28 DETAIL OF OPERATION AND MAINTENANCE EXPENSES (10)

(11)

Page 5 of 28 DETAIL OF OPERATION AND MAINTENANCE EXPENSES Total Operation and Maintenance Expenses Page 6 of 28 DEPRECIATION, DEPLETION AND AMORTIZATION EXPENSE Charges to Depreciation Amortization and Depletion Accounts Function Charges to Clearing Accounts The form for the required detail of going level charges shall be as follows:

CALCULATION OF GOING LEVEL DEPRECIATION, DEPLETION AND AMORTIZATION

Page 7 of 28 TAXES OTHER THAN FEDERAL INCOME TAXES Federal Taxes:

West Virginia Taxes:

Taxes:

(List Other States if Applicable)

Local Taxes Adjustments Page 8 of 28 SCHEDULE 5 FEDERAL INCOME TAXES Adjusted Less:

Depreciation and Amortization (Per Books)

Taxes Other Than Income Taxes Net Operating Income before Federal Income Taxes Statutory Additions (Deductions)

Interest Additional Depreciation Detail by Type Adjustments Detail by Type Capitalized Taxes - Pensions Other (Itemize)

Net Additions (Deductions)

Taxable Income Tax at Statutory Rate Less Savings due to Consolidation (%)

Tax Including Savings before Investment Tax Credit Investment Tax Credit- Flow Through Provision for Current Taxes Amortization of Deferrals (Detail by Type)

Provision for Federal Income Taxes Page 9 of 28 SCHEDULE 6 OTHER INCOME SCHEDULE 7 OTHER INCOME DEDUCTIONS Page 10 of 28 AVERAGE RATE BASE Utility Plant in Service Utility Plant Held for Future Use Unclassified Plant in Service Construction Work in Progress - Completed and in Service Accumulated Provision for Depreciation, Depletion and Amortization Schedule 8 Retirement Work in Progress Schedule 9 Contribution in Aid of Construction Schedule 10 Customer Advances Schedule 11 Net Investment in Utility Plant Working Capital Allowance Detailed by Type Schedules 5,6 & 7 Accumulated Deferred Federal Income Taxes Detailed Accumulated Deferred Investment Detailed Total Average Rate Base Page 11 of 28 PLANT IN SERVICE Page 12 of 28 PLANT IN SERVICE Page 13 of 28 PLANT HELD FOR FUTURE USE Page 14 of 28 PLANT HELD FOR FUTURE USE Page 15 of 28 UNCLASSIFIED PLANT IN SERVICE Page 16 of 28 UNCLASSIFIED PLANT IN SERVICE Accounting Adjustments List Detail by Account Page 17 of 28 CONSTRUCTION WORK IN PROGRESS - COMPLETED AND IN SERVICE Page 18 of 28 CONSTRUCTION WORK IN PROGRESS - COMPLETED AND IN SERVICE Page 19 of 28 SCHEDULE 5 MATERIAL AND SUPPLIES Average Monthly Balance WV Jurisdictional SCHEDULE 6 PREPAYMENTS Average Monthly Balance WV Jurisdictional It must be demonstrated that Prepayments are not offset by negative working cash Page 20 of 28 SCHEDULE 7 WORKING CASH ALLOWANCE Provide detail of calculation SCHEDULE 8 ACCUMULATED DEPRECIATION, DEPLETION AND AMORTIZATION Function Page 21 of 28 SCHEDULE 9 RETIREMENT WORK IN PROGRESS Page 22 of 28 SCHEDULE 9 RETIREMENT WORK IN PROGRESS Page 23 of 28 SCHEDULE 10 CONTRIBUTIONS IN AID OF CONSTRUCTION Page 24 of 28 SCHEDULE 10 CONTRIBUTIONS IN AID OF CONSTRUCTION Page 25 of 28 SCHEDULE 11 CUSTOMERS' ADVANCES FOR CONSTRUCTION Page 26 of 28 SCHEDULE 11 CUSTOMERS' ADVANCES FOR CONSTRUCTION Page 27 of 28 STATEMENT C DETAIL OF EQUITY AND/OR DEBT CAPITAL -No specific format is contemplated for the Statement C data required by this rule. Each utility should clearly detail the information required.- STATEMENT D BILL ANALYSIS -No specific format is contemplated for the required bill analysis. Each utility should clearly detail the information required.- STATEMENT E ALLOCATION OF COST OF SERVICE -No specific format is contemplated for the detail required in this Statement. Each utility to which Statement E is applicable should clearly detail the information required.- Page 28 of 28 STATEMENT F COMPARATIVE BALANCE SHEET AS AT_____________________________, ______ and______. -No specific format is required for Statement F and Statement F, Schedules 1 and 2. Each utility should clearly detail the information required on these statements.

STATEMENT G

DETAIL OF ADJUSTMENTS

Adjustment Number (Decrease)

M.C. Tariff Form No. 1 (Tariff Rule 34.1)

PETITION FOR PERMISSION TO FILE TARIFFS

ON LESS THAN STATUTORY NOTICE ____________________________________________________________________

(Name of Petitioning carrier) _____________________________________________________(Address) __________________, (Date)

To the Public Service Commission of West Virginia, Charleston, West Virginia:

The __________________________________________________ (name of petitioning carrier) does respectfully petition the Commission that it be permitted, under section 2, article 5 of Chapter 24A of the W. Va. Code, to put in force the following rates, to become effective ____________ days after the filing thereof with the Commission:

(State fully the desired rate; if freight rates, the articles upon which they are to apply, and the points affected).

Your petitioner further represents that the desired rates will be published in Tariff P.S.C.W. Va. M.C. No. __________ or in Supplement No. __________ to Tariff P.S.C.W. Va. M.C. No. __________ and will supersede and take the place of the rates on like traffic and for like services as are set forth in Tariff P.S.C.W. Va. M.C. No. _________ or Supplement No. __________ to Tariff P.S.C.W. Va. M.C. No. __________ on file with the Commission.

And your petitioner further bases such requests upon the following facts, which present certain special circumstances and conditions justifying the request herein made:

(State fully all the circumstances and conditions which are relied upon as justifying the application, and if the rates to be filed state a reduction in the existing rates, the estimated annual saving to the users of the service affected thereby.)

And your petitioner hereby certifies that notice of this application has been given to all competitive shippers and to all motor vehicle competitive common carriers in the territory affected as follows:

(Here insert the names and shipping points of competitive shippers and the names of the motor carrier or carriers operating in such competitive territory so notified) ___________________________________(Name of carrier)

By _________________________________(Name of officer) ____________________________________(Title of officer)

M. C. Tariff Form No. 2 (Tariff Rule 34.4 (Historical M.C. Rule 30-E))

RULE 30-E APPLICATION

COMMON CARRIERS OF SOLID WASTE

EMERGENCY RATE SURCHARGE

1. Name, address and phone number of Applicant: ________________________________________________________________________________________ 2. M.C. Certificate Number(s) affected: _____________________________________________________________________________________________ 3. Landfill name and address: ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 4. Tons dumped at landfill annually* tons Old rate per ton (most recent) $/ton New rate per ton $/ton Effective date of new rate _______________________________ 5. Number of residential customers (for each certificate) _________________________ Number of commercial customers (for each certificate) ________________________ Annual residential revenues* $____ Annual commercial revenues* $______________________________ 6. Copies of solid waste disposal bills for last six (6) months are attached. *Most recent 12-month period.

M.C. Tariff Form No. 6 (Tariff Rule 30.1 et seq. and 32.1 et seq.)

FORM OF CERTIFICATE OF POSTING, PUBLICATION,

AND SEPARATE MAILING OF NOTICE

TO CUSTOMERS OF CHANGE OF TARIFF

To the Public Service Commission of West Virginia, Charleston, West Virginia.

Pursuant to the requirements of either Tariff Rule 30.1 et seq. and 32.1 et seq. (as applicable), Rules for the Construction and Filing of Tariffs, I hereby certify that I am ______________________ (title of officer) of the _______________________ _____________________________ (name of carrier) a common carrier by motor vehicle furnishing __________ _____________________________________ (type of service) service within the State of West Virginia, which on the ______ day of ________________________, _______ (date) issued its Tariff P.S.C.W. Va. M.C. No. _________, canceling Tariff P.S.C.W. Va. M.C. No. __________ to become effective _____________________, _____ (date), and that notice of the issuing of the same is being posted, published and mailed to all customers as required by either Tariff Rule 30.1 et seq. or 32.1 et seq. of said Rules as follows:

Posting and Publication: _____(i) On the ___ day of ____, _____, [insert name of carrier] began exhibiting M.C. Tariff Form [8 or 8-A] for public inspection at the offices and places of business of the Company in the territory affected thereby, at least thirty (30) days prior to the date such tariff or revision is to become effective. _____(ii) delivered to the [carrier to insert name of newspaper(s)] a newspaper or newspapers of general circulation in each of the counties in which the carrier provides service, for publication therein once a week for two successive weeks, M.C. Tariff Norm No. [8 or 8-A] [carrier to indicate the applicable form]. A certificate(s) of publication will be furnished to the Commission upon the completion of the same. _____(iii) issued a press release to [carrier to insert name of newspaper(s)] a newspaper or newspapers of general circulation in each of the counties in which the carrier provides service, containing the substance of M.C. Tariff Form No. [8 or 8-A];

Mailing to customers: _____(i) included of M.C. Tariff Form No. [8 or 8-A] as a bill insert; _____(ii) separately mailed M.C. Tariff Form No. [8 or 8-A]; or _____(iii) only for carriers that bill by postcard instead of in an envelope, and who elect not to separately mail M.C. Tariff Form No. [8 or 8-A], included of a statement on a postcard billing as follows: “This motor carrier is seeking a rate increase. Details available in newspaper publications or at the motor carrier office after [carrier to insert date application filed with Commission] by calling [carrier to insert office telephone number]”.

Given under my hand this ________ day of _____________________, _____. _____________________________________________ (Name of carrier) _____________________________________________(Name of officer) ______________________________________________(Title of officer)

M.C. Tariff Form No. 6-A (Tariff Rule 30.2 et seq. (Historical M.C. Rule 19-A))

FORM OF CERTIFICATE OF SEPARATE MAILING OF NOTICE

TO CUSTOMERS OF CHANGE IN TARIFF

To Public Service Commission of West Virginia, Pursuant to the requirements of Tariff Rule 30.2 et seq. (Historical M.C. Rule 19-A) of the Rules for the Construction and Filing of Tariffs, I hereby certify that I am ___________________________ (title of officer) of the __________________________ (name of carrier), a common carrier utility furnishing ________________________________________(type of service) service within the State of West Virginia, which on the _________ day of _________________________, ______ (date), filed an application to change its tariff pursuant to Tariff Rule 30.2 et seq. (Historical M.C. Rule 19-A) and that notice to the public of the application has been mailed to all customers as required by M.C. Rule 19-A as follows: _____ On the _____ day of _____, _____, the carrier separately mailed notices to all customers stating: “This common carrier is seeking a rate increase. Details available in newspaper publications or at the motor carrier office after [carrier to insert Staff report filing date] by calling [carrier to insert office telephone number].”

The foregoing notice was mailed by: _____ inclusion of the statement as a bill insert; _____ separate mailing; and/or _____ only for carriers that bill by postcard instead of in an envelope, and who elect not to separately mail the foregoing statement, inclusion of the foregoing statement on a postcard billing. ____________________________________ (Name of carrier) ____________________________________ (Name of officer) ____________________________________ (Title of officer)

M.C. Tariff Form No. 6-B (Tariff Rule 30.2 et seq. (Historical M.C. Rule 19-A))

FORM OF CERTIFICATE OF POSTING AND PUBLICATION OF CHANGE IN TARIFF

To Public Service Commission of West Virginia, Pursuant to the requirements of Tariff Rule 30.2 (Historical M.C. Rule 19-A) of the Rules for the Construction and Filing of Tariffs, I hereby certify that I am _______________________________________________ (Title of officer) of the _____________________________________ (name of carrier), a common carrier furnishing ________________________________________(type of service) service within the State of West Virginia, which on the _________ day of ___________________________, ______ (date), filed an application to change its tariff pursuant to Tariff Rule 30.2 (Historical M.C. Rule 19-A) and that notice to the public of the Staff recommended rates with regard to this application, has been published as required by Tariff Rule 30.2 (Historical M.C. Rule 19-A) as follows:

Check as applicable:

Publication/Mailing: _____(i) within ten (10) days of receiving the Commission’s order requiring notice of the Staff recommended rates, the carrier delivered a completed M.C. Tariff Form No. 10 to [carrier to insert name of newspaper(s)] a newspaper or newspapers of general circulation in each of the counties in which the carrier provides service, for publication one time. The carrier is attaching, or will file, a photocopy of the newspaper publication with the Commission.

Or (ii) the carrier mailed printed notice in the form of M.C. Tariff Form No. 10 to each of its customers. ____________________________________ (Name of carrier) ____________________________________ (Name of officer) ____________________________________(Title of officer)

M.C. Tariff Form No. 7 (Tariff Rule 30.4 et seq.)

NOTICE TO CUSTOMERS OF RATE INCREASE ___________________ (carrier name) provides notice that it will increase its rates (excluding fuel and tipping fee surcharges) to not exceed the ______ percentage increase in the United States Department of Labor, Bureau of Labor Statistics, Garbage and Trash Collection Index as calculated by the Public Service Commission, from September to September, more specifically defined as the relevant time period in Tariff Rule 30.4.1. The increased residential and negotiated commercial tariff rates will take effect on ___________ as shown in the table below:

Present Rate Proposed Rate $$$ Percent RATES:

Residential Base Rates Commercial Rates This increase will be implemented pursuant to West Virginia Code §24A-5-2a(d) which specifies that an annual rate increase shall be permitted without the filing of an application for approval by the Public Service Commission provided that notice is given to customers and the increase is not greater than the preceding September year over year increase in the Garbage and Trash Collection Index.

M.C. Tariff Form No. 8 (Tariff Rule 32.1 et seq.)

PUBLIC NOTICE OF CHANGE IN RATES WITH PROPOSED EFFECTIVE DATES

NOTICE is hereby given that __________________________, a motor carrier and public utility, has filed with the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA a tariff containing increased rates and charges for furnishing [Carrier should indicate whether service is limousine, solid waste, or taxicab, etc.] _____________________ service to customers 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 carrier’s present authorized rates and its proposed rates are as follows: [Carrier should list present authorized rates and proposed rates and include all items in current tariff that would be modified if proposed rates take effect.]

PRESENT AUTHORIZED RATES PROPOSED RATES

Individual customers may receive increases or decreases that are greater or less than stated here. The requested rates and charges are only a proposal and are subject to approval, denial, or modification (increases or decreases) by the Public Service Commission in its review of this filing. Any increase in rates and charges will not become effective until authorized and approved by the Public Service Commission. (If a hearing is scheduled, notice will be given of the time and place of hearing.)

Anyone desiring to protest this proposed change in rates should file a written protest prior to [Carrier should write in the proposed effective date], unless that date is modified by Commission order. Failure to file a timely protest may affect your rights to protest any rate increases and to participate in future proceedings in this case. All protests should briefly state the reason for the protest or intervention. All protests should be addressed to the Executive Secretary, Public Service Commission of West Virginia, P. O. Box 812, Charleston, West Virginia 25323.

A complete copy of the carrier’s present authorized tariff and of its proposed tariff, as well as a representative of the carrier to provide any information requested concerning the proposed changes, is available to all customers, prospective customers, or their agents at any of the following offices of the carrier: ____________________________________________________ A copy of the carrier’s present authorized tariff and of its proposed tariff is also available for public inspection at the office of the Executive Secretary of the PUBLIC SERVICE COMMISSION at 201 Brooks Street, Charleston, West Virginia. [NOTE: Certificate of publication to be filed with Commission within 15 days after date of publication.]

M.C. Tariff Form No. 8-A (Tariff Rule 30.1 et seq.)

PUBLIC NOTICE OF CHANGE IN RATES UPON APPLICATION

WITHOUT PROPOSED EFFECTIVE DATES

NOTICE is hereby given that __________________________, a motor carrier and public utility, has, on _________________, filed with the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA an application containing increased rates and charges for furnishing [Carrier should indicate whether service is limousine, solid waste, or taxicab, etc.] _____________________ service to customers in the County(ies) of ________________________.

The proposed increased rates and charges will produce approximately $____________ annually in additional revenue, an increase of ______%. The carrier’s present authorized rates and its proposed rates are as follows: [Carrier should list present authorized rates and proposed rates and include all items in current tariff that would be modified if proposed rates take effect.]

PRESENT AUTHORIZED RATES PROPOSED RATES

Individual customers may receive increases that are greater or less than stated here. The requested rates and charges are only a proposal and are subject to approval, denial, or modification (increases or decreases) by the Public Service Commission in its review of this application. Any increase in rates will not become effective until authorized and approved by the Commission. (If a hearing is scheduled, notice will be given of the time and place of hearing.)

Anyone desiring to protest this proposed change in rates or to intervene should file a written protest or notice of intervention prior to [Carrier should write in a date that is at least 50 days after the application date], unless the Commission, by order, specifies a different date. Failure to file a timely protest or notice of intervention may affect your rights to protest any rate increases and to participate in future proceedings in this case. All protests or requests to intervene should briefly state the reason for the protest or intervention. Requests to intervene must comply with the Commission’s rule on intervention set forth in the Commission’s Rules of Practice and Procedure. All protests and notices of intervention should be addressed to the Executive Secretary, Public Service Commission of West Virginia, P. O. Box 812, Charleston, West Virginia 25323.

A complete copy of the carrier’s present authorized rates and of its proposed rates, as well as a representative of the carrier to provide any information requested concerning the proposed changes, is available to all customers, prospective customers, or their agents at any of the following offices of the carrier: ____________________________________________________ A copy of the carrier’s present authorized rates and of its proposed rates is also available for public inspection at the office of the Executive Secretary of the PUBLIC SERVICE COMMISSION at 201 Brooks Street, Charleston, West Virginia.

NOTE: Certificate of publication must be filed for rates to become effective.

M.C. Tariff Form No. 9 (Tariff Rules 30.1 et seq., 30.2 et seq. (Historical Rule19-A), and 32.1 et seq.)

NOTICE OF PUBLIC HEARING

A hearing will be held by the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, in a hearing room at 201 Brooks Street, Charleston on _____________________ (date), at _________ (time) concerning the increased rates and charges filed by ________________________________ (name of carrier), a common carrier, for furnishing _________ (type of service) to _______ (number of customers) customers at _______________ (name localities) in the County(ies) of ____________. Anyone desiring to protest the approval of these increased rates may appear at the hearing or may file a written protest to: Executive Secretary of the PUBLIC SERVICE COMMISSION at P.O. Box 812, 201 Brooks Street, Charleston, West Virginia, 25323.

The proposed increased rates and charges will produce approximately $__________ annually in additional revenue, an increase of _______%. The carrier’s present authorized rates and its proposed rates are as follows: [Carrier should list present authorized rates and proposed rates and include all items in current tariff that would be modified if proposed rates take effect.]

PRESENT AUTHORIZED RATES PROPOSED RATES

Individual customers may receive increases or decreases that are greater or less than stated here. The requested rates and charges are only a proposal and are subject to approval, denial, or modification (increases or decreases) by the Public Service Commission in its review of this filing. Any increase in rates and charges will not become effective until authorized and approved by the Public Service Commission.

A complete copy of the carrier’s present authorized tariff and of its proposed tariff, as well as a representative of the carrier to provide any information requested concerning the proposed changes, is available to all customers, prospective customers, or their agents at any of the following offices of the carrier: __________________________________________________________________ NOTE: Certificate of publication to be filed with Commission within 15 days of date of publication.

M. C. Tariff Form No. 10 (Tariff Rule 30.2 et seq. (Historical M. C. Rule 19-A))

NOTICE OF APPLICATION TO CHANGE RATES

On ______, , ______________________________________ a motor carrier, filed with the Public Service Commission of West Virginia, an application requesting increased (decreased) rates and charges for the transportation of in the County(ies) of __________________________ ___________________________________________________________________________________________.

The Public Service Commission has reviewed the application and has conditionally approved increased (decreased) rates and charges designed to produce approximately $_____________ annually in additional (reduced) revenue, an increase (decrease) of ______________%. The present and proposed rates are as follows:

PRESENT RATES PROPOSED RATES

Any person affected by this change has a right to protest or to be heard as to why the change should not be allowed, either wholly or in part.

Anyone desiring to protest the changed rates and charges must do so, in writing, within ten (10) days of the date of publication of this notice. All protests should be addressed to the Executive Secretary, Public Service Commission of West Virginia, P. O. Box 812, Charleston, West Virginia 25323. To help the Commission determine the justification for additional review and investigation, protests must be specific as to reasons that the changed rates and charges should be modified. In addition, anyone desiring a hearing in this matter must demand a hearing in the letter of protest.

If no hearing is demanded, the Commission may affirm the proposed rates without a hearing.

M.C. Tariff Form No. 11 (Tariff Rule 30.2 et seq. (Historical M. C. Rule 19-A))

APPLICATION TO CHANGE RATES

STATE OF WEST VIRGINIA

THE PUBLIC SERVICE COMMISSION

1. THE CERTIFICATE HOLDER IS:

Certificate Number(s) ______________________________________________________________________ Name of carrier __________________________________________________________________________ Address _________________________________________________________________________________ Telephone Number ____________________________________ 2. THE PERSON RESPONSIBLE FOR THE BOOKS AND RECORDS IS:

Name __________________________________________________________________________________ Title ___________________________________________________________________________________ Address _________________________________________________________________________________ Telephone Number______________________________________ 3. LIST A COMPLETE SCHEDULE OF THE APPLICANT'S PROPOSED RATES. Attach a schedule if the space below is not sufficient. However, if the Applicant chooses to omit this section, the Form will be accepted for filing.

4. ATTACH A COPY OF THE APPLICANT'S MOST RECENTLY FILED FEDERAL INCOME TAX RETURN. If not available, include an explanation, and substitute a statement of income and expenses for the most recent accounting year used by the carrier for bookkeeping purposes. ____________________________________________ (Signature of Owner or Officer)

M. C. Tariff Form No. 42 (Tariff Rule 30.1 et seq.)

FORMAL APPLICATION TO CHANGE RATES - MOTOR CARRIER

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA

CHARLESTON

M. C. CASE NO. ________________

Application of _______________________________ (name of carrier) Telephone No. ___________ ________________________________________________(Address of carrier) for authority to change rates and charges.

Comes now _________________________________________ (name of carrier) applicant(s) herein, and respectfully show(s) to the Commission as follows:

1. That ___________________________________________________ is (are) a common carrier of ___________________________________________(passengers or property) by motor vehicle, operating under P.S.C.M.C. Certificate No. _____________ issued by the Commission. As of the end of the last month of the test year used in this rate application, (name of carrier) had __________ residential customers and ________ commercial customers.

2. That at this time ____________ (name of carrier) has (have) in effect the rates, fares and charges as shown on Statement F of the Accounting Information, which is a part of this application.

3. That application is hereby made for authority to change said rates and to put into effect Rates, Fares and Charges as shown on Statement F of the Accounting Information, which is a part of this application.

4. That the reasons for the change in rates are as follows:

WHEREFORE, the _______________________________________________ (name of carrier) applicant(s), pray(s) that after due hearing and investigation, the Public Service Commission enter an order granting the application herein and establishing the proposed rates and charges, or such rates, fares and charges as it may find to be equitable.

Dated ___________________, West Virginia, this ______ day of __________________, 20. _____________________________________ (Name of carrier) _____________________________________ (Name of officer) _____________________________________ (Title of officer)

STATEMENT OF NET INCOME YEAR ENDED XXX

Going-Level Adjustments Going-Level Proforma Adjustments Proforma (7a Operating Revenue Deductions:

Depreciation and Amortization Taxes Other than Fed Income Provision for Federal Income Taxes Schedule 5 Provision for State Income Taxes Schedule 5 Total Operating Revenue Deductions Net Operating Income (Loss)

Other Income Schedule 6 Other Income Deductions Schedule 7 Net Income (Loss)

Operating Ratio Before Income Taxes Operating Ratio After income Taxes Include all operating and non-operating revenue items, including non-WV jurisdictional revenue. If exclusion of non-jurisdictional revenues is proposed, fully explanatory separate Statements showing allocation of all expenses to non-jurisdictional operations must be submitted with the Rate Application.

DETAIL OF OPERATING REVENUES SCHEDULE 1

YFAR ENDED XXX

Adj. No.

Per Books Adjustments Going-Level Adjustments Adj. No.

Going-Level Adj. No.

Residential (Including fuel Surcharges )

Commercial (Including fuel Surcharges)

Roll Off Revenue Roll off Delivery & Rental Disposal/Landfill Total Revenues Including Fuel Surcharges Add or rename line item descriptions if necessary to fit the carrier's system of accounts.

Include all operating and non-operating revenue items, including non-WV jurisdictional revenue. If exclusion of non-jurisdictional revenues is proposed, fully explanatory separate Statements showing allocation of all expenses to non jurisdictional operations must be submitted with the Rate Application.

COMPANY NAME Statement A OPERATATION AND MAINTENANCE EXPENSES Schedule 2 Adj. No.

Going-Level Adjustments Adj. No.

Going-Level Adj. No. r(2)

Detail of Expenses Total Operation and Maintenance Expense Add line item descriptions to fit the carrier's system of accounts.

List all expense items. If exclusion of non jurisdictional revenues is proposed, fully explanatory separate Statements showing allocation of all expenses to non-jurisdictional operations must be submitted with the Rate Application.

CALCULATION OF DEPRECIATION EXPENSE SCHEDULE 3

Description Asset Number Date Acquired Date Retired (If Applicable)

Cost Less: Salvage Value Depreciable Basis Years Life Depreciation Expense Totals TAXES OTHER THAN FEDERAL INCOME TAXES SCHEDULE 4 Adj. No.

Adj. No.

Adj. No.

Detail of Taxes List all expense items. If exclusion of non-jurisdictional revenues is proposed, fully explanatory separate Statements showing allocation of all expenses to non-jurisdictional operations must be submitted with the Rate Application.

COMPANY NAME STATFMFNT A

STATE AND FEDERAL INCOME TAXES SCHEDULE 5

YEAR ENDED XXX PAGE 1 OF 3

Pro Forma Adjustment Operating and non-operating revenues Less:

Depreciation, Depletion, Amortization Taxes Other than Fed. Income Taxes Interest expense Other non-operating expenses Subtotal Other statutory additions (deductions):

Gain (Loss) on Sale of Asset Other Income Deductions Net Income (loss) before SIT&FIT Taxable Income (Loss) before SIT & FIT Add or rename line item descriptions if necessary to fit the carrier's system of accounts.

List all expense items. If exclusion of non-jurisdictional revenues is proposed, fully explanatory separate Statements showing allocation of all expenses to non-jurisdictional operations must be submitted with the Rate Application.

STATE AND FEDERAL INCOME TAXES SCHEDULE 5

YEAR ENDED XXX PAGE 2 OF 3

Pro Forma Adjustment r r Taxable Income(Loss) before SIT State Income Tax Fed. Taxable Income before NOL Deductions and Special Deductions Net Op. Loss Deduction Special Deductions Dividend Excluded Loss Carryforward Net Taxable Income Federal Corporation Tax Rate - % Total Federal Income Tax Add or rename line item descriptions if necessary to fit the carrier's system of accounts.

List all expense items. If exclusion of non-jurisdictional revenues is proposed, fully explanatory separate Statements showing allocation of all expenses to non-jurisdictional operations must be submitted with the Rate Application.

STATE AND FEDERAL INCOME TAXES S CIHEDULE 5

YEAR ENDED XXX PAGE 3 OF 3

Pro Forma Adjustment State Taxable Income State Net Operating Loss Carryforward State Taxable Net Income State Income Tax- % Total State Income Tax Add or rename line item descriptions if necessary to fit the carrier's system of accounts.

List all expense items. If exclusion of non-jurisdictional revenues is proposed, fully explanatory separate Statements showing allocation of all expenses to non-jurisdictional operations must be submitted with the Rate Application.

OTHER INCOME SCHEDULE 6

Adj. No.

Adj. No.

Adj. No.

W Other Income List all income items. If exclusion of non-jurisdictional revenues is proposed, fully explanatory separate Statements showing allocation of all expenses to non-jurisdictional operations must be submitted with the Rate Application.

COMPANY NAME STATEVIENT A

OTHER INCOME DEDUCTIONS SCHEDULE 7

Adj. No.

Adj. No.

Adj. No. r r OTHER INCOME DEDUCTIONS Total Other Income Deductions List all expense items. If exclusion of non-jurisdictional revenues is proposed, fully explanatory separate Statements showing allocation of all expenses to non-jurisdictional operations must be submitted with the Rate Application.

COMPANY NAME STATEMENT D

BILL ANALYSIS

Per Books Billing Determinants Rates Revenue Pro Forma Increases Rates Revenue Rates Revenue Amount Percent (I)

Residential Base Rate Residential Fuel Surcharge Other Residential Surcharges Residential Optional Services Residential Extra Revenue Total Residential Revenue Commercial Revenue Commercial Regular Monthly Service Commercial Fuel Surcharge Commerciall Extra Revenue Roll-Off Revenue (excluding landfill)

Roll Off Delivery & Rental Roll Off Fuel Surcharge Total Rolloff Revenue Correction Factor List all revenue items. If exclusion of non-jurisdictional revenues is proposed, fully explanatory separate Statements showing allocation of all expenses to non-jurisdictional operations must be submitted with the Rate Application.

COMPANY NAME

COMPARATIVE BALANCE SHEET

DECEMBER 31, (Current Test Year) and (Previous year)

STATEMENT F 12/31/Current 12/31/Previous Test Year $____ year $_________ Current Assets: _______________ _______________ Cash and Cash _______________ _______________ Equivalents Accounts _______________ _______________ Receivable Other Current ______________ ______________ Assets Other Investments ______________ ______________ Total Current Assets ______________ ______________ Long-Term Assets:

Building and Improvements ______________ ______________ Transportation Equipment _______________ _______________ Machinery and Equipment _______________ _______________ Refuse Containers _______________ _______________ Office Furniture and Equipment _______________ _______________ Accumulated Depreciation _______________ _______________ Total Long-Term Assets _______________ _______________ Other Assets:

Customer List, Net _______________ _______________ Total Assets: _______________ _______________ Current Liabilities: Current Portion of LT Debt Accounts _______________ _______________ Payable - Non-Affiliates _______________ _______________ Accounts Payable-Affiliates _______________ _______________ Accrued Liabilities Other _______________ _______________ Current Liabilities Total _______________ _______________ Current Liabilities _______________ _______________ Long-Term _______________ _______________ Liabilities: LT Debt _______________ _______________ Deferred Income Taxes _______________ _______________ Total Long-Term Liabilities _______________ _______________ Stockholders Equity:

Retained Earnings _______________ _______________ Common Stock _______________ _______________ Total Stockholder's Equity _______________ _______________ Total Liabilities and Equity _______________ _______________ COMPANY NAME STATEMENT G DETAIL OF ADJUSTMENTS YEAR ENDED XXX Adj. No.

Specify Line Item (Account) That is Adjusted Amount $ PER BOOKS ADJUSTMENTS #,### Provide summary calculation showing units and rates supporting the amount of the adjustment, ##,### Provide summary calculation showing units and rates supporting the amount of the adjustment, GOING-LEVEL ADJUSTMENTS #,### Provide summary calculation showing units and rates supporting the amount of the adjustment. #,### Provide summary calculation showing units and rates supporting the amount of the adjustment, PROFORMA ADJUSTMENTS #,### Provide summary calculation showing units and rates supporting the amount of the adjustment, Example of a Going-Level Adjustment 1 Tires Expense To adjust expense to current cost levels $5,300 Average number of tires purchased per year Current cost per tire $350 Total going-level cost $11,900 Test year expense for tires $6,600 Going level adjustment $5,300 COMPANY NAME CASH FLOW FROM OPERATIONS YFAR ENDED XXX STATEMENT H Adjusted Going Level Pro Forma Avaliable Cash Net Other Income and Deductions (Excluding Interest)

Total Available Cash Cash Required Operating Expenses Tams Other Than Income Tax State Income Tax Federal Income Tax Total Cash Required Before Debt Service Cash Available for Debt Service (A)

Debt Service Requirements Interest Principal Retirement Total Debt Service Requirement (B) Remaining Surplus Percent Coverage (A) / (B)

List all revenue and expenditure items. If exclusion of non-jurisdictional revenues is proposed, fully explanatory separate Statements showing allocation of all expenses to non-jurisdictional operations must be submitted with the Rate Application.

Series 03 Government of Electric Utilities

W. Va. Code R. § 150-3-1 General

1.1. Scope. -- These rules govern the operation and service of electric utilities subject to the jurisdiction of the Public Service Commission of West Virginia pursuant to W. Va. Code §24-2-1.

1.2. Authority. -- W. Va. Code §§24-1-1, 24-1-7, 24-2-1 and 24-2-2.

1.3. Filing Date. – June 11, 2018.

1.4. Effective Date. –July 11, 2018.

W. Va. Code R. § 150-3-2 Authorization, Application, Definitions, and Records, Reports and Other Information to be Supplied to the Commission

2.1. Authorization of rules.

2.1.1. These rules are intended to insure adequate service to the public, to provide standards for uniform and fair charges and requirements by the utilities and their customers, and to establish the rights and responsibilities of both the utility and the customer.

2.1.2. The adoption of these rules shall in no way preclude the Public Service Commission from altering or amending them in whole or in part, or from requiring any other or additional service, equipment, facility, or standard, either upon complaint or upon its own motion, or upon the application of the utility.

2.1.3. These rules shall not relieve in any way a utility from any of the duties under the laws of this State.

2.2. Application of rules.

2.2.1. These rules apply to public utilities as defined in Rule 2.3.

2.2.2. If hardship results from the application of any rule herein prescribed, or if unusual difficulty is involved in immediately complying with any rule, application may be made to the Commission for the modification of the particular rule or for temporary or permanent exemption from its provisions: Provided, That no application for such modification or exemption shall be considered by the Commission unless there is submitted therewith a full and complete justification for such action. 2.3 Definitions.

2.3.1. Commission -- Whenever in these rules the words "Commission" or "Public Service Commission" occur, such word or words shall, unless a different intent clearly appears from the context, be taken to mean the Public Service Commission of West Virginia.

2.3.2. Public Utility -- Except where a different meaning clearly appears from the context, the word or words "utility" or "public utility" when used in these rules shall mean and include any person or persons, or association of persons, however associated, whether incorporated or not, including municipalities, distributing or selling electric energy for light, heat, power or other purpose, which are now or may hereafter be held to be a public service.

2.3.3. Customer -- The word "customer" as used in these rules shall be construed to mean any person, group of persons, firm, corporation, institution, municipality or other service body furnished electric service by an electric utility.

2.3.4. Residential Service.

2.3.4.a. "Residential Service" is service to a householder or tenant, living in a separate house or separate apartment in a building, using electric energy for general household service.

2.3.4.b. Residential Service may be extended to include use of electric energy for lighting the yard, private garages and/or barns, which are adjacent to, connected with and used exclusively by the resident being served.

2.3.4.c. Should the owner of a multiple apartment building undertake to furnish electric energy to his tenants as a part of their monthly rent, then such service shall be classed as "Commercial.”

2.3.4.d. In cases where a householder or tenant devotes some portion of the occupied building to substantial and bona fide commercial use and uses the remainder as a residence then the total service will be classified as commercial or the customer must separate his wiring so that each class of service can be separately metered and billed at the applicable rate.

2.3.5. Commercial Service.

2.3.5.a. "Commercial Service" is service to each separate business enterprise, occupation or institution occupying for its exclusive use any unit or units of space as an entire building, entire floor, suite of rooms or a single room, and using energy for the illumination of such space and for such incidental use as the schedule of rates applicable to the particular installation may permit. Commercial Service shall apply to all stores, offices, hotels, wholesale houses, garages, display windows, signs, theaters, barber and beauty shops, churches, opera houses, auditoriums, lodge halls, school houses, banks, bakeries, and any other space occupied for commercial purposes. Any rooming house, lodging house, resort, inn or tavern renting more than four rooms to strangers or transients without any previous agreement for accommodation or as to the duration of stay shall be classed as a hotel and as such it comes under the commercial classification.

2.3.5.b. Where a single business enterprise or institution occupies more than one unit of space in the conduct of the same business, each separate unit will be metered separately and considered a separate service unless the units are adjoining or on the same plot of ground and the customer makes the necessary provisions for approved circuits and loops whereby the different units may be connected to permit the metering of all the energy used in the various units through one meter. This rule shall not be construed to allow any customer to secure combined meter readings and billings by reason of ownership in the same person, partnership, association or corporation of different buildings or units of space which are not used and operated by the customer and held out to the public as one single business unit.

2.3.6. Power Service.

2.3.6.a. "Power Service" is service to each separate business enterprise, occupation or institution occupying for its exclusive use any unit or units of space as an entire building, entire floor, suite of rooms, or a single room, and using energy for driving motors and for supplying electric service used in industrial processes.

2.3.6.b. Primary power service is service at the voltage common to the primary of the distribution system.

2.3.6.c. Secondary power service is service at the voltage common to the secondary of the distribution system.

2.3.6.d. Where a single business enterprise, occupation or institution occupies more than one unit of space in the conduct of the same business and requires energy for power purposes, as defined herein in each unit of space, each unit will be metered separately and considered as a separate service unless the units are adjoining or on the same plot of ground and the customer makes the necessary provisions for approved circuits and loops by which the different units can be connected to permit the metering of all energy used for power purposes in the various units through one meter.

2.3.7. Street Lighting Service -- "Street Lighting Service" is service furnished for the purpose of lighting streets, highways, roads, parks and outdoor public places.

2.3.8. Forced Outage -- The state of a component when it is not available to perform its intended function due to an unplanned event directly associated with that component.

2.3.9. Interruption Duration -- The period of time measured in minutes that starts when a utility is notified or becomes aware of an interruption and ends when the utility restores service.

2.3.10. Major Event -- An event that exceeds reasonable design and or operational limits of the electric power system. A Major Event includes at least one Major Event Day.

2.3.11. Major Event Day (MED) -- A day in which the daily system SAIDI exceeds a threshold value, TMED. For the purposes of calculating daily system SAIDI, any interruption that spans multiple calendar days is accrued to the day on which the interruption began. Statistically, days having a daily system SAIDI greater than TMED are days on which the energy delivery system experienced stresses beyond that normally expected (such as severe weather). Activities that occur on major event days should be separately analyzed and reported.

2.3.12. Major Event Day Threshold (TMED) -- The standard TMED (Major Event Day Threshold) calculation as indicated by the most recently published, current IEEE 1366 Standards.

2.3.13. Reliability Indices -- Generally accepted indices that reflect frequency and duration of outages at the system or customer level, such as System Average Interruption Frequency Index (SAIFI), System Average Interruption Duration Index (SAIDI), Customer Average Interruption Duration Index (CAIDI) and Momentary Average Interruption Frequency Index (MAIFI) for purposes of assessing, monitoring, and evaluating system reliability. Each utility shall adopt standard Reliability Indices definitions and calculations as indicated by the most recently published, current IEEE 1366 Standards.

2.3.14. Service Area -- An electric utility operating company's service territory within the State.

2.3.15. Planned Interruption -- Interruptions exclusive of Major Events that occur when a component or piece of equipment is deliberately taken out of service at a specified time for purposes of preventative maintenance, repair, or construction. Any interruption that can be deferred for a period of time is considered a Planned Interruption.

2.3.16. Sustained Interruption -- All interruptions more than five minutes in duration.

2.3.17. System Reliability -- The degree to which electric service is supplied without interruption, as defined by the most recently published, current IEEE 1366 standards, to customers within the State of West Virginia.

2.3.18. Worst-Performing Circuits -- Those distribution circuits that are among the five percent of all circuits in a Service Area, or at least one circuit in a Service Area, with the lowest performance values according to the calculated Reliability Indices. Each operating utility may define its own calculation for Worst-Performing Circuits, and shall report on the basis of its calculations for its own West Virginia Service Areas.

2.3.19. Momentary Interruption -- A single operation of an interrupting device that results in a voltage zero. For example, two circuit breaker or recloser operations (each operation being an open followed by a close) that momentarily interrupts service to one or more customers is defined as two Momentary Interruptions.

2.3.20. Significant Interruption -- Any Sustained Interruption lasting over six hours in duration and affecting 2,500 customers or more.

2.4. Records and reports.

2.4.1. Preservation of records -- All records required by these rules shall be preserved by the utility in accordance with the "Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities" as prescribed by the National Association of Regulatory Utility Commissioners (NARUC) dated May, 1985, and adopted by the Commission by General Order No. 184.6 of March 30, 1987, and effective May 29, 1987, except, as they may be hereinafter modified by the Commission and except for Items 9(b) and 54(b) which are herein modified. No such record shall be destroyed earlier than as provided by these rules without Commission approval. (NOTE: These NARUC regulations are published in separate pamphlet form and will be furnished upon request).

2.4.1.a. Item 9(b) of the NARUC Regulations shall be modified to provide a retention period as follows: Retain program documentation for current active source coding and the source coding immediately preceding the current one.

2.4.1.b. Item 54(b) of the NARUC Regulations shall be modified to provide a retention period as follows: Six months: Retain for an additional thirty (30) months if no other sources of this information are available.

2.4.2. Location of records.

2.4.2.a. Such records should be kept at the office or offices of the utility in West Virginia, and shall be available during regular business hours for examination by the Commission or its duly authorized representative or,

2.4.2.b. If kept outside of the State they shall be brought to the utility's office in West Virginia upon the request of the Commission or the utility may be required to pay the reasonable traveling expenses of such Commission employees assigned to the work when it is necessary to examine such records.

2.4.3. Reports to the Commission.

2.4.3.a. Each utility shall be required to furnish and report to this Commission when called upon to do so by the Secretary, or Director of any Division of the Commission, any other and further information in its possession respecting rates or practices in conducting its service, which may from time to time be required by this Commission, and without formal order of the Commission authorizing such request for said information.

2.4.3.b. Each utility shall submit to the Commission, upon request, duplicate copies of reports made by it to Federal Regulatory Commissions pertaining to any phase of its business as an electric utility in West Virginia.

2.5. Filing of rate schedules.

2.5.1. Filing required -- All rate schedules, rules, regulations, special contracts and other charges, for the purchase, sale or transportation of electric energy shall be filed by each utility with the Secretary of the Commission before they become effective.

2.5.2. Manner of filing -- Tariffs containing all the rates, rules and regulations of each utility shall be filed in the manner prescribed by the Commission in "Rules for Construction and Filing of Tariffs," in effect on the date of such filing.

2.5.3. Forms for filing -- The Commission will, upon application, furnish proper blanks to be used for the filing of tariffs and any changes thereof and additions thereto.

2.5.4. Utility's special rules -- A utility desiring to establish any rule or requirement supplementing the rules of the Commission shall first make application to the Commission for authority for such rule or rules, clearly stating in its application the reason for such establishment.

2.5.5. Exemption -- A customer who has complied with the rules of the Commission shall not be denied service for failure to comply with the rules of the utility that have not been approved by the Commission.

2.6. Financial and statistical report.

2.6.1. Each utility shall file annually a financial and statistical report upon forms to be furnished by the Commission or in lieu thereof, upon forms approved by the Commission.

2.6.2. Said report shall be based upon the accounts set up in conformity with the Commission's order and rule as set out in Rule 2.7.

2.6.3. This report shall be filed on or before March 31st of the succeeding year for which the report covers.

2.6.4. For good cause shown, the Commission will grant, through its Secretary, a reasonable extension of time upon application therefore in writing to the Secretary, such application to be made before the expiration of the time for filing of such report.

2.7. Uniform system of accounts - All electric utilities are required to maintain their books and records in accordance with the "Uniform System of Accounts" promulgated by the Federal Power Commission, as published in Title 18 C.F.R. parts 101 and 104, and in effect as of January 1, 1977.

2.8. Maps and records.

2.8.1. Each utility shall keep on file suitable maps, plans and records showing the layout of every generating plant, transmission and primary distribution system, and substation, with the location, size and character of each plant, transmission and primary distribution lines, substation and other facilities used in the production and delivery of electric energy.

2.8.2. In the case of new construction or property acquired from others, the additions to such maps and records should be made by the end of the next calendar year following the year in which the construction is done or property acquired.

2.8.3. The maps, plans and records required by the provisions of this rule shall be kept up to date so that the utility can furnish promptly and accurately any information regarding its facilities, or copies of its maps requested by the Commission.

2.9. Management audits.

2.9.1. Scope -- To establish a procedure for examination of management practices and policies to determine whether the entity being audited is operating with efficiency and utilizing sound management practices. The purpose of a management audit is to disclose operating areas that are efficient or inefficient, to identify areas for improvement, and to form recommendations for changes. The results of a management audit and the response of the utility to the recommendations and implementation plans developed pursuant to a management audit may be a factor in determining just and reasonable rates, as set out herein.

2.9.2. Types of management audits -- The following types of management audit, which vary in scope, may be directed and utilized by the Commission:

2.9.2.a. Comprehensive -- An investigation characterized by an extensive, detailed analysis of a utility's management and operations.

2.9.2.b. Reconnaissance -- A broad review, similar in scope to a comprehensive audit, but in less detail. The objective of this type of audit is to identify specific areas for more intensive investigation based upon the magnitude of the problem identified or the potential benefits to be derived.

2.9.2.c. Focused -- An in-depth investigation of one or several specific areas of a utility's management and operations.

2.9.3. Frequency -- The Commission shall order a management audit of any utility under its jurisdiction whenever the Commission deems it necessary to investigate the operational efficiency of the utility. Such factors as the cost of the management audit and the potential benefits of such audit may be taken into consideration. The Commission may accept or request a management audit performed under the rules of another jurisdiction in satisfaction of this rule when that audit is of the scope contemplated by the Commission, conforms to the standards herein set forth and covers the utility's service functions in its West Virginia jurisdiction.

2.9.4. Conduct and control.

2.9.4.a. The Commission may choose to have the audit performed by its Staff or contracted to a qualified outside auditing firm. In the latter case, the Commission may supervise the selection process. If the management audit is to be conducted by an auditing firm, the Commission's order initiating the audit shall include provision for the development of the request for proposal (RFP), the consultant selection process and Staff's assistance and supervision during the audit.

2.9.4.b. The Commission may impose eligibility restrictions upon contractors relating to past, current, and post-audit relationships with the utility.

2.9.4.c. The utility is expected to cooperate to the fullest extent with the performer of a Commission ordered management audit. A responsible employee shall be appointed by the utility as its management audit coordinator, who shall be responsible to assist in the efficient performance of the management audit.

2.9.5. Costs -- It shall be the responsibility of the audited utility to pay for a contracted audit. The Commission shall include the reasonable cost of conducting the contracted management audit in the cost of service of the utility. The Commission may allow such costs to be recovered in the utility's next general rate case following completion of the audit, or the Commission may order such costs to be amortized over a reasonable period of years, considering the impact of these costs on both the utility and its customers.

2.9.6. Implementation of recommendations.

2.9.6.a. Draft report.

2.9.6.a.1. Upon completion of the audit a draft report shall be submitted to the utility for comments.

2.9.6.a.2. The auditor and utility representatives shall conduct a draft review meeting subsequent to the distribution of the draft review report.

2.9.6.b. Final report.

2.9.6.b.1. A final report shall be submitted to the Commission no later than thirty (30) days after the submission of the draft report to the utility.

2.9.6.b.2. Within thirty (30) days of the final submission of the management audit report, the utility shall file a document detailing its position on each audit recommendation. This document must state which recommendations are acceptable to the utility and the nature of the utility's disagreement with any recommendations.

2.9.6.c. The Commission may, after hearing, issue an order prescribing the recommendations which should be adopted by the utility.

2.9.6.d. The utility shall file detailed implementation plans for the Commission's review and approval within the time specified in the Commission's order prescribing which recommendations the utility should adopt. The utility shall not deviate from an approved implementation plan without prior notice to the Commission which specifically states the utility's reasons for departing from the approved plan.

2.9.6.e. At the direction of the Commission, a follow-up audit may be performed to review the progress of the utility in implementing the approved plans and the results of previously performed management audits.

2.9.6.f. A management audit report and implementation plan adopted pursuant thereto and any follow-up audit may be used by parties in a general rate case subsequent to the management audit. Such audits and implementation plans may be a factor in the determination of just and reasonable rates if introduced as an exhibit and subjected to normal due process procedures.

2.9.6.g. The Commission may grant an extension of the time limits established in this section upon a showing of good cause for such extension.

2.10. Reliability Reporting Requirements.

2.10.1. Commission Point of Contact -- All reliability reports, interruption reports, and outage reports shall be filed with the Commission’s Executive Secretary to be maintained at the direction of the Commission and copies to be filed with the Engineering Division in paper and electronic formats.

2.10.2. MAIFI data -- Electric utilities are not required to collect and report MAIFI data under the Commission’s Rules for the Government of Electric Utilities until such time that they have deployed the technology and equipment necessary to accurately do so. These rules should not be construed to require electric utilities to deploy such technology and equipment. Rather, references to MAIFI are included in these rules merely in recognition that the technology needed to collect MAIFI data may become more readily available and economically feasible in the future.

2.10.3. Significant Interruptions and Major Events.

2.10.3.a. Significant Interruption Notification -- Utilities shall notify the Commission as soon as reasonably possible, and not later than twenty-four hours or 5:00 pm of the next business day, whichever is sooner, upon determining that a Significant Interruption has occurred. The notice shall include the general location, the approximate number of customers affected, the cause if known, the time of the event, and the estimated time of full restoration. The notice shall also include the name and telephone number of the utility contact person. If the duration of the Significant Interruption is greater than twenty-four hours, the utility shall update this information daily and file a Major Event Report as described in Rule 2.10.3.b. below.

2.10.3.b. Major Event Reports -- If a Significant Interruption becomes a Major Event, a utility will submit a Major Event Report to the Commission as soon as is practicable but no later than forty-five calendar days after the end of the event. The Major Event Report shall include: the date and time of the Significant Interruption; the date and time of full restoration; the cause of the interruption; the location, substation and feeder identifiers of affected facilities; and the total number of customers affected.

2.10.4. Annual Reliability Reports.

2.10.4.a. Each utility shall submit annual reliability reports to the Commission no later than May 1st of each year, for the preceding calendar year.

2.10.4.b. The reliability reports shall include, but not be limited to, the following information for the preceding calendar year:

2.10.4.b.1. A narrative summary of the system’s line miles, distribution system voltages, number of customers, number of circuits, and overall System Reliability based on SAIFI, CAIDI, SAIDI and, if applicable, MAIFI performance with Major Event Days excluded and included;

2.10.4.b.2. The number of Sustained Interruptions by cause with Major Event Days excluded;

2.10.4.b.3. A summary of distribution system capital and operation & maintenance expenditures;

2.10.4.b.4. A summary of the number of customer reliability formal and informal complaints made with the Commission;

2.10.4.b.5. A listing of circuit performance by Service Area based on SAIFI, CAIDI, SAIDI, and, if applicable, MAIFI performance for the calendar year with Major Event Days excluded;

2.10.4.b.6. A narrative summary of the utility’s program for analyzing its Worst-Performing Circuits throughout each year;

2.10.4.b.7. A list of the top five percent of the utility’s Worst-Performing Circuits with a minimum of at least one circuit per Service Area; and

2.10.4.b.8. Planned improvements to Worst-Performing Circuits.

W. Va. Code R. § 150-3-3 Meter Requirements

3.1. Methods of measuring service.

3.1.1. Metered.

3.1.1.a. All electric energy sold within the State of West Virginia shall be by meter measurements, except street lighting, outdoor lighting, traffic signal service and other small fixed loads.

3.1.1.b. All customers served under a given rate schedule shall have their energy consumption measured with meters having suitable characteristics.

3.1.2. Metering point -- Each point of delivery of service shall be considered as a customer and the metering and billing shall be administered accordingly unless the applicable rate schedule includes provisions, or the consent of the Commission is first obtained, for combined meter readings.

3.1.3. Waste or fraud. 3.1..3.a. The utility shall have the right to set meters or other devices for the detection and prevention of fraud or waste, without notice to the customer.

3.1.3.b. In any case, where a service meter or service facility has been tampered with so as to interfere with accuracy of registration or indication, the utility whose meter or service facilities have been tampered with shall be entitled to payment for energy or demand used but not registered during a period not exceeding one year prior to the date of discovery of the tampering, unless the time of tampering can be shown, in which case the energy not registered subsequent to such time shall be paid for.

3.2. Location of meters.

3.2.1. Utility rules and regulations -- Each utility may establish rules and regulations governing the service entrance wiring and equipment to be installed on customer's premises; such rules and regulations shall be effective when they have been filed with and approved by the Public Service Commission. In the absence of special rules and regulations filed by a utility, such utility shall require compliance with the following general provisions.

3.2.2. Accessibility -- All meters owned and installed by the utility shall be easily accessible for reading, testing and making necessary adjustments and repairs. When a number of meters are grouped at the same location, each service entrance equipment should be tagged, so as to indicate the circuit served by it.

3.2.3. Outdoor.

3.2.3.a. Where meters are installed outdoors on customer's premises they shall be placed on the exterior of buildings in locations readily accessible to authorized company representatives for meter reading, testing and maintenance and shall not be subject to severe vibration.

3.2.3.b. Meters should not be installed in locations where the meter readers or servicemen may inadvertently damage flower beds, or shrubbery, or where it will be necessary for them to climb over fences or other obstructions to service the meters. They shall not be placed in locations where they may be accidentally damaged or on buildings where they will cause inconvenience either to the customer or to the company's representative.

3.2.4. Indoor -- Where meters are installed indoors on customer's premises they shall be located in a clean, dry, safe place as free as possible from vibration.

3.2.5. Forbidden locations -- Meters should not be installed in basements where the only entrance is through a trap door or in coal or wood bins or on partitions forming such bins, nor on any unstable partitions or supports. They should not be installed in attics, bedrooms, bath or toilet rooms, restaurant kitchens, stairways, ventilating or elevator shafts, over windows, doors or in any like location. They should not be installed near belts or other moving machinery.

3.2.6. Precautions for demand meters -- Demand meters, in general, may be located the same as watthour meters but due to the fact that they may be provided with a clock mechanism (either spring or motor driven) that is more sensitive to temperature changes, moisture and dust than watthour meters, the locations should be such that the severity as far as these conditions will be minimized.

3.2.7. Exemption -- Districts subject to flood are exempted from this rule as it applies to the location of meters.

3.2.8. Duty of customer.

3.2.8.a. Proper provision must be made for the installation of the utility's meter. Unless the meter is to be mounted upon a panel installed within a cabinet or similar device, such provisions shall consist of a board constructed in accordance with the requirements of the utility, or where meter sockets or similar meter mounting devices are used, they are to be mounted plumb on flat surfaces and, in general, located at a point mutually agreeable to the customer and the utility. At least fifteen (15) inches clear space must be available on all sides of the meter mounting device and there must be a minimum of thirty-six (36) inches access space in front of the meter. Electric meters must not be installed in close proximity to water or gas meters or anything liable to damage the meter or thereby constitute a hazard to the customer's safety and continuity of the service.

3.2.8.b. When more than one meter is to be installed in the same building, it is recommended that provisions be made by the customer for grouping the meters at one location. When such grouping of single phase meters is made, they must not be mounted closer than 7 inches center to center.

3.3. Station meters and records.

3.3.1. Equipment.

3.3.1.a. Each utility generating electric power shall install and maintain in service in each generating station such integrating and recording meters as may be necessary to obtain a record of station voltage, of gross and net output, and of peak or integrated demand.

3.3.1.b. Each utility purchasing electric power shall maintain in service such meters or records as may be required to furnish a proper record of its purchases, and in case such utility serves more than 750 customers, it shall maintain available for use a recording voltmeter suitable for securing a record of voltage of supply.

3.4. Master metering.

3.4.1. Multi-unit residential dwellings such as apartment houses, row houses, condominiums, etc., should be individually metered rather than master metered unless the utility serving the facility, the owner or the designer of the facility or other interested party establishes by clear and convincing evidence that an exemption to this rule would be proper. For the purposes of these rules, hospitals, nursing homes, motels and dormitories are not considered to be multi-unit residential dwellings.

3.4.2. Each electric utility should encourage separate metering of multi-unit buildings constructed for other than residential purposes (office buildings for example) whenever reasonable considering conservation of energy resources, economics, technical and other practical constraints. For the purposes of these rules, hospitals, nursing homes, hotels, motels and dormitories are not considered to be multi-unit residential dwellings.

W. Va. Code R. § 150-3-4 Customer Relations

4.1. Customer information.

4.1.1. Character of service -- A utility shall, upon request, when application is first made for electrical service, furnish to the applicant information regarding the character of service.

4.1.1.a. Whether direct or alternating current is available.

4.1.1.b. The voltage or voltages available.

4.1.1.c. The frequency of the alternating current.

4.1.1.d. Whether single or multi-phase lines are available.

4.1.2. Explanation of rates -- It shall be the duty of the utility to explain to the customer, at the beginning of service, or whenever the customer shall request the utility to do so, the utility's rates applicable to the type of service furnished to the customer and all other classes of customers, and to assist the customer in obtaining the rate which is most advantageous to the customer's requirement for service. The responsibility for the selection, however, must rest with the applicant. In the event that the customer's use of service is later such that an applicable rate schedule, other than the one initially selected, proves to be more favorable, the responsibility for requesting a change in rate schedule, consistent with the provisions of the service agreement, shall rest with the customer. The utility shall, on its periodic statements, annually inform its customers that, if they so request, it shall supply the customers with a copy of the utility's rate or rates applicable to the type of service to be furnished to them and to all other classes of customers with a concise written explanation of the rates, and an identification of any classes of customer whose rates are not summarized.

4.1.3. Selection of equipment -- When service is available only at certain times of the day or night, full information shall be given with respect thereto. Upon the request of any customer, reasonable assistance shall be given as to the selection of incandescent or other suitable types of lamps and appliances best adapted to the character of current furnished and most advantageous to said customer under the terms of the schedule of charges under which service is being furnished.

4.1.4. Meter reading method -- The utility shall, upon request, inform its customers how meters are read.

4.1.5. Posting of law, rates, rules and regulations.

4.1.5.a. Every utility shall provide in its business office, where it may be available to the public, the following:

4.1.5.a.1. A copy of the rates, rules and regulations of the utility, and of forms of contracts and applications applicable to the territory served for that office.

4.1.5.a.2. A copy of Chapter 24, Code of West Virginia.

4.1.5.a.3. A copy of the Commission's Rules for the Government of Electric Utilities.

4.1.5.b. A suitable placard in large type shall be placed in each business office of the utility giving information to customers that a copy of the law, the rules of the Public Service Commission and the schedules of rates are available for their inspection.

4.1.6. Information as to service -- Each utility shall, upon request, give its customers such information and assistance as is reasonable, in order that customers may secure safe and efficient service.

4.2. Customer deposits.

4.2.1. Security deposit -- A utility may require an applicant or customer to make a deposit as a guarantee of the payment for electricity used. Such deposit shall not be more than one-twelfth (1/12) of the annual estimated charge for residential service and one-sixth (1/6) for all other service to secure the utility from loss. The utility shall not be bound to supply electricity until this condition is fulfilled and it may cut off the supply if the guarantee is not given when required.

4.2.1.a. Refund of deposit -- After the customer has paid bills for service for twelve (12) consecutive months, without a delinquency, the utility shall promptly and automatically refund the deposit in its principal amount plus accrued interest. Utilities may, at their discretion, refund deposits after shorter periods of time. Calculation of the above twelve (12) month period shall commence from the first regular payment or following the payment of a delinquent bill or bills. The interest rate to be paid shall be determined as follows. The rate which utilities shall be required to pay shall be the average of the one-year United States Treasury Bill rates for October, November and December of the preceding calendar year. By January 15 of each year, Staff of the Commission shall make the necessary calculations and, file with the Commission its calculations. The Commission will issue an order setting the rate to be paid by the utilities until the next annual Commission order. The simple interest shall be paid at the date of discontinuance of service or at the end of the deposit period. The utility shall have a reasonable time to read and remove meters and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund.

4.2.1.b. Record of deposit -- Each utility holding a cash deposit shall keep a record showing: (i) the name and current address of each depositor; (ii) the amount and date of the deposit; and (iii) each transaction concerning the deposit.

4.2.1.c. The receipt -- Concurrently with receiving a cash deposit, the utility shall deliver to the applicant for service or customer, a receipt showing: (i) the date thereof; (ii) the name of the applicant or customer and the address of the premises served or to be served; (iii) the service furnished or to be furnished; and (iv) the amount of the deposit and the fact that interest will be paid on the deposit. Each utility shall provide automatic means to refund the deposit of a customer, when the customer is so entitled, if the original receipt cannot be produced. A receipt or proof of payment will not be necessary under the provisions for an automatic refund.

4.2.1.d. Unclaimed deposits -- Should a utility have retained, through no fault of its own, deposits made by customers to whom service has been discontinued during any calendar year, it shall, on or before the first day of March, in each year, mail to the customer's last known address a check as refund of the deposit, plus accrued interest, or at the utility's option, publish a list of such depositors in a newspaper published and of general circulation in each of the counties in which it operates and in which the deposits were made, showing as of the thirty-first (31st) day of December immediately preceding, the amount of each such deposit, together with the interest due thereon, and notifying depositors listed therein that their deposits, together with accrued interest, are being held to their credit and will be returned upon request. The utility shall not be liable for any interest on such deposit after publication of such lists. (See W.Va. Code §34-2-1). Deposits remaining in the hands of the utility upon completion of the foregoing procedure shall be considered derelict property and shall escheat to the State of West Virginia under the provisions of the Code of West Virginia, Chapter 34, Article 2.

4.2.1.e. The Commission may, upon entry of a proper order, require any utility to segregate the customer deposits into a special account at a federally insured institution.

4.2.1.f. All utilities that collect security deposits must do so in a non-discriminatory manner.

4.2.1.g. Provided, however, that this rule shall not affect residential customer security deposits required by a utility prior to the passage of W. Va. Code §24-3-8 on March 12, 1983.

4.2.2. Guaranty agreement.

4.2.2.a. A utility may accept, in lieu of the cash deposit, a guaranty agreement signed by a financially responsible guarantor, whereby payment of a specified sum, not exceeding the cash deposit aforesaid, is guaranteed. The guarantor shall receive copies of disconnection notices sent to the customer whose account has been guaranteed: Provided, however, that the limitations herein fixed upon the terms of a guaranty agreement shall not apply to industrial customers.

4.2.2.b. Guaranty agreements shall terminate after the customer has satisfactorily paid bills for service for twelve consecutive months, or when the customer gives notice to the utility of the discontinuance of service at the location covered by the guaranty agreement, or three months after discontinuance of service where no notice was given or at the guarantor's request upon thirty (30) days written notice to the utility. In any case, after the automatic termination of a security agreement, where experience indicates that a cash deposit or a new guaranty agreement is reasonably necessary to secure the utility from loss, a cash deposit or a new guaranty agreement may be required upon written notice to the customer.

4.2.3. Application in case of receiver or trustee -- The aforesaid provisions shall apply in the case of a receiver or trustee, operating under court order a business requiring utility service.

4.3. Billing information.

4.3.1. Bills rendered periodically shall show the reading of the kilowatt hour meter at the beginning and the end of the period for which the bill is rendered, the date of such reading and the amount of energy supplied during the period. At the utility's option, meters of residential and small commercial lighting customers may be read and bills computed in units of ten kilowatt hours. Units larger than ten kilowatt hours may be used in the case of larger commercial and industrial customers when required by the meter design or the use of instrument transformers.

4.3.2. In the case of a demand rate the number of demand units used in billing shall be shown on the bill.

4.3.3. Mechanical billing -- Utilities desiring to adopt mechanical billing of such nature as to render compliance with all of the terms of 4.3.a. impracticable, may make application to the Commission for relief from part of these terms. After consideration of the reasons given when asking for relief, the Commission may allow the omission of part of these requirements.

4.3.4. Billing period -- Meters will be read as nearly as possible at regular intervals except as otherwise provided in the utility's tariff. Because of the incidence of weekends, holidays, and unusual conditions, it is recognized that there may be variations of several days in the period between meter readings. No adjustment will be required in billing when the deviation from the standard period is not more than five (5) days in the case of monthly billing, ten (10) days in the case of bi-monthly billing, and fifteen (15) days in the case of quarterly billing. When the deviation exceeds these limits, either for regular or periodic billing or for opening and closing bills, the energy blocks, demand charges, and minimum charges shall be prorated on the basis of the ratio of the number of days in the period in question to the number of days included in the standard period, which will be taken at thirty (30) days for monthly billing, sixty (60) days for bi-monthly billing, and ninety (90) days for quarterly billing.

4.3.5. Delayed Payment Penalty -- Each bill shall bear upon its face the latest payment date and the date it will become delinquent if not paid. On all current usage billings not paid by the latest payment date, a delayed payment penalty or carrying charge as approved in the utility’s tariff will be added to the net current amount unpaid. A delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. This provision must be included in the utility’s tariff filed with the Commission.

4.4. Adjustment of bills.

4.4.1. Meter fast -- Whenever a meter in service is found upon periodic, request or complaint test, to be more than two percent (2%) fast, tests shall be made, as stipulated in Rule 6.4., to determine the average error of the meter.

4.4.1.a. Whenever a meter is found upon periodic, request or complaint test, to have an average error of registration of more than two percent (2%) fast the utility shall recalculate the monthly bills for a period equal to one-half of the time elapsed since the last test, but in no case shall this period exceed six (6) months. (See exception in Rule 4.4.4.). The method of recalculating the monthly bills shall be as shown in the following example:

4.4.1.a1A. A meter, upon test, was found to have an average accuracy of one hundred five percent (105%) or an error of five percent (5%) fast. The consumption registered for a billing period previous to test was one hundred five (105) K.W.H. The correct amount is determined by multiplying one hundred five (105) K.W.H. by one hundred (100) and dividing this product by one hundred five (105), (the average percent accuracy) which result is one hundred (100) K.W.H. and is the proper amount to be billed.

4.4.1.b. After making such recalculations the utility shall refund to the customer the difference between the amount previously billed and the amount calculated as being the proper charge.

4.4.2. Meter slow -- Non-residential customers.

4.4.2.a. When a meter upon periodic, request or complaint test, is found to have an average error of more than two percent (2%) slow, the utility may recalculate the monthly bills for a period equal to one-half of the time elapsed since the last test, but in no case to exceed six (6) months. The method for recalculating the monthly bills shall be as shown in the following example:

4.4.2.a.1. A meter, upon test, was found to have an average accuracy of ninety-five percent (95%) or an error of five percent (5%) slow. The consumption registered for a billing period previous to test was one hundred five (105) K.W.H. The correct amount is determined by multiplying one hundred five (105) K.W.H. by one hundred (100) and dividing this product by ninety-five (95), (the average percent accuracy) which result is 110.526 or one hundred eleven (111) K.W.H. and is the proper amount to be billed.

4.4.2.b. After making such recalculations the utility may collect from the non-residential customer an amount, equal to the difference between the amount previously billed, and the amount calculated as being the proper charge.

4.4.3. Percent error -- It shall be understood that when a meter is found to have an error in excess of two percent (2%) fast or slow, the figure for calculating the amount of refund or the amount to be collected by the utility, where applicable, shall be that percentage of error as determined by the test. It is the duty of the utility to maintain the accuracy of its measuring devices as near one hundred percent (100%) as it is commercially practicable. Therefore, percent error shall be that difference as between one hundred percent (100%) and percent accuracy as is indicated by a proper test.

4.4.4. Refunds -- The burden of maintaining measuring equipment, so that it will register accurately, is upon the utility; therefore, if meters, other than single phase meters tested under a sampling procedure approved by the Commission, are found upon test to register fast, and if time for periodic test has overrun to the extent that one-half (½) of the time elapsed since the last previous test exceeds six (6) months, the refund shall be for the six (6) months, as specified in Rule 4.4.1.a., and in addition thereto, a like refund upon those months exceeding the periodic test period: Provided, however, that the Commission may relieve the utility from this requirement in any particular case in which it shown that the failure to make the periodic test was due to causes beyond the utility's control.

4.4.5. Notification -- When a meter is tested and it is found necessary to make a refund or back bill a customer the customer shall be notified in substantially the following form: On______________, 2___, the meter bearing identifying No._______________ installed in your building, located at _________________, in ___________________was tested at _______________(on premises or elsewhere) and found to register _____________________________________(% fast or slow). The test was a ___________________ *(periodic - request - complaint) test. Based upon this test, we will ________________________ *(charge or credit) you the sum of $, which amount has been noted ______________________________.” *To be filled in by utility.

4.4.6. Non-registering meter -- When a meter is found to be non-registering, the utility may recalculate the monthly bills for a period equal to the time period determined that the meter has been non-registering, but in no case to exceed three months. The recalculation shall be based upon a similar period of usage, temperature variations, changes in customer equipment and other pertinent information. A meter is non-registering if it registers less than 25% of Kwh used when tested. A utility shall retain a non-registering meter for a minimum of thirty (30) days following a Rule 4.4.5 notice.

4.5. Complaints.

4.5.1. Investigation of complaints -- Each utility shall make a full and prompt investigation of all complaints made to it by its customers, either directly or through the Commission.

4.5.2. Records of complaints -- The utility shall keep a record of all complaints received, which record shall show the name and address of the complainant, the date and character of the complaint, and the adjustment or disposal made thereof.

4.5.3. Disposition of records -- A summary of each complaint showing the nature of the complaint, the results of the investigation, and the disposition of each complaint will be prepared and maintained for a minimum of twenty-four (24) months after the resolution of each complaint.

4.6. Disputed bills -- In the event of a dispute between the customer and the utility respecting any bill, the utility shall make forthwith such investigation as shall be required by the particular case, and report the result thereof to the customer. In the event that the complaint is not adjusted, the utility shall, before service is discontinued, comply with the provisions of Rule 4.8.

4.7. Customer discontinuance of service.

4.7.1. Any customer desiring to have its service discontinued shall give at least three (3) days' notice thereof to the utility, unless a longer or shorter period shall be incorporated in any standard or special contract mutually agreed upon. Until the utility shall have such notice, the customer may be held responsible for all service rendered.

4.7.2. If service is disconnected at the request of the customer, the utility may refuse service to such customer, at the same premises within eight (8) months of such disconnection, unless it shall first receive payment of a reconnection charge as provided for in an effective tariff on file with the Commission.

4.8. Utility discontinuance of service.

4.8.1. Definitions -- for the purposes of this rule, the following definitions shall apply:

4.8.1.a. Delinquent bill -- A bill becomes delinquent if not paid in full, within thirty (30) days of being rendered.

4.8.1.b. Due bill -- A bill is due when rendered.

4.8.1.c. Latest Payment Date -- The last day a customer can make payment on a bill to avoid a late payment penalty.

4.8.1.d. Payment -- Payment is made by cash, check, electronic transfer, money order, voucher from Department of Health and Human Resources or from assistance agencies or faith organizations, or credit and debit cards (if accepted by the utility and any applicable charge paid by the customer).

4.8.1.d.1. A utility has discretion to disregard and return to a customer a personal check or electronic transfer intended as a payment of a delinquent bill if the customer has, within the past three (3) months, presented the utility with a check returned for insufficient funds or invalid account information. If a utility elects to disregard and return a personal check or electronic transfer to a customer, it must, within five (5) days of receiving the personal check or electronic transfer, mail the customer a written notice that the check was refused, state the reason for the refusal, and provide the customer with five (5) days to pay by other means prior to termination.

4.8.1.e. Certified Health Condition or Seasonal Time Period -- For the purposes of this rule, the following circumstances shall be deemed to constitute a condition under which termination of service could be dangerous to the health or safety of a residential customer or a member of the residential customer's household. The existence of a Certified Health Condition or Seasonal Time Period described below in Rule 4.8.1.e.1. or Rule 4.8.1.e.2. increases the utility notice requirements as set forth in Rule 4.8.2.b.2.B., but does not prohibit disconnection except as provided in Rule 4.8.2.b.9.:

4.8.1.e.1. Written certification from a currently licensed physician, nurse practitioner or physician assistant that termination of service would be dangerous to the customer or a member of the customer’s household for medical reasons (Certified Health Condition). Such certification must be received by the utility within ten (10) days after the customer informs the utility of those reasons, and must be renewed every thirty (30) days, starting from the date the certification is sent to the utility. If a licensed physician, nurse practitioner or physician assistant states to a reasonable degree of medical certainty that the condition is permanent, then certification need not be renewed.

4.8.1.e.2. The time period from the first day of November through the last day of March (Seasonal Time Period).

4.8.1.f. Personal contact -- Unless specifically provided otherwise in these rules, personal contact as referenced in Rule 4.8.1. may be made by:

4.8.1.f.1. A face-to-face meeting initiated by the utility or by the customer (Actual Personal Contact);

4.8.1.f.2. A telephone call initiated by either the utility or the customer in which a live conversation occurs between the utility and an adult member of the household and that alerts the customer to possible service disconnection and provides a toll free call back number or call back number local for the customer’s service address (Actual Telephone Contact);

4.8.1.f.3. A telephone call that reaches a voice-mail or answering device and that alerts the customer to possible service disconnection and provides a toll free call back number or call back number local to the customer’s service address. If an automated call is answered by a live person, the call must provide a means for the customer to speak with a customer service representative during the automated call, such as by pressing a button or speaking a demand. (Automated Telephone Contact); or

4.8.1.f.4. An electronic message if the customer provided an email address, cell phone number or text messaging capability, or other means of electronic communication and indicated a preference for this category of contact. The electronic message must alert the customer to possible service disconnection and provides a toll free call back number or call back number local for the customer’s service address (Electronic Communication Contact). An Electronic Communication Contact will be deemed successful unless the utility receives notice, or the utility’s systems show, that the Electronic Communication Contact was not received by the customer.

4.8.1.g. Any of the four methods above shall be deemed a successful personal contact attempt. An Actual Telephone Contact, an Automated Telephone Contact, or an Electronic Communication Contact may be used as an after-hours personal contact attempt.

4.8.2. Grounds for discontinuance and procedure to be followed.

4.8.2.a. A utility may terminate service without notice when, absent such termination, a potentially dangerous condition with respect to the facilities of the utility or of the customer (Dangerous Facilities Condition) exists that could be hazardous to life or property. If a utility terminates service without notice: (i) it must keep a record of the potentially Dangerous Facilities Condition causing the termination and (ii) it should make a reasonable effort to notify the customer prior to termination and shall inform the customer of the steps that must be taken to have service restored.

4.8.2.b. A utility may, after giving written notice and complying with personal contact requirements, discontinue service to any customer for non-payment of bills where any bill is delinquent, or for fraud, or violation of its rules on file with the Commission or failure to provide access to utility property located on the customer's premises, subject to the following conditions:

4.8.2.b.1. The written notice must comply with P.S.C. W.Va. Form No. 14-E and shall be sent first class mail, address correction requested, postmarked at least ten (10) days prior to the scheduled termination. A notice of discontinuance may not be mailed prior to the date the bill becomes delinquent.

4.8.2.b.2. Personal Contact Notice.

4.8.2.b.2.A. No Certified Health Condition or outside Seasonal Time Period. In addition to written notice, if a Certified Health Condition does not exist or if the actual termination date falls outside of the Seasonal Time Period defined in Rule 4.8.1.e., the utility is required to make two attempts at personal contact as defined in Rule 4.8.1.f., unless it can be reasonably established that the premises are not permanently inhabited. The attempts must be made on two separate business days, with the last attempt occurring at least forty-eight (48) hours prior to the scheduled service termination. For any category of telephone contact, a call must be placed no earlier than 8 a.m. and no later than 9 p.m. and one of the telephone attempts must be made after 6 p.m.

4.8.2.b.2.B. Certified Health Condition or within Seasonal Time Period. In addition to written notice, if a Certified Health Condition exists or if the termination date falls within the Seasonal Time Period as defined in Rule 4.8.1.e., the utility is required to make three attempts at personal contact as defined in Rule 4.8.1.f., unless it is reasonably established that the premises are not permanently inhabited. The attempts must be made on three separate business days, with the last attempt occurring at least forty-eight (48) hours prior to the scheduled service termination and in the case of any category of telephone contact, a call must be placed no earlier than 8 a.m. and no later than 9 p.m. and one of the telephone attempts must be made after 6 p.m. In addition, at least one of the attempts must be an on-site visit at the service location, unless the customer has threatened the safety of utility personnel as described in Rule 4.8.2.b.14.A.1. through 3. If one of the attempts is an on-site visit and the on-site visit fails to accomplish Actual Personal Contact, then the utility representative shall leave an appropriate written notice with relevant information on termination. If one of the first two attempts is successful, no subsequent attempt(s) is required. If all three attempts at personal contact are unsuccessful, the utility shall file a verified certification in compliance with Rule 4.8.2.b.14.

4.8.2.b.3. The written notice shall become void if the utility has not discontinued service within thirty (30) days of the date indicated on the notice for termination. The thirty (30) day termination notice period shall be tolled, however, during the time that a customer meeting and utility decision are pending under Rule 4.8.2.b.5., or the time that a customer’s dispute, informal complaint, formal complaint or request for assistance is pending with the Commission. If the dispute is not successfully resolved informally, the thirty-day period will resume on the seventh day following issuance of the utility’s decision referenced in Rule 4.8.2.b.5., or the date the Commission closes the request for assistance or issues a final order in a formal complaint.

4.8.2.b.4. If a customer fails to respond to a termination notice and the utility terminates service, the utility is not required to reconnect that customer unless the customer (i) pays up-front a minimum of one-half of the total delinquency or other amount ordered by the Commission, (ii) pays the deposit as provided in the utility tariff, and (iii) enters into a deferred payment agreement under which the remaining balance of the unpaid bills, plus a two (2) percent service fee on the remaining balance, is paid over six months. In addition, the customer must either pay the reconnection fee provided in the utility tariff or in Rule 4.8.3., or, at the customer’s election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement.

4.8.2.b.5. If, prior to termination of service, the customer contacts the utility or the utility makes Actual Personal Contact or Actual Telephone Contact with the customer, the utility must inform the customer that if the customer (i) disputes any portion of a bill, (ii) is being charged for service not rendered, (iii) believes that any information resulting in the utility's decision to terminate is erroneous, or (iv) in the case of a residential customer, the customer wishes to negotiate a deferred payment agreement, then the utility will provide an opportunity to the customer for a meeting to present the customer’s dispute to a designated employee, who is empowered to resolve the dispute and/or negotiate a deferred payment agreement. The customer shall have the option of an in-person meeting with the designated employee, which shall take place at the business office nearest to the customer's residence or place of work, or a meeting by telephone conference. The utility shall provide the customer with written notice of its decision and the written notice shall advise the customer that the customer may object to the utility decision by requesting assistance from, or filing a formal complaint with, the Commission. Formal complaints are processed pursuant to the Commission Rules of Practice and Procedure, 150 C.S.R. 1.

4.8.2.b.5.A. The utility may not terminate service while any of the following is pending: (i) a customer/utility meeting described in Rule 4.8.2.b.5., (ii) a written utility decision following a customer/utility meeting, and during the seven (7) days after issuance of the utility decision, (iii) a request for assistance to the Public Service Commission, and during the seven (7) days after the Commission closes a request for assistance, or (iv) a formal complaint before the Commission and for seven (7) days after issuance of a final order unless the Commission orders otherwise. During the pendency of negotiations with the utility or any process before the Commission, the customer must pay the current bill for service rendered after the utility mailed the P.S.C. W.Va. Form No. 14-E, to avoid termination. If the customer is negotiating a disputed bill, the customer must pay the amount not in dispute plus bills for current service.

4.8.2.b.6. Deferred Payment Agreement.

4.8.2.b.6.A. If a residential customer wishes to negotiate a deferred payment agreement, the designated employee shall offer the customer a standard deferred payment agreement.

4.8.2.b.6.B. A standard deferred payment agreement will include a service fee equal to two percent (2%) of the delinquency and a pay-off amount consisting of the delinquency balance and the service fee, in twelve monthly payments. For example, a delinquency balance of $1,176.47, would be assessed a service fee of two percent or $23.53, for a total pay-off amount of $1,200, resulting in twelve monthly payments of $100 in addition to current bills. If a residential customer desires a payment period that is shorter than twelve (12) months, the utility shall accept the shorter term. A utility may elect to use a standard deferred payment agreement that does not include a two percent (2%) service fee provided it offers the same no-service-fee plan to all residential customers in a tariff provision.

4.8.2.b.6.C. If a residential customer believes that the customer cannot afford the monthly payments required under a standard deferred payment agreement, then the utility and the customer may negotiate a non-standard deferred payment agreement. In negotiating the non-standard deferred payment agreement, the parties will take into consideration factors including, but not limited to: amount of the bill; ability of the customer to pay; payment history; length of time that the debt has been outstanding; reasons why the debt has been outstanding; and any other relevant factors.

4.8.2.b.6.D. Every deferred payment agreement with a residential customer shall include language stating that the utility has informed the customer of the right to request assistance or file a formal complaint with the Commission regarding the reasonableness of the proposed payments.

4.8.2.b.6.E. A residential customer, who requests to negotiate a non-standard deferred payment agreement because of the customer’s financial circumstances, may request assistance or file a formal complaint if the utility does not agree to the terms for the non-standard deferred payment agreement.

4.8.2.b.6.F. If negotiations for a non-standard deferred payment agreement with the utility or pursuant to a request for assistance fail, then the customer shall have seven (7) days from the date that negotiations end to elect to enter into a standard deferred payment agreement. If the customer does not elect the standard deferred payment agreement before the expiration of the seven (7) days, then the utility may terminate service without further notice.

4.8.2.b.6.G. After a deferred payment agreement has been established, if the customer’s financial condition significantly changes and the existing deferred payment agreement works a hardship, the utility shall renegotiate the deferred payment agreement. During the renegotiation period, the customer must timely pay the current bill and make some payment on the arrearage. The utility shall not be required to renegotiate a deferred payment agreement due to a significant change in financial circumstances more than once.

4.8.2.b.6.H. If a customer fails to make a payment required by a deferred payment agreement, the utility may terminate service only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, either Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the delinquent payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.

4.8.2.b.6.I. A utility that terminates a customer for failure to comply with a deferred payment agreement is not required to reconnect that customer unless the customer (i) pays up-front a minimum of one-half of the total delinquency or other amount ordered by the Commission, (ii) pays the deposit as provided in the utility tariff, and (iii) enters into a new deferred payment agreement under which the remaining balance of the prior deferred payment agreement will be paid over six (6) months. In addition, the customer must either pay the reconnection fee provided in the utility tariff or in Rule 4.8.3., or, at the customer’s election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement. The utility may charge an additional one (1) percent service fee on the balance being deferred by the new deferred payment agreement. If a customer’s electric service has been terminated two (2) times in a twelve (12)-month period for failure to comply with a deferred payment agreement the utility has no obligation to offer a deferred payment agreement to that customer until the delinquency has been paid in full.

4.8.2.b.7. If a customer fails to make a payment as ordered by the Commission in an interim relief order, the utility may terminate service only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the delinquent payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.

4.8.2.b.8. If a residential customer, or the customer’s agent, has requested that the utility contact a relative or responsible third party prior to any termination or other material action on the account, the utility shall provide all written notices regarding termination to both the customer and the designated relative or responsible third party. The utility shall provide the required personal contact notice to the designated relative or responsible third party. The utility may, but is not required to, provide personal contact notice to the customer.

4.8.2.b.9. Service shall not be discontinued on a day:

4.8.2.b.9.A. on which the utility or its designated agent is unable to accept payment and to negotiate a deferred payment agreement;

4.8.2.b.9.B. preceding a day on which the utility or its designated agent is unable to accept payment and to negotiate a deferred payment agreement;

4.8.2.b.9.C. that the National Weather Service predicts the temperature to be thirty-two (32) degrees or colder at or near the customer’s service location.

4.8.2.b.9.D. that is a Friday, Saturday, Sunday or legal holiday.

4.8.2.b.10. Service shall not be discontinued earlier than 8:00 a.m. or later than 4:00 p.m.

4.8.2.b.11. Service shall be reinstated as soon as possible and no more than eight (8) hours after receipt of payment, unless the customer has elected a later reconnection time to avoid a higher reconnection fee.

4.8.2.b.12. The utility may, but is not required to accept payment at the customer's premises in lieu of discontinuing service. The utility must suspend the disconnection process if the customer shows proof of payment. If the utility suspends disconnection because the customer shows proof of payment and that payment is later dishonored by the customer’s bank, the utility may resume the disconnection process only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, either Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the required payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.

4.8.2.b.13. If the customer of record responsible for payment of a utility bill is: (i) a landlord of a master metered apartment building, motel, hotel, or other multiple unit dwelling, or (ii) a third party who is a non-resident of the single service location, then written notice of termination, using Form 14-ME, shall be posted at least five (5) days prior to the scheduled termination. The notice for a master metered multiple unit dwelling shall be placed in a conspicuous common area at a location readily available for public inspection. Whenever possible, copies shall also be posted on the main doors of each dwelling in the facility. The notice for single unit dwellings occupied by third parties shall be placed on the main door of the dwelling.

4.8.2.b.14. If after making three (3) attempts at personal contact with a residential customer in conformance with Rule 4.8.2.b.2.B., the utility is unable to make Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact, the utility is required to file a verified certification with the Commission within five (5) business days of termination of utility service:

4.8.2.b.14.A. certifying the utility attempted to make personal contact as required by these Rules, including making a premises visit, or if no premises visit is made, certifying that the customer or member of the household:

4.8.2.b.14.A.1. has been verbally or physically aggressive or abusive to employees;

4.8.2.b.14.A.2. has threatened employees with vicious animals, or

4.8.2.b.14.A.3. has brandished or made reference to weapons;

4.8.2.b.14.B. indicating whether a Certified Health Condition or Seasonal Time Period gave rise to the requirement to make three attempts at personal contact;

4.8.2.b.14.C. certifying the date utility service was terminated.

4.8.2.b.14.D. certifying that the termination was in compliance with these Rules, including Rule 4.8.2.b.9.

4.8.2.b.15. A bill which has been found to be contractually uncollectible by a court of competent jurisdiction or could reasonably be found to be uncollectible by reason of the statute of limitations shall not be used by a utility to deny or discontinue service.

4.8.3. Charge for reconnection -- Whenever utility service is terminated pursuant to Rule 4.8.2. above, the utility may make a charge of five dollars ($5.00) for reconnection of service, unless otherwise provided in an effective tariff on file with the Commission. If the customer and the utility enter into a deferred payment agreement, the customer must pay the reconnection fee provided in the utility tariff, the five dollars ($5.00), or, at the customer’s election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement.

4.8.4. The utility shall not refuse, deny, or discontinue service to an applicant or present customer due to a delinquency in payment for service by a previous occupant of the premises to be served unless such applicant or present customer and such previous occupant are members of the same household and were members of the same household at the time the delinquent bill was incurred.

4.8.5. The Commission may waive the application of any provision of this rule if it is demonstrated that the operation of any such provision will result in an undue hardship to the utility or the customer. This provision is to be invoked only in exceptional cases and shall not be used to attempt to gain a general waiver of the application of the entire rule by either the utility company or the customer.

4.9. Refusal to serve applicant.

4.9.1. Non-compliance with rules and regulations -- Any utility may decline to serve an applicant until he has complied with the State and Municipal regulations governing electric service and the approved rules and regulations of the utility.

4.9.2. Applicant's facilities inadequate -- The utility may decline to serve an applicant if, in its judgment, the applicant's installation of wiring or electrical energy consuming equipment is regarded as hazardous or of such character that satisfactory service cannot be given; however, in no event shall the utility be under any obligation to inspect the wiring or appliances of the customer.

4.9.3. Applicant's recourse -- In the event that the utility shall refuse to serve an applicant under the provisions of this rule, or any other rule incorporated herein, the utility must inform the applicant of the basis of its refusal, and that the applicant may appeal to the Commission for decision.

4.10. Change in character of service -- Prior to making any substantial change in the character of service furnished to any customer, which would affect the efficiency of operation, adjustment, or speed of the equipment or appliances of any customer, the utility shall notify any customer who may be affected. No change in the character of service being rendered may be made, on account of which an expense may be incurred by an existing customer, unless an agreement is secured from such customer and the customer has been given an explanation or documentation of how the costs may be incurred and allotted.

4.11. Access to property.

4.11.1. The utility shall at all reasonable times have access to meters, service connections and other property owned by it on customer's premises, for the purpose of maintenance and operation. Neglect or refusal on the part of customers to provide the utility reasonable access to its meters, service connections, and other property for the above purposes shall be deemed to be sufficient cause for discontinuance of service on the part of the utility.

4.11.2. Identification of employees -- Every employee, whose duties regularly require him to enter the homes of customers shall wear a distinguishing uniform or insignia, and shall carry on his person an identification card, which will identify him as an employee of the utility. The identification card shall contain a photograph of the employee and the telephone number of the utility as well as other pertinent information necessary to identify the employee. All other employees, whose duties require occasional entry into the homes or premises of customers shall carry an identification card containing the information herein required.

4.12. Service interruptions.

4.12.1. Record -- Each utility shall keep a record of Sustained Interruptions of service. These records shall include: the date and time of the interruption, the duration of the interruption, the number of customers interrupted, the substation identifier, and the line or feeder identifier. Records of Major Events shall also be maintained. Utilities shall maintain such records for a minimum of five years.

4.12.2. Notice required -- Insofar as is practical, every customer affected shall be notified in advance of any planned work which will result in interruption of service expected to last two (2) hours or longer, but such notice shall not be required in case of interruption due to emergencies, accidents, acts of God, public enemies, or strikes, which are beyond the control of the utility.

4.13. Sale of electric energy -- No utility shall sell electric energy to any customer except at the rates shown in the tariff or contract of the company filed with the Commission for the class of service furnished.

4.14. Resale of electric energy -- Electric energy shall not be furnished by a public utility to any customer for resale, unless the customer is engaged in the business of distributing electric energy as a public utility.

4.15. Residential conservation service program.

4.15.1. A public utility subject to the jurisdiction of this Commission and to which Part 1, Title II of the National Energy Conservation Policy Act (Pub. L. 95-619, 92 Stat. 3206 et seq.), as amended by the Energy Security Act (Pub. L. 96-294, 94 Stat. 611 et seq.) (hereinafter NECPA), if applicable may recover reasonable costs associated with the implementation of the utility program under NECPA in the following manner:

4.15.1.a. All amounts expended by a public utility for providing information under subsection (a), Section 215 of NECPA are to be treated as a current expense of providing utility service and charged to all ratepayers of such utility in the same manner as current operating expenses of providing utility service.

4.15.1.b. All amounts expended by a public utility to carry out subsection (b), Section 215 of NECPA, by conducting or causing to be conducted a Class A Energy audit, for a particular residential customer may be recovered directly from the residential customer for whom the activities are performed: Provided, That the amount recovered from said residential customer for whom the Class A Energy audit described in subsection (b) is performed shall not exceed a total of fifteen dollars ($15.00) per dwelling unit or the actual cost of such activities, whichever is less.

4.15.1.c. All amounts expended by a public utility to carry out subsection (b), Section 215 of NECPA, including a Class B Energy audit, which are not recovered directly from the residential customer for whom a Class B Energy audit or the activities described in said subsection (b) are performed, and all administrative and general costs incurred by a public utility in carrying out a utility program under NECPA, including Class B Energy audits, may be recovered by the utility as a current expense of providing utility service and charged to all ratepayers of such utility in the same manner as current operating expenses of providing utility service.

4.15.1.d. All amounts expended by a public utility for labor and materials for the purchase or installation of any residential energy conservation measure under Section 215 of NECPA shall be recovered from the residential customer for whom such purchase or installation is performed.

4.16. Reduced rates for low income residential customers.

4.16.1. Tariff filings.

4.16.1.a. Within fifteen (15) days of the adoption of this rule, every public utility, other than a municipality or cooperative electric utility, which provides electric service to residential customers within the State of West Virginia subject to regulation by the Commission shall submit new tariff sheets, or an amendment or rider to its existing tariff sheets, to the Commission for its approval. Each utility's new tariff sheets, or amendments or rider to existing tariff sheets, shall contain a new Special Reduced Rate Residential Service rate schedule ("SRRRS rate schedule"), or Special Reduced Rate Residential Service amendment or rider ("SRRRS amendment or rider"), applicable to electric service provided during the billing months of December, January, February, March, and April to residential customers who qualify for special reduced rates under the provisions of W. Va. Code §24-2A-1: Provided, however, That a public utility shall not be required to file new tariff sheets under this rule if the utility has submitted new tariff sheets, or an amendment or rider to its existing tariff sheets since April 4, 1984, which contain new Special Reduced Rate Residential Service rate applicable to the billing months of December, January, February, March and April, and said tariffs have been approved by the Commission and are consistent with provisions of this rule.

4.16.1.b. The rate(s) charged for service under each SRRRS rate schedule, or amendment or rider, of a utility shall be twenty percent (20%) less than the rate(s) charged for the same service under that utility's standard residential rates. This twenty percent (20%) discount shall apply to customer charges, minimum charges, usage charges, and any charges based on usage during the specified billing month(s) for which customers are eligible to receive the special reduced rates. If a customer is eligible to receive service under an SRRRS rate schedule and the customer is paying bills in accordance with the utility's budget payment plan, the customer shall be credited during any billing month for which the customer is eligible for the special reduced rates with the twenty percent (20%) discount based on the customer's actual usage during that billing month, regardless of the amount of the customer's budget payment plan bill.

4.16.1.c. The terms and conditions of service under each SRRRS rate schedule, or amendment or rider, offered by a utility shall comply with all relevant requirements and conditions set forth in W. Va. Code §24-2A-1, insofar as such requirements and conditions are applicable, and shall conform in all other respects to the terms and conditions under the utility's standard residential rate schedule.

4.161.d. Each utility required to offer special reduced rates under W. Va. Code §24-2A-1 shall maintain tariff sheets, or amendments or riders to existing tariffs, which contain Commission-approved SRRRS rate schedules, amendments or riders. No modification may be made to such tariffs, amendments or riders without prior Commission consent.

4.16.2. Utility's responsibility upon application for special reduced rate -- Each utility offering special reduced rates shall accept applications for service under such rates from:

4.16.2.a. any current customer, and

4.16.2.b. any person who subsequently becomes a customer in his/her own right who makes such application in accordance with rules adopted by the West Virginia Department of Human Services pursuant to W. Va. Code §24-2A-1(b). However, if an SSI, AFDC, AFDC-U or food stamp recipient is living in a household which is served under the name of a person living in that household who is not an SSI, AFDC, AFDC-U or food stamp recipient, that service may not be changed subsequent to March 12, 1983, to the name of the SSI, AFDC, AFDC-U or food stamp recipient in order to qualify for service under the special reduced rates: Provided, That nothing in this section shall cause a utility to deny extension of special reduced rates to any customer on the basis that the customer is not a recipient of aid under any eligible program when said customer is:

4.16.2.b.1. A member of the support group or payment group receiving aid under AFDC or AFDC-U, as determined by the Department of Human Services; or

4.16.2.b.2. A member of the support group or payment group receiving food stamps, as determined by the Department of Human Services, and is over sixty (60) years of age; or

4.16.2.b.3. The spouse of a person who is over sixty (60) years of age and a recipient of food stamps; or

4.16.2.b.4. The spouse of a person who receives Social Security Supplemental Security Income (SSI), or

4.16.2.b.5. Otherwise determined to be eligible to receive such special reduced rates.

4.16.2.c. For the purpose of applying special reduced rates under W. Va. Code §§ 24-2A-1, et seq., a person shall be determined to be a customer of a utility if the person is a member of a household receiving electric service and such service is provided in that person's name. However, if the person in whose name electric service is provided is verified to no longer be a member of the household for reasons which include death or divorce, the customer shall be determined to be any person residing in the household receiving electric service who could be held to be legally accountable or is considered by the utility to be responsible for all or a portion of the utility bill. Verification that the person in whose name service is provided is no longer a member of the household shall be provided by presentation of a death certificate, divorce papers or other reliable documentation or by verification from the Department of Human Services.

4.16.2.d. Each utility offering special reduced rates shall maintain documentation regarding the resolution of individual applications for special reduced rates. The information contained in said records shall include names, addresses or other information which adequately identifies the applicant, the date on which the individual application was tendered to the utility, and the utility's determination with respect to the application.

4.16.2.e. After any period (including a period during which special reduced rates are not in effect) during which a customer does not receive service under an SRRRS rate schedule, or amendment or rider, that customer must reapply in order to receive service under such a rate schedule, or amendment or rider.

4.16.3. Provision of service under special reduced rate.

4.16.3.a. In determining whether an applicant is eligible to receive special reduced rates, a utility is entitled to rely on the information which is provided to it directly or indirectly by the West Virginia Department of Human Services.

4.16.3.b. Each utility offering special reduced rates shall use due diligence to reflect charges thereunder on the bills it renders to customers entitled to service under such rates. However, no utility shall be required to alter the timing of its meter-reading or billing schedules, but may make adjustment to subsequent bills to correct billing errors or to reflect the effects of a customer beginning, continuing, or ceasing to be entitled to receive service under the special reduced rates.

4.16.4. Certification of deficiency -- Once a year, beginning in the year 1984, each utility offering special reduced rates may make application to the Commission for a determination and certification of the revenue deficiency which it has experienced as a result of offering service under the special reduced rates instead of under the utility's standard residential rates. Each such application should contain sufficient information to enable the Commission to determine the revenue deficiency experienced by the utility making the application. This information shall include a comprehensive monthly report of the utility's disposition of the applications received and the resulting revenue deficiency for each month by completion of attached PSC WVA Form 214.6A and a summary report for the entire certification period by completion of attached PSC WVA Form 214.6. All information submitted for determination and certification of a utility's revenue deficiency shall be verified by the utility to be true and accurate to the best of its knowledge and information. Each determination and certification of a revenue deficiency shall be issued in the form of a final order.

4.16.5. Notice to customers.

4.16.5.a. It shall be the responsibility of the utilities to adopt policies for providing notice to their customers of the availability of and advantages of the discount program.

4.16.5.b. The utilities shall be required to provide notice to their customers at least once each fall prior to the winter heating season, concerning the availability of the discount program.

4.16.5.c. The notice shall state in bold face type that the customer must reapply each year to obtain the discount program benefit.

4.17. Notice to landowners of right-of-way clearing activity.

4.17.1. Authority -- The provisions of Rule 4.17. are promulgated under the authority and requirements of W. Va. Code §61-3-48. These provisions do not apply to the aerial application of herbicides.

4.17.2. Definitions -- As used in Rule 4.17., the term:

4.17.2.a. "Written permission" means the permission of a landowner to a public utility to perform right-of-way clearing or maintenance pursuant to a contract with the landowner or his or her predecessor in title, such as an easement, franchise, permit, or by other operation of law.

4.17.2.b. "Right-of-way clearing or maintenance" means to cut down, trim, and/or otherwise control, or to cause to be cut down, trimmed, and otherwise controlled trees and other vegetation.

4.17.2.c. "Routine" means planned or scheduled in the normal course of operation.

4.17.2.d. "Sudden emergency" means a condition endangering persons or property of a landowner, an occupant of land, a public utility or the general public, as well as a condition endangering the provision of utility service.

4.17.2.e. "Reasonable notice" means:

4.17.2.e.1. In the case of routine right-of-way clearing or maintenance, personal contact with the owner of the property on which such clearing or maintenance is to be performed: Provided, That should such personal contact not be possible due to lack of structures for habitation on the property or unavailability, those properties shall be included in a Class I legal advertisement in a newspaper of general circulation in the county to be affected by the clearing or maintenance; or

4.17.2.e.2. In the case of right-of-way clearing or maintenance resulting from a sudden emergency, the utility shall issue a news release. After the sudden emergency is over and the necessary clearing is complete, the utility shall publish the notice regarding the properties in a Class I legal advertisement in a newspaper of general circulation in the county where the property is located.

4.17.2.f. "Personal contact" means, at least seven (7) business days prior to the scheduled-clearing or maintenance, an attempt will be made to contact the property owner or tenant by telephone or in person. Should the attempt be unsuccessful, a door hanger or similar type of written notice will be left at the residence which contains the information detailed in Rule 4.17.3. A second personal contact attempt will be made prior to the start of work. Should contact made be with a tenant, the utility shall either actually contact the owner before beginning work or publish the notice regarding the property as discussed in Rule 4.17.2.e.1.

4.17.3. Notice in case of written permission -- If an employee, agent or contractor of a public utility has written permission to perform right-of-way clearing or maintenance, the employee, agent or contractor shall provide the landowner with reasonable notice which shall include:

4.17.3.a. A description of the area(s) in which the right-of-way clearing or maintenance is performed;

4.17.3.b. An approximate schedule of work;

4.17.3.c. A description of the type(s) of work to be performed, including but not limited to tree trimming, tree removal, brush cutting, herbicide application, growth regulation, slash disposition;

4.17.3.d. A general description of clearances required or rights-of-way widths to be maintained; and

4.17.3.e. The name and telephone number of a contact person at the utility.

4.18. Registry of electric customers on life support, notification prior to scheduled outages, and priority of service restoration.

4.18.1. Each utility shall establish and maintain a registry of persons within their service areas that are dependent upon life support systems which require electric service to function.

4.18.2. The registry will be updated by the utility at least every six months.

4.18.3. Each utility shall inform all new customers of the registry and its purpose.

4.18.4. Each utility will provide a reasonable notice of planned power outages to each affected residence or customer on the registry.

4.18.5. To the extent practical given the scope and nature of a power outage, each utility shall organize service restoration to give priority to customers listed on the registry.

4.18.6. For purposes of this rule, the term "life support system" means a kidney dialysis machine, mechanical ventilation device or other medical device, the use of which is prescribed by a licensed physician and upon the request of the patient, is certified by the physician in writing to the electric utility as necessary to sustain critical body functions and without which a person is in imminent risk of death.

W. Va. Code R. § 150-3-5 Engineering Requirements

5.1. Standard practice.

5.1.1. National Electrical Code -- Insofar as the National Electrical Code, as approved by American National Standards Institute, defines and establishes Standard Practice, it is the purpose of the Commission to be guided by the current edition of that “Code”, except those changes that may be noted in the current Rules of this Commission from time to time.

5.1.2. National Electrical Safety Code -- For practice not covered by the National Electrical Code the Commission will take as a guide the current edition of the National Electrical Safety Code, American National Standards Institute Publication (ANSI-C2), issued by the Institute of Electrical and Electronic Engineers.

5.1.3. Institute of Electrical and Electronic Engineers’ Guide for Electric Power Distribution Reliability Indices (“IEEE 1366”) -- Insofar as the most recently published, current IEEE 1366 defines and establishes reliability guidelines, the Commission will be guided by the current edition of the IEEE 1366, except for those changes that may be noted in the current rules of this Commission from time to time.

5.1.4. Utility plant -- The entire plant of any electric utility shall be constructed, installed, operated, and maintained in accordance with accepted standard practice as defined in this rule, especially the following:

5.1.4.a. Buildings and other structural facilities.

5.1.4.b. The generating plant equipment.

5.1.4.c. Transmission lines and equipment.

5.1.4.d. Substations.

5.1.4.e. Distribution lines and equipment.

5.1.4.f. Overhead system, poles, lines, transformers and associated equipment.

5.1.4.g. Underground system, manholes, conduit, and cables.

5.1.4.h. Street lighting system.

5.1.4.i. Service wires and attachments.

5.1.4.j. Meters and instruments.

5.2. Adequacy of facilities.

5.2.1. Generating -- The electrical generating capacity of any utility's plant, including that of any equipment reserved for emergency use, peak load or other requirement, supplemented by electric power regularly available from outside sources by transmission line connections must be sufficiently large to meet all normal, as well as reasonable emergency demands, for service occurring during any or all hours of the day during which the plant is normally in operation.

5.2.2. Distribution -- The transmission system shall be so designed, constructed, maintained and operated as to enable each electric utility to supply its customers at a standard or nominal voltage within the variation limits prescribed in Rule 7.2.

5.3. Interstate operation.

5.3.1. Export -- Where an electric utility transmits energy out of the State, the Company shall accurately meter and record the flow of such energy.

5.3.2. Import -- Where electric energy is imported into the State by a utility a record shall be maintained of that energy taken either from billing records or its own meters.

5.3.3. Exception -- Where small distribution lines cross State boundaries the interstate energy may be estimated, based upon adjusted customer meter readings.

5.4. Pole identification.

5.4.1. General -- Each utility owning poles, posts, or other structures supporting wires shall, except as provided in Rule 5.4.4, mark every structure with:

5.4.1.a. The initials or abbreviation of its name, corporate symbol or other distinguishing mark by which the owner of every such structure may be readily determined.

5.4.1.b. In case of lines operated at voltage above 15,000 volts, the number by which the location of each structure may be described.

5.4.1.c. The requirements herein shall apply to all existing structures and those hereafter erected and to all changes in ownership.

5.4.2. Methods -- Such marks shall be made with paint, stamps, brands, plates or other satisfactory method as the utility may elect to use, and characters of the mark shall be of such size and so spaced and hereafter maintained as to be easily read from the surface of the ground at a distance of six feet from the structure.

5.4.3. Joint use -- In case two or more utilities jointly own or use any such structures, the distinguishing mark of every utility shall be placed thereon.

5.4.4. Private rights-of-way -- In case of structures erected on private rights-of-way, or on public highways, when of a character that the construction may be deemed to be a through line, such marks need be affixed only to structures so located that the identification can be readily observed from the highway; not more than every tenth pole need be so identified.

5.4.5. Filing method -- Each utility shall file with the Commission, in duplicate, a statement showing (i) the initials, abbreviations of name, corporate symbol or distinguishing mark; (ii) the means of marking to be employed; (iii) the method intended to be followed in numbering structures upon through lines.

5.4.6. Pole tags -- Each utility shall in the future mark each such pole, post or other structure used for supporting electrical conductors with "pole tags" or other approved devices which will be used to indicate the location of said pole, post or other structure.

5.5. Extensions of lines.

5.5.1. Urban extensions -- All utilities shall build at their own expense along public streets, alleys, highways or company's rights-of-way, extensions to distribution lines in urban areas upon at least as favorable terms as they make rural extensions.

5.5.2. Rural extensions -- All rural extensions shall be made in accordance with the utility's tariff on file with the Commission or the Commission's latest order governing such extension if no such tariff is on file.

5.6. Service connections.

5.6.1. Meter -- No utility shall make any charge for furnishing or installing a watt hour meter or meters, or other devices necessary to the utility to measure the service furnished to the customer.

5.6.2. Service drop -- In all cases the utility shall pay the entire cost of connecting its distribution line by aerial service drop to the customer's service outlet.

5.6.2.a. When the distance from the utility's distribution line to the customer's service outlet is in excess of 125 feet, or, where the customer's outlet for any reason is inaccessible to the utility, the cost of such special construction as may be found necessary shall be borne by the customer.

5.6.2.b. Nothing contained herein shall be construed so as to prohibit a utility from making at its expense, greater extensions to its facilities than set out herein, should its judgment so dictate, provided like extensions are made to other customers under similar conditions.

5.6.3. Transformers -- In no case shall a utility furnishing alternating current charge the customer for transforming apparatus, unless the charge so made is by mutual agreement to cover special conditions of service, by contract, or to furnish a voltage other than the standard secondary distribution voltage established by the utility.

5.6.4. Underground -- Underground service requirements and regulations shall be established by each utility having such class of service facilities and shall be submitted to the Commission for its approval.

5.6.5. Devices and material -- All devices and material furnished by the utility at its own expense shall remain the property of the utility and may be removed by it at any reasonable time after the discontinuance of service or in case of renewal or replacement.

5.6.6. Exceptions -- Nothing in the foregoing rule shall prevent the utility from making such charges as are prescribed for electric service in its filed tariffs, including those for seasonal or temporary service.

5.7. Lighting.

5.7.1. Incandescent.

5.7.1.a. Each utility supplying electricity for incandescent lighting shall inform its customers, on request, of its standard voltage as defined in Rule 7.1, in the particular community in which they live, so that they may be enabled to purchase the most efficient lamp for their particular conditions.

5.7.2. Gaseous Tube.

5.7.2.a. No customer, after the effective date of these rules, shall connect to the lines of the utility any fluorescent lighting, mercury vapor lamps, neon or zeon signs or other lighting or display facility having similar low power factor, unless such fluorescent mercury vapor lamp, neon, zeon, or other lighting equipment with similar load characteristics, shall have been installed by the customer in connection therewith, and such auxiliaries or other means are designed to correct the power factor of such equipment to not less than ninety percent (90%) lagging, except that where the rate schedule, applicable to the customer's service, contains suitable power factor provisions, this rule shall not apply.

5.7.1.b. This rule shall apply on all future additions made to old installations that were installed prior to the effective date of these rules and to such prior installations in their entirety in the event of rearrangement, relocation, or replacement thereof.

5.8. General Reliability Provisions.

5.8.1. Internal Procedures -- Each utility shall adopt internal procedures to satisfy the reliability requirements contained herein which shall be submitted to the Commission for review.

5.8.2. Reliability Index Targets.

5.8.2.a. Minimum and optimal targets for SAIFI, CAIDI, SAIDI and, if applicable, MAIFI indices shall be established by the utility for its Service Area, and submitted to the Commission for approval. The utility will make the first filing of these reliability targets one-hundred-twenty days following the initial effective date of Rule 5.8.1. The Commission may approve the targets as filed or modify one or more of the targets. Thereafter, a utility may request that these targets be established by the Commission for the utility’s Service Areas. Subsequent changes and/or modifications of these targets shall be filed with the Commission for approval by application of the utility, petition by an interested party, or on the Commission’s own motion. Any utility application to modify targets must be filed on or before May 1 of each year.

5.8.2.b. Minimum targets shall be considered as the lowest performance threshold of adequate service.

5.8.2.c. Optimal targets shall be considered as the fully adequate level of service that the utility should strive to achieve and maintain.

5.8.2.d. Interruptions caused by Major Events are not included in the calculation of Reliability Indices.

5.8.3. Failure to Meet Minimum Targets -- Failure to meet minimum targets shall be considered unacceptable. When a Service Area fails to meet one or more of the established minimum targets, the utility shall include in its annual reliability report to the Commission, a description of the problem patterns and trends, a history of the operation and maintenance activities within the Service Area, and the corrective actions the utility is taking to improve reliability to the Service Area in question.

5.8.4. Additional Reporting -- The Commission may require a report on reliability in a Service Area that meets the minimum reliability target levels under circumstances where the Commission determines that a negative trend has developed, prior corrective actions have not improved reliability as expected, or for other reasons.

W. Va. Code R. § 150-3-6 Inspections and Tests

6.1. Meter testing facilities and equipment.

6.1.1. Meter test shop -- Each utility furnishing electric service shall provide such laboratory, meter testing shop, instruments and equipment as may be necessary to determine the accuracy of its customers' meters, as required by these rules. A utility desiring to have tests made by another utility or agency may, upon application to the Commission, be relieved of the requirement to own and operate testing equipment, upon condition that the proposed arrangements for tests meet with the Commission's approval.

6.1.2. Measurement standards -- All meter measurements standards shall be calibrated in accordance with national measurement standards traceable to the Bureau of Standards, and all standards owned by the utility for meter measurement purposes shall be recalibrated to such national standards not less frequently than annually.

6.2. Meter test records.

6.2.1. Reporting.

6.2.1.a. All "As Found" and "As Left" (where applicable) tests for accuracy shall be recorded so that the average accuracy can be calculated as specified in Rule 6.4.

6.2.1.b. The test records shall be so kept that they may be readily inspected and checked by the Commission's representative.

6.2.2. Meter records.

6.2.2.a. All meters shall be identified by either a utility assigned number or by the use of the manufacturer's serial number.

6.2.2.b. Suitable records of each meter shall be kept which will show identifying number, location, type and size.

6.2.3. Reports to Commission -- Each utility shall also make monthly or quarterly reports, in accordance with the requirements of the Commission, on Form E.D. No. 2 or such other form as may be prescribed, of meter tests, number of customers and amount of refunds. These reports must be filed not later than thirty (30) days after the expiration of the period covered by the reports.

6.3. Sealing meters -- All meters tested to comply with these rules shall be sealed by the metering technician performing the work. The seal shall be of a type acceptable to the Commission. Those utilities using a compression type lead seal shall have as a sealing tool a device furnished with dyes which shall bear the initial of the utility. Utilities using a snap tin type seal shall have the seal stamped in a similar manner.

6.4. Accuracy requirements for watthour meters -- Meter Testing Requirements specified in the most current edition of the American National Standard for Electricity Meters (ANSI C12.1) shall apply unless noted.

6.4.1. Installation accuracy.

6.4.1.a. New meter devices shall be 100% tested by either the utility or the manufacturer. If the new metering devices are 100% tested by the manufacturer, then the utility shall sample test those devices in accordance with the ANSI/ASOC Z1.9 (Mil Std 414) Standard.

6.4.1.b. All meters being returned to service, once removed from service, should be tested before being returned to service, unless

6.4.1.b.1. a meter is being transferred from a temporary service to a permanent service at the same premises, or

6.4.1.b.2. the meter is the manufacturer’s latest single-phase model- or series-type and,

6.4.1.b.2.A. the meter is not damaged or in need of repair and,

6.4.1.b.2.B. the register can easily be read through the cover and,

6.4.1.b.2.C. the meter’s seal is intact and no evidence of tampering is present.

6.4.1.c. All tests provided for in this rule shall be made at the place of permanent location of the meter on the customer's premises or in a mobile testing unit or in a suitable meter testing site, including the utility’s meter testing shop.

6.4.1.d. No final tests or checking of any customer's watthour meter, or other device employed to measure in any way the service furnished to a utility's customer, shall be made by other than an employee or agent of the utility who has been qualified by the utility, and certified by the Commission to do such work or a meter manufacturer.

6.4.1.e. The custom sometimes followed in the past of putting a meter in service without adjusting it, if it is found to be less than two percent (2%) in error, is not satisfactory. It is required that meters be adjusted to the highest degree of accuracy commercially practicable before installation. A tolerance of one percent (1%) fast or slow is sufficient for any utility which carefully supervises its meter shop. With such tolerance, meters will start in service as nearly correct as it is practicable to have them. It is possible to set all but a very few old type meters within one-half percent (½%) of one hundred percent (100%) percent accuracy, and these older styles can be set within one percent (1%) of one hundred percent (100%) accuracy. It shall be understood that the allowance of this variation from one hundred percent (100%) accuracy does not mean that the meter be set in error by this amount; the tolerance allows only for the unavoidable irregularity of the work on a commercial scale, and the average of the errors should be practically zero, substantially as many being slightly slow as are slightly fast. Polyphase meters shall be so adjusted at full rated test current and fifty percent (50%) lagging power factor within a tolerance of two percent (2%) fast or slow when tests are made in laboratory.

6.4.2. Load definition -- Light load shall be approximately five (5) to ten (10%) percent of rated test current. Heavy load shall be not less than sixty-five percent (65%) nor more than one hundred ten percent (110%) of rated test current. When, however, operating conditions are such that the greater portion of the consumption is recorded at a point possible of determination, the test for heavy load should be at that load level.

6.4.3. Meter test loads.

6.4.3.a. Meters, upon customer's complaint or request, should be tested at two (2) points, namely, light load or approximately ten percent (10%) of rated test current, and at heavy load or from sixty-five percent (65%) to one hundred ten percent (110%) of the rated test current of the meter.

6.4.3.b. The final average accuracy of tests shall be determined as equal to the weighted average of the percentage registration at light load (LL) and at full load (FL), giving the full load registration a weight of four. Thus, average (or weighted) percentage accuracy = (4FL + 1LL) ÷ 5.

6.4.3.c. For meters tested by a manual test method, at least two (2) tests shall be made at each load, but should they fail to agree within one percent (1%), additional tests shall be made until consistent results are obtained which do not vary one from another by more than one percent (1%).

6.4.3.d. A watthour meter shall be considered as creeping when, with potential coils energized, but with the load side disconnected, the disc makes one complete revolution in five (5) minutes or less.

6.4.4. Test - how made.

6.4.4.a. All tests to determine the accuracy of registration of any watthour meter shall be made with a suitable portable watthour meter standard or with other proper instruments.

6.4.4.b. The recommended method of testing service type meters is by the use of a suitable portable watthour meter standard. In making such tests the following general method is recommended.

6.4.4.c. The number of disc revolutions used to determine the accuracy of a watthour meter in service shall depend on the test point being determined. In order to eliminate the personal errors inherent in the manual starting and stopping of the reference meter or observing indicating instruments, the time shall not be less than that required to make ten (10) revolutions at the full load point of the moving element of the meter being tested. When suitable devices are employed to automatically start and stop the reference meters in such a manner as to eliminate personal errors, the above number of revolutions may be reduced.

6.4.4.d. Attention is here drawn to the method of determining the error in registration of past consumption as set out in Rule 4.4. That is, the error is, the registration of past consumption divided by the percent accuracy and not registration multiplied by the percent error.

6.5. Accuracy requirement for demand meters -- Demand meters must be adjusted to meet the following accuracy requirements on installation and after periodic or any other test.

6.5.1. Curve drawing instruments -- Electrical element error shall not exceed two percent (2%) of full scale deflection and timing element (rate) shall be 0.25 percent (.25%).

6.5.2. Integrated-demand meters -- Electrical element shall be the tolerance specified in Rule 6.4, watthour meters. Where the timing element serves only to measure the demand interval, it should be adjusted if its rate is more than plus or minus two percent (2%) in error. Where the timing element serves also to keep a record of the time of day at which the demand occurs, it should be adjusted if its average rate is more than plus or minus 0.25 percent (.25%) in error.

6.5.3. Lagged-demand meters -- Electromagnetic type meters shall meet two percent (2%) of full-scale deflection. Thermal type meters shall meet four percent (4%) of full-scale deflection.

6.6. Periodic test.

6.6.1. Watthour meters -- All watthour meters installed by the utility for the determination of customer's use of electrical energy shall be tested to insure continued reliability and commercial accuracy of the entire meter system in a manner acceptable to the Commission. Two methods designated A and B are recognized by the Commission for the purpose of scheduling watthour meters for periodic testing. See ANSI C12.1-1995, Appendix D, or the most current edition of the applicable ANSI standard.

6.6.1.a. Method A -- A sampling procedure acceptable to the Commission may be used in the selection of single phase meters for test each year and other types of meters may be sampled in lieu of periodic testing after the utility submits a sampling plan for non-single phase meters and approval is granted. The meters in a statistical sampling plan based on ANSI/ASOC Z1.9 (MIL std 414) shall be grouped into homogeneous lots, such as by manufacturer and type. Each lot shall contain meters manufactured within a consecutive time period and such lots are subject to review and approval as part of the submitted sampling procedure.

6.6.1.b. Method B -- The electric utility may test its watthour meters according to ANSI C12.1-1995, Appendix D, or the most current edition of the applicable ANSI standard.

6.6.2. Demand meters. -- Periodic tests should be made with sufficient frequency to insure continued reliability and commercial accuracy of the demand meter as a whole. The proper periodic test interval will depend upon the inherent reliability of the associated watthour meter.

6.6.2.a. Class 1. Curve drawing meters, except thermal: one (1) year.

6.6.2.b. Class 2. Thermal type meters, both curve drawing and indicating: same as schedule for associated watthour meters.

6.6.2.c. Class 3. Integrated demand meters, and lagged demand meters: same as schedule for associated watthour meters.

6.6.3. Meters with instrument transformers -- Where instrument transformers are used, the rated capacity of the meter is considered to be that of the complete metering installation and is determined by taking into consideration the ratio of the instrument transformers.

6.7. Complaint test.

6.7.1. Procedure -- Upon formal written application to the Public Service Commission by a customer, a test supervised by a qualified representative of the Commission, shall be made upon the customer's meter. The utility owning the meter shall be notified that such a test is to be made and shall have a representative present to perform the test at the direction of the Commission's engineer. A report giving the results of the test shall be made to the customer and the company and a complete record of the test shall be kept by the Commission. A representative of the customer may be present when the complaint test is made.

6.7.2. If a customer requests that a complaint test be made more frequently than once every twenty-four (24) months, and if the meter shall be found to register incorrectly to the customer's prejudice not more than two percent (2%) fast, the customer shall pay the utility the cost of making such test, in accordance with the utility’s Commission-approved tariff.

6.8. Request test -- Each utility furnishing metered electric service shall, without charge, make a test of the accuracy of any electric meter upon request of the customer, provided the customer does not request such tests more frequently than once in twenty-four (24) months. If a customer requests a meter tested more frequently than once in twenty-four (24) months and if such meter shall be found to register not more than two (2%) percent fast, the customer shall pay to the utility the cost of making such test. A report giving the result of each test shall be made to the customer and the complete original record shall be kept on file in the office of the utility for at least five (5) years. The customer or his representative may be present when this test is run.

6.9. Meter testing employees.

6.9.1. General requirement -- Each utility shall have in its employ, or shall have access to, one or more competent employees whose duty it shall be to perform such tests, or to supervise such tests, as may be necessary to determine the accuracy of the utility's meters.

6.9.2. Qualification -- A utility desiring to certify an employee to test meters, or to supervise such tests, must secure a qualification card from the Commission; have same executed by the applicant and returned to the Commission; together with a certification by a responsible representative of the utility as to the facts contained on the card. The Commission will thereupon issue a card to the employee, if the applicant's qualifications are satisfactory, stating that the qualification card has been received and filed, and that the employee is authorized to test meters, or to supervise the testing of meters, of the type shown on the card.

6.9.3. Experience requirement -- No employee of the utility shall perform unsupervised testing and repairing of meters or supervise such tests and repairs, unless he/she has had at least six (6) months experience in an electric meter shop, or equivalent experience, part of which time must have been spent working on the type meter for which authority to test, or to supervise such tests, has been requested. All tests must be made or supervised by an authorized employee.

6.10. Direct current meter installation -- Every direct current commutator type watthour meter shall be checked within thirty (30) days after installation, but not before seven (7) days, for correct connections, mechanical condition, proper and suitable location, absence of creep, and accuracy of adjustment at light and heavy load.

W. Va. Code R. § 150-3-7 Standards of Quality of Service

7.1. Standard voltage -- Each utility shall adopt a standard nominal voltage or standard nominal voltages, as may be required by the design of its distribution system for its entire constant voltage service, or for each of the several districts into which the systems may be divided, which standard voltages shall be filed with the Commission.

7.2. Voltage regulation.

7.2.1. Residential or lighting -- The voltage level at the customer's service entrance equipment for a residential customer or a customer using service primarily for lighting shall be maintained between 112 volts and 127 volts on a 120 volt base.

7.2.2. Power.

7.2.2.a. For service rendered under a power contract or primarily for power purposes the voltage variation shall not exceed ten percent (10%) above or ten percent (10%) below standard voltage at any time the service is regularly furnished.

7.2.2.b. Service under a power contract means service furnished principally for industrial purposes. Where a limited amount of lighting (twenty percent (20%)) or less by connected load) is permitted to be connected under these contracts, the entire load shall be considered power as far as voltage variation is concerned.

7.2.3. Measurement point.

7.2.3.a. The point where voltage measurements are to be made shall be at the customer's service entrance equipment or at the lamps in the case of multiple street lighting.

7.2.3.b. The utility will be responsible for the voltage delivered at this point if the utility furnishes the service entrance conductors, carries them in its fixed capital account or accepts the responsibility of ownership.

7.2.3.c. If the customer furnishes and maintains the service entrance conductors, proper allowance may be made on any voltage tests if the conductors are not of reasonable size.

7.2.4. Combined light and power -- By contracts contemplating an appreciable consumption or demand for lighting purposes is meant such service as street lighting, residential, commercial lighting, and combined lighting and power. If service is furnished at primary voltage to an ultimate customer under a combined lighting and power contract it is expected that the utility will limit the voltage fluctuation to give proper secondary voltage within the limits prescribed, assuming proper equipment is supplied by the customer.

7.2.5. Voltage variation -- The variation in voltage allowed in all parts of the rule except Rule 7.2.6. means the gradual change in voltage as a result of normal changes in load.

7.2.6. Flicker -- Flicker is frequent and sudden changes in voltage occurring in one (1) second or less and exceeding three percent (3%) of the standard voltage. While occasional voltage fluctuations in excess of that listed above must be expected in the normal operation of a system, continuous flicker will be construed as below standard service, unless such variations are caused by the customer's own equipment.

7.2.7. Emergency service -- A greater variation in voltage than specified in this rule will be allowed for emergency service, but standby service must comply with the rules unless covered by a special contract.

7.3. Voltage surveys.

7.3.1. Instruments -- Each utility shall provide itself with one (1) or more portable indicating voltmeters, and every utility serving more than seven hundred fifty (750) customers shall have available one or more recording (curve-drawing) voltmeters of type and capacity suited to the voltage supplied.

7.3.2. Every utility shall make a sufficient number of voltage surveys to indicate the service furnished from each center of distribution, and to satisfy the Commission of its compliance with the voltage requirements, and those having curve-drawing voltmeters shall keep at least one (1) of those instruments in continuous service at some representative point on its system. This last requirement will be considered to be satisfied in the case of utilities purchasing all of their power requirements if a recording voltmeter is continuously in service at the nearest attended substation of the supplier of the energy. All records shall be available for inspection by the utility's customers, and the Commission or its representative, for a period of at least one (1) year.

7.3.3. Each recording voltmeter shall be checked with an indicating voltmeter when it is placed in operation or when it is removed.

7.3.4. Notations shall be made on each chart to indicate when registration began (time and date) and when the chart was removed, as well as to indicate the point where the chart was checked with the indicating voltmeter.

7.4. Standard frequency -- Each utility supplying alternating current in its distribution system or systems shall use a standard frequency of sixty (60) hertz. This frequency shall be maintained within a band limited by a variation of two percent (2%) below and two percent (2%) above the standard. Should a utility desire to use any frequency other than the "Standard" listed, it may appeal to the Commission for permission to use the frequency desired upon its own distribution system.

7.5. Inductive coordination.

7.5.1. All supply and signal circuits with their associated apparatus should be constructed, operated and maintained in conformity with generally accepted coordinated methods with due regard to prevention of interference with the rendering of either service by adequately limiting in the most convenient and economical manner those characteristics of supply circuits which determine the character and intensity of the inductive field, or those characteristics of signal circuits which determine the extent to which the service they are designed to render is affected by a given inductive field, or both.

7.5.2. Where such coordinated methods are insufficient in any specific case, special adequate coordinated measures determined by cooperative consideration should be applied to the circuits of either or both kinds, to most conveniently and economically prevent the interference.

7.5.3. To facilitate coordination, each party, in advance of any construction or change in the construction or operating conditions of its facilities, should consult with other parties between whose facilities and its own, coordinated measures may be necessary.

7.6. Constant current circuits.

7.6.1. Current variation.

7.6.1.a. Constant current circuits supplying street lights shall be so operated that variation in current does not exceed three percent (3%) above nor three percent (3%) below a standard.

7.6.1.b. The allowable variation in this rule does not imply that street lighting circuits may be set below or above the circuit rating and maintained at this figure.

7.6.2. Service interruptions -- Variations in current in excess of those specified arising from service interruptions caused by the action of the elements and infrequent and unavoidable fluctuations of short duration due to station operation will not be considered a violation of this rule.

W. Va. Code R. § 150-3-8 Safety Requirements

8.1. Accidents.

8.1.1. Records -- Each utility shall keep a record of every accident happening in connection with the operation of its plant, station, property, and equipment, whereby any person shall have been killed, or seriously injured, or any substantial amount of property damaged or destroyed, with a full statement of the cause of such accident, and the precautions taken to prevent similar accidents in the future.

8.1.2. Electric shock -- Each utility shall instruct those of its employees engaged in electrical work in the practice and use of accepted rules and proper procedure for resuscitation from electric shock.

8.2. Grounding of low potential circuits and apparatus.

8.2.1. The rules contained in the current edition of the National Electrical Code regarding grounding of low potential circuits shall be followed for all new construction.

8.2.2. Every utility shall change all its existing alternating current low potential distribution systems to conform to said rules, when any normal rebuilding, revamping, or repairing is done.

8.3. Sealing of main cabinets or circuit breakers.

8.3.1. General -- In the interest of safety to the customer and as a measure of protection to the property of the utility, the Commission will allow “main service” cabinets or cabinets enclosing “main service switch” and “main circuit breakers” to be sealed; provided, such cabinet is externally operated, that service wires are properly enclosed and served from a grounded system, and that fuse or circuit breaker other than that protecting the customer’s mains are not made inaccessible to the customer; provided, that the “utility’s Customers’ Service Department” shall be so organized and directed that its customers may be assured prompt restoration of service when interrupted through failure of the main fuse or opening of the circuit breaker.

8.3.2. Application required.

8.3.2.a. A utility desiring to seal main service cabinets shall make application to the Commission for permission to institute such practice.

8.3.2.b. On receipt of such application and notification, in writing, the Commission will make proper investigation, and if based on the report made to it by its inspector, the Commission deems it proper that cabinets be sealed, authority will be granted to the utility to pursue such practice, but the Commission specifically reserves the right at any time to withdraw such authority for proper cause shown.

8.3.2.c. A utility which does not maintain a “Customers’ Service Department” may seal main fuse and switch cabinets of the safety type, when such cabinets are so designed that the customer has access to all fuses.

8.4. Overhead and underground wire entrances.

8.4.1. Utility rules and regulations -- Each utility may establish rules and regulations governing the service entrance wiring and equipment to be installed on customer’s premises; such rules and regulations shall be effective when they have been filed with and accepted by the Public Service Commission. In the absence of special rules and regulations filed by a utility, such utility shall require compliance with the following general provisions:

8.4.2. General location -- The overhead wire entrance must be located on the exterior of the building nearest the utility’s lines at a point not less than ten (10) no more than thirty (30) feet above the ground, unless a greater height is necessary to obtain proper clearance. When proper ground clearance cannot be obtained, due to height of building, a proper supporting structure shall be provided.

8.4.2.a. For all new service entrances, the utility shall be consulted and its approval of the location of the service entrance secured.

8.4.2.b. The service entrance conductors and the service drop wires shall be attached to buildings so as to provide all clearances as recommended in the National Electrical Code and the National Electrical Safety Code.

8.4.3. New service entrances -- In the interest of safety to the customer and in conformity with approved modern practice, all new service entrances for light and power shall be installed in the manner prescribed by the National Electrical Code.

8.4.4. Metal service cabinet -- The inner end of the service entrance shall terminate in an approved metallic service cabinet, enclosing the service entrance equipment. The metal service cabinet shall be grounded and shall be of such construction as to indicate plainly whether service disconnecting means is open or closed and allow the operation of the disconnecting means without exposing any current carrying parts. If more than one main service equipment cabinet is connected to a single service entrance outlet each such cabinet shall be of the type heretofore specified and shall be grounded as heretofore specified.

8.4.5. Service to more than one building -- No overhead service shall supply more than one building unless the conductors are installed in such a manner as to introduce no electrical, mechanical or fire hazard, as prescribed by the National Electrical Code.

8.4.6. Service wires -- Service drop conductors shall be installed in accordance with the National Electrical Code and the National Electrical Safety Code.

8.4.7. Conductor identification -- All wiring installations shall have the conductors identified in accordance with the requirements of the National Electrical Code.

8.4.8. Underground service -- Underground service shall be installed, generally in the same manner prescribed for overhead services, and shall comply with all National Electrical Code requirements and the requirements of the utility.

8.5. Pole inspection -- Each pole, tower or other structure used for the support, or attachment of electrical conductors, guys or lamps must be inspected by the utility owning or using it with reasonable frequency, as determined by accepted good practice, in order to determine the necessity for replacement or repair.

8.6. Marking electric transmission lines affecting navigable airspace above the Ohio River.

8.6.1. Every electric transmission line crossing above the Ohio River shall be marked as recommended by the Federal Aviation Administration (FAA) pursuant to the guidelines established in FAA Advisory Circular 70/7460-1G. Any entity maintaining or installing electric lines crossing the Ohio River of the type specified in 14 CFR 77.13 shall notify the FAA of any such line in the form and manner proscribed in 14 CFR 77.17 unless such entity has been notified that the line in question need not be marked pursuant to the exception in FAA Advisory Circular 70/7460-1G entitled “Obstruction Marking and Lighting,” exempting certain lines from marking requirements.

8.6.2. Any electric transmission line crossing above the Ohio River which heretofore has been struck by airborne traffic or is so struck in the future must be marked in the manner referenced in FAA Advisory Circular regardless of any FAA determination that marking is not necessary.

W. Va. Code R. § 150-3-9 Transmission Line Construction

9.1. General.

9.1.1. Any public utility desiring to construct a high voltage transmission line of 200,000 volts or higher shall first obtain a certificate of public convenience and necessity from the Commission as is required by Chapter 24, Article 2, Section 11(a), Code of West Virginia (Chapter 112, Acts Regular Session, 1973). The application for such certificate of public convenience and necessity shall contain all information required by law.

9.2. Required information.

9.2.1. In addition to containing the information required by Rule 9.1., above, the following information shall be filed with or contained in the application:

9.2.1.a. A map or plat showing in detail the proposed location of the line, including location of incorporated communities; public or private recreational areas, parks, forests, hunting or fishing areas, or similar facilities; historic scenic areas or places; rivers, lakes, streams, reservoirs and similar bodies of water, located within five (5) miles of either side of the center line of the proposed right-of-way.

9.2.1.b. The type of line to be constructed, including the height of the line and number and type of poles or towers to be placed thereon; the number of wires to be used; the proposed voltage to be carried along said line; all safety features to be used in connection therewith.

9.2.1.c. A description of the width of the proposed right-of-way; the degree of slope in excess of twenty (20) degrees; the type of method proposed to be used to clear said right-of-way together with a statement of what, if any, disturbance or displacement will be made of the earth along said right-of-way, and of trees, crops, and other growing things thereon, as well as the disposition to be made of any such material or thing so disturbed or removed, and what will be done to upgrade, seed or otherwise restore the area which may be disturbed or displaced, to control erosion and also siltation of streams.

9.2.1.d. A statement of the method to be used to keep said right-of-way clean and free of brush and trees, and if chemical spray or other chemical means are used for such control, the chemical contents thereof, evidence that the same will not be injurious to animals, humans, or vegetation beyond said right-of-way.

9.2.1.e. A statement showing, insofar as is possible and applicable, the habitat and type of wildlife, both land and aquatic, which may be in the right-of-way or adjoining thereto, and any known effect said line may have upon the same, including feeding and breeding habits.

9.2.1.f. A statement showing what, if any, known effect upon human and domestic animal life located along said right-of-way will result from the construction thereof.

9.2.1.g. A statement as to whether alternate routes for said right-of-way have been investigated, if the applicant has made preliminary or detailed investigations of all alternate locations for said high voltage transmission line, the applicant shall file sufficient information with regard to these alternate investigations. The information filed should clearly show the justifications for selecting the proposed route over the alternate routes studied.

9.2.1.h. A statement of any other pertinent facts showing what, if any environmental impact said proposed line will have upon the area on and adjacent to said proposed line.

W. Va. Code R. § 150-3-10 Promotional Practices

10.1. Declaration of public policy.

10.1.1. In the public interest and pursuant to the powers vested in it, the Commission declares that any utility in designing and implementing any promotional practice or practices shall consider what impact, if any, such promotional practice or practices will have upon the conservation of energy, and efficient use of utility plant and the utility shall not implement any practice or practices which shall have an adverse effect upon conservation, or which cannot be justified from a ratepayer benefit/utility cost standpoint.

10.2. Prohibited promotional practices -- A public utility or its affiliate shall not, without first obtaining the approval of the Commission, engage, directly or indirectly, in any of the following promotional practices:

10.2.1. The financing of land or the construction of any building when the same is not owned or otherwise possessed by the utility or its affiliate;

10.2.2. The furnishing of consideration to any person for work done or to be done on property not owned or otherwise possessed by the utility or its affiliate; except for studies to determine comparative capital or operating costs and expenses or to show the desirability or feasibility of selecting one form of energy over another;

10.2.3. The acquisition from any person of any tangible or intangible property or service for a consideration in excess of the value thereof, or the furnishing to any person of any tangible or intangible property or service for a consideration of less than the value thereof;

10.2.4. The furnishing of consideration to any person for the sale, installation or use of appliances or equipment;

10.2.5. Other than the normal service extensions, the provision of free, or at less than cost or value, wiring, appliances or equipment to any person; provided that a utility, engaged in an appliance merchandising sales program, shall not be precluded from conducting legitimate closeouts of appliances, clearance sales, or sales of damaged or returned appliances;

10.2.6. The provision of free, or at less than cost or value, installation, operation, repair, modification or maintenance of appliances, equipment, or wiring for any person;

10.2.7. The granting of a trade-in allowance on the purchase of any appliance or equipment in excess of the value of the trade-in; or the granting of a trade-in allowance for such appliance or equipment when such allowance varies by the type of energy consumed in the trade-in;

10.2.8. The financing of the acquisition of any appliance or equipment at a rate of interest or on terms significantly more favorable than those generally applicable to sales by non-utility dealers in such appliances or equipment;

10.2.9. The furnishing of consideration to any person for any advertising or publicity purpose of such person; except for payments not exceeding one-half (1/2) of the reasonable cost or value for joint advertising or publicity with a dealer in appliances or equipment for the sale or other provision of same;

10.2.10. The guaranteeing of the maximum cost of electric service;

10.2.11. The furnishing of underground electric distribution and service facilities to any area or customer under terms and conditions different from those applicable to any other area or customer receiving the particular class of service involved.

10.3. Notwithstanding any provision in Rule 10.2., a utility may:

10.3.1. Engage in a program which offers discounts or financing to employees of the utility for purchase of appliances. However the plan must only be available to employees, retirees and their spouses. The plan must not require the employee to take energy from the utility. The plan must be a reasonable employee benefit. The plan must be approved by the utility’s management or be in a valid union contract. The plan must be filed with the Commission in accordance with these rules.

10.3.2. Provide repairs and service to appliances or equipment of customers of a public utility in an emergency or to restore service or to prevent hazardous conditions or service interruptions.

10.4. No direct or indirect expenditures may be included in a utility’s cost of service for ratemaking purposes for political advertising. Any expenditures for political advertising are expressly disallowed for ratemaking purposes. For the purposes of Rule 10.4., “political advertising” means any advertising or related activity for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance.

10.5. Filing of present promotional practices.

10.5.1. Each public utility shall file with the Commission, on or before January 1, 1997, a schedule setting forth each of the promotional practices being engaged in by the utility or its subsidiaries which operate in West Virginia as of that date.

10.5.2. The practices shall become effective thirty days after filing, subject to a suspension or prohibitory order of the Commission on its own motion or upon motion or complaint of an aggrieved person.

10.5.3. The schedule shall set forth:

10.5.3.a. The name, number, or letter designation of each promotional practice;

10.5.3.b. The class of persons to which the promotional practice is being offered or granted;

10.5.3.c. Whether the promotional practice is being uniformly offered or granted to the persons within the class;

10.5.3.d. A description of the promotional practice which includes a statement of the terms and conditions governing it;

10.5.3.e. A description of the advertising or publicity employed with respect to the promotional practice;

10.5.3.f. If the promotional practice is offered or granted in whole or in part, by an affiliate or other person, the identity of the affiliate or person and the nature of that party’s participation; and

10.5.3.g. Other information relevant to a complete understanding of the promotional practice.

10.5.4. A utility or its affiliate may not continue to engage in any promotional practice after January 1, 1997 unless a schedule regarding promotional practices has been filed with the Commission.

10.6. Filing of proposed practices.

10.6.1. A public utility or its subsidiaries operating in West Virginia may not offer or grant any additional promotional practice or vary any existing promotional practice, directly or indirectly, or in concert with others, or by any means whatsoever, until a schedule showing the addition or variation, in the form prescribed in Rule 10.5.3. above has been on file with the Commission for a period of at least 30 days.

10.6.2. The Commission may issue an order approving a new promotional practice to become effective before the expiration of the 30-day period.

10.6.3. If a new promotional practice is not suspended or prohibited by order of the Commission during the 30-day period, the utility may engage in the practice subject to a suspension or prohibitory order of the Commission on its own motion or on the complaint of an aggrieved person.

10.6.4. Notwithstanding any of the provisions of this rule, the Commission may authorize an otherwise prohibited promotional practice if the Commission finds that the promotional practice is in the public interest.

10.6.5. A public utility or its subsidiary operating in West Virginia requesting authorization under Rule 10.6.4. shall provide information or data to show that:

10.6.5.a. The promotional practice will result in the conservation of energy;

10.6.5.b. The promotional practice is needed in order to foster conservation; and

10.6.5.c. The direct and indirect costs associated with the promotional practice are reasonable, are not unduly burdensome to the applicant’s ratepayers, and are not likely to impact detrimentally on the overall energy costs to consumers in its service territory.

10.6.6. A public utility’s or its subsidiary operating in West Virginia proposed promotional practice filing under Rule 10.6.4. shall include:

10.6.6.a. A complete description of the proposed promotional practice;

10.6.6.b. An analysis of the costs associated with the practice; and

10.6.6.c. An analysis of the conservation effect of the practice.

10.7. Annual Report.

10.7.1. Each public utility shall file with the Commission, concurrently with the annual report required by law, a report of the promotional practices offered or granted by the public utility and its subsidiaries operating in West Virginia during the period covered by the annual report. The report shall show in reasonable detail the amounts expended with respect to each promotional practice offered or granted.

10.8. Prohibition of discrimination for promotional practices.

10.8.1. A public utility or its subsidiary operating in West Virginia may not, directly or indirectly, in any manner or by any device whatsoever, offer or grant to a person any form of promotional practice except such as is uniformly and contemporaneously extended to all persons in the same reasonably defined class.

10.8.2. A public utility or its subsidiary operating in West Virginia may not, in granting a promotional practice, make any undue preference or advantage to a person or subject a person to any undue prejudice or disadvantage.

10.8.3. A public utility or its subsidiary operating in West Virginia may not establish or maintain any unreasonable difference in offering or granting promotional practices either as between localities or as between classes to whom promotional practices are offered or granted.

10.8.4. A public utility or its subsidiary operating in West Virginia may not classify the persons to whom its promotional practices are offered or granted except to the extent permitted by the law of this State.

10.8.5. Notwithstanding the other provisions of Rule 10.8., a public utility or its subsidiary operating in West Virginia may offer an experimental program of limited duration which may not be extended to all customers of the class or to all areas of the service territory. The purpose of the temporary program must be limited to gathering data to determine if the plan should be extended to be offered in a non-discriminatory manner to all relevant customers.

W. Va. Code R. § 150-3-11 Consumer Reimbursement Program

11.1. Statement of policy.

11.1.1. The Public Service Commission of West Virginia may award reimbursement for reasonable attorneys’ fees, expert witness fees, and other reasonable costs of participation incurred by an electric consumer intervenor in any proceeding relating to the standards established in Subtitle B of Title I of the Public Utility Regulatory Policies Act of 1978, Public Law No. 95-617, Section 111 through 117 (November 8, 1978), 16 U.S.C.A. §2621 through §2627 (Supp. 1980), hereinafter “PURPA”. Such participation must have substantially contributed to the approval, in whole or in part, of a position advocated by the electric consumer intervenor. The electric consumer intervenor must have also satisfied the requirements established in this rule.

11.1.2. This reimbursement program is established to ensure adequate participation by electric consumers in these PURPA proceedings. Reimbursement will only be available when the State, through any agency, including the Commission, has not provided an alternative means which can ensure that the electric consumer intervenor’s interest is adequately represented. Such alternative means may include, but is not limited to, an office of consumer advocate within the Commission, an office of utility consumer advocacy in the Attorney General’s Office, a legislative office of Public Counsel, or other similar state agency, office or mechanism. The alternative means may be in the form of either reimbursement to the electric consumer intervenor or representation of the electric consumer intervenor’s interest. The adequacy of the alternative means is to be determined by the Commission, giving due consideration to the electric consumer intervenor’s interest and the position represented by the alternative means.

11.2. Preliminary determination of eligibility.

11.2.1. An electric consumer intervenor who wishes to be eligible for reimbursement of the costs of participation in PURPA Title I, Subtitle B proceeding may apply to the Commission for a preliminary determination of eligibility. The application shall be brief and shall:

11.2.1.a. State the consumer interest represented by the electric consumer intervenor, the relevance of the hearings to that interest and the reason representation of that interest is necessary for a fair determination in the proceeding;

11.2.1.b. Outline the general nature of the electric consumer intervenor’s expected participation and the anticipated budget;

11.2.1.c. Contain convincing evidence indicating that, but for an award of fees and costs, participation will be a significant financial hardship to the electric consumer intervenor;

11.2.1.d. Be served upon all affected utilities and other known parties and intervenors to the proceeding; and

11.2.1.e. Set forth the name(s) and address(es) of the electric consumer(s), the name(s) of the utility(ies) from which compensation may ultimately be requested, and the case name and number of the proceeding in which the applicant has intervened or will intervene.

11.2.1.f. The burden of proving significant hardship is placed on the applicant/electric consumer intervenor and will be determined by the Commission in accordance with Rule 11.2.3.a. below.

11.2.2. Affected utilities, parties and other intervenors may file any objections to an application for eligibility within a reasonable time of the filing of the application, in any event, before the Commission enters an order granting or denying the application. The failure of any party to file objections to an eligibility application within the prescribed period precludes such party from raising an objection involving the preliminary eligibility criteria at a later period in the proceedings. The objecting party must state specific reasons for the objection.

11.2.3. The Commission may within a reasonable time:

11.2.3.a. Make an affirmative determination of eligibility if the application shows that the electric consumer intervenor has satisfied its burden of proving significant financial hardship. Significant financial hardship may be established by demonstrating that the electric consumer intervenor does not have sufficient resources available to participate effectively in the proceeding without such an award. The Commission in determining significant financial hardship shall give due consideration to the electric consumer intervenor/applicant’s other financial burdens, including those associated with intervention in other Commission cases. A decision as to whether a significant financial hardship exists shall be within the sole judgment of the Commission; and

11.2.3.b. Condition a preliminary determination of eligibility upon the requirement that electric consumer intervenors with the same or similar interests share a common legal representative and common expert witnesses.

11.3. Award and cost determination procedure.

11.3.1. At the time of the issuance of a final order the Commission shall determine whether to award participation costs to an electric consumer intervenor who has fulfilled the requirements of this rule.

11.3.2. No award shall be made if an alternative means of adequate representation of the electric consumer intervenor’s interests has been provided by the State in such forms including, but not limited to, the Commission’s Staff, the Commission’s Consumer Advocate Division, the Attorney General, a legislative office of Public Counsel or other state agency or office having authority to intervene and represent the interests of electric consumers. Such alternative means of adequate representation must, in the Commission’s judgment:

11.3.2.a. Be available to persons who have or represent an interest which would not otherwise be adequately represented, the representation of which interest is necessary for a fair determination in the proceedings;

11.3.2.b. Be available to persons who are, or represent an interest which is, unable to effectively participate in the proceeding because of an inability to pay for reasonable attorney’s fees, expert witness fees, and other reasonable participation costs; and

11.3.2.c. Satisfy the definition of alternative means of adequate representation set forth in the statement of policy section of this rule.

11.3.3. The determination as to which electric consumer intervenors are entitled to reimbursement shall be made by the Commission after considering the quality of the consumer intervention and the effect of that intervention upon the ultimate decision of the Commission in the proceeding. An award shall be made only if, in the Commission’s judgment, the electric consumer intervenor’s participation in the proceeding substantially contributed to the approval, in whole or in part, of a position advocated by the electric consumer intervenor. The amount of the award shall be commensurate with the contribution made. In determining this amount, the Commission may consider the actual costs of participation to the electric consumer intervenor and the prevailing market rates in West Virginia for the kind and quality of services rendered. Reasonable attorneys’ fees, expert witness fees and other reasonable expenses of participation are compensable. These costs shall be assessed against such utility affected by the proceeding.

11.3.4. In the event that more than one utility is affected, each utility’s share of the assessment shall be determined by multiplying the total award by the ratio of that utility’s total retail Kwh sales in West Virginia to the total retail Kwh sales in West Virginia of all the affected utility companies in the proceedings. The ratio is to be calculated using figures for the most recently completed calendar year.

11.3.5. The electric consumer intervenor shall include a memorandum of costs with the initial brief to be filed after the close of the taking of evidence. The memorandum must set forth with detail the name(s) and address(es) of the electric consumer(s); the name(s) of the utility(ies) from which compensation is being requested; the case name and number of the proceeding in which the applicant has intervened, and the costs for which compensation is claimed.

11.3.5.a. Any party may include an objection to the reasonableness of any fee or cost with the filing of reply briefs. The Commission may, in its final order and after consideration of the memorandum of costs and any objections thereto make an award and, if necessary, allocate the responsibility for payment of that award among the various affected utilities.

11.3.5.b. Any electric consumer intervenor who has not been awarded costs in the Commission’s final order may petition the Commission for reconsideration. The petition must include a memorandum of cost as set forth above. The Commission shall dispose of such petition within a reasonable time by entering an order either granting or denying the petition.

11.4. Payment and accounting treatment.

11.4.1. Payment of costs under this rule shall be made by the affected utility or utilities within thirty (30) days of the date on which a Commission order granting an award issued under Rule 11.2.3.a. If costs are not paid within thirty (30) days of said final order, the electric consumer intervenor may initiate procedures to enforce the order pursuant to W. Va. Code §§24-4-6 or 24-4-7.

11.4.2. All monies paid to electric consumer intervenors by an affected utility under this rule shall be treated as allowable operating expense in the rate case in which the electric consumers intervened, unless the Commission determines that another approach is more appropriate.

W. Va. Code R. § 150-3-12 Cogeneration and Small Power Production

12.1. Definitions.

12.1.1. Terms defined in the Public Utility Regulatory Policies Act of 1978 (PURPA), 16 U.S.C. 2601, et seq., shall have the same meaning for purposes of this Rule 12 as they have under PURPA, unless further defined in this rule.

12.1.1.a. “Qualifying facility” means a cogeneration facility or a small power production facility which satisfies the criteria for qualifying facilities set forth in Subpart B of Part 292 of the rules of the Federal Energy Regulatory Commission, Qualifying Cogeneration and Small Power Production Facilities, 18 C.F.R. §292.201 through §292.207.

12.1.1.b. “Purchase” means the purchase of electric energy or capacity or both from a qualifying facility by an electric utility.

12.1.1.c. “Sale” means the sale of electric energy or capacity or both by an electric utility to a qualifying facility.

12.1.1.d. “System emergency” means a condition on a utility’s system which is likely to result in imminent significant disruption of service to customers or is imminently likely to endanger life or property.

12.1.1.e. “Rate” means any price, rate, charge, or classification made, demanded, observed or received with respect to the sale or purchase of electric energy or capacity, or any rule, regulation, or practice respecting any such rate, charge, or classification, and any contract pertaining to the sale or purchase of electric energy or capacity.

12.1.1.f. “Avoided costs” means the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from the qualifying facility or qualifying facilities, such utility would generate itself or purchase from another source.

12.1.1.g. “Interconnection costs” means the reasonable cost of connection, switching, metering, transmission, distribution, safety provisions and administrative costs incurred by the electric utility directly related to the installation and maintenance of the physical facilities necessary to permit interconnected operations with a qualifying facility, to the extent such costs are in excess of the corresponding costs which the electric utility would have incurred if it had not engaged in interconnected operations, but instead generated an equivalent amount of electric energy itself or purchased an equivalent amount of electric energy or capacity from other sources. Interconnection costs do not include any costs included in the calculation of avoided costs.

12.1.1.h. “Supplementary power” means electric energy or capacity or both supplied by an electric utility, regularly used by a qualifying facility in addition to that which the facility generates itself.

12.1.1.i. “Back-up power” means electric energy or capacity or both supplied by an electric utility to replace energy ordinarily generated by a facility’s own generation equipment during an unscheduled outage of the facility.

12.1.1aj. “Interruptible power” means electric energy or capacity or both supplied by an electric utility subject to interruption by the electric utility under specified conditions.

12.1.1.k. “Maintenance power” means electric energy or capacity or both supplied by an electric utility during scheduled outages by the qualifying facility.

12.1.1.l. “Commission” means Public Service Commission of West Virginia.

12.2. Scope.

12.2.1. Applicability -- The provisions of Rule 12 et seq., apply to the regulation of sales and purchases between qualifying facilities with a design capacity in excess of 100 KW and electric utilities.

12.2.2. Negotiated rates or terms -- Nothing in Rule 12 et seq:

12.2.2.a. Limits the authority of any electric utility or any qualifying facility to agree to a rate for any purchase, or terms or conditions relating to any purchase, which differ from the rate or terms or conditions which would otherwise be required by this rule; or

12.2.2.b. Affects the validity of any contract entered into between a qualifying facility and an electric utility for any purchase.

12.3. Cost data to be supplied by electric utilities.

12.3.1. Each utility required to file data with the Federal Energy Regulatory Commission under 18 C.F.R. 292.302, Availability of Electric Utility System Cost Data, shall file the same data with the Commission in accordance with the time schedules and utility classifications set forth in that section.

12.3.2. Any data submitted by an electric utility under Rule 12.3 shall be subject to Commission review. In any such review, the electric utility has the burden of coming forward with justification for its data.

12.4. Electric utility obligation under Rule 12 et seq.

12.4.1. Obligation to purchase from qualifying facilities -- Each electric utility shall purchase, in accordance with Rule 12.6, any energy and capacity which is made available from a qualifying facility:

12.4.1.a. Directly to the electric utility; or

12.4.1.b. Indirectly to the electric utility in accordance with Rule 12.4.4.

12.4.2. Obligation to sell to qualifying facilities -- Each electric utility shall sell to any qualifying facility, in accordance with Rule 12.7, any energy and capacity requested by the qualifying facility.

12.4.3. Obligation to interconnect.

12.4.3.a. Any electric utility shall make such interconnection with any qualifying facility as may be necessary to accomplish purchases or sales under these rules (Rule 12 et seq.): provided, however, that if, solely by reason of purchases or sales over the interconnection, the electric utility would become subject to regulation as a public utility under Part II of the Federal Power Act, then the electric utility will not be required to interconnect.

12.4.3.b. The obligation to pay for any interconnection costs shall be determined in accordance with Rule 12.8.

12.4.4. Transmission to other electric utilities -- If a qualifying facility agrees, an electric utility which would otherwise be obligated to purchase energy or capacity from such qualifying facility may transmit the energy or capacity to any other electric utility. Any electric utility to which such energy or capacity is transmitted shall purchase such energy or capacity under this paragraph as if the qualifying facility were supplying energy or capacity directly to such electric utility. The rate for purchase by the electric utility to which such energy is transmitted shall be adjusted up or down to reflect line losses and shall not include any charges for transmission.

12.4.5. Parallel operation -- Each qualifying facility shall agree to operate in parallel with the electric utility; provided that the qualifying facility complies with the utility’s reliability and safety standards on file with the Commission.

12.5. Procedure for establishing rates for purchases.

12.5.1. Utilities and qualifying facilities shall negotiate a mutually acceptable rate for purchase of power taking into consideration all relevant factors, including the factors set forth in Rule 12.6.4. Prior to becoming effective, all negotiated contracts between utilities and qualifying facilities shall be filed with the Commission and approved by the Commission. Unless the Commission specifically modifies or disapproves a negotiated contract within thirty (30) days after filing, the contract shall be approved, as filed.

12.5.2. If a utility and a qualifying facility cannot negotiate terms acceptable to both parties, either party, or both, may request an informal conference with the Commission Staff wherein the matters in controversy will be discussed. If after such conference a resolution acceptable to both parties has not been reached, either party, or both, may file a formal complaint with the Commission, pursuant to the Commission’s Rules of Practice and Procedure, 150 C.S.R. 1, setting forth in detail the matters in controversy; the basis for that party’s position, including the necessary data in support thereof; and a history of the negotiations.

12.5.2.a. Prefiled testimony shall be required unless waived by the Commission for good cause shown.

12.5.2.b. The Commission shall make such order as necessary to reasonably resolve the controversy.

12.6. Rates for purchases.

12.6.1. Rates for purchases -- Rates for purchases shall:

12.6.1.a. Be just and reasonable to the electric consumer and in the public interest, and

12.6.1.b. Not discriminate against qualifying cogeneration and small power production facilities: however, nothing in this rule shall require an electric utility to pay more than the avoided costs for purchases, as those costs are defined in Rule 12.1.1.f.

12.6.2. Relationship to avoided costs:

12.6.2.a. For purposes of this paragraph, “new capacity” means any purchase from capacity of a qualifying facility, construction of which was commenced on or after November 9, 1978.

12.6.2.b. Rates for purchases of new capacity shall equal the avoided costs determined after consideration of the factors set forth in Rule 12.6.4., regardless of whether the electric utility making such purchases is simultaneously making sales to the qualifying facility. A rate so determined satisfies the requirements of Rule 12.6.1.

12.6.2.c. A rate for purchases (other than from new capacity) may be less than the avoided cost if the Commission determines that a lower rate is consistent with Rule 12.6.1 and is sufficient to encourage cogeneration and small power production.

12.6.2.d. In the case in which the rates for purchases are based upon estimates of avoided costs over the specific term of the contract or other legally enforceable obligation, the rates for such purchases do not violate this rule if the rates for such purchases differ from avoided costs at the time of delivery.

12.6.3. Purchases “as available” or pursuant to a legally enforceable obligation -- Each qualifying facility shall have the option either:

12.6.3.a. To provide energy as the qualifying facility determines such energy to be available for such purchases, in which case the rates for such purchases shall be based on the purchasing utility’s avoided costs calculated at the time of delivery; or

12.6.3.b. To provide energy or capacity pursuant to a legally enforceable obligation for the delivery of energy or capacity over a specified term, in which case the rates for such purchases shall, at the option of the qualifying facility exercised prior to the beginning of the specified term, be based on either:

12.6.3.b.1. The avoided costs calculated at the time of delivery, or

12.6.3.b.2. The avoided costs calculated at the time the obligation is incurred.

12.6.4. Factors affecting rates for purchases -- In determining avoided costs, the following factors shall, to the extent practicable, be taken into account:

12.6.4.a. The data provided pursuant to Rule 12.3., including Commission review of any such data:

12.6.4.b. The availability of capacity or energy from a qualifying facility during the system daily and seasonable peak period, including:

12.6.4.b.1. The ability of the utility to dispatch the qualifying facility;

12.6.4.b.2. The expected or demonstrated reliability of the qualifying facility;

12.6.4.b.3. The terms of any contract or other legally enforceable obligation, including the duration of the obligation, termination notice requirement and sanctions for noncompliance;

12.6.4.b.4. The extent to which scheduled outages of the qualifying facility can be usefully coordinated with scheduled outages of the utility’s facilities;

12.6.4.b.5. The usefulness of energy and capacity supplied from a qualifying facility during system emergencies, including its ability to separate its load from its generation;

12.6.4.b.6. The individual and aggregate value of energy and capacity from qualifying facilities on the electric utility’s system; and

12.6.4.b.7. The smaller capacity increments and the shorter lead times available with additions of capacity from qualifying facilities.

12.6.4.c. The relationship of the availability of energy or capacity from the qualifying facility as derived in Rule 12.6.4.b. to the ability of the electric utility to avoid costs, including the deferral of capacity additions and the reduction of fossil fuel use; and

12.6.4.d. The costs or savings resulting from variations in line losses from those that would have existed in the absence of purchases from a qualifying facility, if the purchasing electric utility generated an equivalent amount of energy itself or purchased an equivalent amount of electric energy or capacity.

12.6.5. Periods during which purchases are not required.

12.6.5.a. Any electric utility which gives reasonable notice pursuant to Rule 12.6.5.b, below, will not be required to purchase electric energy or capacity during any period during which, due to operational circumstances, purchases from qualifying facilities will result in costs greater than those which the utility would incur if it did not make such purchases, but instead generated an equivalent amount of energy itself. The costs referred to herein shall be calculated in the same or a similar manner that was used to calculate the costs for the purpose of establishing the rate for purchases from the qualifying facility.

12.6.5.b. For the purposes of Rule 12.6.5.a, reasonable notice is that which provides each affected qualifying facility adequate time to cease delivery of energy or capacity to the electric utility.

12.6.5.b.1. Any utility failing to provide reasonable notice will be required to pay the contract rate for such purchase of energy or capacity from the facility.

12.6.5.c. A claim by an electric utility that such period as described in Rule 12.6.5.a, has occurred or will occur is subject to verification by the Commission.

12.7. Rates for sales.

12.7.1. Rates for sales shall be just and reasonable and in the public interest and not discriminate against any qualifying facility in comparison to rates for sales to other customers served by the electric utility.

12.7.2. When a qualifying facility’s load or other cost-related characteristics are similar to those of other customers receiving service under a given rate schedule, the same rate schedule shall apply to the qualifying facility. If there is no existing rate schedule applicable to the qualifying facility, the utility shall file with the Commission a proposed tariff and supporting cost-of-service data.

12.7.3. Upon request of a qualifying facility, each electric utility shall provide supplementary power, back-up power, maintenance power and interruptible power; provided, however, that if, after public notice and hearing, it is determined that compliance with any of these requirements will impair the electric utility’s ability to render adequate service to its customers or will place an undue burden on the electric utility, then the Commission may waive such requirement(s).

12.7.3.a. The rates for sale of back-up power or maintenance power shall not be based upon an assumption (unless supported by factual data) that forced outages or other reductions in electric output by all qualifying facilities on an electric utility’s system will occur simultaneously, or during the system peak, or both, and shall take into account the extent to which scheduled outages of the qualifying facilities can be usefully coordinated with scheduled outages of the utility’s facilities.

12.8. Interconnection costs.

12.8.1. Each qualifying facility shall be obligated to pay any interconnection costs as defined in Rule 12.1.1.g. Such costs shall be assessed on a nondiscriminatory basis with respect to other customers with similar load characteristics. Reasonable costs of interconnection shall be negotiated by the qualifying facility and the utility, and any disputes shall be resolved in accordance with the procedure established in Rule 12.5.2.

12.8.2. The utility shall be reimbursed by the qualifying facility at the time interconnection costs are incurred. Upon petition by any party involved and for good cause shown, the Commission may allow for reimbursement of costs over a reasonable period of time and upon such conditions as the Commission may determine: Provided, however, that no other customers of the utility shall bear any of the costs of interconnection.

12.9. System emergencies or maintenance period -- During a system emergency:

12.9.1. A qualifying facility will be required to supply energy or capacity only to the extent:

12.9.1.a. Provided by contract between the utility and qualifying facility; or

12.9.1.b. Ordered under Section 202(c) of the Federal Power Act;

12.9.2. An electric utility may discontinue:

12.9.1.a. Purchases from a qualifying facility if such purchases would contribute to the emergency; and

12.9.2.b. Sales to a qualifying facility: Provided, that such discontinuance is on a nondiscriminatory basis.

12.9.3. During system maintenance periods -- An electric utility may discontinue purchases from a qualifying facility during periods of maintenance when safety conditions would require the de-energizing of facilities.

NOTE: All forms are available from the P.S.C.

Company _________________________________ PSC WV FORM NO. 214.6A Public Service Commission of West Virginia CERTIFICATION OF REVENUE DEFICIENCY REPORT For The Billing Month of ____________, 20 SSI AFDC AFDC-U FOOD STAMPS +60 TOTAL (1) Eligible Customers From Previous Record (2) Applications Received This Period (3) Applications Rejected This Period (4) Customers Who Became Ineligible This Period (5) Eligible Customers This Period (1 + (2 - 3) - 4)

(6) Revenue Deficiency $ + List, by general category, reasons for rejection of application for special reduced rates (Example: Applicant not Qualified Customer - #).

Continue on separate sheet.

Company _________________________________ PSC WV FORM NO. 214.6 Public Service Commission of West Virginia CERTIFICATION OF REVENUE DEFICIENCY SUMMARY REPORT For Billing Month of ___________, 20 to _____________, 20 SSI AFDC AFDC-U FOOD STAMPS +60 TOTAL (1) Total Applications Received (2) Total Applications Rejected (3) Number of Customers Given Discount (4) Total Number of Discounted Bills Rendered (5) Total Amount Which Would Have Been Billed at Non-Discounted Rates (6) Total Amount Billed at Discounted Rates* (7) Revenue Deficiency $ (5) - (6)

Specify ALL rates and charges to which 20% discount was applied * Including forfeited discounts or penalties, but excluding local taxes.

VERIFICATION

STATE OF _____________________________________________________________

COUNTY OF ______________________________________________________to wit: _________________________ of the ________________________________________, (Officer, Partner or Owner) (Company) the applicant(s) named in the foregoing application, being duly sworn, says that he knows the contents of said application, and that the facts therein are true and are accurately based upon the books and records of the company. _____________________________________ _____________________________________ (Title)

Taken, sworn to and subscribed before me this _________ day of _____, 20.

My Commission expires _________________, 20. _____________________________________ (Notary Public)

Contact Officer ________________________________________ Telephone Number _____________________________________ FORM CONCERNING METER TESTING (Front)

Qualification Card for Electric Meter Testers Name Age ____________ Date __________________ Address_____________________________________ Title_______________________________________________________________________________ Employer ___________________________________ Shop Location __________________________ Supervisor-Name _______________________________________ Title ________________________ General Experience Type of Work Company Years ___________________________ ______________________________ _______________________ ___________________________ ______________________________ _______________________ ___________________________ ______________________________ _______________________ *Meter Test Experience Type of Meter Nature of Work Company Years Shop Testing – Single Phase Meters ________________ ________________ ________________ Polyphase Meters ________________ ________________ ________________ Demand Meters ________________ ________________ ________________ Field Testing - Single Phase Meter ________________ ________________ ________________ Polyphase Meters ________________ ________________ ________________ Demand Meters ________________ ________________ ________________ Shop Testing and Repairing - Single Phase Meters ________________ ________________ ________________ Polyphase Meters ________________ ________________ ________________ Demand Meters ________________ ________________ ________________ Field Testing and Repairing - Single Phase Meters ________________ ________________ ________________ Polyphase Meters ________________ ________________ ________________ Demand Meters ________________ ________________ ________________ Remarks ___________________________________________________________________________ ___________________________________________________________________________________ *State, under remarks, in detail the type or kind of work done on meters.

Should this application be approved, I will test, or supervise the testing of, all electric meters in accordance with the Rules for the Government of Electric Utilities of the Public Service Commission of West Virginia and will not seal or approve for installation any meter that does not meet all of the requirements of the Rules for the Government of Electric Utilities of the Public Service Commission of West Virginia. ___________________________________________ (Back)

Certificate of Competency I, _______________________________________ _________________________________________ Name Title of the _______________________________________________________________________________ Electric Company certify that I have read the questions and answers on this card, relative to the experience of ___________ Name of Employee and that they are true and correct to the best of my knowledge and belief. I further certify that the above named employee is competent to test and repair ____________________ _______________________ Single Phase Polyphase __________________ Demand meters and will, in my opinion, faithfully and honestly discharge the duties of meterman. _____________________________________ Signature (Must hold a valid test card from PSC)

TO BE COMPLETED BY THE PUBLIC SERVICE COMMISSION

The above employee has been authorized to test, or to supervise such tests of, Electric Meters as shown below.

Shop Field Shop Testing Field Testing Testing Testing & Repairing & Repairing Single Phase Meters ______________ ______________ ____________ ________________ Polyphase Meters ______________ ______________ ____________ ________________ Demand Meters ______________ ______________ ____________ ________________ ________________________________ Engineer (Front)

Electric Meter Testing Card Public Service Commission Of West Virginia No. __________________________ Date _____________________ ___________________________________________________________________________________ Name of Employee is hereby authorized to test the following type or types of electric meters:

Shop Field Shop Testing Field Testing Testing Testing & Repairing & Repairing Single Phase Meters ______________ ______________ ____________ _______________ Polyphase Meters ______________ ______________ ____________ _______________ Demand Meters ______________ ______________ ____________ _______________ Utility ______________ ______________ ____________ _______________ Shop Location ______________ ______________ ____________ _______________ ________________________________ Engineer (Over)

(Back)

This card must be returned to the Utilities Division, Public Service Commission of West Virginia by the _______________________________ when ___________________________ leaves the employ of the company or ceases to serve as meterman.

P.S.C. W. VA. FORM NO. 14-E

Page 1 of 4 (Insert Company Name Here)

NOTICE OF SCHEDULED TERMINATION OF SERVICE

AND CUSTOMER RIGHTS

We have scheduled your ___________________________________ service provided at _____________________________________________________________________________________ (Address) for termination on or after ______________________________________.

(Date)

This action has been taken for the following reason(s):

(Explain reason and facts resulting in decision to terminate service.)

If your service is terminated you may be subject to additional charges involving reconnect fees and deposit requirements in order to restore service.

YOU HAVE THE RIGHT TO CHALLENGE THE TERMINATION IF YOU BELIEVE ANY OF THE FOLLOWING CONDITIONS APPLY TO YOU:

1. Any portion of the bill is in dispute.

2. You are being charged for service not received.

3. The information above is incorrect.

4. You wish to negotiate a deferred payment agreement to pay a delinquency in installments (provided you are a residential customer).

5. Termination of service would be dangerous to the health or safety of a member of your household.

If the reason for your challenge is 1, 2, or 3 above, you will have to pay any amount not in dispute. If the reason for your challenge is 4 or 5, we will enter into a deferred payment agreement with you. You must pay your current utility bill while we work out a payment agreement for your delinquency. The standard deferred payment agreement requires you to pay a total of the amount of your delinquency and a service fee equal to 2% of your delinquency. You must pay the total (delinquency + service fee) over twelve months in equal monthly payments. You may request a shorter payment period. If your financial circumstances justify a longer payment period, we may or may not agree to a longer period depending on the amount of your delinquency, your financial circumstances, your payment history, and the amount of time you have been delinquent. If your service is terminated for non-payment, you will not have the option of entering into a twelve-month standard deferred payment agreement; you will be required to pay, up front, at least one-half of your outstanding balance and a customer deposit with the remaining balance to be paid over a maximum of six (6) months. In addition there will be a reconnection fee that may be paid up front or included in the amount to be paid over six months.

YOU MUST NOTIFY US BEFORE THE DATE OF TERMINATION IN ORDER TO PROTECT YOUR RIGHTS UNDER THIS RULE:

(Provide instructions for contacting the appropriate utility personnel by telephone and mail, including business hours)

P.S.C. W. VA. FORM NO. 14-E

Page 2 of 4 Once you have notified us of your challenge, we will schedule an in-person meeting between you and a designated utility employee. You may choose that the meeting take place at the utility business office nearest to your residence or place of work, or by telephone conference. After the meeting, we will provide you with written notice of our decision, and we will not proceed with termination during the seven (7) days after we issue the decision. If you disagree with our decision, you may, within the seven (7) day period, elect a standard deferred payment plan, request assistance from the Public Service Commission, or file a formal complaint with the Commission.

To request assistance from or file a formal complaint with the PSC, visit the website www.psc.state.wv.us or call toll free 1-800-642-8544 or write to this address:

Public Service Commission of West Virginia c/o Customer Assistance 201 Brooks Street P. O. Box 812 Charleston, West Virginia 25323 Inform us if a near relative or responsible third party should receive notices regarding termination of your utility service or about any other material action on your account. After you provide us with contact information for a near relative or third-party, we will provide all relevant notices to you and to that person or persons.

If you are in need of assistance to pay your bill you should contact the following agencies: (List agencies in service area.)

If you desire the assistance of a lawyer with regard to the scheduled termination and are unable to pay for legal counsel, contact one of the following low income legal assistance organizations: (List agencies in service area.)

P.S.C. W. VA. FORM NO. 14-E

Page 3 of 4 Electricity and Gas Customer Options Relating to Delinquent Bill Payments 1. Your utility is required to give you notice before terminating your service due to delinquent payment. The notice requirements are found in Public Service Commission Rules.

2. You should contact your utility immediately upon receiving notice that your account is delinquent. Additional fees and payment requirements will apply if your service is turned off.

3. When you receive a termination notice, you may avoid termination and the expenses of reconnection by paying the delinquent amount in full before the termination date. If you are unable to pay your delinquency, you may ask state agencies or local charitable organizations for help. To learn of agencies and organizations, dial 211 or ask your utility.

4. If you cannot pay the delinquency in full and do not want your service terminated, you should contact the utility before the termination date. The utility will offer you a standard deferred payment agreement allowing you to pay the total of your delinquency plus a two-percent (2%) service fee over twelve (12) months in equal monthly payments. A shorter payment term may be negotiated. You must pay your current bill during the time you are negotiating a deferred payment agreement.

5. If you dispute a portion of your bill, believe you are being charged for service not being received, or would like a deferred payment agreement longer than twelve (12) months, you should request a utility meeting (phone or in-person) before the termination date. You must justify any request for a longer payment term. You must pay your current bill during the time you are negotiating a deferred payment agreement.

6. If you and your utility have a meeting but do not agree on how to address a delinquency, you have seven days after the utility decision to avoid termination by electing a standard deferred payment agreement, or by requesting assistance from the Public Service Commission or filing a formal complaint with the Public Service Commission. To do so, visit the website www.psc.state.wv.us, call 1-800-642-8544 or write to this address: Public Service Commission of West Virginia, c/o Customer Assistance, 201 Brooks Street, P. O. Box 812, Charleston, West Virginia 25323. You must pay your current bills during the time you are seeking assistance from the Public Service Commission.

7. If you enter into a deferred payment agreement with your utility and then fail to make any required payment, the utility may terminate your service after giving you notice. To avoid termination, make your payment immediately when you receive notice.

8. Your utility is not required to renegotiate your deferred payment agreement unless you can show that your financial circumstances have significantly changed for the worse. Your utility is not required to renegotiate an agreement due to a significant change in your financial circumstances more than once. You must pay your current bill plus some payment on your delinquency during the time you are renegotiating a deferred payment agreement.

9. You have certain additional notice of termination rights if you have provided the utility with certification from a currently licensed physician, nurse practitioner or physician assistant that termination of service would be dangerous to you or a member of your household.

P.S.C. W. VA. FORM NO. 14-E

Page 4 of 4 If Your Service is Terminated If your service is terminated because you ignore a termination notice, contact your utility by calling [utility to insert local or toll-free phone number and instructions on other ways to contact utility]. The utility is not required to reestablish service unless you pay up-front a minimum of half of your delinquency plus a deposit and you enter into a six-month payment agreement to pay the remainder of your delinquency plus a 2% service fee and a reconnection fee.

P.S.C. W. VA. FORM NO. 14-ME

N O T I C E

The electric service at this building _________________________________________, is scheduled for Address termination on or after ________________________________________.

Date This action has been taken for the following reason(s):

(Include reasons and facts resulting In decision to terminate service.)

In order to avoid termination one of the following steps may be taken:

a. The current customer must pay its bill or enter into a deferred payment agreement with the utility; or b. One or more tenants must apply for service in their own names becoming a new customer of the utility. The new customer will not be responsible for the delinquency incurred by the former customer, unless they were a member of the household when the charges were incurred.

c. Although either of these steps will avoid termination, you are encouraged to seek legal advice and assistance regarding other rights that you may have.

Series 04 Government of Gas Utilities and Gas Pipeline Safety

W. Va. Code R. § 150-4-1 General

1.1. Scope. -- These rules govern the operation and service of gas utilities subject to the jurisdiction of the Public Service Commission pursuant to W. Va. Code § 24-2-1.

1.2. Authority. -- W. Va. Code §§ 24-1-1, 24-1-7, 24-2-1, 24-2-2.

1.3. Filing Date. – June 11, 2018.

1.4. Effective Date. –July 11, 2018.

W. Va. Code R. § 150-4-2 Authorization, Application, Definitions, and Records, Reports and Other Information to be Supplied to the Commission. 2.1 Authorization of rules

2.1.1. These rules are intended to define good operating practices, which can normally be expected.

2.1.2. They are intended to ensure adequate service and to prevent unfair charges to the public, and to protect the utilities from unreasonable demands.

2.1.3. The adoption of these rules shall in no way preclude the Public Service Commission from altering or amending them in whole or in part, or from requiring any other additional service, equipment, facility, or standard either upon complaint or upon its own motion, or upon the application of any utility.

2.1.4. These rules shall not relieve in any way a utility from any of its duties under the laws of this State.

2.2. Application of rules.

2.2.1. These rules apply to public utilities as defined in Rule 2.3.11.

2.2.2. If hardship results from the application of any rule herein prescribed, or if unusual difficulty is involved in immediately complying with any rule, application may be made to the Commission for the modification of the rule or for temporary or permanent exemption from its provisions: Provided, that no utility shall submit application for such modification or exemption without submitting therewith a full and complete justification for such action.

2.3. Definitions.

2.3.1. Commission -- Whenever in these rules the words "Commission" or "Public Service Commission" occur, such word or words shall, unless a different intent clearly appears from the context, mean the Public Service Commission of West Virginia.

2.3.2. Company service -- The term "company service" shall mean the utility's pipe and appurtenances which connect any gas main in a public highway, street, alley or private right-of-way with the inlet connection of a customer's service piping at or near the property line, right-of-way, or easement line. The company service piping shall be installed at the utility’s expense, regardless of the side of the road on which the customer is located in reference to the main.

2.3.3. Cubic foot of gas -- The term "cubic foot of gas" or "cubic foot" shall have the following meanings:

2.3.3.a. Testing -- For the purpose of testing gas under these rules, a cubic foot of gas shall be that amount of gas which occupies a volume of one (1) cubic foot when saturated with water vapor at a temperature of sixty (60) degrees Fahrenheit and an absolute pressure equal to thirty (30) inches of mercury at thirty-two (32) degrees Fahrenheit.

2.3.3.b. Distribution pressure measurement -- For the purpose of measurement of gas at standard distribution pressure, a cubic foot of gas shall be the amount of gas which occupies a volume of one (1) cubic foot under the conditions existing in the customer's meter where installed.

2.3.3.c. High or intermediate pressure measurement -- In cases where gas is supplied through orifice or other type meters at other than standard distribution pressure, a cubic foot of gas shall be that volume of gas which, at an absolute pressure of 14.73 pounds per square inch, occupies a volume of one (1) cubic foot. The temperature of the gas shall be determined and corrected to sixty (60) degrees Fahrenheit where necessary and practical. This definition of cubic foot of gas does not affect contract or other provisions.

2.3.4. Customer -- The word "customer" used in these rules shall mean any person, group of persons, firm, corporation, institution, municipality or other service body who purchases gas, service or facilities by a gas utility.

2.3.5. Customer service piping -- The term "customer service piping" shall mean the segment of the piping extending from a point at the property line, right of way or easement line to the inlet of the meter serving the customer, where the meter is not located at the property line, right of way or easement line.

2.3.6. Customer buried piping -- The term “customer buried piping” shall mean the underground piping, if any, between the outlet of the meter and the outside of the customer’s foundation.

2.3.7. High or intermediate pressure distribution system -- A "high or intermediate pressure distribution system" shall mean one in which the gas in the mains is maintained at a pressure higher than standard distribution pressure.

2.3.8. House piping -- The term “house piping” shall mean the piping and fittings extending from the outside of the customer’s foundation to the customer’s gas appliances. The customer shall furnish, install and maintain the house piping in accordance with the utility’s safety requirements for such installation as set forth in the utility’s tariff as required pursuant to Rule 8.3, infra.

2.3.9. Low pressure distribution system -- “A low pressure distribution system" shall be that portion of the utility's system in which standard distribution pressure is maintained, and from which the gas is introduced from the mains into the customer service or house piping without passing through a pressure regulating device.

2.3.10. Main -- The term "main" shall mean the pipe of any utility's gas system, located in a public highway, street, alley, or private right-of-way, and used to transport gas.

2.3.11. Public utility -- Except where a different meaning clearly appears from the context, the word or words "utility" or "public utility" when used in these rules and regulations shall mean any person or persons, or association of persons, however associated, whether incorporated or not, including municipalities engaged in the business of producing, furnishing, transporting, distributing or selling gas for light, heat or other purposes which are now or may hereafter be held to be a public service.

2.3.l2. Standard distribution pressure -- “Standard distribution pressure" shall be the distribution pressure established by the utility under the requirements of Rule 7.3.

2.4. Records and reports.

2.4.1. Preservation of records -- All records required by these rules shall be preserved by the utility in accordance with the "Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities" as prescribed by the National Association of Regulatory Utility Commissioners adopted by the Commission in its General Order No. 117-C of September 25, 1972, and effective December 1, 1972, except, as they may be hereinafter modified. No such record shall be destroyed without Commission approval. (NOTE: These regulations are published in separate pamphlet form and will be furnished upon request).

2.4.2. Location of records -- Such records shall be kept at the office or offices of the utility, and shall be open at all reasonable hours for examination by the Commission or its representative, or by others authorized by the Commission.

2.4.3. Reports to Commission

2.4.3.a. Each utility shall, at such times and in such form as the Commission may prescribe, report to the Commission the results of any test or tests required to be made or the information contained in any records required to be kept by the utility.

2.4.3.b. Each utility shall furnish to the Commission any information in its possession, respecting its rates, charges, or practices which may from time to time be required by the Commission, and without formal order of the Commission.

2.4.3.c. Special reports -- Each utility shall submit to the Commission duplicate copies of routine reports made by it to the Federal Energy Regulatory Commission pertaining to any phase of its business as a gas utility in West Virginia.

2.5. Filing of rate schedules.

2.5.1. Filing required -- No rules and regulations, or schedules of rates or charges, or modification of the same, shall be effective until filed with the Commission as provided by law.

2.5.2. Where filed -- Copies of all schedules of rates and other charges, and copies of all rules and regulations, covering the relation of customer and utility, shall be filed by every utility in the office of the Commission.

2.5.3. Manner of filing -- Tariffs containing all the rates, rules and regulations of each utility shall be filed in the manner prescribed by the Commission in "Rules for the Construction and Filing of Tariffs," and such other amendments or modifications that may hereinafter be adopted.

2.5.4. Forms for filing -- The Commission will, upon application, furnish proper blanks to be used for the filing of tariffs and any changes thereof and additions thereto.

2.5.5. Utility's special rules -- A utility desiring to establish any rule or requirement supplementing the rules of the Commission shall first make application to the Commission for authority for such rule or rules, clearly stating in its application the reason for such establishment.

2.6. Financial and statistical report.

2.6.1. Every utility shall file annually a financial and statistical report upon forms to be furnished by the Commission. Said report shall be based upon the accounts set up in conformity with the Commission's order and rule as set out in Rule 2.7. This report shall be filed on or before March 31st of each year, or at such date as the Commission may direct.

2.6.2. Each utility shall file, monthly, gas statistical reports upon forms to be furnished by the Commission. This report shall be filed not later than forty-five (45) days following the period covered by the report.

2.6.2.a. In reporting all gas volumes on statistical reports (Form furnished by the Commission), measurement made at pressure above normal distribution pressure shall be adjusted to a pressure base of 14.73 pounds per square inch absolute. This applies to produced, purchased, storage, and sales measurements.

2.7. Uniform system of accounts -- All gas utilities are required to maintain their books and records in accordance with the "Uniform System of Accounts" promulgated by the Federal Power Commission (now the Federal Energy Regulatory Commission) as published in Title 18 CFR Parts 201 and 204, and in effect as of January 1, 1977.

2.8. Maps and records.

2.8.1. Each utility shall keep on file suitable maps, plans, and records showing the entire layout of producing field or fields, and of each compressing or boosting station, with the location, size and character of each piece of plant equipment, pipelines, connections and other facilities used in the production and transmission of gas. Each utility shall keep similarly complete maps, plans, or records of the entire distribution system showing the size, character and location of each main, district regulator, street valve and drip, and each service connection, together with such other information as may be necessary.

2.8.2. The maps, plans and records required by the provisions of this rule shall be kept up-to-date so that the utility can furnish promptly and accurately any information regarding its facilities, or copies of its maps requested by the Commission.

2.8.3. Each gas utility shall file with the Commission a map or maps showing the lines in its system which it designates and operates as transmission lines. The utility shall, on or before April 1st of each year, file a new map; recall, revise and resubmit its old map, or advise the Commission, in writing, that no changes to the transmission lines have been made during the year.

2.9. Management audits.

2.9.1. Scope -- To establish a procedure for examination of management practices and policies to determine whether the entity being audited is operating with efficiency and utilizing sound management practices. The purpose of a management audit is to disclose operating areas that are efficient or inefficient, to identify areas for improvement, and to form recommendations for changes. The results of a management audit and the response of the utility to the recommendations and implementation plans developed pursuant to a management audit may be a factor in determining just and reasonable rates, as set out herein.

2.9.2. Types of management audits -- The following types of management audits, which vary in scope, may be directed and utilized by the Commission.

2.9.2.a. Comprehensive -- An investigation characterized by an extensive, detailed analysis of a utility's management and operations.

2.9.2.b. Reconnaissance -- A broad review, similar in scope to a comprehensive audit, but in less detail. The objective of this type of audit is to identify specific areas for more intensive investigation based upon the magnitude of the problem identified or the potential benefits to be derived.

2.9.2.c. Focused -- An in-depth investigation of one or several specific areas of a utility's management and operations.

2.9.3. Frequency -- The Commission shall order a management audit of any utility under its jurisdiction whenever the Commission deems it necessary to investigate the operational efficiency of the utility. Such factors as the cost of the management audit and the potential benefits of such audit may be taken into consideration. The Commission may accept or request a management audit performed under the rules of another jurisdiction in satisfaction of this rule when that audit is of the scope contemplated by the Commission, conforms to the standards herein set forth and covers the utility's service functions in its West Virginia jurisdiction.

2.9.4. Conduct and control

2.9.4.a. The Commission may choose to have the audit performed by its Staff or contracted to a qualified outside auditing firm. In the latter case, the Commission may supervise the selection process. If the management audit is to be conducted by an auditing firm, the Commission's order initiating the audit shall include provision for the development of the request for proposal (RFP), the consultant selection process and Staff's assistance and supervision during the audit.

2.9.4.b. The Commission may impose eligibility restrictions upon contractors relating to past, current and post-audit relationships with the utility.

2.9.4.c. The utility is expected to cooperate to the fullest extent with the performer of a Commission ordered management audit. A responsible employee shall be appointed by the utility as its management audit coordinator, who shall be responsible to assist in the efficient performance of the management audit.

2.9.5. Costs -- It shall be the responsibility of the audited utility to pay for a contracted audit. The Commission shall include the reasonable cost of conducting the contracted management audit in the cost of service of the utility. The Commission may allow such costs to be recovered in the utility's next general rate case following completion of the audit, or the Commission may order such costs to be amortized over a reasonable period of years, considering the impact of these costs on both the utility and its customers.

2.9.6. Implementation of recommendations

2.9.6.a. Draft report.

2.9.6.a.1. Upon completion of the audit a draft report shall be submitted to the utility for comments.

2.9.6.a.2. The auditor and Company representatives shall conduct a draft review meeting subsequent to the distribution of the draft review report.

2.9.6.b. Final report.

2.9.6.b.1. A final report shall be submitted to the Commission no later than thirty (30) days after the submission of the draft report to the utility.

2.9.6.b.2. Within thirty days of the final submission of the management audit report, the utility shall file a document detailing its position on each audit recommendation. This document must state which recommendations are acceptable to the utility and the nature of the utility's disagreement with any recommendations.

2.9.6.c. The Commission may, after hearing, issue an order prescribing the recommendations which should be adopted by the utility.

2.9.6.d. The utility shall file detailed implementation plans for the Commission's review and approval within the time specified in the Commission's order prescribing which recommendations the utility should adopt. The utility shall not deviate from an approved implementation plan without prior notice to the Commission which specifically states the utility's reasons for departing from the approved plan.

2.9.6.e. At the direction of the Commission, a follow-up audit may be performed to review the progress of the utility in implementing the approved plans and the results of previously performed management audits.

2.9.6.f. A management audit report and implementation plan adopted pursuant thereto and any follow-up audit may be used by parties in a general rate case subsequent to the management audit. Such audits and implementation plans may be a factor in the determination of just and reasonable rates if introduced as an exhibit and subjected to normal due process procedures.

2.9.6.g. The Commission may grant an extension of the time limits established in this section upon a showing of good cause for such extension.

W. Va. Code R. § 150-4-3 Meter Requirements

3.1. Gas measurement requirements.

3.1.1. Gas purchased -- Every utility shall measure and record the quantity of gas purchased by it.

3.1.2. Gas sales -- Every utility shall measure and record the quantity of gas sold by it.

3.1.3. Exchange gas -- Every utility shall measure and record the gross cubic feet of gas exchanged with others.

3.1.4. Storage gas -- Every utility shall measure and record separately the quantity of gas put into storage and gas removed from storage.

3.1.5. Company gas -- Every utility shall measure where practicable and record all gas used, for any purpose, by the utility. The records shall be kept so as to indicate the division of its system, production, transmission or distribution, where the gas was used.

3.2. Use of meter.

3.2.1. Gas sold -- All gas sold by a utility shall be charged for by meter measurements.

3.2.2. Other gas -- All gas delivered as compensation for leases, rights-of-way, or other reasons, not charged for at the utility's regular schedule of charges, shall be metered and a record kept thereof.

3.3. Utility to provide meters and regulators -- Unless otherwise authorized by the Commission, each utility shall provide and install at its own expense (except as provided in Rule 5.6.) and shall continue to own, maintain, and operate all equipment necessary for the regulation and measurement of gas, in accordance with tariff or contract provisions, to its customers. Where meters or regulators not required by these rules are furnished by the utility for the convenience of the customer, a charge for such meters or regulators may be made.

3.4. Location of meters.

3.4.1. Urban meters

3.4.1.a. When meters are installed inside buildings, they should be located in a dry place not subject to excessive heat, and as near as possible to the entrance of service.

3.4.1.b. When meters are located outside of buildings, they may be enclosed by a small box or other protective device specially built for that purpose.

3.4.1.c. The meter location in all cases shall be subject to the approval of the utility.

3.4.2. Tagging house piping -- When a number of meters are placed in the same location, each house pipe should be tagged close to the meter, so as to indicate the particular part of a building or premises served by such meter.

3.4.3. Rural meters -- When the distance between the utility's main and the nearest point of consumption is more than 150 feet, the meter shall be located as near to the utility's main as may be practicable.

3.4.4. Protection required -- No customer’s meter shall be installed in any location where it may reasonably be expected to be exposed to damage, such as from vehicular traffic or road maintenance activities, unless it is protected from such damage at the utility’s expense and in compliance with 49 C.F.R. Part 192.353.

3.5. Meter readings.

3.5.1. Meter requirements -- Each service meter of the displacement type shall indicate clearly the cubic feet of gas registered. Where gas is metered under high pressure, or where the quantity is determined by calculation from recording devices, the utility shall show on the bill the information needed to make clear the method by which the quantity is determined.

3.4.2. Meter-reading period -- As a matter of general practice, all service meters shall be read at monthly intervals, on the corresponding day of each meter-reading period or as near thereto as practical. Approval may be granted for the reading of meters at other than monthly intervals, if the circumstances warrant.

W. Va. Code R. § 150-4-4 Customer Relations

4.1. Customer information.

4.1.1. Each utility shall, upon request, give its customers such information and assistance as is reasonable, in order that customers may secure safe and efficient service. The information contained in the utility's safety requirements concerning customer connections required to be filed pursuant to Rule 8.3., infra, shall be furnished to all customers installing new or revising existing customer service piping.

4.1.2. Explanation of meter readings -- Each utility shall adopt some means of informing its customers as to the method of reading meters, either by a printed description on its bills, or by a notice to the effect that the method will be explained at the office of the utility upon request. It is recommended that an exhibition meter be kept on display in each sales office maintained by a utility.

4.1.3. Explanation of rates -- It shall be the duty of the utility to explain to the customer, at the beginning of service, or whenever the customer shall request the utility to do so, the utility's rates applicable to the type of service furnished to the customer and all other classes of customers, and to assist him/her in obtaining the rate which is most advantageous to his/her requirement for service. The responsibility for the selection however, must rest with the applicant. In the event that the customer's use of service is later such that an applicable rate schedule, other than the one initially selected, proves to be more favorable, the responsibility for requesting a change in rate schedule consistent with the provisions of the service agreement, shall rest with the customer. The utility shall, on its periodic statements, annually inform its customers that, if they so request, it shall supply the customers with a copy of the utility's rate or rates applicable to the type of service to be furnished to them and to all other classes of customers with a concise written explanation of the rates, and an identification of any classes of customer whose rates are not summarized.

4.1.4. Posting of law, rates, rules and regulations.

4.1.4.a. Every utility shall maintain in its office for inspection by the public the following:

4.1.4.a.1. A copy of the rates, rules and regulations of the utility, and forms for contracts and applications applicable to the territory served from that office.

4.1.4.a.2. A copy of Chapter 24, Code of West Virginia.

4.1.4.a.3. A copy of the Commission's Rules for the Government of Gas Utilities and Gas Pipeline Safety.

4.1.4.b. A suitable placard, in large type, shall be exhibited in a conspicuous location, giving information to customers that a copy of the law, the rules of the Public Service Commission and the schedule of rates are kept for their inspection.

4.2. Customer deposits.

4.2.1. Security deposits

4.2.1.a. Security deposit -- A utility may require an applicant or customer to make a deposit as a guarantee for the payment of gas used. Such deposit shall not be more than one-twelfth (1/12) of the annual estimated charge for residential service and one-sixth (1/6) for all other service to secure the utility from loss. The utility shall not be bound to supply gas until these conditions are fulfilled and it may cut off the supply if the guarantee is not given when required. After the customer has paid bills for service for twelve consecutive months without a delinquency, the utility shall promptly and automatically refund the deposit plus accrued interest. Utilities may, at their discretion, refund deposits after shorter periods of time. Calculation of the above twelve consecutive month period shall commence from the first regular payment or following the payment of a delinquent bill or bills. The interest rate to be paid shall be determined as follows. The rate which utilities shall be required to pay shall be the average of the one-year United States Treasury Bill rates for October, November and December of the preceding calendar year. By January 15 of each year, Staff of the Commission shall make the necessary calculations and file with the Commission its calculations. The Commission will issue an order setting the rate to be paid by the utilities until the next annual Commission order. The simple interest shall be paid at the date of discontinuance of service or at the end of the deposit period. The utility shall have a reasonable time to read and remove meters and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund.

4.2.1.b. Provided, however, that this rule shall not affect residential customer security deposits required by a utility prior to the passage of W. Va. Code § 24-3-8 on March 12, 1983.

4.2.1.c. Record of deposit -- Each utility holding a cash deposit shall keep a record showing: (i) the name and current address of each depositor; (ii) the amount and date of the deposit; and (iii) each transaction concerning the deposit.

4.2.1.d. The receipt -- Concurrently with receiving a cash deposit, the utility shall deliver to the applicant for service or customer, a receipt showing: (i) the date thereof; (ii) the name of the applicant or customer and the address of the premises served or to be served; (iii) the service furnished or to be furnished; and (iv) the amount of the deposit and the fact that interest will be paid on the deposit. Each utility shall provide reasonable records to refund the deposit of a customer, when he/she is so entitled, even if the original receipt cannot be produced. A receipt or proof of payment will not be necessary under the provisions for an automatic refund.

4.2.1.e. Unclaimed deposits -- Should a utility have retained, through no fault of its own, deposits made by customers to whom service has been discontinued during any calendar year, it shall, on or before the first day of March, in each year, mail to the customer's last known address a check as refund of the deposit plus accrued interest, or at the utility's option, publish a list of such depositors, in a newspaper published and of general circulation in each of the counties in which it operates and in which the deposits were made, showing as of the thirty-first day of December immediately preceding, the amount of each deposit, together with the interest due thereon, and notifying depositors listed therein that their deposits, together with accrued interest, are being held to their credit and will be returned upon request. The utility shall not be liable for any interest on such deposit after publication of such lists. (See W. Va. Code § 24-2-1).

4.2.2. Guaranty agreement.

4.2.2.a. A utility may accept, in lieu of the cash deposit, a guaranty agreement signed by a financially responsible guarantor, whereby payment of a specified sum, not exceeding the cash deposit aforesaid, is guaranteed. The guarantor shall receive copies of disconnection notices sent to the customer whose account has been guaranteed: Provided, however, that the limitations herein fixed upon the terms of a guaranty agreement shall not apply to industrial customers.

4.2.2.b. Guaranty agreements shall terminate after the customer has satisfactorily paid bills for service of twelve consecutive months, or when the customer gives notice to the utility of the discontinuance of service at the location covered by the guaranty agreement, or three months after discontinuance of service where no notice was given, or at the guarantor's request upon thirty (30) days written notice to the utility. In any case, after the automatic termination of a security agreement, where experience indicates that a cash deposit or a new guaranty agreement is reasonably necessary to secure the utility from loss, a cash deposit or a new guaranty agreement may be required upon written notice to the customer.

4.2.3. Application in case of receiver or trustee -- The aforesaid provisions shall apply in the case of a receiver or trustee, operating under court order a business requiring utility service.

4.3. Billing information.

4.3.1. Bills shall be rendered periodically, and they shall show the readings of the meter at the beginning and the end of the period for which the bill is rendered, the date of the meter readings, and the number of cubic feet of gas supplied. The applicable rates shall be provided on the monthly bill.

4.3.2. Billing period -- Meters shall be read as nearly as possible at regular monthly intervals. Due to the incidence of week-ends, holidays, and unusual conditions, it is recognized that there may be variations of several days in the period between meter readings. No adjustment will be required in billing when the deviation is not more than five days or less than five days of the standard period. When the deviation exceeds these limits, the tariff consumption blocks and the minimum charges shall be prorated on the basis of the ratio of the number of days in the period in question to the number of days included in the standard period, which will be taken at thirty days for monthly billing.

4.3.3. Utilities desiring to adopt mechanical billing of such nature as to render compliance with all the terms of Rule 4.3.1. impractical may make application to the Commission for relief. After consideration of the reasons given when asking for relief, the Commission may allow the omission of any part of these requirements.

4.3.4. On all bills which include any other items than a definite authorized gas rate, the other factors used in computing the bill shall be clearly stated so that the amount may be readily verified from the information appearing upon the bill.

4.3.5. Each bill shall be due when rendered. Each bill shall become delinquent thirty (30) days after it is rendered. A bill is considered rendered when it is placed in the United States Mail or postmarked.

4.3.6. Delayed Payment Penalty -- Each bill shall bear upon its face the latest pay date and the date it will become delinquent if not paid. On all current usage billings not paid by the latest pay date, a delayed payment penalty or carrying charge as approved in the utility’s tariff will be added to the net current amount unpaid. A delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. This provision must be included in the utility’s tariff filed with the Commission.

4.4. Adjustment of bills.

4.4.1. Fast meters -- If, upon test of any meter, the meter is found to have an average error of more than two percent (2%) fast, the utility shall refund to the customer the overcharge, based upon the corrected meter reading for a period equal to one half the time elapsed since the last previous test, but not to exceed six (6) months. If it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to, but not beyond, such date. If the meter has not been tested in accordance with Rule 6.5., the period for which it has been in service beyond the regular test period shall be added to the six (6) months in computing the refund.

4.4.2. Slow meters -- If, upon test of any gas meter, the meter is found to have an average error of more than two percent (2%) slow, the utility may render a bill for the gas consumed, but not covered by bills previously rendered, for a period equal to one half of the time elapsed since the last previous test, but not to exceed three (3) months. If it can be shown that the error was due to some cause, the date of which can be fixed, the charge may be computed back to, but not beyond, that date.

4.4.3. Dead meters -- If a meter is found not to register for any period, the utility shall compute the gas used by taking the average of the gas used for the meter-reading period preceding and the meter-reading period following the date when the meter was found to be dead, which amount shall be assumed to be the amount of gas used by the customer during the billing period in which the meter was found dead. Exceptions will be made to this rule in case the facts clearly show that the above method does not give the correct consumption for the period.

4.4.4. Leaks on the Customer side of the meter -- Each utility shall develop and implement a written policy concerning the adjustment of customer bills where the bill reflects unusual usage which can be attributed to leakage on the customer’s side of the meter. The policy shall be maintained at the utility’s office for inspection and shall be applied in a uniform, non-discriminatory manner to all customers. The policy shall provide for an adjustment which subtracts out all non-gas costs for all amounts above the customer’s expected usage for the relevant period.

4.5. Complaints.

4.5.1. Investigation of complaints -- Each utility shall make a full and prompt investigation of all complaints made to it by its customers, either directly or through the Commission.

4.5.2. Records of complaints -- The utility shall keep a record of all complaints received, which record shall show the name and address of the complainant, the date and character of the complaint, and the adjustment or disposal made thereof.

4.5.3. Disposition of records -- A summary of each complaint showing the nature of the complaint, the result of the investigation, and the disposition of each complaint will be prepared and maintained for a minimum of twenty-four (24) months after the resolution of each complaint.

4.6. Disputed bills -- In the event of a dispute between the customer and the utility respecting any bill, the utility shall make forthwith such investigation as shall be required by the particular case, and report the results thereof to the customer. In the event that the complaint is not adjusted, the utility shall, before service is discontinued, comply with the provisions of Rule 4.8.

4.7. Customer discontinuance of service.

4.7.1. Any customer desiring to have his/her service discontinued shall give at least three (3) days' notice thereof to the utility unless a longer or shorter period shall be incorporated in any standard or special contract mutually agreed upon. Until the utility shall have such notice, the customer may be held responsible for all service rendered.

4.7.2. If service is disconnected at the request of the customer, the utility may refuse service to such customer, at the same premises, within eight (8) months of such disconnection, unless it shall first receive payment of a reconnection charge as provided for in an effective tariff on file with the Commission.

4.8. Utility discontinuance of service.

4.8.1. Definitions -- for the purposes of this rule, the following definitions shall apply:

4.8.1.a. Delinquent bill -- A bill becomes delinquent if not paid in full, within thirty (30) of being rendered. 4,8.1.b. Due bill -- A bill is due when rendered.

4.8.1.c. Latest Payment Date -- The last day a customer can make payment on a bill to avoid a late payment penalty.

4.8.1.d. Payment -- Payment is made by cash, check, electronic transfer, money order, voucher from Department of Health and Human Resources or from assistance agencies or faith organizations, or credit and debit cards (if accepted by the utility and any applicable charge paid by the customer).

4.8.1.d.1. A utility has discretion to disregard and return to a customer a personal check or electronic transfer intended as a payment of a delinquent bill if the customer has, within the past three (3) months, presented the utility with a check returned for insufficient funds or invalid account information. If a utility elects to disregard and return a personal check or electronic transfer to a customer, it must, within five days of receiving the personal check, mail the customer a written notice that the check was refused, state the reason for the refusal, and provide the customer with five (5) days to pay by other means prior to termination. 4.8.1.e Certified Health Condition or Seasonal Time Period -- For the purposes of this rule, the following circumstances shall be deemed to constitute a condition under which termination of service could be dangerous to the health or safety of a residential customer or a member of the residential customer's household. The existence of a Certified Health Condition or Seasonal Time Period described below in Rule 4.4.1.d.1. or Rule 4.4.1.d.2. increases the utility notice requirements as set forth in Rule 4.8.2.b.2.B, but does not prohibit disconnection except as provided in Rule 4.8.2.b.9:

4.8.1.e.1. Written certification from a currently licensed physician, nurse practitioner or physician assistant that termination of service would be dangerous to the customer or a member of the customer’s household for medical reasons (Certified Health Condition). Such certification must be received by the utility within ten (10) days after the customer informs the utility of those reasons, and must be renewed every thirty (30) days, starting from the date the certification is sent to the utility. If a licensed physician, nurse practitioner or physician assistant states to a reasonable degree of medical certainty that the condition is permanent, then certification need not be renewed.

4.8.1.e.2. The time period from the first day of November through the last day of March (Seasonal Time Period).

4.8.1.f. Personal contact -- Unless specifically provided otherwise in these Rules, personal contact as referenced in Rule 4.8.1. may be made by:

4.8.1.f.1. a face-to-face meeting initiated by the utility or by the customer (Actual Personal Contact);

4.8.1.f.2. a telephone call initiated by either the utility or the customer in which a live conversation occurs between the utility and an adult member of the household and that alerts the customer to possible service disconnection and provides a toll free call back number or call back number local for the customer’s service address (Actual Telephone Contact);

4.8.1.f.3. a telephone call that reaches a voice-mail or answering device and that alerts the customer to possible service disconnection and provides a toll free call back number or call back number local to the customer’s service address. If an automated call is answered by a live person, the call must provide a means for the customer to speak with a customer service representative during the automated call, such as by pressing a button or speaking a demand. (Automated Telephone Contact); or

4.8.1.f.4. an electronic message if the customer provided an email address, cell phone number or text messaging capability, or other means of electronic communication and indicated a preference for this category of contact. The electronic message must alert the customer to possible service disconnection and provides a toll free call back number or call back number local for the customer’s service address (Electronic Communication Contact). An Electronic Communication Contact will be deemed successful unless the utility receives notice, or the utility’s systems show, that the Electronic Communication Contact was not received by the customer.

4.8.1.g. Any of the four methods above shall be deemed a successful personal contact attempt. An Actual Telephone Contact, an Automated Telephone Contact, or an Electronic Communication Contact may be used as an after-hours personal contact attempt.

4.8.2. Grounds for discontinuance and procedure to be followed.

4.8.2.a. A utility may terminate service without notice when, absent such termination, a potentially dangerous condition with respect to the facilities of the utility or of the customer (Dangerous Facilities Condition) exists that could be hazardous to life or property. If a utility terminates service without notice: (1) it must keep a record of the potentially Dangerous Facilities Condition causing the termination and (2) it should make a reasonable effort to notify the customer prior to termination and shall inform the customer of the steps that must be taken to have service restored.

4.8.2.b. A utility may, after giving written notice and complying with personal contact requirements, discontinue service to any customer for non-payment of bills where any bill is delinquent, or for fraud, or violation of its rules on file with the Commission or failure to provide access to utility property located on the customer's premises, subject to the following conditions:

4.8.2.b.1. The written notice must comply with P.S.C. W.Va. Form No. 14-G and shall be sent first class mail, address correction requested, postmarked at least ten (10) days prior to the scheduled termination. A notice of discontinuance may not be mailed prior to the date the bill becomes delinquent.

4.8.2.b.2. Personal Contact Notice.

4.8.2.b.2.A. No Certified Health Condition or outside Seasonal Time Period. In addition to written notice, if a Certified Health Condition does not exist or if the actual termination date falls outside of the Seasonal Time Period defined in Rule 4.8.1.e., the utility is required to make two attempts at personal contact as defined in Rule 4.8.1.f., unless it can be reasonably established that the premises are not permanently inhabited. The attempts must be made on two separate business days, with the last attempt occurring at least forty-eight (48) hours prior to the scheduled service termination and in the case of any category of telephone contact, a call must be placed no earlier than 8 a.m. and no later than 9 p.m. and one of the telephone attempts must be made after 6 p.m.

4.8.2.b.2.B. Certified Health Condition or within Seasonal Time Period. In addition to written notice, if a Certified Health Condition exists or if the termination date falls within the Seasonal Time Period as defined in Rule 4.8.1.e., the utility is required to make three attempts at personal contact as defined in Rule 4.8.1.f., unless it is reasonably established that the premises are not permanently inhabited. The attempts must be made on three separate business days, with the last attempt occurring at least forty-eight (48) hours prior to the scheduled service termination and in the case of any category of telephone contact, a call must be placed no earlier than 8 a.m. and no later than 9 p.m. and one of the telephone attempts must be made after 6 p.m. In addition, at least one of the attempts must be an on-site visit at the service location, unless the customer has threatened the safety of utility personnel as described in Rule 4.8.2.b.14.A.1. through 3. If one of the attempts is an on-site visit and the on-site visit fails to accomplish Actual Personal Contact, then the utility representative shall leave an appropriate written notice with relevant information on termination. If one of the first two attempts is successful, no subsequent attempt(s) is required. If all three attempts at personal contact are unsuccessful, the utility shall file a verified certification in compliance with Rule 4.8.2.b.14.

4.8.2.b.3. The written notice shall become void if the utility has not discontinued service within thirty (30) days of the date indicated on the notice for termination. The thirty (30) day termination notice period shall be tolled, however, during the time that a customer meeting and utility decision are pending under Rule 4.8.2.b.5., or the time that a customer’s dispute, informal complaint, formal complaint or request for assistance is pending with the Commission. If the dispute is not successfully resolved informally, the thirty-day period will resume on the seventh day following issuance of the utility’s decision referenced in Rule 4.8.2.b.5., or the date the Commission closes the request for assistance or issues a final order in a formal complaint.

4.8.2.b.4. If a customer fails to respond to a termination notice and the utility terminates service, the utility is not required to reconnect that customer unless the customer (i) pays up-front a minimum of one-half of the total delinquency or other amount ordered by the Commission, (ii) pays the deposit as provided in the utility tariff, and (iii) enters into a deferred payment agreement under which the remaining balance of the unpaid bills, plus a two (2) percent service fee on the remaining balance, is paid over six months. In addition, the customer must either pay the reconnection fee provided in the utility tariff or in Rule 4.8.3., or, at the customer’s election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement.

4.8.2.b.5. If, prior to termination of service, the customer contacts the utility or the utility makes Actual Personal Contact or Actual Telephone Contact with the customer, the utility must inform the customer that if the customer (i) disputes any portion of a bill, (ii) is being charged for service not rendered, (iii) believes that any information resulting in the utility's decision to terminate is erroneous, or (iv) in the case of a residential customer, the customer wishes to negotiate a deferred payment agreement, then the utility will provide an opportunity to the customer for a meeting to present the customer’s dispute to a designated employee, who is empowered to resolve the dispute and/or negotiate a deferred payment agreement. The customer shall have the option of an in-person meeting with the designated employee, which shall take place at the business office nearest to the customer's residence or place of work, or a meeting by telephone conference. The utility shall provide the customer with written notice of its decision and the written notice shall advise the customer that the customer may object to the utility decision by requesting assistance from, or filing a formal complaint with, the Commission. Formal complaints are processed pursuant to the Commission Rules of Practice and Procedure, 150 C.S.R. 1.

4.8.2.b.5.A. The utility may not terminate service while any of the following is pending: (i) a customer/utility meeting described in Rule 4.8.2.b.5., (ii) a written utility decision following a customer/utility meeting, and during the seven (7) days after issuance of the utility decision, (iii) a request for assistance to the Public Service Commission, and during the seven (7) days after the Commission closes a request for assistance, or (iv) a formal complaint before the Commission and for seven (7) days after issuance of a final order unless the Commission orders otherwise. During the pendency of negotiations with the utility or any process before the Commission, the customer must pay the current bill for service rendered after the utility mailed the P.S.C. W.Va. Form No. 14-G, to avoid termination. If the customer is negotiating a disputed bill, the customer must pay the amount not in dispute plus bills for current service.

4.8.2.b.6. Deferred Payment Agreement.

4.8.2.b.6.A. If a residential customer wishes to negotiate a deferred payment agreement, the designated employee shall offer the customer a standard deferred payment agreement.

4.8.2.b.6.B. A standard deferred payment agreement will include a service fee equal to two percent (2%) of the delinquency and a pay-off amount consisting of the delinquency balance and the service fee, in twelve monthly payments. For example, a delinquency balance of $1,176.47, would be assessed a service fee of two percent or $23.53, for a total pay-off amount of $1,200, resulting in twelve monthly payments of $100 in addition to current bills. If a residential customer desires a payment period that is shorter than twelve (12) months, the utility shall accept the shorter term. A utility may elect to use a standard deferred payment agreement that does not include a two percent (2%) service fee provided it offers the same no-service-fee plan to all residential customers in a tariff provision.

4.8.2.b.6.C. If a residential customer believes that the customer cannot afford the monthly payments required under a standard deferred payment agreement, then the utility and the customer may negotiate a non-standard deferred payment agreement. In negotiating the non-standard deferred payment agreement, the parties will take into consideration factors including, but not limited to: amount of the bill; ability of the customer to pay; payment history; length of time that the debt has been outstanding; reasons why the debt has been outstanding; and any other relevant factors.

4.8.2.b.6.D. Every deferred payment agreement with a residential customer shall include language stating that the utility has informed the customer of the right to request assistance or file a formal complaint with the Commission regarding the reasonableness of the proposed payments.

4.8.2.b.6.E. A residential customer who requests to negotiate a non-standard deferred payment agreement because of the customer’s financial circumstances may request assistance or file a formal complaint if the utility does not agree to the terms for the non-standard deferred payment agreement.

4.8.2.b.6.F. If negotiations for a non-standard deferred payment agreement with the utility or pursuant to a request for assistance fail, then the customer shall have seven (7) days from the date that negotiations end to elect to enter into a standard deferred payment agreement. If the customer does not elect the standard deferred payment agreement before the expiration of the seven (7) days, then the utility may terminate service without further notice.

4.8.2.b.6.G. After a deferred payment agreement has been established, if the customer’s financial condition significantly changes and the existing deferred payment agreement works a hardship, the utility shall renegotiate the deferred payment agreement. During the renegotiation period, the customer must timely pay the current bill and make some payment on the arrearage. The utility shall not be required to renegotiate a deferred payment agreement due to a significant change in financial circumstances more than once.

4.8.2.b.6.H. If a customer fails to make a payment required by a deferred payment agreement, the utility may terminate service only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, either Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the delinquent payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.

4.8.2.b.6.I. A utility that terminates a customer for failure to comply with a deferred payment agreement is not required to reconnect that customer unless the customer (i) pays up-front a minimum of one-half of the total delinquency or other amount ordered by the Commission, (ii) pays the deposit as provided in the utility tariff, and (iii) enters into a new deferred payment agreement under which the remaining balance of the prior deferred payment agreement will be paid over six (6) months. In addition, the customer must either pay the reconnection fee provided in the utility tariff or in Rule 4.8.3, or, at the customer’s election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement. The utility may charge an additional one (1) percent service fee on the balance being deferred by the new deferred payment agreement. If a customer’s gas service has been terminated two (2) times in a twelve (12)-month period for failure to comply with a deferred payment agreement the utility has no obligation to offer a deferred payment agreement to that customer until the delinquency has been paid in full.

4.8.2.b.7. If a customer fails to make a payment as ordered by the Commission in an interim relief order, the utility may terminate service only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the delinquent payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.

4.8.2.b.8. If a residential customer, or the customer’s agent, has requested that the utility contact a relative or responsible third party prior to any termination or other material action on the account, the utility shall provide all written notices regarding termination to both the customer and the designated relative or responsible third party. The utility shall provide the required personal contact notice to the designated relative or responsible third party. The utility may, but is not required to, provide personal contact notice to the customer.

4.8.2.b.9. Service shall not be discontinued on a day:

4.8.2.b.9.A. on which the utility or its designated agent is unable to accept payment and to negotiate a deferred payment agreement;

4.8.2.b.9.B. preceding a day on which the utility or its designated agent is unable to accept payment and to negotiate a deferred payment agreement;

4.8.2.b.9.C. that the National Weather Service predicts the temperature to be thirty-two (32) degrees or colder at or near the customer’s service location .

4.8.2.b.9.D. that is a Friday, Saturday, Sunday or legal holiday.

4.8.2.b.10. Service shall not be discontinued earlier than 8:00 a.m. or later than 4:00 p.m.

4.8.2.b.11. Service shall be reinstated as soon as possible and no more than eight (8) hours after receipt of payment, unless the customer has elected a later reconnection time to avoid a higher reconnection fee.

4.8.2.b.12. The utility may, but is not required to accept payment at the customer's premises in lieu of discontinuing service. The utility must suspend the disconnection process if the customer shows proof of payment. If the utility suspends disconnection because the customer shows proof of payment and that payment is later dishonored by the customer’s bank, the utility may resume the disconnection process only after it has mailed written notice to the customer by first class mail, postmarked at least five (5) calendar days, excluding postal holidays, prior to termination; provided, that at the option of the utility, either Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact may be substituted for contact by first class mail. If the customer makes the required payment before the end of the fifth calendar day following any notice listed above, service shall not be terminated.

4.8.2.b.13. If the customer of record responsible for payment of a utility bill is: (i) a landlord of a master metered apartment building, motel, hotel, or other multiple unit dwelling, or (ii) a third party who is a non-resident of the single service location, then written notice of termination, using Form 14-ME, shall be posted at least five (5) days prior to the scheduled termination. The notice for a master metered multiple unit dwelling shall be placed in a conspicuous common area at a location readily available for public inspection. Whenever possible, copies shall also be posted on the main doors of each dwelling in the facility. The notice for single unit dwellings occupied by third parties shall be placed on the main door of the dwelling.

4.8.2.b.14. If after making three (3) attempts at personal contact with a residential customer in conformance with Rule 4.8.2.b.2.B, the utility is unable to make Actual Personal Contact, Actual Telephone Contact, Automated Telephone Contact or Electronic Communications Contact, the utility is required to file a verified certification with the Commission within five (5) business days of termination of utility service:

4.8.2.b.14.A. certifying the utility attempted to make personal contact as required by these rules, including making a premises visit, or if no premises visit is made, certifying that the customer or member of the household:

4.8.2.b.14.A.1. has been verbally or physically aggressive or abusive to employees;

4.8.2.b.14.A.2. has threatened employees with vicious animals;

4.8.2.b.14.A.3. has brandished or made reference to weapons; or

4.8.2.b.14.B. indicating whether a Certified Health Condition or Seasonal Time Period gave rise to the requirement to make three attempts at personal contact;

4.8.2.b.14.C. certifying the date utility service was terminated.

4.8.2.b.14.D. certifying that the termination was in compliance with these rules, including Rule 4.8.2.b.9.

4.8.2.b.15. A bill which has been found to be contractually uncollectible by a court of competent jurisdiction or could reasonably be found to be uncollectible by reason of the statute of limitations shall not be used by a utility to deny or discontinue service.

4.8.3. Charge for reconnection -- Whenever utility service is terminated pursuant to Rule 4.8.2. above, the utility may make a charge of five dollars ($5.00) for reconnection of service, unless otherwise provided in an effective tariff on file with the Commission. If the customer and the utility enter into a deferred payment agreement, the customer must pay the reconnection fee provided in the utility tariff, the five dollars ($5.00), or, at the customer’s election, the utility will incorporate the applicable reconnection fee into the amount to be paid pursuant to the deferred payment agreement.

4.8.4. The utility shall not refuse, deny, or discontinue service to an applicant or present customer due to a delinquency in payment for service by a previous occupant of the premises to be served unless such applicant or present customer and such previous occupant are members of the same household and were members of the same household at the time the delinquent bill was incurred.

4.8.5. The Commission may waive the application of any provision of this rule if it is demonstrated that the operation of any such provision will result in an undue hardship to the utility or the customer. This provision is to be invoked only in exceptional cases and shall not be used to attempt to gain a general waiver of the application of the entire rule by either the utility company or the customer.

4.9. Refusal to serve applicant.

4.9.1. Noncompliance with rules and regulations -- Any utility may decline to serve an applicant until he/she has complied with the State and municipal regulations governing gas service and the Commission approved rules and regulations of the utility.

4.9.2. Utility's facilities inadequate -- Until adequate facilities can be provided, a utility may decline to serve an applicant if, it does not have adequate facilities to render the service applied for, or if the desired service is of a character that is likely to affect unfavorably service to other customers. When service is denied on the basis of this rule, a time schedule for correcting the deficiency must be provided to the applicant.

4.9.3. Applicant's facilities inadequate -- The utility may refuse to serve an applicant, if the applicant's installation of the customer service, customer buried or house piping or gas-burning equipment is regarded as hazardous or of such character that satisfactory service cannot be given.

4.9.4. Applicant's recourse -- In the event that the utility shall refuse to serve an applicant under the provisions of this rule, the utility must inform the applicant that the question may be submitted to the Commission for decision.

4.10. Change in character of service -- In case any substantial change is made by a utility in the composition of the gas, the pressure, or other conditions which would affect the efficiency of operation or adjustment of appliances, the appliances of all customers in the district affected shall be inspected and shall be readjusted, if necessary, by the utility for the new conditions without charge.

4.11. Access to property.

4.11.1. The utility shall at all reasonable times have access to meters, service connections and other property owned by it on customer's premises, for the purpose of maintenance and operation. Neglect or refusal on the part of the customers to provide the utility reasonable access to its meters, service connections, and other property for the above purposes shall be deemed to be sufficient cause for discontinuance of service on the part of the utility.

4.11.2. Identification for employees -- Every employee, whose duties regularly require him to enter the homes of customers shall wear a distinguishing uniform or insignia identifying him as an employee of the utility and shall carry on his person an identification card which will identify him as an employee of the utility. The identification card shall contain a photograph of employee and the telephone number of the utility as well as other pertinent information necessary to identify the employee. All other employees, whose duties require occasional entry into the homes or premises of customers, shall carry an identification card containing information as herein required.

4.12. Service Interruptions.

4.12.1. Records of Interruptions -- Each utility shall keep a record of any interruption of service affecting its entire system or a major division thereof, including a statement of the time, duration, and cause of the interruption.

4.12.2. Notification to Customer -- Insofar as practical, every customer affected shall be notified in advance of any planned work which will result in interruption of service, but the notice shall not be required in case of interruption due to emergency, accidents, acts of God, public enemies, or strikes which are beyond the control of the utility.

4.12.3. Curtailment.

4.12.1.a. Each utility shall report to the Commission any planned curtailment, to any class of customers (except contractually permitted curtailment to interruptible customers), prior to such curtailment, the following information:

4.12.1.a.1. Reason for curtailment.

4.12.1.a.2. Date and hour curtailment is to begin.

4.12.1.a.3. Class or classes of customers to be curtailed. (This should include sales for resale).

4.12.3.a.4. Number of customers affected in each classification.

4.12.3.a.5. Percent of curtailment being requested in each classification.

4.12.3.b. As soon as the curtailment request has been cancelled, the utility shall inform the Commission.

4.12.3.b. The utility shall file a detailed report, not later than June 1, of each year, of all curtailments made during the year ending March 31, showing the following:

4.12.3.c.1. Date or dates curtailment was in effect.

4.12.3.c.2. Percent of curtailment by classification of customers, and number of customers affected in each classification.

4.12.3.c.3. Total Mcfs curtailed, by months and by classes of customers.

4.12.3.c.4. Names of all wholesale (sales for resale) customers affected by the curtailment and the amount, in percent and Mcf, for each customer.

4.13. Temporary service -- In the case of temporary service for short-term use, the utility may require the customer to pay all costs of making the service connection and removing the material after the service has been discontinued, or to pay a fixed amount in advance to cover such expense: Provided, however, that if the material is removed the customer shall be credited with the reasonable salvage which the utility shall receive on discontinuance.

4.14. Residential conservation service program -- A public utility subject to the jurisdiction of this Commission and to which Part I, Title II of the National Energy Conservation Policy Act (Pub. L. 95.619,92 Stat. 3206 et seq.) as amended by the Energy Security Act (Pub. L. 96-294, 94 Stat. 611 et seq.) (hereinafter NECPA), is applicable may recover reasonable costs associated with the implementation of the utility program under NECPA in the following manner:

4.14.1. All amounts expended by a public utility for providing information under subsection (a), Section 215 of NECPA are to be treated as a current expense of providing utility service and charged to all ratepayers of such utility in the same manner as current operating expenses of providing utility service.

4.14.2. All amounts expended by a public utility to carry out subsection (b), Section 215 of NECPA by conducting or causing to be conducted a Class A energy audit, for a particular residential customer may be recovered directly from the residential customer for whom the activities are performed: Provided, that the amount recovered from said residential customer for whom the Class A energy audit described in subsection (b) is performed shall not exceed a total of fifteen dollars ($15.00) per dwelling unit or the actual cost of such activities, whichever is less.

4.14.3. All amounts expended by a public utility to carry out subsection (b), Section 215 of NECPA, including a Class B Energy audit, which are not recovered directly from the residential customer for whom a Class B energy audit or the activities described in said subsection (b) are performed, and all administrative and general costs incurred by a public utility in carrying out a utility program under NECPA, including Class B energy audits, may be recovered by the utility as a current expense of providing utility service and charged to all ratepayers of such utility in the same manner as current operating expenses of providing utility service.

4.14.4. All amounts expended by a public utility for labor and materials for the purchase or installation of any residential energy conservation measure under Section 216 of NECPA shall be recovered from the residential customer for whom such purchase or installation is performed.

4.15. Reduced rates for low income residential customers.

4.15.1. Tariff filings - Within fifteen (15) days of the adoption of this rule, every public utility, other than a municipality or cooperative gas utility, which provides gas service to residential customers within the State of West Virginia subject to regulation by the Commission shall submit new tariff sheets, or an amendment or rider to its existing tariff sheets, to the Commission for its approval. Each utility's new tariff sheets, or amendments or rider to existing tariff sheets, shall contain a new Special Reduced Rate Residential Service rate schedule ("SRRRS rate schedule"), or Special Reduced Rate Residential Service amendment or rider ("SRRRS amendment or rider"), applicable to gas service provided during the billing months of December, January, February, March, and April to residential customers who qualify for special reduced rates under the provisions of W. Va. Code § 24-2A-1: Provided, however, that a public utility shall not be required to file new tariff sheets under this rule if the utility has submitted new tariff sheets, or an amendment or rider to its existing tariff sheets since April 4, 1984, which contain new Special Reduced Rate Residential Service rate applicable to the billing months of December, January, February, March and April, and said tariffs have been approved by the Commission and are consistent with provisions of this rule.

4.15.1.a. The rate(s) charged for service under each SRRS rate schedule, or amendment or rider, of a utility shall be twenty percent (20%) less than the rate(s) charged for the same service under that utility's standard residential rates. This twenty percent (20%) discount shall apply to customer charges, minimum charges, usage charges, and any charges based on usage during the specified billing month(s) for which customers are eligible to receive the special reduced rates. If a customer is eligible to receive service under an SRRRS rate schedule and the customer is paying bills in accordance with the utility's budget payment plan, the customer shall be credited during any billing month for which the customer is eligible for the special reduced rates with the twenty percent (20%) discount based on the customer's actual usage during that billing month, regardless of the amount of the customer's budget payment plan bill.

4.15.1.b. The terms and conditions of service under each SRRRS rate schedule, or amendment or rider, offered by a utility shall comply with all relevant requirements and conditions set forth in W. Va. Code § 24-2A-1, insofar as such requirements and conditions are applicable, and shall conform in all other respects to the terms and conditions under the utility's standard residential rate schedule.

4.15.1.c. Each utility required to offer special reduced rates under W. Va. Code § 24-2A-1 shall maintain tariff sheets, or amendments or riders to existing tariffs which contain Commission approved SRRRS rate schedules, amendments or riders. No modification may be made to such tariffs, amendments or riders without prior Commission consent.

4.15.2. Utility's responsibility upon application for special reduced rate -- Each utility offering special reduced rates shall accept applications for service under such rates from:

4.15.2.a. Any current customer, and

4.15.2.b. Any person who subsequently becomes a customer in his/her own right who makes such application in accordance with rules adopted by the West Virginia Department of Human Services pursuant to W. Va. Code § 24-2A-1(b). However, if an SSI, AFDC, AFDC-U or food stamp recipient is living in a household which is served under the name of a person living in that household who is not an SSI, AFDC, AFDC-U or food stamp recipient, that service may not be changed subsequent to March 12, 1983, to the name of the SSI, AFDC, AFDC-U or food stamp recipient in order to qualify for service under the special reduced rates: Provided, that nothing in this section shall cause a utility to deny extension of special reduced rates to any customer on the basis that the customer is not a recipient of aid under any eligible program when said customer is:

4.15.2.b.1. A member of the support group or payment group receiving aid under AFDC or AFDC-U, as determined by the Department of Human Services; or

4.15.2.b.2. A member of the support group or payment group receiving food stamps, as determined by the Department of Human Services, and is over sixty (60) years of age; or

4.15.2.b.3. The spouse of a person who is over sixty (60) years of age and a recipient of food stamps; or

4.15.2.b.4. The spouse of a person who receives Social Security Supplemental Security Income (SSI); or

4.15.2.b.5. Otherwise determined to be eligible to receive such special reduced rates.

4.15.3. For the purpose of applying special reduced rates under W. Va. Code § 24-2A-1, et seq., a person shall be determined to be a customer of a utility if the person is a member of a household receiving gas service and such service is provided in that person's name. However, if the person in whose name gas service is provided is verified to no longer be a member of the household for reasons which include death or divorce, the customer shall be determined to be any person residing in the household receiving gas service who could be held to be legally accountable or is considered by the utility to be responsible for all or a portion of the utility bill. Verification that the person in whose name service is provided is no longer a member of the household shall be provided by presentation of a death certificate, divorce papers or other reliable documentation or by verification from the Department of Human Services.

4.15.4. Each utility offering special reduced rates shall maintain documentation regarding the resolution of individual applications for special reduced rates. The information contained in said records shall include names, addresses or other information which adequately identifies the applicant, the date on which the individual application was tendered to the utility, and the utility's determination with respect to the application.

4.15.5. After any period (including a period during which special reduced rates are not in effect) during which a customer does not receive service under an SRRRS rate schedule, or amendment or rider, that customer must reapply in order to receive service under such a rate schedule, or amendment or rider.

4.15.6. Provision of service under special reduced rate -- In determining whether an applicant is eligible to receive special reduced rates, a utility is entitled to rely on the information provided to it directly or indirectly by the West Virginia Department of Human Services.

4.15.6.a. Each utility offering special reduced rates shall use due diligence to reflect charges thereunder on the bills it renders to customers entitled to service under such rates. However, no utility shall be required to alter the timing of its meter reading or billing schedules, but may make adjustment to subsequent bills to correct billing errors or to reflect the effects of a customer beginning, continuing, or ceasing to be entitled to receive service under the special reduced rates.

4.15.7. Certification of deficiency -- Once a year, beginning in the year 1984, each utility offering special reduced rates may make application to the Commission for a determination and certification of the revenue deficiency which it has experienced as a result of offering service under the special reduced rates instead of under the utility's standard residential rates. Each such application should contain sufficient information to enable the Commission to determine the revenue deficiency experienced by the utility making the application. This information shall include a comprehensive monthly report of the utility's disposition of the applications received and the resulting revenue deficiency for each month by completion of attached PSC WV Form 214.6A and a summary report for the entire certification period by completion of attached PSC WV Form 214.6. All information submitted for determination and certification of a utility's revenue deficiency shall be verified by the utility to be true and accurate to the best of its knowledge and information. Each determination and certification of a revenue deficiency shall be issued in the form of a final order.

4.15.8. Notice to customers -- It shall be the responsibility of the utilities to adopt policies for providing notice to their customers of the availability of and advantages of the discount program.

4.15.8.a. The utilities shall be required to provide notice to their customers at least once each fall prior to the winter heating season, concerning the availability of the discount program. The notice shall state in bold face type that the customer must reapply each year to obtain the discount program benefit.

4.16. Budget payment plans. In addition to the regular budget plan, a utility must elect to provide either a partial year budget plan or both a low income budget plan and a hardship budget plan. A utility may also choose to provide all three.

4.16.1. Regular Budget Plan for Residential Customers.

4.16.1.a. Each gas utility must offer to all residential customers who use gas as the primary source of space heating and/or cooling, on an optional basis, an opportunity to pay for gas service on a monthly basis under the provisions of a budget payment plan.

4.16.1.b. A customer who enters a regular residential budget plan shall be billed a true up amount on or about the utility’s regular budget plan anniversary date, unless the utility has an alternative Commission approved true up plan. An annual true up may result in either a customer payment, or a utility refund.

4.16.1.c. The residential budget payment plan shall offer equal, or relatively equal monthly payments based on an estimate of the total of a customer's twelve monthly bills over the next application period. The regular residential budget plan shall be reasonably balanced between the customer and the company thereby giving no financial advantage to either party.

4.16.2. Partial year budget plan for Residential Customers.

4.16.2.a. At the utility’s option, the utility may allow its residential customers to enter into a partial year budget plan starting at any time of year, in lieu of the low income budget plan requirements set forth below.

4.16.2.a.1. A customer who enters a partial year budget plan will be billed a true up amount on or about the utility’s regular budget plan anniversary date, unless the utility has an alternative Commission approved true up plan. An annual true up may result in either a customer payment, or a utility refund.

4.16.2.a.2. As of the utility’s next regular budget plan anniversary date, a customer who has been in a partial year budget plan, shall convert to a regular budget plan, unless the customer specifically requests to be returned to a regular monthly billing schedule. The utility shall provide notice to the customer that returning to a regular monthly billing schedule shall make the customer ineligible for a partial year budget plan for twelve (12) months from the date the customer refuses to convert to the regular budget plan.

4.16.2.a.3. A utility may deny a customer’s request to enter a partial year budget plan, if the customer has been on a partial year budget plan during either the previous or the current year, and refused to convert to a regular budget plan on the utility’s budget plan anniversary date.

4.16.3. Commercial Customers -- A utility may offer, but is not required to offer, a budget payment plan to commercial customers.

4.16.4. Low income Budget Plan.

4.16.4.a. If a utility does not allow its residential customers to enter into a partial year budget plan starting at any time during the year (see Residential Budget Plan requirements above), the utility must provide a low income budget plan. The low income budget plan may begin in any month and will extend for the next consecutive eleven (11) months. The end of this twelve (12) month total period will be the customer’s budget plan anniversary date. This anniversary date applies for each year a customer remains on a low income budget plan.

4.16.4.a.1. A customer in a low income budget plan will be billed a true up amount on or about the customer’s anniversary date for his or her low income budget plan, unless the utility has an alternative Commission approved true up plan. An annual true up may result in either a customer payment, or a utility refund.

4.16.4.a.2. A customer on a low income budget plan will continue on that plan until the customer requests otherwise.

4.16.4.b. To be eligible to enter a low income budget plan at any time during the year, a customer must meet all of the following criteria:

4.16.4.b.1. the customer must certify that he/she has an annual household income of no more than 1.5 times the federal poverty level as published annually in the Federal Register by the Federal Department of Health and Human Services as the "Annual Update of the HHS Poverty Guidelines; Notice"; and

4.16.4.b.2. if a low income budget plan has been previously entered into, such plan must be successfully completed in order to be eligible for a new low income budget plan, or the customer must have removed all prior arrearage in his/her account, unless the utility agrees to carry any arrearage forward.

4.16.4.c. If a utility receives assistance payments on behalf of a customer after entering into a low income budget plan, such assistance payments shall count toward the monthly payment(s) due from the customer based on actual usage, or may be used to reduce the monthly payment due under the low income budget plan, at the option of the customer.

4.16.5. Hardship budget plan.

4.16.5.a. If the utility has elected to provide a low income budget plan, customers who do not meet the qualifications for a low income budget plan may request that the utility place them on a hardship budget plan to begin in any month and to extend for the next consecutive eleven (11) months. The end of this twelve (12) month total period will be the customer’s budget plan anniversary date. This anniversary date applies for each year a customer remains on a hardship budget plan.

4.16.5.a.1. A customer in a hardship budget plan will be billed a true up amount on or about the anniversary month of his or her hardship budget plan, unless the utility has an alternative Commission approved true up plan. An annual true up may result in either a customer payment, or a utility refund.

4.16.5.a.2. A customer on a hardship budget plan will continue on that plan until the customer requests otherwise.

4.16.5.b. To be eligible to enter into a hardship budget plan, a customer must satisfactorily demonstrate to the utility that his/her existing financial obligations preclude payment of the customer’s current bill in full.

4.16.6. General Provisions -- These provisions apply to each type of budget payment plan offered by the utility.

4.16.6.a. For customers eligible to enter a regular, partial, low income, or hardship budget plan, utilities must calculate a monthly payment that is a combination of the budget payment amount and all delinquencies, including, but not limited to, those that have been previously placed into a deferred payment agreement pursuant to Rule 4.8.2.b.6. Bills are due when rendered and become delinquent if not paid within thirty (30) days.

4.16.7. Notice to customers.

4.16.7.a. Existing customers -- Each gas utility shall annually notify its customers of the availability and advantages of each type of budget payment plan offered by the utility.

4.16.7.b. New customers -- The utility must also notify new customers of the availability of each such budget payment plan when new customers apply for service.

4.16.7.c. Information on bills -- In order to keep customers informed of their performance under any budget plan, the utilities shall ensure that each bill show the amount of gas used (Mcf) during the billing period, the actual cost of present usage, the budget payment amount due and the current net credit/debit applicable to the customer’s account.

W. Va. Code R. § 150-4-5 Engineering Requirements

5.1. Adequacy of facilities.

5.1.1. Construction and maintenance of plant.

5.1.1.a. Each utility shall at all times construct and maintain its entire plant and system in such condition that it will furnish safe, adequate and continuous service.

5.1.1.b. The standards as set out by the United States Department of Transportation entitled "Transportation of Natural and Other Gas by Pipeline: Minimum Safety Standards" and amendments thereto, as published in Title 49 CFR Parts 191 and 192, shall be accepted as standards for construction and the maintenance of safe and adequate service.

5.1.2. Inspection of plant -- Each utility shall inspect its plant and facilities in such manner and with such frequency as may be necessary to ensure a reasonably complete knowledge as to their conditions and adequacy at all times. Such inspections must comply with the requirements of the Federal Minimum Safety Standards, as published in Title 49 CFR Part 192.

5.1.3. Records of conditions -- Records of the conditions found necessary for the proper maintenance of the system and in accordance with the Federal Minimum Safety Standards shall be kept of the conditions found. In special cases, a more complete record may be specified by the Commission.

5.1.4. Records of operation -- Each utility shall keep a record of the operation of its plant, which, so far as practical, shall show such details of plant operation as may be necessary to substantially reproduce its operations. The records shall also be maintained in accordance with the requirements of the Minimum Safety Standards.

5.1.5. Reports to Commission -- Each utility shall, upon request of the Commission, file with the Commission a statement regarding the condition and adequacy of its plant, equipment, and facilities, and of its operations and service in such form as the Commission may require.

5.2. Interstate operation -- Every utility shall measure and record separately the quantity of gas which it exports out of the State of West Virginia, and the quantity imported into West Virginia.

5.3. Lost and unaccounted for gas.

5.3.1. Waste -- all practices in the production, distribution, consumption, or use of natural gas which are wasteful are hereby expressly prohibited.

5.3.2. Determination of Required -- Each utility shall determine either by measurement or by estimate, the amount of gas "lost and unaccounted for" in each division of its system, that is, production, transmission and distribution; and report, separately, to the Commission in its annual report, the amount of such "lost and unaccounted for" gas and the length in feet of each size of pipe, in each division. In reporting "lost and unaccounted for" gas, the utility shall show, when data is available, amounts attributable to billing lag and pressure differences.

5.3.3. Production and transmission system.

5.3.3.a. In case the amount of "lost and unaccounted for" gas is not determined from measurement, the utility shall make pressure drop tests each year on selected lines in the production and/or transmission system. The 3-inch equivalent length of lines or lines tested shall be not less than five percent (5%) of the total miles of 3-inch equivalent main in such systems.

5.3.3.b. In selecting lines for pressure drop tests, the utility shall consult with the Public Service Commission regarding locations for making such tests, and shall advise the Commission of the time and place such tests are to be made in order that the Commission may send a representative to witness the test, if it so desires.

5.3.4. Distribution systems -- Utilities shall measure gas into their distribution plants for the purpose of obtaining data necessary to conduct a safe operation of the system.

5.3.5. Basis of estimates -- When reporting the amount of "lost and unaccounted for" gas which has been determined by estimate, the utility shall set out in detail the manner in which the estimate was made, including in such explanation all known facts and methods used in making the estimate.

5.4. Installation of services and meters.

5.4.1. Displacement meters -- All gas utilities shall adopt standard methods for installing meters. Such methods shall be set out with a written description and with drawings to the extent necessary for a clear understanding of the requirements, and submitted to the Commission for approval. Copies of approved standard methods shall be made available to prospective customers and contractors, or others engaged in the business of placing pipe for gas utilization (residential only).

5.4.2. Orifice meters -- All orifice meter settings shall be constructed and maintained in accordance with accepted good practice. (Accepted good practice at present is best indicated by the American Gas Association Gas Measurement Committee Report No. 3, or amendments thereto). All orifice meters installed in accordance to American Gas Association Gas Measurement Committee Report No. 2 need not be remodeled in accordance with Committee Report No. 3 unless the utility elects to do so.

5.4.3. Company service -- In connecting its distribution mains to the customer's premises, the utility shall furnish, install and maintain the following, which shall remain its property: the company service piping, including a service connection to the main, defined in Rule 2.3.2., including a service tee or saddle, curb box, and curb valve. All of the foregoing shall be designated as the "company service piping."

5.4.4. Customer service piping –

5.4.4.a. Installation -- The customer, or the customer’s designee, shall furnish and install the necessary pipe to make connection from the company service provided by the utility at the property line abutting the utility's main, to the inlet of the meter. The customer service piping shall be installed by the customer in accordance with the utility's safety requirements for such installation. The utility’s safety requirements are set forth in its tariff as required pursuant to Rule 8.3., infra. In the installation of customer service piping, the customer must not install any tees or branch connections. Further, if plastic piping is installed, tracer wire and warning tape for direct burial must be used so that the plastic line may be readily located.

5.4.4.b. Inspection and connection by utility -- The customer, or the customer’s designee, must leave the trench open and pipe uncovered until the customer service piping is inspected by an individual on behalf of the utility who has been determined to be qualified by the utility for such inspection tasks in compliance with 49 C.F.R. part 192, and is shown to be free of any irregularity or defect. The customer service piping must be connected at each end and tested by the utility, or the utility’s designee, prior to initiation of service.

5.4.4.c. Maintenance -- The customer service piping is sometimes owned by the customer, and other times owned by the utility. The customer shall not make any change in or interfere with the customer service piping without the utility’s approval. The customer shall keep the customer service piping in good repair, if the customer owns the customer service piping. Regardless of who owns the customer service piping, the utility shall operate and maintain the customer service piping. For purposes of this rule, operation and maintenance shall include

5.4.4.c.1. locating (as close as practicable) and marking the customer service piping as part of a damage prevention program, using the utility’s best efforts;

5.4.4.c.2. cathodically protecting, in case of metal pipe installed after July 31, 1971, and monitoring the customer service piping for external corrosion; 5.4..c.3. conducting periodic leakage surveys, and if an unsafe condition is found, shutting off the flow of gas.

5.4.4.c.3.A. If the customer owns the customer service piping, advising the customer of the need to repair the unsafe condition in accordance with the utility’s safety requirements as set forth in its tariff.

5.4.4.c.3.B. If the utility owns the customer service piping, repairing the unsafe condition; and

5.4.4.c.4. testing to reinstate service on a disconnected line.

5.5. Extension of mains -- Extensions shall be made to the utility's mains in accordance with the following provisions:

5.5.1. Free extensions.

5.5.1.a. Whenever an extension of a utility's distribution system is necessary in order that an applicant or group of applicants may receive service in the territory within which the utility operates, the utility shall extend its mains, without cost to the applicant or applicants, for a distance of 100 feet for each applicant who actually takes the service when gas is available.

5.5.1.b. Nothing contained herein shall be construed to prohibit a utility from making, at its expense, longer free extensions than herein prescribed, should its judgment so dictate, provided like free extensions are made to other applicants under similar conditions.

5.5.2. Extensions subject to surcharge -- When an extension of a utility's mains, longer than that provided for in Rule 5.5.1.a. is necessary in order that an applicant or a group of applicants may receive service, the utility shall install the additional main according to the following provisions:

5.5.2.a. The utility shall build the entire extension at its own cost.

5.5.2.b. The total construction cost of the extension shall be determined in accordance with the Commission's classification of accounts for gas utilities, and from such total construction cost there shall be deducted:

5.5.2.b.1. Costs incident to any increase in the size of the main in excess of 4-inch pipe size, (unless larger pipe size is necessary to provide adequate and satisfactory service) increase in length necessary for future expansion or to continue a construction plan of the utility; and costs necessary to correct inadequate capacity.

5.5.2.b.2. The total construction cost of that portion of the extension constituting a free extension, which includes meters, service regulators, and service connections.

5.5.2.c. The remaining cost shall be used as a base for determining the surcharge.

5.5.2.d. The cost per foot of the extension shall be based upon the average installed cost per foot for the entire extension after deducting the items enumerated in Rule 5.5.2.b.1. and Rule 5.5.2.b.2.

5.5.2.e. The total surcharge shall be twelve percent (12%) per annum of the surcharge base.

5.5.2.f. The twelve percent (12%) per annum shall be equally divided between all customers: Provided, however, that in case an industrial or commercial customer desires to be served from the proposed extension, such customer shall assume that proportion of the twelve percent (12%) per annum which is represented by the ratio of such customer's estimated annual consumption to the total estimated annual consumption of all customers on the proposed extension. The remainder the monthly surcharge shall be divided between the remaining customers.

5.5.2.g. In order to limit the number of different surcharges, all monthly surcharges shall be adjusted to the nearest five (5) cents.

5.5.2.h. Surcharges will be adjusted downward only, at the end of each calendar year, to adjust for additional customers who have been added to the extension during the year. Such adjustment of surcharges shall be continued until the computed surcharge is to two and one-half (2 ½) cents or less, at which time the extension attains the status of a free extension, and the surcharge shall be discontinued entirely.

5.5.3. Extensions not more than 200 feet per customer -- When an extension of the utility's mains to serve an applicant or group of applicants amounts to more than one hundred (100) feet, but not more than two hundred (200) feet, per applicant, the utility shall make the extension and each applicant will be subject to a surcharge on the number of feet of main installed greater than the free extension of one hundred (100) feet per applicant.

5.5.4. Extensions more than 200 feet per customer.

5.5.4.a. When an extension of the utility's mains, to serve an applicant or group of applicants, amounts to more than two hundred (200) feet per customer, the total cost of the excess footage over two hundred (200) feet per customer shall be deposited with the utility by the applicant or applicants, or through their authorized agent, based on the average estimated cost per foot of the total extension. This deposit shall be subject to refund as hereinafter provided. Each customer receiving gas service from such extension will be billed under rates plus the surcharge applicable as set forth herein above.

5.5.4.b. At the end of each calendar year, for a period of ten years, the utility will refund to the customer or customers, or their duly authorized agent, who paid for the excess footage over 200 feet per customer, the cost of additional footage over 200 feet of pipe, in place, but not to exceed 200 feet for each additional customer, as of December 31, each year, but in no case shall the total amount refunded exceed the amount paid the utility. After ten (10) years no refund will be made. No reduction in surcharge will be made until all parties who paid for the extension over two hundred (200) feet per customer have been reimbursed, or until ten (10) years have elapsed since completion of construction, and when either of such occurrences shall take place then Rule 5.5.2.h. hereof shall apply.

5.5.4.c. Each additional customer added to the extension after original surcharge has been established, shall pay the applicable surcharge.

5.5.5. Term of agreement – The term of the contract shall be for one (1) year except that the utility may require a longer term, not to exceed for (4) years, for commercial and industrial customers. At the expiration of the initial term, the agreement will continue in effect from year thereafter, unless the customer shall notify the utility, in writing, of a desire to cancel the contract, not less than thirty (30) days prior to the termination of the initial contract period, or thirty (30) days prior to the termination of any contract year thereafter.

5.5.6. Construction conditions -- Construction of line extensions, as provided in this rule, shall be undertaken promptly after all negotiations have been completed and necessary right-of-way agreements have been delivered to the utility, all prospective customers have signed contracts, and after not less than fifty percent (50%) of the contract signers have completed the customer service, buried and house piping necessary to serve their premises and are ready to receive service. The mains shall be constructed over the most practicable route. The surcharge shall be based on the number of customers who actually take the service when gas is available to them.

5.5.7. Right-of-way -- With respect to the item "right-of-way", it is the purpose of this rule that utilities shall not in general be required to build line extensions over private rights-of-way. If the construction of an extension involves the utility's incurring expense for right-of-way easements, either by purchase or condemnation, the cost of said right-of-way, together with all costs of securing, and other related costs, shall be included in the cost of the extension.

5.5.8. Customer service piping -- The customer shall supply the customer service piping, the customer buried piping, the house piping, all rights-of-way, railway and other crossing permits, and all construction necessary to bring the terminus of the customer service piping to a location where it can be connected to the company service as fixed and provided for in these rules.

5.5.9. Exception to extension rule.

5.5.9.a. The utility may be relieved by the Commission from making extensions under the foregoing rule after presenting to the Commission data showing the purposes for the proposed extension to be of a temporary, unreliable or intermittent nature or if unusual conditions make the cost of the extension economically prohibitive.

5.5.9.b. Nothing contained herein shall be construed to prohibit a utility from making extension of mains under difference arrangements, should its judgment so dictate, provided the above rule is fully explained to the applicant or applicants, and like arrangements are made to other applicant or applicants under similar conditions.

5.5.10. Extension of an extension.

5.5.10.a. If an extension is made to an existing extension, subject to surcharge, and the surcharge computed for the new extension is equal to or less than the surcharge on the existing extension, the existing extension and the addition thereto shall be considered as one extension and a new surcharge shall be determined which will be applicable to all customers on the combined extensions.

5.5.10.b. An extension to an extension which requires surcharges greater than those prevailing on the extension from which it originates, will be considered as a separate extension. When the surcharges become equal, the two shall be considered as a single extension.

5.5.11. Extensions applicable in real estate subdivisions.

5.5.11.a. The applicant desiring an extension to a prospective real estate subdivision shall pay the entire cost of the extension. The utility may require the applicant to deposit an amount equal to the estimated cost of the project before construction is started, which deposit shall not draw interest. At the end of each calendar year, for a period of ten (10) years, the utility will refund to the applicant who paid for the extension, or his authorized agent, a sum equivalent to the cost of 100 feet of pipe installed in the extension for each additional customer as of December 31st, but in no case will the total amount refunded exceed the amount paid to the utility. After ten (10) years from the completion of the extension no refund will be made.

5.5.11.b. Customers locating on an extension made under Rule 5.5.11 will not be charged an extension surcharge.

5.6. Main line high-pressure taps to serve rural customers.

5.6.1. Equipment furnished by utility – When an applicant, or number of applicants, not large enough to merit the installation of an intermediate or low pressure distribution system, desire gas service which must be supplied from a transmission or field line, the utility shall, without cost to the customer, make the tap, install a stop cock, metering and appurtenant equipment, exclusive of the regulator or regulators, oil seal or other type pressure relief device, and the line. All meters and regulators installed according to this rule shall be housed at the expense of the customer.

5.6.2. General provisions –

5.6.2.a. All such installations shall have at least one (1) regulator and shall also be provided with excess pressure protection. This safety device shall be installed near the customer's meter and shall be set to relieve any pressure in excess of ten (10) ounces, unless higher pressure is necessary in order to furnish service.

5.6.2.b. The number of regulators required shall be determined by the maximum operating pressure existing in the line at any time during the preceding twelve (12) month period, unless changes in operating conditions are contemplated that would require more regulators, in which case additional regulators may be required.

5.6.2.c. On lines in which the maximum pressure does not exceed sixty (60) pound gauge, a service type regulator shall be used. When the maximum gauge pressure existing in the line does not exceed one hundred fifty (150) pounds, two or more regulators shall be used to reduce the pressure. On lines in which the maximum gauge pressure exceeds one hundred fifty (150) pounds, sufficient regulators for safe operation shall be installed.

W. Va. Code R. § 150-4-6 Inspections and Test

6.1. Meter testing facilities and equipment.

6.1.1. Testing facilities -- Each utility shall provide or have access to such laboratory meter-testing equipment and other equipment and facilities as may be necessary to make the tests required of it by these rules or other orders of the Commission. The apparatus and equipment so provided shall be subject to the approval of the Commission, and it shall be available at all times for the inspection or use of any member or authorized representative of the Commission.

6.1.2. Test required -- Each utility shall, as a minimum requirement, make such tests as are prescribed under these rules with such frequency, and in such manner, and at such places as are herein provided or as may be approved or ordered by the Commission.

6.1.3. General testing equipment -- Each utility furnishing metered gas service shall own and maintain the equipment and facilities necessary for accurately testing all types and sizes of meters employed for the measurement of gas, unless arrangements shall have been made to have such testing done in a shop or laboratory containing equipment that is acceptable to the Commission. All alterations, accidents or repairs to meter-proving equipment, subject to proof by the Commission, which might affect the accuracy of such equipment or the method of operating it, shall be promptly reported in writing to the Commission. Testing instruments and equipment must be periodically checked against a standard in accordance with accepted engineering practice. The accuracy of all provers and methods of operating them will be checked from time to time by a representative of the Commission.

6.1.4. Equipment for testing small capacity meters -- Each utility shall be required, except as provided in Rule 6.1.3. above, to own and maintain a meter prover of approved type and of a capacity of not less than 5 cubic feet for the testing of small capacity meters. Each meter prover shall be supplied with all accessories needed for accurate meter testing and shall be located in a room suitable for the work to be done, protected from drafts and excessive changes of temperature. The utility shall maintain this equipment in good condition and correct adjustment, so that it shall be capable of determining the accuracy of any service meter to within one half (½) of one percent (1%).

6.1.5. Equipment for testing large capacity meters -- Each utility furnishing metered gas service through orifice or large displacement meters, shall have available, except as provided in Rule 6.1.3. above, and maintain in proper adjustment proving equipment suitable for determining the accuracy of any orifice or large displacement meter to within one half (½) of one percent (1%). The accuracy of all provers and methods of operating them shall be established from time to time by a representative of the Commission.

6.2. Meter test records.

6.2.1. Data required All records of tests shall contain complete information concerning the test, including the date and place where the test was made, the name of the person making the test, and the result. Whenever any gas service meter is tested, the original test record shall be preserved, including the information necessary for identifying the meter, the reason for making the test, the reading of the meter upon removal from service, and the result of the test, together with all data taken at the time of test in sufficiently complete form to permit the convenient checking of the methods employed and the calculations made. This record shall be kept until a subsequent test of the meter has been made, but in no case less than six (6) months, and must not be destroyed until all pertinent data has been entered on the meter record.

6.2.2. Meter record -- A complete record shall be kept of all tests and inspections made under these rules. The record to be known as the "meter record" shall be kept and shall indicate for each meter owned or used by any utility the date of purchase, its identification, a record of the use, repairs, and tests to which it has been subjected, and the general results of such tests.

6.3. Tagging, sealing and capping meters.

6.3.1. Tagging meters -- Each meter shall either be marked or accompanied by a record card when installed. The marking or card must show the date of the last test if the meter is tested on a time basis or the registration (index reading) and date if the meter may be tested on either a time or registration basis. In no case shall the elapsed time between the date of test and the date of installation exceed for four (4) months.

6.3.2. Sealing meters -- All meters tested for installation shall be sealed at the time of test by the meterman performing the test. The seal shall be of a type acceptable to the Commission. Those utilities using a compression type lead seal shall have as a sealing tool a device furnished with a die, which shall bear the initials of the utility. Utilities using a snap tin type seal shall have the seal shall have the seal stamped in a similar manner.

6.3.3. Capping meters -- All incoming meters must be capped when removed from service and awaiting test. All meters that have been tested and sealed or are ready for installation must be capped when sealed and kept capped until installed.

6.4. Accuracy requirements for gas meters.

6.4.1. Installation test -- Every gas meter, whether new or repaired, or that has been removed from service for any cause, shall be in good order and shall be correct at all test rates of flow to within one percent (1%) before being installed: Provided, however, that, in case of an emergency, a meter not meeting the requirements of this rule may be installed temporarily.

6.4.2. Method of determining the accuracy of small meters -- For the purpose of determining compliance with this rule, the registration of a displacement meter shall be determined by one test at a rate of flow of approximately one fifth (1/5) of its rated capacity and a second test at approximately the rated capacity of the meter. The capacity of the meters for test purposes shall be the capacity at ½ inch differential pressure. The test at the two (2) rates of flow shall agree within, plus or minus one percent (1%). The accuracy of the meter shall be determined by taking one half (½) the algebraic sum of the errors at check and capacity flow, which shall be considered as its accuracy in determining compliance with Rule 6.4.1. and for the purpose of computing refunds; unless unusual load conditions indicate that a higher or lower rate of flow should be used, in which case the test record must show the rate of flow used.

6.4.3. Meter prover required -- All tests to determine the accuracy of any gas service meter used to measure gas at standard distribution pressure shall be made with a bell type prover; unless, because of unusual capacity or construction of the meter, such method of test shall be considered impracticable and another approved method of test shall be used.

6.4.4. Method for testing large displacement meters –

6.4.4.a. All tests on large displacement meters shall be made with approved testing apparatus. It is recommended that such meters be tested in the place of permanent location on the customer's premises whenever practicable. When critical flow provers or low pressure flow provers are used for making such tests, it is recommended that the accuracy be determined at three or more rates of flow, ranging from ten percent (10%) of the rated capacity up to flow at maximum operating rate.

6.4.4.b. In such tests, when testing with the critical flow prover, the meter shall be operated at a static pressure which approximates average operating static pressure. When similar tests are made with a low pressure flow prover, average operating pressure should be maintained on the meter under test and the prover operated at a range of low pressure required for such a prover. However, in installation where meters operating on pressures higher than standard distribution pressure are limited in their maximum operating dial rate so as to keep the differential pressure equal to or less than two (2) inches, low pressure flow prover tests may be run with low pressure on the meter. In the flow tests by either method, the maximum dial rate should be such that it will ensure tests being run at meter differential pressure equivalent to normal operating meter differential pressure in all cases.

6.4.5. Method for testing orifice meters –

6.4.5.a. All tests on orifice meters shall be made in the place or permanent location on the customer's premises, with approved testing apparatus. The accuracy of the differential pressure registration shall be determined on a rising and falling pressure throughout the entire operating range of the gauge.

6.4.5.b. The static pressure registration shall be determined at two (2) or more points including operating pressure.

6.4.6. Methods for determining accuracy of large displacement meters -- For determining the accuracy of large displacement meters, take the algebraic average of the errors determined at the various rates of flow at which the meter was tested, which shall be considered as its accuracy in determining compliance with Rule 6.4.1. and for the purpose of computing refunds; except where the rates of flow at which the meter has been registering in service can be definitely established, in which case the weighted average error shall be determined and used.

6.4.7. Method of determining accuracy of orifice gauges -- The accuracy of the differential element in all orifice meter gauges must be verified by use of a manometer or other approved methods. The accuracy of the static element must be verified by the use of either a dead weight type gauge, an accurate indicating spring gauge or other approved methods. When an orifice meter gauge is tested and the differential and/or static element is found to be within two percent (2%), plus or minus, of the chart reading, such elements may be considered as accurate in compliance with Rule 4.4. of these rules. When the differential or static element is found to be in error, the respective element shall be adjusted to as near correct reading as practical.

6.5. Periodic tests.

6.5.1. Periodic test schedule -- All types of meters in service shall be periodically tested according to the schedule below:

6.5.1.a. Displacement meters.

6.5.1.a.1. Group One -- Displacement meters operating on a gauge pressure of less than two (2) pounds, and having a rated capacity of not more than 1,000 cubic feet per hour at ½ inch differential pressure, shall be tested at least every fifteen (15) years.

6.5.1.a.2. Group Two -- Displacement meters operating on any pressure and having a rated capacity of more than 1,000 cubic feet per hour at ½ inch differential pressure, or smaller displacement meters if measuring gas at two (2) pounds gauge pressure or more, shall be tested on the basis of the index reading (cubic feet of gas passed at the normally prevailing pressure) according to the table attached to these rules as Table 150CSR4-A:

6.5.1.2.3. No meter in "group two" shall be allowed to remain in service longer than two (2) years without a test; however, such meters shall be tested free upon request, if such requests are not made more often than once each year.

6.5.1.b. Orifice meters.

6.5.1.b.1. Meters measuring not more than 2,000 Mcf per month on the average shall have their differential and static recording gauges tested at least once every six (6) months.

6.5.1.b.2. Meters measuring 2,000 Mcf of more per month shall have their differential and static recording gauges tested at least once every two (2) months.

6.5.1.b.3. The diameter and condition of orifice plates, meter runs, straightening vanes, shall be checked at least once every year. The gravity of the gas determined at least once every six (6) months: Provided, however, that where previous or subsequent test records show that the specific gravity has not varied by an amount which would make an error in the measurement greater than is consistent with accepted engineering practice, the specific gravity of the gas may be determined at longer intervals, not to exceed one (1) year.

6.5.1.b.3. Nothing contained in this rule shall prevent the utility from removing and testing a meter at any time earlier than prescribed at its election.

6.5.1.c. Rotary meters.

6.5.1.c.1. For the purpose of testing rotary type meters the manufacturer's certificate of original test shall be accepted for original installation.

6.5.1.c.2. Subsequent tests shall be made by differential drop method at a period not to exceed one (1) year.

6.5.1.c.3. This differential drop test is to be compared to differential curve developed at operating pressure for various index rates at flow after meter installation. (This procedure is recommended as the original factory differential curve using air at approximate rates of flow is not applicable under operating condition measuring gas under pressure).

6.5.2. Reports to Commission.

6.5.2.a. Every utility shall make reports to the Commission on Form E.D. No. 1, or such other forms as may be prescribed. Such reports shall contain complete information regarding meters tested, meters past due for tests, refunds, and all other information requested on the form.

6.5.2.b. A utility need not report meters in "group one" as being past due for test unless the meter is more than ninety (90) days past the fifteen (15) year test period.

6.5.2.c. The provisions of this section shall not relieve the utility of any of the requirements of Rule 4.4. regarding the manner of computing refunds due to fast meters.

6.5.2.d. Reports must be filed not later than thirty (30) days after the expiration of the period covered by the reports.

6.6. Complaint test.

6.6.1. Application for test -- Upon the written application to the Commission by a customer, a test will be made of the customer's meter, as soon as practicable, supervised by a representative of the Commission.

6.6.2. Fee for test -- The application for the test shall be accompanied by a remittance of the amount fixed below as the fee for testing. This fee shall be retained by the Commission. However, if the meter is found to be more than two percent (2%) fast or slow, the utility shall reimburse the customer for the amount of the fee paid by him to the Commission for the meter test. The amount of the fee to be paid for a meter test is set forth on the table attached to these rule as Table 150CSR4-B.

6.6.3. Restrictions upon utility -- This rule shall not interfere with the practice of a utility with reference to its tests of meters, except that in the event of application by a customer to the Commission for a complaint test as herein provided, the utility shall not knowingly remove, interfere with, or adjust the meter to be tested without the prior written consent of the customer, and approval of the Commission.

6.7. Request tests.

6.7.1. Action required -- If any customer shall request in writing a test of the accuracy of the meter used by her/him, and the meter is not due for periodic test, the utility shall notify the customer of the conditions under which the test will be made by the utility. If the customer shall then request the utility to proceed with the test and remits an amount equal to one half of the scheduled cost of the complaint test (See Rule 6.6.) but not less than five dollars ($5.00), the utility shall make the test promptly. If, when tested, the meter is found to be more than two percent (2%) fast or slow, the amount advanced shall be promptly refunded to the customers. If the meter is not found to be more than two percent (2%) in error, the utility shall retain the amount advanced by the customer for the test.

6.7.2. Customer's privilege -- A customer may be present when the utility conducts the tests on his/her meter or, if he/she desires, may send an expert or other representative appointed by her/him.

6.7.3. Report to customer -- A report giving the name of the customer requesting the test, the date of the request, the location of the premises where the meter had been installed, the type, make, size, and serial number of the meter, the date of removal, the date tested, the result of the test, and the amount of refund if the meter was found more than two percent (2%) fast, shall be supplied to such customer within ten (10) days after the completion of the test.

6.8. Meter testing employees.

6.8.1. Meterman required -- Every utility shall have in its employ, or shall have access to, one or more competent metermen whose duty it shall be to perform such tests as may be necessary to determine the accuracy of the utility's meters.

6.8.2. Certification of meterman -- A utility desiring to certify an employee as a meterman must secure a qualification card from the Commission; have same executed by the applicant and returned to the Commission; together with a certification by a responsible representative of the utility as to the facts contained on the card. The Commission will thereupon issue a card to the employee, if the applicant's qualifications are satisfactory, stating that the qualification card has been received and filed, and that the employee is authorized to test meters of the type shown on the card.

6.8.3. Experience required -- No employee of a utility shall be authorized to test meters unless he has had at least six (6) months' experience in a utility gas meter shop, or equivalent experience, part of which time must have been spent working on the type meter for which authority to test has been requested. All tests must be made by an authorized meterman.

W. Va. Code R. § 150-4-7 Standards of Quality of Service

7.1. Heating value requirements.

7.1.1. Minimum heating value -- The minimum average monthly heating value of any gas delivered into a distribution system shall not be less than one thousand (1,000) Btu per cubic foot for gas transported into West Virginia. When gas produced within this State has a heating value of less than one thousand (1,000) Btu per cubic foot, the utility shall furnish the Commission an analysis of the gas along with any other information the Commission may desire, prior to the delivery of the gas into a distribution system.

7.1.2. Extraction of hydrocarbons -- No gas treated for the extraction of hydrocarbons shall be delivered for distribution where the heating value has been reduced lower than one thousand (1,000) Btu per cubic foot.

7.1.3. Reports to Commission.

7.1.3.a. Each utility shall report to the Commission, annually the average heating value of its gas delivered into its system.

7.1.3.b. A utility whose natural gas is treated by itself or others for the extraction of hydrocarbons shall report to the Commission the extractions in accordance with the Uniform System of Accounts as prescribed by the Federal Energy Regulatory Commission, Account Nos. 770 through 791.

7.1.3.c. A utility whose natural gas is treated for the extraction of hydrocarbons shall report to the Commission the annual average heating value and specific gravity of the gas entering and leaving each extraction plant.

7.1.4. Method of determining heating value.

7.1.4.a. Each utility shall determine the average heating value of its gas by calorimeter, A. J. W. Headlee formula or other approved methods.

7.1.4.b. Determination of heating value shall be made of gas drawn from parts of the distribution system or pipelines remote from the laboratory, with such frequency and in such manner as is necessary to establish the average monthly heating value.

7.1.4.c. The heating value shall be the total heating value expressed at 14.73 psi absolute pressure and saturated with water vapor when determined by calorimeter or chemical analysis.

7.1.4.d. Calorimeter accuracy, as well as the method of determining heating value, shall be subject to the approval of a designated representative of the Commission.

7.1.5. Record of tests.

7.1.5.a. Each utility shall adopt a standard form for recording the results of heating value tests. Each determination of heating value shall be recorded originally upon the form adopted for that purpose, and the records shall be retained for a period of three (3) years. Where heating value is determined by an approved type recording calorimeter or recording gravitometer, the charts removed from such calorimeter or gravitometer will be deemed sufficient to comply with this rule.

7.1.5.b. It is not the intent of this rule that recording calorimeters or recording gravitometers be installed but the method of determining the average heating value shall be approved by a representative of the Commission.

7.2. Purity requirements.

7.2.1. All natural gas distributed in this State shall be free from dangerous or objectionable quantities of impurities such as hydrogen sulphide, nitrogen or other combustible or noncombustible, noxious, or toxic gases, or other impurities. A gas shall be considered free from undesirable impurities when the quantity of any impurity present is within the limits recognized as allowable in good practice.

7.3. Gas pressure requirements.

7.3.1. Pressure districts -- A utility shall divide the territory served by it into pressure districts and shall specify for each district or for the territory as a whole (which will then be regarded as a single district) the maximum pressure to be maintained within that district. The pressure adopted must be filed with the Commission.

7.3.2. Maximum pressure -- The maximum pressure specified for any district shall not be greater than 15 inches (8.5 ozs.) of water column.

7.3.3. Minimum pressure -- The pressure at the outlet of any low-pressure customer's meter shall never be less than one half of the maximum pressure specified for the district in which the meter is located. In no case shall the minimum pressure be less than 3.5 inches (2 ozs.) of water column, unless due to insufficient capacity of the customer service piping.

7.3.4. Changing pressure districts -- After notifying the Commission, the utility may be at liberty to change the maximum pressure for any district with the provision that when any such change is made, all customer's appliances located within the territory for which the specified maximum is changed shall, if necessary, be readjusted by and at the expense of the utility.

7.3.5. Exceptions.

7.3.5.a. Higher pressures may be allowed by the Commission in exceptional cases after the presentation of factual data showing that adequate service cannot be supplied with existing facilities, and that it is impractical to make the necessary changes immediately. In all such cases the utility shall formulate a plan for eliminating the high pressure condition as soon as practical and economically possible.

7.3.5.b. A utility supplying gas shall not be deemed to have violated the provisions of this rule if it can be shown that variations from said pressures are due to:

7.3.5.b.1. Use of gas by the customer in violation of contract or rules of the utility or Commission.

7.3.5.b.2. Infrequent fluctuations of short duration due to unavoidable conditions of operation.

7.3.6. Pressure gauges -- Every utility shall maintain and operate, on the low pressure side of each district regulatory serving fifty or more customers, at least one recording gas pressure gauge of suitable range. When more than one regulator is used to serve a single pressure district, recording pressure gauges need not be installed for each regulator. However, a sufficient number of recording pressure gauges shall be installed and operated in each distribution system to furnish a continuous record of the pressure prevailing in all parts of the plant.

7.3.7. Pressure surveys -- Every utility shall make at least one pressure survey during the period of peak load (December, January or February) each year on each of its distribution plants. The pressures recorded shall be the pressures prevailing at the outlet of customers' meters in districts where the lowest pressures prevail. These records shall be available to representatives of the Commission at all times, and shall be preserved for a period of three years. The Commission may, in addition, require the utility to file a summary report of the pressure survey each year.

7.4. Measurement of gas under high pressure.

7.4.1. Pressure-recording equipment required -- When gas is measured through displacement meters at a pressure greater than standard distribution pressure, such meters shall be equipped with reliable pressure-volume recording gauges or other devices for accurately determining in accordance with contract or other tariff provisions the quantity of gas that has passed through the meter.

7.4.2. Determination of multiplier -- In computing the volume of gas on a given pressure base from a pressure volume chart, the multiplier shall be obtained by the weighted average method, which method consists of determining the average pressure for each unit volume indicated on the chart.

7.4.3. Determination of static and differential pressure.

7.4.3.a. In computing the volume of gas at a given pressure base from an orifice meter chart, or charts, the average static pressure and the average differential pressure shall be determined for periods not exceeding one (1) hour; and where pressure variations are extreme during the hour, such average should be determined for fifteen (15) minute intervals.

7.4.3.b. Mechanical devices may be substituted for the above manual method of computing orifice meter charts.

7.5. Special rules for utilities furnishing manufactured or mixed gas.

7.5.1. Calorimeter equipment and laboratory.

7.5.1.a. Calorimeter required -- Each utility selling manufactured or mixed gas shall provide and maintain a calorimeter of an approved type, and all necessary accessories therefore, unless provision is otherwise made, with the approval of the Commission, for the regular determination of the heating value of the gas sold.

7.5.1.b. Location of calorimeter -- The calorimeter shall be installed in a laboratory, or other building, so located as to ensure that thoroughly mixed, stabilized, and representative samples of the gas, delivered to the customers, are used for the tests.

7.5.1.c. Calorimeter accuracy -- The accuracy of all calorimeters, as well as the methods of making heating value tests, shall be subject to the approval of a designated representative of the Commission.

7.5.1.d. Additional test -- Determinations of heating value shall be made of gas drawn from parts of the distribution system or pipelines remote from the laboratory with such frequency and in such manner as is necessary to establish the stability of the gas or for other test purposes.

7.5.2. Heating value tests.

7.5.2.a. Frequency of tests -- Every utility selling manufactured gas, or a mixture of manufactured and natural gas, or a gas obtained by thermal treatment or other process for modifying the composition of natural gas, shall determine the heating value of the gas distributed to its customers daily or more frequently if necessary or required by the Commission.

7.5.2.b. Records of tests -- Each utility shall adopt a standard form for recording the results of heating value tests. Each determination of heating value shall be recorded originally upon the form adopted for that purpose, and the records shall be retained for such period as the Commission may designate. Where heating value is determined by an approved type recording calorimeter, the charts removed from such a calorimeter, will be deemed sufficient to comply with this rule. The average heating value for each day and the monthly average heating value determined by these tests shall be recorded. These records must not be destroyed without Commission approval.

7.5.3. Heating value requirements.

7.5.3.a. Authorized standard of heating value -- The monthly average heating value of the gas furnished by each utility supplying manufactured or mixed gas in each community or territory served shall be not less than the standard heating value authorized by the Commission for the utility in that community. Unless otherwise ordered by the Commission, the authorized standard for each community shall be the standard of heating value currently in effect and approved by the Commission for the community. The authorized standard shall be subject to change at the option of the utility under the following conditions:

7.5.3.a.1. The Commission shall be notified in writing of the intention to change the standard of heating value. The notification shall be accompanied by a complete statement of the reasons for making the change, and by all available data regarding the cost and character of any alterations to plant, process, or materials used, which will be involved in the change.

7.5.3.a.2. No change of standard shall take effect, and no expenditures shall be incurred for the alteration of plant or equipment for the purpose of supplying gas at the new proposed standard until the Commission shall have approved the change of standard, or until thirty (30) days after the notification, data and schedules required by this rule shall have been submitted to the Commission. However, the provisions of this rule shall not be interpreted as forbidding expenditures for engineering services, experimental or development work needed to determine the character and cost of the proposed change.

7.5.3.a.3. The utility shall make, without charge to its customers, such adjustments and replacement of appliance parts as may be necessary to ensure all customers as safe, efficient and satisfactory service after the change of standard before.

7.5.3.b. Average heating value -- To obtain the average total heating value of a gas, the results of all tests of heating value made on any day shall be averaged, and the average of all the daily averages shall be taken as the monthly average: Provided, that in cases of unusual difficulty in maintaining uniformity of heating value, the daily and monthly weighted averages shall be determined if the variations exceed five percent (5%) above or below the authorized standard.

7.5.3.c. Maximum and minimum limits -- The heating value of the gas shall be maintained with as little deviation as practicable; and to this end the weighted average total heating value on any one day should not fall below the monthly authorized standard by more than five percent (5%). Variations above the approved standard heating value will be allowed; provided the gases are interchangeable as determined by application of the interchangeability rule of the American Gas Association.

7.5.3.d. Heating value of gas transported -- The heating value of gas which is compressed for transmission shall be determined after compression and cooling to a temperature approximately equal to the temperature of the transmission mains. Where gas is distributed to difference territories at different pressures, which result in more than negligible differences in condensation, the territories will be considered to be served with gases of difference heating values.

7.5.3.e. Stability of gas -- No utility shall distribute gas which contains combustible constituents which will condense under the conditions of its distribution to the extent of more than three percent (3%) of the total heating value of the gas. Periodic tests shall be made to determine compliance with this requirement.

7.5.4. Purity requirements -- All manufactured gas distributed in this State shall be free from dangerous or objectionable quantities of impurities such as hydrogen sulphide, nitrogen or other combustible or noncombustible, noxious, or toxic gases, or other impurities. A gas shall be considered free from undesirable impurities when the quantity of any impurity present is within the limits recognized as allowable in good practice.

7.5.5. Tests of purity.

7.5.5.a. Each utility supplying manufactured or mixed gas shall test the gas daily for the presence of hydrogen sulphide by an approved method.

7.5.5.b. Each utility selling more than 100,000,000 cubic feet of manufactured or mixed gas per year shall provide and maintain such apparatus and facilities as are necessary for the determination of total sulphur and ammonia in the gas; and each such utility shall periodically (preferably semimonthly) determine the amount of total sulphur and ammonia in the gas distributed by it, and shall keep a record of the results of all such tests: Provided, however, that any such utility supplying only water, gas or oil, or mixture of these, shall not be required to provide apparatus for or make determinations of the amount of ammonia in the gas.

W. Va. Code R. § 150-4-8 Safety Requirements

8.1. Accidents.

8.1.1. Every utility shall keep a record of every accident happening in connection with the operation of its plant, station, property, and equipment, whereby any person shall have been killed, or seriously injured, or any property damaged or destroyed, with a full statement of the cause of such accident, and the precautions taken to prevent similar accidents in the future.

8.2. Odorization of natural gas.

8.2.1. Where and when used -- Each utility furnishing natural gas to domestic or commercial customers, churches, schools or public buildings, shall determine whether or not the presence of gas can be detected by odor when diluted with air at a concentration of not more than twenty percent (20%) of lower explosive limits. If the presence of gas cannot be detected, then that gas shall be odorized as stated in Rules 8.2.2. and 8.2.3.

8.2.2. Safety of odorant -- The odorant used shall be harmless and nontoxic and shall be noncorrosive to materials such as steel, iron, brass, bronze or leather, and shall not be soluble in water to a greater extent than two and one-half (2 ½) parts, by weight of odorant to one hundred (100) parts, by weight of water.

8.2.3. Specifications -- The odorant to be introduced into natural gas shall be of such character as to indicate by distinctive odor the presence of gas when such gas is present in concentrations not greater than one percent (1%) by volume. By this, it is meant that the gas shall be given an odor by adding an agent that will vaporize, dissolve in or be mixed with the gas so as to produce an odor readily perceptible to normal or average olfactory sense of a person coming from fresh ungasified air when gas is present in concentrations of not more than one part to ninety-nine (99) parts air.

8.2.4. Report to Commission -- Each utility shall file with the Commission a report of its plan for odorization.

8.2.5. Notice to customer.

8.2.5.a. The utility shall give notice to its customers in the area in which gas has been odorized.

8.2.5.b. It is not intended from these rules that an odorant be introduced into main transmission, field or gathering lines. However, if a church, school or public building is supplied with gas service from any of the above lines, the service piping and building piping to such church, school or public building shall be tested by pressure drop method.

8.3. Approval of standard safety requirements concerning customer connections.

8.3.1. Every utility shall include a statement in its tariff on file with the Commission which shall list or set forth the title of the publication listing all safety requirements and provisions adopted by the utility governing the installation and maintenance of customers' gas appliances, as well as the customer service, buried and house piping. Each utility shall keep a copy of such safety requirements and provisions available for public inspection at each of its offices.

W. Va. Code R. § 150-4-9 Rules and Regulations Governing Gas Pipeline Safety

9.1. Intentions. 9.1.1 Pursuant to the powers vested and the authority given under Chapter 24B, Code of West Virginia, the Public Service Commission of West Virginia prescribes, adopts and issues the following rules and regulations governing the transportation of natural and other gas by pipeline. These rules are intended to ensure uniformity and are designed to decrease accidents, save human lives, reduce property loss, and otherwise benefit the pipeline companies and the public.

9.1.2. The adoption of these rules and regulations shall in no way preclude the Public Service Commission from altering them or amending them in whole or part, and from requiring any additional information either upon complaint, its own motion, or upon application of any pipeline company. These rules and regulations are intended to supplement the statute and shall not relieve in any way a pipeline company of its duties under the laws of this State.

9.2. Application of rules.

9.2.1. These rules shall apply to (i) all pipeline companies, and (ii) interstate transmission facilities, as hereinafter defined.

9.3. Adoption of federal regulations.

9.3.1. The regulations promulgated by the Office of Pipeline Safety of the United States Department of Transportation, published in Title 49 CFR Parts 191, 192, 195 and 199, shall apply to all pipeline companies and interstate transmission facilities.

9.4. Rules of practice and procedure.

9.4.1. The Rules of Practice and Procedure adopted by the Commission where appropriate and applicable shall apply to all pipeline companies.

9.5. Definitions.

9.5.1. When used in relation to gas pipeline safety in these rules:

9.5.1.a. "Act of 1968" means the act of Congress known as the Natural Gas Pipeline Safety Act of 1968;

9.5.1.b. "Commission" means the Public Service Commission of West Virginia;

9.5.1.c. "Director" means the director of the Gas Pipeline Safety Section of the Commission;

9.5.1.d. "Gas" means natural gas, flammable gas, or gas which is toxic or corrosive;

9.5.1.e. "Interstate transmission facilities" means facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Energy Regulatory Commission under the act of Congress known as the Natural Gas Act;

9.5.1.f. "Operator" means a person who engages in the transportation of gas or hazardous liquids by pipeline;

9.5.1.g. "Person" means any individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof;

9.5.1.h. "Pipeline company" means a person engaged in the operation of pipeline facilities or the transportation of gas subject to the provisions of Chapter 24B of the West Virginia Code;

9.5.1.i. "Pipeline facilities" means, without limitation, new and existing pipe, pipe right-of-way and any equipment, facility, or building used in the transportation of gas or the treatment of gas during the course of transportation; or used in the transportation of hazardous liquid or the treatment of hazardous liquid during the course of transportation; but “right-of-way” used in Chapter 24B of the West Virginia Code, as amended, does not authorize the Commission to prescribe the location of routing of any pipeline facility.

9.5.1.j. "Rural" means those locations which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area which the Director may define as a nonrural area;

9.5.1.k. "System" means all pipeline facilities used by a particular operator in the transportation of gas, including but not limited to, line pipe, valves and other appurtenances connected to line pipe, compressor units, fabricated assemblies associated with compressor units, metering (including customers' meters) and delivery stations, and fabricated assemblies in metering and delivery stations;

9.5.1.l. "Transportation of gas" means the gathering, transmission or distribution of gas by pipeline or its storage.

9.6. Accidents or incidents.

9.6.1. Every operator shall report to the Commission all accidents or incidents involving its pipeline facilities operated within the State of West Virginia that cause personal injuries requiring hospitalization, fatality, or estimated damage to the property of the operator, or others, or both, totaling fifty thousand dollars ($50,000) or more.

9.6.2. The Commission shall be notified of all such accidents or incidents as soon as possible, consistent with public welfare and safety. In those instances where a telephonic report to the Department of Transportation is required, a similar report of the accident or incident shall be made by telephone or telegraph to:

Public Service Commission Gas Pipeline Safety Division P. O. Box 812 Charleston, West Virginia 25323 Telephone: Area Code (304) 340-0473

9.6.3. Every operator shall furnish to the Commission, within thirty (30) days after the occurrence of a reportable accident or incident, a written report of such accident or incident, together with a summary of the operator's investigation as to the cause and circumstances surrounding the accident or incident. The report shall be made on the Commission form designated Accident or Incident Report, or on a form acceptable to the Commission showing the same information. Such report shall also contain the precautions taken, or to be taken, to prevent similar accidents or incidents in the future.

9.6.3.a. If certain information is not available, the incomplete report should be submitted indicating this unavailability. When the information becomes available, a supplemental report will be submitted.

9.6.4. Operators that submit reports of accidents or incidents to federal agencies are permitted to file copies of such reports with this Commission in lieu of the report required by Rule 9.6.3.

9.7. Inspection and maintenance plans.

9.7.1. Every operator shall file with the Commission a plan for the inspection and maintenance of pipeline facilities owned or operated by it, and shall subsequently file any changes in such plan. The plan shall cover gas transmission facilities, distribution facilities, and those gathering or production facilities located in nonrural areas. The essential requirements stated in title 49 CFR Part 192.605, shall be covered by the plan. If at any time the Director finds that such plan is inadequate to achieve safe operation, the Director shall, after notice and opportunity for a hearing, require such plan to be revised. (NOTE: It is not the intent to require the operators that have complied with the provisions of this rule to refile upon the effective date of these rules and regulations).

9.7.2. Any change in the inspection and maintenance plan required by Rule 9.7.1. must be filed with the Commission within ten (10) days of the effective date of said change.

9.8. Major construction.

9.8.1. Every operator shall notify the Commission of all important additions to its system at least thirty (30) days prior to the commencement of any construction.

9.8.1.a. The requirements of Rule 9.8.1. shall not apply to gathering pipelines in rural areas.

9.8.1.b. An important addition is a single project, other than well drilling, involving an estimated expenditure of two hundred fifty thousand dollars ($250,000) or more for transmission pipeline construction, fifty thousand dollars ($50,000), or more, for distribution pipeline construction or an amount equivalent to ten percent (10%) or more of the total value of the system in service, whichever is less.

9.8.2. The report shall include the following:

9.8.2.a. Description and location of project and expected starting and completion dates, along with the name, address and telephone number of the person to be contacted regarding the project.

9.8.2.b. Maximum allowable operating pressure.

9.8.2.c. Location class.

9.8.2.d. Material specifications in sufficient detail to permit appraisal of the safety aspects of the facility.

9.8.2.e. Pressure testing procedures to be used.

9.8.3. Every operator shall place on file with the Commission information concerning the welding and inspection procedures to be followed during the construction of new facilities.

9.9. Completion report.

9.9.1. Within sixty (60) days after the completion of an addition, a report shall be filed with the Commission which certifies that the facilities were constructed according to the previously submitted major construction report required by Rule 9.8. The completion report shall also include the pressure test data for the project.

9.10. Maximum Penalties.

9.10.1. Any person who violates any provision of these rules and regulations or orders issued thereunder, shall be subject to the criminal and civil penalties ascribed and imposed by Chapter 24, Article 4, Sections 1 through 5, inclusive, and Chapter 24B, Article 4, Section 6, all of the Code of West Virginia. Such sanctions and penalties include, but are not limited to, a civil penalty to be imposed by the Commission of not to exceed one thousand dollars ($1,000) for each violation for each day that the violation persists: Provided, that the maximum civil penalty shall not exceed two hundred thousand dollars ($200,000) for any related series of violations, with the right of appeal in all cases to the Supreme Court of Appeals.

9.11. Availability of information.

9.11.1. Information concerning the implementation of the Natural Gas Pipeline Safety Act may be obtained from the Office of Pipeline Safety, Department of Transportation, 400 7th St., S.W., Washington, D.C. 20590, or the Gas Pipeline Safety Division, Public Service Commission of West Virginia, 201 Brooks Street, P. O. Box 812, Charleston, West Virginia 25323.

W. Va. Code R. § 150-4-10 Promotional Practices

10.1. Declaration of public policy.

In the public interest and pursuant to the powers vested in it, the Commission declares that any utility in designing and implementing any promotional practice or practices shall consider what impact, if any, such promotional practice or practices will have upon the conservation of energy, and the utility shall not implement any practice or practices which shall have an adverse affect upon conservation, or which cannot be justified from a ratepayer benefit/utility cost standpoint.

10.2. Prohibited promotional practices.

A public utility or its affiliate shall not, without first obtaining the approval of the Commission, engage, directly or indirectly, in any of the following promotional practices:

10.2.1. The financing of land or the construction of any building when same is not owned or otherwise possessed by the utility or its affiliate;

10.2.2. The furnishing of consideration to any person for work done or to be done on property not owned or otherwise possessed by the utility or its affiliate; except for studies to determine comparative capital or operating costs and expenses or to show the desirability or feasibility of selecting one form of energy over another;

10.2.3. The acquisition from any person of any tangible or intangible property or service for a consideration in excess of the value thereof, or the furnishing to any person of any tangible or intangible property or service for a consideration of less than the value thereof;

10.2.4. The furnishing of consideration to any person for the sale, installation or use of appliances or equipment;

10.2.5. Other than the normal service extensions, the provision of free, or at less than cost or value, wiring, appliances or equipment to any person; provided that a utility, engaged in an appliance merchandising sales program, shall not be precluded from conducting legitimate closeouts of appliances, clearance sales, or sales of damaged or returned appliances;

10.2.6. The provision of free, or at less than cost or value, installation, operation, repair, modification or maintenance of appliances, equipment, or piping for any person;

10.2.7. The granting of a trade-in allowance on the purchase of any appliance or equipment in excess of the value of the trade-in; or the granting of a trade-in allowance for such appliance or equipment when such allowance varies by the type of energy consumed in the trade-in;

10.2.8. The financing of the acquisition of any appliance or equipment at a rate of interest or on terms significantly more favorable than those generally applicable to sales by nonutility dealers in such appliances or equipment;

10.2.9. The furnishing of consideration to any person for any advertising or publicity purpose of such person; except for payments not exceeding one-half (½) of the reasonable cost or value for joint advertising or publicity with a dealer in appliances or equipment for the sale or other provision of same;

10.2.10. The guaranteeing of the maximum cost of gas service;

10.3. Notwithstanding any provision in Rule 10.2., a utility may:

10.3.1. Engage in a program which offers discounts or financing to employees of the utility for purchase of appliances. However the plan must only be available to employees, retirees and their spouses. The plan must not require the employee to take energy from the utility. The plan must be a reasonable employee benefit. The plan must be approved by the utility’s management or be in a valid union contract. The plan must be filed with the Commission in accordance with these rules.

10.3.2. Provide repairs and service to appliances or equipment of customers of a public utility in an emergency or to restore service or to prevent hazardous conditions or service interruptions.

10.4. No direct or indirect expenditures may be included in a utility’s cost of service for ratemaking purposes for political advertising. Any expenditures for political advertising are expressly disallowed for ratemaking purposes. For the purposes of Rule 10.4., “political advertising” means any advertising or related activity for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance.

10.5. Filing of Present Promotional Practices

10.5.1. Each public utility shall file with the Commission, on or before January 1, 1997, a schedule setting forth each of the promotional practices being engaged in by the utility or subsidiaries which operate in West Virginia as of that date.

10.5.2. The practices shall become effective thirty days after filing, subject to a suspension or prohibitory order of the Commission on its own motion or upon motion or complaint of an aggrieved person.

10.5.3. The schedule shall set forth:

10.5.3.a. The name, number, or letter designation of each promotional practice;

10.5.3.b. the class of persons to which the promotional practice is being offered or granted;

10.5.3.c. whether the promotional practice is being uniformly offered or granted to the persons within the class;

10.5.3d. a description of the promotional practice which includes a statement of the terms and conditions governing it;

10.5.3.e. a description of the advertising or publicity employed with respect to the promotional practice;

10.5.3.f. if the promotional practice is offered or granted in whole or in part, by an affiliate or other person, the identity of the affiliate or person and the nature of that party’s participation; and

10.5.3.g. other information relevant to a complete understanding of the promotional practice.

10.5.4. A utility or its subsidiaries which operate in West Virginia may not continue to engage in any promotional practice after January 1, 1997 unless a schedule regarding promotional practices has been filed with the Commission.

10.6. Filing of Proposed Practices

10.6.1. A public utility or its subsidiaries operating in West Virginia may not offer or grant any additional promotional practice or vary any existing promotional practice, directly or indirectly, or in concert with others, or by any means whatsoever, until a schedule showing the addition or variation, in the form prescribed in Rule 10.5.3. above has been on file with the Commission for a period of at least 30 days.

10.6.2. The Commission may issue an order approving a new promotional practice to become effective before the expiration of the 30-day period.

10.6.3. If a new promotional practice is not suspended or prohibited by order of the Commission during the 30-day period, the utility may engage in the practice subject to a suspension or prohibitory order of the Commission on its own motion or on the complaint of an aggrieved person.

10.6.4. Notwithstanding any of the provisions of this rule, the Commission may authorize an otherwise prohibited promotional practice if the Commission finds that the promotional practice is in the public interest.

10.6.5. A public utility or its subsidiary operating in West Virginia requesting authorization under Rule 10.6.4. shall provide information or data to show that:

10.6.5.a. The promotional practice will result in the conversation of energy;

10.6.5.b. The promotional practice is needed in order to foster conservation; and

10.6.5.c. The direct and indirect costs associated with the promotional practice are reasonable, are not unduly burdensome to the applicant’s ratepayers, and are not likely to impact detrimentally on the overall energy costs to consumers in its service territory.

10.6.6. A public utility’s or its subsidiary operating in West Virginia proposed promotional practice filing under Rule 10.6.4. shall include:

10.6.6.a. A complete description of the proposed promotional practice;

10.6.6.b. An analysis of the costs associated with the practice; and

10.6.6.c. An analysis of the conservation effect of the practice.

10.7. Annual Report -- Each public utility shall file with the Commission, concurrently with the annual report required by law, a report of the promotional practices offered or granted by the public utility and its subsidiaries operating in West Virginia during the period covered by the annual report. The report shall show in reasonable detail the amounts expended with respect to each promotional practice offered or granted.

10.8. Prohibition of discrimination for promotional practices.

10.8.1. A public utility or its subsidiaries operating in West Virginia may not, directly or indirectly, in any manner or by any device whatsoever, offer or grant to a person any form of promotional practice except such as is uniformly and contemporaneously extended to all persons in the same reasonably defined class.

10.8.2. A public utility or its subsidiary operating in West Virginia may not, in granting a promotional practice, make any undue preference or advantage to a person or subject a person to any undue prejudice or disadvantage.

10.8.3. A public utility or its subsidiary operating in West Virginia may not establish or maintain any unreasonable difference in offering or granting promotional practices either as between localities or as between classes to whom promotional practices are offered or granted.

10.8.4. A public utility or its subsidiary operating in West Virginia may not classify the persons to whom its promotional practices are offered or granted except to the extent permitted by the law of this State.

10.8.5. Notwithstanding the other provisions of Rule 10.8., a public utility or its subsidiary operating in West Virginia may offer an experimental program of limited duration which may not be extended to all customers of the class or to all areas of the service territory. The purpose of the temporary program must be limited to gathering data to determine if the plan should be extended to be offered in a non-discriminatory manner to all relevant customers.

W. Va. Code R. § 150-4-11 Inspections, Enforcement and Appeals

11.1. Enforcement Procedures -- Intrastate Gas §150-4-11. Inspections, Enforcement and Appeals, and Hazardous Liquid Pipeline Operators.

11.1.1. The purpose and scope of the Intrastate Enforcement Procedures is to describe the enforcement authority and sanctions exercised by the Public Service Commission of West Virginia - Gas Pipeline Safety for achieving and maintaining pipeline safety. It also prescribes the procedures governing the exercise of that authority and the imposition of those sanctions.

11.2. Definitions

11.2.1. "Operator" means a person who engages in the transportation of gas or hazardous liquids by pipeline.

11.2.2. "Gas" means natural gas, flammable gas or gas which is toxic or corrosive.

11.2.3. "Hazardous Liquid" means (i) petroleum or any petroleum product; and (ii) any substance or material which is in liquid state (excluding liquified natural gas) when transported by pipeline facilities and which, as determined by the Commission, may pose an unreasonable risk to life or property when transported by pipeline facilities: Provided, that a hazardous liquid as herein defined shall not be construed so as to include or permit the regulation of any substance transported through pipeline or otherwise when used in the operation of coal mines, coal processing plants or coal slurry pipelines: Provided, however, that the Commission shall not determine that any substance or material is a hazardous liquid under this section if the Secretary of Transportation has not determined that the substance or material is a hazardous liquid under regulations promulgated in accordance with Section 202(2) of the Hazardous Liquid Pipeline Safety Act of 1979.

11.2.4. "Pipeline" means all parts of those physical facilities through which gas or a hazardous liquid moves in transportation including but not limited to pipe, valves and other appurtenance attached to pipe, compressor units, pumping units, metering stations, delivery stations, regulator stations, holders, break-out tanks and fabricated assemblies.

11.2.5. "Person" means any individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association or joint-stock association, and includes any trustee, receiver, assignee or personal representative thereof.

11.2.6. "Transportation of gas" means the gathering, transmission or distribution of gas by pipeline or its storage.

11.2.7. "Transportation of hazardous liquids" means the movement of hazardous liquids by pipeline, or their storage incidental to such movements; except that it shall not include any such movement through gathering lines in rural locations or on-shore production, refining or manufacturing facilities or storage, or in-plant piping systems associated with any of such facilities.

11.2.8. "Pipeline facility" means, without limitation, new and existing pipe, pipe rights-of-way and any equipment, facility or building used in the transportation of gas or the treatment of gas during the course of transportation, or used in the transportation of hazardous liquid or the treatment of hazardous liquid during the course of transportation; but "right-of-way" as used in Chapter 24B of the W. Va. Code, as amended, does not authorize the Commission to prescribe the location or routing of any pipeline facility.

11.3. Jurisdiction -- The West Virginia Legislature has empowered the Public Service Commission to prescribe and enforce safety standards and to regulate safety practices of persons engaged in the transportation of gas or hazardous liquids by pipeline to the extent permitted by the "Natural Gas Pipeline Safety Act of 1968" ("Act of 1968") and the "Hazardous Liquid Pipeline Safety Act of 1979" ("Act of 1979") and any amendments thereto as set forth and adopted in Chapter 24B of the W. Va. Code, as amended.

11.3.1. The regulations issued under the "Act of 1968" and the "Act of 1979" promulgated by the Office of Pipeline Safety of the United States Department of Transportation and published in Title 49, CFR (Code of Federal Regulations) Parts 191, 192, 195 and 199 apply to all pipeline companies.

11.3.2. The Safety Standards of the Act (the Pipeline Safety Regulations) apply to the design, installation, inspection, testing, construction, extension, operation, replacement and maintenance of pipeline facilities. Standards affecting the design, installation, construction, initial inspection and testing are not applicable to pipeline facilities in existence on the date such standards are adopted.

11.3.3. The Commission is authorized to prescribe additional safety standards that apply to intrastate operators. Such safety standards shall be practicable and designed to meet the needs for pipeline safety. When prescribing and enforcing such standards, the Commission will consider:

11.3.4. Relevant available pipeline safety data;

11.3.5. whether such standards are appropriate for the particular type of pipeline transportation;

11.3.6. the reasonableness of any proposed standards; and

11.3.7. the extent to which such standards will contribute to public safety.

11.3.8. Whenever the Commission finds a particular facility to be hazardous to life or property, it is empowered to require the person operating such facilities to take steps necessary to remove such hazards.

11.4. Authority to Inspect -- The Commission has the power to investigate all methods and practices of pipeline companies; to require the maintenance and filing of reports, records and other information in such form and detail as the Commission may prescribe; to enter upon and to inspect the property, buildings, plants, and offices of such pipeline companies; and to inspect books, records, papers and documents relevant to the enforcement of the rules and regulations.

11.5. Inspection Intervals -- Upon presentation of appropriate credentials, the Commission or its designated employee is authorized to enter upon, inspect and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining the compliance of such persons with the rules and regulations or Commission orders issued thereunder.

11.5.1. A review of the operator's operating, maintenance and emergency procedures will be conducted at intervals not to exceed eighteen (18) months under normal circumstances. Master meter inspections will be performed at 2 ½ year intervals under normal circumstances. However, this does not preclude inspections and/or reviews of the procedures more frequently as deemed necessary.

11.5.2. Inspections shall ordinarily be conducted pursuant to one of the following:

11.5.2.a. routine scheduling;

11.5.2.b. a complaint received from a member of the public;

11.5.2.c. information obtained from a previous inspection;

11.5.2.d. pipeline accident or incident; or

11.5.2.e. whenever deemed appropriate by the Commission or the Director of Gas Pipeline Safety.

11.6. Inspection of the Operators.

11.6.1. An attempt will be made, in accordance with Rule 11.5., to inspect every operator, with priority given to inspecting those systems with greater risk potential. In determining the potential risk of a pipeline system, the following factors may be considered:

11.6.1.a. the ratio of total steel pipe to coated steel pipe;

11.6.1.b. the ratio of total steel pipe to cathodically protected steel pipe;

11.6.1.c. leaks per mile of pipe;

11.6.1.d. leaks per number of services;

11.6.1.e. unaccounted-for-gas volumes and percentages;

11.6.1.f. the number of accidents or facility failures;

11.6.1.g. footage of cast iron pipe in the system; and

11.6.1.h. past history of the operator.

11.6.2. The inspection will include a thorough review of the operator's records concerning inspection, operation, maintenance and emergency procedures. Field inspection will include operational checks of corrosion control provisions, overpressure and regulating equipment, odorization, repaired leaks, emergency valves and any other components of the facility.

11.7. Verbal Notice to Operator of Violation.

11.7.1. When an inspection of an operator's records or facilities or both, indicate that the operator is in apparent violation of a pipeline safety regulation, the investigator will give verbal notice of the alleged violation to the operator before concluding the inspection.

11.7.2. Any documentation of physical evidence necessary to support the alleged violation may be obtained during the inspection or requested by letter immediately after the conclusion of the visit.

11.7.3. The operator may institute on-site corrective measures when a violation exists. However, enforcement of such alleged violations will proceed.

11.8. Written Formal Notice of Violation -- After evidence of an alleged violation is collected and the violation report is written, notice and opportunity to respond will be afforded the operator by a certified letter from the Pipeline Safety Director. The letter will notify the operator of the results of the on-site inspection and will specifically cite the regulation(s) or rule(s) the operator is allegedly violating. Further, the letter may contain a proposed civil penalty or a compliance order. A written response from the operator shall be submitted to the Pipeline Safety Director within 30 days of the time the operator receives the violation notice.

11.9. Options Open to the Operator.

11.9.1. Alternatives open to the operator to respond to the violation notice are:

11.9.1.a. submit a written statement to the Pipeline Safety Director indicating corrective measures have achieved compliance;

11.9.1.b. submit a written plan of action to the Pipeline Safety Director outlining the corrective measures that will be taken to achieve compliance and when compliance is anticipated; or 11.9.1.c request an informal conference with the Pipeline Safety staff to discuss the violations.

11.9.2. The alleged violations may be resolved at this stage if the information submitted in Rule 11.9.1.a. or Rule 11.9.1.b. is accepted by the Pipeline Safety staff. Such acceptance shall be verified by a written statement issued by the Pipeline Safety Director following a reinspection of the operator's facilities. However, if the operator selects the third option, an informal conference will be scheduled as explained below.

11.10. Informal Conference -- After receiving a request for an informal conference, a date and time will be arranged. At this conference the basis of the alleged violation will be reviewed. The operator may explain the company's position and may present alternatives for solution of the problem. The Gas Pipeline Safety staff will be represented by the investigator involved and by such other members of the Commission staff as designated by the Pipeline Safety Director. The violation may be resolved at this stage. If agreement cannot be reached, enforcement procedures shall continue.

11.11. Commission Action -- If the proposed solution as outlined is not satisfactory to the Gas Pipeline Safety Staff, the violation shall be referred to the Public Service Commission for formal resolution in either of the following manners:

11.11.1. The Commission may seek an injunction or mandamus in a state circuit court in cases where immediate action is necessary; or

11.11.2. The Commission may issue a show-cause order and/or schedule a hearing requiring the operator to demonstrate why the operator should be subject to the penalties set forth in West Virginia Code Chapter 24B, Article 4, Section 6, as amended. This section permits civil penalties of $1,000 for each violation, with total fines not to exceed $200,000 for any related series of violations subject to standards as hereinafter noted. Any civil penalty imposed by the Commission shall be based on:

11.11.2.a. the appropriateness in relation to the size of the business of the person charged,

11.11.2.b. the gravity of the violation,

11.11.2.c. the good faith of the person charged in attempting to achieve compliance,

11.11.2.d. the history of prior violations, and

11.11.2.e. other matters as justice may require.

11.11.3. The Commission may, pursuant to hearing, order an operator to take corrective action. Failure to obey such an order can result in:

11.11.3.a. fines under W. Va. Code, Chapter 24B, Article 4, Section 6,

11.11.3.b. action by the Commission against the operator in a state circuit court,

11.11.3.c. action by the Commission against the operator in the West Virginia Supreme Court of Appeals, or,

11.11.3.d. action by the Commission against the operator in any federal circuit court having jurisdiction.

11.12. Hazardous Facility Order

11.12.1. Whenever the Commission or the Director of Gas Pipeline Safety shall find a particular facility to present an imminent hazard to life or property, it shall be empowered to require the owner or operator of the facility to take immediate steps necessary to correct such hazards. Corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action, as appropriate.

11.12.2. An opportunity shall be given for a hearing as soon as practicable after the issuance of any order hereunder, in accordance with Chapter 24B, Article 4, Section 1, of the W. Va. Code, as amended and, in no event later than ten (10) days after suspension of the use of a major facility. The Director of Pipeline Safety shall rescind or suspend a "hazardous facility order" whenever he determines that the facility is no longer hazardous to life or property. When appropriate, however, such a rescission or suspension may be accompanied by a notice of violation issued under Rule 11.8.

11.13. Appeal -- Any operator subject to an order from the Public Service Commission may petition the Commission for reconsideration of the order under Rule 19 of the Commission's Rules of Practice and Procedure. Moreover, any operator aggrieved by an order of the Public Service Commission may seek relief from the West Virginia Supreme Court of Appeals under W. Va. Code, Chapter 24B, Article 6, Section 1.

ED. NOTE: 67 All forms are available from the P.S.C.:

Table 150CSR4-A Normal Gauge Pressure Index Registration Between Tests Less than 2 pounds 5800x The rated Hourly Capacity at one-half (.5) inch Differential Pressure. 2 to 25 pounds 4500x The rated Hourly Capacity at one-half (.5) inch Differential Pressure. 26 to 75 pounds 3000x The rated Hourly Capacity at one-half (.5) inch Differential Pressure. 76 to 200 pounds 2000x The rated Hourly Capacity at one-half (.5) inch Differential Pressure.

Over 200 pounds 1250x The rated Hourly Capacity at one-half (.5) inch Differential Pressure.

Table 150CSR4-B Meter Test Fees For each gas service meter:

Not exceeding a rated capacity of 300 cu ft/hr – $5.00 Exceeding 300 cu ft/hr but not exceeding 1,000 cu ft/hr – $5.00 Exceeding 1,000 cu ft/hr – $10.00 Orifice meters – $10.00 ORDER OF FORMS 1. Qualification Card For Meterman 2. Meterman’s Card 3. Form E.D. No. 1 - Gas Utility Report (Front)

4. (Back) - Verification (E.D. No. 1)

5. 609-A Page 1 of 2 - Gas Statistic-West Virginia 6. 609-A Page 2 of 2 - Gas Statistic-West Virginia 7. 609-B Page 1 of 2 - Gas Statistics-All States 8. 609-B Page 2 of 2 - Gas Statistics-All States 9. Certification of Revenue Deficiency 214.6 10. Certification of Revenue Deficiency 214.6A 11. Verification (Attached to 214.6 and 214.6A)

6. P.S.C. W.Va. Form No. 14-G - Page 1 of 4 13. P.S.C. W.Va. Form No. 14-G - Page 2 of 4 14. P.S.C. W.Va. Form No. 14-G - Page 3 of 4 15. P.S.C. W.Va. Form No. 14-G - Page 4 of 4 16. P.S.C. W.Va. Form No. 14-MG (Front)

QUALIFICATION CARD FOR METERMAN

Name ______________________________________________ Age ______ Date ______________________ Address __________________________________________________________________________________ Title _____________________________________________________________________________________ Employer ___________________________________________ Shop Location _________________________ Supervisor-Name _____________________________________ Title _________________________________ GENERAL EXPERIENCE Type of Work Company Years (1) __________________________ _________________________________________________ _______ (2) __________________________ _________________________________________________ _______ (3) __________________________ _________________________________________________ _______ (4) __________________________ _________________________________________________ _______ (5) __________________________ _________________________________________________ _______ *METER EXPERIENCE Type Meter Nature of Work Company Years (1) Domestic Gas Meters........... ___________________________ ________________________ _______ (2) Domestic Gas Meters .......... ___________________________ ________________________ _______ (3) Large Disp. or Prop. Meters ___________________________ ________________________ _______ (4) Large Disp. or Prop. Meters ___________________________ ________________________ _______ (5) Orifice Meters ..................... ___________________________ ________________________ _______ (6) Orifice Meters ..................... ___________________________ ________________________ _______ Remarks: __________________________________________________________________________________ __________________________________________________________________________________________ *State, under remarks, in detail the type or kind or work done on meters.

Should this application be approved. I will test all gas meters in accordance with the Gas Service Rules of the Public Service Commission of West Virginia, and will not seal or approve for installation any meter that does not meet all of the requirements of the Gas Service Rules. ______________________________________________ Signature (Back)

CERTIFICATE BY RESPONSIBLE REPRESENTATIVE OF THE UTILITY

I, _____________________________________________________, _____________________________ of Name Title The _____________________________________________________ certify that I have read the questions Gas Company and answers on this card, relative to the experience of ______________________________________________ Name of employee and that they are true and correct to the best of my knowledge and belief. I further certify that the above named employee is competent _______________________________________________________________________ Domestic-Large Displacement or Proportional-Orifice to test meters and will, in my opinion, faithfully and honestly discharge the duties of meterman. _______________________________________________ Signature TO BE FILLED BY THE PUBLIC SERVICE COMMISSION The above employee has been authorized to test Gas Meters as shown below.

1. Domestic _______________________________________________ 2. Large Displacement or Proportional _______________________________________________ 3. Orifice _______________________________________________ Gas Engineer (Front)

METERMAN'S CARD

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA

Charleston, West Virginia No. ______________________________ Date __________________________________________ __________________________________________________________________________________________ (Name of Employee) is hereby authorized to test the following type or types of gas meters.

1. Domestic Gas Meters (Bell Type Prover) ______________________________________ 2. Large Displacement or Proportional Gas Meters ______________________________________ 3. Orifice Meters ______________________________________ Utility ____________________________________________________________________________________ Shop Location _____________________________________________________________________________ Gas Engineer _________________________________________________ (over)

(Back)

RULE 24-AUTHORIZED METERMAN

Meterman Required. (a) Every utility shall have in its employ one or more competent metermen whose duty it shall be to perform such tests as may be necessary to determine the accuracy of the utility's meters.

Certification of Meterman. (b) A utility desiring to certify an employee as a meterman must secure a qualification card from the Commission; having same executed by the applicant and returned to the Commission; together with a certification by a responsible representative of the utility as to the facts contained on the card. The Commission will thereupon issue a card to the employee, if the applicant's qualifications are satisfactory, stating that the qualification card has been received and filed, and that the employee is authorized to test meters of the type shown on the card.

Experience Required. (c) No employee of a utility shall be authorized to test meters unless he/she has had at least six (6) months' experience in a utility gas meter shop or equivalent experience, part of which time must have been spent working on the type meter for which authority to test has been requested. All tests must be made by an authorized meterman.

Reports to Commission. (d) Each utility shall file on or before February 1st, each year, a list of personnel in its employ authorized to test meters.

The utility shall notify the Commission and shall take up and return the meterman's card when a certified meterman ceases to be in its employ.

All metermen authorized to test gas meters on the effective date of these rules and regulations shall execute and file within sixty (60) days, a qualification card; whereupon a new authorization card will be issued to such employee.

Form E.D. No. 1 (Front)

GAS UTILITY REPORT

REPORT OF METERS, CUSTOMERS AND REFUNDS

TO THE

ENGINEERING DIVISION

THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA Charleston THIS REPORT TO BE MADE MONTHLY BY UTILITIES HAVING 300 OR MORE METERS THIS REPORT TO BE MADE QUARTERLY BY UTILITIES HAVING LESS THAN 300 METERS Name of Utility _____________________________________ Operating District ____________________ Period Covered by this Report ________________________ To _________________________________ Number of Orifice Gauges Tested During This Period - Static ___ Differential ______________________ Number of Orifice Plates Checked for Diameter and Condition During This Period ___________________ Number of Specific Gravity Determinations Made During This Period_______________________ *Number of Meters from Service, Displacement or Proportional, Tested During This Period Were:

More Than 2% Slow _______ ; More Than 2% Fast _______ ; ***D.R. ______ ****D.P.G. __________ Total ______ 0 to 2% Slow ______ ; 0 to 2% Fast _______ ; Correct ________ ; Total _______________ **Number of New Meters or Old Meters not from Service Tested During This Period Total Meters Tested During This Period Number of Tests Made at Customers' Request as per This Report Number of Tests Made at Commission's Request as per This Report Past Due for Test-Displacement Meters Proportional Meters Orifice Gauges Orifice Plates Specific Gravity Metered Unmetered Total Customers Customers Customers Number Domestic Customers Served _______________ _______________ ______________ Number Commercial Customers Served _______________ _______________ ______________ Number Industrial Customers Served _______________ _______________ ______________ Number All Customers Served………………. _______________ _______________ ______________ Total Number of Customers - All Classes _______________ _______________ ______________ *Number of Refunds to be Made Account Fast Meters Found During This Period ____________________ Total Amount of Refunds Account of Fast Meters Found During This Period ________________________ Number of Customers to be Billed Account of Slow Meters Found During This Period ________________ __________________________________________________________________________________________ Total Amount to be Billed Account of Slow Meters Found During This Period NOTES: * Make special note if any Meters more than 2% fast or slow recorded above were used to measure service for company's use, free customers, customers who had a minimum bill for three (3) months previous to date of test, or any other special condition. ** All new meters must be tested and a record made of their condition before being installed, but a report of their percent condition on in test is not required. *** D.R. - Means meter does not register. **** D.P.G. - Means meter does not pass gas.

(over)

(Back)

VERIFICATION

STATE OF ______________________________________

SS:

COUNTY OF ____________________________________ ____________________________________________________________ being duly sworn says that he/she is (Insert Here Name of Affiant) __________________________________________________________________________________________ of (Insert Here the Official Title of the Affiant) ____________________________________________________________________________________________ (Insert Here the Exact Legal Title or Name of the Utility) that it is his/her duty as _________________________________________________________________ to have supervision over the testing of all meters of the utility in the _________________________________________ operating district; that the meter tests as set out in the foregoing report during the period covered thereby have been made; that the said report has been prepared in accordance with instructions contained in the Gas Service Rules of the Public Service Commission of West Virginia; that he/she has carefully examined the said report and that the entries contained therein are true and correct to the best of his/her knowledge and belief; that the said report is a correct record in the detail prescribed by the Gas Service Rules of the Public Service Commission of West Virginia of all gas meter tests made in the shops of the above named utility during the ____________________________________________________________________ period of time from and including _____________________, 19, to and including _______________________, 19; and that the accuracy of all meters installed during the period covered by the report were within the limits specified by the rules and regulations of the Public Service Commission. Except, due to an emergency, meters as shown below were installed without the required test: ______________________________ __________________________________ _____________________ Small Displacement Meters Large Displacement or Prop. Meters Orifice Meters The meters installed under the emergency will be removed and tested as soon as practical I further certify that I am the duly authorized agent of the utility company to make this oath _____________________________________________________________ (Signature of Affiant)

Taken, sworn to and subscribed before me, the undersigned authority, this __________ day of ________ , 19______, as witness my hand and official seal.

My commission expires ____________________________________________________________________, ____________________________________________________________ (Notary Public)

AFFIX SEAL

HERE 609-A Page 1 of 2 (14.73 p.s.i.a. at 60F)

GAS STATISTIC - WEST VIRGINIA

Name of Company ________________________________ Month _______________ Year _______ **** INPUT M.C.F. M.C.F.

WEST VIRGINIA:

Produced ___________________ _______________ Purchased:

From Non-Utilities __________________ _______________ From Utilities __________________ _______________ Total Purchased _______________ Gas Received from Storage _______________ Gas Received for Transport to Other Companies _______________ Exchange Gas Received (Gross) _______________ Total West Virginia _______________ *IMPORTED FROM OTHER STATES:

Purchase __________________ Produced by Company __________________ Exchange Gas Received (Gross) __________________ Total Import ________________ Total Input ________________ OUTPUT WEST VIRGINIA:

Regulated Sales ________________ Non-Regulated Sales:

To Utilities _________________ To Others _________________ Total Non-Regulated Sales ________________ Gas Transferred to Storage ________________ Transport Gas Delivered to Other Companies ________________ Exchange Gas Delivered (Gross) ________________ Shrinkage due to Gasoline Extraction or Processing Company Use ________________ Free Gas ________________ Unaccounted for Gas ________________ Total West Virginia ________________ **EXPORTED TO OTHER STATES:

Sales to Utilities in Other States __________________ Sales to Utilities at State Line for Export __________________ Other Out-of-State Sales __________________ Total Sales ________________ Exchange Gas Delivered (Gross) ________________ Company Use Total Exports ________________ Total Output ________________ SALES-WEST VIRGINIA ***Regulated Nonregulated Total Residential _________________ _________________ _______________ Commercial _________________ _________________ _______________ Industrial………………………………….. _________________ _________________ _______________ Public Street and Highway Lighting……. _________________ _________________ _______________ Other Sales to Public Authorities……….. _________________ _________________ _______________ Inter-Departmental Sales………………… _________________ _________________ _______________ Other Sales………………………………… _________________ _________________ _______________ TOTAL SALES * Determined by point of origin, and point of receipt or ownership. ** Determined by point of delivery and point of use; or sale. *** Include only sales regulated by P.S.C. of West Virginia. **** Calendar year summary required.

GAS STATISTICS - WEST VIRGINIA

STORED GAS 609-A Page 2 of 2 COMPANY MONTH YEAR M.C.F.

In Storage Beginning of Period _______________________________________________________________ Placed in Storage During Period ______________________________________________________________ TOTAL ____________________________________________________________________________ Withdrawn from Storage During Period _______________________________________________________ In Storage End of Period EXCHANGE GAS Name of Company In West Virginia Imported From Other States EXCHANGE-IN For Delivery Line Loss Allowance In Transit For Delivery Allowance In Transit 1. 2. 3. 4. 5.

TOTAL

EXCHANGE-OUT 1. 2. 3. 4. 5.

TOTAL

MISCELLANEOUS

Items Production Transmission Distribution Total Free Gas Lost and Unaccounted-For Gas (Estimated if Not Measured)

Gas Transported for Others 609-B Page 1 of 2 GAS STATISTICS-ALL STATES Company ______________________ Month ________ Year _____ ** M.C.F. M.C.F.

INPUT

Produced ………………………………………………………………………………. ________________ Purchased:

From Utilities ________________ From Others ________________ Total Purchases ________________ Exchange-in (Gross) ________________ TOTAL INPUT ________________ OUTPUT *Regulated Sales ________________ Non-Regulated Sales:

To Utilities ________________ To Other ________________ Total Sales ________________ Shrinkage Due to Gasoline Extraction or Processing ________________ Exchange-Out (Gross) ________________ Company Use ________________ Free Gas ________________ TOTAL OUTPUT ________________ *REGULATED SALES Residential ________________ Commercial ________________ Industrial………………………………………………………………………………. ________________ Public Street and Highway Lighting…………………………………………………. ________________ Other Sales to Public Authorities…………………………………………………….. ________________ Interdepartmental Sales………………………………………………………………. ________________ Other Sales……………………………………………………………………………… ________________ TOTAL REGULATED SALES ……………………………………………… ________________ * Includes only regulated sales. ** Calendar year summary required 609-B Page 2 of 2 COMPANY MONTH YEAR STORAGE GAS MCF In Storage Beginning of Period Placed in Storage During Period Withdrawn from Storage During Period In Storage End of Period EXCHANGE GAS M.C.F.

All States Company Redelivery Allowance for Line Loss In Transit 1. 2. 3. 4. 5.

Total Exchange Out Company 1. 2. 3. 4. 5.

Total MISCELLANEOUS Production Transmission Distribution Total *Lost and Unaccounted for Gas M.C.F.

FREE GAS M.C.F.

GAS TRANSPORTED FOR OTHER Estimated if not measured PSC WV Form No. 214.6 Public Service Commission of West Virginia CERTIFICATION OF REVENUE DEFICIENCY SUMMARY REPORT For Billing Month of ________________________ , l9_____ to __________________________ , l9_____ SSI AFDC AFDC-U FOOD STAMPS +60 TOTAL (1) Total Applications Received (2) Total Applications Rejected (3) Number of Customers Given Discount (4) Total Number of Discounted Bills Rendered (5) Total Amount Which Would Have Been Billed at Non-Discounted Rates (6) Total Amount Billed at Discounted Rates (7) Revenue Deficiency $ (5) - (6)

Specify ALL rates and charges to which 20% discount was applied _____________________________________________________________________________________________ _____________________________________________________________________________________________ ____________________________________________________________________________________________ * Including forfeited discounts or penalties, but excluding local taxes.

Company PSC WV Form No. 2l4.6A Public Service Commission of West Virginia CERTIFICATION OF REVENUE DEFICIENCY REPORT For Billing Month of ________________________ , l9_____ SSI AFDC AFDC-U FOOD STAMPS +60 TOTAL (1) Eligible Customers From Previous Period (2) Applications Received This Period (3) Applications Rejected This Period (4) Customers Who Became Ineligible This Period (5) Eligible Customers This Period (1 + (2 - 3) - 4)

(6) Revenue Deficiency $ * List, by general category, reasons for rejection of application for special reduced rates (Example: Applicant not Qualified Customer - #).

Continue on separate sheet. _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ VERIFICATION STATE OF __________________________________________ COUNTY OF _________________________________ , to-wit: ______________________________________________ of the _______________________________________ (Officer or Partner) (Company) the applicant(s) named in the foregoing application, being duly sworn, says that he knows the contents of said application, and that the facts therein are true and are accurately based upon the books and records of the company. _____________________________________________________________ _____________________________________________________________ (Title)

Taken, sworn to and subscribed before me this ____________________ day of _____________________, 19 My Commission expires ___________________________________________________________,20 _______________________________________________________________________________ (Notary Public)

Contact Officer _________________________________________ Telephone Number ______________________________________ P.S.C. W. VA. FORM NO. 14-G Page 1 of 4 (Insert Company Name Here)

NOTICE OF SCHEDULED TERMINATION OF SERVICE

AND CUSTOMER RIGHTS

We have scheduled your ___________________________________ service provided at _____________________________________________________________________________________ (Address) for termination on or after ______________________________________.

(Date)

This action has been taken for the following reason(s):

(Explain reason and facts resulting in decision to terminate service.)

If your service is terminated you may be subject to additional charges involving reconnect fees and deposit requirements in order to restore service.

YOU HAVE THE RIGHT TO CHALLENGE THE TERMINATION IF YOU BELIEVE ANY OF THE FOLLOWING CONDITIONS APPLY TO YOU:

1. Any portion of the bill is in dispute.

2. You are being charged for service not received.

3. The information above is incorrect.

4. You wish to negotiate a deferred payment agreement to pay a delinquency in installments. (provided you are a residential customer).

5. Termination of service would be dangerous to the health or safety of a member of your household.

If the reason for your challenge is 1, 2, or 3 above, you will have to pay any amount not in dispute. If the reason for your challenge is 4 or 5, we will enter into a deferred payment agreement with you. You must pay your current utility bill while we work out a payment agreement for your delinquency. The standard deferred payment agreement requires you to pay a total of the amount of your delinquency and a service fee equal to 2% of your delinquency. You must pay the total (delinquency + service fee) over twelve months in equal monthly payments. You may request a shorter payment period. If your financial circumstances justify a longer payment period, we may or may not agree to a longer period depending on the amount of your delinquency, your financial circumstances, your payment history, and the amount of time you have been delinquent. If your service is terminated for non-payment, you will not have the option of entering into a twelve-month standard deferred payment agreement; you will be required to pay, up front, at least one-half of your outstanding balance and a customer deposit with the remaining balance to be paid over a maximum of six (6) months. In addition there will be a reconnection fee that may be paid up front or included in the amount to be paid over six months.

YOU MUST NOTIFY US BEFORE THE DATE OF TERMINATION IN ORDER TO PROTECT YOUR RIGHTS UNDER THIS RULE:

(Provide instructions for contacting the appropriate utility personnel by telephone and mail, including business hours)

P.S.C. W. VA. FORM NO. 14-G

Page 2 of 4 Once you have notified us of your challenge, we will schedule an in-person meeting between you and a designated utility employee. You may choose that the meeting take place at the utility business office nearest to your residence or place of work, or by telephone conference. After the meeting, we will provide you with written notice of our decision, and we will not proceed with termination during the seven (7) days after we issue the decision. If you disagree with our decision, you may, within the seven (7) day period, elect a standard deferred payment agreement, request assistance from the Public Service Commission, or file a formal complaint with the Commission.

To request assistance from or file a formal complaint with the PSC, visit the website www.psc.state.wv.us or call toll free 1-800-642-8544 or write to this address:

Public Service Commission of West Virginia c/o Customer Assistance 201 Brooks Street P. O. Box 812 Charleston, West Virginia 25323 Inform us if a near relative or responsible third party should receive notices regarding termination of your utility service or about any other material action on your account. After you provide us with contact information for a near relative or third-party, we will provide all relevant notices to that person or persons.

If you are in need of assistance to pay your bill you should contact the following agencies: (List agencies in service area.)

If you desire the assistance of a lawyer with regard to the scheduled termination and are unable to pay for legal counsel, contact one of the following low income legal assistance organizations: (List agencies in service area.)

P.S.C. W. VA. FORM NO. 14-G

Page 3 of 4 Electricity and Gas Customer Options Relating to Delinquent Bill Payments 1. Your utility is required to give you notice before terminating your service due to delinquent payment. The notice requirements are found in Public Service Commission Rules.

2. You should contact your utility immediately upon receiving notice that your account is delinquent. Additional fees and payment requirements will apply if your service is turned off.

3. When you receive a termination notice, you may avoid termination and the expenses of reconnection by paying the delinquent amount in full before the termination date. If you are unable to pay your delinquency, you may ask state agencies or local charitable organizations for help. To learn of agencies and organizations, dial 211 or ask your utility.

4. If you cannot pay the delinquency in full and do not want your service terminated, you should contact the utility before the termination date. The utility will offer you a standard deferred payment agreement allowing you to pay the total of your delinquency plus a two-percent (2%) service fee over twelve (12) months in equal monthly payments. A shorter payment term may be negotiated. You must pay your current bill during the time you are negotiating a deferred payment agreement.

5. If you dispute a portion of your bill, believe you are being charged for service not being received, or would like a deferred payment agreement longer than twelve (12) months, you should request a utility meeting (phone or in-person) before the termination date. You must justify any request for a longer payment term. You must pay your current bill during the time you are negotiating a deferred payment agreement.

6. If you and your utility have a meeting but do not agree on how to address a delinquency, you have seven days after the utility decision to avoid termination by electing a standard deferred payment agreement, or by requesting assistance from the Public Service Commission or filing a formal complaint with the Public Service Commission. To do so, visit the website www.psc.state.wv.us, call 1-800-642-8544 or write to this address: Public Service Commission of West Virginia, c/o Customer Assistance, 201 Brooks Street, P. O. Box 812, Charleston, West Virginia 25323. You must pay your current bills during the time you are seeking assistance from the Public Service Commission.

7. If you enter into a deferred payment agreement with your utility and then fail to make any required payment, the utility may terminate your service after giving you notice. To avoid termination, make your payment immediately when you receive notice.

8. Your utility is not required to renegotiate your deferred payment agreement unless you can show that your financial circumstances have significantly changed for the worse. Your utility is not required to renegotiate an agreement due to a significant change in your financial circumstances more than once. You must pay your current bill plus some payment on your delinquency during the time you are renegotiating a deferred payment agreement.

9. You have certain additional notice of termination rights if you have provided the utility with certification from a currently licensed physician, nurse practitioner or physician assistant that termination of service would be dangerous to you or a member of your household.

P.S.C. W. VA. FORM NO. 14-G

Page 4 of 4 If Your Service is Terminated If your service is terminated because you ignore a termination notice, contact your utility by calling [utility to insert local or toll-free phone number and instructions on other ways to contact utility]. The utility is not required to reestablish service unless you pay up-front a minimum of half of your delinquency plus a deposit and you enter into a six-month payment agreement to pay the remainder of your delinquency plus a 2% service fee and a reconnection fee.

P.S.C. W.Va. FORM NO. 14-MG NOTICE The natural gas service at this building, _________________________________________________________ is scheduled for termination on or after___________________________________________________________ .

This action has been taken for the following reasons(s):

(Include reasons and facts resulting in decision to terminate service.)

In order to avoid termination, one of the following steps may be taken:

a. the current customer must pay its bill or enter into a deferred payment agreement to pay with the utility; or b. one or more tenants must apply for service in their own names becoming a new customer of the utility. The new customer will not be responsible for the delinquency incurred by the former customer, unless they were a member of the household when the charges were incurred.

c. Although either of these steps will avoid termination, you are encouraged to seek legal advice and assistance regarding other rights that you may have.

Series 05 Rules for the Government of Sewer Utilities

W. Va. Code R. § 150-5-1 General

1.1. Scope. -- These rules govern the operation and service of sewer utilities subject to the jurisdiction of the Public Service Commission pursuant to W. Va. Code §24-2-1.

1.2. Authority. -- W. Va. Code §§24-1-1, 24-1-7, 24-2-1, 24-2-2, and 24-2H-1.

1.3. Filing Date. -- January 24, 2023

1.4. Effective Date. -- March 25, 2023

1.5. General.

1.5.1. These rules replace rules that went into effect on September 14, 2021.

1.5.2. These rules are intended to ensure adequate service to the public, to provide standards for uniform and fair charges and requirements by the utilities and customers, and to establish the rights and responsibilities of utilities and customers.

1.5.3. Adoption of these rules in no way precludes the Commission from altering or amending them in whole or in part, or from requiring any other or additional service, equipment, facility or standard, either upon complaint or upon its own motion, or upon the application of any utility.

1.5.4. These rules will not relieve in any way a utility from any of its duties under the laws of this State.

W. Va. Code R. § 150-5-2 Application of rules

2.1. These rules apply to all public utilities as defined in Sewer Rule 3.

2.1.1. If hardship results from the application of any Sewer Rule or if unusual difficulty is involved in immediately complying with any rule, application may be made to the Commission for the modification of the rule or for temporary or permanent exemption from its provisions. Provided, that no application for modification or exemption will be considered by the Commission unless there is submitted therewith a full and complete justification for such action.

W. Va. Code R. § 150-5-3 Definitions

3.1. “Alternate main extension” – Any Commission-approved extension of the utility’s mains to serve new customers that does not follow the general main extension provisions that are provided for under Rules 7.4.1 through 7.4.8.f.

3.2. “Applicant” -- A person, firm, corporation, municipality, public service district or any other entity that applies for sewer service.

3.3. “Available sewer service” -- Sewer service will be deemed available to a customer when a main is installed and maintained by the utility in such location and at such distance from the user’s premises as may be provided by city ordinance or by the rules of the utility: Provided, that service shall not be deemed to be available unless the sewage will flow by gravity or be transported by such other methods approved by the Bureau for Public Health including, but not limited to, vacuum and pressure systems, approved under W. Va. Code §16-1-9, from the customer’s point of service into the utility service pipe.

3.4. Billing Related Dates.

3.4.2. “Bill due date” -- The date when the utility mails the bill.

3.4.3. “Latest pay date” -- The last date that the bill may be paid without incurring a late payment penalty. The latest pay date shall be no sooner than the 20th day following the date the utility mails the bill and must be stated on the face of the bill.

3.4.4. “Delinquent bill” -- Any bill issued by a public service district or a municipal system that has not been paid within twenty (20) days of the bill due date; or any bill issued by a sewer utility that is not a public service district or a municipal system within thirty (30) days of the bill due date. The date that a bill will become delinquent must be stated on the face of the bill.

3.5. “Commercial Service” -- Service to each separate business enterprise, occupation or institution occupying for its exclusive use any units or units of space as an entire building, entire floor, suite of rooms or a single room, and using water for such incidental use as the schedule of rates applicable to the particular installation may permit. Commercial service shall apply to all stores, offices, hotels, wholesale houses, garages, display windows, signs, theaters, barber and beauty shops, churches, opera houses, auditoriums, lodge halls, school houses, banks, bakeries and any other space occupied for commercial purposes. Any rooming house, lodging house, resort, inn or tavern renting more than four (4) rooms to strangers or transients without any previous agreement for accommodation or as to the duration of stay shall be classed as a hotel and as such it comes under the commercial classification.

3.6. “Commission” -- Whenever in these rules the words "Commission" or "Public Service Commission" appear, such word, or words, shall, unless a different intent clearly appears from the context, be taken to mean the Public Service Commission of West Virginia.

3.7. “Customer” -- Any such person, firm, corporation, municipality, public service district or any other entity who/that purchases a product or services from any utility including any such person, firm, corporation, municipality, public service district or any other entity who purchases such services or product for resale.

3.8. “Customer’s Service Pipe” -- That portion of the service pipe from the point of service to the structure or premises supplied.

3.9. “Governmental Unit” -- Any municipality or other political subdivision or agency of the State of West Virginia or the Federal Government.

3.10. “Moratorium” -- A condition imposed on a utility by the Commission prohibiting service connections and/or reactivation of service for an entire system, or a portion thereof.

3.11. “Payment” -- Payment is made by any form of legal payment, including vouchers, that the utility accepts.

3.12. “Point of service” -- The point at which the utility’s pipe and appurtenances connect the utility service pipe with the inlet connection of a customer’s service pipe at or near the customer’s property line or elsewhere if provided for in a user’s agreement. The utility shall own and maintain all facilities located between the point of service and the main.

3.13. “Public Utility” -- Except where a different meaning clearly appears from the context, the word, or words, “Utility” or “Public Utility” when used in these rules shall include any person or persons, or association of persons, however associated, whether incorporated or not, including municipalities, engaged in the business of collecting, transporting, and/or treating sewage.

3.14. “Residential Service” -- Service to a householder or a tenant, living in a separate house or separate apartment in an apartment building, using water and sewer for general household service. If an owner of a multiple apartment building undertakes to furnish water to tenants as a part of the tenants’ monthly rent, then such service shall be classed as “Commercial.” However, a close branch of a householder’s family living with the householder and using the same water facilities shall not be classified as an additional service or as “Commercial.” In cases where a householder or tenant devotes some portion of the occupied building to commercial use and uses the remainder as a residence then the predominate use of water shall constitute the basis for classification as either residential or commercial.

3.15. “Sewer Main” -- Sewer pipe owned, operated, or maintained by the utility located in a public right-of-way, street, alley, or private right-of-way, used for the purpose of collecting sewage and from which service connections for customers are taken. Any sewer pipe extending through a utility right-of-way across private property shall be a sewer main. Costs to install a sewer main across private property are subject to the cost-sharing provisions of Sewer Rule 7.4, unless a sewer main is extended pursuant to an alternate main extension agreement under Rule 7.4.5.b.

3.16. “Temporary Service Connection” -- A connection installed for temporary use provided that the customer's premises is located on a lot having a curb line abutting a street or public right-of-way in which is located a utility sewer main extending along the total frontage of the lot on said street or right-of-way, unless otherwise agreed to by the utility.

3.17. “Utility Service Pipe” -- That portion of the service pipe between the sewer main and the point of service.

W. Va. Code R. § 150-5-4 Records, Reports and Other Information to be Supplied to the Commission

4.1. Records and reports.

4.1.1. Preservation of records. -- All records required by these rules shall be preserved by the utility in the manner prescribed by the Commission.

4.1.2. Location of records.

4.1.2.a. Required records should be kept at the office or offices of the utility in West Virginia and shall be available during the utility’s regular business hours for examination by the Commission or its duly authorized representative.

4.1.2.b. If kept outside the State, records shall be brought to the utility’s office in West Virginia upon request of the Commission, or the utility may be required to pay the reasonable traveling expenses of Commission employees assigned to examine the records.

4.1.3. Reports to the Commission. -- Upon Commission request, a utility shall furnish to the Commission the results of any test or tests required to be made, or the information contained in any records required to be kept by the utility, or any further information in its possession respecting its rates, charges, or practices, without formal order of the Commission requiring the release of such information.

4.2. Filing of rate schedules.

4.2.1. Tariffs containing rates and rules of each utility shall be filed in the manner prescribed by the Commission in “Rules for the Construction and Filing of Tariffs,” 150CSR2 (Tariff Rules) effective as amended or modified by the Commission.

4.2.2. Municipal rates. -- Rates for municipal sewer and combined water and sewer utilities shall be adopted, and tariffs shall be filed, in accordance with the Commission’s Tariff Rules, effective as amended or modified by the Commission.

4.3. Utility’s special rules.

4.3.1. A utility desiring to establish any rule(s) supplementing the rules of the Commission shall first make application to the Commission for authority to establish such a rule(s), clearly stating the reasons for the rule(s).

4.3.2. On and after ninety (90) days from the effective date of these Rules, any utility’s special rules and regulations now on file with the Commission which conflict with these rules, will become null and void, unless they subsequently have been refiled after the effective date of these rules and approved by the Commission.

4.3.3. Exemption. -- A customer who has complied with the rules of the Commission shall not be denied service for failure to comply with the rules of the utility that have not been approved by the Commission.

4.4. Financial and statistical report.

4.4.1. Each utility shall file annually a financial and statistical report with the Commission. The report shall be based upon the accounts set up in conformity with Sewer Rule 4.5. The report shall be filed on or before three (3) months following the end of the utility’s fiscal year or on such date as the Commission may direct. The form requirement will be specified in the annual letter sent by the Commission to utilities. The report shall be filed utilizing the form template and filing instructions that can be found on the Commission web site.

4.4.2. Upon written request and for good cause shown, the Commission may approve or disapprove, through its Executive Secretary, by letter, a reasonable extension of time to file the financial and statistical report. A utility shall apply for an extension before the expiration of the time for filing the report.

4.5. Uniform system of accounts.

4.5.1. All sewer utilities shall maintain all accounts and records in compliance with the Uniform System of Accounts as promulgated in 1996 by the National Association of Regulatory Utility Commissioners for Class A, B, and C sewer utilities.

4.5.2. All persons having direct charge of the books and accounts of the utility must observe the system of accounts applicable to the utility by appropriate class. For the purpose of securing uniformity in the applications of this system, all questions of doubtful interpretation of accounting rules are to be submitted to the Commission for consideration and decision.

4.5.3. The classification of sewer utilities for purposes of keeping accounts in accordance with the Uniform System of Accounts shall be as follows:

Classification Revenue Level A $1,000,000 or more B $200,000 - 999,999 C less than $200,000

4.6. Maps and records.

4.6.1. Each utility shall keep on file suitable maps, plans, and records showing the entire layout of every pumping station, treatment plant, transmission and collection line, with the location, size and capacity of each plant, size of each transmission and collection line, and customer’s service, and other facilities used in the collection and treatment of sewage.

4.6.2. In the case of new construction or property acquired from others, a utility shall reflect the changes in the maps and records by the end of the next calendar year, following the year the construction is done or property acquired. All drawings shall have the scale clearly shown and be of sufficient detail to accurately depict the project or property.

4.6.3. In general, where present maps of existing facilities are not entirely up-to-date, special surveys to locate any plant or facilities will not be required immediately, but maps must be updated as prescribed by the Commission.

4.7. Management audits.

4.7.1. Scope. -- To establish a procedure for examination of management practices and policies to determine whether the utility being audited is operating with efficiency and utilizing sound management practices. The purpose of a management audit is to disclose operating areas that are efficient or inefficient, to identify areas for improvement, and to form recommendations for changes. The results of a management audit and the response of the utility to the recommendations and implementation plans developed pursuant to a management audit may be a factor in determining just and reasonable rates, as set out herein.

4.7.2. Types of management audits. -- The following types of management audits, which vary in scope, may be directed and utilized by the Commission:

4.7.2.a. Comprehensive. -- An investigation characterized by an extensive, detailed analysis of a utility’s management and operations.

4.7.2.b. Reconnaissance. -- A broad review, similar in scope to a comprehensive audit, but in less detail. The objective of this type of audit is to identify specific areas for more intensive investigation based upon the magnitude of the problem identified or the potential benefits to be derived.

4.7.2.c. Focused. -- An in-depth investigation of one (1) or several specific areas of a utility’s management and operations.

4.7.3. Frequency. -- The Commission shall order a management audit of any utility under its jurisdiction whenever the Commission deems it necessary to investigate the operational efficiency of the utility. Such factors as the cost of the management audit and the potential benefits of such audit may be taken into consideration. The Commission may accept or request a management audit performed under the rules of another jurisdiction in satisfaction of this rule when that audit is of the scope contemplated by the Commission, conforms to the standards herein set forth, and covers the utility’s service functions in its West Virginia jurisdiction.

4.7.4. Conduct and control.

4.7.4.a. The Commission may choose to have the audit performed by its staff or contracted to a qualified outside auditing firm. In the latter case, the Commission may supervise the selection process. If the management audit is to be conducted by an auditing firm, the Commission’s order initiating the audit shall include provision for the development of the request for proposal (RFP), the consultant selection process and staff’s assistance and supervision during the audit.

4.7.4.b. The Commission may impose eligibility restrictions upon contractors relating to past, current, and post-audit relationships with the utility.

4.7.4.c. The utility is expected to cooperate to the fullest extent with the performer of a Commission ordered management audit. A responsible employee shall be appointed by the utility as its management audit coordinator, who shall be responsible to assist in the efficient performance of the management audit.

4.7.5. Costs. -- The audited utility is responsible to pay for a contracted audit. The Commission shall include the reasonable cost of conducting the contracted management audit in the cost of service of the utility. The Commission may allow such costs to be recovered in the utility’s next general rate case following completion of the audit, or the Commission may order such costs to be amortized over a reasonable period of years, considering the impact of these costs on both the utility and its customers.

4.7.6. Implementation of recommendations.

4.7.6.a. Draft report.

4.7.6.a.1. Upon completion of the audit the auditor will submit a draft report to the utility for comments.

4.7.6.a.2. The auditor and utility representatives shall conduct a draft review meeting subsequent to the distribution of the draft review report.

4.7.6.b. Final report.

4.7.6.b.1. The auditor will submit a final report to the Commission no later than thirty (30) days after the submission of the draft report to the utility.

4.7.6.b.2. Within thirty (30) days of the final submission of the management audit report, the utility shall file a document detailing its position on each audit recommendation. This document must state which recommendations are acceptable to the utility and the nature of the utility’s disagreement with any recommendations.

4.7.6.c. The Commission may, after hearing, issue an order prescribing the recommendations that should be adopted by the utility.

4.7.6.d. The utility shall file detailed implementation plans for Commission review and approval within the time specified in the Commission’s order prescribing the recommendations that the utility should adopt. The utility shall not deviate from an approved implementation plan without prior notice to the Commission that specifically states the utility’s reasons for departing from the approved plan. The utility shall obtain Commission approval prior to any deviation from the approved plan.

4.7.6.e. At the direction of the Commission, a follow-up audit may be performed to review the progress of the utility in implementing the approved plans and the results of previously performed management audits.

4.7.6.f. A management audit report, the resulting implementation plan and any follow-up audit may be used by parties in a general rate case subsequent to the management audit. Audits and implementation plans may be a factor in the determination of just and reasonable rates if introduced as an exhibit and subjected to normal due process procedures.

4.7.6.g. The Commission may grant an extension of the time limits established in this section upon a showing of good cause for such extension.

W. Va. Code R. § 150-5-5 Meter Requirements

5.1. Scope. -- In general, sewer service charges shall be based upon the volume of water delivered to the customer’s property. This volume is measured by the water meter serving the premises. In cases where a significant volume of the water delivered to the premises is not returned to the sanitary sewer system or water from another source is discharged to the sanitary sewer system the customer may request, or the utility may require, special flow measuring devices to properly measure the volume of waste water entering the sanitary sewer system. Such special flow measuring devices shall be furnished, installed, and maintained by and at the expense of the customer with the approval of the utility. In some situations suitable formulae may be used to determine waste water flow in lieu of special metering devices. Such formulae shall be approved by both the customer and the utility and are subject to the approval of the Commission. All flow meters used in serving bulk or resale customers shall be owned and operated by the utility providing service to the bulk or resale customer.

5.2. Sewer flow measuring devices. -- Where sewer flow measuring devices are used for billing purposes, the utility shall test these devices for accuracy on an annual basis. The measuring devices shall also be maintained in good working order and shall be adjusted or repaired to be as nearly correct as is commercially practicable.

5.3. Prohibitions on master metering.

5.3.1. Mobile home parks. -- For mobile home parks constructed on or after October 24, 2003, each mobile home in a mobile home park shall be individually sewered with taps installed at the lot line of each mobile home. The lot owner shall be responsible for payment of any applicable tap fees. All utility easements and mains constructed within the mobile home park will become the property of the utility by agreement between the (i) owner of the mobile home park or the lot owner, whichever is applicable, and (ii) the utility. The agreement must be approved by Order of the Commission prior to construction of any main. Lines extending from the mobile home to the tap will be considered customer service lines and maintenance of those lines will be the responsibility of the applicable lot owner.

W. Va. Code R. § 150-5-6 Customer Relations

6.1. Customer information.

6.1.1. Information as to service. -- Each utility shall, upon request, give its customers such information and assistance as is reasonable, in order that customers may enjoy safe and efficient service.

6.1.2. Explanation of computing bills. -- Each utility shall adopt some means of informing its customers as to the method of computing bills, either by printed description on its bills, or by a notice to the effect that the method will be explained at the office of the utility upon request.

6.1.3. Explanation of rates. -- It shall be the duty of the utility to explain to the customer at the beginning of service, or whenever the customer shall request the utility to do so, the utility’s rates applicable to the type of service furnished to the customer and all other classes of customers, and to assist the customer in obtaining the best rate for the customer’s service requirements. The responsibility for the selection, however, rests with the applicant. In the event the customer’s use of service changes such that a rate schedule other than the one initially selected becomes favorable, the responsibility for requesting a change in rate schedule, consistent with the provisions of the service agreement, shall rest with the customer. The utility shall, on its periodic statements, annually inform its customers that, if requested by the customer, the utility shall supply the customer with a copy of the utility’s rate or rates applicable to the type of service to be furnished to all classes of customers with a concise written explanation of the rates, and an identification of any classes of customer for whom rates are not summarized.

6.1.4. Posting of law, rates, rules, and collection agents.

6.1.4.a. Every utility shall maintain in its office for inspection by the public, the following:

6.1.4.a.1. A copy of the rates, rules and regulations of the utility, and of forms of contracts and applications applicable to the territory served from that office;

6.1.4.a.2. A copy of the Public Service Commission Law of this State; and

6.1.4.a.3. A copy of these rules.

6.1.4.b. A utility shall exhibit a suitable placard in large type in a conspicuous location, giving information to customers that the utility has a copy of the law, the rules of the Commission applicable to the utility, and the schedules of rates available for customer inspection.

6.1.4.c. Once a year, or as often as a utility changes collection agents, each utility shall publicize by newspaper or bill insert to its customers its collection agents to whom customers may deliver payment of sewer bills.

6.1.5. Application for sewer service.

6.1.5.a. All applicants desiring sewer service may be required to make written application at the office of the utility on printed forms provided therefor setting forth in said application all purposes for which sewer will be used upon the applicant’s premises. The utility may require the applicant to provide identification at the time of application for service. All applicants for service shall be required to designate on every application for service whether the applicant is a tenant or an owner of the premises to be served. If the applicant is a tenant, the applicant shall state the name and address of the owner or owners of the premises to be served.

6.1.5.b. Any change in the identity of the contracting customer at a premises will require a new application for sewer service, and the utility may, after reasonable notice, discontinue sewer service until such new application has been made and accepted, but the former customer shall remain liable for sewer service furnished to said premises until the customer has given notice in writing to the utility to discontinue sewer service. In the event the customer of record has died or has become incapable of being responsible for sewer service, that individual’s spouse may become the customer of record without being required to complete a new application for sewer service, or paying a new deposit.

6.1.5.c. In the event that a publicly or privately owned water utility, city, incorporated town, other municipal corporation or other public service district, owns and operates water facilities within the same service territory as the public service district providing sewer service to the area, then the sewer public service district shall provide the customer with a proper receipt and shall instruct the customer to present said receipt to the water utility when application for water service is made.

6.1.6. Public service district’s notice of availability of sewer service and billing after notice.

6.1.6.a. Notice by publication. -- When sewer service is made available by a public service district to customers in an area which has not previously been served by the district, the district shall publish a notice in a newspaper of general circulation in the area affected once a week for two consecutive weeks, with the second notice being published at least thirty (30) days prior to the date that the district intends to begin billing for services. The notice shall state, at a minimum, the following information: (1) that sewer services are available; (2) the date that the district will begin billing for services as authorized by W. Va. Code §16-13A-9 and Sewer Rule 6.3; (3) the district’s rates; (4) that W. Va. Code §16-13A-9 authorizes the district to petition the circuit court to compel connection to the sewer system; (5) the location and telephone number of the district’s business office; and (6) the amount of the bill to be rendered as provided by W. Va. Code §16-13A-9, in the event a customer does not connect to the system.

6.1.6.b. Publication is not required when service is extended to a single customer at the customer’s request.

6.1.6.c. Personal notice. -- In addition to notice by publication, when sewer service is made available to customers in an area which has not previously been served by the district, the district shall provide notice with at least the information as described in Section 6.1.6.a. above, to all potential new customers by certified mail, return receipt requested, by personal service with signed and dated receipt, or by posting a notice on the premises. If the premises to be served is not inhabited by the owner, notice shall be given to the owner by certified mail, return receipt requested, in addition to giving notice to the customer inhabiting the premises. In the event that the district is not able to effect personal notice after a good faith effort, or if the district believes that the requirements of this section create an undue hardship on the district, the district may petition the Commission for a waiver of the requirements of personal notice provided in this section.

6.1.6.d. Customers of public service sewer districts who are not connected to the sewer system after appropriate notice has been given of availability of service pursuant to W. Va. Code §16‑13A-9 and Sewer Rule 6.1.6. shall be billed based on actual water consumption or the average monthly water consumption based upon the owner’s, tenant’s, or occupant’s specific customer class. These charges must be included in the utility’s tariff filed with the Commission.

6.2. Customer deposits.

6.2.1. Security deposits.

6.2.1.a. Security deposits for utilities other than public service districts. -- A utility, other than a public service district, may require the applicant or customer to make a deposit with it initially, and from time to time, to secure payment of sewer service rates and charges. Except for municipal sewer systems, such deposit shall not be more than one-twelfth (1/12) of the annual estimated charge for residential service and or one-sixth (1/6) of the annual estimated charge for all other service. For a municipal sewer system only, the deposit shall not be more than either fifty dollars ($50) or two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class, whichever is greater. For combined water and sewer municipal systems the deposit shall not be more than either one hundred dollars ($100) or two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class, whichever is greater. This provision must be included in the utility’s tariff filed with the Commission. The utility shall not be bound to supply sewer service until this condition is fulfilled. The utility shall have a reasonable time, not to exceed thirty (30) days, to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund.

6.2.1.b. Security deposits for public service districts. -- All new applicants for residential or other sewer service from a public service district shall make a deposit of (i) fifty dollars ($50), or (ii) two-twelfths (2/12) of the average annual usage for the applicant’s specific customer class for sewer service, whichever is greater, with the district to secure the payment of sewer service rates and charges. For combined water and sewer public service districts such deposit shall not be more than either one hundred dollars ($100) or two-twelfths (2/12) of the average annual usage of water service and wastewater service for the applicant’s specific customer class, whichever is greater. The district shall not be bound to supply sewer service until this condition is fulfilled. In any case where a deposit is forfeited to pay service rates and charges which were delinquent at the time of disconnection or termination of service, no reconnection or reinstatement of service may be made by the district until another deposit, as described above, has been remitted to the district. This provision must be included in the utility’s tariff filed with the Commission.

6.2.1.c. Return of deposit to customers. -- Except as otherwise provided in Sewer Rule 6.2.1.d., after a customer has paid bills for service for twelve (12) consecutive months without a delinquency, the utility shall promptly and automatically refund the deposit plus accrued interest. Calculation of the above twelve (12) month period shall commence from the first regular payment or following the payment of a delinquent bill or bills. For a customer whose deposit remains with the utility at the time of the requested termination, any deposit plus interest held by the utility shall be credited against the final bill with the utility paying any remainder to the customer at the time of the final bill.

6.2.1.d. Return of deposit by public service districts and municipal systems only for a customer who is a tenant. -- By statute public service districts and municipal systems are not required to return a deposit to a customer who is a tenant until the time the tenant discontinues service with the district or municipal system. After a customer who is a tenant discontinues service with the district or municipal system, the utility shall promptly and automatically refund the deposit plus accrued interest. The public service district or municipal system shall have a reasonable time, not to exceed thirty (30) days, to read and remove meters and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund.

6.2.1.e. Interest paid on deposits will be established by the Commission by general order.

6.2.1.f. A current customer of a public service district or a municipal system who requests service at another location within the jurisdiction of the district and who has made payment of bills for the previous twelve (12) months without a delinquency, is not required to pay a deposit for service at the new location because that customer is not a new applicant for service under W. Va. Code §§16-13A-9, 8‑20‑10, or 16-13-16. The preceding sentence shall not apply to multiple service locations. Multiple service locations shall require multiple deposits. In the event the customer of record has died, or has become incapable of being responsible for sewer service, that individual’s spouse may become the customer of record without being required to complete a new application for sewer service, or paying a new deposit.

6.2.1.g. Record of deposit. -- Each utility holding a cash deposit shall keep a record showing: (i) The name and current address of each depositor; (ii) the amount and date of the deposit; and (iii) each transaction concerning the deposit.

6.2.1.h. The receipt. -- Concurrently with receiving a cash deposit, the utility shall deliver to the applicant for service, or customer, a receipt showing: (i) The date thereof; (ii) the name of the applicant or customer and the address of the premises served or to be served; (iii) the service furnished or to be furnished; and (iv) the amount of the deposit and the fact that interest will be paid at a Commission determined rate. Each utility shall provide automatic means to refund the deposit of a customer, when so entitled, if the original receipt cannot be produced. A receipt or proof of payment will not be necessary under the provisions for an automatic refund.

6.2.1.i. Unclaimed deposits. -- The utility shall follow the provisions of the Uniform Unclaimed Property Act, codified in W. Va. Code §36-8-1 et seq., with regard to the disposition of any unclaimed deposit.

6.2.1.j. This rule shall not affect residential customer security deposits required by a utility prior to the passage of W. Va. Code §24-3-8 on March 12, 1983.

6.2.1.k. All utilities that collect security deposits must do so in a non-discriminatory manner.

6.2.2. Guaranty agreement.

6.2.2.a. A utility, other than a public service district, may accept, in lieu of the cash deposit, a guaranty agreement signed by a financially responsible guarantor, whereby payment of a specified sum, not exceeding the cash deposit aforesaid, is guaranteed. The guarantor may, upon request, receive copies of disconnection notices sent to the customer whose account has been guaranteed; provided that the limitations herein fixed upon the terms of a guaranty agreement shall not apply to industrial customers.

6.2.2.b. A guaranty agreement shall terminate after the customer has satisfactorily paid bills for service for twelve (12) consecutive months, or when the customer gives notice to the utility of discontinuance of service at the location covered by the guaranty agreement, or six (6) months after discontinuance of service where no notice was given, or at the guarantor’s request upon thirty (30) days’ written notice to the utility. Upon termination of a guaranty agreement, or whenever the utility deems the same insufficient as to amount of surety, a cash deposit or a new or additional guaranty may be required upon reasonable written notice to the customer.

6.2.2.c. Application in case of receiver or trustee. -- The aforesaid provisions shall apply in the case of a receiver or trustee, operating a business under court order that requires utility service.

6.3. Billing information.

6.3.1. All bills for sewer service shall state whether the charge is based upon quantities of water consumed at the premises, flat rate or other charge. A utility shall render bills periodically. If based upon metered water consumption each bill must show the readings of the water meter at the beginning and end of the period for which the bill is rendered, the date of the water meter readings, the number of cubic feet or gallons of water supplied, and the authorized rate. If the utility must, for any reason, render an estimated bill, the bill shall be clearly marked as an estimated bill. All bills shall state “This utility is regulated by the Public Service Commission of West Virginia” and “Rates available upon request.”

6.3.2. No adjustment will be required in billing when the deviation from the standard billing period is not more or less than five (5) days in the case of monthly billing, ten (10) days in the case of bi-monthly billing, and fifteen (15) days in the case of quarterly billing. When the deviation exceeds these limits, either for regular or periodic billing or for opening or closing bills, the sewer blocks, and minimum charges shall be prorated on the basis of the ratio of the number of days in the period in question to the number of days included in the standard billing period, which will be taken at thirty (30) days for monthly billing, sixty (60) days for bi-monthly billing, and ninety (90) days for quarterly billing.

6.3.3. Utilities desiring to adopt mechanical billing of such nature as to render compliance with all the terms of Sewer Rule 6.3.2. impractical, may make application to the Commission for relief from part of these terms. After consideration of the reasons given when asking for relief, the Commission may allow the omission of part of these requirements.

6.3.4. On all bills that include charges for items other than authorized sewer charges, the utility will clearly state other factors used in computing the bill so that the amount may be readily verified from the information appearing on the bill.

6.3.5. Each bill shall bear on its face the latest pay date and the date it shall be a delinquent bill if not paid. A utility may request a delayed payment penalty applicable to current usage billings not paid in full by the latest pay date, equal to ten percent (10%) of the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. This provision must be included in the utility’s tariff filed with the Commission.

6.3.5.a. When a utility receives a customer payment at a time when both a delinquent bill and a current bill are outstanding, the utility will apply the payment first to the current bill, and apply any leftover amounts to the delinquency. Provided, that this rule shall not apply to payments from customers whose delinquencies have been addressed in a deferred payment agreement. If a termination notice has been issued then the payment should first be applied to the delinquent amount that is the subject of the termination notice.

6.4. Adjustment of bills.

6.4.1. Fast meters. -- If the water utility makes a refund to the customer pursuant to Rule 6.4.1. of the Commission’s “Rules for the Government of Water Utilities,” 150CSR7 (Water Rules), the sewer utility will make a corresponding adjustment to the sewer charges associated with the same period of time based on the corrected meter reading and the applicable sewer rates.

6.4.2. Dead Meters. -- At any time that a water utility calculates water usage and bills for water service pursuant to the provisions in Water Rule 6.4.2., the sewer utility will bill for sewer service for the corresponding time period based on the water usage calculated and billed by the water utility.

6.4.3. Leaks on the customer’s side of the meter.

6.4.3.a. Each utility shall implement a written leak adjustment policy consistent with this rule. Where the bill reflects unusual water usage in excess of 200% of the customer’s historical usage that can be attributed to leakage on the customer’s side of the point of service, the utility will adjust the bill. The policy shall be maintained in the utility’s office for inspection by the public and shall be applied in a non-discriminatory manner to all customers. The policy shall be filed with the Commission as a part of the utility’s tariff. The reasonableness of the utility’s policy shall be subject to approval by the Commission and the reasonableness of the utility’s practice with respect to implementing a policy shall be subject to Commission review in a formal complaint proceeding.

6.4.3.b. The recalculated bill shall reflect the utility’s incremental cost of treating or purchasing the treatment of the sewage, as contained in the utility’s tariff, for all amounts above 200% of the customer’s historic usage. Historic usage shall be defined as the average usage of the preceding twelve (12) months or actual period of service if less than twelve (12) months. If using the historic usage would result in an unreasonable calculation, adjustments may be made. If such adjustments are made, the utility should advise its customer that a dispute regarding such adjustments may be taken to the Commission in the form of an informal complaint. Any amounts which the customer can prove did not enter the sanitary sewer system shall be credited at full tariff rates.

6.4.3.c. As an alternative to using the incremental cost of treating or purchasing the treatment of the sewage, the utility may, at its option, use an adjustment that allows it to recover the Commission’s estimate of “typical incremental cost” per thousand gallons of sewage on usage above the historic usage. The Commission shall from time to time establish its estimate of “typical incremental cost” by order.

6.4.3.d. In rate cases the Commission will determine the utility’s incremental cost of treating or purchasing the treatment of the sewage and require that the utility include the rate in an appropriate tariff as the leak adjustment rate. After the Commission approves a rate in a rate case, the utility shall not have the option to use the Commission’s estimate of “typical incremental cost” found in Sewer Rule 6.4.3.c.

6.5. Complaints.

6.5.1. Investigation of complaints. -- Each utility shall make a full and prompt investigation of all complaints made to it by its customers, either directly or through the Commission. In the event that the complaint is not resolved, the utility shall, before service is discontinued, notify the customer that the customer may file an informal or formal complaint with the Commission.

6.5.2. Record of complaints. -- The utility shall keep a record of all complaints received, which record shall show the name and address of the complainant, the date and character of the complaint, and the adjustment or disposal made thereof.

6.5.3. Disposition of records. -- Records of complaints shall not be destroyed until a summary has been prepared for permanent record, showing the character of complaints made, the number of each type received in each month, and the disposition of the complaints.

6.6. Disputed bills.

6.6.1. In the event of a dispute between the customer and the utility respecting any bill, the utility shall conduct an investigation and report the result thereof to the customer. In the event that the complaint is not resolved, the utility shall, before water or sewer service is discontinued, notify the customer of the customer’s right to file an informal or formal complaint with the Commission.

6.7. Customer discontinuance of service.

6.7.1. Any customer requesting service to be discontinued shall give notice thereof to the utility during regular business hours. Unless a different period shall be mutually agreed upon by written contract, the utility will discontinue service by the end of the next business day. Until the utility receives notice, the customer may be held responsible for all service rendered.

6.8. Utility discontinuance of service.

6.8.1. Consideration of health and sanitation require that sewer service should not be discontinued because of non-payment of service charges unless the utility has first acquired the approval of the Commission. The sewer utility shall make use of all legal remedies available for the collection of delinquent accounts prior to application to the Commission for other relief.

6.8.2. Notice of discontinuance.

6.8.2.a. In the case of a sewer utility requesting termination of water service for non-payment of sewer service, the water utility may not discontinue service sooner than ten (10) days following the date that a sewer utility has mailed to a customer written notice of scheduled termination of service, in compliance with Sewer Form No. 1 attached to these rules. Where written notice is required the utility must send the notice first class mail, address service requested. The written notice shall become void if the utility service has not discontinued within thirty (30) days of the date indicated on the notice.

6.8.2.b. Where (1) conditions hazardous to life or property are found to exist on the customer’s premises, (2) the utility’s regulating, measuring or collection equipment or facilities have been tampered with, or (3) the customer’s premises have been condemned through a condemnation proceeding under the laws of this state, the water may be shut off without notice in advance.

6.8.2.c. Prior to disconnecting water service for non-payment of a sewer bill, a sewer utility or water utility is required to make at least two (2) attempts to notify the customer through personal contact unless it can be reasonably established that the premises are not permanently inhabited. For the purpose of this rule, personal contact includes both face-to-face meetings and telephone calls. The inability to make personal contact shall not prevent the water utility from terminating service.

6.8.2.d. Service shall not be discontinued on a Saturday, or Sunday, any day that is a federal or state holiday, a day on which either the water utility’s or the sewer utility’s business office is not open to accept payment, or on the day before such days, unless an emergency exists.

6.8.2.e. All disconnections shall be performed between the hours of 8 a.m. and 4 p.m.

6.8.2.f. The water utility may, but is not required to, accept payment at the customer’s premises in lieu of discontinuing service for a delinquent sewer bill.

6.8.2.g. If a customer has received notice of a scheduled termination, and, to avoid such termination, makes payment by check which is subsequently dishonored by the bank, the sewer utility may then request the water utility to terminate service only after it has mailed notice, by first class mail, to the customer at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to termination; provided that at the option of the utility, in lieu of mailing the notice, the utility may contact the customer either in person or by telephone. For purposes of this rule, if the utility elects to contact the customer either in person or by telephone, an attempt to contact shall not be considered sufficient – actual contact must be made.

6.8.2.h. If a landlord of a single-unit dwelling or a master-metered mobile home park, apartment building, motel, hotel or other multiple or single-unit dwelling is responsible for payment of a utility bill, written notice of termination in the form of Sewer Form No. 2 shall be placed at a location readily available for public inspection on the premises at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to the scheduled termination of service to that mobile home park, apartment building, motel, hotel or other multiple or single-unit dwelling in order to provide notice of the scheduled termination to the tenants of said mobile home park, apartment building, motel, hotel or other multiple or single-unit dwelling. If the billing address for any single-unit service is different than the service location, a written notice in the form of Sewer Form No. 2 shall be delivered or posted at a visible location on the premises where the service is to be terminated at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to the scheduled termination. This notice shall inform the occupant(s) of the date on or after which termination of service will occur and shall state the steps the occupant(s) can take to avoid termination of service.

6.8.2.i. Deferred Payment Agreement. A sewer customer who has been notified that water service is to be terminated for non-payment of sewer bills shall be given the opportunity to enter into a deferred payment agreement: Provided, that such customer has demonstrated an ability to pay but only in installments. The customer shall be informed at the time a disconnect notice is issued of the availability of a reasonable payment plan.

6.8.2.i.1. The details of the deferred payment agreement are to be negotiated between the utility and the customer and may consider several factors, including, but not limited to the following: amount of the delinquency; ability of the customer to pay; payment history; time the delinquency has been outstanding; reasons why the delinquency has been outstanding; and any other relevant factors.

6.8.2.i.2. A standard deferred payment agreement will include a pay-off amount consisting of the delinquency balance in twelve monthly payments. If a residential customer desires a payment period that is shorter than twelve (12) months, the utility shall accept the shorter term. The deferred payment agreement shall include language informing the customer of the right to challenge the reasonableness of the proposed payments to the Commission.

6.8.2.i.3. During the challenge, the utility may not terminate service; provided that the current bill must be paid by the customer on time and in full in order to protect the customer’s rights under this rule.

6.8.2.i.4. Once a deferred payment agreement has been established, the customer must pay the current bill on time and in full and make timely payments in accordance with the deferred payment agreement.

6.8.2.i.5. If the customer’s financial condition significantly changes and the existing payment agreement results in hardship, the utility shall renegotiate the payment agreement, consistent with the provisions of Sewer Rule 6.8.2.i.1. The customer shall provide documentation in support of a claim that the customer’s financial condition has changed. During the renegotiation period the customer must continue to pay the current bill on time and in full and make some payment on the delinquency.

6.8.2.i.6. If the deferred payment is not received in accordance with the terms of the agreement, or the payment is made with a check subsequently dishonored by the bank, the utility may terminate service only after it has mailed written notice, by first class mail, to the customer at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to notifying the water utility to terminate service provided that at the option of the utility, either personal contact or telephone contact with the customer may be substituted for contact by first class mail. If the customer pays the delinquent payment within that notice period, service shall not be terminated. However, if the customer has, during the previous twelve (12) months, attempted to make payment by a check which was subsequently dishonored by the bank, the utility may refuse the customer’s check and immediately terminate service without additional notice.

6.8.2.j. A sewer utility requesting termination of water service for non-payment of sewer bills shall provide the water utility with a copy of the notice provided to the customer as required by Sewer Rule 6.8.2.a.

6.8.2.k. A sewer utility will provide the water utility with a written request for termination of water service for non-payment at least twenty-four (24) hours before the end of the ten-day notice period to the customer.

6.8.2.l. If a utility proposes termination rules that differ from the Commission rules, those termination rules must be filed with the Commission as a request to modify the utility’s tariff.

6.8.3. Once a disconnected customer has paid a delinquency in full, or the utility has agreed to enter into a deferred payment agreement with the customer, and all disconnect and or reconnect fees have been paid, the utility shall reconnect the customer’s water service as soon as possible, but no later than twenty-four (24) hours from the time the customer pays all disconnect and reconnect fees.

6.8.4. Charge for reconnection.

6.8.4.a. Whenever the supply of water is turned off for non-payment of sewer bills, the water utility may make a charge as provided for in Water Rule 6.8.3.

6.8.5. The utility shall not refuse, deny or discontinue service to an applicant or present customer due to a delinquency in payment for service by a previous occupant of the premises to be served unless such applicant or present customer and such previous occupant are members of the same household and were members of the same household at the time the delinquent bill was incurred.

6.8.6. Combined water and sewer public service districts. -- Any public service district providing water and sewer service to its customers shall have the right to terminate water service for delinquency in payment of either water or sewer bills; provided that proper notice is given and procedures followed as set out in these rules.

6.8.7. Inter-utility Agreements regarding discontinuance of water service for non-payment of sewer bills.

6.8.7.a. In the event that any utility (whether public, private, city, incorporated town, municipal corporation or public service district) owns and operates either water facilities or sewer facilities, and a separate utility owns and operates the other kind of facilities, either water or sewer, then the two utilities shall covenant and contract with each other to shut off and discontinue the supplying of water service for the non-payment of sewer service fees and charges; provided that proper notice is given and procedures are followed as set forth in Sewer Rule 6.8.2.

6.8.7.b. Municipal sewer. -- When sewer facilities are municipally owned and water facilities are not, the municipality providing sewer service may require the water utility to discontinue water service to any customer who is delinquent in the payment of sewer service rates and charges to the municipality. The water utility shall discontinue water service upon demand of the municipality for this purpose; however, prior to discontinuance of any water service, the municipality shall contract with the water utility which contract shall provide that the municipality shall reimburse the water utility for all costs and expenses incurred in both the termination of water service to the delinquent sewer customer and the subsequent resumption of water service to such customer. The contract shall provide for reasonable methods and assurances so that the water utility will be protected and held harmless from claims and damages when water service is discontinued in error or in violation of the rights of the customer through the fault of the municipal sewer utility.

6.8.7.c. The inter-utility agreement should contain specific provisions regarding responsibilities of notice of termination, termination, reconnection, and reasonable fees based on fair and reasonable compensation.

6.8.7.d. Any inter-utility agreements pursuant to Sewer Rule 6.8.7.a. shall be submitted to the Commission for approval prior to any termination of water service for non-payment of sewer bills under such agreements.

6.8.7.e. A water utility that has terminated or reconnected service for non-payment of sewer bills, or that has made a visit to the customer’s premises to terminate service, may charge the sewer utility a fee pursuant to Sewer Rule 6.8.7.c. The sewer utility may include this charge in the billing to the delinquent customer, provided that such charge is included in the sewer utility’s approved tariff.

6.9. Refusal to serve applicants. -- It is suggested the utility design its application form to reflect the following:

6.9.1. Non-compliance with rules. -- Any utility may decline to serve an applicant until that applicant has complied with these rules and the utility’s rules set forth in a Commission approved tariff governing sewer service.

6.9.2. Applicant’s facilities inadequate. -- The utility may refuse to serve an applicant if the applicant’s installation of sewer piping is hazardous or of such character that satisfactory service cannot be provided.

6.9.3. A bill which has been found to be contractually uncollectible by a court or could reasonably be found to be uncollectible by reason of an applicable statute of limitations shall not be used by a utility to deny or discontinue service.

6.9.4. Applicant’s recourse. -- In the event that the utility refuses to serve an applicant under the provisions of this rule, or any other rule incorporated herein, the utility must inform the applicant that the applicant may file a complaint with the Commission for decision.

6.10. Access to property.

6.10.1. The utility shall, at all reasonable times, have access to service connections and other property owned by it on a customer’s premises for purpose of inspection, maintenance and operation.

6.10.2. Identification for employees. -- Every employee, whose duties regularly require work on or near the property of a customer, shall wear a distinguishing uniform or other insignia identifying the person as an employee of the utility and shall carry an identification card which will identify the person as an employee of the utility, containing a photograph of said employee. The identification card shall contain the telephone number of the utility as well as other pertinent information necessary to identify the employee. All other employees, whose duties require occasional entry into the homes or premises of customers, shall carry an identification card containing information as herein required.

6.11. Service interruptions.

6.11.1. Records of interruptions. -- Each utility shall keep a record of all interruptions of service upon its entire system or major divisions thereof, including a statement of time, duration and cause of the interruptions.

6.11.2. Notice required for scheduled interruptions. -- The utility will notify the Bureau for Public Health, the Department of Environmental Protection, the Commission and every customer affected in advance of any contemplated work which will result in interruption of service for any duration that may cause a health or environmental hazard.

6.11.3. Notice required for unscheduled interruptions. -- In the event of an unscheduled service interruption that may cause a health or environmental hazard, the utility will notify the Bureau for Public Health, the Department of Environmental Protection, and the Commission as soon as possible upon the utility becoming aware of an unscheduled service interruption. Additionally, a utility will make customers and the general public aware of any unscheduled service interruption for which the utility is required to provide notice by utilizing one or more of the following acceptable methods of public notification as appropriate:

6.11.3.a. Fax/e-mail notification to local radio and television stations, cable systems, newspapers and other print and news media in the affected area as soon as possible after the event occurs. The notification must provide relevant information about the event, such as the affected location, its potential impact including possible adverse health effects and the population or sub-population particularly at risk, and a description of actions affected ratepayers/occupants should take to ensure safety, with updates as often as needed.

6.11.3.b. Use of the utility’s own Internet web site and 24/7 emergency phone line and integrated voice response system to provide relevant information about the event, such as the affected location, its potential impact including possible adverse health effects and the population or sub-population particularly at risk, and a description of actions affected ratepayers/occupants should take to ensure safety, with updates as often as needed.

6.11.3.c. Other types of notice at the discretion of the utility, including, but not limited to, doorknob flyers distributed to affected ratepayers/occupants, e-mail, text message, and automated dialing system (outbound dialing).

6.11.4. Actual notice must be provided to affected health care and childcare facilities and other facilities, for example, schools and restaurants, as determined by consultation with the Commission, the Bureau for Public Health, the Department of Environmental Protection and other state agencies as necessary.

6.11.5. A utility shall coordinate with state and local emergency management agencies, as needed, to use any emergency alert system available for qualifying situations.

6.11.6. Public Notice Templates. -- Utilities should have public notice templates prepared and available in advance to avoid wasting critical time developing materials when confronted with an unscheduled service interruption. The notices should cover all possible contaminants of concern and associated health effects.

6.11.7. Utility Contact Person. -- To ensure that the public is informed in the case of an unscheduled interruption occurring due to an emergency situation, utilities should have a knowledgeable contact person stationed onsite during the emergency, if possible, to communicate to the public and media on behalf of the company.

6.12. Moratoria.

6.12.1. Conditions. -- The Commission may impose a moratorium on the system, either entire or apportioned, whenever sufficient evidence exists that the existing facilities are operating in excess of design capacity, that the system capacity necessary for future demand does not exist, or when an increase in customers will result in the degradation of service to existing customers.

6.12.2. Petition. -- A utility, Commission Staff, or governmental entity may petition the Commission in writing for the imposition of a moratorium on a system. The petition should include evidence of the existence of conditions outlined in Sewer Rule 6.12.1. If the utility is the petitioner, it must state the utility’s plan to remediate those conditions.

6.12.3. Imposition by state agency other than the Commission. -- A utility must immediately notify the Commission in writing if a State agency other than the Commission imposes a moratorium on the utility’s system.

6.12.4. Public notification of petition. -- A party petitioning for a moratorium shall notify the public that such request is being made, through a Class II legal advertisement in the form of Sewer Form No. 3, “Public Notice of Filing of a petition for imposition of a moratorium” attached to these Rules, published no later than fifteen (15) calendar days from the date such request is made to the Commission. The notification shall clearly state which areas of the utility’s system are affected, and that interested parties may submit comments to the Commission for consideration.

6.12.5. Exemptions. -- Any prospective customer or group of prospective customers may apply to the Commission for an exemption from an existing moratorium. The prospective customer(s) shall make the requests in writing to the Commission, and shall include justification for the proposed exemption.

6.12.6. Refusal of Service. -- A utility may not deny service to a prospective customer on grounds of a moratorium until the Commission has imposed a moratorium. Any utility denying service to a prospective customer or group of customers due to a moratorium shall notify, in writing, all applicants for service of the applicant’s right to file with the Commission a request for exemption from the moratorium.

6.12.7. Improvements to System. -- A utility upon which a moratorium is imposed shall continue to seek improvements to its system necessary to lift the moratorium. The Commission may, at its discretion, require the utility to submit reports outlining all progress made toward system improvements.

W. Va. Code R. § 150-5-7 Utility Facilities; Service Pipes; Extension of System

7.1. Adequacy of facilities.

7.1.1. The collecting system of every sewer utility shall be designed, constructed, maintained and operated to receive and transport the sewage from its customers’ outlets to its treatment plant without undue delay.

7.1.2. Where the terrain is such that pumping or lift stations must be provided, such facilities must have the approval of the Bureau for Public Health and the Department of Environmental Protection and be operated under the rules of the Bureau for Public Health and the Department of Environmental Protection.

7.1.3. When a new sewer utility proposes to construct and operate a sewer service business, its entire plant layout shall be approved by the Bureau for Public Health and the Water Resources Division of the Department of Environmental Protection.

7.1.4. Construction and maintenance of plant. -- A utility shall at all times construct and maintain its entire plant and system to furnish safe, adequate and continuous service.

7.1.5. Inspection of plant. -- A utility shall inspect its plant and facilities in such manner and with such frequency as is necessary to ensure a reasonably complete knowledge as to conditions and adequacy at all times. Such inspections must comply with the legally applicable requirements of the Minimum Federal Safety Standards (Federal Occupational Health and Safety Administration) and the Bureau for Public Health and the Department of Environmental Protection.

7.1.6. Records of conditions. -- Records necessary for the proper maintenance of the system and in accordance with the Bureau for Public Health and the Department of Environmental Protection and the Minimum Federal Safety Standards shall be kept of the conditions found. In special cases, a more complete record may be specified by the Commission.

7.1.7. Records of operation. -- A utility shall keep a record of the operation of its plant, which, so far as practical, shall show sufficient details of plant operation as is necessary to substantially reproduce its daily operations. The utility shall also maintain the records in accordance with the requirements of the Minimum Safety Standards and the Bureau for Public Health and the Department of Environmental Protection.

7.1.8. Report to Commission. -- A utility shall, upon request of the Commission, file with the Commission a statement regarding the condition and adequacy of its plant, equipment, and facilities, and of its operations and service in such form as the Commission may require.

7.2. Utility Service Pipe.

7.2.1. Where the service pipe is required for the immediate and continuous use for general service to premises abutting the public street or right-of-way in which mains are located, the utility will furnish, install, and maintain the utility service pipe and appurtenances between the main in the street up to the customer’s point of service at or near 90 degrees to the main. All such service pipes and appurtenances shall be installed only by the utility unless by prior written agreement.

7.2.2. The utility shall determine the location of the utility service pipe.

7.2.3. The utility shall install and maintain, at its own cost and expense, all of the utility service pipe to the point of service, regardless of the side of the road on which the customer is located in reference to the main line. The utility shall designate the point of service on the customer’s side of the road.

7.2.4. The utility shall not make any charge for furnishing and installing any permanent service connection, unless the utility has prior approval of the Commission to charge a tap fee and the same is set forth in the utility’s tariff on file with the Commission.

7.2.5. The utility service pipe shall remain under the utility’s sole control and jurisdiction.

7.2.6. The customer shall not attach any fixtures to, or make any branches in, the utility service pipe between the point of service and the main. Violation of this rule may result in termination of service pursuant to these rules.

7.2.7. A utility shall install temporary service connections for construction or other temporary purposes at the cost of the applicant.

7.2.8. A utility shall adopt standard methods of installation where practicable and file a written description and drawings to provide a clear understanding of the requirements.

7.2.9. Availability defined. -- Sewer service will be deemed available to a customer when a main is installed and maintained by the utility in a location and at a distance from the user’s premises as may be provided by city ordinance or by the rules of the utility: provided, that service shall not be deemed to be available unless the sewage will flow by gravity or be transported by such other methods approved by the Bureau for Public Health including, but not limited to, vacuum and pressure systems, approved under W. Va. Code §16-1-9, from the customer’s premises into the utility’s facilities.

7.3. Customer Service Pipe.

7.3.1. No customer, plumber, company owner or any agent shall connect to the utility’s main or to any utility service pipe, or extend the pipes therefrom to any premises for the purpose of securing sewer service, until application has been made therefor to the utility as provided in these rules and the utility has granted permission in writing.

7.3.2. Once a utility grants an application for service, the customer shall install and maintain the customer service pipe.

7.3.3. The utility’s authorized employee shall inform the customer of the location of the point of service. The customer shall install the customer service pipe to the point of service after which the utility will install the utility service pipe from the main to the point of service.

7.3.4. Where the utility’s service pipe is already installed to the point of service, the customer shall connect with the utility service pipe as installed.

7.3.5. The customer service pipe shall be installed in a workmanlike manner, shall conform to all reasonable rules and regulations of the utility, and shall be maintained by the customer at the customer’s expense.

7.3.6. The utility will specify the size, kind, quality and location of all materials used in the customer’s service pipe and the customer shall comply with those specifications.

7.3.7. A customer must maintain the customer service pipe in good condition and free from all leaks and defects, at the customer’s cost and expense. A customer’s failure to comply with this rule may result in termination of water or sewer service pursuant to these rules.

7.3.8. The customer’s service pipe shall be laid below the frost line at all points and shall be placed on firm and continuous earth so as to give unyielding and permanent support; and be installed in a trench at least two (2) feet in a horizontal direction from any other trench wherein gas pipe, water pipe, or other facilities, public or private, are or are to be installed.

7.3.9. A customer’s service pipe shall not pass through or across any premises or property other than that to be served. If a property served as of September 14, 2021 is later subdivided resulting in the original customer’s service pipe crossing the subdivided property that will be occupied by a new customer, the original customer and new customer must have separate service pipes. The original customer must obtain a right-of-way for the original customer’s service pipe on subdivided sections of property before title of such section passes to a new owner.

7.3.10. The customer’s service pipe and all connections and fixtures attached thereto shall be subject to the inspection of the utility before use, and all premises, including any and all fixtures within the said premises, shall at all reasonable hours be subject to inspection by a duly authorized employee of the utility.

7.3.11. The utility shall make changes and bear the full costs of changes in the customer’s service pipe required due to changes in grade, relocation of mains, and other causes not related to the customer. The customer shall bear the full costs of changes in service pipe or meter location desired by the customer for the customer’s convenience.

7.3.12. The customer shall not attach any fixtures to, or make any branches in, the customer service pipe between the point of service and the premises served. Violation of this rule may result in termination of service pursuant to these rules.

7.3.13. The connection of surface drains to the sanitary system is prohibited. As a means to deter prohibited connections where surface or ground water is introduced into the sanitary system, the utility may add a surcharge to the customer’s sewer bill where evidence of a violation exists. The surcharge shall be authorized by separate schedule to the utility’s sewer tariff filed pursuant to the Rules for the Construction and Filing of Tariffs, 150CSR2, but the utility need not file revenue, expense, or other financial data unless otherwise ordered by the Commission. The charge for roof drains, downspouts, storm sewers or similar facilities connected to the sanitary sewer system will be calculated by the formula or rate clearly stated in the tariff, and will not be cumulative to any metered rate for sewer service. The tariff should further provide that the surcharge will not be imposed unless and until the customer is notified by certified mail, return receipt requested, or by hand delivery, that it has been established by smoke testing, dye testing, or on-site inspection that rain or surface water is being introduced into the sanitary sewer, and that the customer has thirty (30) days to divert that water from the sanitary sewer.

7.4. Extension of mains to serve new customers.

7.4.1. A sewer utility, whether publicly or privately owned, is under a public service obligation to extend its mains, and its plant and facilities to serve new customers within its service area who may apply for service

7.4.2. The utility shall make extensions in all cases in which the public convenience and necessity require the service, construction problems are not unusual or burdensome, and the extensions appear to be economically feasible, except that a utility shall first consider an application for an alternate main extension when applicable.

7.4.3. For any proposed extension of mains to be installed by a utility, a reasonable relationship should exist between the per customer investment to serve new customers and the per customer investment to serve old customers.

7.4.4. A utility shall make every effort to install its main line in the public road right-of-way or in a utility right-of-way abutting the public road right-of-way.

7.4.5. Extension for general sewer service.

7.4.5.a. The utility will respond to all inquiries regarding new sewer service, whether oral or written, by explaining all available options for obtaining service under these rules, including the option of an alternate main extension agreement, pursuant to Rule 7.4.8.g.

7.4.5.b. The utility will, upon written request for service in the form of Sewer Form No. 4, by a prospective customer or group of prospective customers located in the same neighborhood, determine the necessary size of main required to give service and make an estimate of the cost of providing the requested service, using the form of Sewer Form No. 5, including pipe, valves, manholes, fittings, necessary materials, permits, labor costs incurred by the utility when the utility externally contracts for the construction of the extension, or internal labor costs, provided such internal or external costs are not recovered in existing rates, and other applicable related costs. When a road crossing(s) is (are) necessary to serve the customer(s) requesting service, the cost estimate shall not include costs attributable to extending the main across the first road (closest to the already existing main), but shall include the costs of installing the main across a second and any subsequent road(s). The utility will provide the written estimate calculated using Sewer Form No. 5 to the customer in the form of Sewer Form No. 6, no more than forty (40) days from the receipt by the utility of the written request for service, except that the utility will provide the written estimate to the customer no more than twenty (20) days following a denial of a request for an alternate main extension agreement pursuant to Rule 7.4.8.g. The written estimate shall include an estimated construction start date and an estimated time of construction. If the prospective customer believes that any part of the estimate is unreasonable, the customer is free to pursue an informal request for assistance from the Commission staff or to file a complaint with the Commission. Further, the utility and the customer shall execute a Main Line Extension Agreement. Commission Staff may be consulted to provide assistance and sample forms. The agreement must include as an attachment a copy of this extension rule. The utility shall keep an executed copy of the agreement for at least six (6) years. The length of the extension required shall be that length required to extend from the new proposed service area to the nearest point of connection to the utility system having sufficient excess capacity to provide service at maximum demand.

7.4.5.c. Whenever the utility is required to extend service from an existing main to property that does not immediately abut the utility’s right-of-way or the public road that contains the utility main, the extension shall be considered a main extension and the cost responsibility shall be determined under Sewer Rule 7.4.5.

7.4.5.d. Where the cost of the extension does not exceed the estimated total net revenue, as calculated below, from prospective customers whose service pipes will immediately be connected directly to the extension and from whom the utility has received applications for service upon forms provided by the utility for this purpose, the utility will install, at its own cost and expense, the necessary extension; provided, that the patronage or demand will be of such permanency as to warrant the capital expenditure involved.

7.4.5.d.1. Net annual revenue shall be gross annual revenue minus an amount equal to the excess usage leak adjustment rate approved for the utility times the applicant’s usage used for the purposes of this rule, with this difference further reduced for any revenue based taxes.

7.4.5.d.2. The utility will base revenue on the average usage by customer class at the time of the extension, unless circumstances of the applicant show this would result in significant error. For non-residential units, the utility will base annual revenue on typical consumption for comparable units published by the American Water Works Association.

7.4.5.d.3. Estimated total net revenue for private, for profit, utilities will be calculated as six (6) times estimated net annual revenue. Each such utility shall file for a utility-specific line extension multiplier within twelve (12) months of the effective date of these rules.

7.4.5.d.4. The utility-specific line extension multiplier for private, for profit, utilities shall be based on one (1) divided by the utility’s net fixed charge rate. The net fixed charge rate shall equal a function of the utility’s weighted cost of capital, applicable income tax rates, and the Commission approved depreciation accrual rate.

7.4.5.d.5. Estimated total net revenue for associations, municipal, and public service district utilities will be calculated as five (5) times estimated net annual revenue. If the Commission approved excess leak adjustment for the utility fails to include all of the incremental costs of serving a new customer that should properly be netted out from the total revenues of the utility, the utility may apply to the Commission for a determination of the proper amount to be deducted from gross revenues to arrive at an appropriate determination of net revenue.

7.4.6. Extensions beyond the limit of utility-financed extensions of general sewer service.

7.4.6.a. If the utility-estimated cost of the proposed extension required in order to furnish general sewer service exceeds the utility’s estimate of total net revenue as determined by Sewer Rule 7.4.5.d., the utility will make the extension if the applicant or the applicant’s authorized agent contracts for the extension and deposits in advance with the utility the estimated cost of the extension over and above the limit of the utility-funded portion of the extension. The utility shall not pay nor be liable for any interest on such cash deposits. The utility shall make the extension after receiving the cash deposit. The utility shall, for each bona fide new customer who, within a period of ten (10) years from the making of such extension, directly connects to the extension between its original beginning and original terminus refund to the original depositor(s), an amount equal to the estimated total net revenue of the new customer as determined by Sewer Rule 7.4.5.d., but in no event shall the aggregate refund made to the depositors exceed the original deposit. Provided, however, that associations, public service districts and municipal sewer utilities may elect to refund the estimated amount over a period of five (5) years making payments no less frequently than every six (6) months.

7.4.7. Alternate Depositor-Financed Extension Plan.

7.4.7.a. Qualifying utilities. -- The above requirements notwithstanding, the utility may decline to finance the portion of a requested extension that would be utility-funded, if it can demonstrate that it has no prospect of any reasonable internal or external financing through commercial loans, grants, or through an installment arrangement with an entity installing the extension or providing the necessary materials.

7.4.7.a.1. If the utility declines to finance the portion of a requested extension that would be the financial responsibility of the utility, the utility shall file for a waiver of the extension rule within sixty (60) days of the written request.

7.4.7.a.2. Before filing for a waiver, the utility must first estimate the extension costs.

7.4.7.a.3. A request for a waiver by a utility shall be accompanied by supporting documentation justifying its request, including cost estimates, documentation of inability to finance, internally or externally, through commercial loans, grants or an installment arrangement with an entity installing the extension or providing the necessary materials.

7.4.7.a.4. If the Commission finds that the utility has reasonably declined to finance the portion of the requested extension that would otherwise be utility-funded, the Commission shall authorize the use of the alternate depositor-financed extension plan as described below.

7.4.7.b. Description of alternate depositor-financed extension plan. -- Under the alternate depositor-financed extension plan, the utility shall make the extension after:

7.4.7.b.1. receiving a cash deposit equal to the full amount of the extension cost; and

7.4.7.b.2. agreeing to give the depositor(s), who is a customer, a monthly bill credit totaling one hundred percent (100%) of the actual net bill(s) from the date service is initiated and until the total credits given equal the estimated total net revenue as defined in Sewer Rule 7.4.5.d.; and

7.4.7.b.3. agreeing to refund to the original depositor(s) an amount equal to estimated total net revenue as defined in Sewer Rule 7.4.5.d. of each bona fide customer, other than the depositor(s), who, within a period of ten (10) years from the construction of the extension, directly connects to the extension between its original beginning and the original terminus. The refund may be spread out over a five (5) year period with the utility making payments no less frequently than every six (6) months. The refunds shall continue until the total refunds given equal the estimated total net revenue as defined in Sewer Rule 7.4.5.d.

7.4.7.c. In no event shall the total refund made to the depositor(s) under Sewer Rule 7.4.7.b.3. exceed the original deposit of the depositor(s).

7.4.7.d. The utility shall not pay nor be liable for any interest on the cash deposits associated with line extensions.

7.4.8. General provisions.

7.4.8.a. If the actual cost of the extension is less than the estimated cost, the utility will refund the difference as soon as the actual cost is ascertained, but in no event later than ninety (90) days after completion of construction of the extension. When the actual cost of the extension exceeds the estimated cost, the utility will bill the depositor for the difference between the estimated and the actual cost. The utility will not pay interest on the applicant’s payment or on any balance that is refunded.

7.4.8.b. In estimating the cost of an extension, the utility will base the estimate on the diameter of the pipe to be used; provided, that the estimated cost to the customer or customers shall not be based on a pipe diameter greater than the diameter of the main from which the extension is to be made, unless actual use estimated for the proposed customer or customers required a larger pipe.

7.4.8.c. Extensions made under this rule shall be and remain the property of the utility.

7.4.8.d. The utility reserves the right to further extend its sewer mains from and beyond the extension made under this rule, and the depositor or the depositor’s agent paying for an extension shall not be entitled to any refund for customers attaching to such further extension or branch mains so installed.

7.4.8.e. In determining the length of main extensions or of sewer line to be installed in an urban area when land is subdivided in lots, the main, or sewer line (if installed by an entity other than a utility), shall be extended to fully cover the frontage of the property and if the last lot to be served is a corner lot, the terminal point of the extension made hereunder shall be located so that the sewer line ties in with the intersecting street. If there is no main located in the intersecting street, the terminal point of the extension shall be located at the nearest street line of the intersecting street. In rural areas or open land areas, the extension required will be that length necessary to adequately serve the applicant.

7.4.8.f. Before sewer lines are laid in any new subdivision, the road surface shall be brought to the established sub-grade as determined by the agency having jurisdiction.

7.4.8.g. Alternate Main Extension Agreements.

7.4.8.g.1. A utility may enter into an agreement with an applicant that complies with the Commission approved checklist attached hereto as Sewer Form No. 7, in providing an alternate plan for a main extension. Commission Staff may be consulted to provide assistance and sample forms.

7.4.8.g.2. An applicant desiring to enter into an alternate main extension agreement should submit a written request to the utility.

7.4.8.g.3. A utility will, within twenty (20) days of receipt of the written request to enter into an alternate main extension agreement, consider the request and submit a response to the applicant indicating the utility’s approval or denial of the request.

7.4.8.g.4. If the utility denies the request to enter into an alternate main extension agreement, the utility will provide the applicant with a detailed explanation of its decision and explain the available options for obtaining service under these rules. If the applicant believes that a denial is unreasonable, the applicant is free to pursue an informal request for assistance from the Commission staff or to file a complaint with the Commission.

7.4.8.g.5. In providing an alternate plan for main extensions a utility may not discriminate between customers whose service requirements are similar.

7.4.8.g.6. An alternate main extension agreement shall be filed with and approved by the Commission prior to the implementation or execution of the agreement by any of the parties. The agreement shall include the name, address and phone number of the parties to the agreement. The agreement shall also include a provision explaining why the utility is not funding the extension. The agreement must attach a copy of Sewer Rule 7.4., and a statement signed by the prospective customer that the customer has reviewed and understands the provisions of Sewer Rule 7.4.6. which entitles a customer to refunds and that the customer knowingly waives such rights, if applicable. Failure to obtain Commission approval will result in the loss of the right to obtain reimbursement from the utility. If an entity other than the utility constructs the extension, upon completion of construction and proper utility inspection of the extension, the utility shall initiate service only after proper transfer of title to all facilities including property, plant and rights-of-way incidental to the furnishing of utility service.

7.4.8.h. Contract for service. -- A utility is not required to make utility-funded extensions or refunds as described in this rule unless those to be served by such extensions shall guarantee to the utility that they will take the service at the premises within thirty (30) days after service is available or as otherwise mutually agreed in a user’s agreement.

7.4.8.i. Construction conditions. -- A utility will undertake construction of line extensions, as provided in this rule, promptly after all applications are completed, necessary right-of-way agreements or rights of entry are delivered to the utility, and all prospective customers have signed contracts.

7.4.8.j. Right-of-Way.

7.4.8.j.1. If construction of an extension involves the acquisition of a private right-of-way, then the prospective customer shall attempt to secure the right-of-way and deliver it to the utility free of cost before construction of the extension begins.

7.4.8.j.2. If, however, it is not reasonably possible for the prospective customer or customers to secure the right-of-way, and the construction of an extension involves the utility’s incurring expense for right-of-way easements, either by purchase or condemnation, the utility will add those costs to the total cost of the extension.

7.4.8.j.3. As a condition to obtaining a main extension, property owner or developer must grant the utility the necessary easements which would allow the utility to make future extensions into unserved areas. The property owner or developer will grant the necessary easements without requiring the utility to pay additional consideration for the additional easements to the property owner or developer. If the property owner or developer is unwilling to grant the additional easements, the utility shall not be required to extend its main to serve the property owner or developer.

7.4.8.k. Upon the proper filing of a Tariff Rule 42A, 42R, 42T, 19A, or 19R rate case or a certificate case filed pursuant to W. Va. Code §24-2-11 by the utility, the utility may seek to include in its tariff a Capacity Improvement Fee, Capacity Assurance Fee or such other fee or charge designed to raise capital to cover the cost of future capacity expansion to be assessed against customers or entities creating those costs.

7.4.9. Community infrastructure investment agreements with municipal utilities and public service districts.

7.4.9.a. Municipal utilities and public service districts may enter into “community infrastructure investment agreements” in accordance with the provisions of W. Va. Code §22-28-1 et seq.

7.4.9.b. A utility that has entered into “community infrastructure investment agreements” pursuant to W. Va. Code §22-28-1 et seq. shall maintain separate books and records for the project areas involved in the agreements. For purposes of this section, the project areas for which separate books and records are required include plant upgrades and stand alone systems.

7.4.9.c. A utility that has entered into “community infrastructure investment agreements” pursuant to W. Va. Code §22-28-1 et seq. shall file (i) a copy of the certificate of appropriateness, (ii) a copy of the community infrastructure investment agreement, and, if necessary, (iii) a new tariff containing rates applicable to the new service area. The utility shall file the required documents with the Commission no later than thirty (30) days of the date the project is transferred to the utility.

7.4.9.d. If rates for the new customers served by a public service district’s project are higher than the rates for the public service district’s existing customers, the public service district shall, within ninety (90) days of the date the project is transferred to the public service district, make a formal rate application with the Commission in order to justify the higher rates to the new customers. A municipality shall enact an ordinance increasing rates, if necessary, within ninety (90) days of the date the project is transferred to the municipality.

W. Va. Code R. § 150-5-8 Safety requirements

8.1. Accidents.

8.1.1. Records. -- A utility shall keep a record of every accident occurring in connection with the operation of its treatment plant, property and equipment whereby any person is killed or seriously injured, or any substantial amount of property damaged or destroyed, with a full statement of the cause of the accident and the precautions taken to prevent similar accidents in the future.

8.1.2. Electric shock. -- A utility shall instruct its employees engaged in electrical work in the practice and use of accepted rules and proper procedure for resuscitation from electric shock.

8.1.3. Asphyxiation. -- A utility shall inform its employees who must work in manholes and pits of the dangers of asphyxiation and instruct them in the practice and use of accepted rules for detection of dangerous gases, as well as the proper procedure for treating victims.

W. Va. Code R. § 150-5-9 Creation or alteration of public service districts

9.1. Creation or alteration of a public service district.

9.1.1. A county commission upon entering an order on its own motion, or upon receipt of a petition, or upon receipt of a recommendation of the Commission, proposing the creation, enlargement, reduction, merger, dissolution, or consolidation of a public service district pursuant to W. Va. Code §16‑13A-2, shall:

9.1.1.a. At the same session, fix a date of hearing in the county which date shall be not more than forty (40) days nor less than twenty (20) days from the date of the action;

9.1.1.b. Within ten (10) days, provide the Executive Secretary of the Commission with a copy of the order or petition and notification of the time and place of the hearing to be held by the county commission;

9.1.1.c. If the territory proposed to be included is situated in more than one (1) county, when fixing the date of hearing, provide for notifying the county commission and clerk thereof of each of the other counties into which the territory extends of the date so fixed;

9.1.1.d. Publish, at least ten (10) days prior to the hearing, a Class I legal advertisement meeting the requirements stated in W. Va. Code §16-13A-2, giving notice of the hearing;

9.1.1.e. Post notice in at least five (5) conspicuous locations in the proposed public service district as required by W. Va. Code §16-13A-2; and

9.1.1.f. File with the Executive Secretary of the Commission affidavits of publication pursuant to Sewer Rule 9.1.1.d., and affidavits of posting pursuant to Sewer Rule 9.1.1.e. as soon as the same are available.

9.2. Notification to the Commission of county commission action.

9.2.1. If the county commission enters an order creating, enlarging, reducing, merging, dissolving, or consolidating a public service district, the county commission shall, within ten (10) days of entering such order, file a copy of such order with the Executive Secretary of the Commission. If the county commission declines to enter such an order, the county commission shall, within ten (10) days of declining, file with the Executive Secretary of the Commission notice that it has declined to enter any such order.

9.3. Notice of Filing.

9.3.1. Upon the receipt of a county commission order proposing the creation, enlargement, reduction, merger, dissolution, or consolidation of a public service district pursuant to W. Va. Code §16‑13A-2, the Commission may provide notice of the proceeding through the issuance of a Class I legal advertisement in the form prescribed by the Commission, in the county or counties affected by the proposed order. The notice shall include the right of any customer of the proposed public service district or other interested party to file a written protest. See Sewer Form No. 8 for example of notice to be published.

9.4. Commission hearing.

9.4.1. The Commission may hold a hearing or hearings in each county affected by a county commission order(s) filed pursuant to Sewer Rule 9.1.1. If the Commission holds a hearing, the Commission shall publish a Class I legal advertisement giving notice of the hearing or hearings.

9.5. Commission consideration of proposed creation or alteration.

9.5.1. After public comment and hearing, if held, the Commission shall, by order, approve, disapprove or modify a county commission order creating, expanding, merging, consolidating, reducing or dissolving a public service district. In deliberating on approval, modification or disapproval the Commission may consider, among other things:

9.5.1.a. the public convenience and necessity;

9.5.1.b. the economic feasibility, including sources of funding, costs and related benefits of the county commission’s order;

9.5.1.c. the adequacy of facilities;

9.5.1.d. other facilities in the area; and

9.5.1.e. other possible alternatives.

W. Va. Code R. § 150-5-10 Distressed and Failing Water or Wastewater Utilities

10.1. Definitions -- These definitions are specific to Section 10.

10.1.1. “Distressed Utility” -- a water or wastewater utility that for financial, operational or managerial reasons:

(1)(a) Is in continual violation of statutory or regulatory standards of the Bureau for Public Health, the Department of Environmental Protection, or the Commission, which affect the water quality, safety, adequacy, efficiency or reasonableness of the service provided by the water or wastewater utility;

(b) Fails to comply within a reasonable period of time with any final, nonappealable order of the Department of Environmental Protection, Bureau for Public Health or the Commission concerning the safety, adequacy, efficiency or reasonableness of service, including, but not limited to, the availability of water, the potability of water, the palatability of water or the provision of water at adequate volume and pressure and the collection and treatment of wastewater;

(2) Is no longer able to provide adequate, efficient, safe and reasonable utility services; or (3) Fails to timely pay some or all of its financial obligations, including, but not limited to, its federal and state tax obligations and its bond payments to the West Virginia Water Development Authority, the United States Department of Agriculture (USDA) or other bondholders; fails to maintain its debt service reserve; or fails to submit an audit as required by its bond or loan documents or state law.

10.1.2. “Failing water or wastewater utility” -- a public utility that:

(a) Meets the definition of a distressed water or wastewater utility; and either:

(b) Has not, after a reasonable time period, been stabilized and improved by corrective measures put in place under W. Va. Code §24-2H-7; or (c) Has had the corrective measures suspended for good cause shown by an order of the Commission.

10.1.3. “Capable proximate water or wastewater utility” -- a public utility that regularly provides adequate, safe and reasonable service of the same type as the distressed utility and is situated close enough to the facilities of a distressed utility that operational management is reasonable, financially viable, and not adverse to the interests of the current customers of the non-distressed utility.

10.2. Potentially unstable water and wastewater utilities.

10.2.1. Commission Staff will review annual reports, rate case filings and other financial data available from public information or from the utility directly and prepare a list of water and wastewater utilities that appear to be financially unstable. This list will be updated annually. Commission Staff will provide the list to the Commission by interoffice memorandum by November 1st of each year.

10.2.1.a. After receipt of the list, the Commission may request from any water and wastewater utility current financial information, including bank statements, detail of accounts payable, detail of current and delinquent taxes payable, detail of pension funds, current debt payment and reserve fund status, and any other pertinent information that the Commission requires.

10.2.2. After the Commission finalizes the list, Commission Staff will contact each utility placed on the list to discuss the stability of the utility.

10.2.3. Each utility contacted shall respond to staff contacts in a timely manner, but in no less than 60 days. The utility shall indicate measures it plans to undertake to address the concerns of the Commission Staff regarding the potential instability of the utility.

10.2.4. Commission Staff will offer to provide advice and assistance to resolve any financial, managerial or operational issues that are contributing to the utility’s potential instability.

10.2.5. Commission Staff shall periodically report to the Commission regarding the status of the unstable utility and any measures undertaken by the utility to address the potential instability.

10.3. Determination of whether a utility qualifies as a distressed or failing utility and the existence of one or more capable proximate public or private utilities.

10.3.1. The Commission may on its own motion, or upon a petition by Commission Staff or any other person or entity having a legal interest in the financial, managerial or operational condition of the utility, open a proceeding to investigate whether a utility is distressed or failing and to identify any capable proximate public or private utilities that may be able to acquire the utility.

10.3.1.a. The Commission will name as respondents the utility under investigation and any public or private utilities that may be a capable proximate utility.

10.3.2. The Commission will provide notice to named respondents by Order.

10.3.3. The Commission may, by Order, require any named respondent to file specific information in the form of documents, affidavits or prepared testimony.

10.3.4. The Commission will provide Commission Staff and other interested parties the opportunity to file testimony, participate in evidentiary hearings and file briefs in the proceeding.

10.3.5. To determine if a utility is a distressed or failing utility, the Commission will consider:

(1) The financial, managerial and technical ability of the utility;

(2) The level of expenditures necessary to make improvements to the water or wastewater utility to assure compliance with applicable statutory and regulatory standards concerning the adequacy, efficiency, safety or reasonableness of utility service and the impact of those expenditures on customer rates;

(3) The opinion and advice, if any, of the Department of Environmental Protection and the Bureau for Public Health as to steps that may be necessary to assure compliance with applicable statutory or regulatory standards concerning the adequacy, efficiency, safety or reasonableness of utility service;

(4) The status of the utility’s bond payments and other financial obligations;

(5) The status and result of any corrective measures previously put into place; and (6) Any other relevant matter presented by the respondent utilities, Commission Staff or other interested party.

10.3.6. To determine if a utility is a capable proximate utility, the Commission will consider:

(1) The financial, managerial and technical ability of all proximate public utilities providing the same type of service;

(2) Expansion of the franchise or operating area of a potential acquiring utility to include the service area of the distressed utility;

(3) The financial, managerial, operational and rate demands that may result from the current proceeding and the cumulative impact of other demands where the utility has been identified as a capable proximate utility; and (4) Any other relevant matter presented by the respondent utilities, Commission Staff or other interested party.

10.4. Hearings and public notice.

10.4.1. The Commission will hold evidentiary and public comment hearing(s) in the service area of the utility under investigation.

10.4.1.a. The Commission will conduct the public comment hearing(s) to receive public comments, including, but not limited to, comments regarding possible options available to bring the potential distressed or failing utility into compliance with appropriate statutory and regulatory standards.

10.4.1.b. The Commission will conduct the evidentiary hearing to receive evidence to determine if the utility is a distressed or failing utility and whether a capable proximate utility should manage, operate, or acquire the utility. If there is more than one proximate utility the Commission will also receive evidence to allow the Commission to determine the appropriate capable proximate utility.

10.4.2. The Commission will give notice of the time, place and subject matter of the hearing as follows by:

(a) placing a Class I legal publication in a qualified newspaper pursuant to W. Va. Code §59-3-2(a) in the county or counties where the utility is located no more than 10 days before the date of the hearing;

(b) issuance of a press release; and (c) providing written notice by certified mail or registered mail to the utility under investigation; the Consumer Advocate Division; any proximate utility that was made a party to the proceeding; the county commission if the utility under investigation is a public service district; and the municipality if the utility is owned and operated by a municipality.

10.4.3. The Commission will, by Order, direct the utility under investigation to give notice to its customers of the time, place and subject matter of the hearing either as a bill insert or in print on its monthly bill statement or, if neither form of notice is reasonably possible, by a separate mailing.

10.4.4. Following the evidentiary hearing, the Commission shall enter an order stating whether the utility is a distressed or failing utility and identifying the capable proximate utilities, if any.

10.5. Alternative, intermediate remedies for distressed or failing utilities.

10.5.1. Before designating a utility as failing, the Commission must determine if one or more of these alternative remedial actions, is reasonable and cost effective for the distressed utility or the capable proximate utility:

(1) reorganization of the utility under new management or a new board, subject to the approval of the applicable county commission(s) or municipal government;

(2) operation of the distressed utility by another public utility or management or service company under a mutually agreed arms-length contract subject to approval by the Commission pursuant to W. Va. Code §24-2-12;

(3) appointment of a receiver to manage the operations of the distressed utility;

(4) immediate merger of utility with one or more other public utilities, subject to the approval of the applicable county commission(s) or municipal government;

(5) acquisition of the distressed utility through a mutual agreement made at arms-length subject to Commission approval pursuant to W. Va. Code §24-2-12; and (6) any viable alternative other than an ordered acquisition by a capable proximate utility.

10.5.2. The alternative remedial action or actions that may be ordered by the Commission are not mutually exclusive. The Commission may order an interim remedial action or actions pending subsequent final actions. The Commission may also order intermediate objectives within set time limits for certain actions and a time limit for achieving final objectives to remedy financial, managerial, or operating problems that are contributing to the utility being distressed or failing.

10.6. Commission ordered acquisition of a failing utility.

10.6.1. If the goals and objectives set by the Commission pursuant to Sewer Rule 10.5 are not met, the Commission may, without further hearing, determine that the utility is failing and direct an acquisition.

10.6.2. If the Commission determines that the utility is a failing utility and decides that it is in the public interest to forego any alternative remedial action, then the Commission may order the acquisition of the failing utility by the most suitable capable proximate utility, if there is more than one proximate utility.

10.6.2.a. If the distressed or failing utility is a public service district the Commission shall notify the respective county commission(s) with regard to the acquisition of the distressed or failing utility as provided in W. Va. Code §16-13A-2(a)(2).

10.6.2.b. If the distressed or failing utility is a municipal corporation, then the Commission shall notify the respective municipal council with regard to the acquisition of the distressed or failing utility as provided in W. Va. Code §8-12-17 .

10.6.3. If the Commission orders an acquisition, the Commission will provide a timeframe for the failing utility and acquiring utility to agree on acquisition terms, timing, and acquisition price.

10.6.4. Preceding the final acquisition, the Commission may order the capable proximate utility to assume control of the management and operations of the failing utility under a temporary management and operating agreement subject to Commission approval.

10.6.4.a. The Commission may direct a date for the filing of an agreement for Commission approval.

10.6.4.b. If the agreement is not filed when directed, the Commission may direct the capable proximate utility to file a proposed temporary management and operating agreement.

10.6.4.c. The failing utility may respond to the proposed agreement within the time limits set by the Commission,

10.6.4.d. The Commission may, without further filings or hearing establish the terms of an agreement, direct the capable proximate utility to immediately assume management and operations of the failing utility pending an acquisition and direct the failing utility to turn over its management and operations to the capable proximate utility.

10.6.5. Prior to acquisition, the failing utility shall cooperate with the capable proximate utility in negotiating agreements with state and federal agencies, including, but not limited to, negotiation of hold harmless agreements, consent orders or enforcement moratoria during any period of remediation.

10.6.6. The parties to an acquisition may propose to the Commission methods of determining the acquisition price and the parties will have the burden to show that a proposed method is reasonable and in the public interest.

10.6.6.a. The acquisition price must, at a minimum, satisfy all outstanding loans, tax obligations, required grant repayment, liens and indebtedness owed by the failing utility or the acquiring utility may agree to assume the indebtedness if legally permitted.

10.6.6.b. The acquiring utility may propose to pay failing utility outstanding obligations directly, as part of the acquisition consideration, and shall consult with the lenders or lienholders regarding payment in full or the assumption, to the extent legally permissible, of such obligations.

10.6.7. If bondholder consent is required to finalize an acquisition, the failing utility must cooperate with the acquiring utility in obtaining the consent of bondholder(s).

10.6.8. The acquiring utility must submit a financing plan that includes documentation on how the failing utility’s indebtedness will be paid or assumed.

10.6.9. If the parties are unable to agree on an acquisition price or any other terms related to the acquisition within the time allowed by the Commission, the Commission may, on its own motion, or upon a petition by either the failing or capable proximate utility, conduct an evidentiary hearing to determine the acquisition price and any other issues related to the acquisition.

10.7. Rates pertaining to recovery of costs for acquisition, operation, repairs and improvements to distressed or failing utility facilities.

10.7.1. The acquiring utility shall propose the rates to be charged after acquisition.

10.7.2. Without a separate rate or tariff filing and without further notice to customers, the acquiring utility may adopt the rates of the acquired utility not subject to true-up but subject to adjustment in future rate proceedings.

10.7.3. The Commission may approve an appropriate and reasonable cost recovery mechanism to allow the capable proximate utility to recover its acquisition costs and projected cost of service of operating, maintaining and improving the facilities of the failing water or wastewater utility or its net costs incurred to operate, maintain, and improve the distressed utility under a Commission approved operating agreement.

10.7.4. Subject to Commission approval in a separate rate or tariff proceeding, which shall be considered by the Commission on an expedited basis without the need for a full base rate proceeding, the acquiring utility may request:

(a) that it be permitted for a reasonable period of time after the date of acquisition to apply a surcharge on the adopted rates or to establish a surcharge on the acquiring utility’s tariff applicable only to customers of the acquired utility;

(b) a surcharge or surcharges on acquired customers and existing customers;

(c) that it be allowed to charge the customers of the acquired utility pursuant to a separate tariff which may be higher or lower than the existing tariff of the acquired utility; or (d) a surcharge on its existing customers related to its costs as a capable proximate utility.

10.7.5. Subject to Commission approval and other rate provisions of this rule, if requested by the acquiring utility, a cost recovery mechanism determined by the Commission to be appropriate, reasonable and in the public interest may include:

(a) A surcharge above existing rates that allows recovery of incremental costs, net of recovery through existing rates necessary to operate, maintain and improve the failing utility’s service level to an acceptable level and into compliance with all applicable regulatory standards;

(b) A rate base acquisition adjustment for private for-profit utilities as an incentive to acquire a failing utility;

(c) An increased return on investment as an incentive to acquire a failing utility; or (d) Any other incentive method proposed by the acquiring utility if the method is determined by the Commission to be appropriate, reasonable and in the public interest.

10.7.6. Rate increments and surcharges, other than adoption of existing rates, approved by the Commission shall be subject to adjustment on an annual basis to reflect changes in costs, additional projected capital and operating costs and true-up of any over or under recoveries of costs.

Sewer Form No. 1 (Sewer Rule 6.8.2.)

(Insert Company Name Here)

NOTICE OF SCHEDULED TERMINATION OF SERVICE

AND CUSTOMER RIGHTS

We have scheduled your water service provided at _______________________________________ (address) for termination on or after _________________________________________ because of your delinquent (date) sewer bill.

This action has been taken for the following reason(s):

(Include reason and facts resulting in decision to terminate service).

If your service is terminated you will be subject to the following additional charges involving reconnect fees and deposit requirements in order to restore service.

(Include all applicable charges, including disconnect, reconnect and/or administrative fees)

YOU HAVE THE RIGHT TO CHALLENGE THE TERMINATION IF YOU BELIEVE ANY OF THE FOLLOWING CONDITIONS APPLY TO YOU:

1. Any portion of the bill is in dispute 2. You are being charged for service not received 3. The information above is incorrect 4. You are unable to pay the bill in accordance with the billing, and termination of service would be especially dangerous to the health or safety of a member of your household 5. You are able to pay only in installments If the reason for your challenge is 1, 2, or 3 above, you will have to pay any amount not in dispute. If the reason for your challenge is 4 or 5, we will attempt to negotiate a deferred payment agreement with you.

YOU MUST NOTIFY US BEFORE THE DATE OF TERMINATION IN ORDER TO PROTECT YOUR RIGHTS UNDER THIS RULE:

(Provide instructions for contacting the appropriate utility personnel by telephone and mail, including business hours)

You should also inform us if you are 65 years or older, or regardless of age, if you are physically, mentally, or emotionally incapacitated.

Sewer Form No. 1 Page 2 of 2 Once you have notified us of your challenge, we will schedule a meeting at the business office nearest to your residence and try to resolve your problem. At your option, the discussion of your challenge may be made over the telephone. IF YOU ARE NOT SATISFIED WITH OUR DECISION AT THIS MEETING, YOU WILL HAVE SEVEN (7) DAYS IN WHICH TO FILE A CHALLENGE WITH THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA. You will be required to pay your current bill while the challenge is pending. There is no charge associated with filing a challenge and you may do so without the assistance of an attorney.

To file a challenge with the PSC, you may call this toll free telephone number 1-800-642-8544 or write to this address:

Utility Challenge Public Service Commission of West Virginia P.O. Box 812 Charleston, W.Va. 25323 If you are in need of assistance to pay your bill you should contact the following agencies: (List agencies in service area).

If you desire the assistance of a lawyer with regard to the scheduled termination and are unable to pay for legal counsel, contact one of the following low income legal assistance organizations: (List agencies in service area).

Sewer Form No. 2 (Sewer Rule 6.8.2.h.)

NOTICE OF SCHEDULED TERMINATION

We have scheduled water service provided at _____________________________________________ (address) for termination on or after _____________________________________________________ because (date) of your landlord’s delinquent sewer bill.

To notify the Public Service Commission, you may call this toll free telephone number, 1-800-642-8544, or write to this address:

Public Service Commission of West Virginia P.O. Box 812 Charleston, WV 25323 If you desire the assistance of a lawyer with regard to the scheduled termination and are unable to pay for legal counsel, contact one of the following low income legal assistance organization: (List agencies in service area).

Sewer Form No. 3 (Sewer Rule 6.12.4.)

Public Notice of Filing of a Petition for Imposition of a Moratorium Case No. ____________________________ NAME OF UTILITY ___________________ , a public utility.

Petition for consent and approval for the imposition of a moratorium on the utility system.

PUBLIC NOTICE

On ___________________ , the _________________________________________________ (date) [Name of Utility, Commission Staff, or governmental entity] filed a petition with the Public Service Commission for approval of the imposition of a moratorium on _________________________________________‘s _______________________________________ (name of utility) (water, sewer or other) system serving ______________________________________________________________________ [describe areas served].

If approved, the moratorium would mean that no new customers could be served by the utility in these areas until the Commission lifts the moratorium. The ________________________________________ [name of petitioner] claims that the imposition of a moratorium is appropriate because ______________________________ ___________________________________________________________________________________ [describe reasons and describe any plans to alleviate the circumstances giving rise to the petition, and any estimate of a date when it would be appropriate for the Commission to lift the moratorium.]

Any person wishing to protest, support, make comment, or request a public hearing about the proposed moratorium should do so in writing. Written statements should be addressed to Executive Secretary, Public Service Commission, P.O. Box 812, Charleston, WV, 25323.

NAME OF UTILITY

Sewer Form No. 4 (Sewer Rule 7.4.5.b.)

Form of written request for service by a prospective customer or a group of prospective customers located in the same neighborhood Sewer ( ) Water and Sewer ( )

Previous Customer ( ) If so, when __________________________________________ New customer ( )

Name _______________________________________________________________________________ Mailing address _________________________________________ Phone ________________________ Property location ______________________________________________________________________ Rent ( ) Own ( ) Other __________________________________________________________ If rent: Property owners name ____________________________________________________________ Property owner’s mailing address _________________________ Phone _________________________ Type of service: Residential ( ) Number in household _______________________________ Commercial ( ) Type ___________________________ Industrial ( ) Type ___________________________ Applicant’s place of employment _________________________________________________________ Employment address ___________________________________ Phone __________________________ Name of spouse _______________________________________________________________________ Spouse’s place of employment ___________________________________________________________ Spouse’s employment address ___________________________ Phone __________________________ I HEREBY AUTHORIZE SERVICE TO BE ESTABLISHED IN MY NAME AT THE ABOVE PROPERTY LOCATION AND AGREE TO PAY FOR SERVICE UNTIL DISCONTINUED BY MY REQUEST IN WRITING. I UNDERSTAND THAT THIS APPLICATION IS ACCEPTED SUBJECT TO THE AVAILABILITY OF SERVICE AT THIS LOCATION.

Applicant’s signature ___________________________________________________________________ Date ________________________________________________________________________________ Utility representative ___________________________________ Date ___________________________ For office use only Name _______________________________________________ Account No. _____________________ Applicant ID __________________________________________________________________________ Sewer Form No. 4 Page 2 of 2 Deposit amount _____________________________ Tap fee amount Meter Size _________________________________ Meter No.

Meter Route _______________________________ Meter reading Date on ___________________________________ Date off Customer request ( ) Termination ( )

Sewer Form No. 5 (Sewer Rule 7.4.5.b.)

Form for use in determining cost estimate to extend sewer service Date The following estimate is in response to a request to extend the Utility’s sewer facilities approximately _______________________________ feet along ______________________________________________________________________________to serve a customer or customers who desire sewer service.

Cost Estimate Sewer line ( -- inch PVC) __________________ feet @ $_______ /foot = $______ Excavation/installation _______________________ feet @ $_______ /foot = $______ Materials (fittings, valves, stone, etc.) = $______ Permits/rights-of-way (Health, Highways, etc.) = $______ Restoration (seeding, gravel, etc.) = $______ Related cost (engineering, legal, etc.) = $______ TOTAL = $______ Cost Share of Customers and Utility A. Total estimated cost of extension $______________ B. Utility Share: (estimated total net revenue per customer calculated pursuant to

Rule 5.5.e.4.) $__________ per customer x _________ customers = $______________ C. Customer share: estimated cost to be paid by customers (A-B) = $______________ Conditions If the potential customers shall deposit with the Utility, in advance, the total sum of $_____________ , (customers share from “C” above), a tap fee of $_____________ per customer, and a $______________ security deposit per customer, the Utility will apply for the necessary permit applications and begin construction as soon as possible.

If the actual cost to construct the extension is less than the estimated cost, the Utility will refund the difference to the original depositors. If the actual cost exceeds the estimated cost the Utility will bill the depositors for the difference.

The customers will be required to sign an application for service and/or a users agreement when the tap fees and deposits are made.

This main line extension estimate is made in accordance with Sewer Rule 7.4 of the Rules for the Government of Sewer Utilities.

Sewer Form No. 6 (Sewer Rule 7.4.5.b.)

Form of cost estimate to be provided to applicants for service Dear Customer:

We have received a petition for a sewer main extension and have estimated the construction cost to extend the main to serve the properties of the _____________ (insert number) petitioners. This estimate is summarized below:

Sewer line __________________ feet at $_______ / foot ____________ Excavation/Installation ________ feet at $_______ / foot ____________ Materials (fittings, valves, stone, etc.) ____________ Permits/Rights-of-way (Health, Highways, etc.) ____________ Restoration (seeding, gravel, etc.) ____________ Related Cost (engineering, legal, etc.) ____________ Total Estimated Extension Construction Cost ____________ Minus Utility’s Share (estimated total net revenue per customer pursuant to Sewer Rule 7.4.5.d.) ____________ Estimated Cost to be Paid by Customers ____________ Estimated Cost per Customer ____________ When the “customer’s share” referenced above is deposited with the Utility, the Utility will apply for the necessary permit applications and begin construction as soon as possible. If the actual cost to construct the extension is less than the estimated cost, the Utility will refund the difference to the original depositors. If the actual cost exceeds the estimated cost, the Utility will bill the depositors for the difference. This difference must be settled before service can actually be connected.

All customers will be required to sign an extension agreement and an application for service and/or a users agreement and pay a tap fee of $______ , and a security deposit of $______ prior to receiving service. The security deposit is refunded with interest following twelve consecutive months of full and timely payments for services rendered.

The estimated start date of construction is ____________________________.

The estimated duration of construction is _____________________________ days.

Should you have any questions, you may contact ­­________________________ at __________________________ between 9:00 a.m. and 4:00 p.m., Monday through Friday.

Sincerely, Sewer Form No. 7 (Sewer Rule 7.4.8.g.)

Form of Commission Check-List for Alternate Main Extension Agreements This form sets forth the minimum amount of information that should be included in a proposed alternate main extension agreement.

1. Name of developer, mobile home park owner or prospective customers(s).

2. General location or description of area to be served.

3. Indication that the developer, owner or prospective customer(s) has/have read Water Rule 7.5, Sewer Rule 7.4, or both.

4. Indication that the developer, owner or prospective customer(s) understand(s) the Rules.

5. Having read and understood the Rules, the developer, owner or prospective customer(s) choose(s) to enter into the alternate main line extension agreement.

6. If the developer, owner or prospective customer(s) waive(s) reimbursement, the agreement should contain the waiver.

7. A copy of the applicable Rule(s) must be attached to the agreement.

8. A statement as to who will bear the cost of inspection, if any.

9. If the customer is to bear the cost of inspection, a statement of the maximum amount of the cost of inspection.

10. If the developer, owner or prospective customer(s) wish(es) to waive the right of receiving an estimate of the cost of the extension if constructed by the utility, a statement reflecting the waiver.

11. A statement as to the type of testing to be required.

12. A statement as to who will bear the cost of testing, if any.

13. If the customer is to bear the cost of the testing, a statement of the maximum amount of the cost of the testing.

14. A statement as to who will install the service connections.

15. If the developer, owner or prospective customer(s) is/are to install the service connections, a statement that the utility will not charge a tap fee.

16. A statement that the tap fee, if any to be charged, is the approved tap fee in the utility’s tariff.

17. A statement that the utility is to be indemnified and held harmless against any and all claims for injuries and/or damages which may arise from problems associated with the construction of the extension by the developer, owner or prospective customer(s).

Sewer Form No. 7 Page 2 of 2 18. A statement that the ownership of the extension will be conveyed to the utility prior to its connection to the utility’s system.

19. A statement indicating who will be responsible for preparing the plans for the extension.

20. If the developer, owner or prospective customer(s) is/are to be responsible for the preparation of the plan for the extension, a statement that the developer, owner or prospective customer(s) will provide plans to the Staff of the Public Service Commission if required.

21. The number of prospective customers to be served by the extension, the number of lots to be served, or some other general indication of the size of the area to be served by the extension.

22. If the initial cost estimate has not been waived, the estimate must be set forth in the agreement.

23. A warranty indicating that the developer, owner or prospective customers will warrant the system for a period of one year after completion of the construction, or after system is placed into service.

24. The agreement should not be executed before being sent to the Commission for approval.

25. A statement as to who will obtain and pay for necessary permits.

26. A statement as to who is responsible for the cost of the construction.

27. A statement as to who is responsible for the cost of the material.

28. A statement describing the extension, including length, diameter and any major components such as fire hydrants, etc.

NOTE: A paragraph such as “The Developer/Customer waives all rights under Rule 7.4 or 7.5.” will not be acceptable as a catch-all for the requirements listed above. Each item must be addressed in the agreement.

Sewer Form No. 8 (Sewer Rule 9.3.)

PUBLIC SERVICE COMMISSION

OF WEST VIRGINIA

CHARLESTON

At a session of the Public Service Commission of West Virginia, in the City of Charleston, on the ___ day of [month], [year]. [ Case No.] [ Case Name]

NOTICE OF FILING

On [date], the [name of party] filed a petition for consent and approval to [type of creation/alteration] the boundaries of the [description of area to be created, enlarged, reduced, merged, dissolved or consolidated] pursuant to W. Va. Code §16-13A-2. A complete description of the boundary [type of creation/alteration] is on file with the [identify entity with which information is filed (for example, county commission and/or public service district)] and the West Virginia Public Service Commission.

Anyone desiring to protest or intervene should file a written protest or notice of the intervention within 30 days following the date of this publication. All protests or requests to intervene should briefly state the reason for the protest or intervention. Requests to intervene must comply with the Commission’s rules on intervention, set forth in the Commission’s Rules of Practice and Procedure. All protests and interventions should be addressed to Executive Secretary, P. O. Box 812, Charleston, West Virginia 25323. If no substantial protest is filed, the Commission may approve the County Commission’s Order without hearing. [Name of Party]

Series 06 The Government of Telephone Utilities

W. Va. Code R. § 150-6-1 General

1.1. Scope. -- These rules govern the operation and service of telephone utilities subject to the jurisdiction of the Public Service Commission of West Virginia pursuant to W. Va Code 24-2-1.

1.2. Authority. -- W. Va. Code 24-1-7, 24-2-1, 24-2-6, 24-2-8, 24-2C-1, 24-6-1, and 24-2E-1.

1.3. Filing Date. -- .

1.4. Effective Date. -- .

1.5. Policy. -- The Public Service Commission of West Virginia and the regulated telephone companies have a joint responsibility to the citizens of West Virginia to ensure a quality of adequate communications services that meets the general need requirements of the public, provides the public with a high degree of reliability and convenience, and contributes substantially to the overall economic progress of the State of West Virginia.

These telephone service regulations are established to meet the objectives needed to provide the best possible telephone service consistent with modern technology.

1.6. Application. -- The telephone service rules promulgated herein shall apply to all telephone company operations in the State of West Virginia that are subject to the jurisdiction of the Commission.

1.6.a. The rules promulgated by the Commission shall establish reasonable standards to the end that quality service, i.e., that which is adequate and satisfactory, is rendered to the telephone using public in the transmission of both local and long distance messages.

1.6.b. If unreasonable hardship to a telephone user or telephone subscriber, or to the serving telephone company results from compliance with any Commission rules, application may be made to the Commission for modification of the rule, or for temporary exemption from its requirements.

1.6.c. The adoption of these rules by the Commission preserves the authority of the Commission to grant exceptions and exemptions to and from its regulations under available procedures. The definitions contained herein are an integral part of and are treated as regulations.

1.6.d. The rules promulgated herein shall in no way relieve the telephone company from any of its duties under the laws of the State of West Virginia or from any other rules or directives of the Commission.

1.7. Definitions. -- In the interpretation of these rules, the following definitions shall be used, subject to the provisions of each company's applicable tariffs.

1.7.a. "Aggregator" -- Any person or business entity who, in the ordinary course of operations, makes telephones (other than public telephones) available to the public or to transient users of its premises for intrastate telephone calls using an operator services provider.

1.7.b. "Automatic Dialing and Announcing Device" (ADAD) -- An item of telecommunications terminal equipment which has the ability to randomly, sequentially or according to a set of instructions, automatically initiate telephone calls and to, upon ascertaining that the called line has answered the call, play a prerecorded message. Telecommunications devices which, when activated by an alarm mecha­nism, call a predetermined telephone number to report the alarms activation are not ADADs for purposes of this definition.

1.7.c. Basic Local Exchange Service -- provision to a subscriber at his or her residence or business location of at least all of the following:

1. A voice-grade, two-way, single-party communications channel with dual-tone multifrequency signaling capability;

2. A telephone number by which the subscriber may be signaled and an optional White Pages directory listing or its functional equivalent;

3. Subject to the provisions set out in Rule 2.6 hereof, a printed telephone Directory or electronic telephone Directory that shall be updated at least annually and that shall contain, except for non-published and unlisted telephone listings, all telephone listings in the local calling area of those subscribers who are served by the local exchange carrier that publishes the Directory or Directories;

4. Local call switching, signaling, supervision, completion, and transmission, for both outgoing and incoming calls;

5. Access, at all times, to each of the following:

A. Emergency services, including 9-1-1 and Enhanced 9-1-1 where such are utilized by the appropriate governmental body;

B. 0" type operator service;

C. Directory assistance;

D. Telecommunications relay service, excluding provision of associated subscriber premises equipment;

E. Outgoing services offered by long distance carriers which serve the subscribers exchange, including carrier access code dialing and presubscribed, 1-plus access where authorized, except when such access may be, pursuant to Commission rule or order, denied for failure to pay undisputed amounts owed;

F. Incoming long distance calls;

G. A means by which local service problems may be reported;

H. Customer dispute resolution process.

6. Optional blocking of the following:

A. Transmittal of the callers telephone number or name to called party (except for calls to Enhanced 9-1-1 answering points);

B. Access to 900, 976 or 976-like services;

C. Access to non-local calling;

D. Ability to accept collect calls originating in West Virginia; and E. Ability for third-party calls originating in West Virginia to be charged to the customers telephone number.

1.7.d. "Business Service" -- Service is classified and charged for as business service where the use is primarily or substantially of a business, professional, institutional or occupational nature, or where a business directory listing is furnished, except as provided in each telephone company's applicable tariffs. Where the place of business is located on the same premises as a residence and separate telephone service is not installed for the business, the telephone service installed on the premises shall ordinarily be billed at the business rate if the person operating said business is required to obtain a business registration certificate for said business on said premises; and provided that the person is not exempted from paying West Virginia business registration tax.

1.7.e. "Busy Hour" -- The hour having the highest central office traffic load.

1.7.f. "Busy Season" -- That period of the year during which the greatest volume of traffic is handled in the central office.

1.7.g. "Calls" -- Customers' telephone messages attempted.

1.7.h. Casual Calling -- The use, on a per-call basis, of telecommunications service by means of accessing a telecommunications carrier through use of that carriers access code. The term is synonymous with random calling and is sometimes referred to as dial-around calling.

1.7.i. "Central Office" -- A switching unit in one (1) location of a telephone system which provides service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting customer lines and trunks. More than one (1) central office may be located in the same building.

1.7.j. "Channel" -- An electrical path provided by a telephone company between two (2) or more points, furnished in such a manner as the telephone company may elect whether by wire, radio, fiber optics or a combination thereof and whether or not by a single physical facility or route.

1.7.k. "Class of Service" -- A description of telecommunications service furnished to a subscriber which denotes such characteristics as nature of use (Business or Residence) or type of rate (Flat Rate, Message Rate or Measured Rate).

1.7.l. Commission -- The Public Service Commission of West Virginia.

1.7.m. "Customer" -- Any person, firm, partnership, corporation, municipality, cooperative, organization, governmental agency, etc., who purchases telecommunications services from a telephone company.

1.7.n. "Customer Trouble Report" -- Any oral or written report from a subscriber or user of telecommunications service relating to a physical defect or to difficulty or dissatisfaction with the operation of telecommunications facilities. One (1) report shall be counted for each oral or written report received even though it may duplicate a previous report or merely involve an inquiry concerning progress on a previous report. Also, a separate report shall be counted for each telephone or private branch exchange (PBX) switchboard position reported in trouble when several items are reported by one (1) customer at the same time, unless the group of troubles so reported is clearly related to a common cause.

1.7.o. "Direct-Inward-Dial-Number" -- A telephone number which may be used to directly signal a telecommunications device connected to a line extending from a facilities concentrating/switching device or system such as a PBX, key telephone system (KTS), hybrid PBX/KTS, Centrex system, etc.

1.7.p. “Directory” -- A listing of phone numbers and other information required by these rules printed on paper or listed in an internet-based electronic document and that is provided by a Local Exchange Carrier on an annual basis.

1.7.q. "Exchange" -- A geographic area established for the administration of telecommunications service under the provisions of each telephone company's applicable tariffs. An exchanges boundaries are specified in documents on file with the Commission. An exchange has one unique rate center which may be used for purposes of calculating rates and charges.

1.7.r. "Held Order" -- An application for establishment of basic exchange service not filled within thirty (30) days of the date on which the prospective customer desires service.

1.7.s. "Individual Line Service" -- A classification of exchange service which provides that only one (1) main station shall be served by the circuit connecting such station with the central office equipment.

1.7.t. "Intercept Service" -- A service arrangement provided by the telephone company whereby calls placed to a disconnected or discontinued telephone number are intercepted and the calling party informed that the called telephone number has been disconnected, or discontinued, or changed to another number, or that calls are being received by another telephone, etc.

1.7.u. Interexchange Telecommunications Carrier -- A person or entity providing telecommunications service between Local Access and Transport Areas (LATAs) pursuant to a certificate of public convenience and necessity issued pursuant to W. Va. Code 24-2-11.

1.7.v. "Interexchange Trunk" -- A transmission path, including the conductor or conductors and associated equipment, connecting two (2) exchanges.

1.7.w. "Line" -- A general term used in telecommunications practice in several different senses, the most important of which are:

1. The conductor or conductors and supporting or containing structures, including the network interface device (NID), extending between the NIDs located at the subscribers premises and the central office.

2. The conductors and circuit apparatus associated with a particular communication channel.

3. Any communication channel between two (2) points regardless of the method of its derivation.

1.7.x. Local Call -- A call between two (2) points both of which are within the local calling area of the other.

1.7.y. "Local Calling Area" -- The entire area within which are located the stations which a customer may call at the local rates and charges applicable in accordance with each telephone company's applicable tariffs.

1.7.z. Local Exchange Carrier or LEC -- A person or entity granted a certificate of public convenience and necessity to provide local exchange services and exchange access within a defined service area of the state. Incumbent LECs shall be those LECs holding certificates of public convenience and necessity on or before February 8, 1996.

1.7.aa. Local Exchange Service -- Telecommunications services that originate and terminate within a local calling area in accordance with the general tariffs of the local exchange carriers, regardless of how the call is switched or routed. Local exchange services shall include the provision of basic local exchange service.

1.7.bb. "Local Message" -- A communication between a calling station and any other station within the local calling area of the calling station.

1.7.cc. "Local Message Charge" -- The charge that applies for a completed telephone call that is made when the calling station and the station to which the connection is established are both within the same local calling area, and a local message charge is applicable.

1.7.dd. "Local Service Charge" -- The recurring charge imposed by a local exchange carrier for enabling a subscriber to send or receive telecommunications within the local calling area. 1.7.ee "Long Distance Service" -- The furnishing of telecommunications between stations in different local calling areas in accordance with the regulations and schedule of rates specified in each telephone company's applicable tariffs.

1.7.ff. "Message" -- A completed customer telephone call.

1.7.gg. "Message Rate Service" -- A classification of local service (other than public or semi-public telephone service) under which a customer pays a certain monthly charge entitling the customer to use a number of local messages, as specified in each telephone company's applicable tariffs.

1.7.hh. "Message Toll Service" -- See long distance service.

1.7.ii. "Message Unit" -- A unit used for billing message rate services.

1.7.jj. Network Interface Device or NID -- The telecommunications facility which serves as the demarcation point between a subscribers facilities, including customer premises wiring, and the telecommunications facilities of the telecommunications carrier connecting to the NID. The NID is installed and maintained in accordance with the applicable tariffs of the telecommunications carrier that furnishes the NID.

1.7.kk. Non-Basic Services -- Telecommunications services that are not defined as Basic Local Exchange Services.

1.7.ll. Number Portability -- The ability of users of telecommunications services to retain, at the same location, existing telephone numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another.

1.7.mm. 0 Type Operator Service -- Provision to a caller, by the use of automated equipment or telephone company personnel, in a timely and reliable manner at the request of the caller, of each of the following:

1. Emergency call transfer to the 9-1-1 or Enhanced 9-1-1 answering point serving the callers location or, when the callers location is not served by a 9-1-1 or Enhanced 9-1-1 system, to the proper emergency service provider.

2. Assistance, when needed, in completing local calls.

3. Information regarding how to do any of the following:

A. Report service problems;

B. Contact a specific toll carrier;

C. Contact the callers local exchange carriers business office;

D. Contact the telecommunications relay service; or E. Contact the Commission.

1.7.nn. "Operator Service Provider" -- A public telecommunications utility regulated by the Commission which performs any of the following services, by manual or mechanized means, for the public:

1. Receives and handles Zero Plus ("0+") calls.

2. Receives and handles Zero Minus (0-") calls.

3. Handles, wholly or in part:

A. Credit card calls;

B. Third-number billed calls; or C. Collect (reversal of charges) calls.

4. Provides emergency call routing service.

1.7.oo. "Outside Plant" -- The telephone equipment and facilities installed on, along, over, or under streets, alleys, roads, highways, or on public or private rights-of-way between the central office and customers' locations or between central offices.

1.7.pp. Payphone -- A telephone made available to the general public or inmates of jails, prisons, etc. on a fee-per-call basis: Provided, however, that telephones in rooms occupied by guests, residents or patients of hotels, motels, dormitories and hospitals, are not considered payphones for purposes of application of the Commissions payphone rules and regulations.

1.7.qq. Payphone Service Provider or PSP -- Any person or business entity that owns or operates payphones.

1.7.rr. "Premises" -- A term used to denote continuous property occupied by a customer either under lease or ownership as administered by each telephone company's applicable tariffs.

1.7.ss. Reseller -- A carrier that resells a telecommunications service that it procures, at a wholesale discount, from another carrier that provides the service at retail to subscribers who are not telecommunications carriers.

1.7.tt. Residence Service -- Service where the primary use of the service is of a domestic nature and where the business use, if any, is merely incidental.

1.7.uu. Rural Telephone Company or RTC -- A local exchange carrier that meets any of the following criteria:

1. The carrier provides common carrier service in any local exchange carrier study area that does not include either:

A. Any incorporated place of 10,000 inhabitants or more, or any part thereof, based on the most recently available population statistics of the Bureau of the Census; or B. Any territory, incorporated or unincorporated, included in any urbanized area, as defined by the Bureau of the Census as of August 10, 1993.

2. The carrier provides telephone exchange services, including exchange access, to fewer than 50,000 access lines.

3. The carrier provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines.

4. The carrier has less than fifteen percent (15%) of its access lines in communities of more than 50,000 on February 8, 1996.

1.7.vv. "Serving Local Exchange Carrier" -- The Commission-certificated local exchange carrier that provides dial tone and local exchange access to a subscriber or payphone.

1.7.ww. "Station" -- The network control signaling unit, data set, or other equipment provided by the customer on the customer's premises which enables the customer to establish communications connections and to effect communications through such connections.

1.7.xx. "Subscriber" -- See "Customer."

1.7.yy. Surcharge -- Any charge imposed pursuant to the intrastate calling use of an aggregators facilities which is not contained in a current tariff on file with the Public Service Commission.

1.7.zz. Switching Location -- A telecommunications facility used by a telecommunications carrier to connect and disconnect callers to and from lines and other transmission facilities for the purposes of communicating between points and for terminating such communications. A line concentrating device is not a switching location unless it is used to connect a caller to the callers destination point without the use of additional switching.

1.7.aaa. "Tariff" -- A telephone companys entire body of definitions, descriptions, requirements, penalties, obligations, rates, tolls, charges, fees, classifications, rules, regulations, etc. filed with and approved by the Commission or allowed to go into effect.

1.7.bbb. Telecommunications Carrier or Telephone Company -- Any provider of telecommunications services to the public under the jurisdiction of the Commission.

1.7.ccc. Telecommunications Services -- Any of the following, when offered, for purposes of communicating between points, to the public and regulated to any degree by the Commission:

1. Access to the public switched telecommunications network.

2. Signaling capability.

3. Switching.

4. Transmission of electrical signals, including radio or lightwave signals of a digital or analog nature.

5. Controls necessary for proper and successful telecommunications.

The actual content of any message communicated between points is not a telecommunications message.

1.7.ddd. "Telephone Solicitation" -- The initiation, without the called party's prior express invitation or permission, of a telephone call to a party for the purpose of encouraging that party to purchase property, goods or services or soliciting donations of money, property, goods or services. Telephone solicitation does not include:

1. Calls made in response to a request or inquiry by the called party. This includes calls regarding an item that has been purchased by the called party from the calling company or organization during a period not longer than twelve (12) months prior to the telephone contact.

2. Calls made for a not-for-profit organization to its own list of bona fide or active members of the organization.

3. Calls limited to polling or soliciting the expression of ideas, opinions or votes.

4. Contacts with telephone subscribers with whom a business or credit relationship exists.

5. Calls utilized for relaying messages for private purposes, including voice messaging services or message delivery services.

1.7.eee. "Traffic" -- Telephone call volume, based on the number and duration of messages.

1.7.fff. Transmission Facilities -- the non-switching media necessary to convey communications signals between points. Transmission facilities include, but are not limited to:

1. Wires, cable (including co-axial and fiber optic cable), and waveguides.

2. Radio receivers, transmitters and antennae.

3. Amplifiers and channel derivation devices.

1.7.ggg. "Zero Minus (0-) call" -- A call made by the caller dialing the digit "0" and no other digits within five seconds of dialing the digit "0."

1.7.hhh. "Zero Plus (0+) call" -- A telephone call made by the caller dialing the digit "0" and all of the additional digits necessary to make the call.

1.8. Uniform system of accounts.

a. Under the authority of the W. Va. Code 24-2-8, all local exchange carriers shall maintain a "Uniform System of Accounts", as promulgated by the Federal Communications Commission and contained in Part 32 under Title 47 of the Code of Federal Regulations, unless subsequently revised by this Commission by rule or decision. Interexchange carriers shall maintain adequate accounting records such that each inter-exchange carrier will be able to comply with the annual reporting requirements of this Commission.

b. Each local exchange carrier will inform the Commission, concurrent with informing the Federal Communications Commission, of its intention to follow new accounting standards prescribed by the Financial Accounting Standards Board (or successor authoritative accounting standard-setting groups). Changes in accounting standards will automatically take effect ninety (90) days after the local exchange carrier notifies the Commission, unless the Commission notifies the carrier to the contrary.

c. For the purpose of securing uniformity in the applications of this system, all questions of doubtful interpretation of accounting rules are to be submitted to the Commission for consideration and decision.

W. Va. Code R. § 150-6-2 Customer relations

2.1. Customer billing.

a. Bills to customers shall be typed or clearly printed, rendered monthly, and shall contain a listing of all charges and the period of time covered by the billing period. Bills may be rendered less frequently than monthly: Provided, that such periodic billing arrangement is set forth in the telecommunications carriers Commission-approved tariff, and: Provided further, that the telecommunications carriers subscribers are permitted to elect to be billed monthly by notifying the carrier by phone, mail or electronic means. This itemization shall list separately all items such as service options for which a flat monthly charge is made. Bills shall show the actual name of each vendor for all charges listed and the toll-free telephone number of the person authorized to resolve disputes relating to those charges.

1. Other than taxes and other legally required charges, bills may not contain charges for non-telecommunications services or items: Provided, that for good cause shown, and pursuant to the specific and express approval of the Commission, bills may contain charges for non-telecommunications services or items and: Provided further, that no telecommunications services may be denied, interrupted or discontinued for failure of the billed party to pay any portion of the charges billed for non-telecommunications services or items. Further, in the case of partial payments of bills rendered, such partial payments shall be applied to amounts owed for telecommunications services first before being applied to amounts owed for non-telecommunications services.

2. Cellular and other wireless telecommunications carriers are not subject to the requirements of 150CSR6-2.1.a.1.

3. A telephone company may charge a late payment penalty, provided such late payment penalty provision is part of the telephone companys Commission-approved tariff.

4. No late payment penalty may be recovered unless the date by which payment must be received is clearly and conspicuously identified on the subscribers bill. The payment due date cannot be less than twenty (20) days after the bill was rendered.

b. Bills for Toll Services.

1. Statements itemizing message toll charges, if applicable, shall be included in bills to customers and shall show location of origin of call, location of destination of call, date, time, duration, and discount for each such toll charge made. The discount may be shown either as a percentage amount or as a dollar figure: Provided, that it appears in understandable form. The statement shall further show on which rate schedule the call is being billed (e.g., Direct Dialed, Operator Handled, Person to Person, etc.).

2. All charges for service, whether such charges are flat-rate or usage-based, shall appear on a bill rendered not later than ninety (90) days beyond the date on which the charge was incurred. Irrespective of such time frames, it shall be the object of all telecommunications carriers to bill their customer charges as soon after such charges are incurred as is reasonably practicable.

c. Statement of Applicable Rates.

1. Each telephone utility shall transmit by mail to each of its basic residential and business customers a clear and concise statement of the existing rate schedule applicable generally to residential and business customers.

2. Such written statement shall first be transmitted by hand or by mail to the following:

A. To all such customers upon application for service; and B. To all customers within sixty (60) days of a final order of the Commission in a general rate case; and, in any event, C. To all customers not less frequently than once each calendar year.

3. Such written statement may be transmitted together with the customer's billing or in such other manner as the Commission deems appropriate.

d. Disputed bills.

In the event of a dispute between the customer and the telephone company respecting any bill, the telephone company may require the customer to pay the undisputed portion of the bill and shall make such investigation as may be appropriate to the particular case, and report the result thereof to the customer. In the event the dispute is not reconciled, either party may make application to the Commission for review and disposition of the matter.

e. Service interruptions.

When the use of service or facilities furnished by the telephone company is interrupted due to any cause other than the negligence or willful act of the customer or the failure of the facilities provided by the customer, a pro rata adjustment of the fixed monthly charges involved will be allowed for the service and facilities rendered useless and inoperative by reason of the interruption whenever said interruption continues for a period of twenty-four (24) hours or more from the time it is reported to or known to exist by the telephone company, except as otherwise specified in the telephone company's applicable tariffs. For the purpose of administering this regulation, every month is considered to have thirty (30) days.

f. Payment shall not be delinquent less than thirty (30) days after such bill is mailed or otherwise rendered to the customer.

2.2. Credit considerations.

a. Establishment of credit.

1. Applicants for service. Before service is rendered, an applicant for service, in addition to complying with all other applicable rules and regulations, may be required to establish satisfactory credit. The applicant shall be notified promptly of such requirement to prevent any undue delay in the furnishing of service. Any applicant who has not established his credit, as provided under this subsection may be required to pay any service connection charge and make an advance payment on his or her account in an amount equal to one (1) month's estimated average total bill for all services before service is established. An advance payment shall not relieve the applicant of his/her responsibility to establish satisfactory credit. The intent of this subdivision is to provide maximum requirements for use to protect revenues from known credit risks and not as a substitute for reasonable business judgment.

A. In the case of an applicant for residential service, credit will be deemed established if:

1. The applicant owns the premises to be served: Provided, that the credit of the applicant is not otherwise impaired; or 2. The applicant demonstrates by appropriate means that his or her credit is acceptable to the telephone company. In determining whether the credit of the applicant is acceptable, the telephone company may request the following information from the applicant and shall consider it: name of employer, place of employment, length of service, the names of credit references; or 3. The applicant has been a customer of a telephone company for a similar type of service within a period of six (6) consecutive months preceding the date of application unless records of such previous service show that during the last twelve (12) consecutive months of that service period, service was denied or disconnected for non-payment; or 4. The applicant furnishes a guarantor satisfactory to the telephone company to secure payment of bills for the service requested; or 5. The applicant makes a cash deposit. Such deposit shall not be more than one-twelfth (1/12) of the annual estimated charge for the residential service: Provided, however, that this part shall not affect residential customer security deposits required by a utility prior to the passage of W. Va Code 24-3-8 on March 12, 1983.

B. In the case of an applicant for business service, credit will be deemed established if:

1. The applicant owns the premises to be served: Provided, that the credit of the applicant is not otherwise impaired; or 2. The applicant demonstrates by appropriate means that his or her credit is acceptable to the telephone company. In determining whether the credit of the applicant is acceptable, the telephone company may request the following information from the applicant, and shall consider it: name of the business and the names of its officers or owners; type of organization, e.g., individually owned business, partnership, corporation; nature of the product or service provided; length of time established; other telephone service, present or previous; banking references and other sources of credit information which may be quickly and inexpensively contacted by the telephone company; and any other information pertinent to the determination of the credit standing of the applicant; or 3. The applicant has been a customer of a telephone company for a similar type of service within a period of six (6) consecutive months preceding the date of application unless records of such previous service show that during the last twelve (12) consecutive months of that service period, service was denied or disconnected for non-payment, or the applicant had more than one (1) occasion during such twelve (12) month period in which a bill was not paid within the period prescribed by the reasonable regulations of the telephone company on file with the Commission: Provided, that the average total monthly bill for all services rendered during such twelve (12) month period was equal to at least fifty percent (50%) of that estimated as the average total monthly bill for the service being applied for, and: Provided, further, that the credit of the applicant is not otherwise impaired; or 4. The applicant furnishes a guarantor satisfactory to the telephone company to secure payment of bills for the service requested; or 5. The applicant makes a cash deposit to secure payment of bills for service as prescribed in 150CSR6-2.2.c.

C. The establishment of credit under the provisions of this subdivision, or the re-establishment of credit under the provisions of 150CSR6-2.2.c., shall not relieve the applicant for service or customer from compliance with regulations of the telephone company on file with the Commission as to advance payments and the payment of bills, and shall not modify any regulations of the telephone company in regard to the discontinuance of service for the non-payment of bills due for service furnished.

b. Reestablishment of credit.

1. Applicant for service - previous customer. An applicant for service who previously has been a customer of the telephone company and whose most recent period of service was discontinued by the telephone company because of non-payment of bills, may be required to reestablish credit in accordance with 150CSR6-2.2.c. The telephone company may refuse to provide service if the customer still owes a bill for previous service, furnished to him at the same or another location, regardless of the amount owed: Provided, however, that an applicant for residential service shall not be denied service for failure to pay bills for business service, except where the applicant was the sole owner of or partner in the business formerly served and responsible for charges incurred in connection with such business service.

2. Current customer with service.

A. A customer who fails to pay bills before they become past due in accordance with the telephone company's standard billing practices, and who further fails to pay such bills within the time intervals prescribed by 150CSR6-2.2.f., may be required to pay such bills and reestablish his or her credit by depositing the amount prescribed in 150CSR6-2.2.c. and, when applicable, a reconnection charge. However, residential customers shall be entitled to enter into a deferred payment plan as described in 150CSR6-2.2.f.5.

B. A customer may be required to reestablish his or her credit in accordance with 150CSR6-2.2.c. in case the conditions of service or basis on which credit was originally established have changed materially.

c. Deposits: amount, receipt, interest.

1. Computation of amounts for non-residential customers. The amount of the cash deposit which may be required to establish credit for non-residential customers shall not be in excess of one and one-half (1-1/2) times the estimated average total monthly bill for all services, and in the case of seasonal service, in excess of one-half (1/2) of the estimated charges for the service for the season involved. After service has been established and experience demonstrates that the amount of the outstanding deposit is not suitable to safeguard the interests of the telephone company, the telephone company may require an adjustment to the deposit. For certain services that carry a termination liability, such as PBX installations, the amount of the deposit shall be determined by the circumstances involved in each case.

2. Issuance of deposit receipt. Concurrently with receiving a cash deposit, the telephone company shall provide the applicant for service or customer a receipt showing: the date of the deposit; the name and billing address of the applicant or customer to be served; and the amount of the deposit.

3. Interest rate and method of payment. The simple interest rate to be paid shall be determined as follows: The rate which utilities shall be required to pay shall be the average of the one-year United States Treasury Bill rates for October, November and December of the preceding calendar year. By January 15 of each year, Commission Staff shall make the necessary calculations and file with the Commission its calculations. The Commission will issue an order setting the rate to be paid by the utilities until the next annual Commission order.

d. Refund of deposits.

1. Upon discontinuance of service the telephone company shall apply the customer's deposit, including accrued interest, to the final bill for service. Any amount in excess of the final charges shall be refunded to the customer promptly. A transfer of service from one (1) premise to another within the service area of the telephone company shall not be deemed a discontinuance within the meaning of these rules.

2. The telephone company shall return the customers deposit, including accrued interest at any time upon request, if the customer's credit has been otherwise established in accordance with 150CSR6-2.2.a. or 2.2.b.

3. At the option of the telephone company, a customers deposit, including accrued interest may be refunded, in whole or in part, at any time earlier than the times prescribed in this subdivision.

4. No amount deposited as surety for provision of telecommunications service may be applied against any amounts owed for non-telecommunications services or items.

5. Customers with residential service. After the customer has paid bills for service for nine (9) consecutive months (or less at the telephone company's discretion) without having had service denied or disconnected for non-payment, and without having had more than two (2) occasions on which a bill was not paid within the period prescribed by 150CSR6-2.1.f. (i.e., was delinquent), and: Provided, that the customers credit is not otherwise impaired, the telephone company shall refund the customers deposit, including accrued interest. If the customer has had service denied or disconnected for non-payment, or has had more than two (2) such past due bills during such period, the telephone company shall thereafter review the account every six (6) months and shall refund the customers deposit, including accrued interest, after the customer has not had service denied or disconnected for non-payment, and has not had more than two (2) such past due bills during the six (6) months prior to any such review: Provided, that the customers credit is not otherwise impaired.

6. Customers with business service. After the customer has paid bills for service for twenty-four (24) consecutive months without having had service denied or disconnected for non-payment, and without having had more than one (1) occasion on which a bill was not paid within the period prescribed by 150CSR6-2.1.f. (i.e., was delinquent), and: Provided, that the customers credit is not otherwise impaired, the telephone company shall refund the customers deposit, including accrued interest. If the customer has had service denied or disconnected for non-payment, or has had more than one (1) such past due bill during such period, the telephone company shall thereafter review the account every twelve (12) months and shall refund the customers deposit, including accrued interest, after the customer has not had service denied or disconnected for non-payment, and has not had more than one (1) such past due bill during the twelve (12) months prior to any such review: Provided, that the customers credit is not otherwise impaired.

7. Upon the customer's meeting the provisions above for refund of deposit, the telephone company shall promptly and automatically refund the customers deposit, including accrued interest. A receipt or production of proof of payment will not be necessary under these regulations as a condition of the deposit refund.

e. Record of deposit. The telephone company shall keep a record of each cash deposit until the deposit is returned. The record shall show: the name and current billing address of the depositor; the amount and date of the deposit; and each transaction concerning the deposit.

f. Denial or discontinuance of service.

1. The telephone company may refuse, deny, or discontinue service, as appropriate, for failure on the part of the applicant or a customer to establish or reestablish credit in accordance with 150CSR6-2.2.a. or 2.2.b., or for non-payment of a delinquent bill owed to the telephone company for service furnished. Delinquency under this provision shall apply to previous or existing service, whether at the same or another location and also be in accord with the provisions of 150CSR6-2.2.b., 2.2.d., and 2.4.c.

2. The telephone company shall give written notice complying with P.S.C. W. Va. Form 14-T sent first class mail, address correction requested, at least ten (10) days prior to the scheduled termination. At the time notice is given, a residential customer shall be advised of his or her rights under 150CSR6-2.2.f.5. Written notice shall become invalid thirty (30) days after the date indicated on the notice for termination. At the time notice is given, a residential customer shall be advised of his or her rights under 150CSR6-2.2.f.5. Written notice shall become invalid thirty (30) days after the date indicated on the notice for termination. The telephone company shall also make at least two (2) attempts at personal notice by telephone at least twenty-four (24) hours prior to termination. However, the inability of the telephone company to perfect personal notice shall not prevent the telephone company from terminating service. Discontinuance of service will not be made on a day that the business office is closed or on any day immediately preceding a day on which the business office is closed, nor shall service be discontinued on a Friday, Saturday or Sunday. Furthermore, discontinuance of service shall not be made earlier than 8:00 a.m., nor later than 4:00 p.m.

3. If, prior to termination of service, the utility receives notice from the customer:

A. That any portion of a bill is in dispute;

B. That he or she is being charged for service not rendered;

C. That any information resulting in the utility's decision to terminate is erroneous;

D. That he or she is unable to pay for such service in accordance with the requirements of the utility's billing and that termination or service would be especially dangerous to the health or safety of a member of the customer's household; or E. That he or she is able to pay for such service but only in installments, the utility shall provide an opportunity to the customer for presentation of his or her complaint to a designated managerial employee, who is empowered to resolve the dispute. The hearing shall take place at the business office nearest to the customer's residence: Provided, however, that at the option of the customer, the hearing may take place by a telephone conference. The customer shall have seven (7) days from the date of the utility's decision to file an appeal with the Commission. Service may not be terminated from the date the utility receives notice of the customer complaint until the expiration of the seven (7) day appeal period, or during the pendency of an appeal to the Commission. Any amount not in dispute must be paid by the customer in order to protect his or her rights under this subparagraph, except as provided in 150CSR6-2.2.f.5.

4. In the event a customer is back-billed any amounts, including but not limited to, amounts resulting from misapplication of a rate in any item normally a part of monthly local service charges, service shall be denied or discontinued for failure of the customer to pay such amounts, only if the customer refuses to negotiate, and subsequently meet, payment arrangements mutually satisfactory to both parties.

5. Any residential customer who has been notified that telephone service is to be terminated for non-payment of bills shall be given the opportunity to enter into a deferred payment agreement: Provided, that the customer has demonstrated an ability to pay but only in installments. The customer shall be informed at the time a disconnect notice is issued of the option of a reasonable payment plan, including a statement identifying that amount of the bill, the payment of which will prevent termination. The conditions surrounding the deferred payment agreement shall be as follows:

A. The details of the deferred payment agreement are to be negotiated between the utility and the customer and may consider several factors, including, but not limited to the following: amount of the bill; ability of the customer to pay; payment history; time the debt has been outstanding; reasons why the debt has been outstanding; and any other relevant factors: Provided, that the agreement requires payment of the current bill plus a specific amount per month on the arrearage. A customer's line may be put on a toll-restricted service as a part of a deferred payment agreement.

B. Utilities shall be allowed to collect a carrying charge of six percent (6%) on any outstanding balance subject to a deferred payment agreement: Provided, however, that any utility which charges interest on unpaid balances pursuant to tariff shall be precluded from charging additional interest pursuant to this subparagraph.

C. Once a deferred payment agreement has been established, if the customer's financial conditions significantly change and the existing payment works a hardship, the utility shall renegotiate the payment agreement, consistent with the provisions of 150CSR6-2.2.f.5.A. However, during any renegotiation period, the customer must timely pay his or her current bill and make some payment on the arrearage.

D. The deferred payment agreement shall include language informing the customer of the right to appeal the reasonableness of the proposed payments to the Commission.

E. During the appeal, service may not be terminated: Provided, however, that the current bill must be timely paid by the customer in order to protect his or her rights under this paragraph.

F. If the deferred payment is not received, in accordance with the terms of the agreement, the utility may terminate service only after it has mailed written notice, by first class mail, to the customer at least five (5) days, excluding postal holidays, prior to termination: Provided, that at the option of the utility, either personal contact or telephone contact may be substituted for contact by first class mail. If the customer makes the delinquent payment within that notice period, service shall not be terminated.

6. For the purposes of 150CSR6-2.2.f.3.D, a customer is required to provide written certification from a licensed physician that termination would be especially dangerous to the health or safety of a member of the customer's household. Written certification must be renewed every thirty (30) days, except when a licensed physician can state, to a reasonable degree of medical certainty, that the medical condition which makes termination especially dangerous is permanent.

7. Cellular and other wireless telecommunications carriers and interexchange carriers shall be exempt from any requirements of 150CSR6-2.2.f.2., 2.2.f.3., 2.2.f.5., and 2.2.f.6.

8. Any telephone company may cancel, revoke or limit any calling card issued to a customer of that company at any time it deems appropriate, notwithstanding the other requirements of these rules.

g. Service reconnection charge. Where service has been discontinued pursuant to the terms of the notification provided for in 150CSR6-2.f.2., the telephone company may charge and collect the reconnection charge set out in its tariff.

h. All statements of accounts shall contain the following statement: "This Company is a utility regulated by the Public Service Commission of West Virginia." Further, monthly billing statements shall explain in terms familiar to consumers the elements of all local service charges.

2.3. Reasons for denying service.

The telephone company may suspend or terminate service for the following reasons:

a. Non-payment of any sum due for service and not in bona fide dispute: Provided, that there has been compliance with 150CSR6-2.f.5. for residential customers.

b. Making of nuisance calls.

c. Violation of or non-compliance with Commission regulations or FCC technical requirements.

d. Failure to comply with laws applicable to telephone service.

e. Failure to permit the company reasonable access to company equipment.

2.4. Insufficient reasons for denying or discontinuing service.

The following shall not constitute sufficient cause for refusing, denying or discontinuing service to an applicant or present customer:

a. Delinquency in payment for service by a previous occupant of the premises to be served other than a member of the same household.

b. Failure to pay Directory advertising charges: Provided, that in such case customer's telephone number may be changed.

c. Delinquency in payment for business service shall not constitute sufficient cause for refusal of residence service or vice versa, except as provided in 150CSR6-2.2.b.1.

d. When the subscriber is age sixty-five (65) years or older, and such subscriber is living alone, denial or discontinuance of service shall not be made prior to contact with a near relative, i.e., son, daughter, niece, or nephew, or responsible third party. Where the West Virginia Department of Health and Human Resources (or successor agency) is a party in interest, it is considered as such third party. This exception shall also apply to any subscriber regardless of age, who is physically or emotionally incapacitated, and living alone. The requirements of this subdivision shall be considered met if the eligible subscriber is, at a minimum, provided with the following:

1. Dial tone (without the ability to receive incoming calls).

2. The ability to make 9-1-1 calls.

3. A recorded announcement whenever the caller tries to reach a number other than 9-1-1 that informs the caller that the line cannot receive incoming calls and can only be used to make emergency calls to 9-1-1.

e. Basic local exchange telephone service, as defined in 150CSR6-1.7.c., shall be neither disconnected nor interrupted for non-payment of charges rendered for the provision of either telecommunications services not defined in 150CSR6-1.7.c. or non-telecommunications services: Provided, that the customer pays for and continues to pay all charges, not in bona fide dispute, related to basic local exchange telephone service. This subdivision does not prohibit an interexchange telecommunications carrier from blocking the customers access to that carriers service at the switching location.

2.5. Complaints and appeals.

a. The telephone company shall make a full and prompt investigation of all complaints made by its customers or applicants for service either directly to such persons or, upon Commission request, to the Commission.

b. The telephone company shall direct its personnel engaged in initial contact with an applicant or customer in which dissatisfaction with the decision or explanation of such personnel is expressed, to inform the applicant or customer of his or her right to have the problem considered and acted upon by the telephone companys supervisory personnel. The telephone company shall further direct such personnel to furnish the applicant or customer with the address and telephone number of the Utility Complaints Division of the Commission that may be contacted for further review of the problem.

2.6. Directories.

a. Each LEC must provide telephone directories by one of the following methods:

Print and distribute a paper Directory to customers or arrange for printing and distribution to customers once a year. The Directories must list the name, address and telephone number of all customers, except public telephones and numbers unlisted at customer request.

Or after January 1, 2017, provide an internet-based electronic Directory containing the information required for a printed Directory. If a Local Exchange Carrier uses this method, it must provide customers with the option to obtain a printed directory on request. The LEC may not transition to an internet-based Directory until after it has provided notice to each customer through three separate monthly bill inserts or similar customer bill message over a period of not less than three months nor more than six months. Prior to transitioning to an internet-based directory, an LEC must also issue a press release regarding the transition, place a prominent plain language notice of 16 point font on the cover of the final full distribution of printed Directories regarding the upcoming transition including instructions of how customers may request a printed copy of the Directory and post a prominent and easily readable notice on its internet website describing the transition period and how to request a printed Directory. Subsequent to transition to an internet-based Directory, each LEC must advise customers annually of the internet address of the online Directory and of the availability of a printed Directory on request. Internet-based Directories must be divided into reasonable local calling areas similar to historical printed Directories, or if larger Directories are produced, must contain an index with links to sections covering reasonable local calling areas similar to historical printed Directories.

b. Telephone Directories shall include listings for all local service areas for the exchanges to which this Directory is supplied.

c. The telephone company shall list its customers in the Directory assistance directory necessary for the Directory assistance operators to provide the requested telephone numbers based on the customers' names and addresses, within one (1) week of establishment of service.

d. Upon issuance, two (2) copies of each printed Directory and, if applicable, the internet address of an online Directory shall be furnished to the Commission.

e. Information pertaining to emergency calls, such as the local police and fire departments, shall appear conspicuously in the front part of the Directory.. Also the offices of the West Virginia State Police, county sheriff's office, and ambulance services shall be listed.

f. The Directory shall contain such instructions concerning placing local and long distance calls, calls to telephone repair service and Directory assistance services, and location, office hours and telephone number of telephone company business offices as may be appropriate for the area served by the Directory.

g. Directory assistance or intercept operators shall have access to records of all customers' numbers (except public telephones and telephone numbers unlisted at the customer's request) in the area for which they are responsible for furnishing Directory assistance service.

h. In the event of an error in the listed number of any customer in a printed Directory, the telephone company shall, where practicable, intercept all calls to the listed number until the next local printed Directory with corrected numbers is issued. Corrections in internet-based Directories shall be made as soon as the error is discovered, but this shall not eliminate the call intercept requirement. In the event of an error or omission in the name listing of a customer, such customer's correct name and telephone number shall be in the files of the Directory assistance or intercept operators and the correct number furnished to the calling party either upon request or intercept.

i. Whenever any customer's telephone number is changed after a Directory is published, the telephone company shall intercept all calls to the former number for a reasonable period of time and give the calling party the new number: Provided, that existing central office equipment will permit and the customer so desires such intercept service.

j. When additions or changes in plant, records or operations which will necessitate a large group of number changes are scheduled, reasonable notice shall be given to all customers so affected even though the additions or changes may be coincident with a Directory issue.

k. Each telephone company shall, without charge, provide applicable rate and charge information regarding local, intrastate and interstate calling during normal business hours. Such information may be provided directly by the telephone company or by indicating that such information is available from the carrier that is the subject of the inquiry and providing appropriate information regarding contacting the carrier.

1. Such information shall be available by each of the following means:

A. Free telephone call;

B. E-mail; and C. Internet web site.

2. Telephone companies may also provide such information in a printed format available by mail or direct customer pickup and such information may also be faxed to customers desiring such transmittal.

l. Information regarding service connection and installation charges, where applicable, shall be made available by telephone companies in exactly the same manner as required by 150CSR6-2.6.k. for information regarding calling rates and charges.

2.7. Labeling of station equipment.

Where the telephone company offers for outright sale to the subscriber equipment or apparatus to be used in conjunction with telephone service or access thereto, the equipment or apparatus shall be plainly labeled as a product sold by the company. On services or equipment comprised of items sold to the customer and items provided by the telephone company but not sold to the customer and intended to remain the telephone companys property, such items shall be clearly identified so that the customer can readily distinguish between property purchased from the telephone company and property over which the telephone company retains ownership.

2.8. Changes in Subscriber Carrier Selections.

a. No telecommunications carrier shall submit or execute a change in a subscribers selection of a provider of local exchange telephone service or interexchange telecommunications service, except in accordance with the verification procedures set forth in this subsection and W. Va. Code 24-2E-1.

b. In order for a telecommunications carrier to obtain subscriber confirmation of a request for a change in local exchange telephone service or a change of presubscribed interexchange carrier (PIC) providing intrastate toll service, a telecommunications carrier must, from the customer of record, perform one of the following:

1. Obtain written authorization through letters of agency.

2. Obtain electronic authorization through the use of a toll-free telephone number.

3. Orally verify the change of carrier request through an appropriate, independent third-party.

c. The letter of agency described in 150CSR6-2.8.b.1. must contain the following information:

1. The subscribers billing name and address, and each telephone number subject to the change order.

2. A statement setting forth the subscribers decision to change from his or her current local or interexchange carrier to the new local or interexchange carrier.

3. A statement that the subscriber designates the local or interexchange carrier to act as the subscribers agent for purposes of executing the change.

4. A statement that the subscriber understands that any change of carrier may involve a charge to the subscriber.

5. Nothing that conflicts with Federal Communications Commission regulations found in 47 CFR Part 64, Subpart K, or successor regulations.

d. Carriers shall retain, for at least two (2) years, hard copy or electronic documentation of carrier change requests in which they become the requesters chosen carrier. Such documentation shall be provided to the Commission, the customer or the Attorney General of West Virginia.

e. Any telecommunications carrier that violates the verification procedures described in this subsection, and that collects charges for local exchange service or intrastate toll service from a subscriber, shall be liable to the carrier previously selected by the subscriber in an amount equal to all charges paid by such subscriber after such violation. Any overcharges that are due the subscriber shall be refunded by the properly authorized carrier within thirty (30) days after such carriers receipt of all charges collected by the violating carrier.

f. The Commission, upon finding that any provision of this subsection has been violated, may take any or all of the following actions:

1. Impose a fine upon the violator for each violation. Such fine shall not exceed the applicable limits of the West Virginia Code.

2. Revoke the violators certificate of public convenience and necessity.

g. In the case of an unauthorized change in carrier, or a change which violates the verification procedures described in this subsection, subscribers shall be liable only for charges up to an amount that would have been paid to their former, authorized local exchange carrier or intrastate interexchange carrier. The remedies provided by this subsection are in addition to any other remedies available by law.

h. Whenever an LEC subscriber receives a change in his or her service status due to subscriber request, or due to either late payment or non-payment of a bill, and whenever an LEC subscriber makes a change in presubscribed interexchange carrier or is subject to an unauthorized change in such carrier, the serving LEC shall, upon receipt of a subscribers request to restore service, inform the subscriber:

1. That his or her interexchange carrier account status may have changed and that such change could result in billing changes.

2. That questions regarding any change in interexchange carriers account should be directed to the subscribers interexchange carrier.

i. Under no circumstances shall a customer be responsible for a casual calling or random calling rate, charge or fee for a call placed from a telephone line presubscribed to the telecommunications carrier that carried the call and for which the telecommunications carrier has established an account, except where the caller dials an access code to reach the presubscribed carrier.

j. Whenever a telephone number change or a presubscribed interexchange carrier assignment change or reactivation is made to a telephone line, the local exchange carrier which made the change or reactivation shall, within three (3) business days of the implementation of the change or reactivation, notify the beneficiary interexchange carrier: Provided, however, that the local exchange carrier may, at its option, establish an electronic or other automated system capable of providing the requisite information. Within thirty (30) days after provision of such notice, the beneficiary interexchange carrier shall attempt to contact the subscriber if no active account exists for the affected line. For purposes of this subdivision, beneficiary interexchange carrier means the interexchange carrier associated with the presubscribed interexchange carrier code that becomes assigned to the telephone line pursuant to any of the changes described in this subdivision.

2.9. Non-Interruption of Basic Telephone Service Due To Reseller Inability to Serve.

a. No local exchange carrier shall discontinue service to a reseller without first providing notice to the reseller and the Commission.

b. Any reseller whose service has been, or is about to be, discontinued shall immediately provide notice to its customers of the resellers cessation of operations. Such notice shall advise customers of the expected date the resellers service will cease and shall include a statement advising customers that they should review their telephone Directory to determine what other local exchange carriers may be willing and able to provide service to the customer. 150.6-3. Engineering.

3.1. Construction.

Telecommunications plant shall be designed, constructed, maintained, and operated in accordance with the provisions outlined in the current National Electric Safety Code or Rural Utility Service Standard, or such other appropriate regulation as may be prescribed.

3.2. Switching service.

In order to provide and maintain the best possible service for all telephone customers, the telephone company shall not be required to provide exchange or message toll switching services to lines that introduce energy into the network at levels of frequencies that will interfere with other users.

3.3. Emergency operation.

a. The telephone company shall make reasonable provisions to meet emergencies resulting from failures of lighting or power service, sudden and prolonged increases in traffic, illness of personnel, or from fire, storm, or other acts of God, and the telephone company shall inform employees as to procedures to be followed in the event of emergency in order to prevent or minimize interruption or impairment of telephone service.

b. It is essential that all switching locations have some provision for emergency power. At switching locations without installed emergency power facilities, there shall be a mobile power unit available which can be delivered and connected on short notice.

c. At switching locations serving in excess of five thousand (5,000) lines, a permanent auxiliary power unit shall be installed.

d. Selective interruption of telephone service may be necessary to ensure continuance of service to essential users during emergency conditions.

3.4. Construction work near utility facilities.

a. Upon receipt of written or verbal notification from the property owner, or from a contractor, of work that may affect its facilities used for serving the public, the telephone company shall investigate and decide what action, if any, must reasonably be taken to protect or alter telephone facilities in order to protect service to the public and to avoid unnecessary damage, such as identifying in a suitable manner the location of any underground facilities which may be affected by the work.

b. The telephone company shall take such action as is reasonably and legally necessary to protect, remove, alter, or reconstruct its facilities, and shall perform such work with reasonable dispatch taking into account the conditions to be met: Provided, that nothing in this subdivision shall be deemed to affect any right which the telephone company may have to require advance payment or adequate assurance of payment of the reasonable cost thereof to the telephone company by the property owner or contractor.

c. The telephone company may, in order to protect its interest, require that the owner or contractor perform certain work upon that part of the service piping or wiring on, or being removed from, the property on which the work is being performed. This subdivision is not intended to affect the responsibility of the contractor or owner, or the liability or legal rights of any party.

d. The telephone company shall provide a listing in each of its directories advising the public and contractors of an appropriate office to call for guidance and directions for performing excavations, etc., near telephone facilities.

W. Va. Code R. § 150-6-4 Testing

4.1. Provisions for testing.

The telephone company shall provide or have reasonable access to test facilities which will enable it to determine the operating and transmission capabilities of circuit and switching equipment for routine maintenance, for fault location and for purposes of reasonable testing requested by Commission Staff for good cause, such as complaint resolution or service quality inspection.

W. Va. Code R. § 150-6-5 Records and reports

5.1. Location of records.

All records required by these rules shall be made available to the Commission or its authorized representative at any time upon request.

5.2. Preservation of records.

All records required by these rules shall be preserved for the period of time specified in the current edition of the Federal Communications Commission's records retention schedule, unless otherwise specified by the Commission.

5.3. Service Quality Reports.

Each local exchange carrier shall submit to the Commission appropriate annual reports describing its performance with respect to the standards of service prescribed herein. All statistics and measurements will normally be reported on a West Virginia operations basis and shall be a product of the carriers normal measurement techniques. These reports shall be due in the Commission's office by no later than March 1 of each year.

As the local exchange carrier changes or improves its measurement procedures, the comparative data shall also be changed and the Commission apprised of the nature of each change coincident with the first report under the new procedure.

The annual data report to the Public Service Commission shall follow the format shown on P.S.C. W. Va. Form No. T-1.

5.4. Financial and Statistical Report.

a. Telecommunications carriers shall file annually a financial and statistical report upon forms to be furnished by the Commission or as otherwise designated by Commission Staff. This report shall be based upon the accounts set up in conformity with the Commissions order and rules, as set out in 150CSR6-1.8. The report shall be filed on or before March 31 of each year, or at such date as the Commission may direct.

b. An interexchange carrier with annual gross revenues of less than one million dollars ($1,000,000) from operations within the state is not required to file an annual financial and statistical report unless the carrier has also been certificated as a local exchange carrier.

c. Cellular and wireless service carriers that have not been certificated as local exchange carriers are not required to file an annual financial and statistical report, except as otherwise required by 150CSR25.

d. All telecommunications carriers shall keep the Commission timely apprised of the following information and any changes to such information:

1. The carriers legal name.

2. All business names used by the carrier in West Virginia.

3. The name, title, mailing address, telephone number, telefacsimile number and e-mail address of the carriers point of contact for regulatory matters in West Virginia.

5.5. Management audits.

a. Scope. To establish a procedure for examination of management practices and policies to determine whether the entity being audited is operating with efficiency and utilizing sound management practices. The purpose of a management audit is to disclose operating areas that are efficient or inefficient, to identify areas for improvement, and to form recommendations for changes. The results of a management audit and the response of the utility to the recommendations and implementation plans developed pursuant to a management audit may be a factor in determining just and reasonable rates, as set out herein.

b. Types of management audits. The following types of management audits, which vary in scope, may be directed and utilized by the Commission:

1. Comprehensive. An investigation characterized by an extensive, detailed analysis of a utility's management and operations.

2. Reconnaissance. A broad review, similar in scope to a comprehensive audit, but in less detail. The objective of this type of audit is to identify specific areas for more intensive investigation based upon the magnitude of the problem identified or the potential benefits to be derived.

3. Focused. An in-depth investigation of one (1) or more specific areas of a utility's management and operations.

c. Frequency. The Commission shall order a management audit of any utility under its jurisdiction whenever the Commission deems it necessary to investigate the operational efficiency of the utility. Such factors as the cost of the management audit and the potential benefits of such audit may be taken into consideration. The Commission may accept or request a management audit performed under the rules of another jurisdiction in satisfaction of this subsection when that audit is of the scope contemplated by the Commission, conforms to the standards herein set forth and covers the utility's service functions in its West Virginia jurisdiction.

d. Conduct and control of management audits.

1. The Commission may choose to have the audit performed by Commission Staff or contracted to a qualified outside auditing firm. In the latter case, the Commission may supervise the selection process. If the management audit is to be conducted by an auditing firm, the Commission's order initiating the audit shall include provision for the development of the request for proposal (RFP), the consultant selection process and Commission Staff's assistance and supervision during the audit.

2. The Commission may impose eligibility restrictions upon contractors relating to past, current, and post-audit relationships with the utility.

3. The utility is expected to cooperate to the fullest extent with the performer of a Commission ordered management audit. A responsible employee shall be appointed by the utility as its management audit coordinator, who shall be responsible to assist in the efficient performance of the management audit.

e. Costs of management audits. It shall be the responsibility of the audited utility to pay for a contracted audit. The Commission shall include the reasonable cost of conducting the contracted management audit in the cost of service of the utility. The Commission may allow such costs to be recovered in the utility's next general rate case following completion of the audit, or the Commission may order such costs to be amortized over a reasonable period of years, considering the impact of these costs on both the utility and its customers.

f. Implementation of management audit recommendations.

1. Draft report.

A. Upon completion of the audit a draft report shall be submitted to the utility for comments.

B. The auditor and utility representatives shall conduct a draft review meeting subsequent to the distribution of the draft review report.

2. Final report.

A. A final report shall be submitted to the Commission no later than thirty (30) days after the submission of the draft report to the utility.

B. Within thirty (30) days of the final submission of the management audit report, the utility shall file a document detailing its position on each audit recommendation. This document must state which recommendations are acceptable to the utility and the nature of the utility's disagreement with any recommendations.

3. The Commission may, after hearing, issue an order prescribing the recommendations that should be adopted by the utility.

4. The utility shall file detailed implementation plans for the Commission's review and approval within the time specified in the Commission's order prescribing which recommendations the utility should adopt. The utility shall not deviate from an approved implementation plan without prior notice to the Commission which specifically states the utility's reasons for departing from the approved plan.

5. At the direction of the Commission, a follow-up audit may be performed to review the progress of the utility in implementing the approved plans and the results of previously performed management audits.

6. A management audit report and implementation plan adopted pursuant thereto and any follow-up audit may be used by parties in a general rate case subsequent to the management audit. Such audits and implementation plans may be a factor in the determination of just and reasonable rates if introduced as an exhibit and subjected to normal due process procedures.

7. The Commission may grant an extension of the time limits established in this subsection for good cause shown.

W. Va. Code R. § 150-6-6 Standards of quality of service

6.1. Basic telephone company obligations.

a. The telephone company shall provide tele- communications service to the public in its service area in accordance with its rules and tariffs approved by and on file with the Commission.

b. The telephone company shall employ prudent management and engineering practices, including the employment of reliable procedures for forecasting future demand for service, to the end that reasonable margins of facilities and adequate personnel are available to ensure that service will meet the standards of quality described herein.

c. The telephone company has the obligation of continually reviewing its operations to assure the furnishing of service in accordance with the standards set forth herein. Studies shall be made and records maintained to the extent, and with the frequency necessary, to determine that sufficient and suitable equipment and an adequate operating force are provided.

d. The telephone company shall maintain records of its operations in sufficient detail as is necessary to permit review of service quality, and such records shall be made available for inspection by the Commission, upon request, at any time within the period prescribed for retention of such records.

e. Where a telephone company is generally operated in conjunction with any other enterprise, suitable records shall be maintained so that the results of the telephone operation may be determined upon reasonable notice and request by the Commission.

f. Suitable practices shall be adopted by the telephone company to ensure that employees are courteous, considerate, and efficient in the handling of all calls, and comply with the provisions of all applicable Federal and State laws in maintaining secrecy of communications.

g. Upon reasonable request the telephone company shall provide verification of busy lines.

h. Subscriber loop requirements.

1. Where analog voice telecommunications service is provided to a subscriber, the local distribution circuit (loop) shall meet the following specifications when measurements are taken at the local exchange carriers NID connecting point:

A. Loop current: 20 m/A to a 400 ohm load.

B. Circuit loss: (-)8.5 db or less.

C. Circuit noise: 20 dbmC or less.

D. Power influence: 80 db or less.

E. Balance (power influence minus circuit noise): 60 db or more.

2. Where digital telecommunications service is provided to a subscriber, the local exchange carrier shall meet or exceed the minimum data transmission speed for the specific digital telecommunications service provided to the subscriber. Each digital telecommunications service offering shall be set forth in the carriers Commission-approved tariff.

6.2. Service standards.

a. Request for new service.

1. The telephone company shall endeavor to satisfy requests for the installation of local exchange service within five (5) working days after receipt of application.

2. Installation intervals beyond five (5) working days are appropriate in those instances where a later installation date is requested by the applicant, where special equipment or services are involved, where installation personnel are busy restoring services due to interruption caused by emergency situations, where materials cannot be obtained through no fault of the company, and during unusual periods caused by seasonal factors or work stoppage. Normally, the telephone company is expected to complete at least ninety percent (90%) of requests for service within five (5) working days when no special equipment or significant construction is involved.

3. Whenever, for any reason, the service installation cannot be made on the day requested by the applicant or within the prescribed interval, the applicant shall be notified promptly of the delay, the reason therefore, and the approximate date when the installation will take place.

4. When the request for new service requires an unusually large amount of construction, the customer may be required to pay a portion or all of the costs associated with the required construction. However, these charges are applicable only when the revenue to be received by the telephone company or the immediate prospect of securing sufficient additional revenue, or both, does not justify the necessary investment.

5. When the construction for which the telephone company has made a cash construction charge is utilized by the telephone company for the purpose of serving additional customers or for supporting other telephone facilities, the telephone company shall refund a portion or all of the amount charged. Refund periods must be consistent with those used to justify the necessary investment. Specific regulations for construction charges and refunds, relating to construction on public and private right-of-way, shall be detailed in each telephone company's tariff.

b. Meeting commitments. The telephone company shall make reasonable efforts to fill, by the promised date, all regular orders for service, or for changes in existing services, for which a commitment has been made. Recognizing the many practical factors, such as the need to employ installation personnel to restore service interruptions caused by emergency situations, unusual weather conditions or other acts of God, as well as the need to avoid excessive costs, the satisfactory level of performance shall be to meet at least ninety percent (90%) of such commitments. Where the promised date cannot be met, the telephone company shall make reasonable efforts to inform the customer of the delay and a new appointment shall be made within a reasonable time.

c. Held orders.

1. During such periods of time as the telephone company may not be able to provide initial local exchange service to an applicant or modify, as requested, a customer's existing service within thirty (30) days after the date the applicant or customer requests initial service or service modification, the telephone company shall keep a record, by exchange, showing the name and address of each applicant or customer, the date of application, the desired date for service, the type of service or service modification applied for, and the reason for the inability to provide the new service or service modification.

2. When, because of shortage of facilities, the telephone company is unable to provide local exchange service on dates requested by an applicant, first priority shall be given to furnishing those services which are essential to public health and safety. In cases of prolonged shortage or other emergency, the Commission may require establishment of a priority plan subject to its approval for clearing held orders, and may request periodic reports concerning the progress being made.

3. Intervals in excess of thirty (30) days may be appropriate in those instances requiring significant outside plant construction work or installation of additional switching location equipment, or when the applicant or subscriber requests new service or a service modification to be provided more than thirty (30) days beyond the date of the application.

4. Whenever, for any reason, a request for service cannot be filled within the prescribed interval or on a date requested by the customer which is beyond the prescribed interval, the subscriber or applicant shall be notified promptly of the delay, the reason therefore, and the approximate date when the order will be filled.

6.3. Operator service requirements.

a. The telephone company shall provide operator assistance service twenty-four (24) hours a day for all customers it serves.

b. Adequate personnel shall be provided at operator offices with the objective that at least eighty-five percent (85%) of requests for assistance will be answered within ten (10) seconds.

c. When an operator is notified by a customer that the customer has reached a wrong number, been cut off, or experienced poor transmission, the customer shall be given appropriate credit when the claim has been substantiated.

6.4. Local dial service requirements.

a. Switching location capability and equipment shall be provided to meet the following requirements:

1. Dial tone, or the functional equivalent, within three (3) seconds on at least ninety-eight percent (98%) of calls during the average busy season -- busy hour period.

2. Satisfactory transmission quality on at least ninety-nine percent (99%) of all calls as measured by sampling or test calling procedures.

3. Satisfactory completion of at least ninety-nine percent (99%) of all calls as measured by sampling or test calling procedures.

b. With the exception of numbers that are changed coincident with the issuance of a new Directory, intercept services, either operator or mechanical, shall be provided for each non-working and changed telephone number for no less than sixty (60) days, in the case of residential telecommunications service, and no less than one (1) year, in the case of business telecommunications service.

1. Such intercept service shall, insofar as feasible and appropriate, provide the caller with the replacement telephone number if one exists.

2. In instances where provision of a replacement number is infeasible or inappropriate, the intercept service shall inform the caller that the called number is a non-working number.

3. A telephone number shall not be reassigned until the required intercept service has terminated in accordance with this subdivision.

6.5. Maintenance requirements.

a. The telephone company shall adopt and pursue a maintenance program aimed at preventing service interruptions so as to achieve adequately reliable and efficient operation of its system.

b. Maintenance shall include keeping all plant and equipment in a good state of repair consistent with the design capabilities of the plant affected.

c. The telephone company shall keep a record of each interruption affecting service to an entire exchange, or any other significant portion of the companys telecommunications network. This record shall show the date, time, duration, extent, cause, and resolution of the interruption. A report shall be made that details how the telephone company plans to prevent recurrence of the service interruption. These records and reports shall be made available to Commission Staff upon request.

d. When interruptions occur, the telephone company shall reestablish service with the shortest feasible delay. In general, out-of-service troubles should be cleared within twenty-four (24) hours of the time such troubles are reported or otherwise noticed by the telephone company, except when such service interruptions are caused by emergency situations or acts of God affecting such numbers of customers as to make twenty-four (24) hour service restoration infeasible.

e. Whenever service must be interrupted for the purpose of working on transmission facilities or their supporting apparatus or switching location equipment, such work shall be done at a time which will cause the least inconvenience to subscribers, and those who will be most seriously affected by such interruption shall, insofar as feasible, be adequately notified in advance. The telephone company shall also notify the appropriate 9-1-1 answering center of any planned service interruption that will affect, for one (1) hour or more, two hundred (200) or more access lines served by that 9-1-1 answering point.

f. Repair service shall be available on weekends and holidays, as well as weekdays, for basic service reported to be out of order.

1. Arrangements shall be made to receive customer trouble reports twenty-four (24) hours daily and to clear trouble as soon as feasible and at all hours for customers who express a bona fide emergency need for service, if clearing such trouble is consistent with the personal safety of telephone company personnel. An emergency shall consist of an immediate threat or significant potential threat to the customers health, or the health of anyone in the customers household, or to the customers property.

2. The telephone company shall provide to customers the telephone number to call for repair service, and calls to repair service shall be available, without charge, for calls placed from the exchange in which trouble is experienced. When trouble is apparently located in the connecting company facilities, the trouble report shall be referred by the telephone company to the connecting company.

3. The telephone company shall provide clearly and list in the Directory the telephone number to use to call the telephone companys business office, and calls to the business office shall be available, without charge, for calls placed from any exchange to the business office for that exchange.

g. The telephone company shall maintain an accurate record of trouble reports made by its customers. This record shall include appropriate identification of the customer or service affected, the time, date and nature of the report, the action taken to dispose of the report or satisfy the complaint, and the date and time of trouble clearance or other disposition. This record shall be available to the Commission or its authorized representatives upon request during usual business hours within the period prescribed for retention of such records.

h. The telephone company shall take all reasonable actions to notify a 9-1-1 answering point, or appropriate emergency services personnel, of any service outage that affects, for one (1) hour or more, two hundred (200) or more access lines served by that 9-1-1 answering point.

6.6. Transmission requirements.

Telephone companies shall furnish and maintain adequate plant, equipment and facilities to provide satisfactory transmission of communications between customers in their service areas. Transmission shall be at adequate volume levels and free of excessive distortion. Levels of noise and cross-talk shall be such as not to impair communications.

6.7. Miscellaneous service requirements.

a. In each exchange, at least one (1) public telephone will be available to the public on a twenty-four (24) hour basis. This public telephone shall be located in a prominent location, provided with a printed Directory and lighted at night, if practicable.

b. The failure of commercial electrical power service to a location with basic local service shall generally not cause the basic local service at the location to fail.

W. Va. Code R. § 150-6-7 Safety

7.1. Protective measures.

a. The telephone company shall exercise reasonable care to reduce the hazards to which its employees, its customers, and the general public may be subjected to by its operations.

b. The telephone company shall give reasonable assistance to the Commission in the investigation of the cause of accidents, and in the determination of suitable means of preventing accidents.

W. Va. Code R. § 150-6-8 Promotional practices

8.1. Declaration of public policy.

In the public interest and pursuant to the powers vested in it, the Commission declares that any utility in designing and implementing any promotional practice or practices shall consider what impact, if any, such promotional practice or practices will have upon the conservation of energy and the efficient use of utility plant; and the utility shall not implement any practice or practices which shall have an adverse effect upon conservation, or which cannot be justified from a rate payer benefit/utility cost standpoint.

W. Va. Code R. § 150-6-9 Accelerated rate filing procedures for interexchange services

This section sets forth a procedure for telecommunications carriers seeking to implement new or changed interexchange rates, charges or service offerings.

9.1. A telecommunications carrier seeking to implement a new or changed interexchange rate, charge or service offering shall file a proper tariff with proper tariff notations reflecting such changes.

9.2. A telecommunications carrier seeking to implement a new or changed interexchange rate, charge, or service offering must provide fourteen (14) days notice of the new or changed interexchange rate, charge or service offering to affected customers. The form and format of such notice shall be as reasonably determined by the carrier, unless otherwise directed by Commission Staff. As part of the tariff or other filing implementing the new or changed interexchange rate, charge, or service offering, the carrier shall fully advise Commission Staff of the public notice the carrier proposes to provide. Such new or changed interexchange rate, charge, or service offering shall become effective upon the expiration of the fourteen (14) day notice period, unless otherwise ordered by the Commission.

9.3. Promotions of ninety (90) days duration or less that affect interexchange services need not be tariffed.

9.4. Filings made pursuant to this section shall be accompanied by the following:

a. A statement, consistent with Rule 41 of the Commissions Rules for the Government of the Construction and Filing of Tariffs of Public Utilities and Common Carriers by Motor Vehicle, 150CSR2-18.1, or successor rules and regulations.

b. A description of the notice given to the public. If a bill insert is used to provide notice, a copy of the bill insert shall be included.

W. Va. Code R. § 150-6-10 Reduced telephone rates for certain low-income residential customers

10.1. Requirement to Offer Tel-assistance Service.

Every eligible telecommunications carrier shall, pursuant to tariff or agreements filed with and approved by the Commission, offer a Tel-assistance Service rate schedule for residential customers. The Tel-assistance Service rate schedule shall provide special reduced rates for all qualifying low income consumers and shall clearly state the availability of service, the eligibility conditions, the type of service to be offered, the restrictions on service, and the applicable rates and charges as set forth in the subsequent subsections of this section and in W. Va. Code 24-2C. 10.2 Definitions.

a. Customer shall mean, for the purpose of this section, the member of the household in whose name telephone service is provided. For purposes of this section, the terms customer and consumer are synonymous, and may be used interchangeably.

b. Eligible Telecommunications Carrier means a common carrier that offers telecommunications services that are supported by federal universal service mechanisms, that advertises the availability of such services and the charges for such services using media of general distribution, and that has been designated as an eligible telecommunications carrier by the Commission pursuant to the provisions of 47 U.S.C. Section 214(e).

c. Qualifying low-income consumer means a residential customer who is a recipient of Medicaid, food stamps, supplemental security income, federal public housing assistance, low-income home energy assistance program benefits, temporary assistance to needy families benefits, or benefits under other income-related state or federal programs.

d. Tel-assistance Service means an individual, residential local exchange dial access line and an allowance for usage established by the Commission. The monthly rate for Tel-assistance Service shall be less than that normally charged by the eligible telecommunications carrier for residential service available to all customers. No other basic local exchange telephone service, foreign zone or foreign exchange service may be provided to the dwelling place of a Tel-assistance customer. Tel-assistance service is not available to business customers.

e. Usage means the amount of local exchange service and long distance service provided by eligible telecommunications carriers to Tel-assistance customers.

10.3. Availability of Tel-assistance; rates and charges.

a. Tel-assistance Service shall be made available by eligible telecommunications carriers to all qualifying low income consumers.

b. The monthly Tel-assistance rate shall be set initially by the Commission at the lower of:

1. The lowest priced eligible service available to the customer at the time of his or her application; or 2. Seven dollars and fifty cents ($7.50).

c. The Tel-assistance rate shall allow the customer two dollars ($2.00) in usage and free optional toll blocking service. All usage in excess of two dollars ($2.00) shall be charged to the customer at the otherwise applicable tariff rate.

d. The Commission may, upon having set the rate initially for Tel-assistance, change such rate from time to time upon a finding that it is reasonable to do so, and may, in connection therewith increase or decrease the usage allowance. Insofar as permitted under federal law, eligible telecommunications carriers may file with the Commission tariffs or agreements that, without limitation, offer Tel-assistance Service which includes a broader group of services, or make Tel-assistance Service available to a broader group of low-income customers. All such tariffs and agreements are subject to approval by the Commission.

e. An eligible telecommunications carrier may not impose an order processing charge or line connection charge in changing a customer to or from Tel-assistance Service. However, charges for other allowed services, including those for installing service or for moving a customer's service from one (1) dwelling to another, shall be made at the otherwise applicable tariff rate.

10.4. Eligible telecommunications carriers responsibility upon application.

a. Eligible telecommunications carriers shall accept applications for Tel-assistance Service from:

1. Any current customer; and 2. Any person who subsequently becomes a customer.

b. In determining whether an applicant is eligible to receive Tel-assistance Service, an eligible telecommunications carrier is entitled to rely upon the information provided to it directly or indirectly by the West Virginia Department of Health and Human Resources (or successor agency) pursuant to West Virginia Code.

c. An Eligible telecommunications carrier may provide Tel-assistance Service to a customer based on the customers self-certification of eligibility, so long as the qualification of the applicant is subject to subsequent verification by the eligible telecommunications carrier.

d. Each eligible telecommunications carrier shall maintain documentation regarding the resolution of individual applications for Tel-assistance Service. The information contained in said records shall include names, addresses or other information which adequately identifies the applicant, the application date, the basis of eligibility, the date on which Tel-assistance Service is approved or denied; and whether the applicant is disabled and/or age sixty or older.

e. Any customer who ceases to receive service under a Tel-assistance Service rate schedule must reapply in order to receive such service again.

10.5. Certification of revenue deficiency.

a. On or before March 1 of each year, each eligible telecommunications carrier may make application to the Commission for a determination and certification of the revenue deficiency, except that caused by free toll blocking service, which it has experienced during the previous calendar year. Subsequently, the Commission will enter an order certifying the amount of the revenue deficiency. If an eligible telecommunications carrier does not make application for certification of revenue deficiency for any calendar year, that eligible telecommunications carrier must, by March 1 of the following year, fully report to the Commission the extent of its actual provision of Tel-assistance Service.

b. The eligible telecommunications carriers revenue deficiency shall be calculated as the difference between revenues received from customers participating in Tel-assistance Service and the revenues which would have been received at full tariff rates for the same service as being provided under Tel-assistance; provided, however, that the revenue deficiency shall be limited to the revenues generated from providing Tel-assistance Service to qualifying low-income consumers who are disabled and/or age sixty or older.

c. Applications for determination and certification of an eligible telecommunications carriers revenue deficiency shall be made in the format prescribed by the Commission. All information submitted in such application shall be verified by the eligible telecommunications carrier to be true and accurate to the best of its knowledge and information.

d. The agreements or tariffs filed with the Commission for approval in accordance with this section, and W. Va. Code 24-2C, may specify the methodology by which the eligible telecommunications carrier will calculate its annual revenue deficiency. Subject to prior approval by the Commission, eligible telecommunications carriers may agree to freeze or cap the amount of the revenue deficiency at specific levels.

e. Where an eligible telecommunications carrier provides Tel-assistance Service by means of resale of an incumbent local exchange carriers retail service, the Commission shall allocate the revenue deficiency between the eligible telecommunications carrier physically providing the line serving the qualifying low-income consumer, and the eligible telecommunications carrier that provided the Tel-assistance Service at retail to the qualifying low-income consumer. The foregoing allocation shall be based on the wholesale resale discount applicable to such Tel-assistance Service.

10.6. Notice to customers.

a. All eligible telecommunications carriers shall advertise the availability of and rate for Tel-assistance Service throughout the service territory in which they have been designated an eligible telecommunications carrier.

b. All eligible telecommunications carriers shall adopt policies for providing notice to their customers of the availability and advantages of the Tel-assistance program.

c. As part of the annual certification required of the Commission under 47 C.F.R 54.313 and 54.314, all eligible telecommunications carriers shall report to the Commission their actions to: (1) advertise the availability of and rates for Tel-assistance Service, and (2) to provide notice to customers of the availability and advantages of the Tel-assistance program.

10.7. Additional federal Lifeline Service provided by eligible telecommunications carriers.

a. In order to qualify for federal Lifeline assistance, an eligible telecommunications carrier shall offer, pursuant to tariff, the same Lifeline service, and at the same rates, to all customers who would qualify for Tel-assistance Service. To receive federal Lifeline support, eligible telecommunications carriers must also file a tariff demonstrating compliance with all additional qualifications for Lifeline support established in the applicable Federal Communications Commission regulations.

b. Unless otherwise authorized by state law, revenue deficiencies associated with providing federal Lifeline Service described in 150CSR6-10.7.a. shall not be recoverable through Commission certification to the West Virginia Department of Taxation and Revenue of such shortfall. Additionally, the amount of federal Lifeline support received by an eligible telecommunications carrier shall be reported to the Commission in the carriers application for recovery of revenue deficiencies and shall be deducted from the calculation of such revenue deficiency.

c. In order to increase the amount of federal Lifeline assistance it receives, an eligible telecommunications carrier may, pursuant to tariff, modify its Tel-assistance offering and the offering described in 150CSR6-10.7.a., to increase the benefit to eligible subscribers: Provided, that additional revenue losses incurred pursuant to such action shall not be certified to the West Virginia Department of Taxation and Revenue for purposes of recovery by the eligible telecommunications carrier of revenue deficiencies, except as provided in 150CSR6-10.7.b.

W. Va. Code R. § 150-6-11 Payphones

11.1. Registration Requirement.

a. Each payphone service provider (PSP) that provides public telephone service from more than three (3) noncontiguous locations in West Virginia shall register with the Commission. Registration shall be accomplished by completing and submitting to the Commission Form P.S.C. W. Va. 11-1. Any and all changes in the information provided on Form P.S.C. W. Va. 11-1 shall be reported to the Commission within thirty (30) days of the change.

11.2. Rates and Charges.

a. There shall be no charge for calls made to 9-1-1 or to 0 type operator service.

b. There shall be no charge for uncompleted calls.

c. There shall be no charge for calls to telephone company operators for dialing instructions or rate information.

d. There shall be no charge for access to Telecommunications Relay Service.

11.3. Operational and Maintenance Requirements.

a. All payphones shall comply with generally accepted telecommunications industry standards, Commission rules and regulations, applicable local ordinances and the current National Electric Code and National Electrical Safety Code.

b. Payphones shall be maintained and operated in accordance with generally accepted telecommunications industry standards, Commission rules and regulations, applicable local ordinances and the current National Electric Code and National Electrical Safety Code.

c. Payphones shall be hearing aid compatible, as defined by the Federal Communications Commission.

d. Payphones shall allow calling via Telecommunications Relay Service.

e. Each payphone shall be connected to the serving facilities by means of its own dedicated, non-switched voice grade (or better) landline circuit, or by means of functionally equivalent wireless facilities which provide (at least) the same grade of service as do voice grade landline facilities. Where a payphone is connected to the public telephone network by means of wireless facilities, the following shall be prominently posted, in capital letters, on the payphone instrument: This telephone uses a wireless radio signal which may be subject to electronic eavesdropping.

f. Coin-accepting payphones shall automatically return unused coins, but need not provide change for over-payment due to use of coins of greater denomination than required: Provided, that payphones shall prominently display a toll-free number where full refund, credit or reimbursement from the payphone service provider can be obtained in event of over-payment.

g. Payphones shall be capable of receiving incoming calls and shall be equipped with working ringers or equivalent audible signaling devices, unless the payphone is conspicuously marked as being unable to receive incoming calls.

h. Payphones shall provide access to all interexchange carriers that provide service in the exchange in which the payphone is located.

i. Payphones shall be equipped with tone signaling.

j. Payphone instruments shall be registered with the Federal Communications Commission pursuant to 47 CFR Part 68, or appropriate superseding regulations.

k. Payphones shall fully participate in the Enhanced 9-1-1 program when the payphone is located in a service area covered by an Enhanced 9-1-1 system.

l. Each payphone, except those used primarily by inmates of prisons, jails, etc., or those payphones where other alternative public services are readily available or for good cause shown, shall allow free access, without the need to insert a coin or to use any other payment method, to:

1. 0- Operator;

2. 9-1-1;

3. A payphone service provider employee authorized to handle customer complaints; and 4. 800" or other toll free numbers.

m. Calls to 9-1-1, unless the payphone (where allowed by Commission rules or order) does not permit such calls, shall automatically route to the 9-1-1 center serving the payphone location. If the payphone location is not served by a 9-1-1 center, allowed calls to 9-1-1 shall route to a 0- type operator as specified in 150CSR6-11.3.o.

n. A non-payphone extension telephone station may be connected to a payphone line if, for each such extension telephone station, adequate circuitry is employed at all times in conjunction with the extension such that the extension may not be used to listed to payphone conversations or to in any way interrupt a payphone call in progress.

o. 0- calls shall be immediately routed to a live operator fully capable of timely and adequately routing emergency calls made from the payphones location.

11.4. Information to be Displayed on Payphones.

a. The following information shall be conspicuously and clearly displayed on the front of each payphone:

1. Operating instructions, including how to place toll calls, when toll calling is allowed, over the facilities of the interexchange carrier serving the payphones location and how to access local Directory assistance (except inmate payphones which need not allow access to local Directory assistance).

2. Rates for local calling and directions regarding how to use the payphone to obtain, without charge, other applicable rate information.

3. The party to contact and the toll-free telephone number to use for refunds and service complaints.

4. The payphone service providers name, address and telephone number.

5. The location of the payphone.

6. The name of the interexchange carrier to which the payphone is presubscribed.

b. If the local calling area of the payphone is smaller than the local calling area of the exchange in which the payphone is located, the payphone shall clearly, completely and in full view of the payphone user, identify the extent of the payphones local calling area.

11.5. Violations and Penalties.

Payphone service providers that provide service not in accordance with any of the Commissions rules and regulations shall be subject to the penalties imposed by state law or Commission rules and regulations.

W. Va. Code R. § 150-6-12 Intrastate use of automatic dialing and announcing devices

12.1. Local exchange carriers shall require that users of automatic dialing and announcing devices (ADADs) at all times meet each and every one of the following requirements.

a. ADADs may not be used between the hours of 9:00 p.m. and 9:00 a.m.

b. No ADAD may be used for purposes of telephone solicitation unless the ADAD user has previously registered with the Commission as an ADAD user.

c. ADAD telephone solicitation messages must contain a preamble identifying the ADAD user, giving the ADAD user's telephone number and address, stating the purpose of the call and informing the called party that he or she is listening to a prerecorded message.

d. ADADs must automatically release the called party's line within five (5) seconds of the time the ADAD receives notification that the called party has terminated the call in order to allow the called party's line to be used to make or receive other calls.

e. ADADs must be programmed to skip emergency numbers, pager numbers, mobile numbers, cellular numbers, unlisted numbers, non-published numbers, toll-free numbers and direct-inward-dial numbers.

f. ADADs must, wherever such service is available, use measured rate telephone service.

12.2. Local exchange carriers shall take reasonable steps to identify ADAD users who are not in full and strict compliance with 150CSR6-12.1.a. through 12.1.f. When any violation of any portion of 150CSR6-12.1.a. through 12.1.f. is discovered by a serving local exchange carrier or brought to its attention, the service used by the offending ADAD equipment shall be discontinued after all Commission requirements regarding service discontinuation are met, until the user of the ADAD equipment can demonstrate that it shall be in compliance with the rule or rules violated. Any initial violation of 150CSR6-12.1.a. shall result in a warning being issued to the offender. Any subsequent violation shall result in termination of service for thirty (30) continuous days.

12.3. Any suspected violation of any portion of 150CSR6-12.1.a. through 12.1.f. shall be immediately reported to the Telecommunications Section of the Commission's Utilities Division.

W. Va. Code R. § 150-6-13 Provision of operator services

13.1. Responsibilities of Operator Service Providers.

a. Operator service providers shall require their customers (aggregators) to prominently note, on or near telephone sets in guest rooms, dormitories, hospital rooms, etc., and on public and semi-public telephone sets, the following information:

1. Name, address and toll-free telephone number of the operator service provider providing "0+" service to the associated telephone line.

2. Notification that other operator service providers may be used by dialing their carrier access code.

3. Complaint procedures and methods for requesting refunds.

4. Emergency calling information.

5. Dialing instructions for obtaining rate information.

6. Amount of surcharge, if any, imposed by the aggregator.

This requirement shall also be in effect for guest room, dormitory, hospital room, public, semi-public, etc., telephone sets owned by operator service providers.

b. Operator service provider operators shall, upon request and without charge, provide rate information to callers.

c. Operator service providers shall, upon request and without charge, instruct callers who wish to use another carrier to disconnect and dial the preferred carrier's designated access code. If an operator service provider transfers a caller to his or her preferred carrier, such transfer shall not cause the originating billing point to become anything other than the actual telephone exchange from which the caller is calling.

d. Operator service providers shall clearly identify themselves to the callers in sufficient time to enable callers to discontinue their attempt to complete a call without charge, whether the calls are handled on a manual or mechanized basis.

e. Operator service providers shall require, by contract, that their subscribers not block access to local exchange carriers, interexchange carriers or other operator service providers. In the event that an operator service provider believes that blocking at a particular subscriber location is required to prevent fraudulent use of its facilities, the operator service provider can request a waiver from the Commission to permit blocking at that location. Such request will be considered on a location-by-location basis, and will be granted only for such time as is required to eliminate the technical or other problems which make fraudulent use possible. Any waiver request should be limited to a specific location and should include detailed information concerning the location, the number of telephones involved, the serving operator service provider, the volume of operator service calls originating from that location in the most recent month for which data is available, the amount of commissions paid for the traffic, the type of customer premise equipment (CPE) used at the location, the changes required to unblock the equipment, the anticipated cost of unblocking, and the time period that is expected to elapse before unblocking will occur. If a waiver is granted because CPE lacks blocking capability, the waiver will be limited to that particular CPE and that particular location.

f. There shall be no charge for any uncompleted call.

g. Operator service provider operators shall take service complaints from callers and promptly forward the complaints to the appropriate operator service provider personnel for timely resolution. Operator service providers shall have a toll-free telephone number which users may utilize, twenty-four (24) hours daily, to voice complaints and make inquiries. Operator service providers shall retain billing data for each call for a minimum of one-hundred eighty (180) days from the date the call is made.

h. Bills for operator service provider calls shall be sent to the callers or to their designees within sixty (60) calendar days of the date the calls are made.

i. Each local exchange carrier shall arrange for provision of full-time emergency call routing service to every access line originating in its serving area. Such service may be provided in a telephone exchange by the local exchange carrier serving the exchange or by another operator service provider as designated by the local carrier serving the exchange.

j. Provision of emergency call routing service shall be subject to all of the following requirements:

1. The provider shall have a complete and current list of all emergency service telephone numbers for each telephone exchange for which emergency call routing service is offered. These lists shall include, but need not be limited to, the following types of emergency services inasmuch as these services are available:

A. Local Police;

B. Fire;

C. Ambulance;

D. Rescue;

E. Sheriff;

F. State police;

G. Poison control; and H. Bomb squad.

2. The caller shall not be charged for the routing of an emergency call to the appropriate emergency service provider.

3. The operator service provider operator shall stay on the call until such time that the operator determines that the caller has been connected to the proper emergency services provider and that the operator is not needed for further assistance, such as providing the callers location.

4. The service shall be provided on a full-time basis.

5. Emergency calls made to an operator service provider on a "0-" basis shall be immediately and directly routed to the appropriate emergency service provider or to the appropriate 9-1-1 public safety answering point. Such emergency calls shall not be rerouted to another operator service provider nor shall the operator service provider advise the caller that the caller should hang up and try another calling method to obtain aid.

k. An operator service provider shall not receive "0-" calls from a telephone line unless that operator service provider has the capability of providing emergency call routing service for that telephone line's service location.

l. When a caller seeks to charge a call on a telephone company credit card identifiable as other than that issued by the operator service provider, the caller shall be informed that the operator service provider's rates will apply.

m. Full toll call detail billing shall not be required for operator service provider bills issued by entities other than regulated telephone utilities.

n. No operator service provider shall be allowed to bill a caller for any surcharges levied by the business establishment providing the telephone over which the operator services provider was contacted. Only tariffed charges shall be billed by the operator service provider or the operator service provider's billing entity.

o. Fraud Prevention.

1. An operator service provider may not bill an aggregator for calls which originated from the aggregator's line through the use of access codes (e.g., 10XXX+; 10XXX+01; 950-XXX) or toll-free prefixes (e.g., 1+800, 1+888), or when the call originating from that line otherwise reached an operator position, if the originating line subscribed to outgoing call screening and the call was placed after the effective date of the outgoing call screening order.

2. An operator service provider may not bill a call aggregator for any charges for collect or third number billed calls, if the line to which the call was billed was subscribed to incoming call screening and the call was placed after the effective date of the call screening service order.

3. Any calls billed through the local exchange carrier in violation of 150CSR6-13.1.o.1 and 13.1.o.2. must be removed from the call aggregator's bill by the local exchange carrier upon identification. If investigation by the local exchange carrier determines that the pertinent call screening was operational when the call was made, the local exchange carrier may return the charges for the call to the operator service provider as not billable.

4. Any call billed directly by an operator services provider, or through a billing method other than the local exchange carrier, which is billed in violation of 150CSR6-13.1.o.1 and 13.1.o.2., must be removed from the call aggregator's bill. The telecommunications company providing the service may request an investigation by the local exchange carrier. If the local exchange carrier, after investigation, determines that call screening was subscribed to by the call aggregator, but was not operational at the time the call was placed, the operator service provider shall bill the local exchange carrier for the call.

p. Operator service providers shall have the ability to perform line busy verification and call-in-progress interruption services or shall, upon request for such service and without charge to the caller, transfer the caller to an operator service provider who can perform such services.

W. Va. Code R. § 150-6-14 Certification requirements applicable to all intrastate telecommunications carriers

14.1. Certificate Filing Fees.

a. There shall be due a non-refundable filing fee of three hundred dollars ($300), or such other amount that the Commission may establish in the future, upon the filing of an application for a certificate of convenience and necessity by any individual or entity seeking authority to provide intrastate telecommunications service in the State of West Virginia.

b. Applications for certificates of convenience and necessity seeking authority to provide intrastate telecommunications services that are not accompanied by the appropriate filing fee will not be accepted by the Commission until such time as the appropriate fee is remitted.

c. The filing fee for applications for a certificate of convenience and necessity seeking authority to provide intrastate telecommunications service shall be paid either in cash or by bank check made payable to The Public Service Commission of West Virginia.

14.2. Additional Requirements Applicable to Local Exchange Carriers.

a. No telecommunications carrier may provide local exchange telecommunications service within the state without first obtaining a certificate of public convenience and necessity from the Commission.

1. All carriers wishing to provide local exchange telecommunications service within the state are required to file with the Commission an original and twelve (12) copies of an application for a certificate of public convenience and necessity. Such application shall contain all the information and exhibits required in 150CSR6-14-2.b.

2. Each applicant shall publish notice of the application for a certificate of public convenience and necessity to provide local exchange telecommunications service in accordance with W. Va Code 24-2-11. In addition, notice of the filing of an application for a certificate of public convenience and necessity to provide local exchange telecommunications service shall be provided by the applicant, at the time of the filing, to each Commission-certificated local exchange carrier that has requested, in writing, copies of such filings. Notice of the filing shall also be provided to such other entities as may be required by the Commission.

b. The application for a certificate of public convenience and necessity required by this section shall include the following information:

1. The applicants business structure (e.g., corporation, general partnership, limited liability company).

2. The names, addresses, telephone and telefacsimile numbers, and e-mail addresses of the principals of the applicant and the applicants contact for regulatory matters in the state.

3. A description of the facilities to be constructed by the applicant, if any.

4. A description of the services the applicant intends to provide, including the geographic areas in which the applicant intends to provide service.

5. A statement by the applicant, certifying that the applicant has knowledge of, and is willing to comply with, all applicable Commission rules and regulations: Provided, that such certification shall also state that the applicant is willing to:

A. Fully, timely and completely participate in the reasonable provision of access to emergency services, including, where appropriate, full interface with and support of 9-1-1 and Enhanced 9-1-1 services; and B. Comply with the requirements set forth in Section 251(f) of the Telecommunications Act of 1996 before offering service in any area served by an RTC.

6. An illustrative tariff, setting forth the terms, conditions, rates, charges and regulations pursuant to which the applicant proposes to provide regulated telecommunications service, including:

A. An accurate description of the services the applicant intends to offer;

B. A statement of the terms and conditions of such service offerings;

C. A statement setting forth the rates and charges for such service offerings;

D. A description of the geographic areas the applicant proposes to serve, by exchange; and E. A statement explaining customers rights and responsibilities.

7. A demonstration of the applicants financial and managerial ability to provide the services for which a certificate is sought.

8. A demonstration of the applicants technical ability to provide service in a manner that will be consistent with the standards of service quality required by the Commission including, but not limited to, assurance that the connectivity of the applicants network to other carriers will not impair the statewide public switched network.

9. A statement that the applicant will participate, to the extent it may be required to do so by the Commission, in mechanisms providing for the support of universally available telephone service at affordable rates.

c. Except as provided for in 150CSR6-15.6., the Commission shall grant an application for a certificate of public convenience and necessity to provide local exchange telecommunications services if it finds that granting the application is in the public interest and is otherwise consistent with the requirements of these rules and all applicable federal and state statutes.

d. A certificated local exchange carrier shall not offer local exchange telecommunications service to the public unless and until it has filed for, and received, Commission approval of a tariff governing the terms, conditions, rates, charges and regulations pursuant to which it will provide such service.

1. A certificated local exchange carriers proposed local exchange telecommunications service tariffs shall be filed with the Commission at least thirty (30) days prior to the date the carrier intends to commence providing local exchange telecommunications service, and shall contain the information set forth in 150CSR6-14.2.b.6.A. through E.

e. A certificated local exchange carrier shall not offer local exchange telecommunications service to the public unless and until it has filed for, and received, Commission approval of an agreement with each incumbent local exchange carrier that serves the areas that the carrier intends to serve, setting forth the terms, conditions, rates, charges and regulations for interconnection, resold service or network elements, as set forth in Section 251 of the Telecommunications Act of 1996 and applicable Federal Communications Commission regulations.

14.3. Suspension or Revocation of a Certificate.

a. Excessive subscriber complaints against a carrier shall be a basis for suspension or revocation of the carriers certificate of public convenience and necessity if, after hearing, the Commission determines that such complaints are meritorious.

b. The Commission may suspend or revoke the carriers certificate of public convenience and necessity for such other grounds as the Commission may determine, after hearing, warrant suspension or revocation of the carriers certificate.

c. In all proceedings, the Commission shall give the carrier notice of the allegations against it and afford the carrier an opportunity to be heard concerning those allegations, prior to suspension or revocation of the carriers certificate or other formal action. The burden of persuasion to establish that adequate service has been, and is being, provided rests with the carrier.

14.4. Ubiquitous Provision of Service.

a. Resold Telecommunications Service.

Where an applicant seeks a certificate of public convenience and necessity to provide local exchange telecommunications service to a class, or classes, of customers through resale only, or through a combination of resold service and facilities-based service, any certificate granted by the Commission shall require the applicant to provide, upon request, telecommunications services to all such class, or classes, of customers in the incumbent local exchange carriers exchange in which the applicant intends to offer such service. Provided, however, that, where an applicant proposes to provide service within an area served by an incumbent rural telephone company, compliance with this subsection does not create any presumption regarding the findings required to designate an eligible telecommunications carrier pursuant to Section 214 of the Telecommunications Act of 1996.

b. Facilities-Based Telecommunications Service.

1. Where an applicant seeks a certificate of public convenience and necessity to provide facilities-based local exchange telecommunications services only, the applicant shall not be required to provide either resold or facilities-based telecommunications services to any particular customer, or class or classes or customers, in the incumbent local exchange carriers exchange in which the applicant intends to offer such service.

2. Notwithstanding the provisions of 150CSR6-14.4.b.1., nothing in this subsection shall affect the obligations of incumbent local exchange carriers to offer telecommunications services to all customers within an exchange served by the incumbent carrier.

14.5. Regulation of Certificated Local Exchange Carriers.

Nothing in these rules alters a certificated telecommunications carriers status as a public utility subject to regulation under Chapter 24 of the West Virginia Code.

W. Va. Code R. § 150-6-15 Interconnection

15.1. General Requirements.

a. All local exchange carriers shall:

1. Not prohibit, nor impose unreasonable or unduly discriminatory conditions or limitations on the resale of the carriers telecommunications services.

2. Provide, to the extent technically feasible, number portability consistent with national standards and with requirements prescribed by the Commission, which shall include the establishment of fair and equitable number portability cost recovery mechanisms.

3. Provide dialing parity to competing local exchange carriers and providers of toll telephone service.

4. Permit all competing local exchange carriers and providers of toll telephone service to have nondiscriminatory access to telephone numbers, operator service, Directory assistance and Directory listings, with no unreasonable dialing delays.

5. Afford competing providers of telecommunications services reasonable access to the poles, ducts, conduits and rights-of-way of such local exchange carrier, on rates, terms and conditions that are consistent with federal requirements.

6. Establish reciprocal compensation arrangements for the transport and termination of local telecommunications traffic.

7. Comply with all applicable Commission rules and regulations regarding the provision of Directory assistance service.

8. Not provide intrastate service to any interexchange carrier or any local exchange carrier until after the interexchange carrier or local exchange carrier provides information demonstrating that such carrier is properly certificated by the Commission to provide such telecommunications service.

15.2. Additional Requirements for Incumbent Local Exchange Carriers.

Subject to the requirements contained in 150CSR6-15.5.c., all incumbent local exchange carriers shall comply with the requirements set forth in this subsection.

a. Each incumbent local exchange carrier shall provide for interconnection between the facilities and equipment of any requesting telecommunications carrier and the incumbents network:

1. For the transmission and routing of telephone exchange service and exchange access;

2. At any technically feasible point within the incumbents network;

3. That is at least equal in quality to that provided by the incumbent to itself or to any subsidiary, affiliate, or any other party to which the incumbent provides interconnection; and 4. On rates, terms, and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the carriers interconnection agreement and the requirements of 150CSR6-15.2. and 15.4.a.

b. Each incumbent local exchange carrier shall provide, to any requesting telecommunications carrier, nondiscriminatory access to network elements on an unbundled basis, at any technically feasible point, on rates, terms and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the carriers interconnection agreement and the requirements of 150CSR6-15.2. and 15.4.a. To the extent allowed by Commission order or federal law, an incumbent local exchange carrier shall provide such unbundled network elements in a manner that allows requesting carriers to combine such elements in order to provide telecommunications service.

c. Each incumbent local exchange carrier shall offer for resale, at wholesale rates, any telecommunications service that the incumbent provides, at retail, to subscribers who are not telecommunications carriers. Each incumbent local exchange carrier shall not prohibit, nor impose unreasonable or discriminatory conditions or limitations on, the resale of such telecommunications service: Provided, however, that the incumbent may prohibit a reseller that obtains at wholesale rates a telecommunications service that is available at retail only to a category of subscribers from offering such service to a different category of subscribers.

d. Each incumbent local exchange carrier shall provide reasonable public notice of changes in the information necessary for the transmission and routing of services using that incumbents facilities or networks, as well as of any other changes that would affect the interoperability of those facilities or networks.

e. Each incumbent local exchange carrier shall provide, on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, for physical collocation of equipment necessary for interconnection or access to unbundled network elements at the premises of the incumbent. Provided, however, that the incumbent may provide for virtual collocation where the incumbent demonstrates to the Commission that physical collocation is not practical for technical reasons or because of space limitations.

15.3. Good Faith Negotiations.

a. Any telecommunications carrier may request interconnection with an incumbent local exchange carrier in accordance with Sections 251(b) and 251(c) of the Telecommunications Act of 1996. A telecommunications carrier requesting interconnection with an incumbent local exchange carrier must have first obtained, or applied for, a certificate of public convenience and necessity to provide local exchange telecommunications services within the state, pursuant to 150CSR6-14.1.: Provided, that such a certificate is required by the Commission.

b. Within fifteen (15) days after receipt of a bona fide request from a telecommunications carrier, the incumbent local exchange carrier and the requesting carrier shall enter into good faith negotiations seeking to establish the reasonable rates, terms and conditions for such interconnection.

c. Any agreement reached between an incumbent local exchange carrier and a requesting carrier shall not unreasonably discriminate against a similarly situated telecommunications carrier not a party to the agreement, and such agreement shall be based on rates, terms and conditions that are just and reasonable.

d. The negotiating parties shall follow the procedures set forth in 150CSR6-15.4.a. In the event that the parties are unable to negotiate rates, terms and conditions for interconnection, either party may seek compulsory arbitration by the Commission by filing a petition that complies with the requirements of 150CSR6-15.5.

e. Nothing in this subsection shall preclude the modification of the requirements contained in this subsection upon mutual agreement of the negotiating parties.

15.4. Procedures for Negotiations.

a. The refusal of any carrier to participate further in the negotiation of an interconnection agreement, or to continue to negotiate in good faith in the presence, or with the assistance, of the Commission, shall be considered to constitute a failure to negotiate in good faith.

1. Any party negotiating an interconnection agreement under this subsection may, at any point in the negotiations, ask the Commission to participate in the negotiations and to mediate any differences arising in the course of negotiations.

2. Within thirty (30) days after the completion of negotiations, the negotiating parties shall file with the Commission a schedule of itemized charges and conditions for the service, setting forth the facilities or functions provided for under the agreement.

b. A bona fide request for the resale of an incumbent local exchange carriers services shall include the following information:

1. A description of the services or network features the requesting telecommunications carrier wishes to use.

2. A description of the geographic coverage areas in which the services are to be accessible or are to provide access.

3. A description of the switching locations involved.

c. A bona fide request for unbundled network elements shall include the following information:

1. A description of the technical and functional characteristics of the requested elements.

2. A description of the geographic coverage areas in which the elements are to be accessible or are to provide access.

3. A description of the desired serving addresses, switching locations and NXX codes involved.

d. Once the informational obligations have been met, the incumbent local exchange carrier shall provide a written response to the requesting telecommunications carrier, within thirty (30) days, as to whether or not the request will be met, or whether and what further information is needed to respond to the request. If further information is needed, the requesting telecommunications carrier is entitled to refuse to provide any information that it considers competitively sensitive.

15.5. Procedures for Compulsory Arbitration.

a. The Commission shall establish the rates, terms and conditions of interconnection between an incumbent local exchange carrier and a requesting telecommunications carrier only upon the filing of a petition requesting arbitration under this subsection.

b. A petition filed pursuant to this subsection shall be filed by one of the negotiating parties no sooner than the 135th day, and no later than the 160th day, inclusive, after the date the incumbent received the bona fide request described in 150CSR6-15.2. and 15.4.

c. In resolving by arbitration any open issues and imposing conditions upon the parties to the agreement, the Commission shall:

1. Establish any rates for interconnection, services, or unbundled network elements according to the pricing standards contained in this subsection.

2. Provide a schedule for implementation of the terms and conditions by the parties to the agreement.

d. Determinations by the Commission of the just and reasonable rates for interconnection, services, or unbundled network elements:

1. Shall be based on a cost methodology consistent with the Telecommunications Act of 1996 and any applicable Federal Communications Commission regulations promulgated thereunder;

2. Shall be nondiscriminatory; and 3. May include a reasonable profit.

e. Determinations by the Commission for the transport and termination of local telecommunications traffic shall not consider the terms and conditions for reciprocal compensation to be just and reasonable unless:

1. Such terms and conditions provide for the mutual and reciprocal recovery by each party to the agreement of costs associated with the transport and termination on each carriers network facilities of calls that originate on the network facilities of the other carrier.

2. Such terms and conditions determine such costs on the basis of a reasonable approximation of the additional costs of terminating such calls.

3. These standards shall not be construed:

A. To preclude arrangements that afford the mutual recovery of costs through the offsetting of reciprocal obligations, including arrangements that waive mutual recovery (such as bill-and-keep arrangements); or B. To prevent the Commission from engaging in any rate regulation proceeding to establish, with particularity, the additional costs of transporting or terminating calls, or to require carriers to maintain records with respect to the additional costs of such calls.

f. Determinations by the Commission for wholesale prices for resold services shall be based on the retail rates charged to subscribers for the telecommunications service requested, excluding the portion thereof attributable to any marketing, billing, collection, and other costs that will be avoided by the incumbent local exchange carrier.

g. A petition for compulsory arbitration filed with the Commission must comply with the requirements of this subdivision. Each petition shall include each of the following:

1. The names, addresses, telephone and telefacsimile numbers, and email addresses of the representatives of the parties involved in the negotiations.

2. A definitive list of the open issues for which arbitration is requested.

3. The positions of each of the parties to the negotiations with respect to those issues submitted for arbitration.

4. A demonstration by the petitioning telecommunications carrier, based on the specific facts and circumstances, that:

A. The negotiations entered into were not conducted in good faith;

B. The rates, terms and conditions upon which the desired interconnection arrangement was offered or requested were unjust, unreasonable or unreasonably discriminated against telecommunications carriers not party to the agreement;

C. The interconnection sought was or was not technically and economically feasible; or D. Any other demonstration that refusal to offer the requested interconnection would or would not serve the public interest.

5. A certification made by an authorized representative or officer of the petitioning telecommunications carrier that the allegations set forth within the petition are true and accurate to the best of that persons knowledge and belief.

6. A certification that the petition was served upon all other parties to the negotiations and is otherwise in compliance with the Commissions rules for service of papers upon parties.

h. Response to Petition.

1. Within twenty-five (25) days of the filing of a petition pursuant to 150CSR6-15.5.g., the non-petitioning parties to the negotiations may file a response admitting or denying, in whole or part, the allegations set forth in the petition.

2. The response may include affirmative demonstrations that the allegations set forth in the petition are in error, or that a finding in favor or the petitioner would not serve the public interest.

3. The response shall include a certification, made by an authorized representative or officer of the responding telecommunications carrier, that the information set forth within the response is true and accurate to the best of that persons knowledge and belief.

4. The response shall also include a certification that the response was served upon all other parties to the negotiations and is otherwise in compliance with the Commissions rules for service of papers upon parties.

i. Commission Action on Petitions for Arbitration.

1. The Commission shall limit its consideration of any petition and of any response to the issues set forth in the petition and in any response to that petition.

2. The Commission may require any party to provide additional information related to the issues raised by the petition or any response. The Commission may institute reasonable procedures in order to develop the record necessary to resolve the petition. The Commission shall make every effort to utilize procedures that minimize the imposition of economic and administrative burdens on the parties and the Commission.

3. The Commission shall resolve each issue set forth in the petition and any response, by imposing appropriate conditions, as required to implement 150CSR6-15.5.d., upon the parties to the agreement, and shall conclude the resolution of any unresolved issues not later than nine (9) months after the date on which the incumbent local exchange carrier received the request under this section.

j. Rights of Third Persons.

1. The rights of third persons to intervene in arbitration proceedings before the Commission under this subsection shall be limited.

2. Only the Consumer Advocate Division of the Commission shall be entitled to intervene in such arbitration proceedings, provided that an appropriate petition to intervene is filed no later than fourteen (14) days following the date the petition requesting Commission arbitration was filed.

3. Commission Staff shall be considered a party to any compulsory arbitration proceeding.

4. Third persons may petition the Commission to be allowed to participate, on a limited basis, in a compulsory arbitration proceeding. Such petition shall be filed with the Commission no later than fourteen (14) days following the date the petition requesting Commission arbitration was filed. Such petition shall state with specificity the grounds upon which limited participation is sought. If the Commission grants a petition to participate, such participation shall be limited as follows:

A. The petitioner shall not present pre-filed testimony.

B. The petitioner shall not present any witnesses.

C. The petitioner shall not conduct cross-examination of witnesses presented by the parties.

D. The petitioner may file pre-hearing and post-hearing statements regarding the parties positions and the parties compliance with Section 251 of the Telecommunications Act of 1996 or, in the event the parties waive a hearing, the petitioner may file such statements on the dates established by the Commission for the parties to pre-file testimony.

E. The petitioner shall not file exceptions or petitions for reconsideration of the Commissions decision.

k. Approval of Agreements.

1. Any interconnection agreement adopted by negotiation or arbitration shall be submitted to the Commission for approval. The Commission shall approve or reject the agreement, with written findings as to any deficiencies.

2. The Commission may only reject an agreement, or any portion thereof, adopted by negotiation if the Commission finds that:

A. The agreement, or portion thereof, discriminates against a telecommunications carrier not a party to the agreement; or B. The implementation of such agreement, or portion thereof, is not consistent with the public interest, convenience, and necessity.

3. The Commission may only reject an agreement, or any portion thereof, adopted by arbitration if the Commission finds that the agreement does not meet the requirements of this subdivision, or the pricing standards set forth in 150CSR6-15.5.d.

4. If the Commission does not act to approve or reject an agreement, or any portion thereof, adopted by negotiation within ninety (90) days after submission by the parties, the agreement shall be deemed approved.

5. If the Commission does not act to approve or reject an agreement, or any portion thereof, adopted by arbitration within thirty (30) days after submission by the parties, the agreement shall be deemed approved.

l. Filing Required.

1. The Commission shall make a copy of each interconnection agreement approved by the Commission, and any Bell operating company statement of generally available terms and conditions filed pursuant to Section 252(f) of the Telecommunications Act of 1996 and approved by the Commission, available for public inspection and copying within ten (10) days after the agreement or statement is approved.

2. A local exchange carrier shall make available any interconnection, service, or network element provided under an agreement approved by the Commission under 150CSR6-15.5.k., to which it is a party, to any other requesting telecommunications carrier upon the same terms and conditions provided for in the agreement.

15.6. Exemptions, Suspension and Modifications for Rural Telephone Companies.

a. Exemption of Rural Telephone Companies.

The requirements of 150CSR6-15.2. and 15.3. shall not apply to a rural telephone company until such time as the conditions set forth in Section 251(f) of the Telecommunications Act of 1996 have been satisfied.

b. Termination of Rural Telephone Company Exemption.

1. A party making a bona fide request to a rural telephone company for interconnection, service, or network elements, shall submit to the Commission a notice of its request within ten (10) days after delivering its request to such rural telephone company.

2. Upon receipt of notice of a bona fide request for interconnection, service, or network elements, to a rural telephone company. the Commission shall conduct an inquiry for the purpose of determining whether to terminate the rural telephone companys exemption.

3. The Commission shall terminate the rural telephone companys exemption within one-hundred twenty (120) days following receipt of the notice of request if the Commission determines that the request is not unduly economically burdensome, is technically feasible, and is consistent with Section 254 of the Telecommunications Act of 1996, excluding subsections (b)(7) and (c)(1)(D) thereof.

4. Upon termination of any rural telephone companys exemption, the Commission shall establish an implementation schedule for compliance with the request that is consistent in time and manner with the Commissions rules and regulations.

c. Limitation on Exemption.

The exemption for a rural telephone company shall not apply to a request, under 150CSR6-15.2. and 15.3., from a cable operator providing video programming and seeking to provide any telecommunications service in the area in which the rural telephone company provides video programming. This limitation does not apply to a rural telephone company that was providing video programming on February 8, 1996.

d. Suspensions and Modifications for Rural Local Exchange Carriers.

1. A local exchange carrier with fewer than two percent (2%) of the Nations subscriber lines installed in the aggregate Nationwide may petition the Commission for a suspension or modification of any requirement of 150CSR6-15.1., 15.2., or 15.3. to telephone exchange service facilities specified in such petition.

2. The Commission shall grant such petition to the extent that, and for such duration as, the Commission determines that such suspension or modification:

A. Is necessary:

1. To avoid a significant adverse economic impact on users of telecommunications services generally;

2. To avoid imposing a requirement that is unduly economically burdensome; or B. Is consistent with the public interest, convenience and necessity.

3. The Commission shall act upon any petition for a suspension or modification within one-hundred eighty (180) days after receiving the petition. The Commission may suspend enforcement of the requirements to which the petition applies, with respect to the petitioner, pending a final Commission order.

ED. NOTE: All forms are available from the P.S.C.

P.S.C. W. Va. FORM 11-1 PAYPHONE SERVICE PROVIDER REGISTRATION 1. Provider Name: ________________________________________ Address of Principal Place of Business: ________________________________________ Telephone Number: ()___________________________ Telefax Number: ()___________________________ E-mail Address: ____________________________________________ 2. Provide the following information to be used for processing of complaints or refund requests, if different from above:

Address: _______________________________________________ Telephone Number: ()___________________________ Telefax Number: ()___________________________ E-mail Address: ___________________________________________ 3. Provide the following information to be used for Commission-regulatory matters, if different from above:

Name and Title: ___________________________________________ Address: ______________________________________________ Telephone Number: ()____________________________ Telefax Number: (____)________________________________ E-mail Address: __________________________________________ P.S.C. W. Va. FORM 11-1 Page 2 of 2 CERTIFICATION County of: _____________ State of: _____________ I certify that I have read Section 11 of the Public Service Commission of West Virginias Rules for the Government of Telephone Utilities and that I will comply with all of the requirements of that Section.

Signature Signers Typed Name and Title Date ______________________________ Notary FOR COMMISSION USE:

PSP ID NUMBER: _________________________

P.S.C. FORM NO. T-1

SERVICE STANDARDS

COMPANY ___________________ REPORT PERIOD _____________________

OBJECTIVE ACTUAL

ITEM RANGE PERFORMANCE

Station Installations, % Completed Within 5 Working Days 90% or more Service Commitments, % Commitments Met 90% or more (150CSR6-6.2.b.)

Held Orders over 30 Calendar Days (150CSR6-6.c.1.)

Operator Assistance Requests, % Within 10 Seconds (150CSR6-6.3.b.) 85% or more Dial-Tone, or Functional Equivalent, % Within 3 Seconds (150CSR6-6.4.a.1.) 98% or more Satisfactory Transmission Quality 99% or more of test (150CSR6-6.4.a.2.) or sampled calls Satisfactory Call Completion 99% or more of test (150CSR6-6.a.3.) or sampled calls P.S.C. W. VA. FORM NO. 14-T Attachment A Page 1 of 2 (Insert Company Name Here)

NOTICE OF SCHEDULED TERMINATION

OF SERVICE AND CUSTOMER RIGHTS

We have scheduled your service, provided at , (address) for termination on or after .

(date)

This action has been taken for the following reason(s): (Include reason and facts resulting in decision to terminate service).

If your service is terminated you may be subject to additional charges involving reconnect fees and deposit requirements in order to restore service.

YOU HAVE THE RIGHT TO CHALLENGE THE TERMINATION IF YOU BELIEVE ANY OF THE FOLLOWING CONDITIONS APPLY TO YOU:

1. Any portion of the bill is in dispute 2. You are being charged for service not received 3. The information above is incorrect 4. You are able to pay only in installments If the reason for your challenge is 1, 2, or 3 above, you will have to pay any amount not in dispute. If the reason for your challenge is 4, we will attempt to negotiate a deferred payment plan with you.

YOU MUST NOTIFY US BEFORE THE DATE OF TERMINATION IN ORDER TO PROTECT YOUR RIGHTS UNDER THIS RULE:

(Provide instructions for contacting the appropriate utility personnel by telephone and mail, including business hours)

IF YOU ARE NOT SATISFIED WITH OUR DECISION AT THIS MEETING, YOU WILL HAVE SEVEN DAYS IN WHICH TO FILE AN APPEAL WITH THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA. You will be required to pay your current bill while the appeal is pending. There is no charge associated with filing an appeal and you may do so without the assistance of an attorney.

P.S.C. W. Va. FORM NO. 14-T Attachment A Page 2 of 2 To file an appeal with the PSC, you may call this toll free telephone number, 1-800-642-8544, or write to this address:

Utility Appeal Public Service Commission of West Virginia P.O. Box 812 Charleston, West Virginia 25323 If you are in need of assistance to pay your bill you should contact the following agencies: (List agencies in service area).

If you desire the assistance of a lawyer with regard to the scheduled termination and are unable to pay for legal counsel, contact one of the following low income legal assistance organizations: (List agencies in service area).

Series 07 Rules for the Government of Water Utilities

W. Va. Code R. § 150-7-1 General

1.1. Scope. -- These rules govern the operation and service of water utilities subject to the jurisdiction of the Public Service Commission pursuant to W. Va. Code §24-2-1.

1.2. Authority. -- W. Va. Code §§24-1-1, 24-1-7, 24-2-1, 24-2-1r, 24-2-2, and 24-2H-1.

1.3. Filing Date. -- January 9, 2025

1.4. Effective Date. -- March 10, 2025

1.5. General.

1.5.1. These rules replace rules that went into effect on March 25, 2023.

1.5.2. These rules are intended to ensure adequate service to the public, to provide standards for uniform and fair charges and requirements by the utilities and customers, and to establish the rights and responsibilities of utilities and customers.

1.5.3. Adoption of these rules in no way precludes the Commission from altering or amending them in whole or in part, or from requiring any other or additional service, equipment, facility, or standard either upon complaint or upon its own motion, or upon the application of any utility.

1.5.4. These rules shall not relieve in any way a utility from any of its duties under the laws of this State.

W. Va. Code R. § 150-7-2 Application of rules

2.1. These rules apply to all public utilities as defined in Water Rule 3.

2.1.1. If hardship results from the application of any Water Rule or if unusual difficulty is involved in immediately complying with any rule, application may be made to the Commission for the modification of the rule or for temporary or permanent exemption from its provisions: Provided, that no application for modification or exemption will be considered by the Commission unless there is submitted therewith a full and complete justification for such action.

W. Va. Code R. § 150-7-3 Definitions

3.1. “Alternate main extension” – Any Commission-approved extension of the utility’s mains to serve new customers that does not follow the general main extension provisions that are provided for under Rules 7.4.1 through 7.4.8.f.

3.2. “Applicant” -- A person, firm, corporation, municipality, public service district or any other entity that applies for water service.

3.3. AWWA -- Means the American Water Works Association.

3.4. "AWWA M17" -- The fifth edition of the “Manual of Water Supply Practices, Fire Hydrants: Installation, Field Testing, and Maintenance” published by the American Water Works Association and, unless the Commission modifies this definition, no preceding or subsequent edition. The edition of AWWA M17 defined herein shall remain in effect for the purposes of these rules unless amended in the future by the Commission.

3.5. Billing Related Dates.

3.5.1. “Bill due date” -- The date when the utility mails the bill.

3.5.2. “Latest pay date” -- The last date that the bill may be paid without incurring a late payment penalty. The last date shall be no sooner than the 20th day following the date the utility mails the bill and must be stated on the face of the bill.

3.5.3. “Delinquent bill” -- Any bill issued by a public service district or a municipal system that has not been paid within twenty (20) days of the bill due date; or any bill issued by a water utility that is not a public service district or a municipal system within thirty (30) days of the bill due date. The date that a bill will become delinquent must be stated on the face of the bill.

3.6. “Commercial Service” -- Service to each separate business enterprise, occupation or institution occupying for its exclusive use any unit or units of space as an entire building, entire floor, suite of rooms or a single room, and using water for such incidental use as the schedule of rates applicable to the particular installation may permit. Commercial service shall apply to all stores, offices, hotels, wholesale houses, garages, display windows, signs, theaters, barber and beauty shops, churches, opera houses, auditoriums, lodge halls, school houses, banks, bakeries and any other space occupied for commercial purposes. Any rooming house, lodging house, resort, inn or tavern renting more than four (4) rooms to strangers or transients without any previous agreement for accommodation or as to the duration of stay shall be classed as a hotel and as such it comes under the commercial classification.

3.7. “Commission” -- Whenever in these rules the words “Commission” or “Public Service Commission” occur, such word or words shall, unless a different intent clearly appears from the context, be taken to mean the Public Service Commission of West Virginia.

3.8. “Customer” -- Any person, firm, corporation, municipality, public service district or any other entity who/that purchases a product or services from any utility including any such person, firm, corporation, municipality, public service district or any other entity who purchases such services or product for resale.

3.9. “Customer’s Service Pipe” -- That portion of the service pipe from the point of service to the structure or premises supplied.

3.10. “Distribution Main” -- Water pipe owned, operated, or maintained by the utility which is used for the purpose of distribution of water from which utility service pipes extend to make service connections with customers at the point of service.

3.11. “Fire Flow” -- The flow rate of water in gallons-per-minute (gpm) at a residual pressure of twenty pounds-per-square-inch (20 psi) that is available for firefighting. The fire flow may be a measured or calculated value based on flow testing. Fire flow shall be used to mark (color code) fire hydrants pursuant to these rules.

3.12. “Flow Hydrant(s)” -- The hydrant or group of hydrants being flowed during the flow test.

3.13. “Governmental Unit” -- Any municipality or other political sub-division or agency of the State of West Virginia or the Federal Government.

3.14. “Moratorium” -- A condition imposed on a utility by the Commission prohibiting service connections and/or reactivation of service for an entire system, or a portion thereof.

3.15. “NFPA” -- means the National Fire Protection Association.

3.16. “NFPA 291” -- The 2022 edition of the "Recommended Practice for Water Flow Testing and Marking of Hydrants" published by the National Fire Protection Association and, unless the Commission modifies this definition, no preceding or subsequent edition. The edition of NFPA 291 defined herein shall remain in effect for the purposes of these rules unless amended in the future by the Commission.

3.17. “Out-of-Service Hydrant” -- any public fire hydrant that is inoperable, damaged or otherwise unserviceable. Out-of-service hydrants must be marked pursuant to Water Rule 12.10 and W. Va. Code § 8-19-2.

3.18. “Payment” -- Payment is made by any legal form of payment, including vouchers, that the utility accepts.

3.19. “Point of service” -- The point at which the utility’s pipe and appurtenances connect the utility service pipe with the inlet connection of a customer’s service pipe at or near the customer’s property line, or elsewhere if provided for in a user’s agreement. The utility shall own and maintain all facilities located between the point of service and the main.

3.20. “Private Fire Service Connection” -- Is one to which is attached fixtures from which water is taken in whole or in part for the extinguishment of fire.

3.21. “Public Fire Hydrant” -- A fire hydrant owned by a water utility regulated by the Commission. Sub-standard hydrants and Out-of-Service hydrants are considered public fire hydrants under these rules.

3.22. “Public Utility” -- Except where a different meaning clearly appears from the context, the word or words “utility” or “public utility” when used in these rules shall include any person or persons, or association of persons, however associated, whether incorporated or not, including municipalities, engaged in the business of producing, furnishing, transporting, distributing or selling water for any purpose which is now or may hereafter be held to be a public service.

3.23. “Residual Pressure” -- For the purposes of these rules, residual pressure means the pressure (psi) that exists in the water distribution system at the time that flow readings are taken during a flow test.

3.23.1. For flow tests designed to determine the flow from a single hydrant the static and residual pressures shall be measured at that hydrant. In this type of flow test the flow hydrant also serves as the static and residual hydrant.

3.23.2. For flow tests designed to evaluate the overall water supply capacity in a given area or, when the flow test utilizes multiple flowing hydrants, the static and residual pressures should be measured at a residual pressure hydrant located nearby and on the same main or within the same hydraulic zone as the flowing hydrant or hydrants.

3.24. “Residual Pressure Hydrant” -- the hydrant that is used to measure static and residual pressures during a flow test.

3.25. “Residential Service” -- Service to a householder or a tenant, living in a separate house or separate apartment in an apartment building, using water for general household service. If an owner of a multiple apartment building undertakes to furnish water to tenants as a part of the tenants’ monthly rent, then such service shall be classed as “Commercial.” However, a close branch of a householder’s family living with the householder and using the same water facilities shall not be classified as an additional service or as “Commercial.” In cases where a householder or tenant devotes some portion of the occupied building to commercial use and uses the remainder as a residence then the predominate use of water shall constitute the basis for classification as either residential or commercial.

3.26. “Standard Distribution Pressure” -- The distribution pressure established by the utility under the requirements of Water Rule 7.8.

3.27. “Static Pressure” -- For the purposes of these rules, static pressure means the pressure (psi) that exists within a water distribution system under normal conditions, with no hydrants flowing.

3.28. “Sub-standard hydrant” -- any public fire hydrant that, when flow-tested, provides a fire flow of less than 250 gpm. Sub-standard hydrants are established as a special class of hydrants, designated as “Class S”, by these rules and are subject to specific marking requirements contained in Water Rule 12.10. Sub-standard hydrants cannot be relied upon to deliver adequate flow for firefighting purposes. However, their availability may offer limited benefits to public safety and/or operational benefits to a water system.

3.29. “Temporary Service Connection” -- A connection installed for the temporary use of water provided that the customer’s premises is located on a lot having a curb line abutting a street or public right-of-way in which is located a utility distribution main extending along the total frontage of the lot on said street or right-of-way, unless otherwise agreed to by the utility.

3.30. “Water Losses” -- The volume of water introduced into the distribution system less all metered usage and all known non-metered usage which can be estimated with reasonable accuracy.

3.31. “Utility Service Pipe” -- That portion of the service pipe between the distribution main and the curb cock or the inlet connection of the coppersetter at or near the customer’s property line or point of service regardless of the side of the road on which the customer is located in reference to the main line.

3.32. Where terms are not specifically defined by these rules they should be defined using their ordinarily accepted meanings within the context in which they are used.

W. Va. Code R. § 150-7-4 Records, Reports and Other Information to be Supplied to the Commission

4.1. Records and reports.

4.1.1. Preservation of records. -- All records required by these rules shall be preserved by the utility in the manner prescribed by the Commission.

4.1.2. Location of records.

4.1.2.a. Required records shall be kept at the office(s) of the utility in West Virginia, and shall be available during the utility’s regular business hours for examination by the Commission or its duly authorized representative.

4.1.2.b. If kept outside the State, records shall be brought to the utility’s office in West Virginia upon request of the Commission, or the utility may be required to pay the reasonable traveling expenses of Commission employees assigned to examine the records.

4.1.3. Reports to Commission. -- Upon Commission request, a utility shall furnish to the Commission the results of any test or tests required to be made, or the information contained in any records required to be kept by the utility, or any further information in its possession, respecting its rates, charges, or practices, without formal order of the Commission requiring the release of such information.

4.2. Filing of rate schedules.

4.2.1. Tariffs containing rates and rules of each utility shall be filed in the manner prescribed by the Commission in “Rules and Regulations for the Construction and Filing of Tariffs” 150 C.S.R. 2 (Tariff Rules) effective as amended or modified by the Commission.

4.2.2. Municipal rates. -- Rates for municipal water and combined water and sewer utilities shall be adopted, and tariffs shall be filed, in accordance with the Commission’s Tariff Rules, effective as amended or modified by the Commission.

4.3. Utility’s special rules.

4.3.1. A utility desiring to establish any rule(s) supplementing the rules of the Commission shall first make application to the Commission for authority to establish such a rule(s), clearly stating the reasons for the rule(s).

4.3.2. On and after ninety (90) days from the effective date of these Rules, any utility’s special rules and regulations now on file with the Commission which conflict with these rules, will become null and void, unless they have been refiled after the effective date of these rules and approved by the Commission.

4.3.3. Exemption. -- A customer who has complied with the rules of the Commission shall not be denied service for failure to comply with the rules of the utility that have not been approved by the Commission.

4.4. Financial and statistical report.

4.4.1. Every utility shall file annually a financial and statistical report with the Commission. The report shall be based upon the accounts set up in conformity with Water Rule 4.5. The report shall be filed on or before three (3) months following the end of the utility’s fiscal year or on such date as the Commission may direct. The form requirement will be specified in the annual letter sent by the Commission to utilities. The report shall be filed utilizing the form template and filing instructions that can be found on the Commission website.

4.4.2. Upon written request and for good cause shown, the Commission may approve or disapprove, through its Executive Secretary, by letter, a reasonable extension of time to file the financial and statistical report. A utility shall apply for an extension before the expiration of the time for filing the report.

4.5. Uniform system of accounts.

4.5.1. All water utilities shall maintain all accounts and records in compliance with the Uniform System of Accounts as promulgated in 1996 by the National Association of Regulatory Utility Commissioners for Class A, B, and C Water Utilities.

4.5.2. All persons having direct charge of the books and accounts of the utility must observe the system of accounts applicable to the water utility by appropriate class. For the purpose of securing uniformity in the applications of this system all questions of doubtful interpretation of accounting rules are to be submitted to the Commission for consideration and decision.

4.5.3. The classification of water utilities for purposes of keeping accounts in accordance with the Uniform System of Accounts shall be as follows:

Classification Revenue Level A $1,000,000 or more B $200,000 - $999,999 C less than $200,000

4.6. Maps and records.

4.6.1. Each utility shall keep on file suitable maps, plans and records showing the entire layout of every pumping station, filter plant, reservoir, transmission and distribution system, with the location, size and capacity of each plant, size of each transmission and distribution line, fire hydrant, valve and customer’s service, reservoirs, tanks and other facilities used in the production and delivery of water.

4.6.2. In the case of new construction or property acquired from others, a utility shall reflect the changes in the maps and records by the end of the next calendar year following the year the construction is done or property acquired. All drawings shall have the scale clearly shown and be of sufficient detail to accurately depict the project or property.

4.6.3. In general, where present maps of existing facilities are not entirely up to date, special surveys to locate any plant or facilities will not be required immediately, but maps must be updated as prescribed by the Commission.

4.7. Management audits.

4.7.1. Scope. -- To establish a procedure for examination of management practices and policies to determine whether the utility being audited is operating with efficiency and utilizing sound management practices. The purpose of a management audit is to disclose operating areas that are efficient or inefficient, to identify areas for improvement, and to form recommendations for changes. The results of a management audit and the response of the utility to the recommendations and implementation plans developed pursuant to a management audit may be a factor in determining just and reasonable rates, as set out herein.

4.7.2. Types of management audits. -- The following types of management audit, which vary in scope, may be directed and used by the Commission:

4.7.2.a. Comprehensive. -- An investigation characterized by an extensive, detailed analysis of a utility’s management and operations.

4.7.2.b. Reconnaissance. -- A broad review, similar in scope to a comprehensive audit, but in less detail. The objective of this type of audit is to identify specific areas for more intensive investigation based upon the magnitude of the problem identified or the potential benefits to be derived.

4.7.2.c. Focused. -- An in-depth investigation of one or several specific areas of a utility’s management and operations.

4.7.3. Frequency. -- The Commission shall order a management audit of any utility under its jurisdiction whenever the Commission deems it necessary to investigate the operational efficiency of the utility. Such factors as the cost of the management audit and the potential benefits of such audit may be taken into consideration. The Commission may accept or request a management audit performed under the rules of another jurisdiction in satisfaction of this rule when that audit is of the scope contemplated by the Commission, conforms to the standards herein set forth and covers the utility’s service functions in its West Virginia jurisdiction.

4.7.4. Conduct and control.

4.7.4.a. The Commission may choose to have the audit performed by its Staff or contracted to a qualified outside auditing firm. In the latter case, the Commission may supervise the selection process. If the management audit is to be conducted by an auditing firm, the Commission’s order initiating the audit shall include provision for the development of the request for proposal (RFP), the consultant selection process and Staff’s assistance and supervision during the audit.

4.7.4.b. The Commission may impose eligibility restrictions upon contractors relating to past, current and post-audit relationships with the utility.

4.7.4.c. The utility is expected to cooperate to the fullest extent with the performer of a Commission ordered management audit. A responsible employee shall be appointed by the utility as its management audit coordinator, who shall be responsible to assist in the efficient performance of the management audit.

4.7.5. Costs. -- The audited utility is responsible to pay for a contracted audit. The Commission shall include the reasonable cost of conducting the contracted management audit in the cost of service of the utility. The Commission may allow such costs to be recovered in the utility’s next general rate case following completion of the audit, or the Commission may order such costs to be amortized over a reasonable period of years, considering the impact of these costs on both the utility and its customers.

4.7.6. Implementation of recommendations.

4.7.6.a. Draft report.

4.7.6.a.1. Upon completion of the audit the auditor will submit a draft report to the utility for comments.

4.7.6.a.2. The auditor and utility representatives shall conduct a draft review meeting subsequent to the distribution of the draft review report.

4.7.6.b. Final report.

4.7.6.b.1. The auditor will submit a final report to the Commission no later than thirty (30) days after the submission of the draft report to the utility.

4.7.6.b.2. Within thirty (30) days of the final submission of the management audit report, the utility shall file a document detailing its position on each audit recommendation. This document must state which recommendations are acceptable to the utility and the nature of the utility’s disagreement with any recommendations.

4.7.6.c. The Commission may, after hearing, issue an order prescribing the recommendations that should be adopted by the utility.

4.7.6.d. The utility shall file detailed implementation plans for Commission review and approval within the time specified in the Commission’s order prescribing the recommendations that the utility should adopt. The utility shall not deviate from an approved implementation plan without prior notice to the Commission that specifically states the utility’s reasons for departing from the approved plan. The utility shall obtain Commission approval prior to any deviation from the approved plan.

4.7.6.e. At the direction of the Commission, a follow-up audit may be performed to review the progress of the utility in implementing the approved plans and the results of previously performed management audits.

4.7.6.f. A management audit report, the resulting implementation plan and any follow-up audit may be used by parties in a general rate case subsequent to the management audit. Audits and implementation plans may be a factor in the determination of just and reasonable rates if introduced as an exhibit and subjected to normal due process procedures.

4.7.6.g. The Commission may grant an extension of the time limits established in this section upon a showing of good cause for such extension.

W. Va. Code R. § 150-7-5 Meter Requirements

5.1. Utility to provide meters. -- Unless otherwise authorized by the Commission, each utility shall provide and install at its own expense (except as provided in Water Rules 6.1.6.d. and 7.2.) and shall continue to own, maintain, and operate all equipment necessary for the regulation and measurement of water, in accordance with tariff or contract provisions, to its customers. Where a customer requests additional meters for the customer’s convenience and the utility furnishes additional meters, the utility may impose a charge. A utility will own and operate any meters used to serve a bulk or resale customer(s).

5.2. Location of meters.

5.2.1. Accessibility. -- In the interest of safety and convenience to the customer, and as a measure of economical operation to the utility, it is required that all meters should be located at or near the property line: provided that when such location is impractical meters shall be placed outside of the customer’s building as near as possible to where the “Point of Service” joins the “Customer’s Service Pipe”: provided, further, if neither of the foregoing requirements can be complied with on account of physical, economic, or climatic conditions, the meter may be placed within the building, preferably in the cellar, and when so placed within the building, the meter shall be so located that it will be easily accessible for reading, maintenance and protected from freezing and mechanical damage.

5.2.2. Meter grouping. -- When a number of meters are grouped, every meter shall be tagged so as to indicate the particular customer served by it.

5.2.3. Remote meters. -- When a meter is located inside a home or building, the utility may install a remote register or dial on the exterior of a home or building accessible for meter reading. The remote counter reading shall be compared to the actual meter register reading not less than once every six (6) months.

5.2.4. Meter setting installation. -- Meter settings shall be installed in accordance with drawings submitted and approved by the Commission under Water Rule 7.2.9.

5.3. Prohibitions on master metering.

5.3.1. Mobile home parks. -- For mobile home parks constructed on or after October 24, 2003, each mobile home in a mobile home park shall be individually metered with taps installed at the lot line of each mobile home. The lot owner shall be responsible for payment of any applicable tap fees. All utility easements and mains constructed within the mobile home park will become the property of the utility by agreement between the (i) owner of the mobile home park or the lot owner, whichever is applicable, and (ii) the utility. The agreement must be approved by order of the Commission prior to construction of any main. Lines extending from the mobile home to the tap will be considered customer service lines and maintenance of those lines will be the responsibility of the applicable lot owner.

W. Va. Code R. § 150-7-6 Customer Relations

6.1. Customer information.

6.1.1. Information as to service. -- Each utility shall, upon request, give its customers such information and assistance as is reasonable, in order that customers may enjoy safe and efficient service.

6.1.2. Explanation of meter readings. -- Each utility shall adopt some means of informing its customers as to the method of reading meters, either by a printed description on its bills, or by a notice to the effect that the method will be explained at the office of the utility upon request. It is recommended that an exhibition meter be kept on display in each sales office maintained by a utility.

6.1.3. Explanation of rates. -- It shall be the duty of the utility to explain to the customer at the beginning of service, or whenever the customer shall request the utility to do so, the utility’s rates applicable to the type of service furnished to the customer and all other classes of customers, and to assist the customer in obtaining the best rate for the customer’s service requirements. The responsibility for the selection, however, rests with the applicant. In the event the customer’s use of service changes such that a rate schedule other than the one initially selected becomes favorable, the responsibility for requesting a change in rate schedule, consistent with the provisions of the service agreement, shall rest with the customer. The utility shall, on its periodic statements, annually inform its customers that, if requested by the customer, the utility shall supply the customer with a copy of the utility’s rate or rates applicable to the type of service to be furnished to all classes of customers with a concise written explanation of the rates, and an identification of any classes of customer for whom rates are not summarized.

6.1.4. Posting of law, rates, rules and collection agents.

6.1.4.a. Every utility shall maintain in its office for inspection by the public the following:

6.1.4.a.1. A copy of the rates and rules of the utility, and of forms of contracts and applications applicable to the territory served from that office.

6.1.4.a.2. A copy of the Public Service Commission Law of this State.

6.1.4.a.3. A copy of these rules.

6.1.4.b. A utility shall exhibit a suitable placard, in large type in a conspicuous location, giving information to customers that the utility has a copy of the law, the rules of the Public Service Commission applicable to the utility and the schedules of rates available for customer inspection.

6.1.4.c. Once a year, or as often as a utility changes collection agents, each utility shall publicize by newspaper or bill insert to its customers its collection agents to whom customers may deliver payment of water bills.

6.1.5. Applications for water service.

6.1.5.a. All applicants desiring water service may be required to make written application at the office of the utility on printed forms provided therefor, setting forth in said application all purposes for which water will be used upon the applicant’s premises. The utility may require the applicant to provide identification at the time of application for service. All applicants for service are required to designate on every application for service whether the applicant is a tenant or an owner of the premises to be served. If the applicant is a tenant, the applicant shall state the name and address of the owner or owners of the premises to be served.

6.1.5.b. Any change in the identity of the contracting customer at a premises will require a new application for water, and the utility may, after reasonable notice, discontinue water service until such new application has been made and accepted, but the former customer shall remain liable for water furnished to said premises until the customer has given notice in writing to the utility to discontinue water service. In the event the customer of record has died or has become incapable of being responsible for water service, that individual’s spouse may become the customer of record without being required to complete a new application for water service, or paying a new deposit.

6.1.5.c. Except as provided in Water Rule 6.8.3.b., a utility will not charge to turn on water during regular working hours for a new customer or a current customer transferring service to a new location.

6.1.5.d. The utility’s approval of an application for water to be supplied to any premises shall constitute a right to the customer to take and receive a supply of water for said premises for the purposes specified in such application; (i.e. Residential, Commercial, and Industrial) subject only to the fulfillment of the conditions of these rules by the customer.

6.1.5.e. In the event that a public service district providing sewer service owns and operates facilities within the same service territory as the publicly or privately owned water utility, city, incorporated town, other municipal corporation or other public service district providing water service to the area, then an application shall not be complete until such time as the applicant provides a receipt from the sewer public service district showing that, where the applicant is legally required to do so, proper application for sewer service has been made and a security deposit paid thereto. Upon receipt of said proof from the applicant, or upon a showing that the applicant is not legally required to apply for sewer service or pay a security deposit, the water utility shall notify the sewer public service district, in writing, the date upon which water service is scheduled to be turned on to the applicant. Said written notification to the sewer public service district shall be made within five (5) days, excepting Saturdays, Sundays, and state or federal holidays, of the date that the application for water service is deemed complete.

6.1.6. Special applications to a utility for water service.

6.1.6.a. An applicant must specifically apply to the utility for water for building, construction or other temporary purposes.

6.1.6.b. An applicant must specifically apply to the utility for a connection for private fire service.

6.1.6.c. Where an applicant desires water for only a short period of time, and not continuously throughout the year, such as for vacation homes or cottages, building purposes, street paving, cleaning property, filling tanks or other short-term uses, an application shall be made to the utility as set forth in Water Rule 6.1.5., and payment made in accordance with the applicable schedule of rates and charges, in which case a suitable deposit shall be made.

6.1.6.d. Whenever a street service connection is made to the mains for temporary service or for temporary private fire service, the applicant shall bear the entire cost and expense of labor and material for tapping the main and installing the service pipe and meter and its removal, if required.

6.1.7. Private fire protection service.

6.1.7.a. The applicant shall furnish the utility with one set of complete drawings prior to the completion of the tap, showing the pipes, valves, hydrants, tanks, openings, and appurtenances contemplated in the application. Such sketch must also show any other water supply system, pipelines and appurtenances existing on the premises. There shall be no connection between such other supply and pipes connected to the utility’s mains unless protected by a backflow prevention device approved by the utility, or the Bureau for Public Health.

6.1.7.b. The utility shall not approve an application for private fire protection service unless the utility determines that its system provides an adequate size water main with sufficient water volume and pressure. Prior to the installation of a private fire protection system, a flow test shall be performed as required by the State Fire Code, specifically as described within the incorporated National Fire Protection Association (NFPA) Standard 291, to determine the water supply and pressure available in the utility’s water main. The private fire protection system shall be designed by the applicant based on the results of this flow test, with the understanding that the results of a particular test may not consistently be available on the utility’s system. The applicant shall be responsible for the cost of the flow test.

6.1.7.c. The customer shall obtain the approval of the utility in advance for any change, alteration or addition in the fixtures, openings and uses specified in the application. The customer shall make its fire protection facilities available to the utility at all reasonable times.

6.1.7.d. The utility shall determine the size and location of any connections made to its distribution mains for private fire protection service, and will, at the cost and expense of the customer, make the connection to its mains and install the service connection from the distribution main to a point at or near the property line.

6.1.7.e. The extent of the rights of the private fire protection service customer is to receive, but only at times of fire on his premises, the available water supply. The utility shall not be considered an insurer of property or persons, or to have undertaken to extinguish fire or to protect any persons or property against loss or damage by fire or otherwise, and shall be free and exempt from any and all claims for damages on account of injury to property or persons by reason of fire, water, failure to supply water or pressure, or for any other cause whatsoever.

6.1.7.f. Unless otherwise provided in a written agreement between the applicant and the utility, service lines for private fire protection service shall be distinct and separate from the regular or general water service line. A private fire service connection is furnished for the sole purpose of supplying water for the extinguishment of fires, and the use of water from such a connection for any other purpose is absolutely forbidden.

6.1.7.g. Where the applicant and the utility have entered into a written agreement that one service pipe be used for both general and fire purposes, the utility may set minimum construction standards and specifications for the applicant’s portion of the dual purpose service pipe, and may require that its construction be subject to inspection by the utility.

6.1.7.g.1. At the building to be served, the common service pipe shall separate into two service pipes, one for private fire protection and the other for general water service unless the private fire protection service is for a residential one- or two-family dwelling. Residential one- and two-family dwelling Life Safety fire sprinkler systems based on the State Fire Code, standard NFPA 13D may be provided through the general water service connection. The utility will, at its cost and expense, install and maintain a water meter of appropriate size on the general water service pipe and the necessary piping and fitting for the meter setting. All dual purpose service lines must comply with all applicable Bureau for Public Health standards and regulations.

6.1.7.g.2. The utility will charge the applicant for general water service based on the consumption through and size of the water meter installed, in accordance with its schedule of rates for general water service with the exception that a residential one- or two-family Life Safety fire service supplied through a residential service meter shall be provided with a one-inch meter and shall be charged based on the consumption through the meter. The minimum charge shall be based on a meter size no greater than the size of meter that would have otherwise been needed without residential fire service. It shall be understood that this increased meter size is due to the potential volume necessary for a residential Life Safety fire service and for no other purpose. The applicant shall be responsible for the additional cost of materials for the one-inch service over the service size that would have otherwise been needed without a residential fire service. Except as otherwise provided in this rule, the utility shall, subject to Commission approval, charge the applicant for private fire protection service in accordance with its schedule of rates for such service.

6.1.7.h. The customer shall furnish and install at the customer’s expense a gate valve and curb box, or a post indicator and gate valve controlling the entire supply at the curb or property line of the street in which the main is located or at such other points as may be approved by the utility. If required by the utility, the customer shall furnish and install at the customer’s expense the valve in a valve pit or vault.

6.1.7.i. The utility shall ensure that service lines supplying private fire protection systems are protected by a minimum of two approved check valves. One of these check valves may be the alarm check provided as part of the system. The other may be a detector check, double check valve assembly, or an approved single check valve. Specific requirements and/or installation procedures are governed by the Bureau for Public Health but the utility’s backflow prevention requirements shall be no more stringent than the minimum standards necessary to protect the utility’s main(s).

6.1.7.j. Under no circumstances will anti-freeze be permitted in the sprinkling systems unless a reduced pressure zone backflow preventer, approved by the utility or the Bureau for Public Health, is provided at the point of connection in the anti-freeze system.

6.1.7.k. The entire private fire service system on the customer’s premises shall be installed and maintained by and at the expense of customer and shall be subject to the inspection, test and approval of the utility before the service is made effective, and at such times thereafter as the utility deems necessary or appropriate.

6.1.7.l. The utility may seal hydrants and other fixtures connected with a private fire service system, and such seals may be broken only in case of fire or as specially permitted by the utility, and the customer shall immediately notify the utility of the breaking of any such seal.

6.1.7.m. Whenever a fire service system is to be tested, the customer shall notify the utility of the proposed test, designate the day and hour when same is to be made, so that, if desired, the utility may have an inspector present during the test.

6.1.8. Public fire service.

6.1.8.a. Any governmental unit located in the utility’s service area by ordinance of its Council or by resolution of its Board of County Commissioners shall have the right to order the installation of additional fire hydrants on existing utility owned mains having an internal diameter of six (6) inches or larger and the utility will install such hydrants at its own cost and expense; provided the estimated gross receipts from such proposed new fire hydrant rentals shall equal or exceed twelve percent (12%) annually of the cost of said installations.

6.1.8.b. Where pipeline installations are required to carry out an order of any governmental unit located in the utility’s service area to install fire hydrants, or where existing utility owned mains, in the opinion of the utility, are inadequate to provide fire flows to such hydrants, and when any governmental unit located in the utility’s service area orders the installation of a water main of adequate size to provide such flows to the hydrant or hydrants so ordered, the utility will install such mains and hydrants at its own cost and expense; provided that the utility shall not be required to make extensions of said water mains unless the estimated gross receipts from private consumers and from such proposed new public fire service fire hydrant rentals shall equal or exceed twelve percent (12%) annually of the cost of such mains and hydrants.

6.1.8.c. Non-emergency use of a fire hydrant is prohibited unless there has been made advance notification of such proposed use by the user to the utility, and the utility has provided prior written approval of such use to the user. The utility shall charge its tariff rate for domestic water usage for all non-emergency fire hydrant water usage.

6.2. Customer deposits.

6.2.1. Security deposits.

6.2.1.a. Security deposits for utilities other than public service districts. -- A utility, other than a public service district may require the applicant or customer to make a deposit with it initially, and from time to time, to secure the payment of water service rates and charges. Except for municipal water systems, such deposit shall not be more than one-twelfth (1/12) of the annual estimated charge for residential service or one-sixth (1/6) of the annual estimated charge for all other service. For a municipal water system only, the deposit shall not be more than either fifty dollars ($50) or two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class, whichever is greater. For combined water and sewer municipal systems the deposit shall not be more than either one hundred dollars ($100) or two-twelfths (2/12) of the average annual usage of the applicant’s specific customer class, whichever is greater. This provision must be included in the utility’s tariff filed with the Commission. The utility shall not be bound to supply water until these conditions are fulfilled and it may terminate water service if the security or increased security is not given when required. The utility shall have a reasonable time, not to exceed thirty (30) days, to read and remove meters and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund. This provision must be included in the utility’s tariff filed with the Commission.

6.2.1.b. Security deposits for public service districts. -- All new applicants for residential or other water service from a public service district shall make a deposit of (i) a minimum of fifty dollars ($50), or (ii) two-twelfths (2/12) of the average annual usage for the applicant’s specific customer class for water service, whichever is greater, with the district to secure the payment of water service rates and charges. For combined water and sewer public service districts such deposit shall not be more than either one hundred dollars ($100) or two-twelfths (2/12) of the average annual usage of water service and wastewater service for the applicant’s specific customer class, whichever is greater. The district shall not be bound to supply water until this condition is fulfilled. In any case where a deposit is forfeited to pay service rates and charges which were delinquent at the time of disconnection or termination of service, no reconnection or reinstatement of service may be made by the district until another deposit as described above has been remitted to the district. This provision must be included in the utility’s tariff filed with the Commission.

6.2.1.c. Return of deposit to customers. -- Except as otherwise provided in Water Rule 6.2.1.d., after a customer has paid bills for service for twelve (12) consecutive months without a delinquency the utility shall promptly and automatically refund the deposit plus accrued interest. Calculation of the above twelve (12) month period shall commence from the first regular payment or following the payment of a delinquent bill or bills. For a customer whose deposit remains with the utility at the time of the requested termination, any deposit plus interest held by the utility shall be credited against the final bill with the utility paying any remainder to the customer at the time of the final bill.

6.2.1.d. Return of deposit by public service districts and municipal systems only for a customer who is a tenant. -- By statute districts and municipal water systems are not required to return a deposit to a customer who is a tenant until the time the tenant discontinues service with the district or municipal system. After a customer who is a tenant discontinues service with the district or municipal system, the utility shall promptly and automatically refund the deposit plus accrued interest. The public service district or municipal system shall have a reasonable time, not to exceed thirty (30) days, to read and remove meters and to ascertain that the obligations of the customer have been fully performed before being required to return any deposit in the case where there has not been an automatic refund.

6.2.1.e. Interest paid on deposits will be established by the Commission by general order.

6.2.1.f. A current customer of a public service district or a municipal system who requests service at another location within the jurisdiction of the district and who has made payment of bills for the previous twelve (12) months without a delinquency is not required to pay a deposit for service at the new location because that customer is not a new applicant for service under W. Va. Code §§16-13A-9, 8-20-10 or 16-13-16. The preceding sentence shall not apply to multiple service locations. Multiple service locations shall require multiple deposits. In the event the customer of record has died or has become incapable of being responsible for water service, that individual’s spouse may become the customer of record without being required to complete a new application for water service, or paying a new deposit.

6.2.1.g. Record of deposit. -- Each utility holding a cash deposit shall keep a record showing: (i) the name and current address of each depositor; (ii) the amount and date of the deposit; (iii) each transaction concerning the deposit.

6.2.1.h. The receipt. -- Concurrently with receiving a cash deposit, the utility shall deliver to the applicant for service or the customer, a receipt showing: (i) the date thereof, (ii) the name of the applicant or customer and the address of the premises served or to be served, (iii) the service furnished or to be furnished, and (iv) the amount of the deposit and the fact that interest will be paid at a Commission determined rate. Each utility shall provide automatic means to refund the deposit of a customer, when he is so entitled, if the original receipt cannot be produced. A receipt of proof or payment will not be necessary under the provisions for an automatic refund.

6.2.1.i. Unclaimed deposits. -- The utility shall follow the provisions of the Uniform Unclaimed Property Act, codified at W. Va. Code §36-8-1, with regard to the disposition of any unclaimed deposit.

6.2.1.j. All utilities that collect security deposits must do so in a nondiscriminatory manner.

6.2.2. Guaranty agreement.

6.2.2.a. A utility, other than a public service district, may accept, in lieu of the cash deposit, a guaranty agreement signed by a financially responsible guarantor, whereby payment of a specified sum, not exceeding the cash deposit aforesaid, is guaranteed. The guarantor may, upon request, receive copies of disconnection notices sent to the customer whose account has been guaranteed: provided that the limitations herein fixed upon the terms of a guaranty agreement shall not apply to industrial customers.

6.2.2.b. A guaranty agreement shall terminate after the customer has satisfactorily paid bills for twelve (12) consecutive months, or when the customer gives notice to the utility of discontinuance of service at the location covered by the guaranty agreement, or six (6) months after discontinuance of service where no notice was given, or at the guarantor’s request upon thirty (30) days’ written notice to the utility. Upon termination of a guaranty agreement, or whenever the utility deems the same insufficient as to amount of surety, a cash deposit or a new or additional guaranty may be required upon reasonable written notice to the customer.

6.2.2.c. Application in case of receiver or trustee. -- The aforesaid provisions shall apply in the case of a receiver or trustee operating a business, under court order that requires utility service.

6.3. Billing information.

6.3.1. A utility shall render bills periodically. Each bill must show the readings of the meter at the beginning and end of the period for which the bill is rendered, the date of the meter readings, the number of cubic feet or gallons of water supplied, and the authorized rate. If the utility must, for any reason, render an estimated bill, the bill shall be clearly marked as an estimated bill. All bills shall state “This utility is regulated by the Public Service Commission of West Virginia” and “Rates available upon request.”

6.3.2. No adjustment will be required in billing when the deviation from the standard billing period is not more or less than five (5) days in the case of monthly billing, ten (10) days in the case of bi-monthly billing, and fifteen (15) days in the case of quarterly billing. When the deviation exceeds these limits, either for regular or periodic billing or for opening or closing bills, the water blocks and minimum charges shall be prorated on the basis of the ratio of the number of days in the period in question to the number of days included in the standard billing period, which will be taken at thirty (30) days for monthly billing, sixty (60) days for bi-monthly billing, and ninety (90) days for quarterly billing.

6.3.3. Utilities desiring to adopt mechanical billing of such nature as to render compliance with all the terms of Water Rule 6.3.2. impractical may make application to the Commission for relief from part of these terms. After consideration of the reasons given when asking for relief, the Commission may allow the omission of part of these requirements.

6.3.4. On all bills that include charges for items other than authorized water charges, the utility will clearly state other factors used in computing the bill so that the amount may be readily verified from the information appearing on the bill.

6.3.5. Each bill shall bear on its face the latest pay date and the date it shall be a delinquent bill if not paid. A utility may request a delayed payment penalty applicable to current usage billings not paid by the latest pay date, equal to ten percent (10%) of the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate. This provision must be included in the utility’s tariff filed with the Commission.

6.3.5.a. When a utility receives a customer payment at a time when both a delinquent bill and a current bill are outstanding, the utility will apply the payment first to the current bill, and apply any leftover amounts to the delinquency. Provided, that this rule shall not apply to payments from customers whose delinquencies have been addressed in a deferred payment agreement. If a termination notice has been issued then the payment should first be applied to the delinquent amount that is the subject of the termination notice.

6.4. Adjustment of bills.

6.4.1. Fast meters. -- If, upon test of any meter, the utility finds that a meter has an average error of more than two percent (2%) fast, the utility shall refund to the customer the overcharge, based upon the corrected meter reading for a period equal to one-half (½) the time elapsed since the last previous test, but not to exceed six (6) months. If it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to but not beyond such date. If the meter has not been tested in accordance with subsection 8.4, the period for which it has been in service beyond the regular test period shall be added to the six (6) months in computing the refund.

6.4.2. Dead meters. -- If a utility finds that a meter is not registering, or that remote metering equipment has failed, for any period, the utility shall compute the water used by taking the average of the water used for the meter-reading period preceding and the meter-reading period following the date when the meter was found to be dead, which amount shall be assumed to be the amount of water used by the customer during the billing period in which the meter was found dead. Exceptions will be made to this rule in case the facts clearly show that the above method does not give the correct consumption for the period. A utility may backbill the customer for the difference between the amount previously billed and the customer’s estimated usage for a maximum of three (3) months preceding the date the dead meter is repaired or replaced. The utility should fix or replace dead or malfunctioning meters within thirty (30) days of the utility’s discovery that a meter is dead or malfunctioning.

6.4.3. Leaks on the customer’s side of the meter.

6.4.3.a. Each utility shall implement a written leak adjustment policy consistent with this rule. Where the bill reflects unusual usage in excess of 200% of the customer’s historical usage that can be attributed to leakage on the customer’s side of the meter the utility will adjust the bill. The policy shall be maintained in the utility’s office for inspection by the public and shall be applied in a non-discriminatory manner to all customers. The policy shall be filed with the Commission as a part of the utility’s tariff. The reasonableness of the utility’s policy shall be subject to approval by the Commission and the reasonableness of the utility’s practice with respect to implementing a policy shall be subject to Commission review in a formal complaint proceeding.

6.4.3.b. The recalculated bill shall reflect the utility’s incremental cost of treating or purchasing the water, as contained in the utility’s tariff, for all amounts above 200% of the customer’s historic usage. Historic usage shall be defined as the average usage of the preceding twelve (12) months, or actual period of service if less than twelve (12) months. If using the historic usage would result in an unreasonable calculation, adjustments may be made. If such adjustments are made, the utility should advise its customer that a dispute regarding such adjustments may be taken to the Commission in the form of an informal complaint.

6.4.3.c. As an alternative to using the incremental cost of treating or purchasing the water, the utility may, at its option, use an adjustment that allows it to recover the Commission’s estimate of “typical incremental” cost per thousand gallons of water on usage above the historic usage. The Commission shall from time to time establish its estimate of “typical incremental cost” by order.

6.4.3.d. In rate cases the Commission will determine the utility’s incremental cost of treating or purchasing the water and require that the utility include the rate in an appropriate tariff as the leak adjustment rate. After the Commission approves a rate in a rate case, the utility shall not have the option to use the Commission’s estimate of “typical incremental cost” found in Water Rule 6.4.3.c.

6.4.3.e. The water utility shall, after determining that a leak adjustment must be made, notify the sewer utility of the amount of the adjustment in gallons and the reason for making the adjustment.

6.5. Complaints.

6.5.1. Investigation of complaints. -- Each utility shall make a full and prompt investigation of all complaints made to it by its customers, either directly or through the Commission. In the event that the complaint is not adjusted, the utility shall notify the customer that he may file an informal or formal complaint with the Commission.

6.5.2. Records of complaints. -- The utility shall keep a record of all complaints received, which record shall show the name and address of the complainant, the date and character of the complaint, and the adjustment or disposal made thereof.

6.5.3. Disposition of records. -- Records of complaints shall not be destroyed until a summary has been prepared for permanent record, showing the character of complaints made, the number of each type received in each month, and the disposition of the complaints.

6.6. Disputed bills.

6.6.1. In the event of a dispute between the customer and the utility respecting any bill, the utility shall conduct an investigation and report the result thereof to the customer. In the event that the complaint is not resolved, the utility shall, before service is discontinued, notify the customer of the customer’s right to file an informal or formal complaint with the Commission.

6.7. Customer discontinuance of service.

6.7.1. Any customer requesting service to be discontinued shall give notice thereof to the utility, during regular business hours. Unless a different period shall be mutually agreed upon by written contract, the utility will discontinue service by the end of the next business day. Until the utility receives notice, the customer may be held responsible for all service rendered.

6.8. Utility discontinuance of service.

6.8.1. Notice of discontinuance.

6.8.1.a. The utility may not discontinue service sooner than ten (10) days following the date that a utility has mailed to a customer written notice of scheduled termination of service, in compliance with Water Form No. 1 attached to these rules. Where written notice is required the utility must send the notice by first class mail, address service requested. The written notice shall become void if the utility has not discontinued service within thirty (30) days of the date indicated on the notice.

6.8.1.b. Where (1) conditions hazardous to life or property are found to exist on the customer’s premises, (2) the utility’s regulating, measuring or distribution equipment or facilities have been tampered with, or (3) the customer’s premises have been condemned through a condemnation proceeding under the laws of this state, the water may be shut off without notice in advance.

6.8.1.c. Prior to disconnecting water service for non-payment of a water, a stormwater, or a sewer bill, a utility is required to make at least two (2) attempts to notify the customer through personal contact unless it can be reasonably established that the premises are not permanently inhabited. For the purposes of this rule, personal contact includes both face-to-face meetings and telephone calls.

6.8.1.c.1. When the water service is being terminated for non-payment of a water bill, the two (2) attempts to notify by personal contact shall be made on two (2) separate business days at least twenty-four (24) hours prior to the scheduled termination unless it is reasonably established that the premises are not permanently inhabited. The inability to make personal contact shall not prevent the water utility from terminating service.

6.8.1.c.2. When water service is being terminated for non-payment of a sewer or stormwater bill, the sewer utility, the municipality or public service district owning the stormwater system, or the water utility is required to make two (2) attempts to notify by personal contact on two (2) separate business days at least twenty-four (24) hours prior to the scheduled termination unless it can be reasonably established that the premises are not permanently inhabited. The inability to make personal contact shall not prevent the water utility from terminating service.

6.8.1.d. Service shall not be discontinued on a Saturday, Sunday, any day that is a federal or state holiday, a day on which the utility’s business office is not open to accept payment, or on the day before such days, unless an emergency exists.

6.8.1.e. All disconnections shall be performed between the hours of 8 a.m. and 4 p.m.

6.8.1.f. The utility may, but is not required to, accept payment at the customer’s premises in lieu of discontinuing service for either a delinquent water or sewer bill.

6.8.1.g. If a customer has received notice of a scheduled termination, and, to avoid such termination, makes payment by check which is subsequently dishonored by the bank, the utility may then terminate service only after it has mailed notice, by first class mail, to the customer at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to termination; provided that at the option of the utility, in lieu of mailing the notice, the utility may contact the customer either in person or by telephone. For purposes of this rule, if the utility elects to contact the customer either in person or by telephone, an attempt to contact shall not be considered sufficient -- actual contact must be made.

6.8.1.h. If a landlord of a single-unit dwelling or a master-metered mobile home park, apartment building, motel, hotel or other multiple or single-unit dwelling is responsible for payment of a utility bill, written notice of termination in the form of Water Form No. 2 shall be placed at a location readily available for public inspection on the premises at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to the scheduled termination of service to that mobile home park, apartment building, motel, hotel or other multiple or single-unit dwelling. If the billing address for any single unit service is different than the service location, a written notice in the form of Water Form No. 2 shall be delivered or posted at a visible location on the premises where the service is to be terminated at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to the scheduled termination. This notice shall inform the occupant(s) of the date on or after which termination of service will occur and shall state the steps the occupant(s) can take to avoid termination of service.

6.8.1.i. Deferred Payment Agreement. A water customer who has been notified that water service is to be terminated for non-payment of water bills shall be given the opportunity to enter into a deferred payment agreement: Provided, that the customer has demonstrated an ability to pay but only in installments. The customer shall be informed at the time a disconnect notice is issued of the availability of a reasonable payment plan.

6.8.1.i.1. The details of the deferred payment agreement are to be negotiated between the utility and the customer and may consider several factors, including, but not limited to the following: amount of the delinquency; ability of the customer to pay; payment history; time the delinquency has been outstanding; reasons why the delinquency has been outstanding; and any other relevant factors.

6.8.1.i.2. A standard deferred payment agreement will include a pay-off amount consisting of the delinquency balance in twelve monthly payments. If a residential customer desires a payment period that is shorter than twelve (12) months, the utility shall accept the shorter term. The deferred payment agreement shall include language informing the customer of the right to challenge the reasonableness of the proposed payments to the Commission.

6.8.1.i.3. During the challenge, the utility may not terminate service: provided that the current bill must be paid by the customer on time and in full in order to protect the customer’s rights under this rule.

6.8.1.i.4. Once a deferred payment agreement has been established, the customer must pay the current bill on time and in full and make timely payments in accordance with the deferred payment agreement.

6.8.1.i.5. If the customer’s financial condition significantly changes and the existing payment agreement results in hardship, the utility shall renegotiate the payment agreement, consistent with the provisions of Water Rule 6.8.1.i.1. The customer shall provide documentation in support of his claim that his financial condition has changed. During the renegotiation period the customer must continue to pay the current bill on time and in full and make some payment on the delinquency.

6.8.1.i.6. If the deferred payment is not received in accordance with the terms of the agreement or the payment is made with a check subsequently dishonored by the bank, the utility may terminate service only after it has mailed written notice, by first class mail, to the customer at least five (5) days, excluding Saturdays, Sundays, and state or federal holidays, prior to termination: provided that at the option of the utility, either personal contact or telephone contact with the customer may be substituted for contact by first class mail. If the customer makes the delinquent payment within that notice period, service shall not be terminated. However, if the customer has, during the previous twelve (12) months, attempted to make payment by a check which was subsequently dishonored by the bank the utility may refuse the customer’s check and immediately terminate service without additional notice.

6.8.1.j. In the case of a sewer utility requesting termination of water service for non-payment of sewer service, the sewer utility shall provide the customer written notice complying with Sewer Form No. 1, ten (10) days before the effective termination that the sewer utility will request termination of water service by the water utility if payment is not made in full or a payment schedule is not established as provided by Sewer Rule 6.8.2.i. The written notice must be sent first class mail, address service requested. This notice shall contain a provision notifying the customer that in the event water is terminated the customer will be responsible for and required to pay the fees charged to the sewer utility by the water utility.

6.8.1.k. A sewer utility requesting termination of water service for non-payment of sewer bills shall provide the water utility with a copy of the notice to the customer required by Sewer Rule 6.8.1.a.

6.8.1.l. A sewer utility will provide the water utility with a written request for termination of water service for non-payment at least twenty-four (24) hours before the end of the ten (10) day notice period to the customer.

6.8.1.m. If a utility proposes termination rules that differ from the Commission rules, those termination rules must be filed with the Commission as a request to modify the utility’s tariff.

6.8.2. Once a disconnected customer has paid his delinquency in full, or the utility has agreed to enter into a deferred payment agreement with the customer, and all disconnect and/or reconnect fees have been paid, the utility shall reconnect the customer’s water service as soon as possible but no later than twenty-four (24) hours from the time the customer pays all disconnect and reconnect fees.

6.8.3. Charge for reconnection.

6.8.3.a. Whenever the supply of water is turned off for violation of rules, non-payment of bills, or fraudulent use of water, the utility may make a charge as set forth in its tariff for reestablishment of service.

6.8.3.b. If service is discontinued at the request of the customer, the utility may refuse service to such customer, at the same premises, if requested within eight (8) months of the date service was discontinued, unless the customer shall first pay the reconnection charge set forth in the utility’s tariff.

6.8.4. The utility shall not refuse, deny, or discontinue service to an applicant or present customer due to a delinquency in payment for service by a previous occupant of the premises to be served unless such applicant or present customer and such previous occupant are members of the same household and were members of the same household at the time the delinquent bill was incurred.

6.8.5. Combined water and sewer public service districts. -- Any public service district providing water and sewer service to its customers shall have the right to terminate water service for delinquency in payment of either water or sewer bills; provided that proper notice is given and procedures followed as set out in these Rules.

6.8.6. Inter-utility Agreements regarding discontinuance of water service for non-payment of sewer bills.

6.8.6.a. In the event that any utility, (whether public, private, city, incorporated town, municipal corporation or public service district) owns and operates either water facilities or sewer facilities, and a separate utility owns and operates the other kind of facilities, either water or sewer, then the two utilities shall covenant and contract with each other to shut off and discontinue the supplying of water service for the non-payment of sewer service fees and charges; provided that proper notice is given and procedures are followed as set forth in Water Rules 6.8.1.a. through 6.8.1.m.

6.8.6.b. Municipal sewer. -- When sewer facilities are municipally owned and water facilities are not, the municipality providing sewer service may require the water utility to discontinue water service to any customer who is delinquent in the payment of sewer service rates and charges to the municipality. The water utility shall discontinue water service upon demand of the municipality for this purpose; however, prior to discontinuance of any water service, the municipality shall contract with the water utility which contract shall provide that the municipality shall reimburse the water utility for all costs and expenses incurred in both the termination of water service to the delinquent sewer customer and the subsequent resumption of water service to such customer. The contract shall provide for reasonable methods and assurances so that the water utility will be protected and held harmless from claims and damages when water service is discontinued in error or in violation of the rights of the customer through the fault of the municipal sewer utility.

6.8.6.c. The inter-utility agreement should contain specific provisions regarding responsibilities of notice of termination, termination, reconnection, and reasonable fees based on fair and reasonable compensation.

6.8.6.d. Any inter-utility agreements pursuant to Water Rule 6.8.6.b. shall be submitted to the Commission for approval prior to any termination of water service for non-payment of sewer bills under such agreements.

6.8.6.e. A water utility that has terminated or reconnected service for non-payment of sewer bills or that has made a visit to the customer’s premises to terminate service, may charge the sewer utility a fee pursuant to Water Rule 6.8.3. The sewer utility may include this charge in the billing to the delinquent customer; provided that such charge is included in the sewer utility’s approved tariff.

6.8.7. A sewer customer who has been notified that water service is to be terminated for non-payment of sewer bills shall be given the opportunity to enter into a deferred payment on the same terms and conditions set forth in Water Rule 6.8.1.j.

6.9. Refusal to serve applicant. -- The utility should design its application form to reflect the following:

6.9.1. Non-compliance with rules. -- Any utility may decline to serve an applicant until he has complied with these rules and the Commission approved utility’s rules set forth in a Commission approved tariff governing water service.

6.9.2. Applicant’s facilities inadequate. -- The utility may refuse to serve an applicant if, in its judgment, the applicant’s installation of piping equipment is regarded as hazardous or of such character that satisfactory service cannot be provided.

6.9.3. A bill which has been found to be contractually uncollectible by a court or could reasonably be found to be uncollectible by reason of an applicable statute of limitations shall not be used by a utility to deny or discontinue service.

6.9.4. Applicant’s recourse. -- In the event that the utility refuses to serve an applicant under the provisions of this rule, the utility must inform the applicant that the applicant may file a complaint with the Commission for decision.

6.9.5. In the case of the establishment of a new utility and/or extensions planned by an existing utility, where the utility has received applications for service and has accepted the tap-fee for same from the applicants, the utility will immediately upon receiving bids for such installation determine the feasibility of serving the areas in question and immediately advise the applicants. In the event an area is deemed infeasible to serve, the tap-fee deposit will be returned to the applicant immediately.

6.10. Change in character of service. -- When a utility makes a substantial change in water pressure, or other conditions affecting the efficiency of operation or adjustment of appliances, the utility shall inspect and readjust the appliances of all customers in the district affected, if necessary, without charge. Where circumstances require, the utility shall furnish and install suitable pressure regulating devices.

6.11. Access to property.

6.11.1. The utility shall at all reasonable times have access to meters, service connections and other property owned by it on customer’s premises, for the purpose of maintenance and operation. Neglect or refusal on the part of customers to provide reasonable access to meters, service connections and other property owned by the utility for the above purposes shall be deemed to be sufficient cause for discontinuance of service.

6.11.2. Identification for employees. -- Every employee, whose duties regularly require work on or near the property of a customer, shall wear a distinguishing uniform or insignia, identifying the person as an employee of the utility and shall carry an identification card which will identify the person as an employee of the utility, containing a photograph of said employee. The identification card shall contain the telephone number of the utility as well as other pertinent information necessary to identify the employee. All other employees, whose duties require occasional entry into the homes or premises of customers, shall carry an identification card containing information as herein required.

6.12. Service interruptions.

6.12.1. Records of interruptions. -- Each utility shall keep a record of all interruptions of service affecting its entire system or major divisions thereof, including a statement of the time, duration, and cause of the interruptions.

6.12.2. Notification to customer for scheduled interruptions. -- A utility will notify every affected customer in advance of contemplated work that will result in an interruption of service.

6.12.3. Curtailment or restriction service policy. -- Prior to putting any curtailment or restriction policy affecting customers into effect, a utility shall file its contemplated policy with the Commission and supply the following information:

6.12.3.a. Reason for curtailment or restriction of service.

6.12.3.b. Date curtailment or restriction policy requested to begin.

6.12.3.c. Duration of policy and projected correction programs with time parameters for completion.

6.12.4. Notice required for unscheduled interruptions. -- In the event of an unscheduled service interruption, a utility shall notify the Bureau for Public Health and the Commission as soon as possible upon a utility becoming aware of an unscheduled service interruption. Additionally, a utility will make customers and the general public aware of any unscheduled service interruption by utilizing one or more of the following acceptable methods of public notification as appropriate:

6.12.4.a. Fax/e-mail notification to local radio and television stations, cable systems, newspapers and other print and news media in the affected area as soon as possible after the event occurs. The notification must provide relevant information about the event, such as the affected location, its potential impact including possible adverse health effects and the population or subpopulation particularly at risk, and a description of actions affected ratepayers/occupants should take to ensure their safety, with updates as often as needed.

6.12.4.b. Use of the utility’s own Internet web site and 24/7 emergency phone line and integrated voice response system to provide relevant information about the event, such as the affected location, its potential impact including possible adverse health effects and the population or subpopulation particularly at risk, and a description of actions affected ratepayers/occupants should take to ensure their safety, with updates as often as needed.

6.12.4.c. Other types of notice at the discretion of the utility, including, but not limited to, doorknob flyers distributed to affected ratepayers/occupants, e-mail, text message, automated dialing system (outbound dialing).

6.12.5. Actual notice must be provided to affected health care and childcare facilities and other facilities, for example, schools and restaurants, as determined by consultation with the Commission, the Bureau for Public Health, the Department of Environmental Protection and other state agencies as necessary.

6.12.6. A utility shall coordinate with state and local emergency management agencies, as needed, to use any emergency alert system available for qualifying situations.

6.12.7. Public Notice Templates. -- Utilities should have public notice templates prepared and available in advance to avoid wasting critical time developing materials when confronted with an unscheduled service interruption. The notices should cover all possible scenarios from water conservation to boil water alerts to contaminants of concern and associated health effects.

6.12.8. Utility Contact Person. -- To ensure that the public is informed in the case of an unscheduled interruption occurring due to an emergency situation, utilities should have a knowledgeable contact person stationed onsite during the emergency, if possible, to communicate to the public and media on behalf of the company.

6.12.9. In the case of an unscheduled interruption occurring due to an emergency situation, water utilities should make a reasonable effort to ensure that adequate quantities of alternative supplies of water essential for domestic use are made available in a sufficient number of conspicuous and predetermined locations relative to the number of customers affected by the incident. This includes the use of water tankers or free bottled water, or both. Utilities should ensure that customers are adequately notified of the times available and locations of alternative water supplies. When bottled water is used, utilities should have plans in place, based on prior coordination with local vendors, to have adequate supplies to last for the duration of the outage. The Commission encourages utilities to work proactively with community-based organizations that would have readily available information on the location and special needs of affected elderly or homebound customers in the area.

6.13. Moratoria.

6.13.1. Conditions. -- The Commission may impose a moratorium on a system, either entire or apportioned, whenever sufficient evidence exists that the existing facilities are operating in excess of design capacity, that the system capacity necessary for future demand does not exist, or when an increase in customers will result in the degradation of service to existing customers.

6.13.2. Petition. -- A utility, Commission Staff, or governmental entity may petition the Commission in writing for the imposition of a moratorium on a system. The petition should include evidence of the existence of conditions outlined in Water Rule 6.13.1. If the utility is the petitioner, it must state the utility’s plan to remediate those conditions.

6.13.3. Imposition by state agency other than the Commission. -- A utility must immediately notify the Commission in writing if a State agency other than the Commission imposes a moratorium on the utility’s system.

6.13.4. Public notification of petition. -- A party petitioning for a moratorium shall notify the public that such request is being made, through a Class II legal advertisement in the form of Water Form No. 3, “Public Notice of Filing of a Petition for Imposition of a Moratorium” attached to these Rules, published no later than fifteen (15) calendar days from the date such request is made to the Commission. The notification shall clearly state which areas of the utility’s system are affected, and that interested parties may submit comments to the Commission for consideration.

6.13.5. Exemptions. -- Any prospective customer or group of prospective customers may apply to the Commission for an exemption from an existing moratorium. The prospective customer(s) shall make the requests in writing to the Commission, and include justification for the proposed exemption.

6.13.6. Refusal of Service. -- A utility may not deny service to a prospective customer on grounds of a moratorium until the Commission has imposed a moratorium. Any utility denying service to a prospective customer or group of customers due to a moratorium shall notify, in writing, all applicants for service of their right to file with the Commission a request for exemption from the moratorium.

6.13.7. Improvements to System. -- A utility upon which a moratorium is imposed shall continue to seek improvements to its system necessary to lift the moratorium. The Commission may, at its discretion, require the utility to submit reports outlining all progress made toward system improvements.

6.14. Local water rationing plans.

6.14.1. Authority. -- Upon giving notice to the Commission and the general public, any water utility declaring a temporary shortage of water, and that it is necessary for the health and welfare of the utility’s customers to restrict the consumption and use of the existing water supply, shall be authorized to enforce the following Local Water Rationing Plan (“Plan”) to restrict use of water to human consumption and for sanitary purposes. If a utility wishes to adopt a Plan different from the following Plan, it may petition the Commission for permission to do so.

6.14.2. Definitions.

6.14.2.a. “Emergency service area” -- the area or areas within which the utility has declared a state of drought and water shortage emergency.

6.14.2.b. “Excess use” -- the usage of water by a water customer in excess of the water allotment provided under the Local Water Rationing Plan for that customer, over any applicable period.

6.14.2.c. “Service area” -- the territory and the customers serviced by the utility.

6.14.2.d. “Service interruption” -- the temporary suspension of water supply, or reduction of pressures below that required for adequate supply, to any customer, portion of a water supply system or an entire system.

6.14.3. Purpose. -- This Plan is intended to establish measures for essential conservation of water resources, and to provide for equitable distribution of limited water supplies, to balance demand and available supplies and to assure that sufficient water is available to preserve public health and safety within an emergency service area.

6.14.4. Scope. -- This Plan shall apply to all water uses within a utility’s emergency service area including uses by customers of wholesale customers of the utility.

6.14.5. Objective of the Plan.

6.14.5.a. It is imperative that water customers within an emergency service area reduce water use in order to extend existing water supplies, and to assure that sufficient water is available to preserve the public health and sanitation, and provide fire protection service and electric power generation.

6.14.5.b. This Plan requires equitable reductions in water usage, and for equal sacrifice on the part of each water customer, insofar as such restrictions do not interfere with the public health, adequate fire protection and the generation of electric power. The success of this Plan depends on the cooperation of all water customers in the emergency service area.

6.14.6. Measures to implement the water rationing plan. -- Each water supply purveyor, including resellers, within the emergency service area, will develop and adopt necessary and appropriate measures to assure compliance with requirements of this Plan.

6.14.7. Prohibiting non-essential water uses. -- The following water uses are non-essential and are prohibited within an emergency service area:

6.14.7.a. Watering of outside shrubbery, trees, lawns, grass, plants or any other vegetation, except from a watering can or other container not exceeding three (3) gallon capacity. This limitation shall not apply to vegetable gardens, greenhouse or nursery stocks and newly established lawns or sod less than five (5) weeks old, which may be watered in the minimum amount required to preserve plant life before 8:00 a.m. or after 6:00 p.m.

6.14.7.b. The watering of golf course fairways.

6.14.7.c. The washing of automobiles, trucks, trailers or any other type of mobile equipment except in vehicle wash facilities operating with a water recycling system with a prominently displayed sign in public viewing so stating, or from a bucket or other container not exceeding three (3) gallons.

6.14.7.d. The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes or apartments or other outdoor surfaces.

6.14.7.e. The serving of water in restaurants, clubs or eating places unless specifically requested by the individual.

6.14.7.f. Ornamental water use, including but not limited to fountains, artificial waterfalls and reflecting pools.

6.14.7.g. The use of water for flushing sewers or hydrants by municipalities or any public or private individual or entity except as deemed necessary in the interest of public health or safety by the utility.

6.14.7.h. The use of fire hydrants by fire companies for testing fire apparatus and for fire department drills except as deemed necessary in the interest of public safety and specifically approved by the municipal governing body.

6.14.7.i. The use of fire hydrants by municipal road departments, contractors and all others, except as necessary for fire fighting or protection purposes.

6.14.7.j. The filling of swimming or watering pools requiring more than five (5) gallons of water, or the refilling of swimming or wading pools which were drained after the effective date of the order, except that pools may be filled to a level of two (2) feet below normal, or as necessary to protect the structure from hydrostatic damage, as to pools constructed or contracted for on or after the date of the final order.

6.14.8. Recourse. -- Any person aggrieved by a utility’s decision relating to these rules may file a complaint with the Commission.

6.14.9. Penalties. -- Any person who violates the provisions of this Plan, who fails to carry out duties and responsibilities imposed by this Plan or who impedes or interferes with any action undertaken or ordered pursuant to this Plan, shall be subject to the following penalties:

6.14.9.a. For the first excess use, the utility shall issue a warning of possible discontinuation of service.

6.14.9.b. For the second or subsequent excess use, the utility may interrupt or shut off service to the customer without notice, or the utility may add a surcharge of ten percent (10%) to the end user’s monthly bill for the month of the infraction.

6.14.10. Effective period. -- This Plan shall remain in effect until terminated by action of the utility declaring an end to the emergency condition or until terminated by order of the Commission, whichever comes first.

6.14.11. Effective date. -- This Plan shall take effect immediately upon adoption by the utility.

6.15. Resale of water.

6.15.1. A utility customer may not resell or cause to be resold water furnished by a public utility on approved rates or contracts unless the customer is engaged in the business of distributing water as a public utility.

W. Va. Code R. § 150-7-7 Utility Facilities; Service Pipes; Extension of System

7.1. Adequacy of facilities.

7.1.1. Construction and maintenance of plant. -- A utility shall at all times construct and maintain its entire plant and system in such condition that it will furnish safe, adequate and continuous service.

7.1.2. Inspection of plant. -- A utility shall inspect its plant and facilities in such manner and with such frequency as is necessary to ensure a reasonably complete knowledge as to their conditions and adequacy at all times. Such inspections must comply with the requirements of the legally applicable Minimum Federal Safety Standards (Federal Occupational Health and Safety Administration) and the standards of the Bureau for Public Health and the Department of Environmental Protection (as applicable).

7.1.3. Records of conditions. -- Records necessary for the proper maintenance of the system and in accordance with the Bureau for Public Health and the Department of Environmental Protection (as applicable), and the Minimum Federal Safety Standards shall be kept of the conditions found. In special cases, a more complete record may be specified by the Commission.

7.1.4. Records of operation. -- A utility shall keep a record of the operation of its plant, which, so far as practical, shall show sufficient details of plant operation as is necessary to substantially reproduce the daily history of its operation. The utility shall also maintain the records in accordance with the requirements of the Minimum Federal Safety Standards and Bureau for Public Health and Department of Environmental Protection (as applicable).

7.1.5. Reports to Commission. -- A utility shall, upon request of the Commission, file with the Commission a statement regarding the condition and adequacy of its plant, equipment, and facilities, and of its operations and service in such form as the Commission may require.

7.1.6. Bureau for Public Health Standards. -- All extensions, service connections and modifications to a utility’s plant must meet applicable design standards established by the West Virginia State Bureau for Public Health in addition to these rules.

7.1.7. Dead ends. -- A utility should avoid “dead ends” in the utility’s distribution mains so far as possible. If “dead ends” exist the utility shall provide facilities for flushing.

7.2. Utility Service Pipe.

7.2.1. Where the service pipe is required for the immediate and continuous use for general service to premises abutting the public street or right-of-way in which mains are located, the utility will furnish, install, and maintain the utility service pipe and appurtenances between the main in the street up to the customer’s point of service at or near 90 degrees to the main. Provided, all utility service pipes and appurtenances shall be installed only by the utility unless by prior written agreement.

7.2.2. The utility shall determine the location of the utility service pipe.

7.2.3. The utility will specify the size, kind, quality and location of all materials used in the utility service pipe.

7.2.4. The utility shall install and maintain, at its own cost and expense, all of the utility service pipe regardless of the side of the road on which the customer is located in reference to the main line. The utility shall designate the point of service on the customer’s side of the road.

7.2.5. The utility shall not make any charge for furnishing and installing any permanent service connection, meter or other appliance necessary to deliver and measure the water furnished unless the utility has prior approval of the Commission to charge a tap fee and the same is set forth in the utility’s tariff on file with the Commission.

7.2.6. The utility’s service pipe shall remain under the utility’s sole control and jurisdiction.

7.2.7. The customer shall not attach any fixtures to, or make any branches in, the utility service pipe between the point of service and the distribution main. Violation of this rule may result in termination of service pursuant to these rules.

7.2.8. A utility shall install temporary service connections for construction or other temporary purposes or connections for private fire service at the cost of the applicant.

7.2.9. A water utility shall adopt standard methods of meter installations where practicable and file a written description and drawings to provide a clear understanding of the requirements.

7.3. Customer Service Pipe.

7.3.1. No customer, plumber, company owner or any agent shall connect to the utility’s main or to any utility service pipe, or extend the pipes therefrom to any premises for the purpose of securing water service, until application has been made therefor to the utility as provided in these rules and the utility has granted permission in writing.

7.3.2. Once a utility grants an application for service, the customer shall install and maintain the customer service pipe.

7.3.3. The utility’s authorized employee shall inform the customer of the location of the point of service. The customer shall install the customer service pipe to the point of service after which the utility will install the utility service pipe from the distribution main to the point of service.

7.3.4. The customer shall also install and properly maintain in good working condition a stop and waste cock of a type approved by the utility on the customer’s service pipe immediately inside the foundation wall in a readily accessible location and in a place protected from the possibility of freezing and so placed that it will shut off and drain all plumbing within any and all buildings in the premises.

7.3.5. Where the utility’s service pipe is already installed to the point of service, the customer shall connect with the utility service pipe as installed.

7.3.6. The customer’s service pipe shall be installed in a workmanlike manner, shall conform to all reasonable rules and regulations of the utility, and shall be maintained by the customer at his own expense.

7.3.7. The utility will specify the size, kind, quality and location of all materials used in the customer’s service pipe and the customer shall comply with those specifications.

7.3.8. A customer must maintain his service pipe in good condition and free from all leaks and defects, at the customer’s cost and expense. A customer’s failure to comply with this rule may result in termination of service pursuant to these Rules.

7.3.9. The customer’s service pipe shall: be laid below the frost line at all points; be placed on firm and continuous earth so as to give unyielding and permanent support; and be installed in a trench at least two (2) feet in a horizontal direction from any other trench wherein gas pipe, sewer pipe, or other facilities, public or private, are or are to be installed.

7.3.10. Except in the case of long-service lines, a customer’s service pipe shall not pass through or across any premises or property other than that to be served. If a property served as of September 14, 2021 is later subdivided resulting in the original customer’s service pipe crossing the subdivided property that will be occupied by a new customer, the original customer and new customer must have separate service pipes. The original customer must obtain a right-of-way for the original customer’s service pipe on subdivided sections of property before title of such section passes to a new owner.

7.3.11. The customer’s service pipe and all connections and fixtures attached thereto shall be subject to the inspection of the utility before the water will be turned on, and all premises receiving a supply of water and all service pipes, meters and fixtures, including any and all fixtures within the said premises, shall at all reasonable hours be subject to inspection by any duly authorized employees of the utility.

7.3.12. The utility shall make changes and bear the full costs of changes in the customer’s service pipe or meter location required due to changes in grade, relocation of mains, and other causes not related to the customer. The customer shall bear the full costs of changes in service pipe or meter location desired by the customer for the customer’s convenience.

7.3.13. The customer shall not attach any fixtures to, or make any branches in, the customer service pipe between the point of service and the premises served. Violation of this rule may result in termination of service pursuant to Water Rule 6.8.

7.3.14. There shall be no more than one (1) customer service pipe required to serve a single premises and each premises shall be supplied through an independent customer service pipe, unless otherwise approved by the utility in writing.

7.4. Long service lines.

7.4.1. To assure the orderly development of its system, and to provide adequate service to its customers, the utility should ordinarily provide water service only at the property line of the customer requesting service, and in those instances where the utility’s service does not extend to the customer’s property line, the utility should construct an extension in accordance with Water Rule 7.5. In unusual and exceptional cases where the property line of the customer requesting service is an excessive distance from the existing main of the utility, and the cost to be borne by the prospective customer under Water Rule 7.5. is prohibitive, and there is no reasonable prospect of further growth and development in the area, or for any one of the above reasons, the utility may serve the customer by installing a meter in the utility’s right-of-way at its main nearest the customer’s property, and connecting the meter to the customer’s privately owned service line. The customer shall extend his customer service line to an existing distribution main of the utility and shall be solely responsible for service beyond the meter. The utility shall not serve other customers from a long service line.

7.4.2. If a road crossing is necessary to serve the customer, the utility shall install that portion of the line crossing under the road and shall locate the meter on the customer’s side of the road; provided that the utility’s distribution main lies within or adjacent to the existing road right-of-way. The customer shall be required to provide evidence to the utility that proper easements or rights-of-way have been obtained. Standards of service received by the customer shall be determined at the metering point. The customer shall not permit others to connect to the customer’s water lines or receive water service from the customer’s privately owned service line. In the event the utility’s main is later extended to the customer’s property line under Water Rule 7.5., the customer shall discontinue the use of his privately owned service line and shall pay all costs and charges authorized by the rules of the Commission and the rules and tariffs of the utility for water service from such extension, the same as if the customer had not previously laid and received service through a private service line. The provisions of this rule shall apply to all persons now or hereafter receiving water service through a privately owned service line extending from the utility’s main to the property to be served.

7.5. Extension of mains to serve new customer(s) and customers currently served under Water Rule 7.4.

7.5.1. A water utility, whether publicly or privately owned, is under a public service obligation to extend its mains, and its plant and facilities to serve new customers within its service area who may apply for service.

7.5.2. The utility shall make extensions in all cases in which the public convenience and necessity require the service, construction problems are not unusual or burdensome, and the extensions appear to be economically feasible, except that a utility shall first consider an application for an alternate main extension when applicable.

7.5.3. For any proposed extension of mains to be installed by a utility, a reasonable relationship should exist between the per customer investment to serve new customers and the per customer net investment to serve existing customers.

7.5.4. A utility shall make every effort to install its distribution main in the public road right-of-way or in a utility right-of-way abutting the public road right-of-way.

7.5.5. Extensions for general water service.

7.5.5.a. The utility will respond to all inquiries regarding new water service, whether oral or written, by explaining all available options for obtaining service under these rules, including the option of an alternate main extension agreement, pursuant to Rule 7.5.8.g.

7.5.5.b. When extensions other than those made pursuant to Rule 7.5.8.g. are built, the customer pays for the customer service pipe and the utility pays for the utility service pipe.

7.5.5.c. The utility will, upon written request for service in the form of Water Form No. 4, by a prospective customer or group of prospective customers located in the same neighborhood, or a customer currently served under Water Rule 7.4., determine the necessary size of main required to give service and make an estimate of the cost of providing the requested service, using the form of Water Form No. 5, including pipe, valves, fittings, necessary materials, permits, costs incurred by the utility when the utility externally contracts for the construction of the extension, or internal labor costs, provided such internal or external costs are not recovered in existing rates, and other applicable related costs. When a road crossing(s) is (are) necessary to serve the customer(s) requesting service, the cost estimate shall not include costs attributable to extending the main across the first road (closest to the already existing main), but shall include the costs of installing the main across a second and any subsequent road(s). The utility will provide the written estimate calculated using Water Form No. 5 to the customer in the form of Water Form No. 6, no more than forty (40) days from the receipt by the utility of the written request for service, except that the utility will provide the written estimate to the customer no more than twenty (20) days following a denial of a request for an alternate main extension agreement pursuant to Rule 7.5.8.g. The written estimate shall include an estimated construction start date and an estimated time of construction. If the prospective customer believes that any part of the estimate is unreasonable, the customer is free to pursue an informal request for assistance from the Commission staff or to file a complaint with the Commission. Further, the utility and the customer shall execute a Main Line Extension Agreement. Commission Staff may be consulted to provide assistance and sample forms. The agreement must include as an attachment a copy of this extension rule. The utility shall keep an executed copy of their agreement for at least six (6) years. The length of the extension required shall be that length required to extend from the new proposed service area to the nearest point of connection to the utility system having sufficient excess capacity to provide service at maximum demand.

7.5.5.d. Unless service is to be provided by a long service line pursuant to Water Rule 7.4., whenever the utility is required to extend service from an existing distribution main to property that does not immediately abut the utility’s right-of-way or the public road that contains the distribution main, the extension shall be considered a main extension and cost responsibility shall be determined under Water Rule 7.5.5.

7.5.5.e. Where the cost of the extension does not exceed the estimated total net revenue, as calculated below, from hydrants and prospective customers whose service pipes will immediately be connected directly to the extension and from whom the utility has received applications for service upon forms provided by the utility for this purpose, the utility will install, at its own cost and expense, the necessary extension; provided that the patronage or demand will be of such permanency as to warrant the capital expenditure involved.

7.5.5.e.1. Net annual revenue shall be gross annual revenue minus an amount equal to the excess usage leak adjustment rate approved for the utility times the applicant’s usage used for purposes of this rule, with this difference further reduced for any revenue based taxes.

7.5.5.e.2. The utility will base revenue on the average usage by customer class at the time of the extension, unless circumstances of the applicant show this would result in significant error. For non-residential units, the utility will base annual revenue on typical consumption for comparable units published by the American Water Works Association.

7.5.5.e.3. Estimated total net revenue for private, for profit, utilities will be initially calculated as six (6) times estimated net annual revenue. Each such utility shall file for a line extension multiplier within twelve (12) months of the effective date of these rules.

7.5.5.e.4. The utility-specific line extension multiplier for private, for-profit, utilities shall be based on one (1) divided by the utility’s net fixed charge rate. The net fixed charge rate shall equal a function of the utility’s weighted cost of capital, applicable income tax rates, and the Commission approved depreciation accrual rate.

7.5.5.e.5. Estimated total net revenue for associations, municipal, and public service district utilities will be calculated as five (5) times estimated net annual revenue. If the Commission approved excess leak adjustment for the utility fails to include all of the incremental costs of serving a new customer that should properly be netted out from the total revenues of the utility, the utility may apply to the Commission for a determination of the proper amount to be deducted from gross revenues to arrive at an appropriate determination of net revenue.

7.5.6. Extensions beyond the limit of utility-financed extensions of general water service and public fire service.

7.5.6.a. If the utility-estimated cost of the proposed extension required in order to furnish general water service exceeds the utility’s estimate of total net revenue as determined by Water Rule 7.5.5.d., the utility will make the extension if the applicant or the applicant’s authorized agent contracts for the extension and deposits in advance with the utility the estimated cost of the extension over and above the limit of the utility-funded portion of the extension. The utility shall not pay nor be liable for any interest on such cash deposits. The utility shall make the extension after receiving the cash deposit. The utility shall, for each bona fide new customer who, within a period of ten (10) years from the making of such extension, directly connects to the extension between its original beginning and the original terminus, refund to the original depositor(s), an amount equal to the estimated total net revenue of the new customer as determined by Water Rule 7.5.5.d., but in no event shall the aggregate refund made to the depositor(s) exceed the original deposit. Provided that associations, public service districts and municipal water utilities may elect to refund the estimated amount over a period of five (5) years making payments no less frequently than every six (6) months.

7.5.7. Alternate depositor-financed extension plan.

7.5.7.a. Qualifying utilities. -- The above requirements notwithstanding, the utility may decline to finance the portion of a requested extension that would be utility-funded if it can demonstrate that it has no prospect of any reasonable internal or external financing through commercial loans, grants, or through an installment arrangement with an entity installing the extension or providing the necessary materials.

7.5.7.a.1. If the utility declines to finance the portion of a requested extension that would be the financial responsibility of the utility, the utility shall file for a waiver of the extension rule within sixty (60) days of the written request.

7.5.7.a.2. Before filing for a waiver, the utility must first estimate the extension costs.

7.5.7.a.3. A request for a waiver by a utility shall be accompanied by supporting documentation justifying its request, including cost estimates, documentation of inability to finance, internally or externally, through commercial loans, grants or an installment arrangement with an entity installing the extension or providing the necessary materials, and the proposed agreement.

7.5.7.a.4. If the Commission finds that the utility has reasonably declined to finance the portion of the requested extension that would otherwise be utility-funded, the Commission shall authorize the use of the alternate depositor-financed extension plan as described below.

7.5.7.b. Description of alternate depositor-financed extension plan. -- Under the alternate depositor-financed extension plan, the utility shall make the extension after:

7.5.7.b.1. receiving a cash deposit equal to the full amount of the extension cost; and

7.5.7.b.2. agreeing to give the depositor(s), who is a customer, a monthly bill credit totaling one hundred percent (100%) of the actual net bill(s) from the date service is initiated and until the total credits given equal the estimated total net revenue as defined in Water Rule 7.5.5.d.; and

7.5.7.b.3. agreeing to refund to the original depositor(s) an amount equal to the estimated total net revenue as defined in Water Rule 7.5.5.e. of each bona fide customer, other than the depositor(s), who, within a period of ten (10) years from the construction of the extension, directly connects to the extension between its original beginning and the original terminus. The refund may be spread out over a five (5) year period with the utility making payments no less frequently than every six (6) months. The refunds shall continue until the total refunds given equal the estimated total net revenue as defined in Water Rule 7.5.5.d.

7.5.7.c. In no event shall the total refund made to the depositor(s) under Water Rule 7.5.7. exceed the original deposit of the depositor(s).

7.5.7.d. The utility shall not pay nor be liable for any interest on the cash deposits associated with line extensions.

7.5.8. General Provisions.

7.5.8.a. If the actual cost of the extension is less than the estimated cost, the utility will refund the difference as soon as the actual cost is ascertained, but in no event later than ninety (90) days after completion of construction of the extension. When the actual cost of the extension exceeds the estimated cost, the utility will bill the depositor for the difference between the estimated and the actual cost. The utility will not pay interest on the applicant’s payment or on any balance that is refunded.

7.5.8.b. In estimating the cost of an extension, the utility will base the estimate on the diameter of the pipe to be used; provided that the estimated cost to the customer or customers shall not be based on a pipe diameter greater than the diameter of the main from which the extension is to be made, unless actual consumption estimated for the proposed customer or customers requires a larger pipe.

7.5.8.c. Extensions made under this rule shall be and remain the property of the utility.

7.5.8.d. The utility reserves the right to further extend its distribution mains from and beyond the extension made under this rule, and the depositor or the depositor’s agent paying for an extension shall not be entitled to any refund for customers attaching to such further extension or branch mains.

7.5.8.e. In determining the length of water line to be installed in an urban area when land is subdivided into lots, the main, or water line (if installed by an entity other than a utility), shall be extended to fully cover the frontage of the property, and if the last lot to be served is a corner lot the terminal point of the extension made hereunder shall be located so that the water line ties in with the intersecting street. If there is no main located in the intersecting street, the terminal point of the extension shall be located at the nearest street line of the intersecting street. In rural areas or open land areas, the extension required will be that length necessary to adequately serve the applicant.

7.5.8.f. Before water lines are laid in any new subdivision, the road surface shall be brought to the established sub-grade as determined by the agency having jurisdiction.

7.5.8.g. Alternate Main Extension Agreements.

7.5.8.g.1. A utility may enter into an agreement with an applicant that complies with the Commission approved checklist attached hereto as Water Form No. 7, providing an alternate plan for a main extension. Commission Staff may be consulted to provide assistance and sample forms.

7.5.8.g.2. An applicant desiring to enter into an alternate main extension agreement should submit a written request to the utility.

7.5.8.g.3. A utility will, within twenty (20) days of receipt of the written request to enter into an alternate main extension agreement, consider the request and submit a response to the applicant indicating the utility’s approval or denial of the request.

7.5.8.g.4. If the utility denies the request to enter into an alternate main extension agreement, the utility will provide the applicant with a detailed explanation of its decision and explain the available options for obtaining service under these rules. If the applicant believes that a denial is unreasonable, the applicant is free to pursue an informal request for assistance from the Commission staff or to file a complaint with the Commission.

7.5.8.g.5. In providing an alternate plan for main extensions a utility may not discriminate between customers whose service requirements are similar.

7.5.8.g.6. An alternate main extension agreement shall be filed with and approved by the Commission prior to implementation or execution of the agreement by any of the parties. The agreement shall include the name, address and phone number of the parties to the agreement. The agreement shall also include a provision explaining why the utility is not funding the extension. The agreement must attach a copy of Water Rule 7.5 and a statement signed by the prospective customer that the customer has reviewed and understands the provisions of Water Rule 7.5.7. which entitle a customer to refunds and that the customer knowingly waives such rights, if applicable. Failure to obtain Commission approval will result in the loss of the right to obtain reimbursement from the utility. If an entity other than the utility constructs the extension, upon completion of construction and proper utility inspection of the extension, the utility shall initiate service only after proper transfer of title to all facilities including property, plant and rights-of-way incidental to the furnishing of utility service.

7.5.8.h. Contract for service. -- A utility is not required to make free extensions or refunds as described in this rule unless those to be served by such extension shall guarantee to the utility that they will take water service at the premises within thirty (30) days after water service is available or as otherwise mutually agreed in a user’s agreement.

7.5.8.i. Construction conditions. -- A utility will undertake construction of line extensions, as provided in this rule, promptly after all applications are completed, necessary right-of-way agreements or rights of entry are delivered to the utility, and all prospective customers have signed contracts.

7.5.8.j. Right-of-Way.

7.5.8.j.1. If construction of an extension involves the acquisition of a private right-of-way, then the prospective customer shall attempt to secure the right-of-way and deliver it to the utility free of cost before construction of the extension begins.

7.5.8.j.2. If, however, it is not reasonably possible for the prospective customer or customers to secure the right-of-way, and the construction of an extension involves the utility’s incurring expense for right-of-way easements, either by purchase or condemnation, the utility will add those costs to the total cost of the extension.

7.5.8.j.3. As a condition to obtaining a main extension, property owner or developer must grant the utility the necessary easements to allow the utility to make future extensions into unserved areas. The property owner or developer will grant the necessary easements without requiring the utility to pay additional consideration for the additional easements to the property owner or developer. If the property owner or developer is unwilling to grant the additional easements, the utility shall not be required to extend its main to serve the property owner or developer.

7.5.8.k. Upon the proper filing of a Tariff Rule 42A, 42R, 42T, 19A, or 19R rate case or a certificate case filed pursuant to W. Va. Code §24-2-11 by the utility, the utility may seek to include in its tariff a Capacity Improvement Fee, Capacity Assurance Fee or such other fee or charge designed to raise capital to cover the cost of future capacity expansion to be assessed against customers or entities creating those costs.

7.5.9. Community infrastructure investment agreements with municipal utilities and public service districts.

7.5.9.a. Municipal utilities and public service districts may enter into “community infrastructure investment agreements” in accordance with the provisions of W. Va. Code §22-28-1 et seq.

7.5.9.b. A utility that has entered into “community infrastructure investment agreements” pursuant to W. Va. Code §22-28-1 et seq. shall maintain separate books and records for the project areas involved in the agreements. For purposes of this section, the project areas for which separate books and records are required include plant upgrades and stand alone systems.

7.5.9.c. A utility that has entered into “community infrastructure investment agreements” pursuant to W. Va. Code §22-28-1 et seq. shall file (i) a copy of the certificate of appropriateness, (ii) a copy of the community infrastructure investment agreement, and, if necessary, (iii) a new tariff containing rates applicable to the new service area. The utility shall file the required documents with the Commission no later than thirty (30) days of the date the project is transferred to the utility.

7.5.9.d. If rates for the new customers served by a public service district project are higher than the rates for the public service district’s existing customers, the public service district shall, within ninety (90) days of the date the project is transferred to the public service district, make a formal rate application with the Commission in order to justify the higher rates to the new customers. A municipality shall enact an ordinance increasing rates, if necessary, within ninety (90) days of the date the project is transferred to the municipality.

7.6. Water Losses.

7.6.1. Each utility shall determine either by actual measurement or by estimate the amount of “Water Losses” as defined in Water Rule 3.17. in each division of its system and report, separately, to the Commission in its annual report. If the reported Water Losses are in excess of fifteen percent (15%) of the water supply delivered into the transmission and distribution system on an annual basis, the utility will state the remedial actions it proposes to take. A utility may seek assistance from the Commission regarding remediation of water losses in excess of fifteen percent (15%).

7.7. Cross connections and back flow prevention regulations.

7.7.1. See West Virginia Bureau for Public Health legislative rules pertaining to cross-connections and backflow prevention codified at 64CSR15 (effective March 13, 2004).

7.7.2. All utilities that have adopted a standard or uniform cross-connection and backflow program pursuant to §64-15-8.2 of the West Virginia Code of State Rules must file the details of such programs with the Commission. Such programs will be approved as filed unless it can be shown that the program violates an existing Commission rule.

7.8. Standard pressure.

7.8.1. The utility shall ensure that every utility customer receives a “standard pressure” within the Commission-established minimum and maximum pressure limits. When possible, a “standard pressure” shall be calculated as the static pressure based on the difference in elevation between the base of the storage tank and meter box or point of service. Where this method of calculating a customer’s “standard pressure” is not practical, the utility will use the actual engineering design of the system or common engineering methods to determine the “standard pressure” at the point of service. A utility shall not allow pressure to fluctuate more than fifty percent (50%) above or fifty percent (50%) below such “standard pressure” during normal operating conditions. Pressure variations outside the limits specified are not a violation of this rule if they are infrequent and arise from unusual or extraordinary conditions, or arise from the operation of the customer’s equipment. This rule shall be interpreted to permit a different “standard pressure” calculation for each customer due to varying elevations.

7.8.2. A utility should establish an elevation in each pressure district above which it cannot provide the minimum pressure required by this rule. A utility shall post notice of that elevation in a prominent place in the public offices of the utility. A utility may furnish new service to customers above this elevation if the customer is fully advised of the conditions under which average service may be expected, and the customer’s agreement is secured in writing. The utility may require in the agreement that its terms shall be binding on future customers served at the same location under similar circumstances; provided that the agreement be recorded with the appropriate county clerk. This waiver shall not prevent the Commission from requiring a better service when, upon investigation, it appears that improvements should be made.

7.8.3. A utility shall not make changes to the standard pressure or pressures adopted for its customers without the approval of the Commission.

7.8.4. A customer’s pressure shall be no less than twenty (20) p.s.i. at peak demand on system or thirty (30) p.s.i. static pressure at the terminus of the utility’s service line (meter box or curb box) unless the customer has waived this requirement. For all new customers desiring service on and after October 24, 2003, a customer’s pressure shall be no greater than one hundred thirty-five (135) p.s.i. unless the customer has waived this requirement. The utility shall keep on file all the aforesaid waivers, in accordance with Water Rule 4.1.

7.9. Quality of water.

7.9.1. Purity. -- All water furnished by a utility for domestic use, shall be pure, wholesome, potable and in no way dangerous to the health of the consumer.

7.9.2. Health Department. -- Every water utility shall comply with the rules of the Bureau for Public Health governing purity of water, testing of water, operation of filter plants and such other rules they may prescribe, pursuant to law, having as their ultimate end the purity of water.

W. Va. Code R. § 150-7-8 Inspections and Tests

8.1. Meter testing facilities and equipment.

8.1.1. Testing facilities. -- A utility shall provide or have access to laboratory meter-testing facilities that are necessary to perform the tests required by these rules or by orders of the Commission. The testing facilities are subject to the approval of the Commission, and shall be available at all times for inspection or use by any member or authorized representative of the Commission.

8.1.2. Tests required; Reports to Commission. -- A utility shall, as a minimum requirement, conduct the tests required by these rules with such frequency, and in such manner, and at such places as provided herein or as may be approved or ordered by the Commission. A utility shall make yearly reports, in accordance with the requirements of the Commission, in the annual report, of meter tests, number of customers and amount of refunds. These reports must be filed not later than thirty (30) days after the expiration of the period covered by the reports.

8.1.3. General testing equipment. -- A utility furnishing metered water service shall own and maintain the equipment necessary to accurately test all types and sizes of meters employed for the measurement of water unless the utility has made arrangements to have the testing done in a shop or laboratory containing equipment acceptable to the Commission. The utility shall promptly report in writing to the Commission all alterations or repairs to meter testing equipment that might affect the accuracy or method of operation of such equipment.

8.1.3.a. The utility shall hold for all testing instruments and other equipment, a certificate signed by a proper authority giving the date when the instrument was last certified and adjusted, and certificates, when superseded, shall be kept on file in the office of the utility.

8.1.3.b. Shop testing equipment. -- Testing equipment shall consist of calibrated tanks large enough to hold the equivalent volume needed to move the test dial one or more complete revolutions. It is recommended that the calibrated tanks hold not less than the quantity needed to test meters in accordance with the test requirements of the American Water Works Association (AWWA) found in the Water Meters Section of Manual M6, Denver (1986). The equipment shall have the proper valves, gauges, and flow devices to determine the flow rate in gallons per minute and to check the pressure on the intake side of the meter.

8.1.3.c. Field testing equipment “Prover Meter”. -- Testing equipment shall consist of a calibrated meter(s) with proper discharge valves and gauges to adjust the flow on the outlet side of the prover meter. The utility shall test and calibrate the field testing equipment against a certified calibrated tank not less than once each year, or more frequently if circumstances warrant, and ensure that a record of testing accompanies the field test equipment when in use. It is recommended that the test record be plotted as an accuracy curve in graph form so that operating error may be determined easily. The error of the prover meter as a correction factor when computing final accuracy of meters tested in place by using the following formula:

TESTED METER ACCURACY = MV X PA

PV where: MV = volume recorded on meter tested PV = volume recorded on prover meter PA = accuracy of prover meter at tested flow rate (in %).

8.2. Tagging, sealing and capping meters.

8.2.1. Tagging meters. -- A utility shall maintain a record of each meter showing the type, brand, serial number, registration reading, test date, flow rates, and test results. A utility shall maintain this record, which may be kept on paper or electronically, after installation of the meter and for so long as the meter remains in service.

8.2.2. Sealing meters. -- The meter tester performing a test shall seal all meters in which the accuracy can be adjusted or which could otherwise be easily altered or tampered with at the time of the test. Pulse generator remote type meters shall have the remote counter sealed.

8.2.3. Capping meters. -- A utility will place caps on the inlet and outlet ports of all meters removed from service and awaiting testing. A utility will cap and seal all meters that have been tested and sealed or are ready for installation until installed.

8.3. Accuracy requirements for water meters.

8.3.1. Installation accuracy. -- Before a utility installs a water meter for the use of any customer, whether new, repaired, or removed from service for any cause, the utility shall ensure that the meter is in good order and is adjusted or repaired to be as nearly correct as is commercially practical. However, a manufacturer’s certified test may be accepted in lieu of utilities’ test of new meters of the positive displacement type.

8.3.2. Whenever, on installation, periodic or any other test, a utility finds a meter to exceed a limit of two percent (2%) fast or slow, the utility must adjust the meter to register as nearly one-hundred percent (100%) as is commercially practicable. For displacement, multi-jet, propeller, and turbine meters, the normal test-flow-percent accuracy shall be the average of the accuracy results at the intermediate and maximum test-flow rates. For compound and fire-service meters, the normal test-flow-percent accuracy shall be the average of the accuracy results at the maximum test-flow rate of the main line meter and the intermediate and maximum test-flow rates of the bypass meter.

8.3.3. After a utility makes all necessary repairs, adjustments and final tests so that the meter registers accurately, the utility shall seal the meter. It is recommended that all meters of the disc or displacement type, two inch (2") or less in size, be tested before being installed on the premises of any customer.

8.3.4. A utility shall always test a meter of the turbine type, two inch (2") and larger, after installation. A utility shall install these meters with a “Test Tee” and valve for use in testing.

8.3.5. Meters of the turbine type can be tested and calibrated more accurately in place. The accuracy of turbine meters is affected by changes in distribution of velocities through the meter. Such variation of velocity may occur to an appreciable degree through change of nature of inlet piping.

8.3.5.a. A Commission certified meter prover shall perform all tests to determine the accuracy of registration of any water meter.

8.3.6. Meter Test Flow. -- Flow rates shall be in accordance with “American Water Works Association” standards.

8.3.7. Tests -- How Made. -- The testing procedures shall be in accordance with American Water Works Association standards.

8.4. Periodic test.

8.4.1. Meters shall be periodically tested as follows: 3/4" or less in size at least once every 10 years. 1" in size at least once every 7 years. 1-1/4", 1-1/2", 2" in size at least once every 5 years. 3" in size at least once every 3 years. 4" and larger in size at least once each year.

8.4.2. “Periodic test periods” for testing meters in the system of utilities supplying water of high turbidity, or of peculiar characteristics, will be determined by the Commission from time to time.

8.4.3. The time frame for periodic tests may be modified by the Commission from time to time upon the submission of evidence by the utility to substantiate any request for modification.

8.5. Request tests.

8.5.1. Action required. -- If any customer requests in writing to the utility a test of the accuracy of his or her meter, and the meter is not due for periodic testing, the utility shall notify the customer of the conditions under which the test will be made by the utility or by a referee. If the customer requests that the utility proceed with the test and remits an amount equal to the estimated cost to be incurred by the utility, but not less than ten dollars ($10), the utility shall make the test promptly. The meter tester shall provide a report giving results of the test to the customer and the utility, and a complete record of the test shall be kept within the applicable Division of the Commission. If, when tested, the meter is found to be more than two percent (2%) in error, the utility will refund the amount advanced to the customer. If the meter is not found to be more than two percent (2%) in error, the utility shall retain the amount advanced by the customer for the test.

8.5.2. Customer’s privilege. -- A customer may be present when the utility conducts the test on the customer’s meter or, if the customer desires, may send an expert or other representative appointed by the customer.

8.5.3. If the customer files a complaint with, or makes a request for assistance from, the Commission regarding the accuracy of his or her meter, the Commission will notify the utility and the utility shall have a representative present to remove the meter and assist a Commission inspector with the test. This test shall be made at the expense of the utility.

8.5.4. Report to customer. -- Within ten (10) days after the completion of the test, a utility will provide to the customer a report giving the name of the customer requesting the test, the date of the request, the location of the premises where the meter had been installed, the type, make, size and serial number of the meter, the date of removal, the date tested, and the result of the test.

8.6. Meter testers.

8.6.1. Meter tester required. -- A utility shall have in its employ or have access to the services of one or more competent meter testers whose duty is to perform tests to determine the accuracy of the utility’s meters.

8.6.2. Certification of meter tester. -- A utility desiring to certify an employee as a meter tester must secure a qualification card from the Commission in the form of Water Form No. 9; have same executed by the applicant and returned to the Commission; together with a certification by a responsible representative of the utility as to the facts contained on the card. The Commission will then schedule a certification test consisting of a written examination and demonstration test of the applicant’s meter testing skills on certified testing equipment. If the applicant’s qualifications are satisfactory, the Commission will then issue a card to the employee in the form of Water Form No. 10, authorizing the employee to test meters of the type and size shown on the card.

8.6.3. Experience required. -- No employee of a utility is authorized to test meters unless the employee has had at least six (6) months’ experience in a utility water-meter shop, or equivalent experience, part of which time must have been spent working on the type meter for which authority to test has been requested. All tests must be made by an authorized meter tester.

8.6.4. Reports to Commission.

8.6.4.a. A utility shall file on or before February 1st, each year, a list of the individuals in its employ authorized to test meters.

8.6.4.b. A utility shall notify the Commission and shall take up and return the meter tester’s card when a certified meter testers ceases to be in its employ.

W. Va. Code R. § 150-7-9 Safety Requirements

9.1. Accidents. -- A utility shall keep a record of every accidental happening in connection with the operation of its plant, station, property, and equipment, whereby any person is killed, or seriously injured, or any property damaged or destroyed, with full statement of the cause of the accident, and the precautions taken to prevent similar accidents in the future.

W. Va. Code R. § 150-7-10 Creation or Alteration of Public Service Districts

10.1. Creation or alteration of a public service district.

10.1.1. A county commission upon entering an order on its own motion, or upon receipt of a petition, or upon receipt of a recommendation of the Commission, proposing the creation, enlargement, reduction, merger, dissolution, or consolidation of a public service district pursuant to W. Va. Code §16‑13A-2, shall:

10.1.1.a. At the same session, fix a date of hearing in the county which date shall be not more than forty (40) days nor less than twenty (20) days from the date of the action;

10.1.1.b. Within ten (10) days, provide the Executive Secretary of the Commission with a copy of the order or petition and notification of the time and place of the hearing to be held by the county commission;

10.1.1.c. If the territory proposed to be included is situated in more than one county, when fixing the date of hearing, provide for notifying the county commission and clerk thereof of each of the other counties into which the territory extends of the date so fixed;

10.1.1.d. Publish, at least ten (10) days prior to the hearing, a Class I legal advertisement meeting the requirements stated in W. Va. Code §16-13A-2, giving notice of the hearing;

10.1.1.e. Post notice in at least five (5) conspicuous locations in the proposed public service district as required by W. Va. Code §16-13A-2; and

10.1.1.f. File with the Executive Secretary of the Commission affidavits of publication pursuant to Water Rule 10.1.1.d., and affidavits of posting pursuant to Water Rule 10.1.1.e. as soon as the same are available.

10.2. Notification to the Commission of county commission action.

10.2.1. If the county commission enters an order creating, enlarging, reducing, merging, dissolving, or consolidating a public service district, the county commission shall, within ten (10) days of entering such order, file a copy of such order with the Executive Secretary of the Commission. If the county commission declines to enter such an order, the county commission shall, within ten (10) days of declining, file with the Executive Secretary of the Commission notice that it has declined to enter any such order.

10.3. Notice of Filing.

10.3.1. Upon the receipt of a county commission order proposing the creation, enlargement, reduction, merger, dissolution, or consolidation of a public service district pursuant to W. Va. Code §16‑13A-2, the Commission may provide notice of the proceeding through the issuance of a Class I legal advertisement in the form prescribed by the Commission, in the county or counties affected by the proposed order. The notice shall include the right of any customer of the proposed public service district or other interested party to file a written protest. See Water Form No. 8 for example of notice to be published.

10.4. Commission hearing.

10.4.1. The Commission may hold a hearing or hearings in each county affected by a county commission order(s) filed pursuant to Water Rule 10.1.1. If the Commission holds a hearing, the Commission shall publish a Class I legal advertisement giving notice of the hearing or hearings.

10.5. Commission consideration of proposed creation or alteration.

10.5.1. After public comment and hearing, if held, the Commission shall, by order, approve, disapprove or modify a county commission order creating, expanding, merging, consolidating, reducing or dissolving a public service district. In deliberating on approval, modification or disapproval the Commission may consider, among other things:

10.5.1.a. the public convenience and necessity;

10.5.1.b. the economic feasibility, including sources of funding, costs and related benefits of the county commission’s order;

10.5.1.c. the adequacy of facilities;

10.5.1.d. other facilities in the area; and

10.5.1.e. other possible alternatives.

W. Va. Code R. § 150-7-11 Distressed and Failing Water or Wastewater Utilities

11.1. Definitions -- These definitions are specific to Section 11 of this rule.

11.1.1. “Distressed Utility” -- a water or wastewater utility that for financial, operational or managerial reasons:

(1)(a) Is in continual violation of statutory or regulatory standards of the Bureau for Public Health, the Department of Environmental Protection, or the Commission, which affect the water quality, safety, adequacy, efficiency or reasonableness of the service provided by the water or wastewater utility;

(b) Fails to comply within a reasonable period of time with any final, nonappealable order of the Department of Environmental Protection, Bureau for Public Health or the Commission concerning the safety, adequacy, efficiency or reasonableness of service, including, but not limited to, the availability of water, the potability of water, the palatability of water or the provision of water at adequate volume and pressure and the collection and treatment of wastewater;

(2) Is no longer able to provide adequate, efficient, safe and reasonable utility services; or (3) Fails to timely pay some or all of its financial obligations, including, but not limited to, its federal and state tax obligations and its bond payments to the West Virginia Water Development Authority, the United States Department of Agriculture (USDA) or other bondholders; fails to maintain its debt service reserve; or fails to submit an audit as required by its bond or loan documents or state law.

11.1.2. “Failing water or wastewater utility” -- a public utility that:

11.1.2.a. Meets the definition of a distressed water or wastewater utility; and either:

11.1.2.b. Has not, after a reasonable time period, been stabilized and improved by corrective measures put in place under W. Va. Code §24-2H-7; or

11.1.2.c. Has had the corrective measures suspended for good cause shown by an order of the Commission.

11.1.3. “Capable proximate water or wastewater utility” -- a public utility that regularly provides adequate, safe and reasonable service of the same type as the distressed utility and is situated close enough to the facilities of a distressed utility that operational management is reasonable, financially viable, and not adverse to the interests of the current customers of the non-distressed utility.

11.2. Potentially unstable water and wastewater utilities.

11.2.1. Commission Staff will review annual reports, rate case filings and other financial data available from public information or from the utility directly and prepare a list of water and wastewater utilities that appear to be financially unstable. This list will be updated annually. Commission Staff will provide the list to the Commission by interoffice memorandum by November 1st of each year.

11.2.1.a. After receipt of the list, the Commission may request from any water and wastewater utility current financial information, including bank statements, detail of accounts payable, detail of current and delinquent taxes payable, detail of pension funds, current debt payment and reserve fund status, and any other pertinent information that the Commission requires.

11.2.2. After the Commission finalizes the list, Commission Staff will contact each utility placed on the list to discuss the stability of the utility.

11.2.3. Each utility contacted shall respond to staff contacts in a timely manner, but in no less than 60 days. The utility shall indicate measures it plans to undertake to address the concerns of the Commission Staff regarding the potential instability of the utility.

11.2.4. Commission Staff will offer to provide advice and assistance to resolve any financial, managerial or operational issues that are contributing to the utility’s potential instability.

11.2.5. Commission Staff shall periodically report as directed by the Commission regarding the status of the unstable utility and any measures undertaken by the utility to address the potential instability.

11.3. Determination of whether a utility qualifies is a distressed or failing utility and the identification of one or more capable proximate public or private utilities.

11.3.1. The Commission may on its own motion, or upon a petition by Commission Staff or any other person or entity having a legal interest in the financial, managerial or operational condition of the utility, open a General Investigation proceeding to investigate whether a utility is distressed or failing and to identify any capable proximate public or private utilities that may be able to acquire the utility.

11.3.1.a. The Commission will name as respondents the utility under investigation and any public or private utilities that may be a capable proximate utility.

11.3.2. The Commission will provide notice to named respondents by Order.

11.3.3. The Commission may, by Order, require any named respondent to file specific information in the form of documents, affidavits or prepared testimony.

11.3.4. The Commission will provide Commission Staff and other interested parties the opportunity to file testimony, participate in evidentiary hearings and file briefs in the proceeding.

11.3.5. To determine if a utility is a distressed or failing utility, the Commission will consider:

11.3.5.a. The financial, managerial and technical ability of the utility;

11.3.5.b. The level of expenditures necessary to make improvements to the water or wastewater utility to assure compliance with applicable statutory and regulatory standards concerning the adequacy, efficiency, safety or reasonableness of utility service and the impact of those expenditures on customer rates;

11.3.5.c. The opinion and advice, if any, of the Department of Environmental Protection and the Bureau for Public Health as to steps that may be necessary to assure compliance with applicable statutory or regulatory standards concerning the adequacy, efficiency, safety or reasonableness of utility service;

11.3.5.d. The status of the utility’s bond payments and other financial obligations;

11.3.5.e. The status and result of any corrective measures previously put into place; and

11.3.5.f. Any other relevant matter presented by the respondent utilities, Commission Staff or other interested party.

11.3.6. To determine if a utility is a capable proximate utility, the Commission will consider:

11.3.6.a. The financial, managerial and technical ability of all proximate public utilities providing the same type of service;

11.3.6.b. Expansion of the franchise or operating area of a potential acquiring utility to include the service area of the distressed utility;

11.3.6.c. The financial, managerial, operational and rate demands that may result from the current proceeding and the cumulative impact of other demands where the utility has been identified as a capable proximate utility; and

11.3.6.d. Any other relevant matter presented by the respondent utilities, Commission Staff or other interested party.

11.4. Hearings and public notice.

11.4.1. The Commission will hold evidentiary and public comment hearing(s) in the service area of the utility under investigation as a potential distressed or failing utility.

11.4.1.a. The Commission will conduct the public comment hearing(s) to receive public comments, including, but not limited to, comments regarding possible options available to bring the potential distressed or failing utility into compliance with appropriate statutory and regulatory standards.

11.4.1.b. The Commission will conduct the evidentiary hearing to receive evidence to determine if the utility is a distressed or failing utility and whether a capable proximate utility should acquire the utility. If there is more than one proximate utility the Commission will also receive evidence to allow the Commission to determine the appropriate capable proximate utility.

11.4.2. The Commission will give notice of the time, place and subject matter of the hearing as follows by:

11.4.2.a. placing a Class I legal publication in a qualified newspaper pursuant to W. Va. Code §59-3-2(a) in the county or counties where the utility is located no more than 10 days before the date of the hearing;

11.4.2.b. issuance of a press release; and

11.4.2.c. providing written notice by certified mail or registered mail to the utility under investigation; the Consumer Advocate Division; any proximate utility that was made a party to the proceeding; the county commission if the utility under investigation is a public service district; and the municipality if the utility is owned and operated by a municipality.

11.4.3. The Commission will, by Order, direct the utility under investigation to give notice to its customers of the time, place and subject matter of the hearing either as a bill insert or in print on its monthly bill statement or, if neither form of notice is reasonably possible, by a separate mailing.

11.4.4. Following the evidentiary hearing, the Commission shall enter an order stating whether the utility is a distressed or failing utility and identifying the capable proximate utilities, if any.

11.5. Alternative, intermediate remedies for distressed or failing utilities.

11.5.1. Before designating a utility as failing, the Commission must determine if one or more of these alternative remedial actions, is reasonable and cost effective for the distressed utility or the capable proximate utility:

11.5.1.a. reorganization of the utility under new management or a new board, subject to the approval of the applicable county commission(s) or municipal government;

11.5.1.b. operation of the distressed utility by another public utility or management or service company under a mutually agreed arms-length contract subject to approval by the Commission pursuant to W. Va. Code §24-2-12;

11.5.1.c. appointment of a receiver to manage the operations of the utility;

11.5.1.d. immediate merger of utility with one or more other public utilities, subject to the approval of the applicable county commission(s) or municipal government;

11.5.1.e. acquisition of the distressed utility through a mutual agreement made at arms-length subject to Commission approval pursuant to W. Va. Code §24-2-12; and

11.5.1.f. any viable alternative other than an ordered acquisition by a capable proximate utility.

11.5.2. The alternative remedial action or actions that may be ordered by the Commission are not mutually exclusive. The Commission may order an interim remedial action or actions pending subsequent final actions. The Commission may also order intermediate objectives within set time limits for certain actions and a time limit for achieving final objectives to remedy financial, managerial, or operating problems that are contributing to the utility being distressed or failing.

11.6. Commission ordered acquisition of a failing utility.

11.6.1. If the goals and objectives set by the Commission pursuant to Water Rule 11.5. are not met, the Commission may, without further hearing, determine that the utility is failing and direct an acquisition.

11.6.2. If the Commission determines that the utility is a failing utility and decides that it is in the public interest to forego any alternative remedial action, then the Commission may order the acquisition of the failing utility by the most suitable capable proximate utility, if there is more than one proximate utility.

11.6.2.a. If the distressed or failing utility is a public service district the Commission shall notify the respective county commission(s) with regard to the acquisition of the distressed or failing utility as provided in W. Va. Code §16-13A-2(a)(2).

11.6.2.b. If the distressed or failing utility is a municipal corporation, then the Commission shall notify the respective municipal council with regard to the acquisition of the distressed or failing utility as provided in W. Va. Code §8-12-17 .

11.6.3. If the Commission orders an acquisition, the Commission will provide a timeframe for the failing utility and acquiring utility to agree on acquisition terms, timing, and acquisition price.

11.6.4. Preceding the final acquisition, the Commission may order the capable proximate utility to assume control of the management and operations of the failing utility under a temporary management and operating agreement subject to Commission approval.

11.6.4.a. The Commission may direct a date for the filing of an agreement for Commission approval.

11.6.4.b. If the agreement is not filed when directed, the Commission may direct the capable proximate utility to file a proposed temporary management and operating agreement.

11.6.4.c. The failing utility may respond to the proposed agreement within the time limits set by the Commission,

11.6.4.d. The Commission may, without further filings or hearing establish the terms of an agreement, direct the capable proximate utility to immediately assume management and operations of the failing utility pending an acquisition and direct the failing utility to turn over its management and operations to the capable proximate utility.

11.6.5. Prior to acquisition, the failing utility shall cooperate with the capable proximate utility in negotiating agreements with state and federal agencies, including, but not limited to, negotiation of hold harmless agreements, consent orders or enforcement moratoria during any period of remediation.

11.6.6. The parties to an acquisition may propose to the Commission such methods of determining the acquisition price as they can support as being reasonable and in the public interest.

11.6.6.a. The acquisition price must, at a minimum, satisfy all outstanding loans, tax obligations, required grant repayment, liens and indebtedness owed by the failing utility or the acquiring utility may agree to assume the indebtedness if legally permitted.

11.6.6.b. The acquiring utility may propose to pay failing utility outstanding obligations directly, as part of the acquisition consideration, and shall consult with the lenders or lienholders regarding payment in full or the assumption, to the extent legally permissible, of such obligations.

11.6.7. If bondholder consent is required to finalize an acquisition, the failing utility must cooperate with the acquiring utility in obtaining the consent of bondholder(s).

11.6.8. The acquiring utility must submit a financing plan that includes documentation on how the failing utility’s indebtedness will be paid or assumed.

11.6.9. If the parties are unable to agree on an acquisition price or any other terms related to the acquisition within the time allowed by the Commission, the Commission may, on its own motion, or upon a petition by either the failing or capable proximate utility, conduct an evidentiary hearing to determine the acquisition price and any other issues related to the acquisition.

11.7. Rates pertaining to recovery of costs for acquisition, operation, repairs and improvements to distressed or failing utility facilities.

11.7.1. The acquiring utility shall propose the rates to be charged after acquisition.

11.7.2. Without a separate rate or tariff filing and without further notice to customers, the acquiring utility may adopt the rates of the acquired utility not subject to true-up but subject to adjustment in future rate proceedings.

11.7.3. The Commission may approve an appropriate and reasonable cost recovery mechanism to allow the capable proximate utility to recover its acquisition costs and projected cost of service of operating, maintaining and improving the facilities of the failing water or wastewater utility or its net costs incurred to operate, maintain and improve the distressed utility under a Commission approved operating agreement.

11.7.4. Subject to Commission approval in a separate rate or tariff proceeding, which shall be considered by the Commission on an expedited basis without the need for a full base rate proceeding the acquiring utility may request:

11.7.4.a. that it be permitted for a reasonable period of time after the date of acquisition to apply a surcharge on the adopted rates or to establish a surcharge on the acquiring utility’s tariff applicable only to customers of the acquired utility;

11.7.4.b. a surcharge or surcharges on acquired customers and existing customers;

11.7.4.c. that it be allowed to charge the customers of the acquired utility pursuant to a separate tariff which may be higher or lower than the existing tariff of the acquired utility; or

11.7.4.d. a surcharge on its existing customers related to its costs as a capable proximate utility.

11.7.5. Subject to Commission approval and other rate provisions of this rule, if requested by the acquiring utility, a cost recovery mechanism determined by the Commission to be appropriate, reasonable and in the public interest may include:

11.7.5.a. A surcharge above existing rates that allows recovery of incremental costs, net of recovery through existing rates necessary to operate, maintain and improve the failing utility’s service level to an acceptable level and into compliance with all applicable regulatory standards;

11.7.5.b. A rate base acquisition adjustment to private for-profit utilities as an incentive to acquire a failing utility;

11.7.5.c. An increased return on investment as an incentive to acquire a failing utility; or

11.7.5.d. Any other incentive method proposed by the acquiring utility if the method is determined by the Commission to be appropriate, reasonable and in the public interest.

11.7.6. Rate increments and surcharges, other than adoption of existing rates, approved by the Commission shall be subject to adjustment on an annual basis to reflect changes in costs, additional projected capital and operating costs and true-up of any over or under recoveries of costs.

W. Va. Code R. § 150-7-12 Inspection, Flow Testing, and Marking of Public Fire Hydrants

12.1. Scope. -- These rules govern the inspection, flow testing, and marking of public fire hydrants subject to the jurisdiction of the Public Service Commission pursuant to W. Va. Code §24-2-1r.

12.2. General.

12.2.1. These rules are intended to promote adequate service to the public and to provide standards for uniform practices for the inspection, flow testing, and marking of public fire hydrants.

12.2.2. Adoption of these rules in no way precludes the Commission from altering or amending them, in whole or in part, or from requiring any other or additional service, equipment, facility, or standard either upon complaint or upon its own motion, or upon the application of any utility.

12.2.3. These rules shall not relieve a utility from any of its duties under the laws of this State.

12.3. Other Code Provisions incorporated by reference into Water Rule 12.6. et. seq.

12.3.1. W. Va. Code § 8-19-22 “Identification requirement for fire hydrants that are inoperable or unavailable for use in emergency situations” (sometimes referred to as the “hydrant-bagging rule”).

12.3.2. Bureau for Public Health Standards. -- All extensions, service connections, and modifications to a utility’s plant must meet applicable design standards established by the West Virginia State Bureau for Public Health, in addition to these rules.

12.4. Implementation.

12.4.1. A utility shall, within twelve (12) months from the effective date of these rules, complete the annual inspection for each public fire hydrant, as provided in Water Rule 12.8 and detailed in Water Form No. 12. Thereafter, a utility shall inspect each hydrant on an annual basis.

12.4.2. A utility is required, within sixty (60) months from the effective date of these rules, to complete flow testing on each public fire hydrant. Thereafter, a utility shall flow test each public fire hydrant on a five-year basis.

12.4.3. A utility shall mark (color code) a public fire hydrant for identification pursuant to Water Rule 12.10 within thirty days of completing the required flow testing.

12.5. Applicability.

12.5.1. Water Rule 12.1. et. seq. apply to all regulated public water utilities that own, operate, and/or maintain public fire hydrants.

12.6. Practice Standards.

12.6.1. The editions of NPFA 291 and AWWA M17 defined herein shall remain in effect for the purposes of Water Rule 12.1. et. seq. unless the Commission orders otherwise.

12.6.2. Where a conflict exists between the requirements of NFPA 291 and/or AWWA M17 a utility may elect to use either standard. Upon selecting which standard to follow, the utility shall incorporate said provision into its hydrant program and shall apply such standard uniformly and consistently.

12.6.3. Where a conflict exists between the requirements of NFPA 291 and/or AWWA M17 and any requirement of these rules, the practice established by these rules shall apply.

12.7. Records, Reports and Other Information to be Supplied to the Commission.

12.7.1. A utility shall compile and maintain a complete record for each public fire hydrant on its system. A utility shall maintain a hydrant record for the entire life of a hydrant and shall keep the record current. At a minimum, a utility shall update a hydrant record annually following a hydrant inspection or more often in the event of flow testing, maintenance, damage, repair, removal, replacement, or other events.

12.7.2. A public hydrant record shall include, at a minimum, the following:

12.7.2.a. Hydrant Master Record. A hydrant master record containing hydrant identifier, manufacturer information, historical data, and a log of inspection, maintenance, and flow testing information. The hydrant master record must provide the location of a hydrant with specificity, including the GPS coordinates (latitude and longitude) of a hydrant, and a photo.

12.7.2.b. Annual hydrant inspection reports. A utility shall maintain a record of inspection in accordance with these rules. The annual hydrant inspection report shall provide all necessary information to verify that a utility inspected a hydrant fully in conformance with the procedures established in these rules and Water Form No. 12.

12.7.2.c. Hydrant maintenance reports.

12.7.2.d. Hydrant flow test reports (A sample flow test record is provided in Water Form No. 11.)

12.7.2.e. A log of all flow tests for a hydrant.

12.7.3. Hydrant Program -- A water utility shall have a comprehensive, written program detailing the inspection, flow testing, marking, and maintenance of public fire hydrants. This program shall include detailed procedures for conducting annual inspections and for maintaining all public hydrants owned by the utility. Inspection and maintenance procedures shall reflect the differences between the various types and manufacturers of hydrants. A sample copy of all hydrant inspection, testing, and maintenance logs and other records required by this rule shall be included in the program. The utility shall update and retain a master copy of its hydrant program in the utility's office.

12.7.4. Annual Reporting to the Commission -- A water utility shall provide the following information to the Commission as part of its Annual Report, using the forms included with these rules.

12.7.4.a. Number of public fire hydrants at the beginning of the year.

12.7.4.b. Number of public fire hydrants removed from service during the year. (See also, Water Rule 12.7.4.h.)

12.7.4.c. Number of public fire hydrants added during the year. (See also, Water Rule 12.7.4.h.)

12.7.4.d. Number of public fire hydrants at the end of the year.

12.7.4.e. Number of public fire hydrants inspected during the year.

12.7.4.f. Number of public fire hydrants flow-tested during the year.

12.7.4.g. Number of sub-standard (Class S) hydrants.

12.7.4.h. A utility is not required to report hydrants that are relocated and reinstalled in the vicinity of their original location.

12.8. Annual Inspection Requirements.

12.8.1. Inspection Procedure. For dry-barrel hydrants a utility shall follow the inspection procedure contained in Water Form No. 12. For any type of hydrant, other than the dry-barrel type, a utility shall follow the appropriate recommended practices contained in either AWWA M17 or the hydrant manufacturer’s recommended inspection procedure.

12.8.2. Frequency. A utility shall inspect a public fire hydrant:

12.8.2.a. At a minimum of once per year (annually).

12.8.2.b. After a utility is notified or becomes aware of hydrant use, damage, malfunction, or other event impacting the hydrant.

12.8.3. Location Data. A utility shall include in an annual hydrant inspection the GPS coordinates (Latitude and Longitude) of the hydrant. Hydrant coordinates shall be based upon the most accurate data available. If surveys or other more accurate hydrant location data are unavailable, GPS data from cell phones shall be used. GPS coordinate data shall be recorded on the annual inspection report and on the hydrant master record.

12.8.4. Hydrant Flushing. During performance of the annual inspection, a utility shall flow a hydrant at a rate sufficient to flush dirt and debris from the hydrant. A flow test is not required during each annual inspection.

12.8.5. Hydrant Photography. During an annual inspection, a utility shall digitally photograph a hydrant and include the photo with the annual inspection report.

12.8.6. Service and Repair of Out-of-Service Hydrants. A utility shall promptly service, maintain, repair or replace Out-of-Service fire hydrants. Hydrants shall be restored to service within ninety (90) days, unless a different time period for restoration has been approved by the Commission, or the utility shows good cause for delay.

12.8.7. Notification of Scheduled Inspections. Whenever feasible, a utility shall notify the local 911 Call Center at least 24-hours prior to conducting scheduled hydrant inspections. The participation of local fire departments is encouraged during hydrant inspection.

12.9. Flow Testing Requirements.

12.9.1. Flow-Testing Procedures. A utility shall have written flow testing procedures, which are substantially compliant with the procedures set forth in Water Form No. 13, as part of its comprehensive hydrant program.

12.9.2. Frequency. A utility shall flow-test a public fire hydrant, at a minimum, every five (5) years.

12.9.3. Whenever feasible a utility shall notify the local 911 Call Center at least 24-hours prior to conducting scheduled flow testing. The participation of local fire departments is encouraged during hydrant flow testing.

12.9.4. A utility shall provide reasonable notice to customers in those areas of the distribution system where flow testing is scheduled.

12.9.5. To evaluate the capacity of a single hydrant, a utility may perform flow on a single-hydrant basis using the same hydrant for the flowing, static and residual hydrant in accordance with Water Form No. 13 and established practices. Otherwise, flow testing may be conducted using multiple hydrants with one or more flowing hydrants and one static/residual hydrant.

12.9.6. Notification of Changes in Hydrant Status. A utility shall notify the local 911 Call Center within 24-hours of changes in hydrant classification, of deficiencies discovered during inspection or flow-testing, or upon receiving information adversely impacting hydrant condition or serviceability.

12.10. Marking Requirements.

12.10.1. A utility shall use the color code provided in Water Form No. 14 for all public hydrants.

12.10.1.a. The marking of fire hydrants is based on a flow test conducted at a single point in time. Water utilities are not in any manner insurers of property or persons by virtue of providing and labelling hydrants.

12.10.1.b. Marking (color coding) of hydrants – A utility shall mark a public hydrant by using one of the acceptable methods set forth by these rules.

12.10.1.b.1. A utility may mark a hydrant by painting the entire hydrant bonnet using an appropriate, high-quality, outdoor enamel. Nozzle caps may also be painted for color-coding purposes in addition to the bonnet, but is not required. 12.10.1.b.2 A utility may mark a hydrant by means of commercially available, high-visibility, reflective hydrant marking rings placed behind the cap of the largest nozzle on each hydrant. If all nozzles on a hydrant are of the same size, the reflective ring shall be placed so as to offer the best visibility.

12.10.2. For sub-standard hydrants (Class S) where flow testing indicates a flow less than 250 gpm, the hydrant color code shall be black with a clearly contrasting hydrant body color.

12.10.2.a. A utility is cautioned to differentiate the marking of hydrants that are out of service and marked as such pursuant to W. Va. Code § 8-19-22 (which requires that the hydrant either be covered with a bag or that it be painted entirely black) and the marking of sub-standard (Class S) hydrants which cannot provide fire flows of at least 250 gpm, but which remain in service pursuant to these rules and which are identified by painting the bonnet black or by using a black nozzle-marking ring.

12.10.3. Out-of-Service Hydrants.

12.10.3.a. A utility may mark an out-of-service hydrant by painting the entire hydrant black or by placing a heavy-duty, commercially available black bag, intended specifically as a hydrant cover, over the hydrant. Black plastic garbage bags of any type are not an acceptable substitute for a hydrant cover except in exigent circumstances.

12.10.3.b. Alternatively, for the purposes of these rules, a bag used to mark an out-of-service hydrant may be of a color other than black, provided that the bag is a heavy-duty, commercially available product intended as a hydrant cover and is clearly marked in easily visible, contrasting, pre-printed letters reading "OUT OF SERVICE", "NOT IN SERVICE" or similar language clearly indicating that the hydrant is not to be used.

12.10.4. A utility desiring to deviate from the marking requirements of these rules shall make application to the Commission for a temporary or permanent waiver. Provided, that an application for waiver will not be considered by the Commission unless a utility submits a full and complete justification for such action.

12.11. Penalties.

12.11.1. Penalties — A water utility that the Commission determines is not in compliance with these rules may be subject to penalties pursuant to the Commission's authority under W.V. Code §24-4-3. A monetary penalty may be modified by the Commission.

Water Form No. 1 (Water Rule 6.8.1.)

(Insert Company Name Here)

NOTICE OF SCHEDULED TERMINATION OF SERVICE

AND CUSTOMER RIGHTS

We have scheduled your water service provided at _________________________________________ (address) for termination on or after ___________________________________________________ (date).

This action has been taken for the following reason(s):

(Include reason and facts resulting in decision to terminate service).

If your service is terminated you may be subject to additional charges involving reconnect fees and deposit requirements in order to restore service.

(Include all applicable charges.)

YOU HAVE THE RIGHT TO CHALLENGE THE TERMINATION IF YOU BELIEVE ANY OF THE FOLLOWING CONDITIONS APPLY TO YOU:

1. Any portion of the bill is in dispute 2. You are being charged for service not received 3. The information above is incorrect 4. You are unable to pay the bill in accordance with the billing, and termination of service would be especially dangerous to the health or safety of a member of your household.

2. You are able to pay only installments If the reason for your challenge is 1, 2 or 3 above, you will have to pay any amount not in dispute. If the reason for your challenge is 4 or 5, we will attempt to negotiate a deferred payment agreement with you.

YOU MUST NOTIFY US BEFORE THE DATE OF TERMINATION IN ORDER TO PROTECT YOUR RIGHTS UNDER THIS RULE:

(Provide instructions for contacting the appropriate utility personnel by telephone and mail, including business hours)

You should also inform us if you are 65 years or older, or regardless of age, if you are physically, mentally, or emotionally incapacitated.

Once you have notified us of your challenge, we will schedule a meeting at the business office nearest to your residence and try to resolve your problem. At your option, the discussion of your challenge may be made over the telephone. IF YOU ARE NOT SATISFIED WITH OUR DECISION AT THIS MEETING, YOU WILL HAVE SEVEN DAYS IN WHICH TO FILE A CHALLENGE WITH THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA. You will be required to pay your current bill while the challenge is pending. There is no charge associated with filing a challenge and you may do so without the assistance of an attorney.

Water Form No.1 Water Form No.1 To file a challenge with the PSC, you may call this toll free telephone number 1-800-642-8544 or write to this address:

Utility Challenge Public Service Commission of West Virginia P. O. Box 812 Charleston, W. Va. 25323 If you are in need of assistance to pay your bill, you should contact the following agencies: (List agencies in service area).

If you desire the assistance of a lawyer with regard to the scheduled termination and are unable to pay for legal counsel, contact one of the following low income legal assistance organizations: (List agencies in service area).

Water Form No. 2 (Water Rule 6.8.1.h.)

NOTICE OF SCHEDULED TERMINATION

We have scheduled water service provided at ______________________________________________ (address) for termination on or after _______________________ because of your landlord’s delinquent water bill.

(Date)

To notify the Public Service Commission, you may call this toll free telephone number, 1-800-642-8544, or write to this address:

Public Service Commission of West Virginia P.O. Box 812 Charleston, WV 25323 If you desire the assistance of a lawyer with regard to the scheduled termination and are unable to pay for legal counsel, contact one of the following low income legal assistance organization: (List agencies in service area).

Water Form No. 3 (Water Rule 6.13.4.)

PUBLIC NOTICE OF FILING OF A PETITION

FOR THE IMPOSITION OF A MORATORIUM

Case No. __________________________ NAME OF UTILITY ________________ , a public utility.

Petition for consent and approval for the imposition of a moratorium on the utility system.

PUBLIC NOTICE

On _____________________________, the ______________________________________________ (Date) (Name of Utility, Commission Staff, or governmental entity) filed a petition with the Public Service Commission for approval of the imposition of a moratorium on _________________________________‘s __________________________________system serving [name of utility] [water, sewer, or other] system serving _________________________________. If approved, the moratorium would mean that (describe areas served) no new customers could be served by the utility in these areas until the Commission lifts the moratorium.

The _____________________________claims that the imposition of a moratorium is appropriate because (name of petitioner) ______________________________________________________________________________[describe reasons and describe any plans to alleviate the circumstances giving rise to the petition, and any estimate of a date when it would be appropriate for the Commission to lift the moratorium.]

Any person wishing to protest, support, make comment, or request a public hearing about the proposed moratorium should do so in writing. Written statements should be addressed to the Executive Secretary, Public Service Commission, P.O. Box 812, Charleston, WV, 25323.

NAME OF UTILITY

Water Form No. 4 (Water Rule 7.5.5.b.)

Form of written request for service by a prospective customer or a group of prospective customers located in the same neighborhood Water ( ) Water and Sewer ( )

Previous Customer ( ) If so, when __________________________________________ New customer ( )

Name ________________________________________________________________________________ Mailing address ___________________________________________ Phone _______________________ Property location _______________________________________________________________________ Rent ( ) Own ( ) Other ________________________________________________ If rent: Property owners name _____________________________________________________________ Property owner’s mailing address ______________________________ Phone ______________________ Type of service: Residential ( ) Number in household ______________________ Commercial ( ) Type __________________________ Industrial ( ) Type __________________________ Applicant’s place of employment __________________________________________________________ Employment address _________________________________________ Phone _____________________ Name of spouse ________________________________________________________________________ Spouse’s place of employment ____________________________________________________________ Spouse’s employment address _________________________________ Phone _____________________ I HEREBY AUTHORIZE SERVICE TO BE ESTABLISHED IN MY NAME AT THE ABOVE PROPERTY LOCATION AND AGREE TO PAY FOR SERVICE UNTIL DISCONTINUED BY MY REQUEST IN WRITING. I UNDERSTAND THAT THIS APPLICATION IS ACCEPTED SUBJECT TO THE AVAILABILITY OF SERVICE AT THIS LOCATION.

Applicant’s signature ___________________________________________________________________ Date _________________________________________________________________________________ Utility representative _____________________________________ Date ______________________ Water Form No. 4 For office use only Name ________________________________________ Account No. _____________________________ Applicant ID ___________________________________________________________________________ Deposit amount ________________________________ Tap fee amount ___________________________ Meter Size ____________________________________ Meter No. _______________________________ Meter Route __________________________________ Meter reading ____________________________ Date on ______________________________________ Date off _________________________________ Customer request ( ) Termination ( )

Water Form No. 5 (Water Rule 7.5.5.b.)

Form for use in determining cost estimate to extend water service Date _______________________________ The following estimate is in response to a request to extend the Utility’s water facilities approximately ___________________feet along ______________________________________________________ to serve a customer or customers who desire water service.

Cost Estimate Water line ( - inch PVC) ____________________ feet @ $_________ /foot = $_________ Excavation/installation_______________________ feet @ $_________ /foot = $_________ Materials (fittings, valves, stone, etc.) = $_________ Permits/rights-of-way (Health, Highways, etc.) = $_________ Restoration (seeding, gravel, etc.) = $_________ Related cost (engineering, legal, etc.) = $_________ TOTAL = $_________ Cost Share of Customers and Utility A. Total estimated cost of extension $______________ B. Utility Share: (estimated total net revenue per customer calculated pursuant to Rule paragraph 5.5.e.4.) $_________ per customer x _________ customers = $_________ C. Customer share: estimated cost to be paid by customers (A-B) = $_________ Conditions If the potential customers shall deposit with the Utility, in advance, the total sum of $___________ (customers share from “C” above), a tap fee of $_______ per customer, and a $_______ security deposit per customer, the Utility will apply for the necessary permit applications and begin construction as soon as possible.

If the actual cost to construct the extension is less than the estimated cost, the Utility will refund the difference to the original depositors. If the actual cost exceeds the estimated cost the Utility will bill the depositors for the difference.

The customers will be required to sign an application for service and/or a users agreement when the tap fees and deposits are made.

This main line extension estimate is made in accordance with Rule 7.5. of the Rules for the Government of Water Utilities.

Water Form No. 6 (Water Rule 7.5.5.b.)

Form of cost estimate to be provided to applicants for service Dear Customer:

We have received a petition for a water main extension and have estimated the construction cost to extend the main to serve the properties of the _____(insert number) petitioners. This estimate is summarized below:

Water _________ feet at $__________ / foot _________ Excavation/Installation ____________ feet at $______ / foot _________ Materials (fittings, valves, stone, etc.) __________ Permits/Rights-of-way (Health, Highways, etc.) __________ Restoration (seeding, gravel, etc.) __________ Related Cost (engineering, legal, etc.) __________ Total Estimated Extension Construction Cost __________ Minus Utility’s Share (estimated total net revenue per customer pursuant to Water Rule 7.5.5.d.) __________ Estimated Cost to be Paid by Customers __________ Estimated Cost per Customer __________ When the “customer’s share” referenced above is deposited with the Utility, the Utility will apply for the necessary permit applications and begin construction as soon as possible. If the actual cost to construct the extension is less than the estimated cost, the Utility will refund the difference to the original depositors. If the actual cost exceeds the estimated cost, the Utility will bill the depositors for the difference. This difference must be settled before service can actually be connected.

All customers will be required to sign an extension agreement and an application for service and/or a users agreement and pay a tap fee of $______ , and a security deposit of $_______prior to receiving service. The security deposit is refunded with interest following twelve consecutive months of full and timely payments for services rendered.

The estimated start date of construction is ____________________________.

The estimated duration of construction is __________days.

Should you have any questions, you may contact _______________at ____________between 9:00 a.m. and 4:00 p.m., Monday through Friday.

Sincerely, Water Form No. 7 (Water Rule 7.5.8.g.)

Form of Commission Check-List for Alternate Main Extension Agreements This form sets forth the minimum amount of information that should be included in a proposed alternate main extension agreement. □ 1. Name of developer, mobile home park owner or prospective customers(s). □ 2. General location or description of area to be served. □ 3. Indication that the developer, owner or prospective customer(s) has/have read Water Rule 7.5., Sewer Rule 7.4., or both. □ 4. Indication that the developer, owner or prospective customer(s) understand(s) the Rules. □ 5. Having read and understood the Rules, the developer, owner or prospective customer(s) choose(s) to enter into the alternate main line extension agreement. □ 6. If the developer, owner or prospective customer(s) waive(s) reimbursement, the agreement should contain the waiver. □ 7. A copy of the applicable Rule(s) must be attached to the agreement. □ 8. A statement as to who will bear the cost of inspection, if any. □ 9. If the customer is to bear the cost of inspection, a statement of the maximum amount of the cost of inspection. □ 10. If the developer, owner or prospective customer(s) wish(es) to waive the right of receiving an estimate of the cost of the extension if constructed by the utility, a statement reflecting the waiver. □ 11. A statement as to the type of testing to be required. □ 12. A statement as to who will bear the cost of testing, if any. □ 13. If the customer is to bear the cost of the testing, a statement of the maximum amount of the cost of the testing. □ 14. A statement as to who will install the service connections. □ 15. If the developer, owner or prospective customer(s) is/are to install the service connections, a statement that the utility will not charge a tap fee. □ 16. A statement that the tap fee, if any to be charged, is the approved tap fee in the utility’s tariff.

Water Form No. 7 □ 17. A statement that the utility is to be indemnified and held harmless against any and all claims for injuries and/or damages which may arise from problems associated with the construction of the extension by the developer, owner or prospective customer(s). □ 18. A statement that the ownership of the extension will be conveyed to the utility prior to its connection to the utility’s system. □ 19. A statement indicating who will be responsible for preparing the plans for the extension. □ 20. If the developer, owner or prospective customer(s) is/are to be responsible for the preparation of the plan for the extension, a statement that the developer, owner or prospective customer(s) will provide plans to the Staff of the Public Service Commission if required. □ 21. The number of prospective customers to be served by the extension, the number of lots to be served, or some other general indication of the size of the area to be served by the extension. □ 22. If the initial cost estimate has not been waived, the estimate must be set forth in the agreement. □ 23. A warranty indicating that the developer, owner or prospective customers will warrant the system for a period of one year after completion of the construction, or after system is placed into service. □ 24. The agreement should not be executed before being sent to the Commission for approval. □ 25. A statement as to who will obtain and pay for necessary permits. □ 26. A statement as to who is responsible for the cost of the construction. □ 27. A statement as to who is responsible for the cost of the material. □ 28. A statement describing the extension, including length, diameter and any major components such as fire hydrants, etc.

NOTE: A paragraph such as “The Developer/Customer waives his rights under paragraph 7.4 or 7.5 of the Commission’s Rules” will not be acceptable as a catch-all for the requirements listed above. Each item must be addressed in the agreement.

Water Form No. 8 (Water Rule 10.3)

PUBLIC SERVICE COMMISSION

OF WEST VIRGINIA

CHARLESTON

At a session of the Public Service Commission of West Virginia, in the City of Charleston, on the ___ day of [month], [year]. [ Case No.] [ Case Name]

NOTICE OF FILING

On [date], the [name of party] filed a petition for consent and approval to [type of creation/alteration] the boundaries of the [description of area to be created, enlarged, reduced, merged, dissolved or consolidated] pursuant to W. Va. Code §16-13A-2. A complete description of the boundaries is on file with the [identify entity with which information is filed (for example, county commission and/or public service district)] and the West Virginia Public Service Commission.

Anyone desiring to protest or intervene should file a written protest or notice of the intervention within 30 days following the date of this publication. All protests or requests to intervene should briefly state the reason for the protest or intervention. Requests to intervene must comply with the Commission’s rules on intervention, set forth in the Commission’s Rules of Practice and Procedure. All protests and interventions should be addressed to Executive Secretary, P. O. Box 812, Charleston, West Virginia 25323. If no substantial protest is filed, the Commission may approve the County Commission’s Order without hearing. [Name of Party]

Water Form No. 9 (Water Rule 8.6.2.)

(Front)

QUALIFICATION CARD FOR WATER METER TESTER

Name ______________________________________ Age _____________ Date _________________ Address ______________________________________________________________________________ Title _________________________________________________________________________________ Employer _____________________________ Shop Location __________________________________ Supervisor-Name _______________________________ Title __________________________________ GENERAL EXPERIENCE Type of Work Company Years __________________________ _________________________ __________________________ __________________________ _________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ *METER EXPERIENCE Type Meter Nature of Work Company Years Testing ______________________________________________________________ Disc or Displacement ______________________________________________________________ Current ______________________________________________________________ Compound ______________________________________________________________ Fire Protection ______________________________________________________________ Testing & Repairing- ______________________________________________________________ Disc ______________________________________________________________ Current ______________________________________________________________ Compound ______________________________________________________________ Fire Protection ______________________________________________________________ Remarks:___________________________________________________________________________________________________________________________________________________________________ *State, under remarks, in detail the type or kind or work done on meters.

Should this application be approved, I will test all water meters in accordance with the Rules for the Government of Water Utilities of the Public Service Commission of West Virginia, and will not seal or approve for installation any meter that does not meet all of the requirements of the Rules for the Government of Water Utilities. ______________________________________________________ Signature (Back of Water Form No. 9)

CERTIFICATE BY RESPONSIBLE REPRESENTATIVE OF THE UTILITY

I, ___________________________________, _____________________________________of the (Name) (Title) ______________________________________ certify that I have read the questions and answers on this (Water Company) card, relative to the experience of ________________________________________ and that they are true (Name of Employer) and correct to the best of my knowledge and belief. I further certify that the above employee is competent to test and repair ______ (Disc) _______ (Current) _______ (Compound) meters and will, faithfully and honestly discharge the duties of meter tester. _______________________________________________________ Signature TO BE FILED BY THE PUBLIC SERVICE COMMISSION The above employee has been authorized to test Water Meters as shown below:

Testing and Testing Repairing Disc ______________________________ _________________________________ Current ______________________________ _________________________________ Compound ______________________________ _________________________________ _________________________________________ PSCWV Employee _________________________________________ date Water Form No. 10 (Water Rule 8.6.2.)

(Front)

WATER METER TESTER’S CARD

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA

Charleston, West Virginia No. _________________________ Date_______________________________________________ ____________________________________________________________________________________ Name of Employee is hereby authorized to test and repair the following type or types of water meters:

Testing Testing and Repairing Disc _____________________________ _________________________________ Current _____________________________ _________________________________ Compound _____________________________ _________________________________ Utility _____________________________ _________________________________ Shop Location _____________________________ _________________________________ ___________________________________________ PSCWV Employee (over)

(Back)

This card must be returned to the Public Service Commission of W. Va. by the __________________________ when __________________________ leaves the employee of the company or ceases to serve as meter tester.

Water Form No. 11 (Water Rule 12.7.2.d.)

SAMPLE FLOW TEST RECORD

Utility Name: ________________________________________________________________ Location/Address: ________________________________________________________________ ________________________________________________________________ Date: ___________________________ Time: __________________________ Size of Main Line: ______________________ Dead-End or Looped: ________________________ Location of:

Residual Hydrant: _______________________ GPS Coordinates: Lat __________________ Long __________________ Flow hydrant A: ________________________ GPS Coordinates: Lat ___________________ Long ___________________ Flow hydrant B: ________________________ GPS Coordinates: Lat ___________________ Long ___________________ Test Results Test No.

No. of Outlets Orifice Size (in)

Orifice Coefficient Residual Pressure Pitot Pressure Flow (gpm)

Comments Calculated results @ 20 psi: __________________________________ Certified by: ______________________________________________ (Signature)

Date: ___________________________________________________ Water Form No. 12 (Water Rule 12.8.)

HYDRANT INSPECTION PROCEDURE (DRY-BARREL)

1. Hydrant Appearance.

Remove obstructions around the hydrant Paint/mark the hydrant if needed Check the hydrant's clearance from the surface of the ground. If the hydrant needs to be raised or lowered due to surface changes then ensure the work is performed or scheduled.

2. If the hydrant is a traffic model, check the breakaway device for any damage.

3. Remove one outlet-nozzle cap and use a listening device to check for main valve leaks.

4. Check for the presence of water or ice in the hydrant barrel by use of a plumb-bob or other suitable means.

5. Attach a section of fire hose or other deflector to protect the street, traffic, and private property from water expelled at high velocity.

6. Open the hydrant and flush to remove foreign material from the interior and lead.

7. Close the hydrant.

Remove the deflector and check the operation of the drain valve by placing the palm of one hand over the outlet nozzle.

Drainage should be sufficiently rapid to create noticeable suction.

For no-drain hydrants, pump the water from the barrel.

8. Using a listening device, check the main valve for leakage.

9. Replace the outlet-nozzle cap. Leave it loose enough to allow air to escape.

10. Open the hydrant only a few turns. Allow air to vent from the outlet-nozzle cap.

11. Tighten the outlet-nozzle cap.

12. Check hydrant lubrication.

Open hydrant fully, check for ease of operation.

Check for hard-water buildup on the threads or stem threads.

Check for stuck packing and bent stems.

13. With the hydrant fully open, check for leakage at flanges, around outlet nozzles, at packing or seals, and around the operating stem. Repair as needed.

14. Partially close the hydrant so the drains open and water flows through under pressure for approximately 10 seconds, flushing the drain outlets.

15. Close the hydrant completely. Back off the operating nut enough to take pressure off of the thrust bearing or packing.

Water Form No. 12 Remove all outlet-nozzle caps, clean the threads, check the condition of the gaskets, and lubricate the threads. Check the ease of operation of each cap.

Check outlet-nozzle cap chains or cables for free action on each cap. If the chains or cables bind, open the loop around the cap until they move freely. This will keep the chains or cables from kinking when the cap is removed during an emergency.

Replace the caps. Tighten them, and then back off slightly so they will not be excessively tight. Leave them tight enough to prevent their removal by hand.

Check the lubrication of operating-nut threads. Lubricate per the manufacturer's recommendations.

Locate and exercise the auxiliary valve. Leave it in the open position.

If the hydrant is inoperable, bag it and notify the local 911 Call Center. Schedule the hydrant for prompt repair.

Water Form No. 13 (Water Rule 12.9.)

HYDRANT FLOW-TESTING PROCEDURE

1. Determine location and select the flow hydrant(s) for testing. Make notifications as required by these rules.

2. Determine number of flow hydrants:

This will depend on the flows required, and/or the strength and capacity of the local distribution system.

The number of flow hydrants should be sufficient to achieve a drop in residual pressure, measured at the residual hydrant, of at least ten (10) percent of the static pressure.

Where the system pressure and flows may increase due to pump operation during testing, an artificial drop in the static pressure of ten (10) percent may be necessary for theoretical supply curve calculations.

3. For multiple-hydrant tests:

Designate one hydrant as the residual hydrant:

This is where the static pressure will be observed during static conditions (all other flow hydrants closed) and residual conditions (all other test hydrants flowing).

The residual hydrant should be located such that it is positioned between the flow hydrant(s) and that portion of the distribution system which supplies fire flows to the immediate area.

4. For single-hydrant tests:

The same hydrant serves as both residual and flow hydrant.

Static and residual pressures are measured at one of the 2 1/2" nozzles on the hydrant.

A separate 2 1/2" nozzle on the same hydrant should be used for flow measurement.

5. Flow-test procedure:

Slowly open each hydrant or hydrants used in the test and flush them individually to remove debris or sediment that may damage the pressure gauge or flow instruments.

Attach a pressure gauge to one of the 2.5-inch outlets on the residual hydrant.

Open the cock on the gauge piping.

Slowly open the residual hydrant to the full-open position.

Once all air is vented from the barrel, close the vent cock on the gauge piping.

Record the static pressure reading when the pressure gauge needle is stabilized.

For each flow hydrant to be used - measure and record the identification of the outlet nozzle from which the flow is measured. The identification measurement is taken to the nearest 1/16 inch. Note the type of outlet (e.g. smooth-and-rounded, square-and-sharp, sharp-and-projecting, etc.) for calculation purposes.

Install one pitot tube with a pressure gauge to each flow hydrant. Alternative flow measurement methods, other than pitot tubes, may be used provided that they give flow measurement results equal in accuracy to the pitot tube method.

Slowly open the flow hydrant. If multiple flow hydrants are being used, slowly open each flow hydrant one at a time. While opening flow hydrant(s) always observe the residual pressure drop. Under no circumstances should the residual pressure be allowed to fall below 20 psi.

When the flow hydrant(s) are flowing, allow enough flow to remove debris and sediment.

Water Form No. 13 Record the pitot pressure of each flow hydrant(s) while simultaneously recording the pressure at the residual hydrant, I. To ensure accurate results, the pressure drop between the static and residual pressures should be at least ten percent (10%) of the static pressure.

m. After recording all readings, close each flow hydrant slowly, one at a time.

6. Determine the flow rate.

The formula to calculate the flow rate Q (gpm) is as follows:

Q = 29.84cd2 p Where: Q = flow (gpm) c = coefficient of discharge* d = diameter of flow hydrant outlet (inches) p = pitot pressure (psi) *The following general values are used for the coefficient of discharge based on the outlet types:

Smooth and rounded c = 0.90 Square and sharp c = 0.80 Square and projecting into barrel c = 0.70 When using flow tubes/straighteners c = 0.95 (or known value)

In situations where the pressure drop between static and residual pressures is less than the desired pressure drop, the calculated flow rate at the desired pressure is as follows:

Where: = flow predicted at desired residual pressure (gpm) = total flow measured during test (gpm) = pressure drop to desired residual pressure* (psi) = pressure drop measured during test (gpm) * For the purposes of marking, hydrants are rated at a residual pressure of 20 psi.

Water Form No. 14 (Water Rule 12.10.)

HYDRANT MARKING CODE

All public hydrants shall be marked (color coded) in accordance with their capacity at 20 psi residual pressure pursuant to the table below.

Hydrant Classification Hydrant Capacity (GPM)

Color Code AA > 1,500 Light Blue A 1,000 — 1,499 Green B 500 - 999 Orange C 250 - 499 Red S* <249 Black* *Sub-standard (Class S) hydrants are a special class of hydrants established by these rules. They shall be identified by painting only the bonnet black or by using a black nozzle-marking-ring. To avoid confusion with Out-of-Service hydrants, do not paint sub-standard (Class S) hydrants entirely black.

Series 08 Rules And Regulations For The Government Of Railroad Safety And Sanitation

W. Va. Code R. § 150-8-1 General

1.1. Scope. -- The rules hereinafter set forth do not purport to be all inclusive and are in addition to and not in derogation of any previous orders of the Commission pertaining to railroad safety and sanitation. These rules govern the provision, construction and maintenance of sanitation and shelter facilities for railroad company employees, pursuant to W. Va. Code §24-2-1; provided, however, that these rules are not applicable to sanitary facilities on locomotives and cabooses, including shoving platforms.

1.2. Authority. -- W. Va. Code §§24-1-1, 24-1-7, 24-2-1 and 24-2-2.

1.3. Filing Date. -- January 17, 2012.

1.4. Effective Date. -- March 19, 2012.

1.5. Applicability. -- The following rules shall apply to all Public Utilities operating railroads, in whole or in part within the borders of the State of West Virginia, and to all persons employed by such corporations and performing their work in the State of West Virginia, except in cases in which the Commission shall otherwise order; provided, however, that these rules are not applicable to sanitary facilities on locomotives and cabooses, including shoving platforms.

Every company to which these rules apply shall cause to be provided and maintained for its employees the sanitation and shelter specified and required by these rules, or any subsequent Orders or amendments thereto issued by the Commission.

1.6. Definitions -- For the purpose of these rules, the following definitions shall govern:

1.6.a. Bunk or Section House: Any building or portion thereof, excepting a family dwelling, in which persons employed by railroad companies are furnished sleeping or living accommodations.

1.6.b. Camp Car: Any sleeping, dining, kitchen, recreation car or cars or house trailer or camp trailers, on or off rail, furnished for the use of employees.

1.6.c. Commission: The Public Service Commission.

1.6.d. Company: A common carrier railroad as an employer.

1.6.e. Dressing Room: A room used by employees either as a dressing room or as a rest room, or for both purposes.

1.6.f. Drinking Water: Water from a supply under the jurisdiction of a health authority.

1.6.g. Employee: Any person employed by a company to which these rules apply.

1.6.h. Health Authority: A public health authority having jurisdiction.

1.6.i. Locomotive: Each motive power unit operated singly or in multiples.

1.6.j. Number of employees: Unless otherwise specified, the average number of employees employed on any one shift.

1.6.k. Railroads: Common carrier railroads.

1.6.l. Regularly: Unless otherwise specified, at least five (5) days per week, one (1) shift per day.

1.6.m. Signal Headquarters: A place where signal employees are regularly required to be and remain on duty during their shift.

1.6.n. Station: A facility where freight or passenger traffic is ordinarily received and delivered.

1.6.o. Switching service: Moving cars from one track to another track or to different positions on the same track. It includes the moving of cars in the make-up and break-up of trains; also moving of cars on industrial switching tracks or interchange tracks, and the general movement of cars within terminals or at junctions.

1.6.p. Terminal: A facility where engine and train crews in yard and train service and switchmen, switchtenders, maintenance of way employees, signal employees, car clerks, or other company employees are required to report for or be relieved from duty.

1.6.q. Toilets: Fixtures such as flush, chemical, dry hopper toilets, or privies for the purpose of defecation, unless otherwise specified.

1.6.r. Usual Place of Employment: The place where an employee works with a reasonable measure of continuity.

1.6.s. Yard: A group of tracks used for the making or breaking up of trains or classification of cars.

1.7. Drinking Water -- General Requirements:

1.7.a. Where water is supplied by the railroads for cooking and drinking purposes under these rules, it shall, where and when available, be from a public supply under the jurisdiction of a state Department of Health. Water supplied from a private supply shall meet the standards for drinking and human consumption of a state Department of Health.

1.7.b. An adequate supply of drinking water shall be made available to all employees as herein provided.

1.7.c. Where drinking water is supplied, suitable sanitary containers shall be used, conveniently placed for the use of employees, but not in toilet rooms. Each container shall be equipped with a sanitary fountain, faucet or other dispenser.

1.7.d. All containers used to furnish drinking water shall be thoroughly cleansed as often as is necessary to assure a sanitary and palatable drinking water supply.

1.7.e. The common drinking cup is prohibited. Either single service containers or drinking fountains with sanitary angle head shall be used in lieu thereof.

1.8. Drinking Water -- Required Locations:

1.8.a. Running Facilities: Drinking water containers shall be provided, and drinking water shall be available for use on the following equipment when in use:

1.8.a.1. All locomotives.

1.8.a.2. Baggage cars (when employees are required to work en route) unless other facility is reasonably available.

1.8.a.3. Cabooses.

1.8.a.4. Camp cars.

1.8.b. Stationary Facilities: Drinking water, according to the foregoing specifications, shall be available if employees are on duty regularly for periods of time long enough to make such facility reasonably necessary, at the following locations:

1.8.b.1. All terminals.

1.8.b.2. All yard offices.

1.8.b.3. All stations where a public water supply is locally available (except where water is otherwise reasonably accessible).

1.8.b.4. All shops and engine rooms.

1.8.b.5. All signal or section headquarters in terminals and all bunk or section houses where an approved supply is locally available.

1.8.b.6. All lunch rooms operated by railroad on railroad property.

1.8.b.7. Camp cars.

1.9. Toilets -- General Requirements:

1.9.a. Where running water and sewer or septic tank connections are reasonably available, flush-type toilets and urinals shall be maintained as hereinafter set forth.

1.9.b. Chemical toilets or privies may only be used when it is impractical to install inside toilet and urinal facilities.

1.9.c. All permanent privies shall be constructed and maintained so that there will be no cracks or open spaces in that portion of the superstructure between the seat and floor or between the floor and the pit, vault, or space where the cans are kept. Every privy shall be provided with a door and such door shall be self-closing. The lids over the seats shall be so constructed as to fall into closed position when the seat is not occupied. The pit, vault or space where the cans are kept shall be ventilated to the outside air by means of a stack protected at its Outlet end by screens. Individual seats shall be provided in accordance with the ratio hereinafter set forth.

1.9.d. Every flush toilet shall have a rim flush bowl or be so constructed as to prevent the accumulation of fecal matter on the bowl. The bowl shall be constructed of vitrified glazed earthenware, enameled metal, or other smooth finished material, impervious to moisture. No pan, plunger or washout water closets are permitted except that pan or double-pan types are permitted for running facilities. Every flush toilet shall have a separate hinged seat, made of a material other than metal, which does not absorb moisture or which shall be finished with varnish or other substances resistant to moisture.

1.9.e. Every urinal shall be made of vitrified glazed earthenware, enameled metal, or other smooth finished material, impervious to moisture. Every urinal shall be flushed from a water supplied tank or through a flush valve. Water may be allowed to run continuously over trough urinals. Slab urinals are not permitted.

1.9.f. Rule 1.9 is not applicable to locomotives and cabooses, including shoving platforms.

1.10. Toilets -- Specifications:

1.10.a. Separation: No toilet room shall be connected with any room in which meals are taken, unless separated from said room by a self-closing door, maintained in operating condition. Separate toilet facilities shall be provided for each sex, whenever practicable, and each toilet room shall be plainly marked as such.

1.10.b. Compartments: Each water closet in toilet rooms containing more than one water closet, together with one or more urinals, shall be in individual compartments.

1.10.c. Ventilation: Every toilet room shall be adequately ventilated.

1.10.d. Lighting: All toilet facilities shall be provided with adequate lighting, where power is available.

1.10.e. Heating: Except privies, chemical and dry hopper toilets, every toilet room shall be kept adequately heated.

1.10.f. Screens: All outside windows, ventilators, and other outside openings, shall be screened. Toilet rooms shall be kept free of insects and vermin, insofar as possible.

1.10.g. Rule 1.10 is not applicable to locomotives and cabooses, including shoving platforms.

1.11. Toilets -- Number Required:

1.11.a. Adequate toilet facilities, conveniently located, shall be provided for all employees and for each sex, whenever practicable. Such facilities shall be maintained in a usable and sanitary condition at all times.

1.11.b. The following table shall be used as a guide in determining the adequacy of toilet facilities:

Number of Employees Minimum Number of Facilities 1 to 10 persons 1 toilet 11 to 25 persons 2 toilets 26 to 49 persons 3 toilets 50 persons or over 4 toilets + 1 toilet for each 25 additional persons or fraction thereof over

1.11.c. Whenever urinals are provided, one urinal may substitute for one toilet, provided the number of toilets shall not be reduced to less than two-thirds (2/3) of the number shown in the foregoing table.

1.11.d. Supplies: An adequate supply of toilet paper with holder shall be supplied by the employer for each toilet.

1.11.e. Sanitary Napkins: In all toilet rooms used by women, the Company shall permit the installation of dispensing machines for sanitary napkins. Covered receptacles shall be provided for the disposal of such napkins.

1.11.f. Rule 1.11 is not applicable to locomotives and cabooses, including shoving platforms.

1.12. Toilets -- Location of:

1.12.a. Running Facilities:

1.12.a.1. Baggage cars, when employees are required to work en route and no other facilities are available.

1.12.a.2. Camp cars, when no other toilet is available.

1.12.b. Stationary Facilities: Toilets, according to the foregoing specifications, shall be available if employees are on duty regularly for periods of time long enough to make such facility reasonably necessary at the following locations:

1.12.b.1. All terminals.

1.12.b.2. All yard offices.

1.12.b.3. All stations (except where other facilities are otherwise reasonably accessible).

1.12.b.4. All engine houses and shops.

1.12.b.5. All signal or section headquarters in terminals and all bunk or section houses.

1.12.b.6. Camp cars, when no other toilet is available.

1.12.b.7. Crossing watchman locations, where practicable, and where such facilities are not otherwise readily and conveniently located.

1.12.b.8. Other locations where switchtenders, yardmen, trainmen, and other railroad employees report for or are relieved from duty.

1.13. Washing Facilities -- General Requirements:

Adequate facilities for maintaining personal cleanliness shall be provided for all employees as hereinafter specified. The same shall be convenient for the employees for whom they are provided and shall be maintained in a sanitary condition by the Railroad Companies. Rule 1.13 is not applicable to locomotives and cabooses, including shoving platforms.

1.14. Washing Facilities -- Specifications:

1.14.a. Wash basins or lavatories shall be made of vitrified glazed earthenware, vitreous enameled metal, or other smooth finished material, impervious to moisture.

1.14.b. Twenty-four (24) inches of trough or circular wash basin shall be considered the equivalent of one wash basin. The trough or circular wash basin shall not be equipped with a plug or stopper.

1.14.c. Spring-closing hand-operated faucets are prohibited in trough basins or circular basins.

1.14.d. Rule 1.14 is not applicable to locomotives and cabooses, including shoving platforms.

1.15. Washing Facilities -- Number Required:

1.15.a. The following table shall be used as a guide in determining the adequacy of washing facilities:

Number of Employees Minimum Number of Facilities 1 to 10 persons 1 basin 11 to 24 persons 2 basins 25 to 49 persons 3 basins 50 persons or over 4 basins + 1 basin for each 25 employees or fraction thereof over 75

1.15.b. At least one (1) wash basin shall be located convenient to each toilet room.

1.15.c. Rule 1.15 is not applicable to locomotives and cabooses, including shoving platforms.

1.16. Washing Facilities -- Location of:

1.16.a. Running Facilities: Baggage cars (where employees are assigned for work en route and no other facilities are available).

1.16.b. Stationary Facilities:

Washing facilities, according to the foregoing specifications, shall be available, if employees are on duty regularly for periods of time long enough to make such facility reasonably necessary at the following locations:

1.16.b.1. All terminals.

1.16.b.2. All yard offices.

1.16.b.3. All engine houses and shops.

1.16.b.4. All signal or section headquarters in terminals and all bunk or section houses where an approved supply of running water is locally available.

1.16.b.5. Places convenient to lunch rooms, designated as such.

1.16.b.6. Camp cars, when no other washing facility is available.

1.16.b.7. Other locations where switchtenders, yardmen, trainmen, and other railroad employees report for or are relieved from duty.

1.16.c. Supplies:

1.16.c.1. Water shall be available and hot water shall be supplied at all terminals, yard offices, engine houses and shops.

1.16.c.2. Mechanical drying facilities, including mechanical roller towel, or individual towels, either paper or cloth, shall be provided. (The use of common towels is prohibited).

1.16.c.3. Waste receptacles shall be provided for used towels and other discardable materials.

1.16.c.4. Soap, or wet or dry chemical hand cleaner, or other suitable cleansing agent shall be supplied.

1.16.c.5. All supplies shall be adequate to meet the needs for which they are intended, and shall be maintained by the employer.

1.17. Showers -- General Requirements:

1.17.a. Showers shall be required when, in the judgment of this Commission, such facilities are necessary at specified locations to protect employees whose work involves exposure to poisonous, infectious or irritating material or to excessive dirt, heat fumes or vapors or other materials or substances injurious to health.

1.17.b. Such shower facilities shall be provided in conjunction with adequate and necessary lockers or dressing room facilities.

1.17.c. Showers shall be maintained in a sanitary condition at all times by the Railroad Companies.

1.18. Showers -- Specifications:

1.18.a. Showers shall be provided with a spray fixture, connected to an ample supply and pressure of hot and cold water, preferably mixed by a mixing valve.

1.18.b. Each shower room or compartment shall be constructed of material impervious to moisture.

1.18.c. Each shower compartment shall not be less than thirty-two (32) inches in width and thirty-two (32) inches in depth.

1.19. Locker Rooms -- Lockers:

1.19.a. General Requirements -- Locker Rooms:

1.19.a.1. Locker Rooms, except those in camp cars, shall have not less than eighty (80) square feet of floor space for the first ten (10) employees, or fraction thereof, and for each additional employee, not less than four (4) additional square feet shall be added thereto. Employees, as used herein, refers to employees to whom lockers have been assigned.

1.19.a.2. Necessary furniture, such as benches and tables, shall be provided.

1.19.a.3. Such locker rooms shall be properly lighted, heated and ventilated at all times.

1.19.b. General Requirements -- Lockers:

1.19.b.1. Individual lockers for employees shall be provided when requested by such employees and deemed necessary by the Commission.

1.19.b.2. Lockers shall be not less than fifteen (15) inches wide, eighteen (18) inches deep and seventy-two (72) inches high, exclusive of legs or other base. The lockers shall be equipped with a shelf and with not less than one (1) clothes hook for each side or equivalent hanger bar, and also sufficient openings in the door for purposes of ventilation.

1.20. Dressing Rooms:

1.20.a. Where six (6) or more women, who are required to change clothing, are employed at any one time, a dressing room shall be provided for their use.

1.20.b. Where more than one (1) but less than six (6) women, who are required to change clothing, are employed and a dressing room is not provided, room space shall be provided, properly screened for privacy and made suitable for the use of women employees, in lieu of a dressing room.

1.20.c. Dressing rooms shall be conveniently located for the workers for whose use they are intended.

1.21. Bunk Rooms - Camp Cars and Dormitories:

1.21.a. The walls, floors and ceilings of bunk rooms, camp cars and dormitories shall be so constructed as to provide protection from outside weather elements and to permit their being readily cleaned and they shall be kept cleaned and in good repair. Wood floors shall be raised above the ground sufficiently to allow airspace beneath them.

1.21.b. Ventilation shall be provided by window opening directly to the outside air.

1.21.c. During the period between May 1 and November 1, all outer doors and windows shall be equipped with screens.

1.21.d. Adequate heating facilities and fuel shall be provided, with which employees may maintain a comfortable temperature, as weather conditions may require.

1.21.e. Lighting by windows or acceptable artificial illumination shall be provided.

1.21.f. When assigned to a section crew or signal crew, such crew shall be responsible for the cleanliness and sanitation.

1.22. Bunk Rooms or Dormitories:

1.22.a. Bunk rooms or dormitories shall be of such area to provide at least fifty (50) square feet of floor space for each person, with a ceiling height of not less than seven (7) feet, except where double bunks are used at least thirty (30) square feet of floor space shall be provided each person accommodated.

1.22.b. Where beds, bunks or cots are provided, they shall be equipped with proper mattresses. Such beds, bunks or cots shall be raised twelve (12) inches, above the floor and be located two (2) feet or more from the side of any other bed, bunk or cot located in the same room and have at least twenty-seven (27) inches of clear space above it.

1.23. Camp Facilities:

Where camp cars, house trailers or railroad passenger cars are furnished for sleeping purposes, the Commission may designate the number of men to be housed in each car.

1.24. Shelter:

When an employee works regularly at a location (other than a repair track), where shelter is not otherwise available, it shall be provided, if requested by such employee and if deemed necessary by the Commission.

1.25. Lunch Rooms -- General Requirements:

Lunch rooms provided by the Company shall be adequately ventilated, reasonably heated, properly screened, provided with the necessary covered receptacles for the disposal of waste matter and shall be kept clean and in good care.

1.26. Camp Cars -- Provision of Meals:

1.26.a. When kitchen cars or other camp facilities for heated meals are furnished by the Company, they shall be provided with adequate equipment for cooking and refrigeration.

1.26.b. In lunch rooms where food is served by the Company for employees, the food, equipment and facilities shall be subject to the same inspection and regulation as is required in public eating places, generally consistent with the rules and regulations of the State Department of Health pertaining to public food establishments.

1.26.c. Employees and workers handling and serving food in lunch rooms, described in 1.26.b, shall be subject generally to those rules and regulations of the State Department of Health, which are necessary for the sanitary handling of food.

1.26.d. Concessionaire facilities provided by the company in lieu of direct company operations shall comply with these regulations with respect to adequate space, adequate food handling facilities and cleanliness.

1.27. Cabooses or Rider Cars -- Other than Yard Cabooses:

In addition to requirements of the preceding rules, cabooses or rider cars shall be subject to the following requirements:

1.27.a. They shall be equipped with a stove or other heating equipment that will provide a minimum temperature of 65 degrees F., from October 1 to May 15. A sufficient amount of fuel will be available for each trip or shift.

1.27.b. Their windows and doors shall be weather stripped during cold weather and from May 1 to October 15, all caboose windows (except cupola windows), and doors shall be equipped with screens, where cabooses are used as sleeping quarters by crews laying over at away-from-home terminals.

1.27.c. They shall be maintained in a clean and sanitary condition. When assigned to a crew, such crew shall be responsible for the cleanliness and sanitation.

1.27.d. They shall be lighted by electricity or other acceptable means.

1.27.e. Illumination equipment for railroad cabooses:

1.27.e.1. There shall be maintained on the rear end of all cabooses, while cabooses are being pushed during the hours of darkness, either a handheld or installed backup light which shall be sufficient candlepower to illuminate the track for a distance of at least two hundred fifty (250) feet under clear atmospheric conditions. Securing and maintaining said lights shall be the responsibility of the railroad.

1.27.e.2. The provisions of Rule 1.27.e.1 shall only apply to all local or mine run cabooses. Runs originating from without the State of West Virginia shall be exempt from the requirements of the rule.

1.27.e.3. Rule 1.27.e.1 shall be effective from June 7, l983, provided; that railroads shall have until June 7, 1984 to achieve full compliance with the rule.

1.27.e.4. Enforcement -- Railroad safety inspectors of the Commission shall have authority to examine cabooses for compliance with these rules. If a railroad violates the provisions of Rule 1.27.e.1, it will be, according to W, Va. Code §21-2B-5, guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500) for each violation; provided that the railroad shall not be in violation of Rule 1.27.e.1 if the defect is corrected at the first point maintenance supplies are available, or if repairs are needed, the first point at which materials and repair facilities are available and repairs can reasonably be made.

1.27.e.5. Rule 1.27.e shall not be interpreted as imposing individual responsibility upon any railroad employee for damage to caboose backup lights while the employee is engaged in handling the lights as required by Rule 1.27.e.1.

1.28. Cabooses or Rider Cars -- Other than Those Used in Road Service:

In addition to the requirements of the preceding rules, cabooses or rider cars shall be subject to the following requirements:

1.28.a. They shall be equipped with a stove or other heating equipment that will provide a minimum temperature of 65 degrees F., from October 1 to May 15. Sufficient fuel for each trip or shift shall be available.

1.28.b. Their windows and doors shall be weather stripped, as required by the season of the year.

1.28.c. Windows on all cabooses shall be washed at reasonable intervals.

1.28.d. They shall be maintained in a clean and sanitary condition. When assigned to a crew, such crew shall be responsible for the cleanliness and sanitation.

1.29. The present facilities mentioned in Rules 1.5 through 1.29 shall be deemed adequate unless upon a specific complaint the Commission shall find otherwise.

W. Va. Code R. § 150-8-2 -- Rules Relating To Accident Reporting

2.1. All accidents occurring on railroads in this State shall be reported in accordance with the rules set forth in this Section 2.

2.2. Adoption and Filing of Reports:

The present rules of the United States Department of Transportation, Federal Railroad Administration, governing the reporting of railroad accidents, together with any amendments or changes in said rules or forms which may hereafter be promulgated by said agency are hereby adopted as the rules and forms of this Commission governing the reporting of railroad accidents within the State of West Virginia.

The aforementioned Federal Rules and Forms to be used are listed in the Code of Federal Regulations (CFR) Title 49 – Transportation, Part 225 – RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION AND INVESTIGATIONS. Whenever such reports are submitted to the Federal Railroad Administration, identical copies of each must be submitted simultaneously to this Commission.

2.3. Reports for Information of Commission Only – Written Application for Access:

Accident reports made by railroads in compliance with these rules shall be for the information of the Commission and shall not be open to public inspection except upon prior written approval by this Commission of an application, which shall state with full particularity how the information will be used and how such use will contribute to the promotion of safety in railroad operation. Each such request will be in substantially the form prescribed by the Federal Railroad Administration in 49 CFR Section 225.11, substituting the name of the Public Service Commission of West Virginia in the heading thereof. No such request will be granted until the Commission is satisfied that such inspection will not result in a violation of Section 4 of the Federal Accident Reports Act, as stated in 49 CFR Section 225.7(b).

2.4. Previous Orders Canceled and Superseded:

All previous orders of this Commission relating to railroad accident reports are hereby canceled and superseded.

W. Va. Code R. § 150-8-3 -- Rules Relating To Clearances. 3.l. The minimum clearance requirements for railroads hereinafter prescribed shall hereafter be observed in this State in all construction of tracks or structures adjacent to tracks. These requirements shall not apply to repairs, renewals, maintenance, extensions or additions, in substantially the same location and within the general plan of existing installations, provided that existing clearances shall not be reduced. No railroad shall operate any cars, trains, motors, engines, or other rolling equipment over its own or other tracks, except as hereinafter provided, on which overhead or side clearances, or clearances between tracks are less than the minimum prescribed in this Section 3, if such tracks or structures adjacent to such tracks are constructed subsequent to the effective date hereof

3.2. For the purpose of these rules, the definitions set forth below will govern:

3.2.a. Height of a Freight Car is the distance between the top of rail and the top of the running board.

3.2.b. Side of a Freight Car is that part or appurtenance of a car at the maximum distance measured at right angles from the center line of the car (including the hardware).

3.2.c. Width of a Freight Car is twice the distance from the center line to the side of a car as defined herein.

3.2.d. Overhead Clearance is the vertical distance from the level of the top of the highest rail to a structure or obstruction above.

3.2.e. Side Clearance is the shortest distance from the center line of track to a structure or obstruction at the side of track.

3.3. Overhead Clearance:

The minimum overhead clearance above railroad tracks, which are used or proposed to be used for transporting freight cars, shall be twenty-two (22) feet, except that the minimum overhead clearance for tipples and facilities for loading and unloading bulk commodities may be not less than eighteen (18) feet. Structures constructed prior to 1970 may be maintained at such clearances as were lawful at the time of construction. The clearances provided in this Section shall not apply to the electric wires and equipment required over present and future tracks for the operation of trains by electric energy, provided the carriers concerned promulgate and enforce rules that prohibit any employee from being on the top of cars while being operated under lower clearances than provided for in this section.

3.4. The overhead clearance above top of rail of such tracks located inside of buildings may be reduced to eighteen (18) feet, provided that this clearance shall apply only to tracks within the building, and further provided, that when an overhead clearance of less than twenty-two (22) feet exists on tracks inside such building, all cars, trains, motors, engines or other equipment shall be brought to a stop before entering such building. In switching movements requiring a number of continuous entries, stops shall be required only upon the initial entry.

3.5. Unless otherwise provided herein, overhead clearances authorized in this section are applicable only to tracks on which freight cars having a height not exceeding fifteen (15) feet seven (7) inches are transported.

3.6. Freight cars not exceeding a height of fifteen (15) feet seven (7) inches may be transported provided that the tracks over which such operations are conducted exhibit throughout the route an overhead clearance as required in subsection 3.3 of these rules.

3.7. If freight cars of a height greater than fifteen (15) feet seven (7) inches are transported or proposed to be transported, minimum overhead clearances shall be increased by an amount of not less than such additional height; provided, however, that box or other house cars over fifteen (15) feet seven (7) inches in height are exempted from this subsection when the top running boards have been removed, ladders and hand brakes lowered, cars painted, stenciled, or otherwise modified in compliance with the provisions of Section 231.24 CFR Title 49 Part 231 – RAILROAD SAFETY APPLIANCE STANDARDS.

3.8. Side Clearances:

Minimum side clearances from center line of tangent railroad tracks, which are used or proposed to be used for transporting freight cars, except as hereinafter prescribed, shall be as shown in Table 150-8A found at the end of these rules.

3.9. Reserved.

3.10. Reserved.

3.11. Side clearances specified herein shall not apply to car retarders, derails, switch point protectors, rails and similar appurtenances projecting three (3) guard inches or less above top of rail.

3.12. All minimum side clearances prescribed in this section are for tangent tracks. Structures adjacent to curved tracks shall have additional side clearances compensating for curvature at the rate of one (1) inch for each degree of curvature.

3.13. Minimum side clearances authorized in this section are applicable to tracks on which freight cars having a width not greater than ten (10) feet ten (10) inches are transported.

3.14. The overhead and side clearances prescribed in this rule may be decreased:

3.14.a. for structures adjacent to an industry track or for through railway bridges or railway turntables to the extent defined by a straight line extending diagonally downward from a point four (4) feet from the center line of track at twenty-two (22) feet above top of rail to a point eight (8) feet from the center line of track at eighteen (18) feet above top of rail; and

3.14.b. for tunnels to the extent defined by a curved line with a radius of eight (8) feet from a point four (4) feet from the center line of track at twenty-two (22) feet above top of rail to a point eight (8) feet from the center line of track at fifteen (15) feet zero and seven-eighths (0-7/8) inches above top of rail.

3.15. Clearances between Parallel Tracks:

The minimum distance between the center lines of parallel tracks shall be fourteen (14) feet except as hereinafter provided.

3.16. The center line of any track, except a main track or a passing track, parallel and adjacent to a main track or a passing track, shall be at least fifteen (15) feet from the center line of such main track or passing track; provided, however, that where a passing track is adjacent to and at least fifteen (15) feet distant from the main track, any other track may be constructed adjacent to such passing track with clearance prescribed in subsection 3.15 of these rules.

3.17. The center line of any ladder track, constructed parallel to any other adjacent track, shall be at least fifteen (15) feet from the center line of such other track and the center lines of parallel ladder tracks shall be at least eighteen (18) feet apart.

3.18. The minimum distance between the center lines of parallel team, house and industry tracks shall be thirteen (13) feet.

3.19. Main siding and yard tracks constructed prior to 1970 with distance of not less than thirteen (13) feet between track centers may be extended without increasing such distances.

3.20. Other Conditions and Obstructions Adjacent to Tracks: No merchandise, material or other articles shall be permitted to remain either on the ground or on platforms adjacent to any track owned or leased by railroads at a distance less than eight (8) feet six (6) inches from the center line of track: Provided, however, That nothing herein shall be construed as restricting the temporary distribution of materials or the performance of work on, over or adjacent to tracks, when such distribution or performance is necessary in the construction or maintenance of facilities or equipment, provided such distribution and performance shall be carried out within a reasonable time under conditions reasonably necessary to provide for safety of all concerned, including proper notice by train order, message or bulletin.

A suitable line or other marker should be maintained at a distance of eight (8) feet six (6) inches from the center line of track, on all platforms, excluding passenger platforms, to indicate the space along edge of the platform which must be kept clear of merchandise, material or other articles.

3.21. Loading on Open Top Cars:

When shipments are to be moved that are loaded on open top cars and which exceed the dimensions (i) shown in the Tables in Section No. 1 of the A.A.R. Loading Rules or (ii) shown in RAILWAY LINE CLEARANCES, a copy of the instructions containing any special restrictions applying to the movement shall be furnished to the Conductor of each train handling the shipment and to each Division Superintendent and each Chief Train Dispatcher affected. All such shipments, with the exception of multi-level automobile rack cars either loaded or unloaded or cars transporting automobile underframes or cars transporting highway trucks or trailers, shall be placarded on the placard board on each side of the car with an appropriate clearance card.

No member of the train crew shall be required to ride the cars handling such shipments.

When such shipments or the train handling such shipments are to be yarded on a yard track, the yardmaster shall be given sufficient advance notice to enable him to take the necessary precautions to safeguard employees in the yard.

3.22. Exceptions:

Nothing herein shall be construed as preventing the movement of material over tracks when such material is necessary in the construction or maintenance of such tracks, nor in the movement of special work equipment used in the construction, maintenance or operation of the railroad; provided such movements shall be carried on under such conditions as are necessary to provide for the safety of all concerned.

3.23. If in any particular case, exemption from any of the requirements herein is deemed necessary by the railroads concerned, the Commission will consider the application of such carrier for such exemption when accompanied by a full statement of the conditions existing and the reason why such exemption is asked. Any exemption so granted will be limited to the particular case covered by the application.

3.24. The Commission reserves the right to modify any of the provisions of these rules in specific cases when, in the Commission's opinion, public safety, convenience or necessity would be served by so doing.

3.25. Prior Orders:

The requirements of this section supersede all regulations governing clearances between tracks of railroads and for obstructions adjacent to such tracks heretofore promulgated, provided, however, that any exemption or deviation heretofore granted and now in force and effect shall not be affected by this order and shall remain in force and effect until further order of the Commission.

W. Va. Code R. § 150-8-4 Rules Relating To The Construction, Reconstruction And Maintenance Of Walkways Adjacent To Railroad Trackage: And Removal Of Debris, Trash, Etc

4.1. Purpose: The purpose of Rule 4 is to establish the standards of practice for the construction and maintenance of walkways. The provisions of Rule 4 are not to be construed as inflexible mandates requiring all rail carriers in all circumstances to construct or reconstruct all walkways in exact accordance with these rules. Rule 4.3 acknowledges that walkways do not have to be constructed in exactly the same way. Railroads are required to comply with the standards set out in Rule 4 when possible, taking into consideration topographical limitations and compliance with applicable federal requirements.

4.1.a. Existing yard tracks: Each railroad shall provide reasonably safe and adequate walkways adjacent to its tracks in all switching areas within yard limits where railroad employees are regularly required to walk in the performance of their duties. All such walkways shall be maintained and kept reasonably free of trash and debris and provide as comfortable a walking surface as may be appropriate to prevailing conditions.

4.1.b. Private industry requirements: Each railroad shall require private industry utilizing railroad transportation service to provide suitable and adequate walkways adjacent to its tracks in all switching areas within yard limits where railroad employees are regularly required to walk in the performance of their duties; and all such walkways shall be maintained and kept reasonably free of trash and debris and provide as comfortable a walking surface as may be appropriate to prevailing conditions.

4.1.c. Water flow prohibited: Except for direct impingement of rain or snow, no wastewater or process water of any composition may be allowed to flow onto or over walkways used by railroad employees in performance of duties. Appropriate ditches, conduits, culverts and piping must be used for conducting all wastewater, both storm and industrial, clear of both tracks and walkways referenced in these rules.

4.1.d. Vegetation control: Encroachment of vegetation (including but not limited to weeds, brush, and tree limbs) must be controlled at side of tracks generally to a distance of eight (8) feet from the center of the track, and overhead generally to a distance of eighteen (l8) feet above top of rail. However, nothing herein shall be construed to impose restrictions which are more or less stringent than the applicable federal regulations.

4.1.e. New yard tracks: Rail carriers shall provide walkways adjacent to those portions of yard tracks constructed after March 17, 2012, where rail carrier employees regularly work on the ground performing switching service. To create a suitable, adequate, and comfortable surface on which to walk, such walkways may be surfaced with reasonably uniform asphalt, concrete, planking, grating, native material, crushed material, or other similar material. When crushed material is used, one hundred (100) percent of the material must be capable of passing through a one-and-one-half (1½) inch sieve and at least ninety (90) percent of the material must be capable of passing through a one (1) inch square sieve opening, provided, however a de minimis variation shall not be a violation of this rule in an instance where the rail carrier has made a good faith effort to comply with the percentage requirements. Smaller crushed material is preferable and should be used where drainage and durability issues do not arise. Material that is three-quarters (3/4) inch or less in size is recommended for switching lead tracks. Such walkways must have a reasonably uniform surface and must be maintained in a safe condition without compromising track drainage. Further, such walkways shall be a minimum width of two (2) feet and shall be kept reasonably free of spilled fuel oil, sand, posts, rocks and other hazards or obstructions.

4.1.f. Tracks other than yards: In cases where the Commission finds, after notice and hearing, that rail carrier employees who regularly work adjacent to a portion of track are exposed to safety hazards due to the lack of a walkway or to the condition of a walkway, the Commission may order a rail carrier to construct, when feasible, a walkway adjacent to a portion of track or require a rail carrier to modify an existing walkway in conformance with the standards set forth above for New Yard Tracks within a reasonable period of time. For purposes of this subdivision, “regularly” shall mean at least five (5) days per week, one (1) shift per day or any other period determined to be “regularly” enough by the Commission to warrant an Order pursuant to this rule.

4.2. Bridges and trestles: All railroad owned or leased bridges and trestles constructed after January 15, 1970, the effective date of General Order No. 164, where switching is regularly performed and railroad employees are regularly required to walk in the performance of their duties, shall be equipped with walkways and handrails.

4.3. Waivers: Deviation from the provisions of this Section 4 may be authorized by the Commission for any specific installations for good cause upon application by a railroad, which application shall include a full statement of the conditions which prevail at the time and place involved, and reasons why deviation is deemed necessary.

4.4. Compliance: These walkway rules shall have no application during maintenance activities or any period of heavy rain or snow, derailments, rock and earth slides, washouts and similar weather or seismic conditions, and during a reasonable period afterward to allow a return to compliance.

4.5. Enforcement: No formal complaint of an alleged violation of these walkway rules may be filed until the filing party has attempted to address the alleged allegations with the rail carrier. Any complaint of an alleged violation of these walkway rules shall contain a written statement that the filing party has made a reasonable, good faith attempt to address the alleged violation with the rail carrier and shall comply with the Commission Rules of Practice and Procedure, 150CSR1.

W. Va. Code R. § 150-8-5 Rules Relating To The Filing Of Rules And Regulations Of The Operating Departments Of Railroad Corporations

5.1. Each railroad corporation operating in the State of West Virginia shall file the existing rules and regulations of the operating department and any future changes or revisions thereof in accordance with the provisions of rule 5.3 of this Section 5.

5.2. Reserved.

5.3. Each railroad operating in the State of West Virginia shall file with the Commission any change or reissue, in whole or in part, of its rules and regulations of the Operating Department within thirty (30) days after any change.

W. Va. Code R. § 150-8-6 Rules Relating To Safety Programs

6.1. Each railroad corporation operating in the State of West Virginia shall file with the Executive Secretary of the Commission its safety rules and regulations.

W. Va. Code R. § 150-8-7 Rules Relating To Inspection Of Trackage, Roadbeds, Bridges And Other Structures: And To Maintenance And Repairs Of Bridges And Other Structures

7.1. Except in cases of emergency, in instances where passenger trains are to be operated over tracks which do not serve regularly scheduled passenger movements, and where the maximum authorized speed for freight traffic over such tracks is less than thirty-five (35) miles per hour, then such tracks shall be inspected within forty-eight (48) hours prior to the operation of such passenger trains.

7.2. Bridges and other structures on main line or branch lines shall be inspected at least once a year by a qualified bridge inspector.

7.3. If, on inspector's report, the Public Service Commission has reasonable ground to believe that any of the bridges, or other structures are in a condition which renders them dangerous, unfit, or unsafe, the Commission shall immediately give to the superintendent, or other executive officer of the company operating such railroad, notice of the condition thereof, and of the repairs or reconstruction necessary to place them in a safe condition. The Commission may prescribe the time within which such repairs or reconstruction must be made, and the maximum speed at which trains may be operated over such dangerous or defective bridge, or other structure, until the repairs or reconstruction required are made. The Commission may forbid the running of trains over such defective bridge, or other structure, if it is of the opinion that such action is necessary and proper; provided, however, that the railroad affected thereby, shall have the right to a hearing to determine whether or not such prohibition is necessary and proper.

7.4. Tracks Owned by Entities Other than Railroad Companies:

7.4.a. This rule shall apply to all railroad track owned by an entity other than a railroad company over which a railroad company moves railroad cars in the conduct of business.

7.4.b. Track shall be maintained free of debris which:

7.4.b.1. could impair proper drainage of track bed, or

7.4.b.2. could prevent proper inspection of track components.

7.4.c. For purposes of subdivision 7.4.b.,

7.4.c.1. "debris" shall include, but not be limited to, coal, slate, waste, sludge, mud and water.

7.4.c.2. "track components" shall include, but not be limited to, joint bars, bolts, spikes, tie plates, crossties and ballast.

7.4.d. Each drainage or other water carrying facility under or immediately adjacent to the road bed must be maintained and kept free of obstruction, to accommodate expected water flow for the area concerned.

7.5. Switches:

7.5.a. All manually-thrown switches found defective must be repaired or lubricated as indicated by the construction and requirements of said switch, to correct the existing defect within twenty-four (24) hours of date inspected, excluding Saturdays, Sundays and holidays.

7.5.b. All hard-to-throw switches not found to be defective must be made less hard to throw, repaired or lubricated, if necessary, within seventy-two (72) hours of date inspected, excluding Saturdays, Sundays and holidays; provided that said switch shall, after repair, lubrication or other maintenance be in full compliance with the requirements of 49 CFR 213.135.

7.5.c. For each yard area the affected railroad company shall appoint an employee who normally and regularly works within the yard area to either:

7.5.c.1. accompany said inspector in the performance of the switch test, or

7.5.c.2. select a qualified, readily available, employee to accompany the inspector in the performance of the switch test.

W. Va. Code R. § 150-8-8 Enforcement Of Federal Regulations. 8.l. General:

The federal statutes listed below, and the regulations promulgated thereunder by the United States Department of Transportation, subject to enforcement by the Federal Railroad Administration (FRA), also listed below, are designed to promote and enhance railroad safety for employees and the public. The Commission is empowered to enforce these federal provisions by virtue of a cooperative agreement with FRA. The lists of federal statutes and regulations are provided for illustrative purposes only. The extent of the Commission authority is to be construed from the terms of the cooperative agreement itself and may not be limited by either of the following illustrative lists.

8.2. Federal Statutes:

PL 91-458 – Federal Railroad Safety Act of 1970 (Act October 16, 1970)

PL 93-633 – The Hazardous Materials Transportation Act or Rail Safety Improvement Act of 1974 (Act January 3, 1975)

PL 94-348 – Federal Railroad Safety Authorization Act of 1976 (Act July 8, 1976)

PL 95-574 – Federal Railroad Safety Authorization Act of 1978 (Act November 2, 1978)

PL 96-423 – Federal Railroad Safety Authorization Act of 1980 (Act October 10, 1980)

8.3. Federal Regulations:

CFR 49 Chapter 1 – Research and Special Programs Administration, Department of Transportation.

Subchapter B – Hazardous Materials Transportation

Part 107 – Hazardous Materials Program Procedures Subchapter C – Hazardous Materials Regulations

Part 171 – General Information, Regulations and Definitions

Part 172 – Hazardous Materials Table and Hazardous Materials Communications Regulations

Part 173 – Shippers – General Requirements for Shipments and Packagings

Part 174 – Carriage by Rail

Part 178 – Shipping Container Specifications

Part 179 – Specifications for Tank Cars CFR 49 Chapter 11 – Federal Railroad Administration, Department of Transportation

Part 210 – Railroad Noise Emission Compliance Regulations

Part 212 – State Safety Participation Regulations

Part 213 – Track Safety Standards

Part 214 – Bridge Worker Safety Rules

Part 215 – Railroad Freight Car Safety Standards

Part 217 – Railroad Operating Rules

Part 218 – Railroad Operating Practices

Part 219 – Control of Alcohol and Drug Use

Part 220 – Radio Standards and Procedures

Part 221 – Rear End Marking Device

Part 223 – Safety Glazing Standards

Part 225 – Railroad Accidents/Incidents

Part 228 – Hours of Service of Railroad Employees

Part 229 – Railroad Locomotive Safety Standards

Part 230 – Locomotive Inspection

Part 231 – Railroad Safety Appliance Standards

Part 232 – Railroad Power Brakes and Drawbars

Part 233 – Signal System Reporting Requirements

Part 234 – Grade Crossing Signal System Safety

Part 235 – Instructions Governing Applications for Approval of a Discontinuance or Material Modification of a Signal System or Relief from the Requirements of Part 236

Part 236 – Rules, Standards, and Instructions Governing the Installation, Inspection, Maintenance, and Repair of Signal and Train Control Systems, Devices and Appliances

Part 240 – Qualification and Certification of Locomotive Engineers When additional federal statutes and additional federal regulations relating to railroad safety are enacted or issued, they also shall be enforced by the Public Service Commission.

W. Va. Code R. § 150-8-9 Reserved

W. Va. Code R. § 150-8-10 Rules Relating To Minimum Motor Vehicles Standards

10.1. The motor vehicles provided by the railroad company and used to transport one (1) or more workers to and from their places of employment, or during the course of their employment, shall be maintained in a safe condition and operated in a safe manner at all times, whether or not used upon a public highway. Motor vehicles shall be equipped with safe and adequate space heating devices or appliances capable of maintaining a temperature of at least sixty (60) degrees Fahrenheit in those areas of the vehicle where workers will be required to ride.

10.2. When transporting employees, the following requirements shall govern:

10.2.a. Tools and equipment shall be secured in racks or boxes, when vehicle is en route and shall be loaded, removed and carried in such manner so that the equipment will not be transported in the same compartment with the workers, unless in a closed compartment, securely attached to the vehicle to prevent tools and equipment from shifting during travel time of the vehicle.

10.2.b. No explosives, injurious chemicals or pesticides shall be hauled on any vehicle while engaged in transporting workers. This rule shall not prohibit the driver and a qualified powder crew from riding in a vehicle in which explosives are being hauled.

10.2.c. Gasoline and other low flash point liquids shall not be hauled on vehicles transporting workers except in closed safety containers, and provided that such containers are carried in a safe, suitable location outside of the passenger compartment. Such containers shall be carried as far away from the passenger compartment as possible, said containers shall not block the exits from the vehicle, and shall be firmly secured to prevent shifting.

W. Va. Code R. § 150-8-11 Rules Relating To Right-Of-Way Drainage

11.1. Except where the roadbed extends through or by swampland, the company or person operating the railroad shall make and keep open ditches or drains along such roadbed of depth, width and grade sufficient to conduct water accumulating at the sides of the roadbed from the building or operation of the railroad to some proper outlet.

W. Va. Code R. § 150-8-12 Rules Relating To Track Motor Car

12.1. Every individual, firm or corporation, operating or controlling any railroad which is a common carrier, shall equip each of its track motor cars with:

12.1.a. An electric headlight of sufficient candlepower to enable the operator of the car to plainly discern any track obstruction, landmark, warning sign or grade crossing at a distance not less than three hundred (300) feet, under normal weather conditions.

12.1.b. A red rear light with sufficient candlepower to be plainly visible at a distance not less than three hundred (300) feet, under normal weather conditions.

12.1.c. A windshield equipped with a device, which must be kept in good working order, with which the operator can clean rain, snow and other moisture from the windshield.

12.1.d. A canopy or top adequate to protect the occupants of the car from sun, rain, snow or other inclement weather.

W. Va. Code R. § 150-8-13 Time Limits For Correcting Violations

13.1. Where no other time limit is imposed by these Rules, violations of these Rules and defects reported to the railroad shall be corrected within thirty (30) days of notification unless the railroad requests and receives from the Commission an extension of time to effect such corrections, or unless the Commission, in cases involving danger to human health and safety, requires correction in less than thirty (30) days. Nothing in this subsection shall affect the enforcement powers set forth in rule 7.3.

TABLE 150-8A

Minimum Description Side Clearances a. All structure and obstructions above the top of the rail except those hereinafter specifically mentioned 8'0"

NOTE: Posts, poles, pipes, warning signs and similar obstructions should, where practicable, have a side clearance of ten (10) feet.

b. Platforms eight (8) inches or less above top of rail 5'0"

c. Platforms four (4) feet or less above top of rail 6'4"

d. Switch boxes, switch-operating mechanisms and accessories necessary for the control and operation of signals and inter lockers projecting four (4) inches or less above the top of rail 3'0"

e. Signals and switch stands three (3) feet or less above top of rail and located between tracks where not practicable to provide clearances otherwise prescribed 6'0"

f. Through bridges supporting track affected, tunnels, water columns and oil columns 8'0"

g. The clearances for 1. through bridges supporting track affected, 2. water barrel platforms and refuge platforms on bridges and trestles not provided with walkways, 3. handrails, 4. water barrels, 5. water columns, 6. oil columns, 7. block signals, 8. cattle guards, and 9. stock chutes, when all or portions thereof are four (4) feet or less above top of rail, may be decreased to the extent defined by a line extending diagonally upward from a point level with top of rail and five (5) feet six (6) inches distant laterally from center line of track; provided, however, that the minimum clearance for handrails and water barrels on bridges with walkways shall be seven (7) feet nine (9) inches, and provided further, the minimum clearance for fences of cattle guards shall be six (6) feet nine (9) inches.

TABLE 150-8A (Cont'd)

NOTE: Unless previously approved by the Commission, the clearances authorized in this section, except as provided for handrails and water barrels, are not permitted on through bridges where the work of trainmen or yardmen require them to be upon the decks of such bridges for the purpose of coupling and uncoupling cars in the performance of switching service on a switching lead.

Association of American Railroads, Operations and Maintenance Department, Mechanical Division, Rules Governing the Loading of Commodities on Open Top Cars and Trailers, Effective January 1, 1976, as amended, supplemented and revised.

The publication RAILWAY LINE CLEARANCES, Published annually by the Railway Equipment and Publication Company, as amended, supplemented and revised.

150CSR8

150CSR8

Series 09 Rules Governing Motor Carriers, Private Commercial Carriers, and the Filing of Evidence of Insurance and Financial Responsibility by Motor Carriers

W. Va. Code R. § 150-9-1 General

1.1. Scope. -- The rules in this series govern all motor carriers of passengers or property over the public highways of West Virginia, unless those motor carriers are completely exempt from regulation by §24A-1-3 or other sections of the W. Va. Code, by sections of the United States Code, by the West Virginia Constitution, or by the United States Constitution. If a motor carrier is statutorily only partially exempt from regulation, these rules shall apply to that carrier except to the extent that the carrier is statutorily exempt. Furthermore, the rules in this series also govern the filing and approval of surety bonds, policies of insurance, qualifications as self-insurers, and other securities and agreements of motor carriers. Moreover, Rule 4.3 and other safety rules in this series apply to motor carriers and private commercial carriers that are statutorily subject to the Commission's safety jurisdiction. The term “motor carrier” includes an “exempt carrier”.

1.2. Authority. -- W. Va. Code §§24-2-1b, 24-2-2, 24A-2-3, 24A-3-4, 24A-3-6, 24A-4-1, 24A-5-2, 24A-5-2b, and 24A-5-5.

1.3. Filing Date. -- December 14, 2021

1.4. Effective Date. -- January 13, 2022

W. Va. Code R. § 150-9-2 Intent of Rules, Application of Rules, and Definitions

2.1. Intent. -- Pursuant to the powers vested and the authority given under Chapter 24A of the W. Va. Code, the Public Service Commission of West Virginia issues the following rules governing the transportation of persons and property for hire by motor vehicle upon or over the public highways of West Virginia. These rules are intended to insure adequate service to the public; to protect the safety and welfare of the traveling and shipping public in their use of transportation agencies by motor vehicle; to preserve, foster, and regulate transportation; to permit the coordination of transportation facilities; and to provide the traveling and shipping public transportation agencies rendering stabilized service at just and reasonable rates. These rules are also intended to govern the filing of evidence of insurance and financial responsibility by motor carriers to protect the traveling, shipping, and general public against injury, loss, damage, or default for which motor carriers may be liable. Moreover, Rule 4.3 and other safety rules in this series are also intended to apply to all motor carriers and private commercial carriers that are statutorily subject to the Commission's safety jurisdiction while they are operating on the public highways of West Virginia.

2.2. Saving clause. -- The adoption of these rules and regulations shall in no way preclude the Commission from altering or amending them in whole or in part, or from requiring any other or additional service, equipment, facility, or standard, either upon complaint or upon its own motion, or upon the application of any motor carrier. Furthermore, compliance with these rules shall not in any way relieve a motor carrier or private commercial carrier from any of its duties under the laws of West Virginia. These rules and regulations are intended to supplement applicable statutes in Chapters 24 and 24A of the W. Va. Code and do not replace or substitute any of the provisions of such statutes.

2.3. Application of rules.

2.3.1. These rules shall apply to all common or contract motor carriers for hire of passengers or property over the public highways of West Virginia, unless those motor carriers are, under statute, completely exempt from regulation. If a motor carrier is statutorily only partially exempt from regulation, these rules shall apply to that carrier except to the extent that the carrier is statutorily exempt. Rule 4.3 and other safety rules in this series shall apply to all motor carriers and private commercial carriers that are statutorily subject to the Commission's safety jurisdiction. These rules shall apply to persons and motor vehicles engaged in intrastate and interstate commerce to the extent permitted by the constitutions and laws of West Virginia and of the United States.

2.3.2. Waiver of rule. -- If hardship results from the application of any rule herein prescribed, or if unusual difficulty is involved in immediately complying with any rule, an application may be filed with the Commission for the temporary or indefinite waiver of that particular rule: Provided, that no application for such waiver shall be considered by the Commission unless there is submitted therewith a full and complete justification for such action. 2.4 Definitions.

2.4.1. “Authorized wrecker company” means any person who, after fulfilling the requirements of Rule 3.5.1., has received a P.S.C. W.Va. M.C. Form 4 approval from the Commission’s Transportation Division informing the person that they have been registered to transport motor vehicles in wrecker service for hire, over the public highways of West Virginia, between all points and places in West Virginia in intrastate commerce.

2.4.2. “Bulky goods” means items or materials which cannot reasonably and conveniently be collected during regularly scheduled weekly pickups, including any of the following discarded items; refrigerators, washing machines, clothes dryers, dishwashers, ovens, stoves, microwave ovens, and other appliances; televisions; home computers; air conditioners; bicycles; furniture; waste tires off the rim, having a radius of no more than 16.5 inches from automobiles, pickup trucks, motorcycles, all-terrain, vehicles, and farm tractors; and other items, not included in the above, that are at least three (3) feet in length, width, or height or at least fifty (50) pounds in weight. “Bulky goods” do not include: (a) automotive components, parts, or frames that weigh at least two hundred (200) pounds each; (b) automotive parts, such as motors and transmissions, that have a high density; (c) hazardous waste; (d) items that can easily be divided and placed into bags, boxes, or other containers less than three (3) feet high, long, or wide, that with contents weigh less than fifty (50) pounds each; and (e) construction and demolition debris generally.

2.4.3. “CFR” means the Code of Federal Regulations.

2.4.4. “Carrier” means any person who transports passengers or property, for any commercial purpose, over the public highways of West Virginia by motor vehicle.

2.4.5. “Commercial customer of a common carrier by motor vehicle of solid waste” generally means any customer, other than a residential customer, with whom a common carrier by motor vehicle of solid waste enters into an agreement to collect and transport solid waste for compensation that is to be paid by that customer from property owned or controlled by that customer. The term specifically includes a person, such as the landlord of an apartment building, who enters into an agreement or contract with a carrier to collect and transport, for compensation, solid waste that is generated by one or more of the occupants of the real estate owned or controlled by that person. The term generally includes any commercial, industrial, governmental, or institutional entity that enters into an agreement with a carrier for the collection and transportation, for compensation, of solid waste.

2.4.6. “Commercial vehicle” means any motor vehicle operated over the public highways of West Virginia, for any commercial purpose, in interstate or intrastate commerce, if that motor vehicle is: (a) a motor vehicle with a gross vehicle weight rating of ten thousand one (10,001) pounds or more; (b) a motor vehicle designed to transport more than fifteen (15) passengers, including the driver; or (c) a motor vehicle, of any gross vehicle weight rating, used to transport hazardous materials in a quantity requiring placarding under federal hazardous materials regulations that have been adopted by the Commission.

2.4.7. “Commission” means the Public Service Commission of West Virginia.

2.4.8. “Common carrier by motor vehicle” means any wrecker company or any other person who undertakes, whether directly or by lease or any other arrangement, to transport passengers or property, or any class or classes of property, for the general public over the highways of West Virginia by motor vehicles for hire, whether over regular or irregular routes, including such motor vehicle operations of carriers by rail, water, or air and of express or forwarding agencies, and leased or rented motor vehicles, with or without drivers.

2.4.9. “Common or contract carrier by motor vehicle of recyclable solid waste” means any company or person who collects solid waste recyclable items for transport to places for the purpose of recycling solid waste.

2.4.10. “Contract carrier by motor vehicle” means any person not included in Rule 2.4.8. of this section, who under special and individual contracts or agreements, and whether directly or by lease or any other arrangement, transports passengers or property over the highways of West Virginia by motor vehicles for hire.

2.4.11. “Emergency substitute carrier” means a common carrier by motor vehicle or a contract carrier by motor vehicle that is authorized by the Public Service Commission to provide service on a temporary basis outside of its certificated territory or its contract and within the territory of a carrier that can no longer provide service because of commission suspension of a motor carrier certificate of convenience and necessity or commission suspension of a contract carrier by motor vehicle permit.

2.4.12. “Exempt carrier” means a motor carrier described in §24A-1-3 of the W. Va. Code as exempt from the Commission’s regulation pursuant to Chapter 24A of the W. Va. Code.

2.4.13. “Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer of a motor vehicle as the loaded weight of that single vehicle or, in the absence of a value specified by that manufacturer, the total weight of the motor vehicle and any load thereon.

2.4.14. “Limousine” means a motor vehicle, equipped with at least three (3) doors and with seating capacity, and separate sets of working seatbelts, for at least five (5) passengers, including the driver, in which a passenger or set of passengers is transported at a rate not less than ten dollars ($10.00) per vehicle trip or vehicle round trip, if that vehicle is used (a) to transport passengers on a frequent basis between fixed points, such as airports and hotels or motels; or (b) as a specialized limousine. A “specialized limousine” does not include “luxury limousine service.”

2.4.15. “Luxury limousine service” means a passenger motor carrier service by pre-arranged appointment with a minimum charge of no less than $60.00, with a formally dressed chauffeur, using a large and luxurious sedan, sport utility vehicle, or van, or an antique vehicle. A luxury limousine service does not include a motor carrier serving railroad crews or non-emergency medical transport.

2.4.16. “Motor carrier” includes both a common carrier by motor vehicle and a contract carrier by motor vehicle. The term “motor carrier” includes both an exempt carrier and a motor carrier who is not an exempt carrier.

2.4.17. “Motor vehicle” means and includes any automobile, truck, tractor, truck-tractor, trailer, semitrailer, motorbus, taxicab, and any self-propelling motor-driven motor vehicle, or any combination thereof, used upon any public highway in West Virginia for the purpose of transporting persons or property.

2.4.18. “Person” means any individual, firm, partnership, corporation, limited liability company, company, association, or joint-stock association, and includes any trustee, receiver, assignee or personal representative thereof.

2.4.19. “Private commercial carrier” means any person who undertakes, whether directly or by lease or other arrangement, to transport property, including hazardous materials as defined in rules and regulations promulgated by the Commission, for themself, over the public highways of West Virginia, in interstate or intrastate commerce, for any commercial purpose, by any motor vehicle with a gross vehicle weight rating of ten thousand one (10,001) pounds or more; by any motor vehicle designed to transport more than fifteen (15) passengers, including the driver; or by any motor vehicle used to transport hazardous materials in a quantity requiring placarding under federal hazardous materials regulations that have been adopted by the Commission.

2.4.20. “Public highway” means any public street, alley, road, highway, or thoroughfare of any kind in West Virginia that is used by the public.

2.4.21. “Residential customer of a common carrier by motor vehicle of solid waste” means an individual residing within a dwelling with whom a common carrier by motor vehicle of solid waste enters into an agreement to collect and transport the solid waste generated by that individual and by any other individuals who reside in that dwelling for compensation that is to be paid by that individual. The term does not include individuals residing in a rented dwelling if the landlord who owns or controls the real estate on which the dwelling is located is a commercial customer of a common carrier by motor vehicle with respect to the rented dwelling.

2.4.22. “Solid waste” is synonymous with “trash, rubbish, and garbage” and means and includes any garbage, paper, litter, refuse, cans, bottles, and recyclable waste items; waste tires, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; other discarded material; carcasses of any dead animal or any other offensive or unsightly matter; and solid, liquid, semisolid, or contained liquid or gaseous material resulting from industrial, commercial, mining, or community activities; subject to the following exclusions: (a) leachate, (b) brine and other liquids extracted from wells, (c) solid or dissolved material in sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources and have permits under article eleven, chapter twenty-two, of the W. Va. Code, and (d) source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

2.4.23. “Special annual assessment” means any fee imposed upon a motor carrier and paid to the Commission pursuant to the provisions of §24A-6-6 of the W. Va. Code.

2.4.24. “Specialized limousine” means a limousine that is not a “luxury limousine service” but that is either: (a) a luxury vehicle; (b) a vehicle that has seating capacity, and separate sets of working seatbelts, for at least eight (8) passengers; or (c) a vehicle that was operated, and properly registered with the Commission, under a “limousine” or “specialized limousine” certificate on or before January 1, 2002.

2.4.25. “Specialized multipassenger van service” means the transportation, in vans, to and from physicians’ offices, clinics, hospitals, and other health-care facilities, of passengers who do not need (a) assistance in entering or exiting the vans or (b) the presence of a trained emergency medical technician during transport.

2.4.26. “Taxicab” means a motor vehicle, equipped with at least three (3) doors and having a seating capacity and separate sets of working seat belts for at least four (4) passengers, including the driver, that is used to transport a passenger or passengers.

2.4.27. “Third-party tow” means the tow of a motor vehicle by a wrecker vehicle if that tow is performed without the prior consent or prior authorization of the owner or operator of the towed motor vehicle.

2.4.28. “Transport passengers or property for hire” means to transport them with the intent, expectation, or likelihood that the person transporting the passengers or property will be compensated for that service or for a service connected with that transportation. A carrier that transports property for hire is compensated for the service of transportation and related services but does not sell that property to the person making payment to that carrier.

2.4.29. “Uniform vehicle identification card” means any identification card issued by the Commission to a motor carrier pursuant to the provisions of §24A-6-4 of the W. Va. Code.

2.4.30. “Wrecker company” means any person who transports motor vehicles in wrecker service for hire over the public highways of West Virginia.

W. Va. Code R. § 150-9-3 Rules and Regulations Governing the Filing and Approval of Surety Bonds, Policies or Certificates of Insurance, Qualifications as a Self-Insurer, and Other Evidence of Financial Responsibility by Motor Carriers

3.1. Prohibition of for-hire operations until a motor carrier has filed proper evidence of insurance or other financial responsibility and the filing has been approved by the Commission.

3.1.1. No motor carrier shall operate any motor vehicle upon the highways of West Virginia and no certificate or permit issued by the Commission shall remain in force unless and until the motor carrier has filed with the Commission, and the Commission has approved a surety bond, policy of insurance (or certificate of insurance in lieu thereof), qualifications as a self-insurer, or other securities or agreement in not less than the amounts hereinafter prescribed, conditioned to pay, within the amount of such surety bond, policy or insurance (or certificate of insurance in lieu thereof), qualifications as a self-insurer, or other securities or agreements, any final judgment recovered against such motor carrier for loss or damage to the property of others or for bodily injuries to, or the death of, any person resulting from the negligent operation, maintenance, ownership, or use of motor vehicles that have been operated by that motor carrier, or its employees or agents, in the for-hire transportation of passengers or property.

3.1.2. Private carriers of hazardous materials and hazardous wastes must also comply with the rules with respect to evidence of insurance, self-insurance, or other financial responsibility that are set forth in the federal regulations that have been incorporated by reference in Rule 4.3.1.

3.2. Minimum amounts required for liability for bodily injury or property loss or damage (excluding liability for loss of, or damage to, cargo).

Kind of equipment Limit for bodily injuries to or death of one person Limit for bodily injuries to or death of all persons injured or killed in any one accidents Limit for loss or damage in any one accident to property of others (excluding cargo)

Passenger equipment 5 passengers or less $100,000 $200,000 $25,000 6 to 12 passengers, inclusive 500,000 25,000 13 to 20 passengers, inclusive 600,000 50,000 21 to 30 passengers, inclusive 750,000 50,000 31 passengers, or more 900,000 75,000 Freight equipment: All motor vehicles used in the transportation of non-hazardous property Freight equipment: Motor vehicles used in the transportation of hazardous property Those minimum levels specified in 49 CFR 387.9 600,000 Those minimum levels specified in 49 CFR 387.9 100,000 3.3 Minimum amounts required for liability for loss of, or damage to, cargo.

Kind of equipment Minimum liability limit for loss of, or damage to, property (cargo) carried on any one (1) motor vehicle Minimum liability limit to aggregate loss of, or damage to, property (cargo) carried on one (1) or more motor vehicles for losses and damages occurring at any one (1) time or place Passenger equipment (seating capacity): 1 to 15 passengers (including driver) $15,000 $15,000 16 passengers or more (including driver) 20,000 20,000 Freight equipment: Motor vehicles used in the transportation of nonhazardous property:

Motor vehicles with a gross vehicle weight rating of less than 10,000 pounds 20,000 20,000 Motor vehicles with a gross vehicle weight rating of 10,000 pounds or more 50,000 100,000

3.3.2. The minimum amounts referred to in Rule 3.3 for cargo insurance do not apply to motor vehicles transporting raw coal or only solid waste or other discarded property that is being transported to a place of disposal.

3.4. Motor vehicle combinations. -- The following motor vehicle combinations will each be regarded as one motor vehicle for purposes of Rule 3.1: (1) a tractor and trailer or semitrailer when the tractor is engaged solely in drawing the trailer or semitrailer; and (2) a truck and trailer when both together bear a single load.

3.5. Requirement that motor carriers file annual insurance registration forms; exceptions.

3.5.1. On and after July 1, 2003, no motor carrier shall, in any fiscal year, operate any motor vehicle on any public highway in West Virginia in the for-hire transportation of passengers or property unless and until that motor carrier has: (1) filed with the Commission a completed annual insurance registration form; (2) paid the appropriate annual insurance registration fee of $25.00; (3) filed evidence of proper insurance or financial responsibility that is consistent with Rule 3.1; and (4) received approval from the Commission to operate that motor carrier’s motor vehicles during that fiscal year in the for-hire transportation of passengers or property.

3.5.2. The requirements of Rule 3.5. do not apply to motor carriers that have, during the appropriate fiscal year, already applied for, and obtained, at least one (1) uniform vehicle identification card and have paid the special annual assessment imposed pursuant to W. Va. Code §§24A-6-4 and 24A-6-6.

3.5.3. Compliance with the requirements of Rule 3.5.1. does not relieve any motor carrier of any responsibility to comply with the provisions of Chapter 24A of the W. Va. Code that apply to motor carriers that are not exempt carriers.

3.6. Qualifications as a self-insurer; policies and certificates of insurance; other securities or and agreements; bonds and insurance policies.

3.6.1. The Commission will give consideration and may approve the application of a motor carrier to qualify as a self-insurer if such carrier furnishes a true and accurate statement of its financial condition and other evidence which will establish, to the satisfaction of the Commission, the ability of such motor carrier to satisfy its obligations for bodily injury liability, property damage liability, or cargo liability without affecting the stability or permanency of the business of such motor carrier. The Commission will also consider applications for approval of other securities or agreements and may approve any such applications if it is satisfied that the securities or agreement offered will adequately protect the public.

3.6.2. Each certificate or policy of insurance or surety bond with corporate or individual sureties filed with the Commission for approval must be for not less than the full limits of liability required under these rules. In each case in which the surety on any such bond is a surety company, such company must be one approved and authorized to do business in this State.

3.6.3. Endorsements for policies of insurance, surety bonds, certificates of insurance and applications to qualify as a self-insurer, or for approval of other securities or agreements, and notices of cancellation must be in the forms prescribed and approved by the Commission.

3.6.4. Certificates of insurance, surety bonds, and notices of cancellation must be filed with the Commission in duplicate. Upon receipt and approval by the Commission, one copy will be stamped “received and approved” and returned to the home office of the insurance or surety company.

3.6.5. Insurance policies and surety bonds shall be written in the full and correct name of the individual, partnership, corporation, or other person to whom the certificate or permit is issued. In case of a partnership, all partners shall be named.

3.6.6. All policies and certificates of insurance filed with this Commission shall denote a definite expiration date. The expiration date shall be at least forty-five (45) days after the date of issuance.

3.6.7. Surety bonds, policies of insurance endorsements or certificates of insurance and other securities and agreements shall not be cancelled until after thirty (30) days’ notice in writing from the insurance company, surety or sureties, motor carrier, or other party thereto, as the case may be, has first been given to the Commission at its office in Charleston, West Virginia. The thirty (30) days shall commence from the date such notice is actually received at the office of the Commission.

3.6.8. Motor carriers subject to the jurisdiction of this Commission are hereby required to maintain in effect at all times the security for the protection of the public prescribed by these rules.

3.6.9. Policies of insurance as amended by the endorsements provided by these rules covering bodily injury liability, property damage liability, and cargo liability must be written by insurance companies legally authorized to transact business in this State.

3.6.10. The Commission may, at any time, refuse to accept or may revoke its approval of any surety bond, policy of insurance (or certificate of insurance in lieu thereof), qualification as a self-insurer, or other securities or agreements if, in its judgment, such security does not comply with these rules or, for any reason, fails to provide satisfactory or adequate protection for the public.

W. Va. Code R. § 150-9-4 Rules Applicable to All or Some Motor Carriers

4.1. Practice and procedure. -- The Rules of Practice and Procedure adopted by the Commission, where appropriate and applicable, shall apply to all motor carriers.

4.2. Filing of tariffs and rate schedules.

4.2.1. Filing Required -- All schedules, rules, regulations, special contracts, and other charges, or modifications of the same, for the transportation of persons or property for hire by motor vehicles shall not become effective until approved by, and filed with, the Commission.

4.2.2. Manner of Filing -- Tariffs containing all the rates, rules, and regulations of each motor carrier shall be filed in the manner prescribed by the Commission in the "Rules for the Construction and Filing of Tariffs” and such other amendments or modifications thereto that may have been, or may hereinafter be, adopted.

4.2.3. Forms for Filing -- The Commission will, upon application, furnish proper forms to be used for the filing of tariffs and applications for changes in rates, fares, and charges.

4.3. Safety rules and regulations; exceptions.

4.3.1. Every motor carrier subject to the Commission's jurisdiction and every private commercial carrier subject to the Commission's safety jurisdiction shall, without regard to whether said carrier is engaged in intrastate or interstate commerce, establish, maintain, and operate said carriers’ vehicles, equipment, and cargo in conformity with the safety rules and regulations promulgated by the U.S. Department of Transportation, Federal Highway Administration, Bureau of Motor Carrier Safety, published in Title 49 CFR parts 107, 171, 172, 173, 177, 178, 180, 325, 350, 382, 383, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, and 399 in effect on the effective date of these rules; and in Title 40 CFR part 262 in effect on the effective date of these rules. Copies of said rules and regulations may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

4.3.2. Every commercial vehicle that is operated by any carrier on the public highways of West Virginia, whether engaged in interstate or intrastate commerce, shall be operated in full compliance with the safety rules and regulations listed in the first paragraph of Rule 4.3.

4.3.3. Every motor vehicle of any capacity that is operated in the for-hire transportation of passengers or property by any motor carrier on the public highways of West Virginia, whether engaged in interstate or intrastate commerce, shall be operated in full compliance with the safety rules and regulations listed in Rule 4.3.1.

4.3.4. Notwithstanding the provisions of Title 49 CFR part 387, the provisions of Rule 3.1, rather than of Title 49 CFR part 387, shall govern the filings and limits of insurance or other financial responsibility that relate to the intrastate for-hire transportation of passengers upon the public highways of West Virginia and the intrastate for-hire transportation of nonhazardous property upon the public highways of West Virginia. Provided, however, that the provisions of Title 49 CFR part 387 shall govern the limits of insurance or other financial responsibility that relate to the intrastate and interstate transportation of hazardous property upon the public highways of West Virginia and the interstate transportation of passengers and nonhazardous property upon the public highways of West Virginia to the extent that such transportation is subject to financial responsibility and insurance regulation.

4.3.5. For the purposes of 49 CFR 395.1, which relates to hours of service of drivers, the planting and harvesting season in West Virginia runs from the first day of January through the thirty-first day of December of each calendar year, unless and until the West Virginia Legislature designates a different period for the planting and harvesting season in West Virginia.

4.4. Record maintenance and retention.

4.4.1. Every motor carrier shall maintain and retain adequate records to enable the Commission to ascertain the revenues received by, and the expenditures made by, that carrier with respect to activities over which the Commission has rate jurisdiction. Every motor carrier should also maintain and retain adequate records to enable the Commission to ascertain the revenues received by, and the expenditures made by, that carrier with respect to transportation activities over which the Commission may not have rate jurisdiction. Each current or former motor carrier shall retain the records for a period of at least thirty-six (36) months.

4.4.2. Furthermore, all current and former motor carriers shall retain all federal and state income tax forms and related schedules for at least five (5) years after the conclusion of the tax period to which those forms and schedules relate. In addition, current motor carriers must retain indefinitely any papers relating to the initial articles of incorporation or organization, and amendments thereto, and adequate documentation relating to the acquisition and depreciation of existing assets.

4.4.3. The failure by a motor carrier to maintain and retain adequate records may lead to the Commission’s dismissal or denial, in whole or in part, of a request by that motor carrier to increase its rates.

4.4.4. The provisions of Rule 4.4. do not apply to motor carriers insofar as they are exempt carriers.

4.5. Applications, documents, and other papers; facsimile filings; electronic filings.

4.5.1. Applications, documents, and other papers shall be filed with the Commission upon the forms prescribed by Rule 10 of this series, except that the Commission may accept such other forms of applications, documents, or papers, as the Commission may deem proper, if such applications, documents, or other papers contains the same information required by the prescribed forms. Each such application, document, or paper shall be accompanied by the applicable filing fee required under Rule 4.6. If no filing fee is indicated in said rule for the filing of a specific category of application, document, or paper, the filing may be made free of charge.

4.5.2. For the convenience of an applicant or carrier who prefers not to pay by cash, check, or money order, the Commission may, by general order, establish a surcharge to defray the estimated extra costs of accommodating the particular payment preferences of that applicant or carrier.

4.5.3. The Commission may, by general order, authorize facsimile filings and electronic filings.

4.6. Filing fees.

4.6.1. Application for a certificate of convenience and necessity or for a contract-carrier permit or for the amendment of a certificate or the amendment of a permit: $100.00

4.6.2. Application for the transfer of a certificate or a permit or for the transfer of several certificates and/or permits from the same transferor or to the same transferee: $75.00

4.6.3. Application for the merger of two (2) or more corporations or limited liability companies holding separate certificates or permits or of a corporation and a limited liability company holding separate certificates and permits: $100.00

4.6.4. Application for the acquisition of control of a corporation or limited liability company through acquisition of at least 50% of its stock or membership interest: $100.00

4.6.5. Annual insurance registration application: $25.00

4.7. Publication of notice of hearings, of applications, or of petitions. -- Notice of a hearing, of an application, or of a petition must be published in accordance with the applicable publication order. Each affidavit of publication of notice of a hearing must be filed with the Commission on or before the day of hearing unless the Commission or Administrative Law Judge specifies a different date. Each affidavit of publication of notice of an application or of a petition must be filed in accordance with the publication order.

4.8. Violation of laws as basis for suspension or revocation of operating authority. -- The violation by a motor carrier, or its officer or agent, of any law contained in Chapters 17, 17A, 17B, 17C, 17D, 17E, 24, or 24A of the W. Va. Code, or of any state or federal environmental, health, or income-tax statute or regulation, may, pursuant to the provisions of §24A-2-5(d) and §24A-3-3(d), either as admitted by the motor carrier or as provided in a criminal proceeding, or as admitted by the motor carrier or as proved in a Commission proceeding by a preponderance of the evidence, be sufficient cause for the suspension and/or revocation of the authority of any motor carrier operating under the jurisdiction of the Commission.

4.9. Issuance and transfer of uniform vehicle identification cards with respect to motor vehicles held by same carrier.

4.9.1. Uniform vehicle identification cards shall be issued only in the name under which the authority held by an authorized wrecker company, or the certificate or permit held by a motor carrier, as the case may be, is held.

4.9.2. The transfer of uniform vehicle identification cards shall be authorized, subject to the following rules, restrictions, and limitations: A fee of one dollar ($1.00) will be charged and collected for the transfer of each uniform vehicle identification card, provided that the old card is returned to this Commission at the time of the transfer. If the old card is not returned a new uniform vehicle identification card must be purchased for the new vehicle at an issuance fee of three dollars ($3.00). Transfers will be permitted only from one motor vehicle to another motor vehicle owned by the same authorized motor carrier. A uniform vehicle identification card issued for a motor vehicle that has been replaced by a motor carrier may be used on the replacement equipment for a period of not more than ten (10) days before a proper transfer is made by the Commission upon application of the carrier.

4.10. Acquisition and surrender of uniform vehicle identification cards by carriers in cases involving the transfer of certificates or permits.

4.10.1. The approved transferees of one (1) or more certificates of convenience and necessity and/or contract-carrier permits shall acquire new uniform vehicle identification cards and pay the special annual assessments prescribed by law within a reasonable time following the issuance of the Commission order approving the transfer of the certificates and/or permits.

4.10.2. A motor carrier that has been authorized to transfer one (1) or more certificates of convenience and necessity and/or contract-carrier permits shall, within a reasonable time following the issuance of the Commission order approving the transfer of the certificates and/or permits, surrender to the Commission all uniform vehicle identification cards of the motor vehicles that it will cease operating if and when the transfer is consummated.

4.11. Requirement that motor carrier use name or authorized trade name; compliance with applicable statutes relating to trade names; exceptions.

4.11.1. No motor carrier shall use any trade name unless that name has been authorized for such carrier's use by order of the Commission.

4.11.2. No motor carrier shall apply for, or receive authorization from the Commission to use, a trade name that is the same as, or is deceptively similar to, a name or trade name under which the Commission has already authorized another motor carrier to operate, unless the latter carrier has already ceased motor-carrier operations under that name or trade name.

4.11.3. Before requesting authorization from the Commission to use a trade name or assumed name, every individual, sole proprietorship, or general partnership that holds or seeks authority from the Commission to operate as a motor carrier must first comply with the provisions of W. Va. Code §47-8-2 and must file a form with the Secretary of State’s office.

4.11.4. Before requesting authorization from the Commission to use a trade name or assumed name, every business entity organized as a corporation, limited partnership, limited liability partnership, limited liability company, business trust, or voluntary association that holds or seeks authority from the Commission to operate as a motor carrier must first comply with the provisions of W. Va. Code §47-8-4 and must file a certificate of true name in the office of the West Virginia Secretary of State.

4.11.5. The provisions of Rule 4.11.4. do not apply to motor carriers insofar as they are exempt carriers.

4.12. Requirement that motor carrier display name or trade name and certificate and/or permit number(s); additional requirement for taxicabs, limousines, and wrecker vehicles; exceptions.

4.12.1. Every motor carrier other than an exempt carrier shall display its authorized trade name (or where no such trade name is authorized, the name in which authority is held) and (except as to wrecker vehicles) at least one of its certificate or permit numbers on each side of each motor vehicle that the motor carrier operates under its operating authority excluding, however, any luxury vehicle that the carrier operates as a limousine. The letters of the carrier’s authorized trade name or name in which authority is held shall be not less than three (3) inches in height. Temporary placards may be used for leased equipment subject to this series.

4.12.2. Every common carrier by motor vehicle in the transportation of passengers in taxicab service or limousine service shall, on each side of every operating taxicab or limousine -- other than a luxury vehicle that is operated in limousine service -- display the carrier’s name or trade name and the location of its principal place of business, in lettering that is at least three (3) inches in height.

4.12.3. Every common carrier by motor vehicle in the transportation of passengers in taxicab or limousine service shall conspicuously display its rates on the right side of every operating taxicab or limousine -- other than a luxury vehicle that is operated in limousine service. Each carrier operating under a Commission-approved taxicab-zone-rate structure shall, in each of its vehicles, also display a map, clearly visible to occupants in the rear of the taxicab, showing the territory served, the various zones, and the applicable fares.

4.12.4. Every wrecker company shall also conspicuously display, on each cab door of every wrecker vehicle that it operates, the wrecker company’s name or trade name and the location of its principal place of business, in lettering that is at least three (3) inches in height.

4.13. Requirement that motor carriers and private commercial carriers operating in West Virginia obtain and display on their vehicles a United States Department of Transportation identification number; application forms; additional information to be displayed.

4.13.1. Every motor carrier and every private commercial carrier shall, where applicable, obtain and, while operating in intrastate or interstate commerce in West Virginia, shall conspicuously display on each (a) motor vehicle operated for hire; (b) motor vehicle, operated for any commercial purpose with a gross vehicle rating of ten thousand one (10,001) pounds or more; (c) motor vehicle, operated for any commercial purpose, designed to transport more than fifteen (15) passengers, including the driver; and (d) motor vehicle used to transport hazardous materials in a quantity requiring placarding under federal hazardous material regulations, as adopted by the Commission -- on the outside of that vehicle, an identification number issued by the United States Department of Transportation or Commission. This requirement is not applicable to companies that do not own or operate any motor vehicles over which the United States Department of Transportation has safety jurisdiction.

4.13.2. The Commission Staff will maintain application forms to enable carriers to apply for United States Department of Transportation identification numbers.

4.13.3. In addition to displaying the identification number issued by the United States Department of Transportation on each of its commercial motor vehicles, a carrier that owns or operates such vehicles shall also display on them any other identifying information or markings required by 49 CFR §390.21.

4.14. Resident intrastate motor carriers that also hold federal operating authority. -- Every motor carrier, resident or domiciled in West Virginia, operating both interstate, under authority granted to it by the appropriate federal agency, and intrastate, under authority granted to it by the Commission, shall pay an amount equal to that proportion of the special assessment fee (provided in subsections (b) (c) and (d) of W. Va. Code §24A-6-6 for that particular capacity of vehicle) that the gross operating revenue derived from each such carrier's intrastate operation in West Virginia bears to the gross operating revenue derived from all its operations, both intrastate and interstate, in West Virginia.

4.15. Interruption of service; exceptions. -- In any case of interruption of the regular service by any motor carrier of passengers in which the interruption is likely to continue for more than forty-eight (48) hours, the motor carrier shall file written notice, within forty-eight (48) hours after the commencement of said interruption, in the office of the Commission’s Executive Secretary of the character, cause, and probable duration of that interruption of service. This requirement does not apply to motor carriers insofar as they are exempt carriers.

4.16. Suspension of certificates and permits because of motor carrier's failure to apply for and obtain Uniform Vehicle Identification Card and to pay special assessment.

4.16.1. Pursuant to the requirements imposed upon motor carriers by W. Va. Code §§24A-6-4 and 24A-6-6, every motor carrier shall, by July 1st of each year, have applied for and have obtained at least one (1) uniform vehicle identification card using MC Form No. 1 or MC Form No. 3 attached to these rules and have paid the special annual assessment using MC Form No. 4 attached to these rules imposed upon said motor carrier, for the fiscal year commencing on said July 1st.

4.16.2. If, by August 1st of the fiscal year, a motor carrier has not yet applied for and obtained at least one (1) uniform vehicle identification card or has failed to pay the special annual assessment imposed upon the carrier, the Commission, through its Staff, shall notify the carrier, in writing, that all of its certificates and permits will be automatically suspended on October 1st of the fiscal year if the carrier, by said date, either has failed to apply for and to obtain at least one (1) uniform vehicle identification card or has failed to pay the special annual assessment.

4.16.3. Every certificate and every permit shall automatically be suspended, effective October 1st of each year, until further order of the Commission, and all operations under said certificate or permit shall automatically be suspended, if the holder of the certificate or permit, by that date, either has failed to apply for and to obtain at least one (1) uniform vehicle identification card, or has failed to pay the special annual assessment for the fiscal year in which the date falls.

4.16.4. By October 8th of the fiscal year, the Commission shall send a letter by certified mail to every motor carrier holding a certificate or permit which, according to Commission records, was suspended automatically on October 1st pursuant to this Rule. The letter shall inform the carrier that its operations have, in fact, been suspended and that it may have its suspension lifted, expeditiously, if it tenders proper payment for the special annual assessment(s) and applies for and obtains uniform vehicle identification card(s) prior to November 1st of said fiscal year. The Commission may expeditiously lift the suspension of each carrier that complies with the requirements set forth in the letter.

4.16.5. If the motor carrier fails, by November 1st of the fiscal year, to tender proper payment for the applicable annual assessment(s) or fails by that date to obtain uniform vehicle identification cards, the Commission may, on its own motion, commence proceedings to revoke all operating authority held by the carrier.

4.16.6. All letters and documents relevant to motor carriers who were suspended on October 1 of a fiscal year in accordance with Rule 4.16.3. shall be maintained in the office of the Executive Secretary of the Commission. Such records shall include copies of all warning letters, notice of the actual suspension, all subsequent correspondence with the motor carrier or its representatives, and any other relevant documents, properly stamped and dated upon receipt.

4.16.7. The provisions of Rule 4.16. do not apply to authorized wrecker companies or to motor carriers insofar as they are exempt carriers.

4.17. Prohibition of unauthorized operations and unauthorized charges, tips, and gratuities by common and contract carriers; penalties and sanctions.

4.17.1. No common carrier by motor vehicle, except an emergency substitute carrier, in the transportation of passengers or solid waste may operate on the public highways of West Virginia without first having obtained a certificate of convenience and necessity from the Commission.

4.17.2. No common carrier by motor vehicle, except an emergency substitute carrier, in the transportation of passengers or solid waste may operate on the public highways of West Virginia outside the territory set forth in its certificate(s).

4.17.3. No contract carrier by motor vehicle, except an emergency substitute carrier, in the transportation of passengers or solid waste may operate on the public highways of West Virginia without first having obtained a permit from the Commission.

4.17.4. No contract carrier by motor vehicle, except an emergency substitute carrier, in the transportation of passengers or solid waste may operate outside of the territory set forth in its permit(s).

4.17.5. No wrecker company may operate for hire over the public highways of West Virginia without first having obtained a letter of authorization to do so from the Commission’s Transportation Division.

4.17.6. No motor carrier in the transportation of passengers or solid waste and no wrecker company, as to a third-party tow, may charge, demand, collect, or receive a greater or less or different remuneration for the transportation of passengers or property, or for any service in connection therewith, than the rates, fares, and charges which have been legally established and filed with the Commission; nor may any such motor carrier or wrecker company refund, remit, discount, or rebate in any manner or by any device any portion of the rates, fares, and charges required to be collected by the tariffs on file with or ordered by the Commission. The Commission shall establish rates and charges for emergency substitute carriers upon appointment of an emergency substitute carrier.

4.17.7. Any common carrier or contract carrier by motor vehicle, except an emergency substitute carrier, in the transportation of passengers or solid waste that operates motor vehicles for hire over the public highways of West Virginia without first having obtained either a certificate of convenience and necessity or a contract carrier permit, as the case may be, from the Commission, shall be subject to criminal penalties, as well as to administrative sanctions imposed by the Commission, pursuant to Chapter 24 and 24A of the W. Va. Code.

4.17.8. No common carrier by motor vehicle, no contract carrier by motor vehicle, and no officer, employee, or agent thereof, may request, suggest, or solicit the payment of a tip or gratuity for services performed pursuant to a certificate or permit held by that carrier.

4.17.9. The operator of a motor vehicle transporting passengers or property under the authority of a certificate or permit may accept or receive a tip or gratuity offered voluntarily without violating its tariff on file with the Commission.

4.17.10. No motor carrier, and no operator of a motor vehicle operated under the authority of a certificate or permit held by that carrier, may discriminate for or against a member of the public on the basis of a payment, or nonpayment, of a tip or gratuity to an employee or agent of that carrier.

4.17.11. No motor carrier may include in its billing or invoice a tip or gratuity.

4.17.12. A common carrier or contract carrier by motor vehicle may prohibit its employees and agents from receiving or accepting any tip or gratuity for services performed under the authority held by that carrier and may also inform its customers that its employees and agents are prohibited from receiving any tip or gratuity for services performed under the authority held by that carrier.

4.17.13. The provisions of Rule 4.17. do not apply to motor carriers insofar as they are exempt carriers.

4.18. Parties to committing a violation of motor carrier law. -- No person shall commit, attempt to commit, conspire to commit, or knowingly aid or abet in the commission of, any act which is prohibited by W. Va. Code Chapter 24A or by the rules set forth in this series.

4.19. Acquisition of control of incorporated motor carriers; issuance of stock by incorporated motor carriers; acquisition of control of limited liability companies that are motor carriers; exceptions.

4.19.1. No person shall, before obtaining the Commission's consent and approval to do so, acquire, either directly or indirectly, effective control of any common carrier by motor vehicle or contract carrier by motor vehicle organized in and doing business in West Virginia.

4.19.2. No motor carrier, shall issue stocks and stock certificates, or other evidence of interest or ownership unless, in addition to other requirements of law, the carrier shall first have secured from the Commission an order authorizing the issue, stating the amount thereof and the purposes to which the issue or the proceeds thereof are to be applied, and stating that, in the opinion of the Commission, the issue is reasonably required for the purposes specified in the order: Provided that the issuance of stocks and stock certificates or other evidence of interest or ownership by an entity which devotes one (1) or more of its divisions to the provision of a public service set forth in W. Va. Code §24-2-1 shall be exempted from the requirements hereof when the gross revenues generated by all such divisions represent less than twenty-five percent (25%) of the gross revenues generated by the entity.

4.19.3. The provisions of Rule 4.19. do not apply to an individual who is acquiring control of a wrecker company that does not perform third-party tows.

4.19.4. Any individual or other person that has, after July 1, 2003, acquired control of a wrecker company -- through the acquisition of greater than fifty percent (50%) of its corporate stock, if the wrecker company is a corporation organized and doing business in West Virginia, or through the acquisition of greater than fifty percent (50%) of its membership interest, if the wrecker company is a limited liability company organized and doing business in West Virginia -- shall, within thirty (30) days after the acquisition of control, file a letter with the office of the Executive Secretary of the Commission, explaining the specifics of that acquisition. The letter shall set forth the name of, address of, and telephone number of, and percentage of ownership interest held by, each former and present holder of greater than ten percent (10%) of the stock or membership interest, as the case may be.

4.20. Transfer of certificates and permits and consummation thereof.

4.20.1. If the motor carrier to which a certificate of convenience and necessity will be transferred already possesses one or more certificates of convenience and necessity for the same commodity, the Commission shall make a decision on the requested transfer within ninety (90) days of filing provided the application submitted is complete. If the Commission determines that the filing is incomplete, the Commission shall inform the applicant within ten (10) days of filing that the filing is incomplete and shall state the information that needs to be submitted.

4.20.2. Within a reasonable period of time after the date of a Commission order approving the transfer of a certificate or permit, the certificate or permit holder shall inform the Commission in writing as to whether said transfer has, in fact, been consummated, and, if so, the date upon which it was consummated.

4.20.3. If, within a reasonable period of time after the date of the order, the proposed transferor and the proposed transferee notify the Commission that they have not consummated the transfer, or if, by the end of the period, at least one of the parties fails to notify the Commission, in writing, as to whether the transfer has been consummated, the Commission shall enter such further orders in the case as the Commission may deem appropriate.

4.21. Descriptions of operating authority in applications and orders.

4.21.1. Every application for a certificate or permit which is filed with the Commission shall contain an unambiguous description of the total territory within which, or the total route along which, the holder of said certificate or permit proposes to operate.

4.21.2. Every certificate or permit shall have the operating authority set forth therein described either in terms of territory or in terms of routes, but not both.

4.21.3. With the exceptions of present or past municipal boundaries, every component of the description of a route or territory in a certificate or permit which is being issued, transferred, or amended must be readily ascertainable by reference to the applicable county road maps most recently issued by the West Virginia Division of Highways. Every highway route listed in a certificate or permit shall conform, in an unambiguous fashion, to the latest designation by the West Virginia Division of Highways.

4.21.4. No reference to unincorporated communities shall be made in certificates or permits issued by the Commission.

4.21.5. Every application involving the issuance, transfer, or amendment of a certificate or permit, which application describes operating authority in terms of routes (rather than in terms of territory), shall be accompanied by copies of the most recent county road maps (or portions thereof) issued by the West Virginia Division of Highways applicable to said routes, with said routes visibly marked on said maps.

4.21.6. If an application for a certificate or permit or an application for the Commission's approval of the transfer of a certificate or permit or an application for the amendment of a certificate or permit does not conform to the requirements set forth in this rule, said application shall not be processed unless and until it is amended to comply with this rule.

4.22. Rates, fares, and charges by common carriers and contract carriers by motor vehicle.

4.22.1. Every common carrier by motor vehicle and every contract carrier by motor vehicle shall file tariffs reflecting the rates, fares, and charges approved by the Commission for said carriers.

4.22.2. No contract carrier by motor vehicle shall collect from a customer, rates, fares, or charges which are less than the lowest rates, fares, or charges approved or permitted by the Commission for common carriers by motor vehicle providing substantially the same service along any route on which, or within any part of the territory in which (as the case may be), said contract carrier by motor vehicle is authorized to operate.

4.23. Mandatory transfer of certificate or permit after death of holder(s). -- Within three (3) years after the death of one (1) or more holders of a certificate or permit, the personal representative of each such holder shall either apply to the Commission for the approval of the transfer of said certificate or permit or apply to the Commission for the approval of the discontinuance of operations under said certificate or permit. Provided, however, that this rule shall not apply to a certificate or permit held by joint tenants until all joint tenants have died.

4.24. Inspection and examination of land, buildings, equipment, records, and papers of motor carriers, and private commercial carriers. -- Employees of the Commission are authorized to enter upon, to inspect, and to examine any and all lands, buildings, and equipment of motor carriers and private commercial carriers and to inspect and copy any and all accounts, books, records, memoranda, correspondence, and other documents of such carriers. Every motor carrier and every private commercial carrier shall submit their accounts, books, records, memoranda, correspondence, and other documents for inspection and copying, and shall submit their lands, buildings, and equipment for examination and inspection, to any employee of the Commission upon the oral or written request of such employee.

4.25. Prohibition on use and possession of radar detectors in commercial vehicles; seizure; destruction of radar detectors as contraband.

4.25.1. No person may, while operating a commercial motor vehicle on the public highways of West Virginia, use a radar detector.

4.25.2. No person may, while operating a commercial vehicle on the public highways of West Virginia possess a radar detector. Provided, however, that this prohibition does not apply to a radar detector that is (a) transported outside the driver’s compartment of the commercial vehicle and (b) is completely inaccessible to, inoperable by, and imperceptible to the driver while he or she is operating the commercial motor vehicle. For the purpose of this provision, the driver’s compartment of a passenger-carrying commercial motor vehicle shall include all space designed to accommodate the driver and/or the passengers.

4.25.3. Enforcement officers of the Commission may seize, as evidence and/or contraband, any radar detector that is used or possessed in violation of Rule 4.25.

4.25.4. Upon order of the Commission, after notice has been given to the operator of, owner of, and, where applicable, the lessee of, a motor vehicle in which a radar detector was used or possessed in violation of Rule 4.25.1., the radar detector may be destroyed as contraband.

4.26. Requirement that motor carriers inform customers of regulatory jurisdiction of Commission. -- Every bill or invoice issued by, or on behalf of, a motor carrier of passengers in limousine service or taxicab service, or by, or on behalf of, a motor carrier of solid waste, must include the following words in bold capital letters: “The rates and practices of this motor carrier are regulated by the Public Service Commission of West Virginia. If you feel that you have been overcharged or treated unfairly, you may call 1-800-642-8544 to obtain information about filing a complaint.”

W. Va. Code R. § 150-9-5 Rules and Regulations Applicable to Motor Carriers Transporting Passengers

5.1. Transportation of property by motor carriers of passengers.

5.1.1. A motor carrier authorized to transport passengers may also transport property if the transportation of property is performed in a safe and lawful manner.

5.1.2. Passenger-carrying vans regulated by the Commission must be equipped with a device to secure any item that could become a projectile, including but not limited to carry-on luggage, tools, tires, jacks or like items.

5.2. Safety and sanitation in vehicles in which passengers are transported. -- All motor vehicles in which passengers are being transported in intrastate common or contract carriage in West Virginia shall be maintained in a safe, clean, and sanitary condition at all times.

5.3. Use of taxicab by several different passengers at the same time.

5.3.1. When an individual or individuals engage a taxicab for transportation under the rates fixed by approved tariffs the driver shall not transport any other individual, or individuals, in such taxicab unless, before the trip is started, the driver of such taxicab obtains the consent of the original passenger, or passengers, to pick up additional passengers on the trip. In the event permission is not obtained before the trip is started, the driver shall not seek permission in the course of the trip, and will not pick up additional persons. Service shall not be denied to the original passenger because of the refusal of that individual to grant such permission.

5.3.2. If several individuals who have boarded a taxicab at one location choose to be transported to a single common destination, the driver of the taxicab shall charge them at rates fixed by the applicable tariff as if they are all members of the same party unless they are unwilling to agree on how to apportion the fare among themselves. If they are unable to agree on how to apportion the fare, the taxicab driver shall still charge the same total fare as if they are all members of the same party but shall apportion the fare equally among those individuals.

5.3.3. If several individuals who have boarded a taxicab at one location choose to be transported to different destinations, the driver shall, for each separate destination, charge the individual or individuals leaving the taxicab at that destination as if that individual or those individuals were the only passenger or passengers in the taxicab.

5.4. Taxicab stopovers. -- When two (2) or more passengers, not members of the same party, are being transported in taxicab service the driver shall not make a stopover for the purpose of permitting any passenger, or passengers, to leave and return to the cab until any other passenger, or passengers, have been delivered to their destination. This provision may be waived upon the consent of the affected passengers.

5.5. Service by taxicabs in entire operating territory.

5.5.1. A driver shall not deny taxi service because an individual desires transportation in a direction or to a destination other than that in which, or to which, the taxicab driver desires to operate. This prohibition does not apply to a proposed trip that a common carrier by motor vehicle in the transportation of passengers in taxicab service lacks operating authority to make.

5.5.2. A common carrier by motor vehicle in the transportation of passengers in taxicab or limousine service shall not direct or permit any taxicab driver or limousine driver to limit transportation of passengers from any specific area of origination to any specific destination or territory other than the complete territory authorized under that carrier’s certificate(s).

5.5.3. For trips in which the destination is estimated to be more than ten (10) road miles from the point of origination, the driver of a taxicab may, prior to commencing the trip, require that the passenger or passengers advance the driver up to one half of the total estimated charge for that trip.

5.6. Unauthorized persons within taxicabs. -- No individual other than the driver shall be allowed within any taxicab unless that other individual is a fare-paying passenger actually being transported, except when the training or supervision of a driver is authorized by the certificate holder.

5.7. Responsibility for servicing and maintenance. -- The holder of a certificate authorizing operation in taxicab service shall be responsible for the servicing and maintenance of each vehicle operated under such certificate and shall not delegate that responsibility to a driver, except as provided in Rule 5.8. and P.S.C. W. Va. M.C. Form No. 55. Nor shall any driver be required to pay for such servicing or maintenance, except as provided in Rule 5.8. and P.S.C. W. VA. M.C. Form No. 55.

5.8. Taxicab leasing; leased equipment.

5.8.1. No certificate holder shall lease or rent a motor vehicle to the driver thereof for use as a taxicab except as provided by P.S.C. M.C. Form No. 55.

5.8.2. The holder of a certificate authorizing operation in taxicab service may lease from another person (the lessor) any or all equipment necessary or convenient for operations under said certificate. The lessor of such equipment shall not be directly or indirectly involved in the operation of said equipment, which shall remain under the exclusive direction and control of the certificate holder (lessee) for the duration of the lease.

5.9. Inspection facilities. -- Every motor carrier authorized to transport passengers shall provide sufficient facilities and assistance to Commission personnel for the purpose of conducting vehicle safety inspections. Such facilities shall include the use of a lift and floor jack.

5.10. Twenty-four (24) hour service. -- A common carrier by motor vehicle of passengers in taxicab service shall provide service to the public twenty-four (24) hours per day, seven (7) days per week.

5.11. Taxicab metering. -- Every common carrier by motor vehicle of passengers in taxicab service shall be required to equip each motor vehicle operated by it for the transportation of passengers in taxicab service with a taximeter which shall be used for computation of taxicab fares according to the carrier's authorized tariff.

5.12. Taxicab and limousine inspection. -- Every vehicle registered by a motor carrier of passengers by taxicab or limousine shall, prior to the vehicle’s registration with the Commission, be inspected for compliance with the Commission's safety rules and regulations. The vehicle shall not be registered until it is in compliance with said rules and regulations.

5.13. Requirement that limousines and taxicabs have working seatbelts for driver and all passengers. Every limousine and every taxicab must have working seatbelts for the driver and for all other individuals transported in the limousine or taxicab.

5.14. Requirement that common carriers by motor vehicle operate motor vehicles as buses, limousines, or taxicabs.

5.14.1. Any applicant for common carrier authority to transport passengers must, in a single application, apply to do one of three (3) things: (1) transport passengers in bus service, (2) transport passengers in limousine service, or (3) transport passengers in taxicab service.

5.14.2. If a certificate authorizing a common carrier by motor vehicle to transport passengers does not indicate a specific type of service (bus, limousine, or taxicab), that certificate shall authorize its holder to transport passengers in limousine service and the holder of that certificate must comply with the rules in this series that apply to limousine service.

W. Va. Code R. § 150-9-6 Rules and Regulations Applicable To Wrecker Companies

6.1. Prohibition of for-hire third-party towing by unauthorized wrecker company. -- No wrecker company, other than an authorized wrecker company, shall transport motor vehicles for hire, by wrecker truck.

6.2. Authorization and printed invoice required for third-party tow; necessary information; period for retention of records.

6.2.1. No wrecker company, other than an authorized wrecker company, may charge for wrecker service, or for services incidental to wrecker service, with respect to a third-party tow.

6.2.2. A wrecker company must describe all charges for wrecker service, or for services incidental to wrecker service, with respect to a third-party tow, on a printed invoice substantially similar to P.S.C. W.Va. M.C. FORM No. 65 and containing each of the categories of information required by Rule 6.2.5.

6.2.3. The wrecker company shall send a copy of the invoice for wrecker service containing information required by Rule 6.2.5., to the registered owner of the towed vehicle, by United States First Class Mail within fifteen (15) days of the date of the tow for vehicles registered in West Virginia and within thirty (30) days of the date of the tow for vehicles registered outside of West Virginia. In either event, the wrecker company shall mail the information within twenty-four (24) hours of receiving identification of the registered owner. The wrecker company shall provide the original invoice to the individual who makes payment for wrecker service, and shall provide a copy of the invoice on request and at no charge to the owner, operator, or insurer of the towed vehicle.

6.2.4. The wrecker company shall retain a copy of each invoice for wrecker service with respect to a third-party tow for a period of at least three (3) years after the last date of service by the wrecker company with respect to that third-party tow.

6.2.5. The wrecker company shall include the following information on every invoice with respect to third-party tows:

6.2.5.a. the name, trade name, if any, address, and telephone number of the wrecker company, including the address and telephone number of the storage facility if it is in a separate location from the wrecker company main office;

6.2.5.b. the date and time that the request for wrecker service was received;

6.2.5.c. the name and address and/or telephone number, of the individual who requested the wrecker service; or, if the request for service came from emergency personnel or an E911 dispatcher, a means of identifying the requesting entity;

6.2.5.d. the license plate number and brief description of the wrecker vehicle used to perform the tow that will allow identification of the wrecker vehicle sufficient for determining the applicable tariff rate and the date, time, and place of departure of each such wrecker vehicle;

6.2.5.e. the original location of the vehicle requiring the third-party tow;

6.2.5.f. the place to which the towed vehicle was transported and the date and time of arrival;

6.2.5.g. the date and time that the wrecker vehicle returned to the base of operations or was dispatched pursuant to the next call, whichever came first;

6.2.5.h. identifying information regarding the towed vehicle, including a general description of the vehicle, the make, model and license plate state and license plate number of the towed vehicle, and the Vehicle Identification Number, to the extent such information is available;

6.2.5.i. an itemization of the charges for towing (including a statement of the hourly and per unit tariff rates applicable to the tow), storage time (including the daily fee for storage), and any other service rendered pursuant to the wrecker company’s tariff, attaching extra pages to the invoice if necessary;

6.2.5.j. a schedule including the Commission-approved rates and charges in the wrecker company’s tariff on file with respect to third-party tows (which schedule may appear on a subsequent page or pages, or back of a page, if referenced on the front page in bold letters), or a statement that a copy of the tariff is available on request;

6.2.5.j.1. the following words which must appear on the front of the invoice in bold capital letters: “The rates and charges for third-party tow wrecker service, and for services incidental thereto, are regulated by the Public Service Commission of West Virginia. If you feel that you have been charged unfairly, you may complain to that agency at the following address: Executive Secretary, Public Service Commission of West Virginia, P.O. Box 812, Charleston, WV 25323.”

6.2.5.k. a statement that the equipment used for the tow was necessary and asserting that the application of the rates is correct, signed by the owner of the wrecker company or by an authorized employee;

6.2.5.l. the address, telephone number and days and hours of operation of the storage facility from which the towed vehicle may be retrieved; and,

6.2.5.m. a statement that the registered owner of the towed vehicle or the designee of the registered owner may have access to the vehicle during normal business hours at no charge, for the purpose of retrieving personal property that is not attached to the vehicle, unless law enforcement has placed a hold on the vehicle. Retrieval allowed by this rule does not apply to cargo hauled by a commercial vehicle, either truck or trailer.

6.3. Prohibition on charging for use of vehicle of unnecessary capacity. -- In no case shall the charge for a wrecker vehicle used in a third-party tow be greater than the charge for a wrecker vehicle of the capacity needed to perform the service.

6.4. Storage charge. -- A wrecker shall not charge for storage service incidental to a third-party tow, unless the wrecker company has complied with Rule 6.9. and has, prior to the storage of the vehicle in question, filed with the Commission the lawful rates and charges for such service. Charges for “inside storage” with respect to a third-party tow shall be assessed pursuant to the wrecker company’s tariff and shall be assessed only if the towed vehicle has been stored inside a roofed building. For third-party tows, all other storage shall be considered “outside storage”. All inside storage and all outside storage shall comply with the provisions of Rule 6.9.

6.5. Revolving light and designation of employment.

6.5.1. Every wrecker vehicle used by a wrecker company must be equipped with a revolving or strobe flashing lighted lamp visible under normal atmospheric conditions from a distance of five-hundred (500) feet. The lamp must be situated on top of the cab or other position, where it can be seen by those approaching the wrecker vehicle from any direction. (NOTE: Before installing the lamp required by this rule, the carrier must obtain an Emergency Vehicle Permit as required by Chapter 17C, Code of West Virginia, and Administrative Regulations promulgated thereunder by the West Virginia Division of Motor Vehicles. West Virginia law also designates the color of the lens for an emergency vehicle light.)

6.5.2. Identification for employees. Every employee whose duties regularly require interaction with third-party tow customers shall wear a distinguishing uniform or insignia identifying the person as an employee of the wrecker company, or shall carry a photo identification card identifying the person as an employee of the wrecker company. The identification card shall contain the telephone number of the wrecker company as well as other pertinent information necessary to identify the employee.

6.6. Highway cleanup. -- Every wrecker vehicle used by a wrecker company must carry a broom and shovel and the driver of and/or helper on the wrecker vehicle shall, when servicing a wreck leaving debris upon the highway, clean up and remove that debris upon the highway that can be removed by a broom and shovel.

6.7. Special equipment. -- Every wrecker vehicle used by a wrecker company shall be equipped with the following: (a) fire axe, or single-bitted axe and crowbar; (b) first-aid kit complying with Title 49 CFR §393.96(c) as amended; (c) fire extinguisher (charged); (d) chock blocks; (e) safety flares; and (f) safety triangles.

6.8. Type of wrecker equipment. -- Every wrecker vehicle operated by a wrecker company shall meet the following specifications.

6.8.1. One ton wrecker vehicle.

6.8.1.a. A truck chassis with a manufacturer's rated capacity of at least ten thousand (10,000) pounds, gross vehicle weight. Mounted on the chassis must be a complete commercially manufactured crane and winch having a manufacturer's capacity rating of at least four (4) tons.

6.8.1.b. At least 100 feet (with a tolerance of twenty-five percent (25%)) of 3/8" diameter cable attached to the wrecker winch.

6.8.1.c. A tow sling which must be commercially manufactured and designed to prevent damage to vehicle. Electric or hand crank winches do not satisfy the requirements of Rule 6.8.

6.8.2. Two (2) ton wrecker vehicle.

6.8.2.a. A truck chassis with a manufacturer's rated capacity of at least fifteen thousand (15,000) pounds, gross vehicle weight. Mounted on the chassis must be a complete commercially manufactured crane and twin winch having a manufacturer’s capacity rating of at least ten (10) tons.

6.8.2.b. At least 100 feet (with a tolerance of twenty-five percent [25%]) of 7/16" diameter cable attached to each wrecker winch.

6.8.2.c. A tow sling which must be commercially manufactured and designed to prevent damage to vehicle.

6.8.3. Three (3) ton wrecker vehicle.

6.8.3.a. A truck chassis with a manufacturer’s rated capacity of at least twenty-four thousand (24,000) pounds, gross vehicle weight. Mounted on the chassis must be a complete commercially manufactured crane and twin winch having a manufacturer’s capacity rating of at least twenty (20) tons.

6.8.3.b. At least 200 feet (with a tolerance of twenty-five percent [25%]) of cable, on each winch, at least 9/16" in diameter.

6.8.3.c. Airbases designed to lock the rear wheels automatically upon failure, and to supply air to disabled vehicles.

6.8.3.d. A tow sling which must be commercially manufactured and designed to prevent damage to vehicle.

6.8.4. Rollback wrecker vehicle (light).

6.8.4.a. A truck chassis with a manufacturer's rated capacity of at least ten thousand (10,000) pounds, gross vehicle weight with 102" CA dimension. Mounted on the chassis must be a complete commercially manufactured hydraulic operated slide back carrier with a manufacturer's capacity rating of at least four (4) tons and a minimum length of 17 feet.

6.8.4.b. One (1) hydraulic winch of not less than four (4) tons capacity.

6.8.4.c. A minimum of 30 feet of 3/8" diameter cable.

6.8.5. Rollback wrecker vehicle (heavy).

6.8.5.a. A truck chassis with a manufacturer's rated capacity of at least fifteen thousand (15,000) pounds, gross vehicle weight with 102" CA dimension. Mounted on the chassis must be a complete commercially manufactured hydraulic operated slide back carrier with a manufacturer's rating of at least six (6) tons and a minimum length of 18 feet.

6.8.5.b. Fifty (50) feet of 3/8" diameter cable.

6.9. Storage facilities for motor vehicles transported in third-party tows by wrecker companies.

6.9.1. Any authorization by the Commission of a wrecker company to transport motor vehicles for hire shall in no way diminish the wrecker company’s responsibility to store its towed vehicles in accordance with Chapter 17, Article 23, of the W. Va. Code, and all lawful rules and regulations promulgated pursuant thereto. The fact that the Commission retains some jurisdiction over the towing of wrecked vehicles shall not in any way diminish the authority of the West Virginia Division of Highways, or of its Commissioner, to regulate any and all storage, be it temporary or permanent, of junked, dismantled, or wrecked motor vehicles, or parts thereof, which have been towed by wrecker companies.

6.9.2. No wrecker company shall store, or deliver to a place of storage, any motor vehicle or part thereof that has been transported thereto pursuant to a third-party tow unless the place of storage is either:

6.9.2.a. a structure fully enclosed by walls and a roof;

6.9.2.b. a salvage yard duly licensed by the Commissioner of Highways, pursuant to W. Va. Code §17-23-3; or

6.9.2.c. a facility completely enclosed by a fence, or other suitable barrier, which is both:

6.9.2.c.1. reasonably capable of preventing the theft of the stored vehicles or parts thereof; and

6.9.2.c.2. at least eight (8) feet in height.

6.9.3. A wrecker company shall not, with respect to a third-party tow, store, or deliver to a place of storage, a motor vehicle, or part thereof, which is junked or dismantled or so wrecked that it is not reasonably capable of being returned to an operable condition, unless the place of storage is either:

6.9.3.a. a structure fully enclosed by walls and a roof;

6.9.3.b. a salvage yard which has been both:

6.9.3.b.1. issued a license by the Commissioner of Highways, pursuant to W. Va. Code §17-13-3; and

6.9.3.b.2. issued a salvage-yard permit by the county planning commission or other appropriate county agency having jurisdiction over the place of storage; or

6.9.3.c. a facility which is operated as a place for the occasional, but temporary, storage of junked, dismantled, or totally wrecked motor vehicles, or parts thereof, in compliance with Rule 6.9.4.

6.9.4. A wrecker company may temporarily store a junked, dismantled, or totally wrecked motor vehicle, or part thereof, in a facility owned by that operator if:

6.9.4.a. the facility is completely enclosed by a fence, or other suitable barrier, which is both:

6.9.4.a.1. reasonably capable of preventing the theft of the stored vehicle or part thereof; and

6.9.4.a.2. at least eight (8) feet in height;

6.9.4.b. that vehicle, or part thereof, is both:

6.9.4.b.1. stored at least twenty (20) feet from the paved section of the nearest street, road, or highway; and

6.9.4.b.2. completely secluded from view from any and all nearby points off the premises, or completely covered by some form of opaque material; and

6.9.4.c. no more than three (3) such vehicles are stored at the same time at the same facility.

6.9.5. For the first thirty (30) days during which a wrecked vehicle is stored, the burden of demonstrating that the vehicle is not reasonably capable of being returned to an operable condition shall be upon the Commission or its employees. When that initial thirty-day storage period has passed, the burden of proof shall shift to the wrecker company, which must then:

6.9.5.a. demonstrate that the vehicle is reasonably capable of being returned to an operable condition; or

6.9.5.b. ensure that the vehicle is stored at one of the places of storage described in Rule 6.9.3.of this section.

6.9.6. The wrecker company shall allow the registered owner of the towed vehicle, or the designee of the registered owner, access to the vehicle during normal business hours, at no charge, for the purpose of retrieving personal property that is not attached to the vehicle; provided, that access to the vehicle will not be permitted if law enforcement has placed a hold on the vehicle. Personal property retrieved pursuant to this rule does not include cargo contained in a commercial vehicle.

6.10. Prohibition on temporarily leaving or parking towed vehicles next to public highway; exception.

6.10.1. Except as provided in Rule 6.10.2., no wrecker company shall, even temporarily, leave or park a towed motor vehicle, or portion thereof, within twenty (20) feet of the nearest section of paved public highway unless the towed motor vehicle, or portion thereof, is separated from the public highway by a fence, guardrail, or other physical barrier that would prevent a motor vehicle traveling along the public highway from colliding with the parked towed vehicle, or portion thereof.

6.10.2. The prohibitions in this rule shall not apply to the placement of motor vehicles, or portions thereof, within one-half mile of the scene of an accident or of a traffic blockage involving those motor vehicles. Provided, however, that the wrecker company or companies involved in making such placement shall transport such motor vehicles, or portions thereof, to an appropriate storage facility or other appropriate destination as soon as is practicable after the accident scene has been cleared or the traffic blockage has been eliminated.

6.11. Prohibition on transporting towed vehicle without conspicuous illumination. -- In addition to complying with safety rules that have been promulgated by the United States Department of Transportation and incorporated by reference in Rule 4.3, every wrecker company that tows a motor vehicle must ensure that the illumination of the rear part of the towed vehicle is conspicuous and bright enough to alert nearby motorists of the location of the end of the vehicle that is being towed. To accomplish this, the wrecker company shall, where appropriate, use conspicuous reflectors.

6.12. Process for resolution of third-party tow complaints.

6.12.1. A vehicle owner, operator, or insurer, who believes that the charges for a third-party tow or recovery are improper or excessive may file a complaint with the Commission consistent with the Commission Rules of Practice and Procedure, 150 C.S.R. 1.

6.12.2. All third-party tow complaint cases will be immediately referred to the Division of Administrative Law Judges upon filing and in all other respects the case will be processed in the same manner as residential billing dispute cases, as that process may be modified by further Commission Order. The Division of Administrative Law Judges shall have the same powers to resolve a third-party tow complaint as those granted by the Commission for resolution of residential billing complaint cases, and as those powers may be modified by further Commission Order.

6.12.3. The wrecker company shall bear the burden of proof that the application of its approved rates is fair, effective and reasonable and based on the service(s) required. The wrecker company shall file with its response to a complaint a copy of the invoice it provided to the registered owner of the towed vehicle pursuant to Rule 6.2.3.

6.12.4. Failure to include the information required by Rule 6.2.5. on a printed invoice may result in disallowance of some or all charges for wrecker service, which could result in reduction of the charge to the minimum charge for the type of vehicle towed.

6.12.5. In considering whether the application of approved rates by a wrecker company for a third-party tow are fair, effective and reasonable, the Commission shall consider, but shall not be limited to, the following factors:

6.12.5.a. the type and size of wrecker and special equipment needed to recover or tow;

6.12.5.b. total time to complete the recovery or tow;

6.12.5.c. the number of regular and extra employees required to complete the recovery or tow;

6.12.5.d. the location of the vehicle to be recovered or towed;

6.12.5.e. the materials or cargo involved in the recovery or tow;

6.12.5.f. weather conditions; and

6.12.5.g. any other relevant information having a direct effect on the application of approved rates to the recovery, tow and storage of a recovered or towed vehicle.

6.12.6. Refund of charges.

6.12.6.a. A Recommended Decision or Final Order that requires a wrecker company to refund part or all of the charges for wrecker service for a third-party tow must contain appropriate findings of fact and conclusions of law supporting the refund, and must require the wrecker company to make payment within twenty (20) days of the date the decision is final and submit a copy of the check to the Commission within five (5) days thereafter.

6.12.6.b. If the wrecker company does not make payment within the twenty (20) day period described in Rule 6.12.6.a., the complainant or Staff may file a request for issuance of an order suspending the registration held by the wrecker company and directing the Commission’s Motor Carrier Division to take the appropriate steps to notify E-911 dispatch centers to remove the wrecker company from lists of responders for third-party tows. If payment is not made within twenty (20) days of filing such request, the Commission shall issue a Final Order granting that relief which shall remain in effect until the wrecker company makes payment or successfully petitions for other relief.

6.12.6.c. If an order as described in Rule 6.12.6.b. has issued, upon the filing by the wrecker operator of a copy of the check used to pay the refund, the Commission will issue a Final Order reinstating the registration held by the wrecker company and directing the Commission’s Motor Carrier Division to take the appropriate steps to notify E-911 dispatch centers to include the wrecker company on lists of responders for third-party tows.

6.13. Establishment of Statewide rates for third-party towing services provided by a wrecker company. -- The Commission will periodically review maximum statewide wrecker rates for third-party tows, including rates for the use of special equipment in towing and recovery work, to ensure that rates are fair, effective, and reasonable. The Commission’s review will occur through a general investigation. The Commission will base its review of maximum statewide wrecker rates primarily on the cost of providing services, which shall include a comparison of reasonable prices in the region for wrecker services associated with recovery or tows. The Commission generally will disapprove hourly and flat rates for the use of ancillary equipment.

6.14. Sunset date. -- 6.14.1. The rules contained in Rules 6.12 and 6.13 shall terminate and be of no further force and effect on July 1, 2021, unless reauthorized by the West Virginia Legislature.

W. Va. Code R. § 150-9-7 Rules Applicable To Motor Carriers Transporting Solid Waste

7.1. Application of rules. -- The rules in this section shall apply to all motor carriers engaged in the transportation of solid waste.

7.2. Conditions of service.

7.2.1. With respect to a residential customer, a common carrier by motor vehicle of solid waste is not required to pick up solid waste unless the customer places the solid waste at curbside or roadside of a public highway or public access route serving the customer's premises. Provided, however, that a carrier shall make exceptions to this rule, upon prior request, for households solely occupied by individuals who are incapacitated by illness or disability or where circumstances make curbside or roadside placement of solid waste either impractical or unreasonable.

7.2.2. Every motor carrier of solid waste shall maintain all motor vehicles used in the transportation of solid waste in a proper and sanitary operating condition.

7.2.3. Every motor carrier of solid waste in residential service shall provide and maintain a regularly scheduled pickup service. The carrier shall give each residential customer the schedule of pickup service to be provided. Exceptions to the regularly scheduled pickup service shall only be for reasons beyond the carrier's control, including, but not limited to, dangerous road conditions, inclement weather, flooding and road closures. These exceptions shall be at the discretion of the motor carrier. A motor carrier shall report interruptions lasting longer than five (5) days to the Commission and the motor carrier and Commission Staff shall establish a contingency pick-up arrangement for the affected customers.

7.2.4. To allow its customers to communicate with it, every motor carrier of solid waste shall be reachable by telephone during normal business hours and shall attempt to respond to telephone messages by customers within twenty-four (24) hours of any telephone message left by a customer during normal business hours. All telephone service from places within the carrier’s certificated territory to the carrier’s telephone number(s) shall be toll-free.

7.2.5. A motor carrier of solid waste or its employees may, but are not required to, accept payment of bills along the operating route.

7.2.6. Every motor carrier of solid waste shall establish at least two (2) payment options, including the United States Mail and a designated place convenient to a majority of the carrier's customer.

7.2.7. Except as to the transportation of bulky goods, a common carrier by motor vehicle of solid waste may refuse to collect solid waste from a residential customer unless that solid waste is in a suitable, waterproof container with a loaded weight of thirty (30) pounds or less. For purposes of this rule, the term "container" shall include plastic bags and garbage cans.

7.2.8. A motor carrier of solid waste may refuse to collect solid waste that was not generated by the individuals residing in the household of a subscribing residential customer.

7.2.9. A motor carrier of solid waste may not impose a specific bag, quantity, or weight limit on waste generated by a residential customer without prior approval by the Commission.

7.2.10. Motor carriers of solid waste are encouraged to apply for the Commission's approval of either optional or mandatory usage-sensitive rates (for example, a per-bag rate). If a carrier's Commission-approved tariff includes a usage-sensitive rate as a customer option, the carrier may be authorized to charge a flat rate covering the weekly pickup of the contents of a certain number of containers per customer household; in such cases, the customers would be required to pay usage-sensitive rates for weekly accumulations above the established container limit.

7.2.11. A motor carrier of solid waste in residential service is not required to collect and transport automotive components, parts, or frames that weigh more than two hundred (200) pounds each. A residential customer should use an authorized wrecker company to transport such items to a salvage yard or other appropriate destination.

7.2.12. A motor carrier of solid waste is not required to collect and transport from a subscribing residential customer household any construction and demolition debris that was not generated by projects located on the property of that subscribing residential customer household.

7.2.13. The compensation for the collection and transportation of construction and demolition materials and tires with a radius greater than 16.5 inches from subscribing and non-subscribing residents shall be negotiated between the resident and the solid waste motor carrier.

7.2.14. A motor carrier of solid waste is not required to empty containers in which burning has taken place.

7.2.15. A motor carrier of solid waste is not responsible for cleaning up any solid waste spilled by it when making pickups.

7.2.16. Nothing in Rule 7.2. shall be construed to require a motor carrier of solid waste to collect or transport materials that the solid waste facilities used by that carrier can lawfully refuse to accept.

7.2.17. A motor carrier of solid waste may identify residential customers by use of identification stickers, provided that subscribing customers shall continue to receive service in the event an identification sticker becomes lost or stolen.

7.2.18. Upon notice to its customers, a motor carrier of solid waste may require residential customers to properly dispose of hypodermic needles as a condition of service.

7.3. Termination of service for nonpayment of bill.

7.3.1. Unless otherwise provided in the tariff of a motor carrier of solid waste, a bill is due at the end of the period of service for which a bill, coupon, or voucher, as the case may be, has been issued. Upon providing written notice, as hereinafter set forth in this Rule, a motor carrier of solid waste may terminate service to any customer who has failed to pay any one bill within thirty (30) days after the due date.

7.3.2. Notice of termination of service shall be in writing and shall be given by United States Mail at least seven (7) days prior to the termination of service. The notice shall specifically inform the customer that his service will terminate as of a specified date. The notice shall include a statement that West Virginia law requires citizens to properly dispose of solid waste by subscribing to solid waste collection service or by transporting their own solid waste to a solid waste facility.

7.4. Participation in recycling programs.

7.4.1. Every motor carrier of solid waste shall participate in a recycling program which attempts to address at least thirty (30) percent of the waste stream generated by the carrier's customers.

7.4.2. To recover additional estimated costs associated with the recycling program, any motor carrier of solid waste may apply for the approval of a surcharge to apply to all of its customers.

7.5. Furnishing list of customers, or of non-subscribing waste generators, to solid waste authorities.

7.5.1. Every common carrier of solid waste shall, on an annual basis, provide a customer count to each county or regional solid waste authority having jurisdiction in the carrier's operating territory and to the West Virginia Division of Environmental Protection Solid Waste Management Board. A listing of its industrial, commercial and residential customers, including names and service addresses or, in the alternative, a listing of the names and addresses of non-subscribing waste generators in its service area shall be provided upon request by those agencies. The express purpose of this Rule is to assist such authorities in enforcing W. Va. Code §22C-4-10 and other applicable laws. If a carrier fails to comply with this requirement, a formal complaint may be filed.

7.6. Establishment of monthly bulky goods collection service available to all households located in motor carrier’s operating authority.

7.6.1. Every motor carrier of solid waste shall provide regularly scheduled monthly bulky goods collection service available to all households located in that carrier’s operating territory.

7.6.2. To recover additional estimated costs associated with implementation of bulky goods collection service, a carrier may apply to the Commission for approval of (a) surcharges to be applied to all of that carrier’s regular residential customers and/or (b) a schedule of charges to be applied to all other individuals located in that carrier’s operating territory who request bulky goods collection service from that carrier.

7.6.3. A motor carrier of solid waste may propose a surcharge not to exceed one dollar ($1.00) per subscribing residential customer per month without filing the information required by Rule 42 of the commission’s Tariff Rules. Proposed surcharges in excess of one dollar ($1.00) per subscribing residential customer per month must include the required Rule 42 information. The Commission may, by general order, raise this surcharge above one dollar ($1.00) per subscribing residential customer per month.

7.6.4. To enable it to reasonably predict the number and size of bulky goods for collection on a monthly bulky goods collection date, a motor carrier of solid waste may require that customers place bulky goods on the curbside by 7:00 a.m. on the last day that it conducts its regular household waste collection that precedes the date of that carrier’s monthly bulky goods collection. The carrier shall mail, on an annual basis, written notice of its bulky goods collection schedule to all existing residential customers and shall mail written notice of the schedule to each new customer as follows: “Your service includes monthly removal of oversized items including, but not limited to refrigerators, washing machines, clothes dryers, dishwashers, ovens, stoves, microwave ovens, and other appliances; televisions; home computers; air conditioners; bicycles; furniture; waste tires off the rim, having a radius of no more than 16.5 inches, from automobiles, from pickup trucks from motorcycles, from all-terrain, vehicles, and from farm tractors; and other items, not included in the above, that are at least three (3) feet in length, width, or height or at least fifty (50) pounds in weight. Bulky goods pick-up in your neighborhood will occur each month on [carrier to insert day/week of the month].

The following items are not included in bulky goods service and your solid waste collector may refuse to pick them up: (a) automotive components, parts, or frames that weigh at least two hundred (200) pounds each; (b) automotive parts, such as motors and transmissions, that have a high density; (c) hazardous waste; (d) items that can be easily divided and placed into bags, boxes, or other containers, less than three (3) feet high, long, or wide, that, with contents, weigh less than fifty (50) pounds each; and (e) construction and demolition debris generally.

This service is designed to eliminate the illegal disposal of oversized items.”

7.6.5. These provisions shall not preclude a customer and a carrier from negotiating a price for a collection of bulky or other goods on a date other than the carrier’s regularly scheduled monthly bulky goods collection service.

7.7. Annual written agreements between common carriers by motor vehicle of solid waste and their commercial customers.

7.7.1. Every common carrier by motor vehicle of solid waste shall, on an annual basis, enter into a written agreement with each of its commercial customers.

7.7.2. Every agreement under Rule 7.7. shall be drafted in accordance with the Commission’s general orders governing such agreements.

7.7.3. Every agreement under Rule 7.7. shall state that the Commission has jurisdiction to ascertain the appropriate rate for the service described in the agreement upon application by the commercial customer, if there is a dispute about the appropriate rate and that the Commission may raise, lower, or modify the rates set forth in the agreement without permission from the commercial customer.

W. Va. Code R. § 150-9-8 Temporary Authority

8.1. Temporary authority -- The Commission may grant temporary authority upon an application for a certificate or permit to operate as a common or contract carrier by motor vehicle if it appears that the granting of such authority will not operate to the detriment of any authorized common or contract carrier serving the territory and if the Commission has reason to believe that no common or contract carrier would protest the application for such authority.

8.2. Publication of notice. -- Except in cases of emergency, the Commission will not grant temporary authority under Rule 8.1. until notice of the application for such authority has been published not less than three (3) days prior to the granting of such authority in a newspaper of general circulation in the county, or counties, of operation.

8.3. No presumption. -- The granting of any authority under Rule 8.1. shall not create a presumption that corresponding permanent authority will be granted.

8.4. Surrender of uniform vehicle identification cards. -- In the event that an applicant receives temporary authority under Rule 8.1. but the Commission denies corresponding permanent authority following a hearing on the application, the applicant shall surrender all Uniform Vehicle Identification Cards to the Commission and no refund of any fees or assessments, or portions thereof, shall be made.

8.5. Required conditions for temporary authority-contract carrier. -- The Commission will not grant temporary authority to operate as a contract carrier under Rule 8.1. unless it is established to the satisfaction of the Commission that the rates to be paid will not be less than those charged by common carriers for similar service; the vehicles of the applicant will not replace those of any authorized common or contract carrier; and there is no common carrier service available for such transportation. The Commission may accept an affidavit signed by such proper person or official of a company that desires the services of the applicant. The affidavit shall be in the form and effect as prescribed under the provisions of Rule 10.1.23., P.S.C. W. Va. M.C. Form No. 33.

8.6. Application not binding. -- Commission acceptance of an application under these Rules shall not be considered as a grant of authority. Commission acceptance of an affidavit as prescribed in Rule 8.5. and as set forth by Rule 10.1.23., P.S.C. W. Va. M.C. Form No. 33, is not conclusive and the Commission may require such further evidence as it deems necessary.

8.7. Fees and assessments. -- The fees and assessments for carriers authorized under Rule 8.1. are the same as for carriers with permanent authority.

8.8. Emergency substitute carrier -- The Commission may authorize an emergency substitute carrier upon suspension of a certificate to operate as a common carrier by motor vehicle upon suspension of a certificate, or to operate as a contract carrier by motor vehicle upon suspension of a permit pursuant to W.Va. Code §§24A-2-5 or 24A-3-2, respectively. The Commission will establish rates and charges for emergency substitute carriers upon appointment of an emergency substitute carrier.

8.8.1. The emergency substitute carrier may continue to operate during the pendency of its application for a certificate of convenience and necessity filed pursuant to W. Va. Code §24A-2-5(a) or during the pendency of its application for a permit to operate as a contract carrier by motor vehicle filed pursuant to W. Va. Code §24A-3-3(a).

8.8.2. No sooner than thirty (30) days after the suspension of a certificate or permit and appointment of an emergency substitute carrier, the suspended common or contract carrier may petition the Commission to end the suspension and terminate the authority of the emergency substitute carrier. Upon notice to the emergency substitute carrier and an opportunity to be heard, the Commission shall issue an order granting or denying the petition.

W. Va. Code R. § 150-9-9 Leased Equipment

9.1. Leasing of equipment by motor carriers; exceptions. -- A motor carrier of passengers or property may acquire by lease the entire amount of equipment operated under its authority. However, that motor carrier may not, without prior approval from the Commission, obtain that equipment from another motor carrier or public utility.

9.2. Uniform vehicle identification cards. -- The Commission shall issue Uniform Vehicle Identification Cards in the name of the carrier under whose authority the equipment is to be operated.

9.3. Construction of lease. -- No lease of vehicles shall be construed to confer upon the lessee any right to operate under the authority held by the lessor.

9.4. Certificate of lease. -- A common or contract carrier shall not operate any leased equipment until a Certificate of Lease as prescribed in Rule 10.1.22., P.S.C. W. Va. M.C. Form No. 31, is filed with the Commission, and the lessee common or contract motor carrier obtains in its name a Uniform Vehicle Identification Care and/or pays the prescribed special annual assessment for the vehicle so leased.

9.5. Control of leased equipment. -- Equipment leased by a common or contract carrier by motor vehicle from another company shall be under the exclusive direction and control of the lessee for the duration of the lease.

9.6. Single-source leasing. -- A motor carrier of property may acquire, from a particular person or entity that is not regulated by the Commission, both equipment and a driver or drivers in a single transaction, through the use of a written lease, if and only if all of the following requirements are met.

9.6.1. The lease agreement must recite, and the surrounding facts must reflect, that the leased equipment and driver are exclusively committed to the lessee's use for the term of the lease for any purpose consistent with the provisions of the lease;

9.6.2. The lease agreement must provide, and the surrounding facts must reflect, that the lessee has exclusive dominion and control over the transportation service conducted by the leased equipment and driver during the term of the lease;

9.6.3. The lessee must obtain public liability insurance or otherwise accept responsibility to the public for any injury caused in the course of performing the transportation service conducted by it with the leased equipment and driver during the term of the lease, in accordance with the Commission's rules and regulations governing insurance for motor carriers;

9.6.4. The leased equipment must display appropriate identification showing operation by the lessee during the performance of such transportation (see Rule 4.11.).

9.6.5. The lessee must accept responsibility for, and bear the cost, of, the compliance of both said driver and said equipment with the Commission's safety rules and regulations during the term of the lease;

9.6.6. The lessee must bear the risk of damage to cargo, subject to any right of action said lessee may have against the lessor for the latter's negligence;

9.6.7. The term of the lease must be for a minimum period of thirty (30) days; and

9.6.7.a. a copy of the lease must be carried in the leased equipment during the term of said lease, and must be presented, upon demand, to the Commission's Utility Inspector for inspection thereof.

9.7. Exceptions. -- The provisions of Rules 9.1., 9.2., 9.3., and 9.4. do not apply to the leasing of motor vehicles by motor carriers insofar as they are exempt carriers.

W. Va. Code R. § 150-9-10 Forms

10.1. The following forms are adopted for use in the administration of motor carrier law. The Commission may accept papers in forms other than those prescribed if they contain the necessary information and are legible.

10.1.1. P.S.C. W. Va. M.C. Form No. 4-N -- Application for issuance of Uniform Vehicle Identification Cards and fess required by W. Va. Code §24A-6-6.

10.1.2. P.S.C. W Va. M.C. Form No. 4- N UCR -- Application for issuance of Uniform Vehicle Identification Cards for those entities not required to pay the fees set forth in W. Va. Code §24-6-6 because of the Unified Carrier Registration Act of 2005.

10.1.3. P.S.C. W. VA. M.C. Form No. 5 -- Application for permit to operate as a contract carrier by motor vehicle of passengers or property.

10.1.4. P.S.C. W. VA. M.C. Form No. 5-A -- Application for amendment of permit to operate as a contract carrier by motor vehicle of passengers or property.

10.1.5. P.S.C. W. VA. M.C. Form No. 5-B -- Application by contract carrier by motor vehicle to adopt trade name.

10.1.6. P.S.C. W. VA. M.C. Form No. 5-C -- Application by contract carrier by motor vehicle to change trade name.

10.1.7. P.S.C. W. VA. M.C. Form No. 6 -- Application for a certificate of convenience and necessity to operate as a common carrier by motor vehicle of property.

10.1.8. P.S.C. W. VA. M.C. Form No. 6-A -- Application for amendment of certificate of convenience and necessity to operate as a common carrier by motor vehicle.

10.1.9. P.S.C. W. VA. M.C. Form No. 6-B -- Application by common carrier by motor vehicle to adopt trade name.

10.1.10. P.S.C. W. VA. M.C. Form No. 6-C -- Application by common carrier by motor vehicle to change trade name.

10.1.11. P.S.C. W. VA. M.C. Form No. 8 -- Application for a certificate of convenience and necessity to operate as a common carrier by motor vehicle of passengers.

10.1.12. P.S.C. W. VA. M.C. Form No. 8-A -- Application for registration -- charter bus service.

10.1.13. P.S.C. W. VA. M.C. Form No. 11 -- Application for approval of the transfer and assignment of certificate(s) of convenience and necessity and/or permits [to be completed by the present holder of certificate(s) and/or permit(s)].

10.1.14. P.S.C. W. VA. M.C. Form No. 11-A -- Application for approval of the transfer and assignment of certificate(s) of convenience and necessity and/or permits [to be completed by the proposed holder of certificate(s) and/or permit(s)].

10.1.15. P.S.C. W. VA. M.C. Form No. 17 -- Notice of cancellation of motor carrier policies of insurance [for use under insurance rules].

10.1.16. P.S.C. W. VA. M.C. Form No. 18 -- Notice of cancellation of motor carrier surety bonds [for use under insurance rules].

10.1.17. P.S.C. W. VA. M.C. Form No. 21 -- Application for authority to self-insure [for use under insurance rules].

10.1.18. P.S.C. W. VA. M.C. Form No. 22-A -- Endorsement for motor carrier policies of insurance for bodily injury liability and property damage liability [for use under insurance rules].

10.1.19. P.S.C. W. VA. M.C. Form No. 23 -- Endorsement for motor common carrier policies of insurance for cargo liability [for use under insurance regulations].

10.1.20. P.S.C. W. VA. M.C. Form No. 24-A -- Certificate of insurance for motor carrier policies of insurance for bodily injury and property damage liability [for use under insurance regulations].

10.1.21. P.S.C. W. VA. M.C. Form No. 25 -- Certificate of insurance for motor carrier policies of insurance for cargo liability [for use under insurance rules].

10.1.22. P.S.C. W. VA. M.C. Form No. 31 -- Certificate of lease.

10.1.23. P.S.C. W. VA. M.C. Form No. 33 -- Affidavit of contractor in support of application for permit.

10.1.24. P.S.C. W. VA. M.C. Form No. 35 -- Tariffs of rates, rules, and regulations by common carriers by motor vehicle of passengers or property and by contract carriers by motor vehicle of passengers or property.

10.1.25. P.S.C. W. VA. M.C. Form No. 44 -- Out of Service Vehicle Sticker.

10.1.26. P.S.C. W. VA. M.C. Form No. 45-A -- Motor Carrier bodily injury liability and property damage liability surety bond [for use under insurance rules].

10.1.27. P.S.C. W. VA. M.C. Form No. 46 -- Motor common carrier cargo liability surety bond [for use under insurance rules].

10.1.28. P.S.C. W. VA. M.C. Form No. 49 -- Violation notice.

10.1.29. P.S.C. W. VA. M.C. Form No. 52 -- Taximeter Inspection Report.

10.1.30. P.S.C. W. VA. M.C. Form No. 55 -- Taxicab Driver's Lease Agreement and Daily Manifest.

10.1.31. P.S.C. W. VA. M.C. Form No. 56 -- Citation and Complaint.

10.1.32. P.S.C. W. VA. M.C. Form No. 57 -- Incident Report -- Hazardous Material.

10.1.33. P.S.C. W. VA. M.C. Form No. 58 -- Driver/Vehicle Report.

10.1.34. P.S.C. W. VA. M.C. Form No. 59 -- Carrier Safety/Compliance Review Form.

10.1.35. P.S.C. W. VA. M.C. Form No. 60 -- Vehicle Registration Approval Form.

10.1.36. P.S.C. W. VA. M.C. Form No. 62 -- Accident Report.

10.1.37. P.S.C. W. VA. M.C. Form No. 63 -- Motor Carrier Insurance Registration Form.

10.1.38. P.S.C. W. VA. M.C. Form No. 64 -- Letter of Insurance Registration.

10.1.39. P.S.C. W. VA. M.C. Form No. 65 -- Third-Party Tow Form of Invoice.

FORMS MAY BE OBTAINED FROM THE SECRETARY OF STATE'S OFFICE.

P.S.C. W. VA. M.C. FORM NO. 4-N

(M.C. Rule 10.1.1.)

WV Public Service Commission - Motor Carrier Section Form 4-N - New Vehicle Registration Application Legal Name: ________________________________________ DBA Name: ________________________________________ USDOT NO.: ______________ Addresses: Mailing: __________________________________ County: ___________________ __________________________________ Phone No.: __________________ Physical: __________________________________ Fax No: ____________________ ___________________________________ E-mail: ______________________________________ LIST VEHICLE INFORMATION BELOW Vehicle Type VIN Year Make Empty Weight Gross Weight MFG Capacity* No. of Seats** Assessment Fee _________ _________________________ _____ ________ __________ _________ _________ ________ $__________ _________ _________________________ _____ ________ __________ _________ _________ ________ $__________ _________ _________________________ _____ ________ __________ _________ _________ ________ $__________ _________ _________________________ _____ ________ __________ _________ _________ ________ $__________ _________ _________________________ _____ ________ __________ _________ _________ ________ $__________ UNIFORM VEHICLE IDENTIFICATION CARDS: __________ VEHICLES x $3.00 $__________ TOTAL: $__________ VEHICLE TYPE CODE CHART __________________/ RETURN TO:

TR – TRACTOR

TA – TAXI (Signature of Company Representative) (Date)

TK - TRUCK

BS – BUS West Virginia Public Service Commission WT – WRECKER LM – LIMOUSINE ATT: Motor Carrier Section GT – GARBAGE TRUCK DT – DUMP TRUCK ST – SEMI TRAILER * (Gross Weight – Empty Weight ) divided by 2 = MFG Capacity. P.O. Box 812 FT – FULL TRAILER ** For passenger vehicles only. Charleston, WV 25323 COMPUTATION OF ASSESSMENT FEES Common and contract carriers of property by motor vehicle, per vehicle:

Each Power Unit(truck or truck-tractor) Annual Fee After Sept. 30 After Dec. 31 After Mar. 31 Manufacturer’s Rated Capacity (MFG Capacity) 1 ton or less 9.00 6.75 4.50 2.25 Over 1 ton to 1.5 tons 13.50 10.00 6.75 3.50 Over 1.5 tons to 2 tons 18.00 13.50 9.00 4.50 Over 2 tons to 3 tons 22.50 17.00 11.25 5.75 Over 3 tons to 4 tons 27.00 20.25 13.50 6.75 Over 4 tons to 5 tons 31.50 23.50 15.75 8.00 Over 5 tons to 6 tons 36.00 27.00 18.00 9.00 Over 6 tons to 7 tons 40.50 30.00 20.25 10.00 Over 7 tons to 8 tons 45.00 33.75 22.50 11.25 Over 8 tons to 9 tons 49.50 37.00 24.75 12.50 Over 9 tons to 10 tons 54.00 40.50 27.00 13.50 Each additional ton 4.50 3.50 2.25 1.15 Uniform Vehicle Identification Card $3.00 $3.00 $3.00 $3.00 Each Trailer or Semi-trailer Annual Fee After Sept. 30 After Dec. 31 After Mar. 31 Manufacturer’s Rated Capacity 1 ton or less 6.00 4.50 3.00 1.50 Over 1 ton to 1.5 tons 9.00 6.75 4.50 2.25 Over 1.5 tons to 2 tons 12.00 9.00 6.00 3.00 Over 2 tons to 3 tons 15.00 11.30 7.50 3.75 Over 3 tons to 4 tons 18.00 13.50 9.00 4.50 Over 4 tons to 5 tons 21.00 15.80 10.50 5.25 Over 5 tons to 6 tons 24.00 18.00 12.00 6.00 Over 6 tons to 7 tons 27.00 21.00 13.50 6.75 Over 7 tons to 8 tons 30.00 22.50 15.00 7.50 Over 8 tons to 9 tons 33.00 25.00 16.50 8.25 Over 9 tons to 10 tons 36.00 27.00 18.00 9.00 Each additional ton 3.00 2.25 1.50 .75 Common and contract carriers of passengers by motor vehicle, per vehicle:

Annual Fee After Sept. 30 After Dec. 31 After Mar. 31 Seating Capacity Seating capacity of 10 passengers or less 13.50 10.00 6.75 3.50 Seating capacity of 11 to 20 passengers 22.50 17.00 11.25 5.75 Seating capacity of 21 to 30 passengers 31.50 23.50 15.75 8.00 Seating capacity of 31 to 40 passengers 45.00 33.75 22.50 11.25 Seating capacity of over 40 passengers 54.00 40.50 27.00 13.50 Uniform Vehicle Identification Card $3.00 $3.00 $3.00 $3.00 NOTE: Carriers required to pay the Unified Carrier Registration (UCR) fees are not required to also pay the intrastate assessment fees shown here.

P.S.C. W. VA. M.C. FORM NO. 4-N UCR

(M.C. Rule 10.1.2.)

WV Public Service Commission - Motor Carrier Section Form 4-N - New Vehicle Registration Application For (UCR version)

Legal Name: ________________________________________ DBA Name: ________________________________________ USDOT NO.: ______________ Addresses: Mailing: __________________________________ County: ___________________ __________________________________ Phone No.: __________________ Physical: __________________________________ Fax No: ____________________ ___________________________________ E-mail: ______________________________________ LIST VEHICLE INFORMATION BELOW Vehicle Type VIN Year Make Empty Weight Gross Weight MFG Capacity* No. of Seats** Assessment Fee _________ _________________________ _____ ________ __________ _________ _________ ________ N/A-UCR _________ _________________________ _____ ________ __________ _________ _________ ________ N/A-UCR _________ _________________________ _____ ________ __________ _________ _________ ________ N/A-UCR _________ _________________________ _____ ________ __________ _________ _________ ________ N/A-UCR _________ _________________________ _____ ________ __________ _________ _________ ________ N/A-UCR UNIFORM VEHICLE IDENTIFICATION CARDS:__________ VEHICLES N/A-UCR TOTAL: N/A-UCR VEHICLE TYPE CODE CHART ______________________/ RETURN TO:

TR – TRACTOR

TA – TAXI (Signature of Company Representative) (Date)

TK - TRUCK

BS – BUS West Virginia Public Service Commission WT – WRECKER LM – LIMOUSINE ATT: Motor Carrier Section GT – GARBAGE TRUCK DT – DUMP TRUCK ST – SEMI TRAILER * (Gross Weight – Empty Weight ) divided by 2 = MFG Capacity. P.O. Box 812 FT – FULL TRAILER ** For passenger vehicles only. Charleston, WV 25323 P.S.C. W. VA. M.C. FORM NO. 5 (M.C. Rule 10.1.3.)

FILING FEE: $100.00

PHONE: 1-800-247-TRUX FAX: (304)340-0394)

CASE NO. _________________________

APPLICATION FOR PERMIT-

CONTRACT CARRIER

Approved: I.D. Number: _________________________________________________________ 1. Applicant Name _______________________________________________________________________ Address:______________________________________________________________________________ Phone:Fax:City/State/Zip: 2. Name in which permit will read: (If different from Question No. 1)______________ 3. Proposed certificate/permit holder is: Sole Proprietorship _____ Partnership_____Corporation** _____ Limited Liability Company** _______ *attach list of partners. ** attach list of principal stockholders and officers *** Attach list of members 4. Proposed Area of Operation (be specific attach additional information if necessary): _____________________________________________________________________________________ _____________________________________________________________________________________ 5. Net worth of applicant (total assets minus total liabilities): ______________________________________ 6. Does applicant, own, or is he/she an officer in, a company which owns any other motor carrier certificates? ____________________ If so, attach list of certificate number(s), name of company or companies, and county or counties in which operations are authorized (if applicable).

7. Passengers or commodities: ______________________________________________________________ 8. Contract with: 1) Name ________________________________________________________________ Address ______________________________________________________________ 2) Name _______________________________________________________________ Address ______________________________________________________________ 9. Will the proposed service competes with any other common or contract carrier(s)? _______ (If so, attach list)

8. Is applicant familiar with the Public Service Commission’s Rules and Regulations, and applicable law governing motor carriers?

9. Is applicant requesting temporary authority? _________________________________________________ I swear (or affirm) that I have knowledge of the affairs of __________________________________________ the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct, and complete.

AFFIANT ________________________________________________

P.S.C. W. VA. M.C. FORM NO. 5

Sworn to and subscribed before me this __________ day of , 20 County______________ State____________________ P.S.C. W.Va. M.C. FORM No. 5-A (M.C. Rule 10.1.4.)

FILING FEE: $75.00

M.C. CASE NO._________________

APPLICATION FOR AMENDMENT OF

PERMIT-CONTRACT CARRIER

Approved: I.D. Number:

1. Applicant Name:_______________________________________________________________________ Address:City/State/Zip Phone:___________ Fax:_________________________ E-mail:____________________ 2. Name in which permit will be held: (If different from Question No.1)_____________________________ _______________________________________________________________________________________ 3. Applicant is applying to amend P.S.C. M.C. Permit No. __________ to (please describe):____________ ________________________________________________________________________________________ _____________________________________ (Attach further information if necessary).

2. Contract with: 1) Name_________________________________________________ Address__________________________________________________ 2) Name_________________________________________________ Address__________________________________________________ 5. Will the proposed service compete with any other common or contract carrier(s)?___________ If so, attach list.

3. Is applicant requesting temporary authority? ______________________________________________ I swear (or affirm) that I have knowledge of the affairs of _________________________________________, the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct, and complete.

P.S.C. W.Va. M.C. FORM No. 5-A Sworn to and subscribed before me this __________ day of _________, 20 P.S.C. W.Va. M.C. FORM No. 5-B (M.C. Rule 10.1.5.)

FILING FEE: $25.00

APPLICATION TO ADOPT TRADE NAME-

CONTRACT CARRIER

Approved: I.D. Number:

1. Applicant Name:_______________________________________________________________________ Address: City/State/Zip____ Phone: ________________ Fax:__________________ E-mail:__________________________________ 2. Name in which permit reads: (If different from Question No. 1) __________________________________ ________________________________________________________________________________________ 3. Applicant is applying to adopt trade name of_________________________________________________ under Public Service Commission Motor Carrier Permit No. , authorizing operation as a contract carrier by motor vehicle in the transportation of________ ________________________________________________________________________________________ ________________________________________________________________________________________ I swear (or affirm) that I have knowledge of the affairs of ______________________________________, the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct and complete.

AFFIANT___________________________________________

Sworn to and subscribed before me this ______________ day of , 20 County________________ State____________________ P.S.C. W.Va. M.C. FORM No. 5-C (M.C. Rule 10.1.6.)

FILING FEE: $25.00

M.C. CASE NO. _______________

APPLICATION TO CHANGE TRADE NAME-

CONTRACT CARRIER

Approved: __________ I.D. Number: ___________ 1. Applicant Name:___________________________________________________________________ Address:City/State/Zip Phone:_____ Fax:_________________________ E-mail:_____________________ 2. Name in which permit reads: (If different from Question No. 1)______________________________ ____________________________________________________________________________________ 3. Applicant is applying to change trade name from _________________________________________ to ____________________________________ under Public Service Commission Motor Carrier Permit No. ___________________, authorizing operation as a contract carrier by motor vehicle in the transportation of _____________________________________________.

There will be no change whatsoever in the ownership of the permit, or in the manner or method of operation.

I swear (or affirm) that I have knowledge of the affairs of ______________________________________, the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct and complete.

Sworn to and subscribed before me this __________ day of _________, 20 P.S.C. W.VA. M.C. FORM NO. 6 (M.C. Rule 10.1.7.)

FILING FEE: $100.00

PHONE: 1-800-247-TRUX FAX: (304)340-0394.

CASE NO._________________

APPLICATION FOR CERTIFICATE OF

CONVENIENCE AND NECESSITY-PROPERTY SERVICE

Approved: I.D. Number:

SECTION 1(ALL applicants must complete this section.) _______________________________________________ 1. Applicant Name: ____________________________________________________________________________ Address:________________________________________ City/State/Zip_______________________________ Phone:_______________________ Fax:_____________________ E-mail: _____________________________ 2. Name in which certificate will read:(If different from Question No. 1)__________________________________ 3. Proposed certificate/permit holder is: Sole Proprietorship____ Partnership____ Corporation_____ Limited Liability Company____ *Attach list of partners. **Attach list of principal stockholders and officers. ***Attach list of members.

4. Commodity or class of commodities: ____________________________________________________________ 5. Is applicant familiar with the Public Service Commission’s Rules and Regulations, and applicable law governing motor carriers?______________________

SECTION 2 (Complete ONLY if applying to transport solid waste ).

1. Proposed Area of Operation (be specific-attach additional information if necessary):____________________________________________________________________________________ _____________________________________________________________________________________________ 2. Proposed Rates (be specific-attach additional information if necessary):____________________________________________________________________________________ _____________________________________________________________________________________________ 3. Net worth of applicant (Total assets minus total liabilities): __________________________________________ 4. Does applicant own, or is he/she an officer in, a company which owns any other motor carrier certificates?____ If so, attach list of certificate number(s), name of company or companies, and county or counties in which operations are authorized (if applicable).

2. Do the public convenience and necessity require the proposed service?_________________________________ 6. If the proposed service competes with any other common or contract carrier, is the existing service adequate? __ I swear (or affirm) that I have knowledge of the affairs of _____________________________________________, the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct, and complete.

P.S.C. W.VA. M.C. FORM NO. 6

Sworn to and subscribed before me this __________ day of _________, 20 P.S.C. W.Va. M.C. FORM No. 6-A (M.C. Rule 10.1.8)

FILING FEE: $75.00

M.C. CASE NO. _________________

APPLICATION FOR AMENDMENT OF

CERTIFICATE-COMMON CARRIER

Approved: ________________ I.D. Number: __________________ 1. Applicant Name:____________________________________________________________________________ Address:City/State/Zip Phone:__________ Fax:________________________ E-mail:________________________ 2. Name in which certificate reads: (If different from Question No. 1)____________________________________ __________________________________________________________________________________________ 3. Applicant is applying to amend Public Service Commission Motor Carrier Certificate No. _________________ to (please describe):_________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ (Attach further information if necessary)

I swear (or affirm) that I have knowledge of the affairs of ___________________________________________, the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct and complete.

Sworn to and subscribed before me this __________ day of _________, 20 P.S.C. W.Va. M.C. FORM No. 6-B (M.C. Rule 10.1.9.)

FILING FEE: $25.00

M..C. CASE NO._________________

APPLICATION TO ADOPT TRADE NAME-

COMMON CARRIER

Approved: ___________________ I.D. Number: ___________________ 1. Applicant Name:___________________________________________________________________ Address:City/State/Zip Phone:_ Fax:_____________________ E-mail:_______________________ 2. Name in which certificate reads: (If different from Question No. 1)____________________________ _________________________________________________________________________________ 3. Applicant is applying to adopt trade name of _____________________________________________ under Public Service Commission Motor Carrier Certificate No. ________________ , authorizing operation as a common carrier in the transportation of______________________________________ _________________________________________________________________________________ There will be no change whatsoever in the ownership of the certificate, or in the manner or method of operation.

I swear (or affirm) that I have knowledge of the affairs of __________________________________, the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct and complete.

Sworn to and subscribed before me this __________ day of _________, 20 P.S.C. W.Va. M.C. FORM No. 6-C (M.C. Rule 10.1.10.)

FILING FEE: $25.00

M.C. CASE NO._________________

APPLICATION TO CHANGE TRADE NAME-

COMMON CARRIER

Approved: ______________________ I.D. Number: _______________________ 1. Applicant Name: ___________________________________________________________________ Address:City/State/Zip Phone:________ Fax:_______________________ E-mail:_____________________ 2. Name in which certificate reads: (If different from Question No. 1)____________________________ _________________________________________________________________________________ 3. Applicant is applying to change trade name from__________________________________________ to_______________________________________________________ under Public Service Commission Motor Carrier Certificate No. , authorizing operation as a common carrier in the transportation of_________________________ There will be no change whatsoever in the ownership of the certificate, or in the manner or method of operation.

I swear(or affirm) that I have knowledge of the affairs of_______________________________________, the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct, and complete.

Sworn to and subscribed before me this __________ day of , 20 County______________ State____________________ P.S.C. W.Va. M.C. FORM No. 8 (M.C. Rule 4.17.1. and 10.1.11.)

Filing Fee: $100.00 M.C. CASE NO._________________ APPLICATION FOR CERTIFICATE OF CONVENIENCE AND NECESSITY - PASSENGER SERVICE Approved: ________________________ I.D. Number: _______________________ CHECK ONE: Taxi ( ) Limousine ( ) Specialized Limousine ( )

Regular Route Bus Service ( ) Other ( )_____________________ 1. Applicant Name:___________________________________________________________________ Address:City/State/Zip Phone:________ Fax:__________________ E-mail:__________________________ 2. Name in which certificate will read:(If different from Question No.1) _________________________ 3. Proposed certificate/permit holder is: Sole Proprietorship__ Partnership__ Corporation__ Limited Liability Company____ *Attach list of partners. **Attach list of principal stockholders and officers. ***Attach list of members.

4. Proposed Area of Operation (be specific-attach additional information if necessary ________________________________________________________________________________________________________________________________________________________________________ 5. Proposed Rates (be specific-attach additional information if necessary): ________________________________________________________________________________________________________________________________________________________________________ 6. Net worth of applicant (Total assets minus total liabilities):__________________________________ 7. Does applicant own, or is he/she an officer in, a company which owns any other motor carrier certificates?___ If so, attach list of certificate number(s), name of company or companies, and county or counties in which operations are authorized (if applicable).

M.C. FORM No. 8 P.S.C. W.Va. M.C. FORM No. 8 8. Do the public convenience and necessity require the proposed service? ________________________ 9. If the proposed service competes with any other common or contract carrier, is the existing service adequate?_____ 10. Is applicant familiar with the Public Service Commission’s Rules and Regulations, and applicable law governing motor carriers?______________________ I swear (or affirm) that I have knowledge of the affairs of ______________________________________, the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct, and complete.

Sworn to and subscribed before me this __________ day of _________, 20 (Revised 5-2012)

P.S.C. W.Va. M.C. FORM No. 8-A (M.C. Rule 4.17.1. and 10.1.12.)

PHONE: 1-800-247-TRUX FAX: (304)-340-0394

Approved: ___________________ I.D. No: __________________ APPLICATION FOR REGISTRATION- CHARTER BUS SERVICE 1. Applicant’s Name:__________________________________________________________________ 2. Company Name (if different from No. 1):_______________________________________________* *Note-Name must match exactly with name on insurance filing(s), and with any interstate motor carrier registrations (DOT, FHWA).

3. Applicant’s Address:________________________________________________________________ Phone Number:____________________________ Fax Number:_____________________________ 4. Proposed certificate/permit holder is: Sole Proprietorship____ PartnershipCorporation**_ Limited Liability Company**____ *Attach list of partners. **Attach list of principal stockholders and officers. ***Attach list of members.

4. Net worth of applicant (total assets minus total liabilities):___________________________________ 6. Is applicant familiar with the Public Service Commission’s rules and regulations and applicable law governing motor carriers?__________________ I swear (or affirm) that I have knowledge of the affairs of ______________________________________, the above named applicant, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct, and complete.

AFFIANT:________________________________________________

Sworn to and subscribed before me this __________ day of , 20 NOTARY PUBLIC:___________________ My commission expires , 20 County______________ State______________ (Revised 5-2012)

P.S.C. W.VA M.C. FORM NO. 11

(M.C. Rule 10.1.13.)

Filing Fee: 75.00 CASE NO._________________ APPLICATION FOR TRANSFER OF CERTIFICATE AND/OR PERMIT Approved: ___________________ I.D. Number: ____________________ (To be completed by PRESENT holder of certificate/permit):

1. Name in which certificate(s) and/or permit(s) are held: _____________________________________________________________________________________ _____________________________________________________________________________________ 2. Address:City/State/Zip Phone:____________ Fax:_________________________ E-mail:________________________ 3. Certificate(s) and/or permit(s) being transferred:

Certificate/Permit No. Date Issued Case Number __________________ _________________ _________________ __________________ _________________ _________________ 4. Does present holder of these certificate(s) and/or permit(s) own any other motor carrier certificate(s) and/or permits? If so, please list number(s) of certificate(s) and/or permit(s) and names of county or counties in which operations are authorized, as well as any other business or trade names under which operations are conducted. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 5. List all assets being transferred with certificate(s) and/or permits. Please note that this application will NOT be accepted for processing unless this question is completed.

Accumulated Net Book Value Description Date Depreciation to (cost less accumulated Of Asset Acquired Cost Date of Sale depreciation) ____________ __________ __________ _______________ __________________ ____________ __________ __________ _______________ __________________ ____________ __________ __________ _______________ __________________ ____________ __________ __________ _______________ __________________ (Please attach additional sheets if necessary)

I swear (or affirm) that I have knowledge of the affairs of __________________________________________, the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct, and complete.

P.S.C. W.VA M.C. FORM NO. 11

Sworn to and subscribed before me this __________ day of , 20 CASE NO.________ P.S.C. W.VA. M.C. FORM NO. 11-A APPLICATION FOR TRANSFER OF CERTIFICATE/PERMIT (M.C. Rule 10.1.14.)

(To be completed by PROPOSED holder of certificate)

1. Name of proposed certificate/permit holder:__________________________________________________ 2. Address:City/State/Zip Phone:_________ Fax:____________________ E-mail:______________________________ 3. Proposed certificate/permit holder is: Sole Proprietorship ___ Partnership* ____ Corporation** _____ Limited Liability Company***____ *Attach list of partners.**Attach list of principal stockholders and officers.***Attach list of members.

2. Certificate(s) and/or permit(s) being transferred:

Certificate/Permit No. Date Issued Case Number __________________ _________________ _________________ __________________ _________________ _________________ 5. Does the proposed holder of these certificate(s) and/or permit(s) own any other Motor Carrier certificate(s) and/or permit(s)? If so, please list number(s) of certificate(s) and/or permit(s) and names of counties in which operations are authorized, as well as any other business or trade names under which operations are conducted. ________________________________________________________________________________________________________________________________________________________________________________ 6. Is proposed certificate/permit holder familiar with the present certificate/permit holder’s rates and charges which are on file with the Commission?___________________________ 7. Is proposed certificate/permit holder familiar with the rules and regulations of the Commission governing motor carriers?_____________________________ 8. Proposed financing arrangements:

A)Total price being paid for certificate(s) and/or permit(s) and any assets: _____________________ B)Total amount of debt: _________C)Interest rate for debt: ___________________ D)Monthly payment required: ________________ E)Term of repayment(months): Note-Please attach copies of any written contract of sale between present and proposed certificate/permit holders. Also attach any debt or mortgage agreement which will be the obligation of the proposed certificate/permit holder. Attach additional sheets if necessary. ________________________________________________________________________________________ I swear (or affirm) that I have knowledge of the affairs of _________________________________________, the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct, and complete.

Sworn to and subscribed before me this __________ day of , 20 NOTARY PUBLIC_____________________________ My commission expires________________________, 20________ County_______________________ State_____________________ Phone: 1-800-247-TRUX Fax: (304) 340-0394 P.S.C. W. VA. M.C. FORM NO. 31 (M.C. Rule 10.1.22.)

2003-2004 CERTIFICATE OF LEASE ________________________________________________, a motor carrier of property, certifies the need for additional motor vehicle equipment to provide adequate service under authority issued by the Public Service Commission of West Virginia and therefore has leased from:

Owner of Vehicle____________________________________________________ Address____________________________________________________________ City_______________________________State_________Zip_________________ for a period of not less than 30 days the following described vehicles:

Make & Serial Number:________________________ Make & Serial Number:_________________________ Make & Serial Number:________________________ Make & Serial Number:_________________________ Make & Serial Number:________________________ Make & Serial Number:_________________________ In obtaining Uniform Vehicle Identification Card(s) for said vehicle(s), it is hereby agreed by both parties that the vehicle(s) shall be operated in the lessee’s motor carrier service; that the use of said vehicle(s) shall be subject to the exclusive direction and control of the lessee for the duration of the lease; and that upon termination of said lease, the owner-lessor will surrender the Uniform Vehicle Identification Card(s) to the motor carrier to be returned to the Public Service Commission for cancellation or transfer through proper procedure. ________________________________________________________________________________________ STATE OF __________________________ COUNTY OF ________________________ ________________________________________ Subscribed and sworn to before me (Motor Carrier or Representative Signature) this_________ day of , 20 My Commission expires____________ Notary Signature________________________________ STATE OF__________________________ COUNTY OF________________________ _______________________________________ (Owner of Vehicle Signature)

Subscribed and sworn to before me this_________ day of , 20 My Commission expires____________ Notary Signature________________________________ ________________________________________________________________________________________ A new certificate of lease must be submitted to the Public Service Commission upon application for the transfer of a Uniform Vehicle Identification Card from one leased vehicle to another. A new Certificate of Lease must be filed with the Public Service Commission each fiscal year to accompany applications for Uniform Vehicle Identification Cards. A certificate of lease on file for a previous fiscal year will not be recognized for a subsequent fiscal year. No lease will be accepted or approved for a period of less than thirty days duration.

CASE NO._________________

P.S.C. W. VA. M.C. FORM NO. 33

CONTRACT CARRIER BY MOTOR VEHICLE

CONTRACTOR’S STATEMENT IN SUPPORT OF APPLICATION FOR PERMIT

(M.C. Rules 8.5., 8.6., 10.1.23.)

1. Company Name: ___________________________________________________________________ Address:City/State/Zip: Phone:_______________ Fax: ______________________ E-mail: _____________________ 2. Name and title of person making this statement: __________________________________________ 3. Name of applicant whose services company wishes to contract _______________________________ 4. Passengers or commodities to be transported: ____________________________________________ 5. Proposed area of operation (be specific-attach additional information if necessary):_______________ ____________________________________________________________________________________ 6. Rate to be paid to applicant: __________________________________________________________ 7. Duration of proposed contract: ________________________________________________________ 8. Has company made an effort to obtain the services of a common carrier for this purpose? ________If so, please describe: ____________________________________________________________________ ____________________________________________________________________________________ I swear (or affirm) that I have knowledge of the affairs of _________________________________________, the above-named company, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct, and complete.

Sworn to and subscribed before me this __________ day of _________, 20 P.S.C. W.VA. M.C. FORM NO. 35 (M.C. Rule 10.1.24.)

MF-P.S.C. W.Va. No.___________ Cancels MF-P.S.C. W.Va. No.___________ P.S.C. M.C. CERTIFICATE(S) OR PERMIT(S) NO(S).

Rates, Rules, and Regulations Governing the Transportation of FILED WITH THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA Issued _________, 20 Effective _________, 20 Issued by ___________________________________ By ___________________________________ M.C. Form No. 35 Page 2 RULES AND REGULATIONS M.C. Form No. 35 Page 3 RATES If this page will not contain all the rates, extra pages of same size may be inserted.

(M.C. Rules 5.7., 5.8., 10.1.30.)

TAXICAB LEASE AGREEMENT AND DAILY MANIFEST

NAME OF LESSEE:______________________________ LEASE #____________________

This Agreement, made and entered into at ______________________________ County, West Virginia, this ______ day of , 20, by and between____________________, hereinafter called “Lessor”, and ____________________________________, residing at ___________________ _______________________________________, hereinafter called “Lessee”.

WITNESSETH

WHEREAS, the Lessor is a common carrier by motor vehicle in the transportation of passengers in taxicab service and owns or holds by a separate lease agreement automobiles which are equipped as taxicabs; and WHEREAS, the Lessor maintains office, telephone call service, radio dispatching, repair and maintenance service in the County of ____________________________ and State of West Virginia; and WHEREAS, the Lessee represents that he or she is a careful and qualified driver, licensed as a taxicab driver by the State of West Virginia, is at least 18 years of age, and desires to lease a taxicab from the Lessor.

NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties herein contained, the parties have agreed as follows:

CAR AND EQUIPMENT

1. At the Lessee’s request, the Lessor agrees to furnish to the Lessee a taxicab in good working order with a full tank of gas and painted (or with a decal) with the Lessor’s insignia, equipped with radio, and any other equipment as required by state law, the rules and regulations of the Public Service Commission of West Virginia, and local ordinances relating to taxicabs.

Page 2 of 6 SERVICES 2. The Lessor agrees to make available to the Lessee telephone call service and radio service. The Lessee shall not be required to accept any radio dispatch call other than those which he or she may of his or her own volition desire to accept. However, the Lessor is obligated under Rule 5.5 of the Rules and Regulations Governing Motor Carriers, Private Commercial Carriers, and the Filing of Evidence of Insurance and Financial Responsibility by Motor Carriers of the Public Service Commission of West Virginia to insure that no person or persons shall be denied taxicab service merely because such person desires transportation in a direction or to a destination other than that in which or to which the driver desires to operate. Since adherence to the Rule determines whether the Lessor may continue to operate under its certificate, the Lessee agrees also to be bound by this Rule. The Lessee shall not be restricted in any manner as to the area in which he or she may operate said taxicab, nor shall he or she be required to remain in any specified place, as long as he or she adheres to the laws and ordinances of the municipality in which the vehicle may be operated and as long as he or she does not operate beyond the scope of the Lessor’s certificate(s) of convenience and necessity.

CUSTODY, CONTROL, AND REDELIVERY

3. The parties agree that during each lease period the vehicle shall remain in the exclusive custody and absolute control of the Lessee, and that at the termination of each such lease period the Lessee shall deliver the vehicle, and surrender possession thereof, to the Lessor at any location designated by the Lessor. During the period when the Lessee has that vehicle under his or her exclusive custody and control, the Lessee agrees to operate it as a taxicab in full compliance with all governmental regulations pertaining to the use and operation of taxicabs, and to comply fully with the laws and ordinances of any municipality in which the vehicle may be operated.

GAS, OIL, TIRES, SERVICING, MAINTENANCE, AND REPLACEMENTS

4. The Lessor shall furnish tires, repairs, servicing, and greasing, and where required, replace necessary equipment and accessories for the proper operation and use of the said vehicle, including tools and antifreeze solution. However, the Lessee shall be solely responsible for the cost of towing or removal of any vehicle mired in mud or snow or otherwise disabled due solely to the negligence of the Lessee while off the Lessor’s premises. In the event the vehicle becomes either totally unfit for operation during the lease term thereof, or is stolen, the Lessee shall immediately give notice thereof to the Lessor; whereupon the Lessor shall make every reasonable effort to replace the vehicle with a vehicle of similar make and model, which, upon acceptance by the Lessee, shall be subject to this agreement at the same rental and terms specified for the vehicle so replaced. The Lessee shall be responsible for his or her own gasoline, and, at the end of Page 3 of 6 the lease period, agrees to leave the vehicle with a full tank of gas. The Lessor agrees to sell to the Lessee gasoline on an availability basis at the Lessor’s designated prices.

LICENSE, REGISTRATION, AND INSURANCE

5. The Lessor agrees to provide the required license tags and registration required by the laws of the State of West Virginia, and the title shall be registered in the name of the Lessor. The Lessor further agrees to provide automobile liability insurance in amounts not less than required by law, and the Lessee hereby agrees to comply with and be bound by all the terms, conditions, limitations and restrictions of the automobile liability insurance policy which are, by reference, incorporated herein. The Lessee agrees to report immediately to the Lessor any accident, collision, or impact involving the vehicle and deliver to the Lessor every summons, process, or pleading served upon him or her. The Lessee further agrees that he or she will cooperate with the Lessor and its insurer in the investigation of any accident and in the defense of any lawsuit brought in connection therewith.

DAMAGES NOT COMPENSATED BY INSURANCE

6. Any damages occurring to the said vehicle while it is in the care, custody and control of the Lessee, for which the Lessor is not compensated under insurance coverage which it provides for itself, shall be paid by the Lessee to the Lessor, provided however that the term “damages” as used in this paragraph does not include normal wear and tear.

STATUS OF LEASE

7. Lessor and Lessee agree that their intent is that Lessee shall be an independent contractor, in that Lessor shall have no right to control or interfere with the Lessee’s operation of the taxicab during the term of the lease. As such, Lessee’s operation of the taxicab shall be free from interference by Lessor, and subject only to the applicable statutes, regulations, and rules of the Public Service Commission of West Virginia, the State of West Virginia, the County or Municipality in which the Lessee operates the taxicab, and the United States. Lessee further agrees that because of the intent to create this status as an independent contractor, Lessor will not withhold any Federal, State, or city income taxes, or social security taxes or unemployment taxes with respect to payments to him, that he will be liable for and will pay all such taxes and other amounts due from him. It is understood by the parties (Lessors-Lessees) that whether the intent to create the status of independent contractor is successful is dependent on the terms of this Agreement and the actual facts and features of the relationship in a particular case, as distinguished from the name and form given to the relationship by the Page 4 of 6 express words of this Agreement. If the status of the Lessee is found to be that of an independent contractor, then the Lessor has no responsibility to provide coverage under the Worker’s Compensation Act of West Virginia for the benefit of the Lessee. If the Lessor is called upon to pay any charges assumed herein by the Lessee, Lessee will reimburse the Lessor upon demand. Lessor shall not be responsible for any injury to Lessee resulting from the use or operation of said taxicab, and the Lessee will insure himself against such injury if he desires such insurance.

RENTAL FEE

8. The Lessee shall pay the Lessor the rental provided for in the schedule attached hereto and made a part hereof. On a daily basis and prior to the acceptance of a taxicab, the Lessee shall select the basis upon which rental shall be calculated as set forth in said schedule. Payment of such rental shall be made to the Lessor at the time of return of said taxicab to the Lessor.

SECURITY DEPOSIT

9. In addition to the rental payment, the Lessee will pay to the Lessor a security deposit of not less than One Dollar ($1.00) per day. The purpose of this deposit is to insure the return of the taxicab in the same condition as accepted by the Lessee. The deposit shall be returned to the Lessee not later than ten (10) days after termination of the Lease Agreement.

FINES AND PENALTIES

10. During the period when the vehicle is in the sole care, custody, and control of the Lessee, the Lessee (as between the Lessor and the Lessee) shall be solely liable and responsible for all fines and penalties imposed for parking or traffic violations, and the Lessee agrees to reimburse the Lessor any sum which the Lessor may be required to pay due to the nonpayment of such fines and penalties by the Lessee.

CAREFUL AND LAWFUL OPERATION

11. In order to protect the Lessor’s good will and licenses, the Lessee shall keep himself or herself and said taxicab in a neat and clean condition and agrees to conduct himself or herself and operate said taxicab reasonably, prudently, courteously, and in a careful manner. The Lessee agrees to operate said taxicab in conformity with all laws, ordinances, and regulations of the United States, State of West Virginia, and applicable municipalities. It is expressly understood between the parties hereto that, once the Lessee Page 5 of 6 takes possession of the taxicab, he or she will exercise complete discretion in the operation of same and in the performing of those duties generally recognized to be a part of performing taxicab services. Discretion in the operation of the said taxicab is vested in the Lessee, and the Lessor shall do no more than make available to the Lessee telephone call service or radio service of prospective passengers. The Lessee agrees to return the taxicab to the Lessor in as good condition and repair as it was when received by the Lessee, reasonable use and ordinary wear and tear excepted. The Lessee further agrees to inspect his or her taxicab at the beginning of each term, and that he or she will test the brakes, both foot and emergency, steering, lights, signal lights and all other equipment (including oil level). If the Lessee notices any defects or damage, he or she shall immediately report same to the Lessor.

TERM

12. The Lessor agrees to lease said taxicab to the Lessee, with the intent to operate as an independent contractor, for a day-to-day term, which is renewable daily by the acceptance of a taxicab by the Lessee and the delivery of a taxicab by the Lessor. The lease may be cancelled immediately by either Lessee or Lessor by the refusal of said delivery for any reason by the Lessor, or by the refusal for any reason of acceptance by the Lessee, or by written notice to either party.

ASSIGNMENT-SUBLEASE

13. Under no circumstances shall the Lessee be permitted to assign this lease agreement, or sublease said taxicab to any other person at any time.

ADVERTISING ON VEHICLE

14. The Lessee shall not affix any advertisement or markings to the vehicle without the written consent of the Lessor.

ILLEGAL USE, CONFISCATION, AND BANKRUPTCY

15. The Lessee shall neither use nor allow said vehicle to be used for illegal purposes or otherwise subject such vehicle to confiscation. In the event of confiscation, the Lessee agrees to reimburse the Lessor for the fair market value of the vehicle confiscated together with any other expenses incurred by the Lessor as a result thereof. If any Petition in Bankruptcy is filed by or against the Lessee during the term hereof, such event will constitute a default of this lease.

Page 6 of 6 ADHERENCE TO PUBLIC SERVICE COMMISSION RULES AND REGULATIONS 16. The Lessee agrees to be bound by all the rules and regulations applicable to motor vehicles transporting passengers and property in taxicab service as prescribed by the Public Service Commission of West Virginia. Violations of said rules shall be sufficient cause for the Lessor not to enter into any future taxicab rental agreements with the Lessee.

TITLE

17. It is expressly understood and agreed that this is a contract of leasing and that the Lessee acquires no ownership, title, property, rights or interest in the said vehicle, accessories or equipment leased pursuant to this agreement.

MANIFEST

18. The Lessee further agrees to complete and submit to the Lessor, at the end of each lease period, a manifest which substantially complies with the manifest which is contained in P.S.C. W.Va. M.C. Form No. 55.

RATES

19. The Lessee agrees to be bound by, and charge only those rates and charges approved by, the Public Service Commission of West Virginia for the operation of the leased vehicle. Failure to charge the approved rates and charges shall be sufficient cause for the Lessor not to enter into any future taxicab rental agreements with the Lessee.

IN WITNESS THEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written.

LESSEE LESSOR _____________________________________ ___________________________________

(Cab Company)

By________________________________ Revised 6/2003 TAXICAB DRIVER’S DAILY MANIFEST DATE DRIVER’S NAME CAB NO.

LEASE NO.

TIME OUT

TIME IN

MILEAGE OUT

MILEAGE IN :AM :PM :AM :PM

TRIPS

EXACT TIME BEGAN

MILEAGE BEGIN

POINT OF PICKUP

POINT OF DISCHARGE

EXACT TIME ENDED

MILEAGE END

NO. OF PASS.

METER CHARGE

ADDL.

CHARGE

P.S.C. W. Va. M.C. Form No. 62 (M.C. Rule 10.1.36.)

Public Service Commission of West Virginia Transportation Division Motor Carrier Section Accident Report of_________Trucks Reporting Investigator I.D./ Badge No. ________ Investigator Name ______________________________________ Sheet ___________ of __________________ _____________________________________________________________________________________________________________________________________ 1. Date of Accident _____ Mo. _____ Day _____ Yr. 2. Time of Accident _________________________ Hrs. 2a. Form Number_________________ 2b. Name of Police Agency ________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________ 3a. ON: Number or Name of Highway or Street ___________________________________________________________________ County__________________________________________________________________________________________ Township or City__________________________________________________________________________________ _____________________________________________________________________________________________________________________________________ 3b. If not at intersection ______ft. or _______ miles N E S W of _________________________________________(nearest highway, street, milepost, bridge, or other landmark) _____________________________________________________________________________________________________________________________________ DRIVER VEHICLE INFORMATION _____________________________________________________________________________________________________________________________________ 4a. Truck or bus driver’s name: Last ____________________________________________ First ___________________________________________ M.I. _____ 4b. Date of Birth _____ Mo. _____ Day _____ Yr.

Driver’s license number ___________________________ State _____ Class ______ End _______________ Exp. Date _____ Mo. ______ Day _____ Yr.

Medical card Y/N Exp. Date _____ Mo. _____ Day _____ Yr. _____________________________________________________________________________________________________________________________________ 4e. Driver’s Address: Street ___________________________________________________ City _________________________________________ State ______ Zip Code_____________ _____________________________________________________________________________________________________________________________________ 5a. Carrier Name: __________________________________________________________________________ Source: Bill Vehicle Street________________________________________________________________________________ Driver City___________________________________________________________ State ______ Zip Code _______________ _____________________________________________________________________________________________________________________________________ 5b. Owner Name: ________________________________________________________________________________________ Street _______________________________________________________________________________________________ City _______________________________________________________________ State ______ Zip Code ______________ _____________________________________________________________________________________________________________________________________ 5c. Carrier I.D. Numbers: WV#______________________________________________________________ DOT ______________________________________________________________ ICC_______________________________________________________________ _____________________________________________________________________________________________________________________________________ 5d. Vehicle I.D. No. (VIN):

Year _____________ Make _______________ Lic. ______________ State _______ GVWR ________ VIN#____________________________________________________ Year _____________ Make______________ Lic. _______________ State _______ GVWR _____________ VIN# ____________________________________________________ _____________________________________________________________________________________________________________________________________ 6. Highway Type: A. Non-Divided (2-way traffic) B. Divided highway, median w/o barrier C. Divided highway w/ barrier D. One way highway or street _____________________________________________________________________________________________________________________________________ 7. Environmental Conditions: A. No Adverse Condition B. Rain C. Sleet D. Snow E. Fog F. Rain and Fog G. Sleet and Fog H. Other: smog, smoke, blowing sand or dust _____________________________________________________________________________________________________________________________________ 8. Road Surface Conditions: A. Dry B. Wet C. Snow/Slush D. Ice E. Sand, mud, or oil F. Other _____________________________________________________________________________________________________________________________________ P.S.C. W. Va. M.C. Form No. 62 9. Light Condition: A. Dark B. Dark but lighted C. Dawn D. Dusk E. Daylight ______________________________________________________________________________________________________________________________________ M.C. Form No. 62 9a. Type of Accident Collision Involving: A. Pedestrian B. Motor Vehicle in Traffic C. Parked Motor Vehicle D. Other ____________________________________________________________________________________________________________________ 9b. First/Subsequent Harmful Event (s): Jackknife _____ Overturn _____ Separation of units ______ Loss or spillage ______ Explosive _____ Fire _______ Other_______ ____________________________________________________________________________________________________________________ 10. Accident Results: Was vehicle towed from scene? Y/N Did any injury require medical treatment, away from scene? Y/N Towed By:__________________________________________________________________________________________________ 11. Injuries: _______________ Total in accident. ____________________________________________________________________________________________________________________ 12. Fatalities: _______________ Total in accident. ____________________________________________________________________________________________________________________ 13. Citation Issued: Driver Violation Y/N Vehicle Violation Y/N PSC / Other agency _______________________ ____________________________________________________________________________________________________________________ 14. Apparent Driver Condition: A. Appeared Normal B. Had been drinking/alcohol Y/N Chemical test administered? Y/N C. Illegal drug use? Y/N Chemical test administered? Y/N D. Sick E. Fatigue F. Asleep G. Medication ____________________________________________________________________________________________________________________ 15. Vehicle Configuration: A. Bus B. Single unit truck (2 axle, 6 tires) C. Single unit truck (3 or more axles)

D. Truck tractor (bobtail) E. Tractor/semi-trailer F. Truck/trailer G. Tractor/doubles H. Tractor/triples I. Heavy truck, cannot classify ____________________________________________________________________________________________________________________ 16. Cargo Body Type: A. Enclosed box B. Cargo tank, dry bulk (e.g. cement, flyash) C. Cargo tank, liquid bulk (e.g. milk) D. Cargo tank, gas bulk (flammable) E. Flatbed/platform F. Dump G. Concrete mixer H. Auto transporter I. Garbage/refuse J. Other ____________________________________________________________________________________________________________________ 17. Hazardous Materials Involvement: Hazardous materials present in this vehicle? Y/N Hazardous materials released or spilled during accident? Y/N Did vehicle have HazMat placard? Y/N Was HazMat incident report filled out? Y/N Was HazMat citation or notice of apparent violation issued? Y/N _____________________________________________________________________________________________________________________ Comments: ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________ P.S.C. W.Va. M.C. FORM No. 63 (M.C. Rule 10.1.37.)

APPLICATION FEE: $25.00

MOTOR CARRIER INSURANCE REGISTRATION

FISCAL YEAR -

(Effective July 1, _____ through June 30, _____) Approved: ______________ DOT Number: ______________ NOTE: If your company has, for the _- fiscal year, applied for and obtained at least one (1) Uniform Vehicle Identification Card, and paid the special annual assessment fee to the Commission, this form does NOT need to be completed.

1. Applicant Name ____________________________________________________________________________ 2. Business Name (if different from Question No. 1) __________________________________________________ 3. Address: _____________________________________ City/State/Zip _________________________________ Phone: _______________________ Fax: _________________________ E-mail: ________________________ 4. Proposed certificate/permit holder is: Sole Proprietorship ____ Partnership* ____ Corporation** _____ Limited Liability Company*** ____ *Attach list of partners. **Attach list of principal stockholders and officers. ***Attach list of members.

2. Type of items transported: ____________________________________________________________________ 6. Required proof of insurance on file with the Commission: ___________________________________________ I swear (or affirm) that I have knowledge of the affairs of ___________________________________________, the above-named motor carrier, and that this application has been prepared or examined by me on his/her/its behalf, and to the best of my knowledge is true, correct and complete.

AFFIANT _________________________________________

Sworn to and subscribed before me this __________ day of _________, 20 NOTARY PUBLIC ______________________________________ My commission expires ________________________, 20 _______ County _______________________ State ____________________ (6-2003)

P.S.C. W.Va. M.C. FORM No. 64 (M.C. Rule 10.1.38.)

MOTOR CARRIER INSURANCE REGISTRATION

FISCAL YEAR ____________

(Carrier Name)

(Address)

(City/State/Zip)

RE: Insurance Registration This document is evidence that the above carrier has registered with the Public Service Commission of West Virginia for the current fiscal year for insurance purposes and has provided the Commission with proof of commercial liability insurance as required by the West Virginia statutes and Commission regulations.

It is understood that the carrier’s insurance registration may be revoked by the Commission at any time if, for any reason, satisfactory or adequate protection is not provided for the public by this motor carrier. For more information, contact:

Public Service Commission of West Virginia Motor Carrier Section 304-340-0417 Mail to:

(Company Name)

(Address)

(City/State/Zip)

P.S.C. W. Va. M.C. Form No. 65 -- Third Party Tow Form of Invoice [NAME OF WRECKER COMPANY INCLUDING TRADE NAME]

[ADDRESS AND PHONE NUMBER OF OFFICE]

[ADDRESS AND PHONE NUMBER OF STORAGE FACILITY, IF SEPARATE FROM OFFICE]

Vehicles may be retrieved from our facility located at [ADDRESS/LOCATION OF STORAGE FACILITY] during the following days and times: [DAYS AND HOURS WHEN VEHICLES MAY BE RETRIEVED]

I. Vehicle towed:

Identification (if available) of vehicle to be towed:

A. Vehicle Identification Number: License Plate No./State:

B. Make: Model: General description:

C. Beginning location of vehicle to be towed:

D. Location of destination or storage facility:

E. Date & time of arrival at destination/storage facility with towed vehicle: Date: / / Time: a.m./p.m.

II. Wrecker Vehicle used:

A. License plate number of wrecker vehicle:

B. General description and size of wrecker vehicle:

C. Location of base of operations:

D. Date & time wrecker vehicle left base of operations: Date: / / Time: a.m./p.m.

(Add information regarding applicable tariff rate and additional wrecker vehicles to the “Itemized Charges” section.)

III. If a Patrolling Tow:

A. Patrolling contract is with:

B. Beginning of towing operations to connect vehicle:

Date: / / Time: a.m./p.m.

OR III. If Tow is in Response to a Call:

A. Call for tow received: Date: / / Time: a.m./p.m.

B. Name (and address or phone) of person requesting the tow OR Identification of E911, law enforcement agency, etc.:

C. “Returned to base” OR “departed for next call” ((Circle whichever came first)

Date: / / Time: a.m./p.m.

IV. Itemized Charges (towing, storage time, and any other service pursuant to rates authorized by the Pub. Serv. Comm.): _____________________________________________________________________ $_____________________________ _____________________________________________________________________ $_____________________________ _____________________________________________________________________ $_____________________________ _____________________________________________________________________ $_____________________________ TOTAL $_____________________________ The equipment used was necessary and the above charges reflect application of authorized rates and charges.

Signature of owner or authorized employee:

THE REGISTERED OWNER (OR DESIGNEE) MAY HAVE ACCESS TO THE VEHICLE DURING NORMAL BUSINESS HOURS, AT NO CHARGE, FOR THE PURPOSE OF RETRIEVING PERSONAL PROPERTY NOT ATTACHED TO THE VEHICLE (UNLESS LAW ENFORCEMENT HAS PLACED A HOLD ON THE VEHICLE). THIS DOES NOT INCLUDE STORED CARGO WHERE THE TOWED VEHICLE IS A COMMERCIAL VEHICLE, EITHER TRUCK OR TRAILER.

THE RATES AND CHARGES FOR THIRD-PARTY-TOW WRECKER SERVICE, AND FOR SERVICES INCIDENTAL THERETO, ARE REGULATED BY THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA. IF YOU FEEL THAT YOU HAVE BEEN CHARGED UNFAIRLY, YOU MAY COMPLAIN TO THAT AGENCY AT THE FOLLOWING ADDRESS: EXECUTIVE SECRETARY, PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, P.O. BOX 812, CHARLESTON, WV 25323.

150CSR9

P.S.C. W. VA. M.C. Form No. 65 -- Third-Party Tow Form of Invoice

Series 11 Rules And Regulations Governing The Transportation Hazardous Waste By Rail

W. Va. Code R. § 150-11-1 General

1.1. Scope. -- These rules apply to all rail transporters who transport hazardous waste, universal waste, or used oil within or through the State of West Virginia.

1.2. Authority. -- W. Va. Code §22-18-7(b).

1.3. Filing date. -- October 23, 2002.

1.4. Effective date -- December 24, 2002.

1.5. The definition of terms used in these rules shall have the meaning ascribed to them in the rules of the Department of Environmental Protection’s Division of Waste Management implementing the Hazardous Waste Management Act, 33 CSR 20.

1.6. These rules do not apply to on-site movements of hazardous waste by generators or by owners and/or operations of authorized hazardous waste management facilities.

1.7. Transportation of hazardous waste shipments which originate, terminate or occur entirely within the State of West Virginia shall comply with all of these rules. Transportation of hazardous waste shipments originating and terminating outside of West Virginia shall comply with Sections 1.8., 1.10., 2., 3., 4. and 5. of these rules while in West Virginia.

1.8. A transporter of hazardous waste who transports hazardous waste into the United States from abroad or who mixes hazardous wastes of different DOT shipping descriptions by placing them into a single container must also comply with the standards applicable to generators of hazardous waste contained in Section 5 of the rules of the West Virginia Department of Environmental Protection (DEP) implementing the Hazardous Waste Management Act. Title 33 of the Legislative Rules, Division of Environmental Protection, Division of Waste Management, Series 20.

1.9. These rules are promulgated by the Public Service Commission of West Virginia and administered by the Railroad Safety Division of the Public Service Commission of West Virginia. Questions regarding these rules may be addressed to the Railroad Safety Division, Public Service Commission of West Virginia, 201 Brooks Street, Post Office Box 812, Charleston, West Virginia 25323; Telephone: (304)340-0474.

1.10. All transporters in the State must contact the Department of Environmental Protection and obtain an EPA Identification Number from the State before they accept hazardous waste for transport.

1.11. A transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of Section 5 of 33 CSR 20 at a transfer facility as defined in Section 2 of 33 CSR 20 for a period of ten days or less is not subject to regulation under Sections 7, 8, 10 and 11 of 33 CSR 20 with respect to storage of those wastes.

1.12. Transportation of universal waste shipments shall comply with Section 8 of these rules.

1.13. Transportation of used oil shall comply with Section 9 of these rules. 1.14.

1.14.a. These regulations do not apply to transportation during an explosives or munitions emergency response, conducted in accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv), as incorporated by reference in Section 7, or 40 CFR 265.1(c)(11)(i)(D) or (iv), as incorporated by reference in Section 8, and 40 CFR 270.1(c)(3)(i)(D) or (iii), as incorporated by reference in Section 11 of 33 CSR 20.

1.14.b. Section 10 of these rules identifies how the requirements of Sections 1 through 7 of these rules apply to military munitions classified as solid waste under 40 CFR 266.202, as incorporated by reference in Section 9 of 33 CSR 20.

W. Va. Code R. § 150-11-2 The Manifest System. 2.1

2.1.a. A rail carrier may not accept hazardous waste from a generator unless it is accompanied by a manifest signed by the generator in accordance with Section 5 of 33 CSR 20.

2.1.b. Before transporting the hazardous waste, the rail carriers must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property.

2.2. When accepting hazardous waste from a non-rail transporter, the rail carrier must:

2.2.a. Sign and date the manifest acknowledging acceptance of the hazardous waste.

2.2.b. Return a signed copy of the manifest to the non-rail transporter.

2.2.c. Forward at least three (3) copies of the manifest to:

1. The next non-rail transporter, if any; or 2. The designated facility, if the shipment is to be delivered to that facility by rail; or 3. The last rail carrier to handle the waste in the United States.

2.2.d. Retain one copy of the manifest and rail shipping papers in accordance with Section 3. below.

2.3. Rail carriers must ensure that a shipping paper containing all information required on the manifest including the “EPA Acknowledgment of Consent” for waste being exported from the U.S. (excluding the EPA identification number, generator certification, and signatures) accompanies the hazardous waste at all times.

2.4. When delivering hazardous waste to the designated facility, a rail carrier must:

2.4.a. Obtain the date of delivery and handwritten signatures of the owner or operator of the designated facility on the manifest, or the shipping paper if the manifest has not yet been received by the facility; and

2.4.b. Retain a copy of the manifest or signed shipping paper in accordance with Section 3. below.

2.5. When delivering hazardous waste to a non-rail transporter a rail carrier must:

2.5.a. Obtain the date of delivery and the handwritten signature of the non-rail transporter on the manifest; and

2.5.b. Retain a copy of the manifest in accordance with Section 3. below. 2.6.

2.6.a. The rail carrier must deliver the entire quantity of hazardous waste which he has accepted from a generator or another transporter to:

1. The designated facility listed on the manifest; or 2. The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; or 3. The next designated transporter.

2. The place outside the United States designated by the generator.

2.6.b. If the hazardous waste cannot be delivered in accordance with paragraph 2.6.a. above, the rail carrier must contact the generator for further directions and must revise the manifest according to the generator's instructions.

2.7. Transporters who transport hazardous waste out of the United States must:

2.7.a. Indicate on the manifest the date the hazardous waste left the United States;

2.7.b. Sign the manifest and retain one copy in accordance with Section 3.1.;

2.7.c. Return a signed copy of the manifest to the generator; and

2.7.d. Provide a copy of the required manifest to the U.S. Customs Office at the point of departure from the United States.

2.8. A transporter transporting hazardous waste from a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month need not comply with the requirements of 2.1. through 2.5. and 2.7. of this Section or those of §150-11-3 provided that:

2.8.a. The waste is being transported pursuant to a reclamation agreement as provided in 40 CFR 262.20(e) as incorporated by reference in Section 5 of 33 CSR 20.

2.8.b. The transporter records, on a log or shipping paper, the following information for each shipment:

1. The name, address, and U.S. EPA Identification Number of the generator of the waste;

2. The quantity of waste accepted;

3. All DOT-required shipping information;

4. The date the waste is accepted.

2.8.c. The transporter carries this record when transporting waste to the reclamation facility.

2.8.d. The transporter retains these records for a period of at least three years after termination or expiration of the agreement.

W. Va. Code R. § 150-11-3 Record keeping

3.1. For shipments by rail within the United States, the initial transporter of hazardous waste must keep a copy of the manifest and shipping paper containing all information required in Section 2.3. for a period of three years from the date the hazardous waste was accepted by the initial transporter.

3.2. For shipments by rail within the United States, the final rail transporter must keep a copy of the signed manifest, or the shipping paper if signed by the designated facility in lieu of the manifest, for a period of three years from the date the hazardous waste was accepted by the initial transporter.

3.3. A rail carrier who transports hazardous waste out of the United States must keep a copy of the manifest indicating that the hazardous waste left the United States for a period of three years from the date the hazardous waste was accepted by the initial transporter.

3.4. The periods of record retention referred to above are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as required by the Commission.

W. Va. Code R. § 150-11-4 Labeling

4.1. All rail cars transporting hazardous waste shall be so marked in accordance with the applicable provisions of the hazardous material regulations contained in 49 CFR 172.

4.2. A rail transporter shall not accept packaged containers of hazardous waste for shipment unless all labeling and packaging requirements of these regulations have been met.

W. Va. Code R. § 150-11-5 Discharges

5.1. In the event of a discharge of hazardous waste during transportation, the rail transporter must take appropriate immediate action to protect human health and the environment. (e.g. notify local authorities, in the discharge area). Any discharges shall be primarily the responsibility of the rail carriers.

5.2. If a discharge of hazardous waste occurs during rail transportation, and an official (State or Federal Agency) acting within the scope of his official responsibilities determines that the immediate removal of the waste is necessary to protect human health or the environment, that official may authorize removal of the waste by transporters who do not have EPA identification numbers and without the preparation of a manifest. 5.3.

5.3.a. At the earliest practical moment, a rail transporter must give notice of a discharge to:

1. The Railroad Safety Division of the Public Service Commission of West Virginia, 201 Brooks Street, Post Office Box 812, Charleston, West Virginia, 25323; Telephone (304)340-0474.

2. The West Virginia Department of Environmental Protection, Environmental Enforcement at 1-800-642-3074.

3. The National Response Center, 1-800-424-8802 or 1-202-426-2675, but only if:

A. A person is killed; or B. A person receives injuries requiring hospitalization; or C. Total property damage from the discharge exceeds fifty thousand dollars ($50,000); or D. The discharge involves radioactive waste and/or materials; or E. The discharge involves shipment of etiologic agents; or F. An evacuation of the general public occurs lasting one or more hours; or G. One or more major transportation arteries or facilities are closed or shut down for one hour or more; or H. The operational flight pattern or routine of an aircraft is altered; or I. Fire breakage, spillage or suspected radioactive contamination occurs involving shipment of radioactive material; or J. Fire breakage, spillage or suspected contamination occurs involving shipment of etiologic agents; or K. There has been a release of a marine pollutant in a quantity exceeding 450 L (119 gallons) for liquids or 400 Kg (882 pounds) for solids; or L. The situation, in the judgment of the carrier, should be reported. (e.g., a continuing danger to life exists at the scene of the incident).

5.3.b. The notice shall contain the following information:

1. Name of reporter;

2. Name and address of transporter;

3. Phone number where reporter can be reached;

4. Date, time and location of discharge;

5. Extent of injuries, if any;

6. Type and quantity of hazardous waste involved, if available; and 7. Description of incident and whether a continuing danger to life exists at the scene.

5.4. Within thirty (30) calendar days of the date of discovery of the discharge of any quantity of hazardous waste, the rail transporter shall file a written report, as specified in 49 CFR 171.16 the United States Department of Transportation.

5.5. A rail transporter shall clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by Federal, State or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.

W. Va. Code R. § 150-11-6 Revisions to Regulations

6.1. For the purpose of assuring that:

6.1.a. These regulations are consistent with the regulations of the United States Environmental Protection Agency adopted pursuant to the federal Solid Waste Disposal Act, as amended;

6.1.b. The State Hazardous Waste Management Program is equivalent to and consistent with the federal Hazardous Waste Management Program adopted pursuant to Subtitle C of the federal Solid Waste Disposal Act, as amended;

6.1.c. Changes in the regulations of the United States Environmental Protection Agency which have been adopted by reference in these regulations are properly placed into effect under State law; and

6.1.d. The requirements of the State Hazardous Waste Management Act are otherwise satisfied, the Commission shall revise these regulations in accordance with the procedures set forth in Section 6.2., as necessary.

6.2. Whenever there shall be an amendment of the Federal Solid Waste Disposal Act, as amended, or the adoption or revision of rules required to be promulgated by the Federal Solid Waste Disposal Act, as amended, or amendments to the rules and regulations of other State agencies promulgated pursuant to the provisions of the State Hazardous Waste Management Act, which amendments create a need for the revision of these regulations consistent with the discussion set forth in Section 6.1. of these regulations, the Commission shall within 30 days of the effective date of such amendment initiate such action as may be necessary under the provisions of Chapter 24, Article 1, and Chapter 22, Article 18 of the West Virginia Code, to amend these regulations at the earliest practicable date.

6.3. Persons desiring to call to the attention of the Commission amendments to the Federal Solid Waste Disposal Act, as amended, regulations promulgated pursuant thereto, or amendments to the rules and regulations of other State agencies promulgated pursuant to the provisions of the State Hazardous Waste Management Act, may do so by filing a notice with the Commission identifying the amendment which has been made to the Federal Solid Waste Disposal Act, as amended, regulations promulgated pursuant thereto, or rules and regulations of other State agencies pursuant to the State Hazardous Waste Management Act, and identifying the provisions of these regulations which such person believes should be amended.

W. Va. Code R. § 150-11-7 Variances

7.1. The Commission may grant a variance from one or more of the specific provisions of these regulations upon written application from any person who is subject to these regulations.

7.2. An application for a variance must: identify specific provisions of these regulations from which a variance is sought; and demonstrate that suspension or modification of the identified provision will, on the basis of conditions unique and peculiar to the applicant's particular situation, have no significant adverse impact on public health or the new environment.

7.3. The Commission may not grant any variance which would result in requirements which are any less strict than the applicable federal law or regulations.

W. Va. Code R. § 150-11-8 Standards for Universal Waste Transporters

8.1. Applicability. This Section applies to persons engaged in the off-site transportation by rail of universal waste (as defined in 40 CFR 273.6, as incorporated by reference in Section 13 of 33 CSR 20).

8.2. Prohibitions. A universal waste transporter is:

8.2.a. Prohibited from disposing of universal waste; and

8.2.b. Prohibited from diluting or treating universal waste, except by responding to releases as provided in 40 CFR 273.54, as incorporated by reference in Section 13 of 33 CSR 20.

8.3. Waste Management.

8.3.a. A universal waste transporter must comply with all applicable U.S. Department of Transportation regulations in 49 CFR Part 171 through 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR Part 262. Because universal waste does not require a hazardous waste manifest, it is not considered a hazardous waste under the Department of Transportation regulations.

8.3.b. Some universal waste materials are regulated by the Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under 40 CFR 262, they may not be described by the DOT proper shipping name “hazardous waste, (l) or (s), n.o.s.,” nor may the hazardous material’s proper shipping name be modified by adding the word “waste.”

8.4. Storage time limits.

8.4.a. A universal waste transporter may only store the universal waste at a universal waste transfer facility for ten days or less.

8.4.b. If a universal waste transporter stores universal waste for more than ten days, the transporter becomes a universal waste handler and must comply with the applicable requirements of 40 CFR Part 273, Subparts B and C, as incorporated by reference in Section 13 of 33 CSR 20 while storing the universal waste.

8.5. Response to releases.

8.5.a. A universal waste transporter must immediately contain all releases of universal wastes and other residues from universal wastes.

8.5.b. A universal waste transporter must determine whether any material resulting from the release is hazardous waste, and if so, it is subject to all applicable requirements of Sections 1 through 7 of these regulations and the West Virginia Department of Environmental Protection Rules implementing the Hazardous Waste Management Act (33 CSR 20). If the waste is determined to be a hazardous waste, the transporter is subject to Section 5 of 33 CSR 20.

8.6. Off-site shipments.

8.6.a. A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.

8.6.b. If the universal waste being shipped off-site meets the Department of Transportation’s definition of hazardous materials under 49 CFR 171.8, the shipment must be properly described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR Part 172.

8.7. Exports. A universal waste transporter transporting a shipment of universal waste to a foreign destination other than to those OECD countries specified in 40 CFR 262.58(a)(1) (in which case the transporter is subject to the requirements of 40 CFR Part 262, Subpart H) may not accept a shipment if the transporter knows the shipment does not conform to the EPA Acknowledgment of Consent. In addition the transporter must ensure that:

8.7.a. A copy of the EPA Acknowledgment of Consent accompanies the shipment; and

8.7.b. The shipment is delivered to the facility designated by the person initiating the shipment. §150-11-9 Standards for Used Oil Transporters.

9.1. Applicability.

9.1.a. General. Except as provided in paragraphs 9.1.a.1. through 9.1.a.4., this section applies to all used oil rail transporters.

1. This section does not apply to on-site transportation.

2. This section does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil collection center as specified in 40 CFR 279.24(a), as incorporated by reference at Section 14 of 33 CSR 20.

3. This section does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil aggregation point owned or operated by the same generator as specified in 40 CFR 279.24(b), as incorporated by reference in Section 14 of 33 CSR 20.

4. This section does not apply to transportation of used oil from household do-it-yourselfers to a regulated used oil generator, collection center, aggregation point, processor/re-refiner, or burner subject to the requirements of Section 14 of 33 CSR 20. Except as provided in paragraphs 9.1.a.1. through 9.1.a.3., this section does, however, apply to transportation of collected household do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points, or other facilities where household do-it-yourselfer used oil is collected.

9.2. Imports and exports. Transporters who import used oil from abroad or export used oil outside of the United States are subject to the requirements of this section from the time the used oil enters and until the time it exits the United States.

9.3. Other applicable provisions. Used oil transporters who conduct the following activities are also subject to applicable provisions of Section 14 of 33 CSR 20 as indicated in rules 9.3.a. through 9.3.e. below:

9.3.a. Transporters who generate used oil must also comply with 40 CFR Part 279, Subpart C, as incorporated by reference in Section 14 of 33 CSR 20.

9.3.b. Transporters who process or re-refine used oil, except as provided in Section 9.4., must also comply with 40 CFR Part 279, Subpart F, as incorporated by reference in Section 14 of 33 CSR 20.

9.3.c. Transporters who burn off-specification used oil for energy recovery must also comply with 40 CFR Part 279, Subpart G, as incorporated by reference in Section 14 of 33 CSR 20.

9.3.d. Transporters who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in 40 CFR 279.11, as incorporated by reference in Section 14 of 33 CSR must also comply with 40 CFR Part 279, Subpart H, as incorporated by reference in Section 14 of 33 CSR 20.

9.3.e. Transporters who dispose of used oil, including the use of used oil as a dust suppressant must also comply with 40 CFR Part 279, Subpart I, as incorporated by reference in Section 14 of 33 CSR 20.

9.4. Restrictions on transporters who are not also processors or re-refiners.

9.4.a. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in Rule 9.4.b., used oil transporters may not process used oil unless they also comply with the requirements for processors/re-refiners in 40 CFR Part 279, Subpart F, as incorporated by reference in Section 14 of 33 CSR 20.

9.4.b. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products unless they also comply with the processor/re-refiner requirements in 40 CFR Part 279, Subpart F, as incorporated by reference in Section 14 of 33 CSR 20.

9.4.c. Transporters of used oil that is removed from oil bearing electrical transformers and turbines and filtered by the transporter prior to being returned to its original use are not subject to the processor/re-refiner requirements in 40 CFR Part 279, Subpart F, as incorporated by reference in Section 14 or 33 CSR 20.

9.5. Notification.

9.5.a. Identification numbers. Used oil transporters who have not previously complied with the notification requirements of Section 4 of 33 CSR 20 must comply with those requirements and obtain an EPA identification number.

9.5.b. Mechanics of notification. A used oil transporter who has not received an EPA identification number may obtain one by notifying the Director of the Division of Waste Management of their used oil activity by submitting either:

1. A completed EPA Form 8700-12 (To obtain ordering information for EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or 2. A letter requesting an EPA identification number. The letter should include the following information:

A. Transporter company name;

B. Owner of the transporter company;

C. Mailing address for the transporter;

D. Name and telephone number for the transporter point of contact;

E. Type of transport activity (i.e., transport only, transport and transfer facility, transfer facility only);

F. Location of all transfer facilities at which used oil is stored;

G. Name and telephone number for a contact at each transfer facility.

9.6. Used oil transportation.

9.6.a. Deliveries. A used oil transporter must deliver all used oil received to:

1. Another used oil transporter, provided that the transporter has obtained an EPA identification number;

2. A used oil processing/re-refiner facility who has obtained an EPA identification number;

3. An off-specification used oil burner facility who has obtained an EPA identification number; or 4. An on-specification used oil burner facility.

9.6.b. DOT Requirements. Used oil transporters must comply with all applicable requirements under the U.S. Department of Transportation regulations in 49 CFR Parts 171 through 180. Persons transporting used oil that meets the definition of a hazardous material in 49 CFR 171.8 must comply with all applicable regulations in 49 CFR Parts 171 through 180.

9.6.c. Used oil discharges.

1. In the event of a discharge of used oil during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).

2. If a discharge of used oil occurs during transportation and an official (State or local government or a Federal Agency) acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by transporters who do not have EPA identification numbers.

3. A rail transporter who has discharged used oil must:

A. Give notice, if required by 49 CFR 171.15 to the National Response Center (800-424-8802 or 202-426-2675); and B. Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590.

4. A transporter must clean up any used oil discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the used oil discharge no longer presents a hazard to human health or the environment.

9.7. Rebuttable presumption for used oil.

9.7.a. To ensure that used oil is not a hazardous waste under the rebuttable presumption of 40 CFR 279.10(b)(1)(ii), as incorporated by reference in Section 14 of 33 CSR 20, the used oil transporter must determine whether the total halogen content of used oil being transported is above or below 1,000 ppm.

9.7.b. The transporter must make this determination by:

1. Testing the used oil; or 2. Applying knowledge of the halogen content of the used oil in light of the materials or processes used.

9.7.c. If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR Part 261, Subpart D, as incorporated by reference in Section 3 of 33 CSR 20. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Edition III, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of 49 CFR Part 261, as incorporated by reference in Section 3 of 33 CSR 20). EPA Publication SW-846, Third Edition, is available from the Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. (202)512-1800 (document number 955-001-00000-1).

1. The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in 40 CFR 279.24(c), as incorporated by reference in Section 14 of 33 CSR 20, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed.

2. The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if the CFC care destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.

9.7.d. Record retention. Records of analyses conducted or information used to comply with Rules 9.7.a., 9.7.b., and 9.7.c. must be maintained by the transporter for at least 3 years.

9.8. Tracking.

9.8.a. Acceptance. Used oil transporters must keep a record of each used oil shipment accepted for transport. Records for each shipment must include:

1. The name and address of the generator, transporter, or processor/re-refiner who provided the used oil for transport;

2. The EPA identification number (if applicable) of the generator, transporter, or processor/re-refiner who provided the used oil for transport;

3. The quantity of used oil accepted;

4. The date of acceptance; and 5.

A. Except as provided in paragraph 9.8.a.5.B., the signature, dated upon receipt of the used oil, of a representative of the generator, transporter, or processor/re-refiner who provided the used oil for transport.

B. Intermediate rail transporters are not required to sign the record of acceptance.

9.8.b. Deliveries. Used oil transporters must keep a record of each shipment of used oil that is delivered to another used oil transporter, or to a used oil burner, processor/re-refiner, or disposal facility. Records of each delivery must include:

1. The name and address of the receiving facility or transporter;

2. The EPA identification number of the receiving facility or transporter;

3. The quantity of used oil delivered;

4. The date of delivery;

5. A. Except as provided in paragraph 9.8.b.5.B, the signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter.

B. Intermediate rail transporters are not required to sign the record of delivery.

9.8.c. Exports of used oil. Used oil transporters must maintain the records described in paragraphs 9.8.b.1. through 9.8.b.4. for each shipment of used oil exported to any foreign country.

9.9.d. Record retention. The records described in Rules 9.8.a., 9.8.b., and 9.8.c. must be maintained for at least three years.

9.9. Management of residues. Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in 40 CFR 279.10(e), as incorporated by reference in Section 14 or 33 CSR 20. §150-11-10 Standards applicable to the transportation of solid waste military munitions.

10.1. Unless otherwise specified in this section, all applicable requirements in Sections 1 through 7 of these regulations and the West Virginia Department of Environmental Protection’s Rules implementing the Hazardous Waste Management Act (33 CSR 20) apply to waste military munitions.

10.2. Criteria for hazardous waste regulation of waste non-chemical military munitions in transportation.

10.2.a. Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as hazardous waste under Section 3 of 33 CSR 20, are listed or identified as a hazardous waste (and thus are subject to regulation under Sections 1 through 7 of these regulations and West Virginia Department of Environmental Protection Rules implementing the Hazardous Management Act (33 CSR 20), unless all the following conditions are met:

1. The waste military munitions are not chemical agents or chemical munitions;

2. The waste military munitions must be transported in accordance with the Department of Defense shipping controls applicable to the transport of military munitions;

3. The waste military munitions must be transported from a military owned or operated installation to a military owned or operated treatment, storage, or disposal facility; and 4. The transporter of the waste must provide oral notice to the Railroad Safety Section of the Public Service Commission of West Virginia within 24 hours from the time the transporter becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of Rule 10.2.a. that may endanger health or the environment. In addition, a written submission describing the circumstances shall be provided within 5 days from the time the transporter becomes aware of any loss or theft of the waste military munitions or any failure to meet a condition of Rule 10.2.a.

10.2.b. If any waste military munitions shipped under Rule 10.2.a. are not received by the receiving facility within 45 days of the day the waste was shipped, the owner or operator of the receiving facility must report this non-receipt to the Director within 5 days.

10.2.c. The exemption in Rule 10.2.a. from regulation as hazardous waste shall apply only to the transportation of non-chemical waste military munitions. It does not affect the regulatory status of waste military munitions as hazardous wastes with regard to storage, treatment or disposal.

10.2.d. The conditional exemption in Rule 10.2.a. applies only so long as all of the conditions in Rule 10.2.a. are met.

10.3. Reinstatement of exemption. If any waste military munition loses its exemption under Rule 10.2.a., an application may be filed with the Railroad Safety Section of the Public Service Commission of West Virginia for reinstatement of the exemption from hazardous waste transportation regulation with respect to such munition as soon as the munition is returned to compliance with the conditions of Rule 10.2.a. If the Railroad Safety Section finds that reinstatement of the exemption is appropriate based on factors such as the transporter’s provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the Railroad Safety Section may reinstate the exemption under Rule 10.2.a. If the Railroad Safety Section does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be deemed granted, retroactive to the date of the application. However, the Railroad Safety Section may terminate a conditional exemption reinstated by default in the preceding sentence if the Railroad Safety Section finds that reinstatement is inappropriate based on factors such as the transporter’s failure to provide a satisfactory explanation of the circumstances of the violation, or failure to demonstrate that the violations are not likely to recur. In reinstating the exemption under Rule 10.2.a., the Railroad Safety Section may specify additional conditions as are necessary to ensure and document proper transportation to protect human health and the environment.

10.4. Amendment to DOD shipping controls. The Department of Defense shipping controls applicable to the transport of military munitions referenced in paragraph 10.2.a.2. are Government Bill of Lading (GBL) (GSA Standard Form 1109), requisition tracking form DD Form 1348, the Signature and Talley Record (DD Form 1907), Special Instructions for Motor Vehicle Drivers (DD Form 836), and the Motor Vehicle Inspection Report (DD Form 626) in effect on November 8, 1995, except as provided in the following sentence. Any amendments to the Department of Defense shipping controls shall become effective for purposes of Rule 10.2.a. on the date the Department of Defense publishes notice in the FEDERAL REGISTER that the shipping controls referenced in paragraph 10.2.a.2. have been amended.

10.5. Standards applicable to emergency responses. Explosives and munitions emergencies involving military munitions or explosives are subject to Rule 1.13.a. of these regulations.

150CSR11

150CSR11

Series 13 Broadcast And Still Picture Photographic Equipment In Public Hearing Of WV PSC

W. Va. Code R. § 150-13-1 General

1.1. Scope. -- This procedural rule applies to the use of broadcast and still picture photographic equipment in all public hearings of the West Virginia Public Service Commission, pursuant to W. Va. Code '24-2-1.

1.2. Authority. -- W. Va. Code ''24-1-1, 24-1-7, 24-2-1, 24-2-2.

1.3. Filing Date. -- June 16, 1981.

1.4. Effective Date. -- August 15, 1981.

W. Va. Code R. § 150-13-2 Use Of Broadcast And Still Picture Photographic Equipment In Public Hearings

2.1. Television, radio, and still picture photography coverage is permitted in all public hearings of the West Virginia Public Service commission subject to the following guidelines:

a. Cameras and broadcast equipment shall be placed in an unobtrusive location that provides reasonable access to coverage. Such coverage should be as inconspicuous and quiet as reasonably possible.

b. Movements into, out of, and within the hearing room shall be unobtrusive.

c. The hearing commissioner or administrative law judge shall have discretion to establish and to require compliance with reasonable restrictions relating to camera and microphone placement, movement, and lighting as he or she may deem necessary to maintain the dignity and efficiency of Commission proceedings.

d. The record taken and transcribed by the designated court reporter shall be the official record of the Public Service Commission hearings.

Series 15 Rules And Regulations For The Government Of Telephone Utilities

W. Va. Code R. § 150-15-1 General

1.1. Scope. -- This rule deals with the use of the number A911".

1.2. Authority. -- W. Va. Code '24-6-10.

1.3. Filing Date. -- May 9, 1997.

1.4. Effective Date. -- July 11, 1997.

W. Va. Code R. § 150-15-2 Prohibition Regarding the Use of the Number A911"

2.1. No person or organization of any kind may use the number A911" in their title or name unless the person or organization is authorized to provide emergency telephone services for firefighting, law enforcement and/or medical personnel by means of the operation of or oversight over one or more local emergency telephone systems as the same are defined in W. Va. Code '24-6 et seq.

2.2. Except as specified below, no person or organization may use the designation A911" for any purpose other than to promote the education of the public regarding A911" service or to otherwise provide information pertaining to local emergency telephone systems as the same are defined in W. Va. Code '24-6 et seq.

2.3. No person or organization may use such numbers which are similar to A911" to deceive the public regarding the user=s affiliation with the provision of emergency telephone services for firefighting, law enforcement and/or medical personnel.

2.4. These rules shall not affect motor vehicle license plate numbers issued by the Division of Motor Vehicles, nor shall it affect race cars that use a A911 logo when the number is not used for purpose of deceiving the public that the operator or owner operates A911" services.

2.5. The Public Service Commission may require the modification or discontinuance of distribution of materials which use A911" for the purposes of education of the public, when the Commission determines the educational materials do not accurately reflect the appropriate use of "911" services.

150CSR15

Series 16 Rules Governing the Transportation of Natural Gas

W. Va. Code R. § 150-16-1 General

1.1. Scope. -- This legislative rule applies to the transportation of natural gas within the State of West Virginia.

1.2. Authority. -- W. Va. Code §§ 24-1-1, 24-1-7, 24-2-7, 24-2-11, and 24-2-20, 24-3-3a.

1.3. Filing Date. -- April 15, 2021.

1.4. Effective Date. -- June 14, 2021.

W. Va. Code R. § 150-16-2 Definitions

2.1. Aggregation.

See Pooling.

2.2. Aggregation Pool.

See Pool.

2.3. Aggregator.

See Pool Operator.

2.4. Balancing.

A process by which receipts and deliveries of natural gas volumes are equalized.

2.5. Benchmark fully distributed cost based rate.

The term "benchmark fully distributed cost based rate" means a rate for a transportation service which represents the full embedded costs associated with providing the service.

2.6. Benchmark incremental rate.

The term "benchmark incremental rate" means a rate for a transportation service which represents the short-run variable costs associated with providing the service.

2.7. Bypass.

The term "bypass" means the connection by an end-user to facilities other than facilities owned by a utility for the purpose of receiving natural gas through such alternate facilities.

2.8. End-user.

The term "end-user" shall mean any person, firm or corporation which is the ultimate consumer of natural gas.

2.9. Full commodity service.

The term "full commodity service" means the supplying of utility owned natural gas.

2.10. Gathering facilities.

The term "gathering facilities" shall include all pipelines and related facilities used to collect the gas production of one (1) or more wells for the purpose of moving such production from the well(s) into the facilities of an interstate pipeline, a utility, or an intrastate pipeline. For the purposes of these rules, gathering facilities shall not be considered either public utilities or intrastate pipelines.

2.11. Interstate pipeline.

The term "Interstate Pipeline" means any person, firm or corporation engaged in natural gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C. §717.

2.12. Intrastate pipeline.

The term "Intrastate Pipeline" means any person, firm or corporation engaged in natural gas transportation in intrastate commerce to or for another person, firm or corporation for compensation.

2.13. Marketer.

An entity that obtains gas supply and offers that supply to one or more end users.

2.14. Nomination.

The customer’s request of a utility or intrastate pipeline to receive quantities of natural gas for the customer’s account at specified receipt point(s) and for delivery of quantities of natural gas to specified delivery point(s).

2.15. Nomination Requirement.

The quantity of gas required to be delivered to the utility or intrastate pipeline at receipt point(s) for the account of a customer in order to meet (1) the customer’s requirement for flowing gas (gas physically delivered to end-user), (2) losses, and (3) correction of a customer’s out-of-balance condition existing at the end of the preceding nomination period.

2.16. Pool.

An aggregation of multiple accounts of one or more natural gas end users which have assigned natural gas nomination, balancing and other transportation requirements to a pool operator. If a pool is made up solely of multiple delivery points of one customer, it is referred to as an individual member pool, whereas a pool made up of two (2) or more customers is referred to as a multiple member pool.

2.17. Pool member.

An individual end user that belongs to a pool.

2.18. Pool Operator.

The individual or entity which has entered into a pooling agreement with a utility or intrastate pipeline. A single end user with multiple delivery points may be a pool operator.

2.19. Pooler.

See pool operator.

2.20. Pooling.

A service, whereby the pool operator aggregates natural gas supplies delivered to satisfy the pool requirements of end users which have assigned their nomination and balancing responsibilities.

2.21. Public utility service area.

The term "Public Utility Service Area" includes those present and future end-users located within the communities and environs specified in the utility's tariff sheets.

2.22. Receipt Point.

The location point at which natural gas is physically received into a utility’s or intrastate pipeline’s facilities.

2.23. Supplier.

See marketer.

2.24. Unbundle.

The term "Unbundle" shall mean the separation of distinct transportation service, or services associated therewith, which allows an identification of the charge for each component of the service provided.

2.25. Utility.

The term "Utility" or "Public Utility" means any person, firm or corporation subject to the Commission's jurisdiction under W. Va. Code § 24-2-1.

W. Va. Code R. § 150-16-3 Waiver

3.1. Waiver – If hardship results from the application of any rule herein prescribed, or if unusual difficulty is involved in immediately complying with any rule, application may be made to the Commission for the modification of the rule or for temporary or permanent exemption from its provisions: Provided, that the application for such modification or exemption must be submitted with a full and complete justification for such action.

W. Va. Code R. § 150-16-4 Transportation Obligations

4.1. Obligations - All natural gas public utilities and intrastate pipelines shall provide non-discriminatory transportation of customer-owned gas, upon request, upon a first come/first served basis, to persons requesting such service over the existing facilities of the utility or intrastate pipelines. Transportation service shall include service to a pool, provided, however, that pool membership shall be made available only to interruptible transportation customers. Pooling shall be made available to human needs customers only as set forth in these Gas Transportation Rules.

4.2. Conditions - The obligation to provide transportation services shall be subject to valid capacity restraints. Pooling service also shall be subject to valid operational characteristics of the utility or intrastate pipeline, satisfactory proof that the pool operator is qualified under the provisions of these regulations and/or other Commission consideration(s) and all other laws of the State.

4.2.1. A rebuttable presumption shall exist that adequate capacity exists to provide the requested transportation service.

4.2.2. In the event of a dispute between an existing or potential transportation customer and a public utility or intrastate pipeline over the adequacy of capacity to provide the requested transportation service, the Commission shall resolve the dispute through its complaint procedures in which the utility or intrastate pipeline will have the initial burden of overcoming a presumption that adequate capacity does exist.

4.3. Application forms - The information required by a utility or intrastate pipeline to process a request for transportation service shall be clearly set forth on an application form which shall be made available upon request.

4.3.1. The application form shall be contained within the utility's or intrastate pipeline's transportation tariffs.

4.3.2. The requirements of such forms shall be just and reasonable and shall not be unduly burdensome upon the applicant for transportation services.

4.4. Processing of applications - All requests for transportation services shall be approved or rejected by the utility or intrastate pipeline within twenty (20) working days following receipt of a completed application form. If the request is rejected, a written reason must be given at the time of the rejection together with an indication of the revisions which would make the application acceptable, if at all.

4.5. Discrimination prohibited - All transportation services to be offered and policies and practices with respect thereto shall be applied without unjust discrimination or preference, either as to affiliates or nonaffiliates.

4.6. Creditworthiness - The utility or intrastate pipeline shall establish creditworthiness standards for pool operators that are not unduly discriminatory, and that shall consider, among other factors, the past payment history of the applicant with the utility. The utility or intrastate pipeline may consider the total potential monetary loss to the utility or intrastate pipeline in the event of a default on the part of the pool operator. Where such standards result in a requirement for a deposit or other financial assurance, such deposit amount or financial assurance amount shall not exceed that permitted at Rule 4.2.1 of the Commission’s Rules for the Government of Gas Utilities and Gas Pipeline Safety, 150 C.S.R. Series 4 (Gas Utility Rules).

W. Va. Code R. § 150-16-5 Transportation Rates, Practices and Services

5.1. Interim Transportation Tariffs - No later than fifteen (15) days after the effective date of these rules each gas utility shall file proposed transportation tariffs, to be effective within fifteen (15) days following the filing date, which unbundle the transportation services to be rendered by the utility, set forth the conditions of service, and establish just and reasonable rates for service. The proposed tariffs may be suspended and will become effective, revised or rejected upon the further order of the Commission.

5.1.1. Unless otherwise acted upon by the Commission, the tariffs filed pursuant to this section shall be considered interim provisions with respect to transportation which will be reviewed by the Commission in the entity's next general rate filing or upon complaint or the Commission's own motion.

5.1.2. All workpapers, data, and calculations which support and demonstrate the proposed rates and any other calculated numbers in the filed tariffs shall be filed with the proposed tariffs.

5.1.3. Small utilities whose total annual throughput is less than five hundred thousand (500,000) Mcf, excluding residential sales, and intrastate pipelines are exempt from the tariff filing requirements of this section. However, although exempt, such entities must offer services and charge rates with respect thereto in accordance with the provisions of this rule. This exemption is subject to future modification by the Commission. Additionally, the Commission's complaint procedure is available for the purpose of reviewing any service, practice, or policy of an entity claiming exemption under this section. Specific exemptions may be revoked by the Commission on a case by case basis for good cause shown.

5.2. Services provided -

5.2.1. Mandatory services.

All natural gas utilities and intrastate pipelines shall offer firm and interruptible transportation service. Pooling shall be made available to interruptible transportation service customers, subject to the human needs limitation set forth in these Gas Transportation Rules.

5.2.2. Optional services.

All local distribution companies shall develop some method which ensures that all interruptible transportation customers, whether they are members of a pool or not, pay for all the costs they impose on the system including any balancing penalties. Utilities and intrastate pipelines may further propose to unbundle services associated with both firm and interruptible transportation which may be appropriate to their individual operating capabilities and characteristics.

5.2.3. Discrimination prohibited.

All transportation rates and policies with respect thereto shall be applied without unjust discrimination or preference, either as to affiliates or nonaffiliates.

5.2.4. Recourse to the Commission.

In the event the person requesting transportation service and the transporter cannot negotiate a mutually agreeable rate and/or terms of service, the dispute shall be resolved by the Commission upon a petition by either party.

5.3. Tariff Requirements - Tariffs filed or rates charged pursuant to these rules must, at a minimum, contain the following provisions:

5.3.1. Transportation tariffs.

5.3.1.a. Rates must be flexible, both downward and upward, from a benchmark fully distributed cost based rate. The Commission will review flexible pricing practices in rate cases, complaint cases, or in cases initiated upon its own motion.

5.3.1.b. Generally, the benchmark fully distributed cost based rate should be the rate imposed upon a transportation service; however, flexibility, at the discretion of the transporter, is provided in order to reflect market conditions on a case by case basis.

5.3.1.c. For natural gas produced within West Virginia, the transportation rate may not flex upward from the benchmark fully distributed cost based rate.

5.3.1.d. The benchmark fully distributed cost based rate shall include an allowance for return on allocated rate base equal to the last rate of return authorized by the Commission for the particular utility. For entities which do not have an authorized rate of return, the benchmark fully distributed cost based rate shall include a reasonable return, which shall be documented and supported by sufficient information and data at the time of the filing, until modified by the Commission.

5.3.1.e. The flexibility of transportation rates for each entity subject to this rule must be determined according to the following standards:

5.3.1.e.1. Negotiated rates for services provided under this rule may flex downward from the benchmark fully distributed cost based rate but not below the benchmark incremental rate, as defined in Rule 2.6.

5.3.1.e.2. The provisions of this Rule 5.3.1.e. shall apply to utilities which provide, in addition to transportation services, full commodity service to non-transportation customers.

5.3.1.e.2.A. Negotiated rates for services provided under this rule by a utility may flex upward from the benchmark fully distributed cost based rate but not above the utility's otherwise applicable sales tariff rate excluding the utility's avoidable purchased gas commodity costs. For the purpose of calculating this maximum rate, the "utility's otherwise applicable sales tariff rate" shall be the average per unit rate computed on the basis of the utility's tariff that would apply to the volumes of throughput contemplated in the transportation agreement.

5.3.1.e.2.B. To the extent standby sales service is contracted for, the maximum provided in this subsection shall be calculated by deducting all of the utility's purchased gas costs from the utility's otherwise applicable sales tariff rate.

EXAMPLE

The following calculations provide an example of a maximum rate determination, which has flexed upward from the benchmark fully distributed cost based rate. The example assumes a customer requesting transportation for 500 Mcf per month. To calculate the maximum transportation rate you first determine the average rate under the serving utility's applicable rate schedule. A typical rate schedule may appear as follows:

Customer Charge $34.00 First Mcf 6.00 per Mcf Next 49 Mcf 5.00 per Mcf Over 50 Mcf 4.70 per Mcf The above rates include a PGA of $4.30 per Mcf.

Under this rate schedule the total bill for 500 Mcf would be $2,400 and the average per unit rate is $4.80.

Avoidable purchased gas commodity costs are deducted from the average tariff rate to arrive at the maximum transportation rate for non-standby customers. For standby customers all purchased gas costs are deducted from the average tariff rate. Typical purchased gas costs may be made up of the following components:

Avoidable Commodity Costs………………………$3.45 per Mcf All Other Purchased Gas Costs………………………..85 per Mcf Total PGA…………………………………………..$4.30 per Mcf Given the above assumed tariff rates and purchased gas costs the maximum transportation rate is determined as follows:

Non-Standby Customers:

Average Tariff Rate……………………………….....$4.80 Less Avoidable Purchased Gas Costs……………… (3.45)

Maximum Transportation Rate……………………..$1.35 Standby Customers:

Average Tariff Rate …………………………….……$4.80 Less Total Purchased Gas Costs................................(4.30)

Maximum Transportation Rate ……………………….$0.50

5.3.1.e.2.C. In the event the maximum flex rate calculated under this subsection is less than the total benchmark fully distributed cost based rate for the transportation services to be provided, the total benchmark fully distributed cost based rate shall be the maximum rate that may be charged.

5.3.1.e.3. Nothing within these rules regarding rate flexibility should be construed as allowing, or Commission authorization for, an elimination of a reasonable differential between rates for firm and interruptible service.

5.3.1.f. Utilities shall provide for optional standby sales service. Standby sales service shall entitle a transportation service end-user to purchase natural gas at the applicable full service commodity tariff rate, i.e., the utility's retail sales rate applicable to the particular end user. Each transportation service end-user shall be entitled to standby sales service subject to the following conditions:

5.3.1.f.1. The transportation service end-user must be in compliance with the terms and conditions of the tariff relating to standby sales service, including the payment of fees.

5.3.1.f.2. The transportation service end-user and the utility shall agree upon the maximum sales volumes. Volumes taken in excess of this amount may require the payment of a penalty.

5.3.1.f.3. The standby sales service shall include all fixed costs, including the fixed costs associated with gas supply, associated with providing standby sales service to the transportation service end-user.

5.3.1.f.4. The rate for standby sales service shall not be flexible.

5.3.1.f.5. For a transportation service end-user which is not paying a standby sales service fee, the utility is relieved from its service obligation to provide full commodity service to such end-user.

5.3.1.g. If transportation service to an end-user requires the capacity of other pipelines, the transportation rate to such end-user shall recover the costs incurred by the utility or intrastate pipeline in reserving such capacity.

5.3.2. Tariffs provisions for pooling service.

5.3.2.a. Every entity with natural gas transportation tariffs on file with the Commission shall have on file tariffs setting forth terms, conditions and rates for providing service to pools. Any entity subsequently filing transportation tariffs with the Commission shall include provisions for pooling service at that time.

5.3.2.b. Work papers, data and calculations which support and demonstrate the proposed rates and any other calculated numbers in the filed tariffs shall be filed with proposed tariffs.

5.3.2.c. Small utilities whose total annual throughput is less than five hundred thousand (500,000) Mcf, excluding residential sales, and intrastate pipelines who have no transportation tariff on file with this Commission, are exempt from the initial tariff filing requirements of these rules. However, although exempt, such entities must offer services and charge rates with respect thereto in accordance with the provisions of these rules. The exemption is subject to future modification by the Commission. Additionally, the Commission’s complaint procedure is available for the purpose of reviewing any service, practice, or policy of an entity claiming exemption under this section. Specific exemptions may be revoked by the Commission on a case by case basis for good cause shown.

5.3.2.d. Tariff and/or rates developed, after consultation with interested parties, and subsequently filed pursuant to these rules must, at a minimum, address the following items:

5.3.2.d.1. Rates including any billing and payment requirements, and/or late payment penalty clauses.

5.3.2.d.2. Eligibility for pooling service. Human needs customers who have selected interruptible transportation service, including residences, schools, hospitals, nursing homes and other types of health care facilities, are not eligible for pooling unless they purchase stand-by service or have demonstrated that they have the existing ability to switch to alternative fuels which would meet the human needs customers’ energy requirements that were provided by the interrupted gas supply.

5.3.2.d.3. Responsibility for any unpaid purchased gas cost arising from prior utility or intrastate pipeline service.

5.3.2.d.4. Provisions for balancing the pool and the transfer of gas supplies from one pool to another.

5.3.2.d.5. Pool membership requirements, include at a minimum, proof that all end users are interruptible transportation customers, are not subject to this rule’s human needs limitation, and have knowingly selected the option of pooling and the potential ramifications of selecting pooling. Such proof must be clear and unambiguous and to the satisfaction of the utility or intrastate pipeline. The primary responsibility for payment for the transportation service is that of the pool operator. Equitable distribution of end user payments to the pool operator shall be a matter of contractual rights between the end user and the pool operator. When a transporter has not received adequate, timely payment from a pool operator, the transporter may initiate collection activities, including termination action, against the entity contracting transportation service, even if such entity is a pool operator and is not an end user, provided that the transporter provide notification to each member of the pool regarding such non-payment and termination actions. Individual members of a pool that is delinquent in its payments to a transporter shall not be precluded from obtaining service in their own right solely because of the delinquency of their former pool. If the transporter is an LDC, it must comply with the Commission’s rules on terminations. Further, if applicable to any individual member of such pool, an LDC shall comply with Gas Utility Rule 4.8.2.b.13.

5.3.2.e. Utilities and intrastate pipelines may provide for the following operational considerations within their individual pooling tariffs, for example, but not limited to:

5.3.2.e.1. Limitations, if any, due to upstream and/or downstream contractual agreements with interstate and intrastate pipelines.

5.3.2.e.2. Limitations, if any, on the number of pools from which an individual end-user can be served at any one time.

5.3.2.e.3. Limitations, if any, on the timing of commencement of service. Any requirements for notification to the utility or intrastate pipeline required for making additions to the pool participant listing(s).

5.3.2.e.4. Any provisions related to withdrawals from pool participation. Such provision should provide for time frames for proper notice and appropriate forms for such notice.

5.3.2.e.5. Any volumetric restrictions limiting the eligibility of end-users for the pooling service and the time frame, if applicable, of the phase-in or implementation of pooling service for interruptible transportation end-users.

W. Va. Code R. § 150-16-6 Bypass

6.1. Rule 6 does not apply to (i) any person, entity, or a facility that meets the requirements of W. Va. Code § 24-2-20 to receive direct service or (ii) any person, entity or corporation that constructs or operates facilities to provide direct service to any person, entity, or a facility that meets the requirements of W. Va. Code § 24-2-20 to receive direct service. 6.2 Any person, corporation, or other entity desiring to construct or operate any facilities for the purpose of transporting natural gas to an end-user is required to file for and obtain a certificate of public convenience and necessity from the Commission prior to such construction or operation.

6.2.1. Ordinary extensions of existing utility systems in the usual course of business are exempt from the certificate requirements of this section.

6.2.2. In the case of an application pursuant to this section, the Commission intends to apply the following procedure:

6.2.2.a. The thirty (30) day prefiling notice provided for in W. Va. Code § 24-2-11(a) is waived.

6.2.2.b. The certificate applied for will be granted unless otherwise ordered by the Commission, on the thirty-first (31) day following the notice required by W. Va. Code § 24-2-11(a), i.e., a Class I legal advertisement, unless a bona-fide protest is received by the Commission within the thirty (30) day notice period, a petition is filed by Commission Staff, or upon the Commission's own motion the application is set for further examination, review or hearing.

6.2.2.c. In order to constitute a bona-fide protest, the protestant, if providing a service, must indicate an initial willingness to reduce its rates in light of the proposed alternative. After a discovery period of ninety (90) days, the protestant must present to the Commission an affidavit that the protestant in good faith can provide the proposed transportation service more economically.

6.2.2.d. Upon the receipt of a bona-fide protest, the Commission will proceed with a disposition of the application in an expeditious manner.

6.3. A public utility is relieved from its service obligation with respect to any end-user located in its service territory which bypasses the utility's facilities. In the event an end-user bypasses a utility's facilities and subsequently decides to reestablish service from the utility, the rate at which the end-user will receive such service must be approved by the Commission prior to the reestablishment of service. For good cause shown, upon the petition of a utility or end-user, the Commission will consider allowing the service and establishing rates and fees for the service on an interim basis pending final Commission decision. The interim rates and fees will be subject to true up based on the Commission's final order. Any such end-user is not automatically entitled to average cost pricing of any service. Upon the end-user's agreement to pay the fees and rates established in the Commission's order, the utility shall provide the service.

W. Va. Code R. § 150-16-7 Utility to Utility Competition

7.1. A public utility shall not provide sales or transportation service to end-users located within the service area of another utility unless the proposed sales or transportation service meets one (1) of the following exceptions:

7.1.1. the facilities of the utility whose service area is involved will be used and compensated for transportation; or,

7.1.2. the end user has requested transportation services from the utility whose service area is involved and has been refused the requested service due to capacity restraints. Prior to service under this exception, the transporting utility must petition for and obtain the approval of the Commission.

7.2. Any dispute regarding utility to utility competition shall be resolved through the Commission's complaint procedures.

W. Va. Code R. § 150-16-8 Existing Transportation Arrangements

8.1. All transportation arrangements pursuant to contracts which were executed and made effective prior to May 11, 1987, are exempt from the rate requirements of this rule, unless renegotiated to conform to such requirements, until the expiration of the term of the agreement as it existed on May 11, 1987. Except as otherwise specifically exempted by these rules, all other provisions of these transportation rules shall apply to existing transportation arrangements.

W. Va. Code R. § 150-16-9 Priority of Service

9.1. For the purpose of establishing service priority, the Commission recognizes four (4) categories of service by public utilities: firm and interruptible sales and firm and interruptible transportation. In the event of the need for curtailment, because of utility capacity reasons or utility supply shortages, firm sales and firm transportation shall have a higher priority than interruptible sales and interruptible transportation.

9.2. In the event of future curtailment problems, the Commission, at that time, will establish priorities among customers within the firm and interruptible services, e.g. the priority of firm residential sales as compared to firm industrial sales, the priority of interruptible commercial transportation as compared to interruptible industrial transportation.

W. Va. Code R. § 150-16-10 Reporting Requirements

10.1. Every August 1, each utility and intrastate pipeline shall file reports with the Commission which shall set forth information relating to volumes of gas transported in a consecutive twelve (12) month period commencing thirteen (13) months prior to the report due date. The report due on August 1 will cover volumes transported for the period beginning July 1 of the previous year through June 30 of the current year.

10.2. The information required by this subsection shall be provided upon PSC Gas Transportation Form No. 1.

W. Va. Code R. § 150-16-11 Pooling Requirements

11.1. These rules apply to public utilities, intrastate pipelines, pool operators, marketers and end users as defined in these Gas Transportation Rules and the Commission’s Gas Utility Rules.

11.2. A pool operator shall provide verification to the utility or intrastate pipeline of the pool operator’s compliance with these rules. The pool operator shall also affirm its acceptance of responsibility to satisfy the utility’s or intrastate pipeline’s pool balancing requirements. The utility or intrastate pipeline shall require proof of the pool operator’s legal status within the State.

11.3. At a minimum, all entities proposing to be operators of pools for interruptible transportation customers must comply with the utility’s or intrastate pipeline’s tariff filings and applicable Commission rules. Operators of multiple member pools must be certificated by the Public Service Commission of West Virginia. Operators of individual members pools do not have to obtain a certificate. The certificate application form for operators of multiple member pools is attached as PSC Gas Transportation Form No. 2.

11.4. Pool operators have the obligation to provide gas supply to pool members pursuant to the terms and conditions of their contracts. Those contracts shall also govern the equitable disposition of an individual end user’s payment to the pool operator.

11.5. The Commission may revoke the authority of multiple member pool operators who do not comply with Commission rules or state law.

W. Va. Code R. § 150-16-12 Implementation of Pooling

12.1. To orderly and effectively implement pooling, the following transition and timetable will be observed:

12.1.1. After a final Commission order approving each utility’s or intrastate pipeline’s tariff filing required by this rule, pooling will become available to the following groups and/or classes:

12.1.1.a. All current and previous interruptible transportation service customers; and

12.1.1.b. All utility defined industrial and commercial customers that request and are eligible to receive interruptible transportation service for new or incremental load.

12.1.2. No later than twelve (12) months after pooling is available under Rule 12.1.1 above, pooling will become available to all other utility defined industrial customers who request and are eligible to receive interruptible transportation service.

12.1.3. No later than twenty-four (24) months after pooling is available under Rule 12.1.1 above, pooling will become available to all other utility defined commercial customers who request and are eligible to receive interruptible transportation service.

PSC Gas Transportation Form No. 1 Summary Information This information must be filed by all transportation entities subject to General Order No. 228.

Annual report of .................................. Year ended June 30 .....

Address of respondent.......................................................

Volumes Name of Transportation Average Transported Customer Rate This Period PSC Gas Transportation Form No. 1A Detail Information Detail Page 1 of 3 This information must be filed by all Class A or B Natural Gas Utilities. For all other transportation entities subject to General Order No. 228 this information is not required unless specifically requested by the Commission.

Annual report of ................................. Year ended June 30 ......

Address of respondent ......................................................

(Complete one form for each transportation contract. Add pages as needed.)

1. Name of the entity receiving the transportation service from respondent.

2. Name and addresses of the end-user ultimately receiving the benefit of the transportation service.

3. Applicable transportation tariff 4. Monthly transportation revenues received: (If less than the fully distributed cost based rate, add a brief statement of the justification for such lower rate.)

Per Unit Revenues Volume If Explanation Required Transp. Rate Received Delivered See Note July ............ .......... ......... ( )

August ............ .......... ......... ( )

September ............ .......... ......... ( )

October ............ .......... ......... ( )

November ............ .......... ......... ( )

December ............ .......... ......... ( )

January ............ .......... ......... ( )

February ............ .......... ......... ( )

March ............ .......... ......... ( )

April ............ .......... ......... ( )

May ............ .......... ......... ( )

June ............ .......... ......... ( )

TOTAL ............ .......... ......... ( )

If Standby Service is Contracted:

Volumes Contracted ...............

Revenues Received ...............

PSC Gas Transportation Form No. 1A Detail Page 2 of 3 Annual report of ...................................Year ended June 30......

5. Disclose the affiliation, if any, of the respondent to: the entity receiving the transportation service, the end-user, and the producer Entity Receiving Transportation............................................. ............................................................................

End User ................................................................... ............................................................................

Producer ................................................................... ............................................................................

6. Gas Supplier(s):

Name Location 7. Other transportation entities involved:

Fees to be Name Address Received 8. Date deliveries commenced ............ Projected termination date......

9. Estimated maximum daily quantity ......................................

10. Estimated total quantity to be transported ............................

PSC Gas Transportation Form No. 1A Detail Page 3 of 3 Annual report of.....................................Year ended June 30.....

11. Location where the gas is received and delivered and the approximate pipeline distance between such locations:

Received Delivered Distance 12. Notes to Report:

Explanation Reference PSC Gas Transportation Form No. 2 State of West Virginia Public Service Commission Charleston APPLICATION FOR CERTIFICATION AS A NATURAL GAS POOL OPERATOR FOR MULTIPLE END USERS Case No. ____________________ Application of ________________________________________________________________________ for certification as an operator of natural gas pools for multiple end users in the State of West Virginia filed in accordance with the provisions of the Rule 11 of the Public Service Commission Rules Governing the Transportation of Natural Gas, 150 C.S.R. Series 16.

Name of the Pool Operator: _______________________________________________________________ Address of the Pool Operator: _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Name(s) of the Pool Operator’s designated contact person(s): ____________________________________ _____________________________________________________________ _____________________________________________________________ Telephone Number(s) of the Pool Operator’s designated contact person(s): _________________________ Fax Number(s) of the Pool Operator’s designated contact person(s): _______________________________ Email Address(es) of the Pool Operator’s designated contact person(s): ____________________________ Name of the Pool Operator’s designated agent for receipt of legal service of process: _____________________________________________________________________________________ Address of the Pool Operator’s designated agent for the receipt of legal service of process: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Form No. 2, continued.

Telephone Number of the Pool Operator’s designated agent for the receipt of legal service of process: _____________________________________________________________________________________ The Applicant agrees to comply with all applicable West Virginia statutory law and the Public Service Commission’s rules, regulations and orders.

Dated this ________________day of _________________________________, _______________ (Signed) ______________________________________________________________________________ Signature of authorized representative of applicant Title of Signer: ________________________________________________________________________ Address of Signer: _____________________________________________________________________ _____________________________________________________________________________________ _________________________________________, Attorney W. Va. State Bar I.D. No.: ____________________________ Subscribed and sworn before me this _____ day of _________________, 20. _______________________________________________________________________________ (Official signature and official seal of notary)

(If Applicant is signing out-of-state, please use verification Form No. 12 from the Commission Rules of Practice and Procedure, 150 C.S.R. Series 1.)

Series 21 Certification of Operation of Telecommunication Relay Services (TRS)

W. Va. Code R. § 150-21-1 General

1.1. Scope. -- This legislative rule applies to the certification and operation of telecommunication relay service in West Virginia.

1.2. Authority. -- W. Va. Code §§24-1-1, 24-1-7, 24-2-7 and 24-2-11.

1.3. Filing Date. -- September 14, 2015.

1.4. Effective Date. -- November 13, 2015.

1.5. Definitions and abbreviations.

1.5.a. ADA -- Americans with Disabilities Act of 1990

1.5.b. ASL -- American Sign Language

1.5.c. CA -- Communications Assistant

1.5.d. FCC -- Federal Communications Commission

1.5.e. PSC or Commission -- Public Service Commission of West Virginia

1.5.f. TRS -- Telecommunication Relay Service

1.5.g. TT -- Text Telephone

1.5.h. Utility -- The term "utility" or "public utility" means any person, firm or corporation subject to the jurisdiction of the Commission under W. Va. Code §24-2-1.

W. Va. Code R. § 150-21-2 Commission requests for certificate applications

2.1. The Commission shall receive and consider contemporaneous applications for certificates pursuant to a notice requesting certificate applications that will be initiated by the Commission.

2.2. The closing deadline for submitting applications shall be specified in the order of the Commission requesting certificate applications.

2.3. No application will be accepted after the closing deadline unless the deadline is specifically extended by the Commission.

2.4. To be considered as filed in accordance with this rule, applications must be received in the office of the Executive Secretary of the Commission no later than 5:00 p.m. on the date established by the Commission as the closing deadline.

2.5. Applications for a certificate that are received prior to the closing deadline will be treated as confidential material, not subject to disclosure prior to the closing deadline.

2.6. All applications for a certificate must include PSC Form 5.1 and all attachments and supporting exhibits required by that form.

W. Va. Code R. § 150-21-3 Telecommunication relay service certificates

3.1. Any certificate granted hereunder shall incorporate the entire State of West Virginia as the certificated territory. No applications shall be considered unless they contemplate full TRS service to all residents within the State. Any TRS certificate holder shall be under the jurisdiction of the Public Service Commission of West Virginia and shall have a public service obligation to provide TRS as utility service during the term of the certificate.

3.2. The Commission shall issue only one active certificate at any time for providing TRS in West Virginia. During the term of the certificate, the TRS provider shall have the same obligation to serve on a statewide basis as any public utility and shall be subject to all statutes and Commission Rules and Regulations generally applicable to public utilities unless specifically contradicted by special statutes or Rules applicable to TRS providers. A certificate shall be valid for the term of the certificate as authorized by the Commission at the time of granting such certificate, or for any extension of that term as herein provided. The Commission may consider new applications under these rules for a certificate in advance of the expiration of a certificate to assure continued, uninterrupted TRS in the State. The Commission may issue a notice requesting certificate applications at any time that the Commission determines that such request is necessary to assure continued, uninterrupted TRS in the State.

W. Va. Code R. § 150-21-4 Term of certificates

4.1. A certificate shall have a term of five years, unless otherwise ordered by the Commission. A certificate may be extended for one year, on motion of the Commission, Commission Staff or certificate holder. If the Commission finds that an additional extension is necessary to assure continued and uninterrupted TRS to the State, it may extend a certificate for such period(s) as the Commission determines is necessary (additional extension). No other notice or hearing with regard to such extensions shall be required. In the case of an additional extension of a certificate, the TRS provider may request a rate increase.

W. Va. Code R. § 150-21-5 TRS rates -

5.1. Applications for TRS certificates must include a schedule of proposed rates and charges for providing the service. In granting a certificate the Commission may accept the proposed rates, or condition the certificate upon agreement of the applicant to accept rates as modified by the Commission. Any rates approved by the Commission at the time of issuance of a certificate shall be effective for at least three years (initial rate period). No request for increased rates will be considered by the Commission during this initial rate period. After the initial rate period, the TRS certificate holder may file for rate changes pursuant to Commission rules.

5.2. In accordance with federal statutory requirements, the Commission shall establish an appropriate monthly rate increment per local exchange access line to be paid by West Virginia telephone subscribers. The Commission shall authorize the amount of the monthly rate increment as well as the mechanism by which the monthly rate increment is to be collected and disbursed. The collections from this rate increment shall be used to pay the TRS service provider.

W. Va. Code R. § 150-21-6 Irrevocability of applications and penalties for failure to provide service in accordance with the certificate granted

6.1. Because of the critical need for telecommunication relay service in West Virginia on a continuing and uninterrupted basis, and considering the requirement of the ADA to provide this service, any application for a TRS certificate shall impose a binding and irrevocable obligation on the applicant to proceed with the application. Furthermore, a certificate holder must agree to the contractual nature of the certificate to provide the service if the application is granted.

6.2. No application for a TRS certificate will be accepted by the Commission unless it clearly states that the applicant understands and agrees that it will not attempt to withdraw the application after the first sixty (60) days after the filing deadline.

6.3. No application for a TRS certificate will be accepted by the Commission unless it clearly states that the applicant understands and agrees that if the certificate is granted as filed, failure to provide the service in accordance with the rules, regulations and orders of the Commission shall be considered as a breach of contract and shall subject the TRS provider, in addition to penalties applicable to public utilities, to such civil penalties as would be appropriate for breach of contract.

6.4. In consideration of the critical need for TRS, the Commission shall expedite its consideration of certificate applications and will make every reasonable effort to act on a TRS certificate filing within ninety (90) days of the filing deadline as herein discussed. If the Commission fails to grant a requested certificate within said ninety (90) days, the irrevocability provision herein shall no longer be in effect; however, the contractual nature of the certificate, and any breach thereof by the TRS provider, shall continue in effect during the term of the certificate, regardless of the time required for the granting of the certificate, or regardless of any modifications required by the Commission and accepted by the TRS provider. Commencement of operations pursuant to a certificate granted by the Commission shall be deemed as evidence of full acceptance by the TRS provider of any conditions or modifications imposed by the Commission.

W. Va. Code R. § 150-21-7 Proprietary/confidential information

7.1. The Commission discourages attempts to keep any portion of an application confidential. If an applicant marks material filed in support of an application as proprietary or confidential, and such material is accompanied by a motion seeking protective treatment thoroughly explaining the reasons for the confidentiality request, the Commission shall provisionally accept the confidential nature of the material and it shall not be released unless otherwise ordered by the Commission. The Commission will consider disclosure of material marked confidential only on receipt of a request pursuant to the West Virginia Freedom of Information Act, W. Va. Code ( 29B-1-1, et seq. (FOIA). Such request shall be served on the applicant seeking confidentiality of material and the applicant shall have the burden of proof that the material should be kept confidential.

W. Va. Code R. § 150-21-8 Contracting or subcontracting

8.1. No certificated TRS provider shall contract for the lease of property or equipment or for services necessary to provide TRS without specific approval of the Commission. If initiation of service under a requested certificate requires such contracts, that information must be included in the application for a certificate. Under any circumstances, including Commission approval of contracts, a certificated TRS provider is responsible for full compliance with all requirements of the certificate.

W. Va. Code R. § 150-21-9 Service and operational standards

9.1. TRS shall be designed to provide a means whereby a deaf, hard of hearing or speech impaired person using a text telephone (TT) can communicate with a non-TT user over the existing telecommunication network. All applications for a TRS certificate must demonstrate an understanding of and ability to comply with all operational, technical and functional standards prescribed by the Commission on Form 5.1. All applicants for a TRS certificate must submit a fully completed Form 5.1, with attachments addressing all standards.

FORM No. 5.1 APPLICATION FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY TO PROVIDE TELECOMMUNICATION RELAY SERVICE (TRS)

State of West Virginia Public Service Commission Charleston Case No. __________________ Application of __________________________________________________ for a certificate of convenience and necessity to provide telecommunication relay service for customers within the entire State of West Virginia. Applicant proposes to provide TRS from facilities located and manned (within) (outside) the State of West Virginia.

Basic information required to be submitted:

1. Applicant's full name and address: ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 2. Applicant's Telephone number: _______________________________________________________________ 3. Applicant's Tax ID numbers: Federal: ___________________ West Virginia: _______________________ 4. If applicant is owned or controlled by a parent company, provide the information required in paragraphs 1 through 3 above for the parent.

Name and Address: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Telephone number: __________________________ Tax ID numbers: Federal: _______________________________ West Virginia:__________________________ Application of________________________________________________________________________________.

5. Specific location(s) of TRS facility: ___________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ _________________________________________________________________________________________ 6. Provide the date proposed by the applicant for initiation of service under the certificate: ___________________________________________________________________________________________ Form 5.1, page 2 Application of ___________________________________________________________.

6. If the applicant, or an affiliate, presently operates any TRS facility, this Application must include attachments listing the location of such facility(ies) and the names, titles, addresses and telephone numbers of contact persons for each facility at the State's equivalent to the PSC.

7. Provide an organizational chart showing the staffing and lines of authority for key personnel to be used, including subcontractors. Also provide a complete description of the personnel, including supervisory personnel, necessary for increasing levels of call volumes and a discussion as to how such personnel will be screened, selected and trained.

8. Provide the following financial information for the applicant, its parent company (if applicable) and any contractor or subcontractor which is expected to receive ten percent (10%) or more of the total revenues from the service (if applicable):

9. Audited Financial Statements for the most recent two (2) years.

10. Letter of reference or financial commitment from primary banking source.

11. Any rating agency reports or investment advisories issued during the past (2) two years.

12. Provide a statement detailing applicant's managerial expertise in the telecommunications industry and in dealing with the deaf, hearing impaired and speech impaired communities.

13. Provide a statement detailing applicant's technical expertise in the telecommunications industry and in dealing with telecommunications as related to the deaf, hearing impaired and speech impaired communities.

14. Attach a complete description of the TRS facilities to be used, the general staffing and operations of the facilities and any problems and solutions to said problems the applicant perceives in providing full TRS in compliance with all requirements of the Public Service Commission.

15. Appendix A to this form provides a full and complete description of operational, technical and functional standards required by the Public Service Commission. Applicant must address, on attachments hereto, the standards set by the Commission and clearly describe how the applicant will meet or exceed these standards. Mandatory standards must be met under all circumstances. Required standards must be met unless specifically waived by the Commission in the Order granting the certificate. Enhancements will be considered by the Commission in determining the desirability of each application for TRS.

16. Attach a complete description of the rates and charges proposed by the applicant. Rates must be structured on a per minute basis for the time (measured in fractional minutes) necessary to complete a call. This time shall include call set-up, call wrap-up and actual conversation time. Proposed rates must be structured as follows Form 5.1, page 3.

Calls Per Month Price Per Minute for all Minutes 0 to 3,999 4,000 to 5,999 6,000 to 7,999 8,000 to 9,999 10,000 to 11,999 Over 12,000 Enhanced functions and any proposed outreach to customers should be priced separately and include a description of how these enhancements will be furnished.

(Add a verification page signed by an authorized officer of applicant. Verification must indicate an understanding and full agreement to comply with the provisions of paragraph 6 of the Commission's Rules Governing Certification and Operation of Telecommunication Relay Service.)

VERIFICATION

State of West Virginia County of Kanawha, ss. ____________________________, a duly authorized representative of ___________________________________, the Applicant named in the foregoing application, being duly sworn says that the facts and allegations therein contained are true except so far as they are therein stated to be on information, and that, so far as they are therein stated to be on information, he/she believes them to be true. ________________________________________________ Affiant Taken, sworn to and subscribed before me this the _______ day of _____________, 2. ________________________________________ Notary Public in and for said County My commission expires on the ______ day of ________, 2.

Appendix A to PSC FORM 5.1

W. Va. Code R. § 150-21-10 Operational standards

10.1. Communications assistant - 10.a. Communications Assistant qualifications. 10.a.1. Mandatory – The applicant shall specify how it plans to meet the necessary proficiency requirements for CAs. This discussion will include, but not be limited to, the level of proficiency to be required for skills in typing, grammar, and spelling. 10.a.2. Required -- The applicant shall require that all prospective CAs take and pass a quantifiable, performance-based Proficiency Examination. This examination shall cover spelling, typing, dictation, procedures, including the handling of emergency calls, characteristics of ASL as it may be reflected in the written language of TT users, deaf culture, ethics and confidentiality, and professional judgment. This test shall have as its minimum requirements the proficiency skills for CAs mandated by this Commission. The relay center shall make sure that material from these tests is not available to the CAs before testing time and must change portions of the tests from time to time.

Any CA who cannot pass this examination within a three-month training period shall not be utilized as a CA. CAs shall be retested at least annually.

Trainees shall be identified to both parties at the onset of each conversation to mitigate potential for criticism of CA quality. 10.b. Training -- 10.b.1. Mandatory -- The applicant shall describe how its staff will be trained to effectively meet the specialized communications needs of individuals with hearing and speech disabilities. Each applicant shall demonstrate how initial and ongoing training will be provided by including with its application an outline of a proposed training plan including, but not limited to, a list of required courses, course descriptions, time frames and required curriculum for certification. Furthermore, the applicant shall indicate at what level it considers CAs to be fully trained in this capacity. 10.b.2. Required -- All relay center staff, including management, shall receive training to include, but not be limited to, American Sign Language (ASL) "gloss" and grammar, deaf culture, acquired deafness, needs of speech impaired users, operation of relay telecommunications equipment, ethics and confidentiality. 10.b.3. Training shall include both simulated and live on-line call handling. 10.b.4. Appropriate portions of in-service training shall be provided by experts from the deaf, hard of hearing and speech impaired communities in the field of language interpreting, ASL and deaf culture and speech impairment.

10.2. Required -- Procedures for relaying communication.

10.2.a. CAs must simultaneously convey the full content, context and intent of the communication they translate. The key word is intent. Unless requested otherwise by a user, the CA shall relay all calls according to the following procedures.

10.2.a.1. Those users who have limited written English language skills will need their calls translated into English so that hearing persons can understand the call and communication occurs. The hearing person's English must be translated back into written English at a level that the deaf person can understand. TT users may instruct the CA to voice in standard English or word for word the content the TT user types.

10.2.a.2. CAs shall, to the best of their abilities, let the TT user know the non-TT user's tone of voice.

10.2.a.3. CAs shall also keep the user informed on the status of the call, such as dialing, ringing, busy, disconnected or on hold.

10.2.a.4. The TT user shall have the option of telling the CA what aspects of the call that he/she will handle. For example, the TT user may request to introduce relay services to the called party, rather than have the CA do it.

10.2.a.5. When the CA needs to explain relay to a hearing user, the CA shall also type "explaining relay" for the benefit of the TT user. Conversely, when the CA needs to explain relay to a TT user, the CA will inform the hearing user that the CA is explaining relay. Upon request by the user, the CA shall not announce a call as a relay call, permitting the caller to provide explanation, if any. The CA shall not reveal the caller's disability unless the caller requests that information to be relayed.

10.2.a.6. When speaking for the TT user, the CA shall adopt a conversational tone of voice appropriate to the type of call being made.

10.2.a.7. CAs shall indicate to the TT user if another person (hearing) comes on the line.

10.2.a.8. When a line is busy and redialing is requested by the customer, a CA shall redial at least two times, with a fifteen (15) second delay between redialing.

10.2.a.9. All comments directed to either party by the CA shall be relayed. These comments shall be typed in parentheses, for example, "(Will you accept a collect call?)" All comments directed to the CA by either party shall also be relayed, for example, "Yes, I'll accept the collect call."

10.2.a.10. If either party communicates in the third person, the CA shall relay in the third person.

10.2.a.11. To correct a typing error, CAs shall not backspace, but continue in a forward direction by typing "xx" (common TT convention for error) and then typing the word correctly.

10.2.a.12. When necessary, CAs shall verify spelling of proper nouns, numbers and addresses that are spoken. This shall be relayed as discussed in 9 above.

10.2.a.13. The CA will stay on the line until both parties have terminated the call. If necessary to process a complaint or compliment, the call will be transferred to a supervisor.

10.2.a.14. CAs shall not counsel, advise or interject personal opinions or additional information into any relay call. Furthermore, the CAs shall not hold personal conversations with anyone calling the TRS even when prompted by callers.

10.2.a.15. Callers shall not be required to give their full names or the full name of the party they are calling. This information shall not be recorded in any form without the permission and knowledge of the caller (except for long distance billing purposes). It is understood that for some calls, having the full name would help facilitate the call. The CA may ask for that information and explain how it may facilitate the call. However, the CA shall not refuse to make a call if the caller does not wish to give full names.

10.2.a.16. CAs will uniformly recognize an "s" typed at the TT user's option, at the beginning of a call, to indicate that the user is speech impaired. Applicants shall propose procedures for fulfilling this requirement. This convention shall be included in all informational material produced and distributed to explain relay usage.

10.2.a.17. CAs will leave messages on answering machines or other voice processing systems if the voice or TT caller activates one while actually making the call. Applicants shall propose procedures for fulfilling this requirement, and the procedures shall include the following steps:

10.2.a.17.A. The CA will inform the caller when an answering machine has been reached.

10.2.a.17.B. The CA will ask the caller if she/he wishes to leave a message.

10.2.a.17.C. The CA will leave the caller's message, either by voice or by TT.

10.2.a.17.D. The CA will confirm to the caller that the message has been left.

10.2.a.17.E. The caller will only be charged for one call regardless of the number of redials required to leave the message.

10.2.a.18. CAs will retrieve messages from voice processing systems and relay a TT message to a voice user or a voice message to a TT user. Applicants shall propose procedures for handling this requirement, and the procedures shall include methods for obtaining any necessary system access codes from the user and statements regarding the confidentiality of that information.

10.3. Confidentiality and conversation content.

10.3.a. Mandatory -- Applicants shall outline the policies the applicant will use to preserve confidentiality. Applications shall also include plans to maintain security and privacy of the work environment at the proposed site. Specific policies shall be developed in the start-up period after the contract is awarded. Such policies include protocols employees are encouraged to use to prevent unintentional disclosure of relayed conversations.

10.3.b. Required --

10.3.b.1. A copy of the Confidentiality Policy shall be provided on request and made available during workshops, seminars, outreach and community awareness programs, and posted at the operations center.

10.3.b.2. The contractor shall not permit the CAs to make any value judgment regarding legality or obscenity of the content of the message and shall ensure that the CAs relay all messages received.

10.3.b.3. The contractor shall be restricted to collecting only that personal information necessary to provide and bill for the relay service being rendered except when necessary to respond to customer complaints. This information shall not be used for any other purpose.

10.3.b.4. CAs, supervisors, and trainers must be required to sign a pledge of confidentiality promising not to disclose the identity of any callers or fellow CAs or any information learned during the course of relaying calls, either during the period of employment or after termination of employment.

10.3.b.5. When training new CAs by the method of sharing past experience, trainers shall not reveal any of the following information:

10.3.b.5.A. names, genders, or ages of the parties of the call

10.3.b.5.B. originating or terminating points of the call

10.3.b.5.C. specifics of the information conveyed

10.3.b.6. CAs shall not discuss, even among themselves or their supervisors, any names or specifics of any relay call, except as required in the course of resolving complaints. CAs may discuss the general situation that they need assistance with in order to clarify how to process a particular type of relay call. CAs should be trained to ask questions about procedures without revealing names or specific information that will identify the caller. If a user is in an emergency or life-threatening situation or causes an emergency situation to exist by threatening the CA or relay center, names and specific information may be disclosed by the CA to a supervisor to expeditiously address the situation.

10.3.b.7. Watching or listening to actual calls by anyone other than the CA is prohibited except for on-the-job training and monitoring quality of service. The application shall outline the procedures and controls that assure such exceptions are limited to absolutely necessary circumstances.

10.3.b.8. A CA or supervisor who, after investigation, is found to have violated the confidentiality rules and regulations shall either be terminated immediately or be given a warning and automatically terminated the second time it occurs. Applications shall specify the policy for reviewing alleged violations of confidentiality.

10.3.b.9. Obscenity Directed to the Communications Assistant -- CAs do not have to tolerate obscenity directed at them. An application should specify how the contractor will handle these situations. It is acceptable to transfer callers using obscenities directed at the CA to a supervisor to determine why the caller is using obscenities and to explain that this is inappropriate.

10.3.b.10. Communications Assistant Identification.

10.3.b.10.A. The method to be used in the TRS is for the CA to identify by identification number (not name) at the beginning and before completion of each call. A method must be established which will allow identification of the CA in the event a complaint is filed or a user wants to compliment the work of the CA.

10.3.b.10.B. CAs must maintain confidentiality as to the identity of fellow CAs' employee identification (ID) number as delineated above.

10.3.b.11. Caller-Provided Information -- A service provider may require that a caller provide NPA/NXX type information to identify the caller's local calling area if that information is necessary to distinguish local calls from toll calls and to allow for faster call set-up times. The applicant must specify how such information would result in faster call set-up times and provide justification that no other equipment is available which would avoid the necessity for callers to provide their phone number.

10.3.b.12. Conflict of interest -- To avoid the appearance of a conflict of interest, applicants shall demonstrate in their applicants that they will operate this as an independent relay service. A service provider shall not use any information obtained from relay calls for any other services they may provide to users of the relay system and shall not make any such information available for sale.

10.4. Types of calls -

10.4.a. Mandatory.

10.4.a.1. The application must state and justify any type of call normally provided by common carriers which the applicant does not propose to complete as a basic service.

10.4.a.2. The application should outline the procedure for receiving, transmitting and tracking emergency calls. A plan for handling emergency calls must be made available to the PSC prior to commencement of operations.

10.4.a.3. The Relay Center must process West Virginia intrastate calls, interstate calls originating in West Virginia, interstate calls terminating in West Virginia and interstate calls made between two other states that are made by a West Virginia customer. The service shall be designed such that all calls made through the center will be billed from the originating telephone number to the terminating telephone number as if the call were made directly. The applicant must explain how these objectives will be accomplished.

10.4.b. Required.

10.4.b.1. Billing: The service provider must establish methods which shall be used to ensure that calls are timely and accurately billed. The application must include a description of how the service provider will meet the following requirements:

10.4.b.1.A. The billing for each billable call made using the TRS shall be rendered by the same telephone company which would have rendered such billing had the call been made without utilization of the TRS.

10.4.b.1.B. The TRS shall promptly, reliably, and accurately transmit all necessary billing information to the telephone companies needing such information for their billing purposes.

10.4.b.1.C. The TRS shall perform all billing activity necessary to assure that TRS users are accurately and timely billed, when billing is warranted, for the following types of calls, at a minimum:

10.4.b.1.C.1. Direct dial

10.4.b.1.C.2. Operator assisted, whether "operator" is live or mechanized

10.4.b.1.C.3. Sent-paid coin

10.4.b.1.C.4. Credit card

10.4.b.1.C.5. Directory assistance

10.4.b.1.C.6. Third-number billed

10.4.b.1.C.7. "Collect" (Charge reversal)

10.4.b.1.C.8. Person-to-Person

10.4.b.1.C.9. Hotel/Motel/Hospital

10.4.b.1.D. The TRS shall, under no circumstances, cause billing to be rendered to a TRS user for an uncompleted call.

10.4.b.1.E. Billing time for charges applicable to TRS users shall commence when the line called for the TRS user, by the CA, answers. Billing time shall cease when the line called by the CA, for the TRS user, goes on hook or whenever the CA terminates the connection to that line, whichever comes first.

10.4.b.1.F. TRS user billing time shall be measured in whole second increments.

10.4.b.1.G. For purposes of calculating the mileage bands applicable for the billing of calls made by TRS users, the TRS shall treat all calls as if they were made directly between the points of origination and termination.

10.4.b.2. Transfer Capability: The Relay Center must be equipped to allow for the transfer of calls when necessary to meet user needs.

10.4.b.3. Operator Assistance: Service providers are required to provide access to operator assistance for the deaf, hard of hearing and speech impaired. This service would provide standard operator services normally provided to all telephone users upon commencement of operations.

10.5. Enhancement.

Access to 900 Services: The application should describe how access to 976 and other 900 number services can be provided and a methodology for billing the user directly for any charges incurred.

10.6. Policy and procedures manual.

Required. Applicants shall provide with the application an outline of a proposed CA Policy and Procedures manual which shall include, but not be limited to, confidentiality, handling of emergency and crisis calls, consequences of non-compliance to policies, and functions and roles of a CA.

W. Va. Code R. § 150-21-11 Technical Standards

11.1. ASCII and BAUDOT -- Mandatory. The TRS must be capable of automatically identifying incoming TT signals as either Baudot or ASCII. The application should describe the methods of accessing and being accessed by computers and state any limitation as to speed.

11.2. Speed of Answer.

11.2.a. Mandatory. The application shall show plans to develop staffing patterns as related to call volumes and usage patterns.

11.2.b. Required.

11.2.b.1. No restrictions shall be placed on the length or number of calls placed by customers through the Relay Center. The system shall be designed and staffed to handle traffic during peak and off-peak periods.

11.2.b.2. Blockage Rate: Average daily blockage rate for all calls into the Relay Center shall be no greater than one (1) in one hundred (100) calls. This shall be measured by sampling the number of calls being blocked at a minimum of every 30 minutes for each 24 hour period.

11.2.b.3. Traffic reports: The service provider shall provide the PSC Staff with the following written reports on a monthly basis. (More frequent or more detailed reports shall also be available on request.)

11.2.b.3.A. Reported by NPA, total daily and monthly

11.2.b.3.A.1. number of incoming calls

11.2.b.3.A.2. number of outgoing calls (including busy, no answer, disconnected)

11.2.b.3.A.3. number of completed calls

11.2.b.3.A.4. number of abandoned calls.

11.2.b.3.B. Daily monthly blockage data.

11.2.b.3.C. Average daily and monthly answer time; range of answer times for the month.

11.2.b.3.D. Average daily and monthly number of calls in queue (caller is receiving a ringing, waiting to be answered by a CA); average length of time in queue.

11.2.b.3.E. Average daily and monthly length of call, broken down into call set-up, call duration and call wrap-up.

11.2.b.3.F. Total daily and monthly number of calls of the following lengths: 0 - 10 minutes 11 - 20 minutes 21 - 30 minutes 31 - 40 minutes 41 - 50 minutes 51 - 60 minutes 61+ minutes

11.2.b.3.G. Usage patterns (number of calls and length of calls) by hour of day and day of week.

11.2.b.3.H. Number of CAs on duty by hour of day and day of week.

11.2.b.3.I. Number of local, intrastate toll, and interstate calls and completed call minutes for the month.

11.2.b.3.J. All of the above shall be reported to the PSC Staff no later than 21 calendar days after the close of each month.

11.2.c. For the purposes of improving the productivity of the relay service, automatic electronic production of the above information is recommended.

11.2.d. The applicant will submit the reporting format that will be used to provide all of the data listed above.

11.2.e. The applicant must include information on its capability to provide ad hoc reports including new information in the system's database or new formats for existing information. 11.2f. On an annual basis, the service provider must provide forecasted usage figures and costs to the PSC Staff for the upcoming year for use in annual program budgets.

11.2.g. Any data not specified above required by regulatory bodies.

11.3. Equal Access To Interexchange Carriers.

11.3.a. Mandatory. The application must state and justify any limitation to be placed on access to interexchange carriers.

11.3.b. Required. The applicant shall provide details of the dialing plan, including number of dialed digits utilized by users of the service. Details must be provided thatoutline whether more than one access number will be used and explain why more than one access number will be required.

11.4. TRS facilities.

11.4.a. Mandatory -

11.4.a.1. Applicants must provide a network design diagram and accompanying explanation indicating how the TRS provider will satisfy the operational and technical standards. The application should include the quantities and types of inbound and outbound circuits necessary to complete the projected number of calls within each jurisdiction.

11.4.a.2. The applicant shall explain the type of equipment and software necessary to meet the service standards and handle the types of calls and projected call volumes. Applicants must state how calls from TT users to voice users will be handled differently from calls from voice users to TT users, if there are differences.

11.4.a.3. Applications must outline plans to ensure that no calls are dropped because of a processor failure. Applicants must explain the built-in redundancies needed to maintain required levels of service in the event of preventive maintenance, a power outage, or other causes that would shut down the processor.

11.4.b. Required. The application shall include the location(s) of the Relay Center. Regardless of the location(s) selected, the TRS should be accessible by telephone on a toll-free basis.

11.4.b.1. If a Relay Center is not located in West Virginia, the application shall demonstrate how the provider will respond specifically to the deaf, hard of hearing and speech impaired communities in West Virginia, as if the provider were located in West Virginia. The description shall include the applicant's method for reporting West Virginia specific quality of service information, required in paragraph B of this Section, among the multiple states served by a regional center. The applicant shall include a copy of the contract documents already governing the operation of the TRS at the proposed location.

11.4.b.2. The transmission circuits shall meet or exceed FCC interexchange performance standards for circuit loss, noise, and crosstalk.

11.4.b.3. A back-up power system must be able to provide emergency power in the event of commercial power outage for a minimum of eight continuous hours. The back-up power system must support the switch system and its peripherals, switch room environmentals, air conditioning, fire suppression system, emergency lights and system alarms, operator consoles/terminals, operator work site emergency lights, and Call Detail Record recording.

11.4.b.4. The back-up power system shall be automatically switched to carry the Relay Center's power needs, as listed above, whenever a commercial power outage of more than very short duration occurs. The back-up power system shall be tested at least monthly. At least quarterly, the relay center shall simulate a commercial power outage of sufficient duration to cause automatic switchover to back-up power.

11.4.b.5. The switching system shall include a redundant CPU on "hot stand-by" and an inventory of spare critical components (to be outlined in the application) maintained on site to ensure that required levels of service are met.

11.4.b.6. The TRS shall have an automatic alarm system on-line and in operation at all times that will immediately alert appropriate personnel of any significant problem with, or failure of, any system critical to satisfactory TRS operation. Appropriate personnel shall immediately respond to alarms with appropriate remedial activity.

11.4.b.7. The applicant will also show the capability of expanding services in response to increasing demand. Applicant shall develop and illustrate in its application a detailed plan of how this expansion will be accomplished. The plan shall include, but not be limited to, trunking capacity, operator work stations, personnel staffing and equipment capacity. The plan shall also indicate the time lag required to meet any increase in call volume. The above plans shall be able to maintain all standards required by the Commission. Furthermore, the service delivery procedures shall permit the most cost-effective use of available resources.

11.5. Technology - Mandatory

11.5.a. The applicant shall demonstrate its capability to adapt to improvements in communications equipment technology and to implement state of the art technology for provision of relay service.

11.5.b. The user communities and the PSC should be allowed to benefit from advancing technology. Applicant will describe the methodology and process it will use to keep abreast of technological changes in the provision of relay service, to inform the PSC that new enhancements area available and at what cost.

W. Va. Code R. § 150-21-12 Functional Standards

12.1. Enforcement/Complaint Process.

12.1.a. Mandatory. Service providers shall establish procedures regarding complaints, inquiries and comments regarding TRS services and personnel. The applicant shall provide an outline of the major points included in the complaint, comment and inquiry procedures.

12.1.b. Required.

12.1.b.1. The TRS shall take complaints by mail and telephone during normal business hours. Complainants shall not be required to put complaints in writing.

12.1.b.2. The provider shall ensure that any caller to the relay center having a complaint will be able to reach a supervisor or administrator while still on the line during a relay call during normal business hours.

12.1.b.3. All complaints received by supervisors or in writing shall be documented, including their resolution, and kept on file for a period of 12 months. These records shall be made available to the PSC Staff on request. All complaint forms shall be drafted in plain language, with full instructions for completing and filing the form, and large print copies available for visually impaired.

12.1.b.4. The TRS shall investigate and resolve all complaints promptly. The TRS shall inform the complainant in a timely manner regarding the resolution of a complaint.

12.1.b.5. In the event that the TRS is not able to resolve a complaint to the complainant's satisfaction, the TRS shall report the matter promptly to the PSC's Utilities Division.

12.1.b.6. The TRS shall cooperate fully with PSC Staff regarding complaint investigations, quality of service, compliance, and performance audits.

12.1.b.7. The TRS provider shall provide monthly summary reports to the PSC Staff regarding numbers of complaints received and subject areas of the complaints.

12.2. Public access to information.

12.2.a. Mandatory. The applicant must provide an outline of the initial and ongoing program features it proposes to satisfy this standard.

12.2.a.1. The TRS shall be capable of rerouting calls to other relay centers in a manner that is transparent to TRS users. Traffic rerouting shall occur whenever the Relay Center is unable to provide satisfactory service and shall continue until the Relay Center is able to provide satisfactory service.

12.2.a.2. Recorded announcements as appropriate shall be provided if a system failure occurs within the relay switch or on outbound circuits. Voice and TT messages shall be provided. Intercept messages on inbound circuits may or may not be under the control of the service provider.

12.2.a.3. Disaster Recovery Plan. The provider shall create a complete Disaster Recovery Plan for dealing with all types of natural and man-made problems. A primary requirement of that plan is to notify the PSC Staff immediately if a major problem occurs. The plan should also detail the levels of escalation that will be employed to deal with the problem and restore service.

As an augmentation to the requirements for a disaster recovery plan, applicants should provide details of plans to cope with specific disasters. Details may include alternate switching of calls including network diagrams identifying where traffic will be rerouted if vulnerable circuits become inoperable; the provision of up to fifty percent redundant circuits to geographic areas where users are concentrated; a contingency plan for how disasters will be handled that are not part of the network but that may affect the network (e.g., a fire in the Central Office that serves the TRS); or other areas that the applicant considers important to include in a disaster recovery plan.

Included in this description should be the suggested language, to be approved by the Commission, describing the West Virginia TRS for inclusion in all telephone directories.

12.2.b. Required.

12.2.b.1. Consumer Input: The telephone users shall have input on the quality of the delivery of service. Applicants shall develop a plan to include the users of the system in any evaluation of the TRS. An outline of this plan shall be included in the application. The plan should explain methods for obtaining consumer input and how the recommendations from these evaluations will be incorporated into the policies of the relay center. The evaluations shall not come from those directly or indirectly involved in operating the relay center or its corporate associates. This does not preclude the provider from conducting additional internal evaluations that include relay staff.

12.2.b.2. The provider shall report annually the results of the user evaluations to the PSC Staff.

12.2.c. Enhancement

12.2.c.1. Community Outreach: The TRS provider is responsible for an outreach and education program that meets or exceeds the minimum FCC requirements. The TRS provider must describe the proposed outreach and education program.

W. Va. Code R. § 150-21-13 Rates

13.1. Mandatory.

13.1.a. All calls to access the Relay Service Center shall be at no cost to the person making the call.

13.1.b. If a caller does not register or request a preferred carrier through the Relay Service Center, the calls should be processed through the default long distance provider employed by the Relay Service Center. To allow for the extra time required to process the call, the caller should not be charged more than fifty percent of the standard rates of the default carrier. The TRS provider will ensure that the call digit information sent with the call to the long distance carrier will identify the call as a West Virginia Relay call, allowing the carrier to correctly identify each relay call and apply the required relay discount.

150CSR21

Series 22 Implementation Of The Single State Registration System For Interstate Motor Carriers Operating In WV

W. Va. Code R. § 150-22-1 General

1.1. Scope. -- Public Law No. 102-240, "The Intermodal Surface Transportation Efficiency Act of 1991" (ISTEA), substantially amended 49 U.S.C. 11506, which set forth standards for registration of interstate motor carriers by the Interstate Commerce Commission and the states. The new law requires participating states to replace the current multi-state authority registration system (the so-called "bingo card" program) with a single-state insurance registration system. Mindful of this Commission's obligation to safeguard the public interest, it shall henceforth be the policy of the Public Service Commission of West Virginia to implement a single-state insurance registration system for interstate motor carriers operating within the borders of this state in a manner consistent with the standards and procedures set forth in ISTEA.

1.2. Authority. -- W. Va. Code '24A-6A-14; 49 U.S.C. 11506(c)(1) and Section 4005 of the Intermodal Surface Transportation Efficiency Act of 1991.

1.3. Filing Date. -- July 26, 1994.

1.4. Effective Date. -- September 24, 1994.

W. Va. Code R. § 150-22-2 Definitions

2.1. "Applicant" means a person in whose name the uniform application is filed with a state for the purpose of complying with the standards promulgated under Public Law 102-240, and W. Va. Code '24A-6-14.

2.2. "Audit" means a review of records and source documents supporting fee payments.

2.3. "Cancellation of Registration" means the annulment of a registration by the registrant.

2.4. "Commission" means the Public Service Commission of West Virginia.

2.5. "I.C.C." means the Interstate Commerce Commission.

2.6. "Driveaway Operation" means an operation in which any vehicle or vehicles, operated singly or in lawful combinations, new or used, not owned by the transporting motor carrier, constitute the commodity being transported.

2.7. "Eligible State" means each jurisdiction that as of January 1, 1991, charged or collected a few for a vehicle identification stamp or number in accordance with Part 1023, Title 49, Code of Federal Regulations.

2.8. "Jurisdiction" means a State of the United States, the District of Columbia, a Province or Territory of Canada or the Republic of Mexico.

2.9. "Motor Carrier and Carrier" means a person authorized to engage in the transportation of passengers or property, as a common or contract carrier, in interstate or foreign commerce, under the provisions of 49 U.S.C. 10922, 10923, or 10928, or under provisions of West Virginia Code.

2.10. "Motor Vehicle" means a self-propelled or motor-driven vehicle operated by a motor carrier in interstate or foreign commerce under authority issued by the Commission.

2.11. "Person" means an individual, corporation, partnership, association, trust or other legal entity.

2.12. "Principal Place of Business" means a single location that serves as the motor carrier's headquarters and where it maintains or can make available its operational records.

2.13. "Proof of Insurance" means evidence that the motor carrier is insured to the extent required by federal law which has been filed and approved in the registration state in compliance with these procedures using valid prescribed forms.

2.14. "Registration State" means the jurisdiction where the registrant maintains its principal place of business. If the applicant's principal place of business is located in a jurisdiction that is not a participating state, the applicant shall apply for registration in the State in which the applicant will operate the largest number of motor vehicles during the next registration year. If the motor carrier will operate the largest number of vehicles in more than one state, the applicant or registrant shall choose which participating state will be the carrier's registration state. Once the registration state jurisdiction is determined, this designation shall be effective until the registrant changes its principal place of business.

2.15. "Reinstatement" means to restore the privileges granted to the registrant by the registration state.

2.16. "Registration Period" means a period of time from August 1 through November 30 of the year preceding the registration year.

2.17. "Registration Receipt" means a receipt issued to the motor carrier that indicates that the required proof of insurance has been filed and fees have been paid. A copy of this receipt must be maintained in the cab of each motor vehicle for inspection.

2.18. "Registration Year" means a period of time from January 1 through December 31.

2.19. "Registrant" means a person who holds a valid registration issued by a registration state.

2.20. "Revocation" means withdrawal of registration and privileges by a registration state.

2.21. "State" means a state of the United States or the District of Columbia.

2.22. "Suspension" means temporary removal of privileges granted to the registrant by a registration state.

W. Va. Code R. § 150-22-3 Implementation

3.1. Affected carriers.

All motor carriers authorized by the ICC to engage in the transportation of passengers or property as common or contract carriers, whose principal place of business is in West Virginia, shall register with the Commission for all states of travel.

3.2. Affected vehicles.

All vehicles operated under an ICC authorized motor carrier's interstate operations (whether owned or leased) shall be registered in the motor carrier's name in accordance with these procedures.

3.3. Temporary and emergency temporary authority.

Motor carriers receiving emergency temporary authority (ETA) or temporary authority (TA) from the ICC for a duration of 120 days or less are required to comply with all the requirements of these procedures except the filing of evidence of authority granted by the ICC. After 120 days, the motor carrier must be in compliance with all of the procedures established herein or subject the registration to revocation as set forth in section 9.00 et seq.

3.4. Registration before operation.

The motor carrier must register with the Commission before it commences operating. The forms attached to these procedures must be completed by the registrant in the manner described herein.

3.5. Registration year.

The registration year will be a calendar year.

3.6. Fee proration.

Fees collected under this system will not be prorated for partial year operations.

3.7. Authority changes.

Any changes to the authority granted by the ICC after the initial registration in the registration state will be filed with the Commission. The Commission may waive the filing of any authority granted by the ICC if that grant of authority certificate or permit is longer than 20 pages in length. When the waiver is granted in writing, the motor carrier shall provide a copy of the portion of the ICC order which shows the service date and order section and shall prepare and file a synopsis of the authority granted within the body of the order.

3.8. Cancellations of registration.

A registrant may request in writing that its registration be cancelled. The Commission will immediately cancel such registration and give written notice of cancellation to the registrant. The notice of cancellation will show the effective date of cancellation and shall be mailed to the registrant requesting such cancellation. The Commission shall transmit information concerning the motor carrier's full name, business address, MC number and DOT number for each carrier requesting cancellation of registration to all affected jurisdictions participating in the program when the next monthly fee accounting transmittal is required to be submitted to each registration state. No fees shall be refunded.

3.9. Registration state changes.

A motor carrier may not change its registration state unless it changes its principal place of business or its registration state ceases or commences participation in the program.

3.10. Principal place of business.

For the purpose of this program, the carrier's principal place of business for registration selection will be the business address the motor carrier indicated on the order issued by the ICC or as otherwise noticed to the ICC pursuant to an address change.

3.11. Principal place of business change.

When a registrant changes its principal place of business to another state participating in this program before the annual registration period of August 1 to November 30, the registrant may move its registration to the new registration state at the next registration period or retain registration in the current registration state for no more than one additional year.

3.12. Notification of changes.

When a registrant changes its principal place of business to another participating state, the registrant shall notify the new registration state and the current registration state within 30 days after it has made its selection.

3.13. Refiling requirements.

When a registrant changes its principal place of business and selects a new registration state, the motor carrier shall refile in the new registration state the application, a copy of its interstate operating authority and a copy of the designation of agent(s) for service of process. Proof of insurance must be filed in the new registration state showing the change of business address of the registrant.

3.14. Non-participating states.

When the registrant changes its principal place of business to a state that is not eligible to participate in this program, the registrant shall retain the current registration state designation for registration purposes and file notice of business address change along with a new insurance filing in its registration state.

3.15. Fee credits upon changes.

If a registrant changes its principal place of business during a registration period and that principal place of business change affects its reciprocity status to now afford it reciprocity from payment of fees, the registrant shall not be allowed any credit or refund of prior fees paid for that registration period. The new principal place of business shall be used by the current registration state for determination of proper payment of future fees or waiving of those fees for any additional states of travel or additional equipment added.

3.16. Notice to insurer.

The motor carrier must give notice of its change in registration state to its insurer as soon as practicable.

W. Va. Code R. § 150-22-4 Registration Process

4.1. Registration period.

The applicant shall file annually between the 1st day of August and the 30th day of November of the year preceding the registration year an application with the Commission for registration of all ICC regulated operations. The required application form to be used is attached hereto.

4.2. Complete application required.

The application form must be completed in its entirety and signed by an authorized member of the company or its agent, otherwise the registration shall be considered incomplete.

4.3. Name requirements.

The application must contain the full name of the motor carrier. This includes all owner name(s) and any d/b/a (doing business as). This name will be verified with the name shown on the ICC certificate or permit submitted with the application. If the name on the application differs from the most recent ICC certificate or permit, the registration will be considered incomplete until the applicant provides a copy of the reentitlement from the ICC showing the change of name or amends the application form by providing written notice to the registration state.

4.4. Address requirements.

4.4.1. The business city and business state address on the application will be verified with the ICC certificate or permit submitted with the application. If the business city and state are not the same, the registration will be considered incomplete until the applicant provides a copy of the request to the ICC for change of address or amends the application form by providing written notice to the Commission.

4.4.2. The business street must be a physical address. The use of a post office box is not acceptable. If the motor carrier lives in a rural area and does not have a physical street address, a rural route with a box number will be accepted.

4.4.3. A mailing address may be given for mailing purposes only. A mailing address shall not be used to determine reciprocity.

4.5. Type of registration.

The registrant will indicate the type of registration being filed. A motor carrier receiving ICC authority for the first time will be a "New Carrier Registration". If the motor carrier has previously registered in any of the eligible states for transporting commodities authorized by the ICC using the old registration system (Public Law 89-170) or using the new Single State Registration System, the application form would indicate an "Annual Registration".

4.6. Prior registration state identification.

If the motor carrier has changed its registration state since its last application filing, the motor carrier must identify the prior registration state.

4.7. Name contradictions.

The registrant shall indicate the type of motor carrier, whether a sole proprietor, partnership or corporation. This information should not contradict the name of the motor carrier as indicated on the top of the registration form. For example, if the applicant's name is a sole owner and the motor carrier indicates a partnership or corporation operation, the registration will be considered incomplete and the Commission will contact the applicant (and possibly the ICC) for clarification. If the motor carrier has changed its name or transferred its operating rights without notification to the ICC, the application will be considered incomplete until a transfer order or reentitlement is issued by the ICC and filed with the Commission. If the ICC certificate or permit is correct and the application form is incorrect, the motor carrier will notify the Commission in writing to amend its application form or correct a returned application.

4.8. Type of authority.

The applicant must indicate the type of authority issued by the ICC. This information will be verified from the ICC certificate or permit issued to the motor carrier except for registration of emergency temporary authority or temporary authority (see section 4.11.).

4.9. Copies of authority.

The applicant shall file with the application for a new carrier registration or for the first year of this program in the registration state only, a full copy of its interstate certificate(s) of authority or permit(s) issued by the ICC. If the ICC authority is not submitted with the application, the registration will be considered incomplete. The Commission may waive the filing of copies of any authority granted by the ICC if that grant of authority is longer than 20 pages in length. When the waiver is granted in writing by the Commission, the motor carrier shall provide a copy of the portion of the ICC order which shows the service date and order section and shall prepare and file a synopsis of the authority granted within the body of the order. The Commission is not required to review the ICC certificates or permits for states of travel for which fees are being paid under these procedures.

4.10. Supplemental filings.

If new operating authority is granted to the registrant during the registration period, the registrant changes its name and/or address, or receives any order or reentitlement by the ICC during the registration year, a copy must be filed with the Commission as soon as they are issued. The registrant shall not wait until the next annual registration period to file copies of additional grants with the Commission.

4.11. Temporary or emergency temporary authority.

The requirement for filing a copy of the applicant's interstate certificate or permit is waived if the registrant holds emergency temporary authority (ETA) or temporary authority (TA) from the ICC for 120 days or less. A carrier holding ETA or TA authority from the ICC shall comply with all other requirements in these procedures before it commences operation in any state.

4.12. Additional information.

If the applicant has not filed additional information during the registration period as required above, the applicant will attach to its annual registration application copies of additional authority grants, reentitlements, transfer orders, letters of change of name or address mailed to the ICC by the motor carrier or grants of self insurance orders issued by the ICC and not previously filed with the Commission. The Commission may waive the filing of copies of any authority granted by the ICC if that grant of authority is longer than two (2) pages in length. When the waiver is granted in writing, the motor carrier shall provide a copy of the portion of the ICC order which shows the service date and order section and shall prepare and file a synopsis of the authority granted within the body of the order.

4.13. Proof of insurance.

The applicant shall indicate on the application that proof of insurance is being filed or has been filed and remains effective. If proof of insurance is not on file when the application is received by the Commission, the registration will be deemed to be incomplete.

4.14. Self-insurers.

The applicant shall indicate on the registration form the status of self-insurance approval by the ICC. The applicant will file a copy of the order of the ICC approving a public liability self-insurance or other public liability security or agreement under the provisions of Part 1043. If the applicant indicates that the ICC has approved self insurance coverage and a copy of the ICC order has not been included with the application, the registration will be deemed to be incomplete.

4.15. Hazardous materials.

The applicant shall indicate if it will be transporting hazardous commodities in interstate commerce. If this section is not completed, the registration will be deemed to be incomplete until the applicant verifies whether hazardous materials will be transported. This section of the application will be verified with the insurance form on file with the Commission. If the motor carrier desires to transport hazardous materials and the proper levels of insurance are not on file, the registration will be deemed to be incomplete until the motor carrier indicates in writing that hazardous materials will not be transported or until a new insurance filing has been received by the Commission for the proper level of coverage.

4.16. Designation of agent.

A copy of the designation of agent(s) for service of process shall be submitted with the initial registration form to the Commission using the ICC Form BOC-3. The motor carrier shall supplement any changes of designation of local process agent with the Commission to ensure that current information is on file. If the BOC-3 form is not attached to the "New Carrier Registration", the registration will be deemed to be incomplete until this form is received by the Commission. If the motor carrier fails to keep the designation of local process agent information current with the Commission, the registration shall be subject to suspension (refer to the section on compliance if needed).

4.17. Signature required.

The registration application will be deemed to be incomplete if the registration form has not been signed with an original signature.

4.18. Incomplete applications.

When an application is deemed to be incomplete, the Commission may hold the application and all attachments until the application is complete or the Commission may return the application and attachments.

4.19. Additional registration of equipment or states of travel.

If equipment or states of travel is to be added after the annual registration process, the motor carrier will be required only to complete a Supplemental Form RS-2 and attach the proper fees. The motor carrier may update any information on file with the registration state by attaching the information to the RS-2 Form. If no updates are attached, the motor carrier's signature on the RS-2 form will certify that all information filed with the registration state is current.

W. Va. Code R. § 150-22-5 Designation of Process Agent

5.1. Form.

Designation of process agent shall be filed by the motor carrier with the Commission for each state of travel. Designations shall be made using the BOC-3 form as required by the ICC under 49 CFR Part 1044. The motor carrier shall supplement this filing as necessary to ensure that current information is on file with the Commission. Failure to maintain current information shall subject the registration to suspension as detailed in section 9.00 et seq.

5.2. Blanket designations.

An association or corporation may file a list of process agents for each State by making a blanket designation on the BOC- 3 form in compliance with 49 CFR 1044.5.

5.3. Designation cancellation or change.

A designation may be cancelled or changed only by a new designation except when a motor carrier ceases to operate its authority and a designation is no longer required and may be cancelled without making another designation.

W. Va. Code R. § 150-22-6 Proof of Insurance

6.1. Filing requirement.

The applicant shall file with the Commission proof of public liability insurance in accordance with the forms and procedures specified herein. No other insurance notices or filings shall be required of a motor carrier holding authority granted by the ICC with respect to this program.

6.2. Proof or surety bonds.

Proof of public liability or surety bond must be filed for an insurance company that is authorized to do business in any state and is eligible as an excess or surplus lines insurer in any state in which business is written. The Commission may obtain sufficient information from the ICC to verify eligible insurance companies.

6.3. Forms.

Filings required by carrier's insurance company as necessary:

Carriers should request only the filing that applies to them -- i.e., the form currently on file with the ICC.

Form BMC 91 - Uniform Motor Carrier Bodily Injury and Property Damage Certificate of Insurance.

Form BMC 91X - Motor Carrier Automobile Bodily Injury Liability and Property Damage Liability.

Form BMC 91MX - Motor Carrier Surety Bond.

Form MCS 82 - Motor Carrier Public Liability Surety Bond.

Form BMC or MCS 90 - Endorsement for Motor Carrier Policies in Insurance for Public Liability (to be attached to the policy maintained at the motor carrier's place of business).

Cancellation forms to be filed by insurance company as necessary:

Form BMC 35 - Notice of Cancellation Motor Carrier Policies of Insurance (30 Days Cancellation Notice Required).

Form BMC 36 - Notice of Cancellation Motor Carrier Surety Bonds (30 Days Cancellation Notice Required).

6.4. Levels of coverage.

The level of insurance coverage required is the same as required by 49 C.F.R. 1043.2. These limits are as follows:

6.4.1. Freight vehicles of GVWR of 10,000 pounds or more:

Property (nonhazardous) $ 750,000 Property (hazardous): $5,000,000 Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks or hopper-type vehicles with capacities in excess of 3500 water gallons, or in bulk Class A or B explosives, poison gas (Poison A), liquified compressed gas or compressed gas, or highway route controlled quantity radioactive materials as defined in 49 CFR 173.455.

Property (hazardous): $1,000,000 Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 171.101, but not mentioned in 1(b) or 2(b).

6.4.2. Freight vehicles of GVWR less than 10,000 pounds:

Property (not specified in 6.4.a.: $ 300,000 Property (hazardous): $5,000,000 Any quantity of Class A or B explosives; any quantity of poison gas (Poison A); or highway route controlled quantity radioactive materials as defined in 49 CFR 173.455.

6.4.3. Passenger carriers:

Seating capacity of 16 or more. $5,000,000 Seating capacity of 15 or less. $1,500,000

6.5. Additional filing requirements.

6.5.1. The insurance company may file proof of insurance with the Commission or the motor carrier may file a copy of the insurance form accepted and approved by the ICC. The Commission will not accept a "copy" of the insurance form when it is filed by the motor carrier and is not a copy which has been approved by the ICC. The first year filing of proof of insurance under this program where the motor carrier is renewing its registration, the insurance company will print a new copy of the ICC form or mail a "copy" of the form that was accepted and approved by the ICC. Since the ICC does not require changes in the policy number to trigger a new form filing, the policy numbers on the forms printed for the states may not be identical to the current form on file with the ICC. All other information on that form must be in compliance with the requirements set forth herein.

6.5.2. When the insurance company prepares the proper insurance form to be filed with the ICC for a new carrier, the third copy will be separated from the three part ICC form and the third copy will be mailed to the motor carrier's registration state. The insurance company may annotate this three part form to indicate the proper registration state.

6.5.3. The Commission shall require all motor carriers to show a minimum level of coverage of $750,000 unless the motor carrier indicates in writing that all equipment operated has a gross vehicle weight rating of 10,000 pounds or less.

6.5.4. If an insurance company files duplicate copies of proof of insurance with the Commission, the Commission may stamp the second copy received and return the second copy to the insurance company. If duplicate copies are not received, the Commission is not required to acknowledge receipt of proof of insurance.

6.5.5. When proof of insurance is provided by more than one insurer, a BMC 91X (Certificate of Insurance) or BMC 91MX (Surety Bond) is required of each insurer.

6.5.6. The information pertaining to the identification of the registrant on the proof of insurance filed with the Commission shall be verified by the Commission. The registrant's full name including all owner names and any fictitious name or d/b/a and business address must be identical to the applicant name and business address on the uniform application form and the most recent order of the ICC. Proof of insurance shall be issued in the full and correct name of the individual, partnership, corporation or other person to whom the certificate or permit is issued. If these items are not in agreement, a "New Carrier Registration" will be deemed to be incomplete and may be held or returned until the motor carrier amends the registration form in writing, the Commission receives a copy of a reentitlement, transfer order issued by the ICC, notification of name and/or address change by the motor carrier to the ICC (copy of letter sent to the ICC), or new proof of insurance is filed with the Commission.

6.5.7. If the registrants full name (including d/b/a) and/or business address on the proof of insurance filed with the Commission for a replacement filing does not agree with the registration form, the motor carrier will be notified in writing that the insurance form differs from the registration information and the proof of insurance will not be accepted. The motor carrier will be asked to correct the name and/or business address on the uniform registration application in writing to the Commission or correct the proof of insurance filed. If insurance lapses because a proof of insurance has not been filed with the Commission with the correct name and/or business address, the motor carrier's registration will be suspended until proper proof of insurance is filed.

6.5.8. When a BMC 91 or 91X is received by the Commission and the name and business address are correct, the effective date as indicated on the form stating the date insurance is in effect is the effective date to be used by the Commission.

6.5.9. The Commission shall receive notification of cancellation caused to be filed by the motor carrier of the registrant's bodily injury and property damage liability insurance (receipt of Form BMC 35 or 36) when similar notice is provided to the ICC. The effective date of the cancellation notice shall be computed as 30 days from the date notice is filed with the ICC. The Commission will verify this effective date with the information received from the ICC (this information should be available via the states bulletin board or other computer access designed for dissemination of information for this program) as to any change in the effective date of cancellation.

6.5.10. Certificates of insurance or surety bonds shall be replaced and terminated by more recent certificates of insurance or surety bonds. The liability of the retiring insurer shall be terminated as of the effective date of the replacement certificate of insurance or surety bond provided the replacement is filed in accordance with these procedures.

6.5.11. A new BMC 91 will terminate and replace any prior BMC 91. When a new BMC 91X is filed, this filing will only terminate and replace another filing when the limits indicated on the new filing is equal to or greater than the limits on the old filing. A filing received for primary coverage can only terminate and replace another filing for primary coverage. Excess coverage can only terminate and replace excess coverage.

6.5.12. If a cancellation notice is received prior to a new filing, this cancellation notice shall terminate the liability with 30 day notice to the ICC. A new filing received after receipt of a cancellation notice does not relieve the 30 day liability of the cancellation notice.

6.5.13. An interstate motor carrier that has received approval to be self-insured with the ICC shall file with the Commission a copy of the ICC order approving the self- insurance plan. A copy of the ICC order does not indicate that the motor carrier has fully complied with all requirements within the order. The Commission may verify the self- insurance status with the ICC to ensure that the carrier has complied with the provisions within the order and is considered by the ICC to be self insured. The registrant shall thereafter immediately notify the Commission if the self-insurance plan is suspended, revoked or modified in any way by order of the ICC. Failure to comply shall result in the suspension of the registration.

6.5.14. If the motor carrier is transporting hazardous materials, the amount of coverage indicated on the proof of insurance filed with the Commission must be the same as the amount of coverage stated on the uniform application form. If the amount stated on the insurance forms does not agree with the level of coverage indicated on the application form, the "New Carrier Registration" shall be deemed incomplete.

6.5.15. If proof of insurance is received during the registration period and indicates a level of coverage greater than the amount previously indicated on the uniform application form and the old insurance filing, the new insurance filing will cancel and replace the old filing. The Commission will verify with the motor carrier if its application should be amended.

6.5.16. The Commission shall not require the authorized signature of the company representative on the proof of insurance to be verified. If an insurance company notifies the Commission that information is being falsified, the Commission will verify all filings with the Commission issued under that named insurer and verify those filings involved. If the Commission finds that falsified filings have been made, it will notify the registrant(s) immediately and request that the registrants file new proof of insurance. If new insurance is not received, the Commission will initiate a suspension for non- compliance of filing proof of insurance.

6.5.17. A facsimile (fax) of the forms required in these procedures may be accepted by the Commission.

6.5.18. At no time will a "Certificate of Insurance" from an insurance agent be accepted by the Commission in lieu of the forms required in these procedures.

6.5.19. All previous Form E filings or other proof of insurance filed in any eligible state shall be cancelled as of January 1, 1994, as they pertain to registration of interstate authority granted by the ICC.

6.5.20. Procedures for suspension, reinstatement, revocation and notification to other participating states are found in section 9.00 et seq.

6.5.21. Proof of cargo insurance shall not be required.

6.5.22. The Form BMC 90 or MCS 90 is an endorsement. This endorsement form is an amendment to the motor carrier's insurance policy and shall be attached to that insurance policy and shall form a part of it. When insurance is provided by more than one insurer to aggregate coverage, a separate endorsement is required of each insurer. A true copy of the policy with the endorsements attached shall be maintained at the motor carrier's principal place of business. The endorsement cannot be cancelled without cancellation of the policy or policies and cancellation of the proof of insurance filed with the Commission. The endorsement shall not be filed with the Commission.

W. Va. Code R. § 150-22-7 Registration Receipts

7.1. Receipt procedures.

Procedures for issuing and maintaining registration receipts shall be as follows:

7.1.1. The Commission shall collect the fee (not to exceed $10.00 per motor vehicle) that each participating State collected or charged per motor vehicle as of November 15, 1991. These fees shall be for filing and maintaining proof of insurance. No other fee shall be collected or assessed either directly or indirectly. If a participating state charged more than $10.00 as of that date, the Commission will charge the motor carrier $10.00 for that state of travel.

7.1.2. The applicant shall use the prescribed form attached to these procedures to indicate the amount of fees due for each vehicle and each state of travel.

7.1.3. The form and content of the registration receipt shall be as specified herein. This form may include only those items that identify the carrier and the states of travel for which fees have been paid as specified in these procedures. No registration state may add any additional items to this form except to add the registration state name and address that issued the receipt. This printed form shall be as uniform as possible to eliminate enforcement problems.

7.1.4. No earlier than the first day of August and through the thirtieth day of November of each year, the registrant shall file an application for registration, pay fees and request the registration receipt for the next registration period from the Commission. The registration receipt shall not be valid until January 1 of the following year as indicated on the face of the receipt and when carried in the registrant's motor vehicle. Payment of fees must be made with guaranteed funds, e.g., certified check, cashier's check, or money order.

7.1.5. When an applicant files a proper application with the Commission on or before the 30th of November for the next annual registration period, the Commission shall issue a registration receipt within thirty (30) days. Any registration that contains any misrepresentation, misstatement, or omission of required information shall be deemed to be incomplete until all items have been clarified and/or corrected in accordance with these procedures. The Commission is not obligated to process an incomplete application within any time frame.

7.1.6. The Commission shall issue an original registration receipt to the registrant upon receipt of a properly completed registration application and payment of fees. This original receipt must be retained by the motor carrier at its principal place of business for a period of three years. The motor carrier shall make the necessary copies for the number of vehicles for which fees have been paid.

7.1.7. If an error is made by the motor carrier in completing the order form and the amount of the check does not agree with the calculated fee amount, the Commission will handle the improper check amount dependent upon the Commission's accounting procedures.

7.1.8. The registration receipt shall not be altered by the motor carrier in any way. Reduction of the size of the receipt after the receipt has been issued by the registration state will be considered alteration. Altering of the receipt shall subject the motor carrier's registration to revocation as indicated in section 9.00 et seq. Any enforcement officer is authorized to confiscate the altered copy on sight. The confiscated receipt will then be returned to the Commission after any court action is completed by the state in which it was confiscated.

7.1.9. The registration receipt shall qualify the registrant to operate under its ICC certificate or permit in all jurisdictions indicated on the registration receipt without any further registration requirements or identification requirements in any state other than the registration state.

7.1.10. The motor carrier shall submit the appropriate amount of fees for each motor vehicle based on the number of motor vehicles by states of travel. Motor vehicles shall be authorized to travel only in those participating states in which the motor carrier has paid the appropriate fees.

7.1.11. Upon receipt of a renewal registration application, the Commission shall verify that valid proof of insurance is on file and that the appropriate fees have been paid before the registration receipt is issued.

7.1.12. A registrant in good standing (good standing means that active proper insurance, designation of agent for service of process, and copies of ICC authority are on file with the Commission and the motor carrier has not changed its name and/or address) may add equipment and/or states of travel by payment of fees and the filing of a supplemental application form (RS-2) to the Commission.

When a supplemental registration form is received for additional states of travel or for equipment added, a supplemental registration receipt will be issued showing only those additional states or equipment as requested. Copies of all supplemental registration receipts must be carried in the cab of the motor vehicle with any other copies as needed.

7.1.13. A fully acceptable supplemental registration application shall be processed and the registration receipt issued by the 30th day following the date of filing the application.

7.1.14. A motor carrier may transfer its registration receipts or copies of the receipt from vehicles taken out-of- service to their replacement vehicles. The motor carrier may not operate more motor vehicles in a participating state than the number with respect to which fees have been paid.

7.1.15. A motor carrier conducting a driveaway operation will be required to carry a copy of the registration receipt in the cab of vehicle in the same manner and meeting all requirements within these procedures as other ICC regulated motor carriers. The registration receipt may be transferred from vehicle to vehicle in the same manner as the transfer of the registration receipt for a vehicle placed out-of-service as indicated in item (14) above.

7.1.16. The Commission shall not replace lost or stolen receipts except when the carrier fails to receive the registration receipt(s) mailed by the Commission for delivery of those receipts. An application for replacement without charge must be accompanied by an affidavit detailing the facts supporting it. Within ten (10) days following the receipt of such an application, the Commission must issue replacements.

7.1.17. If a motor carrier needs to add states of travel to its operating fleet in one or more of the participating states, the motor carrier may request transmission of a copy of a registration receipt before the receipt is mailed to the registrant. Upon payment of the appropriate fees, a copy of the receipt shall be sent via facsimile. The Commission shall mail the original receipt to the motor carrier.

7.1.18. All registration receipts shall expire on the 31st day of December of the registration year for which they were issued.

7.1.19. The driver of a motor vehicle must present a copy of a receipt for inspection by any authorized government personnel on demand.

7.1.20. The Commission shall not require decals, stamps, cab cards, or any other means of registering or identifying specific vehicles operated by a motor carrier under this program. However, nothing in this program will preclude the state from requiring indicia for other authority required to be registered in the state.

W. Va. Code R. § 150-22-8 Change of Name, Address and/or Ownership of Registrant

8.1. Procedures for registration changes.

Registration changes shall be governed by the following procedures:

8.1.1. If the registrant changes its name (not change of ownership for example a d/b/a is added, a d/b/a is changed or a sole proprietor or partners incorporates and are the stockholders of the new corporation) after the registration receipt has been issued, the registrant shall submit to the Commission a copy of the reentitlement issued by the ICC. The Commission shall require proof of insurance to be resubmitted in the new name before a replacement registration receipt shall be issued by the Commission. The Commission shall inform carriers that old copies of the registration receipt carried in the cab of the motor vehicles must be replaced with the new copies and the old copies shall be destroyed by the motor carrier.

8.1.2. If the registrant changes its business address, the Commission will require filing of a copy of the notice (letter from the motor carrier to the ICC) submitted to the ICC for a similar change of address. If the business address change involves a street, route, box number or city only, the registrant shall notify the Commission in writing of that change. When the business address of the registrant has been changed, new proof of insurance must be filed with the Commission accordingly.

8.1.3. If the address change causes a new registration state to be selected, see section 3.00 of these procedures.

8.1.4. A registrant that changes its principal place of business from a state without reciprocity agreements for waiving of vehicle fees to a state with reciprocity agreements during the registration period will not be allowed any credit or refund of fees paid to its registration state.

8.1.5. When the interstate authority is transferred to new owners, the current registrant (old owners) must notify the Commission to cancel its registration. New owners shall be required to register with the Commission like all new registrants. The registration receipts of the old owners will not be reissued in the name of the new owners.

8.1.6. When the registrant changes its name, address or ownership, the Commissions shall forward this information to all affected participating states when the Commission forwards the next monthly transmittal.

W. Va. Code R. § 150-22-9 Compliance

9.1. Suspension of registration.

Failure by the registrant to comply with these standards may result in suspension or revocation of the registration by the Commission, or other appropriate administrative or criminal penalty as provided in Chapters 24 and 24A of the West Virginia Code.

On the effective date of cancellation of the proof of insurance or other items in non- compliance, the Commission shall notify the registrant in writing that its registration to operate in all states of travel pursuant to these standards is suspended. The suspension notice shall be mailed to the registrant and show the effective date of such suspension. The suspension notice maybe a letter, suspension order, show cause order or any other method of proper notice as determined by the Commission. Notice of non-compliance with the filing of proof of insurance with the ICC may be obtained by the Commission by viewing the state bulletin board or other computer access established with reference to these procedures.

9.2. Reinstatement of registration.

When sufficient proof of insurance or other items of non- compliance is filed and in effect after a suspension of the registration, the Commission shall immediately reinstate the motor carrier's registration and notify the registrant that its registration pursuant to these standards is restored. The reinstatement notice shall be mailed to the registrant and show the effective date of such reinstatement. The reinstatement notice may be a letter, reinstatement order or any other method of proper notice as determined by the Commission. Notice of compliance with the filing of proof of insurance with the ICC may be obtained by the Commission by viewing the state bulletin board or other computer access established with reference to these procedures.

9.3. Revocation of registration.

The Commission shall revoke registration to operate in any state if the registrant has failed to comply with the insurance filing requirements one-hundred and thirty five (135) days from the effective date of a cancellation of insurance. Notice of revocation of registration shall be mailed to the registrant and show the effective date of such revocation.

9.4. Revocation notice to other states.

The Commission shall transmit information regarding revocation of the registration once a month with the monthly transmittal to any other affected jurisdictions participating in this program. The notice to other participating states shall include the full name and business address of the registrant, the registrant's MC Number, DOT number and the date of revocation.

9.5. Unlawful use of receipts.

The Commission shall revoke the registration of the motor carrier for unlawful use of the registration receipt.

9.6. Unlawful use defined.

Unlawful use shall include, but not be limited to, failure to pay sufficient fees for the number of motor vehicles operating under the registration receipt, allowing another motor carrier to use or purchase a registration receipt issued to the registrant, alteration of the receipt or failure to maintain a current listing of designation of process agent.

9.7. Temporary authority expiration.

The Commission shall revoke the registration of a motor carrier whose registration of an ETA or TA has expired without permanent authority being granted by the ICC or the motor carrier has failed to file a copy of the permanent grant of authority with the Commission before the expiration date.

9.8. Reinstatement procedure.

If the registrant believes that the Commission has revoked its registration without good cause, the registrant may petition the Commission for reinstatement. Such petition for reinstatement shall be acted upon in accordance with the administrative rules and procedures of the Commission.

9.9. Reapplication.

After a registration has been revoked or cancelled, a motor carrier wishing to operate pursuant to these standards must again apply for registration with the Commission. If the Commission has copies of its operating authority and the motor carrier indicates that no additional grants have been given by the ICC, the new filing of copies of its authority shall be waived. The motor carrier shall submit new proof of insurance. If the motor carrier has paid its annual per vehicle fee for the current calendar year, the Commission shall not require new fees to be paid.

9.10. Forwarding information.

If the motor carrier has paid its annual per vehicle fee for the current calendar year, the Commission shall forward the registration information to all affected participating states when the Commission forwards the next monthly transmittal.

9.11. Unlawful operation/penalties.

No person may operate, or cause to be operated, a motor vehicle in the transportation of passengers or property over the highways of this state, pursuant to authority issued by the ICC, without having first complied with the requirements of this program. Such unauthorized operations may subject such person or persons to criminal and administrative penalties set forth in Chapters 24 and 24A of the West Virginia Code, in addition to those penalties set forth in section 9.00 et seq.

W. Va. Code R. § 150-22-10 Registration State Accounting

10.1. Records retention.

The Commission shall maintain all documents required under these standards for a minimum of three years.

10.2. Records of funds.

The Commission shall maintain records of funds received from and remitted to other member jurisdictions. Such records shall identify registrants and remittances from each registrant. (See Appendix 150-22E.)

10.3. Availability of records.

These records, which may be kept on microfilm, microfiche or other similar type of documentation, shall be made available to any participating state upon request.

10.4. Transmittal of funds.

The Commission shall forward to other participating states the amount of funds for the number of vehicles indicated on receipts issued by that state. The Commission will forward the full fee amounts. It will be the responsibility of each registration state to collect the proper fee amounts if a registration state accepts a check that fails to clear the bank. No amounts will be carried forward to other states for bad checks. These funds shall be transmitted only once each month. All funds received by the last day of the month shall be forwarded by the last day of the following month. Reports of no activity are required when no funds are collected.

10.5. Transmittal statements.

10.5.1. The accounting transmittal shall include a remittance statement for that jurisdiction and identify the following: -the registration state submitting the transmittal; -the period the transmittal is for; -the number of motor vehicles for which fees have been paid; and -the total amount of fees received for each participating state.

10.5.2. This information is to be forwarded to other participating states in the manner specified using the form attached to these procedures.

10.5.3. The supplemental information attached to the transmittal form shall be forwarded to each state for which fees were collected by the registration state. During the months of August through December, each registration state will prepare two reports (whether paper reports or exchange of computer data). One report will indicate only those receipts issued and monies collected for the current registration period. The second report will indicate only those receipts issued and monies collected for the next registration period. If a registration state had no activity during a month from August through December for one of the registration periods, the registration state must prepare a report or send a separate accounting transmittal indicating "No Activity" and reference the registration period. The supplemental information to be sent to the registration state with the transmittal will include the following information: -Full name of registrant including all owners and fictitious name (d/b/a); -Full business and mailing address of registrant; -Number of vehicles for which fees have been paid; -Fees collected from each participant; -Date registration receipt issued; and -ICC MC number, US DOT number and FEIN number.

10.5.4. When an error in overpayment or underpayment for a reporting period has been detected by a registration state, the registration state that has made the error must notify the affected states in writing within two (2) weeks of the discovery of the error. The documentation to the affected state must contain the date of original payment, amount of over/under- payment and the motor carrier involved. The registration state in error may simply produce a copy of the original data report highlighting the transaction in error and indicate to the affected states the proper charges. The affected states and the state in error will determine how the over/under payment will be handled in accordance with each state's statutory requirements.

10.6. Delinquent reports.

When the Commission has not received the monthly report within 45 days after the close of the reporting month, the Commission shall contact the delinquent jurisdiction and request compliance with the standards set forth. If the delinquent jurisdiction has failed to transmit a monthly report and funds by the next reporting period, the Commission shall file its monthly report, but withhold transmission of funds, to the delinquent jurisdiction until the delinquent jurisdiction complies fully with the established accounting procedures.

10.7. Methods of payment.

Monies may be transmitted between participating states electronically, by check or any other method of payment accepted by another participating state.

10.8. Content of monthly report.

The monthly report will consist of the transmittal and supplemental information and mailed according to the requirements in the accounting procedures. If no activity occurred for a participating state during the reporting period, the transmittal shall be sent indicating "no activity".

W. Va. Code R. § 150-22-11 Auditing

11.1. Carrier audits.

The Commission may audit any motor carrier to ensure correct payment of fees or to detect alteration of the registration receipt. If within reasonable time, the registrant fails to respond and pay the required per motor vehicle fees after notice of audit findings and/or written notice of amount due, the Commission shall revoke a motor carrier's registration.

11.2. Carrier record retention.

The motor carrier shall maintain records and source documents supporting fee payments and the original receipt issued by the registration state for a period of three years.

11.3. Audit locations.

Audits may be conducted at the principal place of business of the carrier. The Commission may also require the carrier to submit documentation for audit to the state agency. Participating states will cooperate as much as possible as to the determination of the proper amount of fees to be collected from the registrants for states of travel.

W. Va. Code R. § 150-22-12 Reciprocity

12.1. Effective date of agreements.

Reciprocity agreement(s) in effect as of November 15, 1991 must be considered when determining fees to be charged under this program.

12.2. Designation of registration state.

A motor carrier whose principal place of business is located in a state not eligible to participate in this program shall not use its designation of a registration state for this program to afford itself any benefits of reciprocity agreements of that registration state.

W. Va. Code R. § 150-22-13 Acquisition of ICC Authority After Holding Exempt Authority

13.1. Procedures.

If a motor carrier transporting interstate commodities exempt from registration with the ICC received authority from the ICC to transport regulated commodities in interstate commerce, the motor carrier must select its registration state and complete the registration process as required under these procedures and as follows:

13.1.1. If ICC authority is received and the motor carrier intends to operate prior to January 1, 1994, the motor carrier will be required to comply (including payment of renewal fees) in the exact manner as all other ICC authorized carriers for the registration period beginning January 1, 1994, in accordance with these procedures.

13.1.2. If ICC authority is received after January 1, 1994, the fees for this program will be waived if those fees were previously paid to the states in the calendar year 1994 for each vehicle. The motor carrier shall include a statement with the registration form that the number of vehicles and the amount of fees paid as indicated on the fee listing attached to the registration form were the amounts paid to the states under the bingo stamp program. A registration receipt will be issued for those vehicles and those states of travel.

13.1.3. If the motor carrier desires to add additional states of travel or additional equipment, a supplemental registration form shall be completed. A supplemental registration receipt will be issued in accordance with the requirements set forth in section 4.10.

13.2. Monthly reporting.

The Commission will at the monthly reporting period, indicate to other states the no-fee issuance of the receipt. If it has been determined that the motor carrier indicated on its fee schedule a number of vehicles and fees paid at a level greater than fees previously paid to the state, the state will notify the registration state of the deficiency and the need for the registration state to collect additional fees.

W. Va. Code R. § 150-22-14 Forms

14.1. Application form (Appendix 150-22A).

This form must be used for all initial and supplemental filings. This form may not be modified by the Commission or any other participating state except to include its state agency name, address and telephone number. No additional information may be required under these procedures.

14.2. Listing of fees (Appendix 150-22B).

This sheet shall be included with the application form when it is mailed to the motor carrier. This form may not be modified by the Commission or any other participating state except to include a state agency name, address and telephone number and to include the amount of fees to be collected for each state of travel. (The supplemental application form RS-2 will be used in lieu of the form RS-2 when the motor carrier adds additional equipment or states of travel.) Attached to this Appendix is a table listing those fees that will be charged.

14.3. Registration receipt (Appendix 150-22C).

The registration receipt will be printed by the Commission using durable white paper. This receipt shall be printed on a sheet no larger than a 8 1/2" x 11". The Commission shall print on this form the state agency name, address and telephone number, the complete registrant's name including all owners and fictitious name, the business city and state, the ICC MC number, the effective date, expiration date, the states of travel and number of vehicles for which fees have been paid. (The entire form may be printed on pre-printed form paper.)

The form may contain a state seal or emblem printed in blue color to indicate that this receipt is the original receipt issued to the registrant by the Commission.

For uniformity for enforcement purposes, this form must be printed with the same information and in the same form as attached to these procedures.

The states for which fees have been paid along with the number of trucks will be printed in the following manner:

On the first line of the area set out on the right side of the registration receipt, print three asterisks immediately followed by the two standard postal letter abbreviations in caps for each state with a parentheses after each state abbreviation with the number of vehicles for which fees have been paid inside the parentheses with a comma following each state abbreviation with no spacing between commas. The last state abbreviation will be immediately followed by three asterisks. For example:

CO(1O),ID(5),MN(4),MO(1O),NE(5)

The Commission may print a serial number on the receipt for audit purposes. This field is optional at the discretion of the Commission.

14.4. Accounting transmittal (Appendix 150-22D).

The accounting transmittal shall be used in accordance with the accounting procedures established herein. This form can be modified only to add the agency name, address and telephone number.

Name ICC No.

Fax No.:

150CSR22

Series 23 Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials

W. Va. Code R. § 150-23-1 General

1.1. Scope. -- Section 22 of the Hazardous Materials Transportation Uniform Safety Act of 1990 (HMTUSA) mandates that states wishing to register and permit motor carriers which transport hazardous materials must do so using uniform procedures and forms.

This Commission is obligated to safeguard the public interest. Therefore it shall henceforth be the policy of the Public Service Commission of West Virginia to implement a uniform registration and permit program for hazardous materials for motor carriers operating within the borders of this state. The registration and permit program shall be consistent with the uniform procedures and forms set forth by the Secretary, United States Department of Transportation. The specific uniformity requirements for the program will also be established by the Secretary of Transportation through a federal rulemaking process, through an Alliance of affected states and interests, and through a governing board.

The overall objective of the program is the promotion of safety in the transportation of hazardous materials in West Virginia and other states. The uniform procedures established in this program seek to enhance public health and safety by increasing compliance with state registration and permitting requirements for the highway transportation of hazardous materials.

1.2. Authority. -- W. Va. Code '24A-6B-1; and Section 22 of the Hazardous Materials Transportation Uniform Safety Act of 1990.

1.3. Filing Date. -- October 13, 1994.

1.4. Effective Date. -- December 12, 1994.

W. Va. Code R. § 150-23-2 Definitions

2.1. "Alliance" means the working group of state, local, industry and environmental officials established by the Secretary, U.S. Department of Transportation that developed recommendations for the uniform procedures and forms that would be included in the federal regulations.

2.2. "Base State" means the state in which a motor carrier must obtain a registration and/or permit.

2.3. "Base State Agreement" means the agreement among participating jurisdictions electing to register or to permit motor carriers and/or shippers of hazardous materials.

2.4. "Commission" means the West Virginia Public Service Commission.

2.5. "Consumer Complaints" means alleged motor carrier violations made by the public which may trigger an investigation of a motor carrier.

2.6. "Cross-matching of Data" means comparison of available data from two or more independent sources (e.g. Motor Carrier Safety Assistance Program inspections and hazardous material motor carrier registrations).

2.7. "Desk Audit" means review of a company's records sent by the company to the Commission generally triggered by a suspected compliance violation.

2.8. "Hazardous Materials" means:

2.8.1. hazardous materials of a type and amount that requires the transport vehicle to be placarded pursuant to 49 C.F.R. 172;

2.8.2. "hazardous substances" and/or "marine pollutants" when transported in bulk packaging as defined in 49 C.F.R. 171.8; or

2.8.3. hazardous waste of a type and amount that requires the shipment to be accompanied by a Uniform Hazardous Waste Manifest contained in 40 C.F.R. 262, including "state designated hazardous wastes." State designated hazardous wastes are additional hazardous wastes that have been officially determined by states that have been authorized by the United States Environmental Protection Agency to manage Resource Conservation Recovery Act (RCRA) programs within their respective states.

2.9. "Inspection" means physical examination and certification of specific vehicles, tanks, containers, cargo, and/or drivers.

2.10. "Motor Carrier" means a person that owns or operates one or more motor vehicles that transport hazardous materials.

2.11. "On-Site Audit" means an on-site examination of a company's records to verify information on which a permit is based, and to determine compliance with the state uniform program requirements.

2.12. "On-Site Review" means an on-site examination of a carrier's or shipper's operation, including physical inspections and review of the company's operating systems.

2.13. "Participating State" means a state or a political subdivision that has elected to participate in the uniform program and has ratified this election by becoming a signatory to the base state agreement.

2.14. "Person" means all entities including, but not limited to, natural persons, sole proprietorships, corporations, partnerships, and federal, state and local government agencies.

2.15. "Principal Place of Business" means the state in which a motor carrier maintains its central records relating to the transportation of hazardous materials; or the state in which the motor carriers has the plurality of its mileage.

2.16. "Registration Year" means a period of 12 consecutive months, beginning on July 1 of a particular year and ending on June 30 of the following year during which a registration issued pursuant to the uniform program remains valid.

2.17. "Reports" means periodic reports that describe the motor carrier's activities.

2.18. "Roadside Inspections" means inspection of vehicles and drivers while en-route, primarily at weigh stations and ports of entry.

2.19. "Shipper" means a person that causes hazardous materials to be transported.

2.20. "Spot Checks" means inspection of vehicles and drivers by law enforcement officers based on probable cause or statutory authority.

2.21. "State" means one of the 50 states or the District of Columbia.

2.22. "Subcontractor" means a person or entity with whom a transporter of hazardous materials contracts to perform a service related to the transport of hazardous materials.

2.23. "Terminal" means a facility owned, leased or operated by the applicant where:

2.23.1. the applicant's motor vehicles used to carry hazardous materials are loaded, unloaded or dispatched incidental to transportation;

2.23.2. the applicant's motor vehicles used to carry hazardous materials are cleaned, maintained and inspected;

2.23.3. the applicant's motor vehicles used to carry hazardous materials are fueled or repowered;

2.23.4. the applicant stores hazardous materials incidental to transportation; or

2.23.5. the applicant maintains records concerning vehicle maintenance files, and hours-of-service records related to the transportation of hazardous materials.

2.24. "Uniform Application" means the uniform motor carrier registration and permit application form established under the uniform program.

2.25. "Uniform program" means the program developed by the Alliance for the uniform state registration and permitting of hazardous materials transportation.

W. Va. Code R. § 150-23-3 Preemption

This program will preempt and supersede any hazardous material or hazardous waste transportation registration or permitting program administered or enforced by any state agency, city, county, or other political subdivision of the state.

W. Va. Code R. § 150-23-4 Implementation

On the effective date of these rules, the Commission shall implement the uniform registration and permitting program in accordance with the regulations defined in the Alliance report submitted to the Secretary of the U.S. Department of Transportation. All persons who transport hazardous materials into or through West Virginia shall apply for a uniform hazardous materials registration and permit from the Commission.

A registration or permit issued by the Commission pursuant to the uniform program shall be accepted as valid, and legally enforceable, in all participating jurisdictions; provided that if a court of competent jurisdiction should determine that a state, political subdivision, or Indian tribe may not enjoin or otherwise restrain the operation of an unqualified hazardous materials motor carrier in their state, the provision for reciprocity established in this section shall be deemed non-reversible and null and void. If this should occur, non-base states shall not be required to honor permits issued by base states.

W. Va. Code R. § 150-23-5 Base State Agreements

The Commission may enter into agreements with federal agencies, a national repository, or other participating states as necessary to allow the reciprocal registration and permitting of carriers transporting hazardous material or hazardous waste. The agreements may include procedures for determining a base state, the collection and distribution of registration fees, dispute resolution, the exchange of information for reporting and enforcement purposes, and other provisions necessary to fully implement, administer, and enforce the uniform program.

W. Va. Code R. § 150-23-6 Base State Selection

6.1. The base state for a motor carrier covered by this section shall be determined in the following manner:

6.1.1. If a motor carrier does not operate in a state that is a participating jurisdiction, this section does not apply and the motor carrier need not identify a base state for purposes of the uniform program.

6.1.2. If a motor carrier operates only in a state or states that are participating jurisdictions but require only a registration, the motor carrier's base state shall be:

6.1.2.a. the state that is the motor carrier's principal place of business, if such state is a signatory to the base state agreement, or

6.1.2.b. if the state that is the motor carrier's principal place of business is not a signatory to the base state agreement, the state that is a signatory to the agreement in which the motor carrier records a plurality of total miles traveled.

6.2. If a motor carrier operates in one or more states that are participating jurisdictions and require a national permit, the motor carrier's base state shall be:

6.2.1. the state that is the motor carrier's principal place of business, if such a state is a participating jurisdiction and requires the national permit; or

6.2.2. if the state that is the motor carrier's principal place of business is not a signatory to the base state agreement or does not require the national permit, the state that is a signatory and requires the national permit in which the motor carrier records a plurality of the total miles traveled.

6.3. If a motor carrier operates in one or more states that are participating jurisdictions and that require the part III business disclosure for hazardous waste carriers, the motor carrier's base state shall be identified in the manner set forth above. If the base state does not require the part III business disclosure, such jurisdiction shall, for purposes of conducting the business disclosure investigation, subcontract with the jurisdiction that:

6.3.1. is a participating jurisdiction;

6.3.2. requires the part III business disclosure; and

6.3.3. is the participating jurisdiction in which the motor carrier records a plurality of total miles traveled.

6.4. A motor carrier may request that the Alliance Governing Board approve a participating jurisdiction as the base state other than that identified by the method set forth in this section, if, and only if, the following criteria are satisfied:

6.4.1. such request is not based on an attempt by the motor carrier to circumvent any requirement of this section or avoid enforcement of this section by its current base state or any other signatory to the agreement;

6.4.2. approval of the request will improve administration of this section; and

6.4.3. the Alliance Governing Board consults with the jurisdiction that would otherwise be the base state and such jurisdiction concurs with the motor carrier's request.

6.5. Once a base state has been identified in accordance with the method in this subsection, the jurisdiction identified as the base state shall accept all the responsibilities of a base state for such motor carrier.

W. Va. Code R. § 150-23-7 Single Trip Permits

The Commission shall not issue single-trip permits that authorize or imply any authority to transport hazardous materials under this program. A motor carrier will not have the option of circumventing the full permit application process through the issuance of single trip permits.

W. Va. Code R. § 150-23-8 Owner/Operator Vehicles

8.1. A permitted motor carrier that transports hazardous materials under its permit using owner/operator vehicles is responsible for the operations of such vehicles and drivers, including all assurances and certifications contained in the uniform permit, as if such vehicles were owned and operated by the permitted motor carrier and the driver was employed by the motor carrier, and including providing information on the owner/operator that would be required in the part III business disclosure for hazardous waste transporters. Violations of hazardous materials transportation requirements that result from the operations of owner/operator vehicles while operating under a motor carrier's permit authority shall be viewed as violations by the permitted motor carrier and shall be reported to the base state at the time of future application or renewal of the national permit.

8.2. This section does not apply to instances in which a motor carrier subcontracts with a second motor carrier for the transportation of hazardous materials. In such a case, the subcontractor must have its own registration and/or permit pursuant to the uniform program. For purposes of this subsection, a subcontractor shall be a person or entity with whom a transporter of hazardous materials contracts to perform a service related to the transport of hazardous materials.

W. Va. Code R. § 150-23-9 Uniform Program Application

The uniform application form must be filled out in its entirety by the motor carrier and returned to the Commission for processing. Processing shall not begin until the application is complete. The Commission shall use uniform application forms which are acceptable to the Alliance and the Secretary.

W. Va. Code R. § 150-23-10 Hazardous Materials Registration - Part I

10.1. Applicability.

No person may transport by motor carrier any hazardous material in any participating jurisdiction requiring registration of hazardous materials transportation unless that person maintains a valid registration pursuant to this uniform program.

10.2. Uniform Application.

The registration section is part I of the uniform application. A motor carrier shall register in its base state.

10.3. Registration year.

The registration period begins on July 1 of each year. A registration shall remain valid for one year from the date of issuance.

10.4. Fees not prorated.

Fees collected under this system will not be prorated for partial year operations.

10.5. Fee structure.

The registration fee structure will be based on a company's apportioned per vehicle (power unit) hazardous material transportation activity within each state. The level of hazardous material transportation activity within a state shall be based on two factors: the percent of activity in the state and the percentage of the motor carrier's total activity that involves the transport of hazardous materials.

W. Va. Code R. § 150-23-11 Apportioned Vehicle Registration Fees

11.1. Initial year waiver of registration fee.

In the year beginning July 1, 1994 and ending June 30, 1995 the apportioned registration fee for West Virginia and Ohio will be waived.

11.2. Calculation Formula.

Beginning July 1, 1995, an apportioned vehicle registration fee shall be paid by affected carriers. The fee shall be calculated by multiplying the percentage of West Virginia transportation by the percentage of hazardous material transportation multiplied by the total number of vehicles the carrier operates multiplied by a per vehicle fee of $50.

11.3. State percentage.

A carrier shall determine its percentage of West Virginia transportation by dividing the number of miles it traveled in West Virginia under the international registration plan during the previous year by the number of miles it traveled nationwide under the international registration plan during the previous year. If a carrier operates only in West Virginia, it must use 100 percent of the miles traveled as its percentage of West Virginia transportation. If a carrier does not register its vehicles through the international registration plan, it must calculate the number of miles traveled in the manner required under the international registration plan. A carrier must add all fleet miles together.

11.4. Hazardous material percentage.

A carrier shall determine its percentage of hazardous material transportation by using a method based on general percentage ranges or actual percentages. A carrier shall determine its percentage of hazardous material transportation as follows:

11.4.1. For less-than-truckload shipments, it must divide the weight of the carrier's hazardous material and hazardous waste shipments transported during the previous year by the total weight of all shipments transported during the previous year.

11.4.2. For truckload shipments, it must divide the number of shipments transported during the previous year for which placarding, marking, or manifesting, was required by the Code of Federal Regulations, title 49, part 172, by the total number of all shipments transported during the previous year.

11.4.3. A carrier that transports both truckload and less-than-truckload shipments of hazardous material or hazardous waste must determine its percentage of hazardous material transportation by calculating the percentage of business that is hazardous material transportation on a proportional basis with the percentage of business that is not hazardous material transportation.

11.4.4. A carrier may use data from its most recent complete fiscal year or the most recent complete calendar year in calculating the percentages required in this subdivision for transportation conducted during the previous year.

11.5. Processing fee.

Beginning July 1, 1994, each motor carrier will be charged a processing fee of $50.00 for processing the motor carrier's registration.The Commission will process the registration form from each carrier for which it serves as the base state.

11.6. Fee collection and distribution for participating states.

The Commission will collect registration fees for West Virginia and all states which are participating in the uniform registration program and in which the motor carrier transports hazardous materials. The Commission will distribute fees to the appropriate states.

11.7. Audits.

The Commission will conduct the necessary audits to ensure that the motor carrier is accurately reporting its hazardous materials transportation activity.

W. Va. Code R. § 150-23-12 Hazardous Materials Permit - Part II

12.1. Uniform application.

The permit section for hazardous materials is part II of the uniform application.

12.2. Base state.

A motor carrier shall apply to its base state for a uniform permit. The uniform permit confers on a motor carrier the authority to transport hazardous materials in all states that participate in the uniform program.

12.3. Permit validation and recertification.

The uniform permit shall be valid for a period of three years or until a motor carrier fails to renew its registration, whichever occurs first. At the beginning of the second and third year of the permit period, the motor carrier, as part of the annual registration process, shall certify that its current operations are not substantially different from its operations on the date it obtained its permit. A motor carrier shall recertify its compliance with applicable laws and regulations in part II of the uniform application when it renews its annual registration. Failure to comply with the certifications in part II is cause for denial, suspension or revocation of the permit. If there is a substantial change in the motor carrier's operations during the permitting period, the Commission will review the changes and the motor carrier will be given due process to obtain a permit.

12.4. Permit processing.

Upon receipt of a permit application, the Commission shall process the application for the permit for each motor carrier for which it serves as the base state. If it is deemed necessary, the Commission may conduct any pre-permitting investigation or audit. When processing is complete, the Commission will issue a credential form to the motor carrier. A copy of the credential form must be kept inside the cab of each vehicle that transports hazardous materials.

12.5. Application certification.

In the permit application the motor carrier must certify that each vehicle and driver complies with the vehicle-specific and driver-specific requirements.

12.6. Certification compliance.

The Commission may conduct additional investigations into a motor carrier's operation prior to issuing a permit to determine that the motor carrier has, in fact, complied with the certifications in the application.

12.7. Failure to comply.

Failure of a motor carrier to comply with the certifications in the application is grounds for denying, suspending, or revoking a permit. Proprietary information related to commercial relationships, routes, and specific products and financial information gathered on individual motor carriers as part of the permitting process shall be confidential and may only be used by the Commission, other states in which the motor carrier operates, and the national repository for purposes of enforcing the permitting requirements.

W. Va. Code R. § 150-23-13 Hazardous Waste Permit - Part III

13.1. Uniform application.

The hazardous waste permit is part III of the uniform application.

13.2. Applicable quantity.

All quantities of hazardous waste that require the use of the federal uniform hazardous waste manifest are subject to the uniform state program. Carriers applying for hazardous waste permits must complete part III of the uniform application.

13.3. Affected carriers.

The Commission shall not require motor carriers to apply for the part III permit of the uniform program, which applies only to motor carriers that transport hazardous waste, to conduct operations exclusively in West Virginia. However, if interstate motor carriers whose registration state is West Virginia transport hazardous waste into or through states that require the part III permit, then they will be required to apply for the part III permit from the Commission.

13.4. Background investigations.

The Commission may contract with outside vendors or other participating states to provide the service of conducting the required part III permit background investigations for the Commission.

W. Va. Code R. § 150-23-14 Certification of Information - Part IV

14.1. Uniform application.

Part IV is a section that certifies that the motor carrier provided accurate information in filling out the uniform application. The applicant must complete part IV before the uniform application will be processed by the Commission.

14.2. Credential copies.

If the motor carrier has complied with all the program requirements, the base state shall issue the motor carrier a credential sheet as evidence of the registration and permit. The motor carrier shall maintain a copy of the credential form in each vehicle it uses to transport a hazardous material or hazardous waste, and shall display the company registration number on shipping papers for all hazardous material loads of a type or quantity that requires the vehicle to be placarded in accordance with the code of federal regulations, title 49, part 172.

W. Va. Code R. § 150-23-15 Grants and Revenues

15.1. Funding.

The Commission may accept and disburse federal or state funds available for the purpose of implementing, administering, and enforcing the uniform program.

15.2. National repository surcharge.

The Commission may include a surcharge on registration fees that is earmarked for maintenance of a national repository.

15.3. Revenue dedication.

Revenues generated through registration and processing fees shall be dedicated to purposes that enhance the safe transportation of hazardous materials as mandated in HMTUSA.

W. Va. Code R. § 150-23-16 Suspension, Revocation, and Denial

The Commission may suspend or revoke a registration and permit issued under this section, or order the suspension of the transportation of hazardous material or hazardous waste in West Virginia by a carrier who has obtained a notice of registration and permit from another participating state under the uniform program if the Commission determines that such carrier made a materially false or misleading statement in the uniform application, or that such carrier's conduct constitutes a serious or repeated violation of statutes or rules governing the transportation of hazardous material or hazardous waste. The Commission may not issue a notice of registration and permit to a carrier if the Commission determines that such carrier's conduct would constitute grounds for suspension or revocation under this subdivision. A motor carrier who wishes to contest a denial, suspension, or revocation is entitled to reasonable notice and an opportunity to be heard.

W. Va. Code R. § 150-23-17 Enforcement

The Commission is authorized to inspect or examine any commercial motor vehicle or facility operated by a motor carrier who transports hazardous material or hazardous waste in this state, and may require the production of papers, books, records, documents, or other evidentiary material necessary to determine if a motor carrier is accurately reporting its hazardous material transportation operations and is otherwise complying with the uniform program. The Commission may use subpoenas, depositions and other civil discovery powers authorized by the laws of West Virginia. The Commission may also conduct investigations and audits necessary to determine if a carrier is entitled to a permit or to make suspension or revocation determinations.

17.1. Penalties for violation of hazardous materials transportation requirements, including but not limited to those established pursuant to the uniform program, shall be the penalties established by the law of the participating jurisdiction in which the violation occurs. Nothing in this part shall affect the continuing force of any penalty imposed by a participating jurisdiction for violation of law prior to the effective date of this part.

17.2. A participating jurisdiction that is not the base state for a motor carrier may take any appropriate action against a motor carrier authorized under the jurisdiction's law, up to and including suspension of the motor carrier's authority to transport hazardous materials within the jurisdiction.

17.3. A participating jurisdiction that has taken enforcement action against a motor carrier may determine the length of time that any such penalty applies and the conditions that must be satisfied prior to its removal.

17.4. For cause, the base state may suspend a registration or permit issued pursuant to the uniform program and may establish the conditions that must be satisfied prior to the removal of any such suspension.

17.5. For cause, the base state may revoke a registration or permit issued pursuant to the uniform program. If a registration or permit is revoked, before again transporting hazardous materials, the motor carrier must reapply for a new registration or permit pursuant to the forms and procedures of the uniform program.

150CSR23

Series 24 Rules And Regulations For Discounted Telecommunicatons Services

W. Va. Code R. § 150-24-1 General

1.1. Scope. -- These rules govern the procedure for receiving discounted intrastate telecommunications services for eligible schools and libraries as initially established by the Federal Communications Commission (FCC) in its May 8, 1997 AReport and Order,@ in In the Matter of Federal-State Joint Board on Universal Service, CC Docket No. 96-45, FCC 97-157 (Released, May 8, 1997).

1.2. Authority. -- W. Va. Code ''24-1-1, 24-1-7, 24-2-1, 24-2-2.

1.3. Filing Date. -- March 31, 1998.

1.4. Effective Date. -- June 1, 1998.

1.5. Definitions. -- In the interpretation and application of these rules, the Commission adopts and incorporates, as if fully set forth herein, the definitions set forth in 47 C.F.R. ''54.5 and 54.500, attached as Appendix I to the Federal Communications Commission=s AReport and Order,@ in In the Matter of Federal-State Joint Board on Universal Service, CC Docket 96-45, FCC 97-157 (Released, May 8, 1997).

W. Va. Code R. § 150-24-2 Eligibility

Eligibility of schools and libraries for a discount on intrastate telecommunications services shall be determined in accordance with 47 CFR '54.501.

W. Va. Code R. § 150-24-3 Discount Mechanism

Discounts on intrastate telecommunications services for eligible schools and libraries shall be set as a percentage discount from the pre-discount price.

3.1. Discount Percentages -- The discounts available to eligible schools and libraries for intrastate telecommunications services shall range from twenty percent (20%) to ninety percent (90%) of the pre-discount price for all eligible intrastate services provided by eligible providers, as defined in 47 CFR Part 54, Subpart F. The discounts available to a particular school, library, or consortium of only such entities shall be determined by indicators of poverty to high cost.

3.1.1. For schools and school districts, the level of poverty shall be measured by the percentage of their student enrollment that is eligible for a free or reduced price lunch under the national school lunch program or a federally-approved alternative mechanism. Counties or the State, applying for eligible services on behalf of their individual schools, may calculate the county-wide percentage of eligible students using a weighted average. For example, a county would divide the total number of students in the county eligible for the national school lunch program by the total number of students in the county to compute the county-wide percentage of eligible students. Alternatively, the county could apply on behalf of individual schools and use the respective percentage discounts for which the individual schools are eligible.

3.1.2. For libraries and library consortia, the level of poverty shall be based on the percentage of the student enrollment that is eligible for a free or reduced price lunch under the national school lunch program or a federally-approved mechanism in the public school district or county in which they are located. If the library is not in a school district then its level of poverty shall be based on an average of the percentage of students eligible for the national school lunch program in each of the school districts that children living in the library=s location attend. Library systems applying for discounted services or facilities on behalf of their individual branches shall calculate the system-wide percentage of eligible families using, an unweighted average based on the percentage of the student enrollment that is eligible for a free or reduced price lunch under the national school lunch program in the public school district in which they are located for each of their branches or facilities.

3.2. Classification of Schools and Libraries -- Schools and libraries shall be classified as Aurban@ or Arural@ based on location in an urban or rural area, according to the following designations.

3.2.1. Schools and libraries located in metropolitan counties, as measured by the federal Office of Management and Budget=s Metropolitan Statistical Area method, shall be designated as urban, except for those schools and libraries located within metropolitan counties identified by census block or tract in the Goldsmith Modification.

3.2.2. Schools and libraries located in non-metropolitan counties, as measured by the Office of Management and Budget=s Metropolitan Statistical Area method, shall be designated as rural. Schools and libraries located in rural areas within metropolitan counties identified by census block or tract in the Goldsmith Modification shall also be designated as rural.

W. Va. Code R. § 150-24-4 Matrix

The matrix attached as ATable A@ shall be used to set a discount rate to be applied to eligible intrastate services and facilities purchased by eligible schools, school districts, libraries, or library consortia based on the institution=s level of poverty and location in an Aurban@ or Arural@ area.

W. Va. Code R. § 150-24-5 Consortia

Consortia applying for discounted services or facilities on behalf o their members shall calculate the portion of the total bill eligible for a discount using a weighted average based on the share of the pre-discount price for which each eligible school or library agrees to be financially liable. Each eligible school, county, library or library consortia will be credited with the discount to which it is entitled.

W. Va. Code R. § 150-24-6 Application for Funding

Application for discounts on intrastate telecommunications services provided to schools and libraries under this section shall be made in accordance with 47 C.F.R. Part 54, Subpart F.

W. Va. Code R. § 150-24-7 Funding of Discounts

Funding for discounts on intrastate telecommunications services provided to schools and libraries under this section shall be provided from the federal universal service fund in accordance with 47 CFR Part 54, Subpart F.

TABLE A, 150 CSR 24

SCHOOLS & LIBRARIES

DISCOUNT MATRIX

DISCOUNT LEVEL

HOW DISADVANTAGED? urban discount rural discount % of students eligible for national school lunch program <1 1-19 20-34 35-49 50-74 75-100 150CSR24

Series 25 Rules Governing Emergency and Wireless Telephone Service

W. Va. Code R. § 150-25-1 General

1.1. Scope -- These Rules govern the billing, collection, and remission of the Wireless Enhanced 911 Fee, the Public Safety Fee and the Wireless Tower Fee, on a monthly basis, by certain telecommunications carriers subject to the jurisdiction of the Public Service Commission of West Virginia (Commission) pursuant to W. Va. Code §24-2-1 and the disbursement of such fee revenues in accordance with W. Va. Code §24-6-6b to the West Virginia State Police, Division of Homeland Security and Emergency Management, Wireless Tower Access Assistance Fund, and counties in West Virginia. Additionally, these Rules establish guidelines to be used by the Commission in evaluating any request by a project sponsor for funding assistance for the acquisition, equipping and construction of new wireless towers, which would provide enhanced 911 service coverage, and which would not be available otherwise due to the marginal financial viability of the applicable tower coverage area.

1.2. Authority. -- W. Va. Code §§24-1-1, 24-1-7, 24-2-1, 24-2-2, 24-6-6b, and 24-6-11.

1.3. Filing Date. -- July 12, 2023.

1.4. Effective Date. -- September 11, 2023.

W. Va. Code R. § 150-25-2 Definitions

2.1. For purposes of this Rule, the Commission adopts the definitions of “commercial mobile radio service provider or CMRS provider,” “county answering point,” “emergency services organization,” “emergency service provider,” “emergency telephone system,” “enhanced emergency telephone system,” “public agency,” “public safety unit,” “telephone company,” “comprehensive plan,” “technical and operational standards,” set forth in W. Va. Code §24-6-2. Regarding prepaid cellular service, the Commission adopts the definitions of “prepaid wireless calling service” in W. Va. Code §11-15-2 and “sale” in W. Va. Code §11-15-2. In addition, unless otherwise specified in this Rule, the Commission adopts the definitions set forth in section 1.7 of the Commission's Rules for the Government of Telephone Utilities, C.S.R. § 150-6-1.7.

2.2. “Cost” -- Means, as applied to any project to be financed in whole or in part with funds provided from the Tower Access Assistance Fund, the cost of acquisition, equipping, and/or construction of the proposed wireless tower; the cost of preliminary design and analysis, surveys, borings; the cost of environmental, financial, market and engineering feasibility studies, assessments, applications, approvals, submissions or clearances; the cost of preparation of plans and specifications and other engineering services; the cost of acquisition of all land, rights-of-way, property rights, easements, franchise rights and any other interests required for the acquisition, equipping, and/or construction of the wireless tower; the cost of demolishing or removing any buildings or structures on acquired land, including the cost of acquiring any lands to which buildings or structures may be moved; the cost of excavation, grading, shaping or treatment of earth; the cost of constructing any tower, guy lines, warning lights, antennae, feed lines, radio equipment, power lines, generators, security fencing, gates or other facilities necessary for the operation and protection of the tower; the cost of all apparatus, other machinery, and equipment necessary for the operation of the tower; loan or origination fees and all finance charges and interest incurred prior to and during the construction and for no more than six months after completion of construction; the cost of insurance related to equipping and construction; the cost of legal services and expenses; the cost of all plans, specifications, surveys and estimates of cost; all working capital and other expenses necessary or incident to determining the feasibility or practicability of acquiring or constructing any wireless tower; the cost of placing any project in operation; and all other costs of any kind or nature incurred or to be incurred by the project sponsor that are reasonable and necessary for carrying out all works and undertakings necessary or incident to the accomplishment of any project: Provided, That costs will not include any amounts related to the ongoing operations of the owner or operator, depreciation thereof or any other cost which the Commission has not determined to be consistent with the purposes and objectives of the legislation establishing the Wireless Tower Access Assistance Fund.

2.3. “County” -- One of the counties provided for in W. Va. Code §1-1-1.

2.4. “Emergency Number” -- Any telephone number, including 9-1-1, and any 7-digit or 10-digit number which could access a 9-1-1 line or trunk, which is primarily used for the purpose of reporting emergencies such as fires, the need for law enforcement, rescue and/or medical assistance, actual or imminent disasters, etc.

2.5. “Emergency Services Organization” -- The organization established under W. Va. Code §15-5-1 et seq.

2.6. “Enhanced Emergency Telephone System” or “Enhanced 911 Service” -- A telephone system which automatically connects a person dialing 911 to the appropriate county answering point with automatic location identification and automatic number identification.

2.7. “FCC” -- The Federal Communications Commission.

2.8. “In-state two-way service subscriber” -- A person or entity with a valid retail CMRS subscription.

2.9. “Local Exchange Carrier” or “LEC” -- A person or entity granted a certificate of public convenience and necessity to provide local exchange services within a defined service area of the State. Incumbent LECs will be those LECs holding certificates of public convenience and necessity prior to January 1, 1995.

2.10. “NANC” -- The North American Numbering Council.

2.11. “NANP” -- The North American Numbering Plan.

2.12. “Need of the project sponsor” -- Means there is a public need for a project. The Wireless Tower Access Assistance Fund Review Committee may construe a lack of wireless telephone service, in that part of a county in which a project is proposed, as a factor supporting the conclusion that a need exists for a project in that county.

2.13. “Person” -- Means any individual, entity, or any corporation, partnership, association, limited liability company or any other form of business organization or agency entitled to sue or be sued under applicable state law.

2.14. “Political subdivision of the state” -- Means any county commission, municipality or county board of education; any separate corporation or instrumentality established by one or more counties or municipalities, as permitted by law; any instrumentality supported in most part by municipalities; any public body charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, cities or towns; a combined city-county health department created pursuant to W. Va. Code §16-2-1 et. seq.; public service district; and other instrumentalities including, but not limited to, volunteer fire departments and emergency service organizations as recognized by an appropriate public body and authorized by law to perform a governmental function.

2.15. “Project” -- Means an undertaking involving a wireless tower to be acquired, constructed, equipped and/or operated by a state agency, political subdivision or wireless telephone carrier or any combination of such entities.

2.16. “Project sponsor” -- Means any county commission which intends to acquire, construct, equip, or otherwise develop a wireless tower.

2.17. “Public Agency” -- Means the State, and any municipality, county, public district, or public authority which provides or has the authority to provide fire-fighting, police, ambulance, medical, rescue or other emergency services.

2.18. “Public Safety Wireless Fee” or “Public Safety Fee” -- Means the monthly fee that a CMRS provider charges and collects from their in-state two-way service subscribers, which generates revenue designated for certain uses by the Division of Homeland Security and Emergency Management and the West Virginia State Police.

2.19. “Public Safety Unit” -- Means a functional division of a public agency which provides fire-fighting, police, medical, rescue or other emergency services.

2.20. “Public Service Commission,” or “Commission,” -- Means the Public Service Commission of West Virginia created and established under Chapter 24 of the W. Va. Code or any successor to all or any substantial part of its powers and duties.

2.21. “State agency” -- Means a state department, board, commission, institution or other administrative agency of state government.

2.22. “Telephone Utility” -- Any person, firm, partnership, or corporation engaged in the business of furnishing telephone communications services to the public under the jurisdiction of the Public Service Commission of West Virginia.

2.23. “Valid retail CMRS subscription” -- A two-way, voice grade or better, cellular or personal communications services (PCS) telecommunications service associated with a unique multi-digit area code prefix assigned by NANC, pursuant to NANP, for any area within the State of West Virginia, and which may be used to signal terminal equipment devices associated with the service. Note: A single cellular or PCS account may have more than one valid retail CMRS subscription associated with that account.

2.24. “WE911 Fee” or “Wireless Enhanced 911 Fee” -- Means the wireless enhanced 911 fee prescribed by W. Va. Code §24-6-6b.

2.25. “Wireless telephone carrier” -- Means any commercial mobile radio service provider, as defined in W. Va. Code §24-6-2 as cellular licensees, broadband personal communications services licensees, and specialized mobile radio providers, as those terms are defined by the Federal Communication Commission, which offer real-time, two-way switched voice service that is interconnected with the public switched network, and includes resellers of any commercial mobile radio service.

2.26. “Wireless tower” -- Means any structure, antenna, tower, or other device which provides, or is suitable to provide, CMRS, cellular phone services, specialized mobile radio (SMR) communications services, common carrier wireless exchange phone services, PCS, public safety (including law enforcement, ambulance, rescue and firefighting) communications, wireless broadband Internet access, Department of Highways communications and/or commercial pager services.

2.27. “Wireless Tower Access Assistance Fund,” or “Fund” -- Means the Fund established in accordance with the provisions of W. Va. Code §24-6-6b.

2.28. “Wireless Tower Access Assistance Fund revenue” -- Means all amounts appropriated by the Legislature; all amounts deposited into the Tower Access Assistance Fund; any amounts received, directly or indirectly, from any source for the use of all or any part of any wireless tower project funded by the Wireless Tower Access Assistance Fund.

2.29. “Wireless Tower Access Assistance Fund Review Committee,” or “Committee” -- Means a committee established by the Commission to review and make recommendations to the Commission on applications for grants from the Wireless Tower Access Assistance Fund. The Committee will be made up of the following: 1) a member, to be appointed by the Chairman of the Commission, of the Staff of the Public Service Commission familiar with wireless telecommunications technology; 2) the Speaker of the House of Delegates or that person's designee, as a non-voting member; 3) the Senate President or that person's designee, as a non-voting member; 4) a representative of County Commissions, to be appointed by the County Commissioners' Association of West Virginia; 5) a representative, to be appointed by the Governor, of wireless telephone providers operating in West Virginia; 6) a representative, to be appointed by the Governor, of the wireless tower construction industry; 7) the Superintendent of State Police or that person's designee; 8) the Director of the West Virginia Division of Homeland Security and Emergency Management or that person's designee; 9) a representative, appointed by the West Virginia Enhanced 911 Council, of the W. Va. Enhanced 911 Council. The Committee will meet to consider applications for financial assistance from the Wireless Tower Access Assistance Fund and to make determinations regarding such applications. Such determinations shall be based upon the guidelines and criteria established by these Rules.

2.30. “Wireless Tower Access Fee” -- Means the monthly fee that a CMRS provider charges and collects from their in-state two-way service subscribers, which generates revenue designated to fund the construction of wireless towers.

W. Va. Code R. § 150-25-3 Local Emergency Telephone Systems

3.1. Creation of emergency telephone systems.

3.1.1. A public agency may establish, consistent with these Rules, an emergency telephone system within its respective jurisdiction. Nothing herein contained, however, will be construed to prohibit or discourage in any way the establishment of multi-jurisdictional or regional systems, and any system established may include only a portion of the territory of a public agency. To the extent feasible, these systems will be centralized.

3.1.2. Every system will provide access to emergency services organizations, police, fire-fighting, and emergency medical and ambulance services and may provide access to other emergency services. The system may also provide access to private ambulance services. The system may also provide the necessary mechanical equipment at the established public agency answering point to allow deaf persons access to the system. In those areas in which a public safety unit of the State provides emergency services, the system will provide access to the public safety unit.

3.1.3. The number “9-1-1” will be used as the primary emergency number whenever practicable. If the use of the number “9-1-1” is not practicable, the telephone utility or companies will make application to this Commission in order to use an alternate emergency telephone number. The Commission encourages the use of “1-9-1-1” as the alternate emergency telephone number.

3.1.4. The telephone utility in the normal course of replacing or making major modifications to its switching equipment will include the capability of providing for the emergency telephone system and will bear all costs related thereto. All charges for other services and facilities provided by the telephone utility, including the provision of distribution facilities and station equipment, will be paid for by the public agency or public safety unit in accordance with the applicable tariff rates then in effect for such services and facilities.

3.2. Establishment of emergency telephone systems.

3.2.1. The telephone utility when establishing a new wire center or when replacing the switching equipment for any existing wire center will insure that the new switching equipment contains the capability of providing emergency telephone system services.

3.2.2. The telephone utility will design the switching equipment used in all new wire centers and in the replacement of existing wire centers to be capable of accessing emergency services by using the telephone number “9-1-1”.

3.2.3. The telephone utility when modifying the existing switching equipment in any wire center will configure the equipment in a manner that will most easily facilitate the implementation of an emergency telephone system in that wire center, using the telephone number “9-1-1”, if practicable.

3.2.4. Under normal circumstances, the telephone utility will respond within ninety (90) days to any application for emergency telephone service made by a public agency, emergency services organization or public safety unit. This response will show the projected cost of the system to the maker of the application and the projected date on which emergency telephone service can be established. A copy of this response will be filed with the Commission.

3.2.5. Under normal circumstances where equipment is available, the telephone utility will have as its objective the satisfaction of all requests for the establishment of emergency telephone service within nine (9) months of the date of a firm order for such service. Under all circumstances, emergency telephone service should be established within twenty-four (24) months of the date of such firm order received by the telephone utility.

3.2.6. The telephone utility will report to the Commission any request for emergency telephone service it is unable to satisfy within nine (9) months of any application therefor.

3.2.7. The provision of emergency telephone service will be made under tariffs approved by this Commission.

3.2.8. In political jurisdictions served by more than one (1) telephone utility, the telephone utilities will cooperate in establishing an emergency telephone system. The Utilities Division of this Commission will, upon request, assist in the coordination of the different telephone utilities. In these political jurisdictions, the telephone utilities will have as their objective the satisfaction of all requests for an emergency telephone system within nine (9) months of the date a firm order for such system is received. Under all circumstances, emergency telephone service should be established within twenty-four (24) months of the date of such firm order received by the telephone utility.

3.2.9. The telephone utilities will report to the Commission any request for emergency telephone systems involving more then one (1) utility which cannot be established within one (1) year of the date a firm order is received.

3.3. Reporting requirements of the telephone utility. The telephone utility, before establishing any wire center, replacing any wire center or making major modifications to any wire center, will furnish the Commission with plans showing that it has complied with the requirements of these Rules. “Major Modifications” is hereby defined to be a central office modification affecting level assignments, thousands levels or trunking.

3.4. 9-1-1 Rule regarding telephone directory emergency numbers pages.

3.4.1. Telephone directories will list, on the inside of the directory front cover or on the front page of the directory, otherwise known as the emergency calling information page, all emergency service providers accessible from the exchanges covered by the directory on a local call and/or 9-1-1 basis: Provided, That, if a 9-1-1 system serves any portion of the area covered by the directory, the emergency calling information page will boldly and prominently display the 9-1-1 telephone number. Furthermore, all major public agencies such as, municipal police, fire, ambulance, sheriff and state police, that are accessible by calling 9-1-1 will be listed in close proximity to the 9-1-1 listing along with the appropriate agency generic symbols.

3.4.2. Each telephone directory will have a page immediately following the emergency calling information page which will clearly list the name and seven (7) digit non-emergency administrative telephone number of each individual emergency services provider which serves any portion of the area covered by the telephone directory. Such listings will be grouped by service type (e.g., ambulance, fire, law enforcement, rescue, etc.) and the listings will be arranged alphabetically within the service type grouping. Where appropriate, subgrouping by county may be done. The seven (7) digit non-emergency administrative telephone number of each 9-1-1 Public Safety Answering Point which serves any portion of the area covered by the telephone directory will be prominently displayed at the top of the page.

3.4.3. Where an entire directory coverage area is not covered by 9-1-1, the emergency calling information page will list the seven (7) digit telephone numbers of all directory coverage area Public Safety Units not accessible by calling 9-1-1. The emergency calling information page will, at least, clearly show which emergency calls should be made to 9-1-1 and which should be made to other emergency telephone numbers listed on the page.

3.4.4. Additional information regarding emergency calling, as is beneficial to the public interest, may appear on the emergency calling information page.

3.4.5. Each and every local exchange telephone carrier responsible for a telephone directory emergency calling information page will submit each emergency calling information page and the page immediately following to the Public Service Commission for review, by informally filing same with the Public Service Commission's Telecommunications Section, before said pages are published. Such submittals will be sent at least thirty (30) calendar days prior to the deadline for making changes.

W. Va. Code R. § 150-25-4 Billing and Collection of WE911 Fee, Public Safety Fee and Wireless Tower Fee

4.1. Post-paid service -- On a monthly basis, each CMRS post-paid provider will charge and collect a WE911 Fee, a Public Safety Fee, and a Wireless Tower Fee at the current statutory rate, on each valid retail CMRS subscription. The applicable fees will be listed as separate line items on the billing statement provided to each valid post-paid retail CMRS subscription by CMRS providers. 4.1.1 The WE911 Fee, equal to the amount established by W. Va. Code §24-6-6b(b), or the amount as may be subsequently respecified in accordance with the statute, should be listed as a separate line item on the monthly billing statement provided to each valid in-state CMRS subscriber and collected by CMRS providers. 4.1.2 The Public Safety Fee, equal to the amount of twenty-nine cents ($0.29) per month, or the amount as may be subsequently modified by force of law, should be listed as a separate line item on the billing statement provided to each valid in-state CMRS subscriber and collected by CMRS providers. 4.1.3 The Wireless Tower Fee, equal to the amount of eight cents ($0.08) per month, or the amount as may be subsequently modified by force of law, should be listed as a separate line item on the billing statement provided to each valid in-state CMRS subscriber and collected by CMRS providers.

4.2. Pre-paid service -- Prepaid wireless calling service is subject to the general consumer sales and service tax, in lieu of the WE911 Fee, the Public Safety Fee and the Wireless Tower Fee.

W. Va. Code R. § 150-25-5 Remission of WE911 Fee, Public Safety Fee and Wireless Tower Fee Revenues to Commission

5.1. Post-paid service -- By no later than the seventeenth (17th) day of each month, or the first business day thereafter, each CMRS provider will, after retaining a billing fee equal to three percent (3%) of the total sum collected for the WE911 Fee, the Public Safety Fee, and the Wireless Tower Fee during the preceding month or billing period, remit to the Commission a check, or appropriate financial equivalent, for the net balance of the fee revenues collected. If remitted by mail, the postmark will be used as proof of compliance. If remitted electronically, the date specified by the software used will be used as proof of compliance. The fee revenues will be remitted to:

By mail:

Public Service Commission of West Virginia Administration Division P.O. Box 812 Charleston, West Virginia 25323 Electronically: executive_director_CMRS@psc.state.wv.us

5.1.1. Form to be used with fee revenue remittals. CMRS providers will use P.S.C. W. VA. Form No. WLF-1, or a reasonable functional equivalent, when remitting the fee revenue to the Commission. Form No. WLF-1 requires CMRS providers to separately list (1) the total number of subscriber fees collected and amount of revenue collected for each fee; (2) the sum of all revenue collected; (3) the three percent (3%) billing fee amount withheld from the sum total revenue; and (4) the total net amount of fee revenue remitted to the Commission. All information requested by Form No. WLF-1 will be provided. This may be done electronically, at the discretion of the CMRS provider.

5.1.2. Each CMRS provider will remit to the Commission the net funds collected by the CMRS provider. The remitted funds will include any previously unpaid WE911 Fees, Public Safety Fees, and Wireless Tower Fees collected by the CMRS provider during the preceding monthly billing period.

W. Va. Code R. § 150-25-6 Calculation of Fee Revenue Disbursement

6.1. The Commission’s Administration Division will, using the methodology and data required by W. Va. Code §24-6-6b, calculate the disbursement ratios for the revenue generated by the WE911 Fee, Public Safety Fee and Wireless Tower Fee, as provided below.

6.1.1. Nineteen cents ($0.19) of the twenty-nine cents ($0.29) Public Safety Fee collected per subscriber and received by the Commission each month will be designated for the Division of Homeland Security and Emergency Management.

6.1.2. Each month, eight cents ($0.08), or the total amount of the Wireless Tower Fee, collected per subscriber and received by the Commission will be deposited in a fund entitled “Wireless Tower Access Assistance Fund.”

6.1.3. Each month, ten cents ($0.10) of the remaining twenty-nine cent ($0.29) Public Safety Fee collected per subscriber and received by the Commission will be designated for the West Virginia State Police.

6.1.4. Disbursement ratios for the WE911 Fee revenue pursuant to 6.4 will be recalculated by the Commission’s Administration Division within thirty calendar days of the availability of updated decennial county population census data. Such recalculated disbursement ratios will be effective on July 1 immediately following such recalculation.

6.2. Counties with an Enhanced Emergency Telephone System ordinance enacted will receive only that county's portion of the monthly WE911 Fee revenues being disbursed on a pro rata basis, as set forth in Rules 6.3., 6.4 and 6.5 herein.

6.3. When two or more counties organize pursuant to law into one county in order to provide government services and upon written notice to the Commission verifying such consolidation, the consolidated county will receive one percent (1) of the monthly net WE911 Fee revenues received by the Commission for itself and for each county merged into the consolidated county, in addition to other amounts permitted by this Rule.

6.4. Each county will receive eight and one-half tenths of one percent (0.0085) of the remainder of the monthly WE911 Fee revenues received by the Commission.

6.5. From any WE911 Fee moneys remaining, each county will receive a pro rata portion, based on that county’s percentage of the state’s total population, as determined in the most recent decennial census.

W. Va. Code R. § 150-25-7 Accounting for Fee Revenues

7.1. The Commission will establish and maintain an account for the WE911 Fee, the Public Safety Fee and the Wireless Tower Fee revenues remitted to the Commission.

7.2. Said accounts will serve as repositories for such fee revenues until, in accordance with the quarterly disbursement schedule set forth below in section 8, such revenues are disbursed to each county.

W. Va. Code R. § 150-25-8 Disbursement of Monthly Fee Revenues

8.1. Disbursement of WE911 Fee revenues. On a quarterly basis, the Commission will, by check or appropriate financial equivalent, distribute the WE911 Fee revenues to each county by the 10th day of the month in accordance with the schedule set forth below.

8.1.1. In the months of January, April, July and October, payments will be issued to the following counties: Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hampshire, Hancock, Hardy, Harrison, Jackson and Jefferson.

8.1.2. In the months of February, May, August and November, payments will be issued to the following counties: Kanawha, Lewis, Lincoln, Logan, Marion, Marshall, Mason, McDowell, Mercer, Mineral, Mingo, Monongalia, Monroe, Morgan, Nicholas, Ohio, Pendleton and Pleasants.

8.1.3. In the months of March, June, September, and December, payments will be issued to the following counties: Pocahontas, Preston, Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, Taylor, Tucker, Tyler, Upshur, Wayne, Webster, Wetzel, Wirt, Wood and Wyoming.

8.1.4. The WE911 Fee revenues disbursed in any given month will be those billed during the three-month period which ended three months prior to the disbursal month. For example, the monthly WE911 Fee revenues filed with the Commission by CMRS providers during April, May and June will be disbursed in October.

8.2. Disbursement of Public Safety Fee revenues. On a monthly basis, the Commission will disburse the Public Safety Fee revenues received as set forth below:

8.2.1. The Commission will disburse nineteen cents ($0.19) of the Public Safety Fee received per each subscriber to the Division of Homeland Security and Emergency Management to be used solely for the construction, maintenance, and upgrades of the West Virginia Interoperable Radio Project and any other costs associated with establishing and maintaining the infrastructure of the system.

8.2.2. The Commission will distribute the remaining ten cents ($0.10) of the Public Safety Fee received per each subscriber to the West Virginia State Police to be used for equipment upgrades for improving and integrating their communication efforts with the Enhanced Emergency Telephone System.

8.3. Disbursement of Wireless Tower Fee revenues. On a monthly basis, the Wireless Tower Fee revenues received by the Commission will be deposited into the Wireless Tower Access Assistance Fund, to subsidize the construction of wireless towers.

W. Va. Code R. § 150-25-9 Registration of CMRS Providers

9.1. Each CMRS provider, or any reseller of any commercial mobile radio service, which has received FCC authority to serve any area within the State of West Virginia on or before December 31, 1997 will, no later than January 31, 1998, register with the Commission. Such CMRS providers will register with the Commission even if the CMRS provider is not actually providing service in any part of West Virginia.

9.2. CMRS providers which receive authority to serve any area within the State of West Virginia after January 31, 1998 will register within thirty (30) calendar days of receiving FCC authority to operate in West Virginia.

9.3. Such registration will be filed with the Commission's Executive Secretary and will include the following information:

9.3.1. Legal name of CMRS provider;

9.3.2. All business names used by the CMRS provider;

9.3.3. Name, title, mailing address, telephone number, fax number, and E-Mail address (if available) of the person to be contacted regarding state regulatory matters;

9.3.4. A listing of all areas in which the CMRS provider is authorized, by the FCC, to serve any portion of West Virginia; and

9.3.5. A copy of the FCC license authorizing the CMRS provider to serve any portion of West Virginia.

9.4. Changes to any of the above-listed information will be filed with the Commission's Executive Secretary within thirty (30) calendar days of the effective date of such change(s). This filing requirement includes providing notice to the Commission's Executive Secretary of any and all mergers, divestitures, acquisitions, etc. affecting West Virginia service areas.

W. Va. Code R. § 150-25-10 Submission of Local Exchange Information

10.1. Each local exchange carrier certificated by the Commission will, by no later than April 7 of each year, submit to the Telecommunications Section of the Commission's Utilities Division line counts and WE911 Fee data, by county, as of March 1 of that year.

10.2. Such line counts will be for each access line, trunk and trunk equivalent, including PBX trunks and CENTREX trunk equivalents, in actual service.

W. Va. Code R. § 150-25-11 Respecification of the WE911 Fee

11.1. The WE911 Fee will be respecified biennially, in odd numbered years, using the respecification methodology and data required by W. Va. Code §24-6-6b(b). The respecified WE911 Fee will become effective on July 1 of the respecification year.

11.2. No later than the first of February of each respecification year, Commission Staff will notify each local exchange carrier to submit to the Commission, on or before April 7, line counts and the landline fee for E911 service in each county as of March 1 of the same year.

11.3. Commission Staff will make its calculations and recommendation to the Commission regarding whether the WE911 Fee needs to be respecified no later than May 7 of the respecification year. The Staff recommendation will be provided to each registered CMRS provider.

11.4. The Commission will provide notice of the respecified WE911 Fee by issuance of a general order as soon as possible after the receipt of the Staff recommendation.

11.5. For each new CMRS provider that registers with the Commission, the Commission will provide notice of the currently applicable WE911 Fee within thirty (30) calendar days after the date such CMRS provider registers with the Commission.

W. Va. Code R. § 150-25-12 Uncollectibles

12.1. CMRS post-paid providers will make reasonable and diligent efforts to collect unpaid WE911 Fees, Public Safety Fees and Wireless Tower Fees from each valid retail post-paid CMRS subscription. Notwithstanding the foregoing, a CMRS provider will not be deemed to be a collection agent or otherwise held liable for a subscriber’s failure to pay fees properly billed by the CMRS provider.

W. Va. Code R. § 150-25-13 Wireless Tower Access Assistance Fund

13.1. Projects.

13.1.1. Project Review. In order to receive “grant funding” for a project from the Wireless Tower Access Assistance Fund, a project sponsor must submit the appropriate form application, to be developed and provided by the Wireless Tower Access Assistance Fund Review Committee, and the project must receive the approval of the Committee.

13.1.2. Application Filing. To be considered for funding from money accruing from the period January 1 through December 31 of the funding year, the project sponsor must file its application on or before November 15 of the funding year with the Commission’s Executive Secretary.

13.1.3. Application Review. The Committee will review all applications filed on or before the November 15 filing deadline. The Committee will make a determination regarding each application and either recommend the approval of, in whole or in part, or the denial of funding for the project or request additional information if necessary to make a determination. The Committee will rank all of the applications for which it recommends approval in order of funding preference. A copy of the determination by the Committee will be sent to the Commission's Executive Secretary and to the applicant. The Committee will review the applications and make recommendations to the Commission, as described above, during the period following the November 15 filing deadline and before December 31. This same procedure will repeat with each calendar year, provided that, upon a positive vote of at least six of its members, the Committee, for good cause shown, may treat an application in an expedited manner to be determined by the members. In all such instances of expedited treatment, the Commission will have fourteen (14) days, from receipt of the Committee’s expedited recommendation, in which to make its decision regarding such expedited recommendation.

13.1.3.a. The determination by the Committee must be in writing and contain findings that the project meets, if funding is recommended, or does not meet, if funding is not recommended, each of the public interest factors specified in section 13.2. of these Rules.

13.1.3.b. If funding for a project is denied for any reason, the Committee will provide written notice of such to the applicant with a copy to the Commission's Executive Secretary.

13.1.4. Committee Determination. Prior to making any grant, the Committee shall determine that the grant funding and the manner in which it will be provided are necessary or appropriate to accomplish the purposes and intent of W. Va. Code §24-6-6b(e). The Committee will give priority to projects, including projects involving public/private partnerships, where the project will provide significant benefits to public safety communications, including law enforcement, ambulance, rescue and firefighting communication devices, as well as to commercial mobile radio services, cellular phone services, specialized mobile radio communications services, common carrier wireless exchange phone services, personal communications services, wireless broadband Internet access, Department of Highways communication devices and/or pager services.

13.1.5. Issuance of funds by the Commission. Within fourteen (14) days of the receipt of the determination of the Wireless Tower Access Assistance Fund Review Committee, the Commission will, in the instance of a determination to fund a particular project, decide to either accept or reject such determination. Upon the Commission's acceptance to fund a particular project, the Administration Division will mail a copy of the funding contract to the applicant and schedule a closing on the grant to be held within thirty (30) days. The Commission will continue its decision-making process through the ranked list until the available funding for the fiscal year is exhausted.

13.1.6. Eligible Grant Recipients. The Committee will not recommend grants for any project that is not applied for by a county commission as project sponsor on behalf of itself and/or another person.

13.1.7. Grant Requirements. The Committee may recommend a grant for a project if the Committee determines and finds that (1) the project will result in the provision of wireless enhanced 911 service coverage in the project area; and (2) the absence of a sufficient number of potential wireless users in the project area prevents adequate funding of the project without the awarding of a grant from the Wireless Tower Access Assistance Fund.

13.1.8. Loans. The Committee will not recommend, and the Commission will not distribute, any loans from the Wireless Tower Access Assistance Fund.

13.2. Review Guidelines.

13.2.1. Determination of Eligible Projects. When evaluating any request for funding assistance to acquire, construct or equip a wireless tower, the Committee will consider the following:

13.2.1.a. The public health and safety benefits;

13.2.1.b. The degree to which the project will allow the acquisition, construction, and/or equipping of a wireless tower which would provide additional enhanced 911 service coverage;

13.2.1.c. The degree to which the project sponsor can establish that, without such funds, such project would not be economically feasible;

13.2.1.d. The cost effectiveness of the project as compared with alternatives which achieve substantially the same benefits;

13.2.1.e. The availability of alternative sources of funding which could finance all or a part of the project, and the need for the assistance of the Commission to finance the project or attract other sources of funding;

13.2.1.f. The applicant's ability to operate and maintain the wireless tower if the project is approved and consummated;

13.2.1.g. The degree to which the project achieves or abets other state or regional planning goals;

13.2.1.h. The estimated date upon which the project could commence if funding were available and the estimated completion date of the project;

13.2.1.i. The capability of the project to permit the co-location of communications equipment on the proposed tower for CMRS, cellular phone services, SMR services, common carrier wireless exchange phone services, PCS, public safety (including law enforcement, ambulance, rescue and fire fighting) communications, wireless broadband Internet access, Department of Highways communications and/or pager services;

13.2.1.j. The adequacy and efficiency of other wireless communications facilities, if any, in the area to be served by the project; the increase in the reliability of wireless communications service which will be attained; and the efficiency of the proposed solution when compared with other alternatives; and

13.2.1.k. Verification that the project sponsor will obtain a performance bond guaranteeing completion of the project.

13.3. Wireless Tower Access Assistance Fund Administration.

13.3.1. Administration of the Wireless Tower Access Assistance Fund. The Commission’s Administration Division will be responsible for administration of the account containing Wireless Tower Access Assistance Fund money. The Administration Division will receive and deposit Wireless Tower Fee revenues intended for the Fund and will be responsible for all Fund grant transactions.

13.3.2. Sources of Money for Fund. The Fund will consist of Wireless Tower Fee revenues; any appropriations, grants, gifts, contributions, or other revenues received by the Wireless Tower Access Assistance Fund from any source, public or private; insurance proceeds payable to the Commission or the Fund in connection with any Wireless Tower Assistance project or projects; and all income earned on moneys held in the Fund.

13.3.3. Use of Moneys in the Fund. The Commission, subject to the restrictions set forth in W. Va. Code §24-6-6b, will use money in the Wireless Tower Access Assistance Fund to make grants to finance all or part of the costs of projects to be undertaken by a project sponsor.

13.3.4. Reporting Requirements of Grant. West Virginia Code §24-4-14 and the State Auditor’s Accountability Requirements for State Funds and Grants, 150 C.S.R. Series 9, establishes reporting requirements for the Commission as the grantor of wireless tower grant funds and the project sponsor(s) who is/are awarded grant monies from the Wireless Tower Access Assistance Fund.

13.3.4.a. Project Sponsor Grantee(s) Reporting. Within two years of the end of the grantee’s fiscal year in which the disbursement of state grant funds by the Commission is made, a grantee of $50,000 or more of Wireless Tower Access Assistance Fund, in a state’s fiscal year, will file with the Commission and the State Auditor a report of the disbursement of the grant funds; and, a grantee of less than $50,000, in a state’s fiscal year, will file with the Commission and the State Auditor a sworn statement detailing the expenditures of the grant funds.

13.3.4.b. Project Sponsor Grantor Reporting. The Director of the Commission’s Administration Division is named Chief Accountability Officer and responsible to facilitate compliance with W. Va. Code §24-4-14 and the State Auditor’s Accountability Requirements for State Funds and Grants, 150 C.S.R. Series 9, with respect to the Commission’s requirement to report on Wireless Tower Access Assistance Fund funding, including reporting any grantee(s) failing to file a report or sworn statement in accordance with the law.

13.3.4.c. Wireless Tower Access Assistance Fund Review Committee Reporting. The Committee will prepare a report for the Commission on an annual basis listing the projects which received grant money and are sold after receipt of grant funds, including a description of the terms by which the project sponsor(s) will repay grant monies upon the sale of a grant funded wireless tower.

13.3.5. Terms and conditions for Receiving Financial Assistance from the Fund. Each grant awarded by the Commission will be evidenced by a grant agreement contract between the Commission as the grantor and the project sponsor(s) as the grantee which will include, in addition to those provisions described elsewhere in this Rule, and without limitation and to the extent applicable, the following provisions:

13.3.5.a. The estimated cost of the project and the amount of the grant;

13.3.5.b. The specific purposes for which any items on which the grant proceeds will be expended and the conditions and procedure for disbursing grant proceeds;

13.3.5.c. The duties and obligations imposed by the Commission upon the project sponsor(s) regarding the project;

13.3.5.d. The agreement of the project sponsor(s) will comply with all applicable federal and state laws and all Rules and regulations issued or imposed by the Commission or other state, federal or local bodies regarding the design, acquisition, equipping, and/or construction of the wireless tower and granting the Commission the right to appoint a receiver for the wireless tower project if the project sponsor should default on any terms of the agreement;

13.3.5.e. The project sponsor(s) will provide the Commission with thirty (30) days advance notice of its intent to sell the tower that is the subject of the project, by filing written notice with the Executive Secretary of the Commission, which must include the Tower Assistance Fund (-TAF) docket number for the specific grant that funded the tower.

13.3.5.f. Upon sale by the project sponsor(s) of the tower that is the subject of the project, to the extent that proceeds are available, the project sponsor(s) will reimburse the Wireless Tower Access Assistance Fund the amount of the grant funding, reduced by the applicable share of accumulated depreciation of the project.

13.3.5.g. The grant agreement contract will be governed by the laws of the State of West Virginia.

13.4. Filing and Docketing of Applications.

13.4.1. Applications procedures. The project sponsor will file an original and one copy of the application with the Commission’s Executive Secretary. That office will record the filing in the Commission’s docket using an appropriate designation methodology consisting of a Tower Assistance Fund (-TAF) case designation. The chairman of the Wireless Tower Access Assistance Fund Review Committee will distribute the application filing to the other members of the Committee. The project sponsor will send any additional documents, correspondence, etc., associated with the filing directly to each of the members of the Committee and will file one copy with the Commission’s Executive Secretary. The project sponsor will, upon request of the chairman of the Committee, make electronic copies, in a format specified by that person, of all application documents available, including documents comprising the original application and documents filed subsequently.

13.5. Wireless Tower Access Assistance Fund Review Committee.

13.5.1. Terms of Membership. Membership terms will be for three years. Initial memberships of the Commission Staff representative, the House representative and the Senate representative will be for one year and initial memberships for the County Commissioners' Association of West Virginia representative, the wireless telephone providers representative and the wireless tower construction industry representative will be for two years. Members will serve at the will and pleasure of the appointing authority. The unexpired portion of a vacating member's term will be filled by a replacement appointed pursuant to Rule 2.29, herein.

13.5.2. Bylaws. The Wireless Tower Access Assistance Fund Review Committee will, as soon as possible, draft bylaws and submit them to the Commission for its review and approval. Such bylaws will include, among other necessary provisions of the Committee to conduct business, provisions related to (1) the conduct of public meetings, (2) the publication of the time, location, and agenda of such meetings, (3) Rules for submission of items to the agenda, (4) a provision for minutes of the meetings, (5) copies of the grant application forms as developed by the Committee, and (6) copies of the contracts used to administer the individual grants as developed by the Committee.

13.5.3. Voting. Each Committee member will have one vote on all matters put to a vote by the Committee. A Committee member may, by stating such on a written and signed document submitted to the Committee Chairperson, assign a voting designee when that member is unable to attend a Committee meeting. Members may attend meetings in person or via teleconference facilities. A member or that member's voting designee must be in attendance at a Committee meeting in order to vote on matters at that meeting. Matters voted upon at Committee meetings will be considered passed when a majority of the members and member designees present at the meeting, either in person or via teleconference facilities, vote for the matter.

13.5.4. Quorum. No matter may be put to a vote at a Committee meeting unless a quorum of members and member designees is present at the meeting. A quorum will consist of a total of at least four (4) voting members and/or member designees.

13.5.5. Chairperson. The Committee membership will designate a Chairperson who will be responsible for conducting the business of the Committee. The Chairperson will serve at the will and pleasure of the Committee's members and may be replaced by a majority vote at a Committee meeting at which a quorum is present. The Chairperson, or that person's designee, designated by submission of a signed written document to the Chairman of the Commission, will preside at Committee meetings.

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CMRS SUBSCRIBER FEE REPORT

PSC WV Form No. WLF-1 (Rule 5.1.1) (Effective 9/11/2023)

MONTH OF , 20______

Must remit to the WVPSC by no later than the 17th of the month or the first business day thereafter.

FEIN: ___________________________________________________________________

COMPANY NAME: ___________________________________________________________________

DBA (IF APPLICABLE): ___________________________________________________________________

ADDRESS: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ CONTACT PERSON __________________________________ PHONE __________________________ EMAIL ADDRESS ____________________________________________________________________ Authorized Number of Fees Amount Fee Collected Collected Wireless Enhanced 911 Fee: $___________ X ______________ $__________________ Wireless Tower Fee: $___________ X ______________ $__________________ Public Safety Fee: $___________ X ______________ $__________________ Total Amount Collected: $__________________ Less 3% Administrative Fee: $__________________ Net Payable to PSC: $__________________ MAIL PAYMENT TO: Public Service Commission of West Virginia Administration Division PO Box 812 Charleston, WV 25323 OR, TO FILE ELECTRONICALLY: executive_ director_CMRS@psc.state.wv.us FAX INFO: (304) 340-3753, ATTN: CMRS Subscriber Fee Report

Series 26 Rules And Regulations For The Government Of Cable Television

W. Va. Code R. § 150-26-1 General. -- Franchising Procedures

1.1. Scope. -- These emergency rules pertain to the implementation of provisions of the West Virginia Cable Television Systems Act, W. Va. Code '24D-1-1 et seq.,relating to the regulation of the provision of cable television service by the Public Service Commission of West Virginia.

1.2. Authority. -- W. Va. Code '24D-1-1 et seq.

1.3. Filing Date. B December 23, 1999.

1.4. Effective Date. B February 24, 2000.

1.5. Definitions.

1.5.1. Commission -- The term ACommission@, or APublic Service Commission@ means the Public Service Commission of West Virginia unless a different intent clearly appears from the context.

1.5.2. Franchise fee -- The term Afranchise fee@ means the amount charged the cable operator by the governmental entity granting the cable franchise for the use of public rights-of-way by the cable operator and for other purposes coextensive with that term=s definition under federal law.

1.5.3. Interested party -- The term Ainterested party@ means any person who would be directly affected by a request for an increase in rates or charges submitted to the Commission for approval.

1.5.4. Late fee -- The term Alate fee@ means any fee, assessment, or charge levied by a cable operator for the purpose of recovery of costs of billing and processing balances unpaid by the scheduled due date of a delinquent subscriber=s monthly bill.

1.5.5. Person -- The term Aperson@ means an individual, partnership, associate, joint stock company, trust, corporation, limited liability company, or governmental entity, including any franchising authority.

W. Va. Code R. § 150-26-2 Issuance of Cable Television Franchises

2.1. No cable television franchise shall be granted in this state unless it is awarded in compliance with the procedures set forth in this rule and in compliance with the West Virginia Cable Television Systems Act, W. Va. Code '24D-1-1 et seq.

2.2. Prior to inviting applications for any cable television franchise, a franchising authority shall adopt a request for proposals that shall contain, but need not be limited to, the following:

2.2.1. A description of the cable television system desired by the franchising authority, including any system specifications established by the Commission.

2.2.2. A statement specifying that applicants must use the application form established by the Commission.

2.2.3. A statement indicating the fee to be submitted with the application, and the manner in which such fee is to be submitted.

2.2.4. A statement that all applications must contain the information required by section 2.9 this rule.

2.2.5. The closing date for the submission of applications (which shall be the same as that contained in the public notice).

2.2.6. The name, address, and telephone number of the officials who may be contacted for further information.

2.3. A franchising authority shall invite applications for a cable television franchise by means of a public notice advertising the availability of its requests for proposals. The public notice shall contain, but need not be limited to:

2.3.1. A description of the political or geographic boundaries of the area for which a franchise is sought.

2.3.2. A statement that a formal request for proposals is available to prospective applicants from a municipal, county or Commission officer whose name, address, and telephone number are specified.

2.3.3. A statement that applications for the franchise must be submitted in writing following the application form and manner specified by the Commission no later than a date certain (which date shall be not less than 60 days from the date of final publication of the public notice).

2.3.4. A statement that all applications will be made available for public inspection during normal business hours at a specified location within the county of the cable service area.

2.4. The public notice of request for proposals shall, for cable franchises having a service area with more than one thousand (1000) homes passed, be published in the following manner:

2.4.1. At least once in each two (2) different calendar weeks in a newspaper of general circulation in the county or counties in which the proposed service area is located.

2.4.2. At least once in any two (2) publications that may reasonably be expected to attract the attention of prospective franchise applicants nationally.

2.4.3. The last published notice shall appear at least fifteen (15) days prior to the date of the hearing.

2.4.4. Public notice advertising proposals for more than one franchise may be published together within the same ad.

2.5. The public notice of request for proposals shall, for cable franchises having a service area with one thousand (1000) homes passed or less, be published in the following manner:

2.5.1. At least once in each two (2) different calendar weeks in a newspaper of general circulation in the county or counties in which the proposed service area is located.

2.5.2. At least once in each two (2) different calendar weeks in a newspaper having significant general statewide circulation in West Virginia, or significant general circulation in Charleston, West Virginia.

2.5.3. The last published notice shall appear at least fifteen (15) days prior to the date of the hearing.

2.5.4. Public notice advertising proposals for more than one franchise may be published together within the same ad.

2.6. Promptly upon the filing of its public notice of request for proposals to any magazine or newspaper for publication, the franchising authority shall furnish the Commission true and complete copies of:

2.6.1. The proposed public notice; and

2.6.2. The formally adopted request for proposals.

2.7. Upon receipt of proof of publication from the publishers, the franchising authority shall forward a copy of such proof to the Commission.

2.8. If the franchising authority is the Commission, notice shall be given to the city council and mayor of any municipalities affected, the county commission of any counties affected and to any telephone or other utility and cable company in the county or counties affected by the proposed service area.

2.9. Every applicant submitting a franchising authority for a cable television franchise shall use the application form established by the Commission to provide the information necessary to determine whether a cable franchise should be issued. (See Form No. 1).

2.10. The franchising authority shall not accept applications for a cable franchise that do not use the form provided by the Commission. The franchising authority shall not accept applications which have not followed the instruction and format required by the Public Service Commission.

2.11. The application must provide all information required by the Commission before it may be accepted for filing and considered by the franchising authority.

2.12. The franchising authority shall notify an applicant in writing that its application for a cable franchise has been either accepted for filing or rejected within thirty (30) days of receipt of the application.

2.13. If an application for a franchise is rejected as incomplete or for failing to use the proper form and format of the application form provided by the Commission, the franchising authority shall notify the applicant in writing the reasons for rejection and provide an applicant thirty (30) days to file a correct and completed application.

2.14. The franchising authority shall use due diligence to investigate and assess the technical ability, financial condition, and character of every applicant in order to determine whether it would be in the public interest to grant a cable franchise.

2.14.1. Specific factors the franchising authority must consider when determining whether granting a specific cable application would be in the pubic interest are:

2.14.1.a. Any objections arising from the public hearing;

2.14.1.b. The content of the application or proposal;

2.14.1.c. The public need for the proposed service;

2.14.1.d. The ability of the applicant to offer safe, adequate and reliable service at a reasonable cost to the subscribers;

2.14.1.e. The suitability as to the good character of the applicant;

2.14.1.f. The financial responsibility of the applicant;

2.14.1.g. The technical and operational ability of the applicant to perform efficiently the service for which authority is requested;

2.14.1.h. The geography or topography of the proposed service area;

2.14.1.i. The present, planned, and potential expansion in facilities or cable services of the applicant's proposed cable system and any of the applicant's existing cable systems; and

2.14.1.j. Any other matters the franchising authority considers appropriate in the circumstances.

2.15. The franchising authority shall conduct a public hearing prior to awarding any cable television franchise. The hearing shall be preceded by reasonable notice to each of the franchise applicants and to the public and shall be conducted by the franchising authority in accordance with the following procedures:

2.15.1. There shall be an agenda for the hearing which shall specify the proposals to be considered at the hearing.

2.15.2. Every person who has applied for a cable television franchise shall appear at the hearing either in person or by authorized representative. The application of the applicant who does not appear will not be further considered except for good cause shown for the applicant's absence.

2.15.3. All persons shall be given full opportunity to participate in the hearing and to ask questions of any applicant or participant in the hearing, but nothing contained herein shall limit the power of the presiding officer to establish reasonable time limits and otherwise limit repetitive statements or questions.

2.15.4. The notice of hearing shall:

2.15.4.a. Conform to all relevant state and local laws and ordinances;

2.15.4.b. Describe the agenda to be considered at the public hearing; and

2.15.4.c. Indicate that copies of all franchise applications are available for public inspection during normal business hours at a place to be specified in the notice.

2.15.5. Where the franchising authority has received more than one application for a cable television franchise, the hearing required by this section shall be convened not sooner than thirty (30) days following the closing date specified for the filing of such applications.

2.15.6. Notwithstanding the number of applications for a cable television franchise which have been received, the hearing required by this section shall be convened within one hundred twenty (120) days after the later of the following dates:

2.15.6.a. The closing date specified for the filing of such applications; or

2.15.6.b. The earliest date upon which the franchising authority may convene such a hearing pursuant to local law or charter.

2.15.7. The franchising authority shall provide the Commission with a copy of the Notice of Public Hearing at the time it is published.

2.16. If more than one application for a cable television franchise has been received by a franchising authority, a franchise may be awarded by that franchising authority no sooner than thirty (30) days following the public hearing held pursuant to this rule.

2.17. Notwithstanding the number of applications for a cable television franchise which have been received, the franchising authority shall either award a cable television franchise or deny all applications before it for the franchise within a period of four months from the public hearing held pursuant to this rule. The failure of the franchising authority to act within this period shall be considered a denial of all cable television franchise applications pending before the franchising authority at such time. Such denial due to failure to act shall be promptly communicated to the applicants in writing.

2.18. A franchising authority may award a cable television franchise only if due diligence is used to prepare a franchise agreement that will protect the interests of the residents of the service area affected by the proposed franchise.

2.19. Upon the award of a cable television franchise, the franchising authority shall include in its decision awarding the franchise the reasons for the award and for the selection of the franchisee.

2.20. The franchise agreement entered into between the franchising authority and the cable operator must contain certain provisions and follow the standards as set forth by law or by guidelines as adopted by the Commission. (See Form No. 2). All franchising agreements must be filed with the Commission and are subject to its review to ensure compliance.

2.21. Provisions contained in franchising agreements entered into after the effective date of the West Virginia Cable Television Systems Act which conflict with or are contrary to law or the guidelines adopted by the Commission are null and void, and the Commission may institute action under W. Va. Code '24D-1-1 et seq. to correct any omission in the contract, as well as to prohibit enforcement of any unlawful or invalid contract provisions.

2.22. After considering all matters of record regarding a cable franchise application, a franchising authority may, in its discretion, issue only a partial exercise of the franchise sought or may attach to the franchise granted any franchise terms or limitations which the franchising authority considers necessary for the public interest.

2.23. If a franchising authority, after investigation and consideration of an application for a franchise, decides to reject or grant only part of the franchise, it shall set forth in writing its decision and the reasons for it.

W. Va. Code R. § 150-26-3 Renewal of Existing Cable Television Franchises

3.1. At any time within the final three years of a franchise, the franchising authority may, and shall if requested by the cable operator, conduct a public hearing which gives the public in the franchise area an opportunity to identify the franchise area's future cable-related needs and interests and to review the past performance of the cable operator during the current franchise.

3.1.1. Notice of the public hearing shall be published at least once in each of two (2) different calendar weeks in a newspaper of general circulation in the county or counties in which the franchise area is served. The last published notice shall appear at least fifteen (15) days prior to the date of the hearing.

3.2. Upon completion of a public hearing pursuant to subsection 3.1 of this rule, a cable operator may submit a proposal for renewal of a franchise to the appropriate franchising authority by a date established by the franchising authority.

3.3. Every proposal for a renewal of a franchise shall be on the form established by the Commission to provide the information necessary to determine whether a renewal should be granted. (See Form No. 1).

3.4. The franchising authority shall not accept proposals for renewal of franchises that do not use the form provided by the Commission. The franchising authority shall not accept proposals for renewal that have not followed the instructions and format required by the Commission.

3.4.1. A franchising authority may invite applications for a cable television franchise for the service area up for renewal at any time before or during the renewal process. If a franchising authority decides to invite such applications, it shall follow the procedures set forth in this rule to obtain and evaluate such applications.

3.5. The proposal for renewal must provide all information required by the Commission before it may be accepted for filing and considered by the franchising authority.

3.5.1. The franchising authority shall promptly provide the Commission with a copy of the proposal for a renewal.

3.5.2. If a franchised cable operator submits a proposal for renewal, the franchising authority shall notify the franchised cable operator in writing that its proposal for renewal has been either accepted for filing or rejected within thirty (30) days of receipt of the renewal proposal.

3.5.3. If a proposal for a renewal is rejected as incomplete or for failing to use the proper form and format of the proposal for renewal form provided by the Commission, the franchising-authority shall notify the franchised cable operator in writing the reasons for rejection and provide the franchised cable operator thirty (30) days to file a correct and completed proposal for renewal.

3.6. Upon the filing of a proposal for renewal of a franchise, either pursuant to subsection 3.2. of this rule or at anytime within the final three (3) years of the franchiser the franchising authority shall provide prompt public notice of such filing and, within four (4) months of the completion of any proceeding under subsection 3.1. of this rule, or if no such proceedings were held, then within four months of the filing of the proposal, shall either renew the franchise or issue a preliminary determination that the franchise should not be renewed.

3.6.1. Following the filing of a proposal for renewal, the franchise authority shall commence an administrative proceeding and provide public notice of such proceeding to consider whether the renewal should be granted based on whether:

3.6.1.a. The cable operator has substantially complied with the material terms of the existing franchise and with applicable law;

3.6.1.b. The quality of the cable operators service, including signal quality, response to consumer complaints, and billing practices has been reasonable in light of community needs;

3.6.1.c. The cable operator has the financial, legal and technical ability to provide the services, facilities, and equipment as set forth in the cable operator's proposal for renewal; and

3.6.1.d. The cable operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the costs of meeting such needs and interests.

3.6.2. In any administrative proceeding conducted under subsection 3.6.1. of this rule the cable operator shall be given thirty (30) days notice of the date of the proceeding and the issues to be addressed unless both the cable operator and the franchising authority stipulate to a different notice period. The Commission shall also be given notice of this proceeding.

3.6.3. Both the cable operator and the franchising authority, or its designee, shall be given fair opportunity to participate fully in the proceeding. Such participation shall include the right to introduce evidence, question and cross-examine witnesses, and to require the production of evidence.

3.6.4. A transcript shall be made of the administrative proceeding.

3.6.5. Within sixty (60) days after the completion of an administrative proceeding conducted pursuant to subsection 3.6.1. of this rule the franchising authority shall issue a written decision and the reasons for granting or denying the proposal for renewal of a franchise. The franchising authority shall promptly transmit a copy of its decision to both the cable operator and the Commission. Any renewal of a franchise granted by a franchising authority may be for a period of not less than five (5) nor more than twenty (20) years.

3.6.6. A franchising authority=s decision to deny a renewal must be based upon one or more adverse findings made with respect to the factors outlined in subsections 3.6.1.a. through 3.6.1.d. of this rule. A franchising authority, however, may not base a denial of renewal on either subsection 3.6.1.a. or 3.6.1.b. of this rule, or:

3.6.6.a. For events which occurred after October 30, 1984, unless the franchising authority provided the operator with notice of the events and the opportunity to correct any problems;

3.6.6.b. In any case where it is documented that the franchising authority waived its right to object or effectively acquiesced into the practices of the cable operator.

3.7. Any cable operator aggrieved by a final decision of a franchising authority issued pursuant to administrative proceedings pursuant to subsection 3.6.1. of this rule may seek judicial review of that decision within one hundred twenty (120) days of their receipt of the decision from the franchising authority.

3.7.1. Any cable operator having its proposal for renewal denied pursuant to subsection 3.6.6. of this rule may at the appropriate time submit an application for a franchise following the procedures set forth in this rule. Such an application for a franchise shall be considered according to the criteria set forth in this rule.

3.8. The franchise renewal agreement entered into between the franchising authority and the cable-operator must contain certain provisions and follow the standards as set forth by law or by guidelines as adopted by the Commission. All franchise renewal agreements must be filed with the Commission and are subject to its review to ensure compliance.

3.9. Provisions contained in franchise renewal agreements entered into after the effective date of the West Virginia Cable Television Systems Act which conflict with or are contrary to law or the guidelines adopted by the Commission are null and void, and the Commission may institute action W. Va. Code '24D-1-1 et seq. to correct any omission in the contract, as well as prohibit enforcement of any unlawful or invalid to contract provisions.

W. Va. Code R. § 150-26-4 Issuance of Cable Television Franchise to Non-Franchised Cable Operators Already Providing Cable Service

4.1. A franchising authority may, on its own initiative, conduct a public hearing which gives the public in a potential cable franchise area an opportunity to identify that area's future cable related needs and interests and to review the past performance of any non-franchised cable operator who may currently provide cable service or who may have provided cable service in the past two years to that area.

4.1.1. Notice of the public hearing shall be published at least once in each of two (2) different calendar weeks in a newspaper of general circulation in the county or counties in which the franchise area is served. The last published notice shall appear at least fifteen (15) days prior to the date of the hearing.

4.2. A non-franchised cable operator shall, within sixty (60) days after receipt of notice from the Commission of the identity of its franchising authority or authorities, file an application for a franchise. This notice shall be provided by the Commission pursuant to W. Va. Code '24D-1-1 et seq.

4.3. A franchising authority may also invite applications for a cable television franchise for areas not served by a franchised operator and for areas served by a non-franchised operator. If a franchising authority desires to invite such applications, it shall follow the procedures set forth in this rule to obtain and evaluate such applications.

4.3.1. If a cable operator submits an application for a franchise for an area already serviced by a non-franchised operator, the non-franchised operator servicing the area shall be afforded notice of the hearing held pursuant to this rule. Such non-franchised operator shall be given an opportunity at that hearing to present evidence, examine and cross-examine witnesses, and to require the production of evidence regarding: (1) the new applicant's financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the new applicant's proposal and (2) whether or not the new applicant's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests.

4.4. Every application for a franchise from a non-franchised cable operator shall be on the form established by the Commission to provide the information necessary to determine whether a franchise should be issued. (See Form No. 1.)

4.5. The franchising authority shall not accept applications for a cable franchise from non-franchised operators that do not use the form provided by the Commission. The franchising authority shall not accept applications which have not followed the instructions and format required by the Commission.

4.6. The application for a franchise must provide all information required by the Commission before it may be accepted for filing and considered by the franchising authority.

4.6.1. The franchising authority shall promptly provide the Commission with a copy of any application for franchise the franchising authority receives from non-franchised cable operators.

4.7. If a non-franchised cable operator submits an application for a franchise, the franchising authority shall notify the non-franchised cable operator in writing that its application for a franchise has been either accepted for filing or rejected within thirty (30) days of receipt of the application.

4.7.1. If an application for a franchise is rejected as incomplete or for failing to use the proper form and format of the application form provided by the Commission, the franchising authority shall notify the applicant in writing the reasons for rejection and provide an applicant thirty (30) days to file a correct and completed application.

4.8. The franchising authority shall use due diligence to investigate and assess the technical ability, financial condition, and character of every applicant in order to determine whether it would be in the public interest to grant a cable franchise.

4.8.1. Specific factors the franchising authority must consider when determining whether granting a specific cable application would be in the pubic interest are:

4.8.1.a. Any objections arising from the public hearing;

4.8.1.b. The content of the application or proposal;

4.8.1.c. The public need for the proposed service;

4.8.1.d. The ability of the applicant to offer safe, adequate, and reliable service at a reasonable cost to the subscribers;

4.8.1.e. The suitability as to the good character of the applicant;

4.8.1.f. The financial responsibility of the applicant;

4.8.1.g. The technical and operational ability of the applicant to perform efficiently the service for which authority is requested;

4.8.1.h. The geography or topography of the proposed service area;

4.8.1.i. The present, planned, and potential expansion in facilities or cable services of the applicant's proposed cable system and any of the applicant=s existing cable systems; and

4.8.1.j. Any other matters the franchising authority considers appropriate in the circumstances.

4.8.2. Because the non-franchised cable operator has established a record of service in a specific area, the franchising authority should also especially consider whether the past quality of the operator's service, including signal quality, response to consumer complaints, and billing practices have been reasonable in light of past community needs.

4.9. The franchising authority shall conduct a public hearing prior to awarding any cable television franchise to a non-franchised operator who has provided cable service. The hearing shall be preceded by reasonable notice to the non-franchised operator and to the public and shall be conducted by the franchising authority in accordance with the following procedures:

4.9.1. There shall be an agenda for the hearing which shall specify the proposal to be considered at the hearing.

4.9.2. The non-franchised operator who has applied for a cable television franchise shall appear at the hearing either in person or by authorized representative. The application of the non-franchised operator who does not appear will not be further considered except for goad cause shown for the absence.

4.9.3. All persons shall be given full opportunity to participate in the hearing and to ask questions of the non-franchised operator or participant in the hearing, but nothing contained herein shall limit the power of the presiding officer to establish reasonable time limits and otherwise limit repetitive statements or questions. A transcript of the hearing shall be made.

4.9.4. The notice of hearing shall:

4.9.4.a. Conform to all relevant state and local laws and ordinances;

4.9.4.b. Describe the agenda to be considered at the public hearing; and

4.9.4.c. Indicate that a copy of the franchise application is available for public inspection during normal business hours at a place to be specified in the notice.

4.9.5. The hearing required by this subsection shall be convened not sooner than thirty (30) days nor later than one hundred twenty (120) days following the filing of the application.

4.9.6. The franchising authority shall provide the Commission with a copy of the Notice of Public Hearing at the time it is published.

4.10. The franchising authority shall issue a decision on the application for a franchise from a non-franchised cable operator as soon as practicable after the public hearing but not later than sixty (60) days after the hearing is concluded. The franchising authority shall promptly notify the non-franchised operator and the Commission in writing of its decision.

4.10.1. A franchising authority may award a franchise to a non-franchised cable operator who has provided cable service in the past to the proposed franchise area only if due diligence is used to prepare a franchise agreement that will protect the interests of the residents of the service area affected by the proposed franchise.

4.10.2. The franchising agreement entered into between the franchising authority and the previously non-franchised cable operator must contain certain provisions and follow the standards as set forth by law or by guidelines as adopted by the Commission. All franchising agreements must be filed with the Commission and are subject to its review to ensure compliance.

4.10.3. Provisions contained in franchising agreements entered into after the effective date of the West Virginia Cable Television Systems Act which conflict with or are contrary to law or the guidelines adopted by the Commission are null and void, and the Commission may institute action under W. Va. Code '24D-1-1 et seq. to correct any omission in the contract, as well as to prohibit enforcement of any unlawful or invalid contract provisions.

4.10.4. After considering all matters of record regarding a cable franchise application from a previously non-franchised cable operator, a franchising authority may, in its discretion, issue only a partial exercise of the franchise sought or may attach to the franchise granted any franchise terms or limitations which the franchising authority considers necessary for the public interest.

4.10.5. If a franchising authority, after investigation and consideration of an application for a franchise, decides to reject or grant only part of the franchise, it shall set forth in writing its decision and the reasons for it.

W. Va. Code R. § 150-26-5 Procedure For Granting Transfer of a Cable Franchise or Cable System

5.1. Every application submitted to a franchising authority for the transfer of a cable franchise or non-franchised cable system (hereinafter Acable system@) shall use the Federal Communication Commission (hereinafter FCC) Form 394 to provide the information necessary to determine whether a transfer should be granted. (See FCC Form 394.)

5.2. The franchising authority shall not accept applications for transfer of a cable franchise or cable system that do not use the FCC Form 394. The franchising authority shall not accept applications which have not followed the instruction and format required by the FCC.

5.3. The application must provide all information required by the FCC before it may be accepted for filing and considered by the franchising authority. A franchising authority shall have 120 days from the date of submission of a completed FCC Form 394, together with all exhibits and any additional information required by the terms of the franchise agreement to act upon an application to sell, assign or otherwise transfer controlling ownership of a cable system franchise.

5.4. Any franchising authority that questions the accuracy of the information provided under 5.3. above or completeness of the application, must notify the applicant in writing within thirty (30) days after receipt of the application or such information will be deemed accepted and the application will be deemed to be complete, unless the cable operator has failed to provide any additional information recently requested by the franchising authority within ten days of such receipt.

5.5. If an application for a transfer of a cable franchise or cable system is rejected as incomplete or for failing to use the proper form and format of the application form provided by the FCC, the franchising authority shall notify the applicant in writing the reasons for rejection in accordance with the time frames established in 5.4. above.

5.6. The franchising authority shall use due diligence to investigate and assess the technical ability, financial condition, and character of every transfer applicant in order to determine whether it would be in the public interest to grant a transfer.

5.6.1. Specific factors the franchising authority must consider when determining whether granting a specific cable transfer application would be in the pubic interest are:

5.6.1.a. Any objections arising from the public hearing;

5.6.1.b. The content of the application or proposal;

5.6.1.c. The public benefit from the transfer;

5.6.1.d. The ability of the applicant to offer safe, adequate and reliable service at a reasonable cost to the subscribers;

5.6.1.e. The suitability as to the good character of the applicant;

5.6.1.f. The financial responsibility of the applicant;

5.6.1.g. The technical and operational ability of the applicant to perform efficiently the service for which authority is requested;

5.6.1.h. The ability of the transfer applicant to provide the present, planned, and potential expansion in facilities or cable services agreed to by the current franchise holder; or where no such agreement exists the ability of the transfer applicant to provide the expansion in facilities and cable services consistent with the reasonable future cable-related community needs and interests; and

5.6.1.i. Any other matters the franchising authority considers appropriate in the circumstances.

5.7. The franchising authority may conduct a public hearing prior to granting any transfer of a cable franchise or cable system. The hearing shall be preceded by reasonable notice to the transfer applicant, the transferring cable operator, and the public and shall be conducted by the franchising authority in accordance with the following procedures:

5.7.1. There shall be an agenda for the hearing which shall specify the transfer(s) to be considered at the hearing.

5.7.2. Every person who has applied for a transfer of a cable franchise or cable system shall appear at the hearing either in person or by authorized representative. The application of the applicant who does not appear will not be further considered except far good cause shown for the absence.

5.7.3. All persons shall be given full opportunity to participate in the hearing and to ask questions of any applicant or participant in the hearing, but nothing contained herein shall limit the power of the presiding officer to establish reasonable time limits and otherwise limit repetitive statements or questions.

5.7.4. The notice of hearing shall:

5.7.4.a. Conform to all relevant state and local laws and ordinances;

5.7.4.b. Describe the agenda to be considered at the public hearing; and.

5.7.4.c. Indicate that copies of all transfer applications are available for public inspection during normal business hours at a place to be specified in the notice.

5.7.5. The hearing may not be held unless the public has been given notice pursuant to subsection 5.7.4. of this rule, at least thirty (30) days prior to the date of the hearing.

5.7.6. If a public hearing is held, the franchising authority shall provide the Commission with a copy of the Notice of Public Hearing for Transfer at the time it is published.

5.8. The franchising authority shall either grant or deny a transfer of a cable franchise or cable system within a period of one hundred twenty (120) days from receipt of the application for transfer of the cable franchise or cable system. If a franchising authority fails to act within this period, the request shall be deemed granted unless the franchising authority and requesting party otherwise agree to an extension. The endorsement of the transfer of a franchise shall be made on Form No. 3.

5.9. A franchising authority may grant a transfer of a cable franchise or cable system only if due diligence is used in reviewing the transfer application to protect the interests of the residents of the service area affected by the proposed transfer.

W. Va. Code R. § 150-26-6 Requests for Information

6.1. The Commission may in the conduct of its duties require cable operators in West Virginia and those cable operators applying for franchise agreements within West Virginia, to provide information and documents as may be necessary to meet the responsibilities of the Commission and objectives of the West Virginia Cable Television Systems Act.

W. Va. Code R. § 150-26-7 Violation of Rules; Penalties

7.1. For each violation of these rules the Commission may fine a cable operator in an amount not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1000.00) for each violation. Each day of non-compliance with a court order or injunction issued in connection with the enforcement of these rules or the West Virginia Cable Television Systems Act is a separate violation.

W. Va. Code R. § 150-26-8 Severability

8.1. If any provision of any subparagraph, subsection or section of these rules is held unconstitutional or void, the remaining provisions of such subparagraph, subdivision, subsection or section remain valid to the extent permitted under law.

W. Va. Code R. § 150-26-9 Notification of Service and Rate Changes

9.1. Cable operators are required by W. Va. Code '24D-1-1 et seq. to provide all subscribers with sufficient advance written notice of any retiering of channels or increase of rates for service so that subscribers have the opportunity to discontinue service prior to the imposition of the notified rate increase or retiering. A Cable operator shall provide the subscriber advance written notice at least thirty (30) days before any rate increase or retiering takes effect, and shall provide a copy of the notice contemporaneously to the Commission.

9.2. Cable operators shall notify the Commission of any change in cable service rates and submit the new schedule of rates on the form prescribed by the Commission for that purpose at least sixty (60) days prior to the effective date of the rates.

W. Va. Code R. § 150-26-10 Payment of Annual Fees

10.1. Pursuant to W. Va. Code '24D-1-25 each and every cable operator is required, to pay the Commission by September 1 of each year an annual fee of twelve (12) cents per subscriber. To the extent that the payment of this annual fee is, when computed together with any franchise fee paid or owing, greater than five (5) percent of the cable franchise's gross annual revenues, then the payment of this annual fee shall be deducted from and credited as an offset to any franchise fee amount to be paid to the franchising authority. In all other cases the annual fee shall be in addition to the franchise fee owed to the franchising authority.

W. Va. Code R. § 150-26-11 Payment of Filing and Document Fees

11.1. Pursuant to W. Va. Code '24D-1-20, teach and every cable franchisee which is filing an initial, renewal or transfer of franchise document is required to pay the Commission at the time of filing the franchise document a filing fee of fifty dollars ($50).

11.2. Pursuant to W. Va. Code '24D-1-20 in each year a filing fee is not required to be paid then each and every cable franchise shall pay to the Commission beginning in 1999 by September 1 of each year a document fee of twenty-five dollars ($25) for each franchise it holds. To the extent that the payment of this documents fee is, when computed together with any franchise fee paid or owing, greater than five (5) percent of the cable franchise's gross annual revenues, then the payment of this document fee shall be deducted from and credited as an offset to any franchise fee amount to be paid to the franchising authority. In all other cases this document fee is in addition to the franchise fee owed to the franchising authority.

W. Va. Code R. § 150-26-12 Charges for Disconnection and Downgrades

12.1. Notwithstanding any franchise agreement provision to the contrary, after the effective date of this rule no cable system shall charge a subscriber any fee for the disconnection of cable service.

12.2. Unless contrary to federal law or otherwise specifically provided for in an existing franchise agreement, after the effective date of this rule no cable system shall charge a subscriber any fee for changing to a less expensive cable service tier except where:

12.2.1. The downgrade charge is applied only to subscribers who have not been subject to a rate increase within the proceeding thirty (30) days; and

12.2.2. The downgrade charge does not exceed the lesser of the actual out of pocket cost to perform the downgrade or the usual connection fee for new subscribers charged by the cable system. In no event shall the downgrade charge exceed fifty dollars ($50).

12.3. Where a subscriber seeks to switch and substitute one or more premium channels with a less expensive premium channel or group of premium channels, this change in service shall not be considered a downgrade subject to this rule, and, the cable operator may charge a reasonable fee for this change in service.

W. Va. Code R. § 150-26-13 Notice of Potential Transfers Due to Encumbrances

13.1. In any encumbrance of a cable system's assets whereby all or substantially all of the cable system's assets are pledged as security for a note or subject to a lien to obtain financing, the loan agreement as well as all other security agreements pertinent to the loan agreement shall contain the following disclosures:

13.1.1. "Notwithstanding anything to the contrary in the loan agreement or any other security agreements pertinent to the loan agreement a default or assignment under the agreements does not constitute automatic transfer of the cable system's franchise rights. The appropriate franchise authority's approval must be sought before the transfer of franchise rights in accordance with W. Va. Code '24D-1-1 et seq. and, these rules.

13.1.2. "In the event of an act of default prompting the secured party or lienholder to seek foreclosure, the parties or petitioners agree to notify the proper franchise authority and the Commission within seven (7) days after the default. This notification is to give the franchise authority and the Commission the opportunity to determine if the default would cause inadequate, unsafe, or unreliable service in violation of W. Va. Code '24D-1-1 et seq.

W. Va. Code R. § 150-26-14 Rules And Regulations For The Government Of Cable Television

14.1. Except where these rules specify otherwise, administrative procedures for consumer complaint resolution and franchising issues before the Commission under the West Virginia Cable Television Systems Act, West Virginia Code '24D-1-1 et seq., shall be governed by the Commission=s Rules of Practice and Procedure, 150 CSR 1.

W. Va. Code R. § 150-26-15 Rate Regulation

15.1. The Commission is authorized by W. Va. Code '24D-1-1 et seq. to regulate rates and charges of cable television systems to the extent allowed by federal law. The Congress of the United States established a national policy concerning cable communications. (P.L. 98-549 as codified at 47 U.S.C. '521 et seq.) Subsequently, Congress amended this national policy to allow limited regulation of rates and charges by franchising authorities including the Commission. (P.L. 102-305) However, the Commission must become certified with the Federal Communications Commission (hereinafter AFCC@) before the Commission may undertake regulation of rates and charges. (47 U.S.C. '543) Part of the certification criteria is the requirement that the Commission adopt regulations consistent with the FCC's regulations regarding rates subject to regulation under 47 U.S.C. '543 and that the Commission adopt regulations regarding rate regulations proceedings which provide a reasonable opportunity for the consideration of the views of interested parties.

15.2. The Commission will follow the rate regulations now or in the future promulgated by the FCC and all rate regulation proceedings shall be in accord with such FCC regulations. All parties to any rate regulation proceeding before the Commission should make reference to and consult the appropriate FCC regulations.

15.3. Any interested party shall be allowed to present his/her/its views regarding any request for cable rate approval to the Commission for consideration. Any interested party may make a written submission by hand delivery or by United States' mail, return receipt requested, which must be received at the Commission's offices no later than ten (10) calendar days prior to the first date the Commission is required to act on any request for cable rate approval. If the Commission invokes its authority to extend the time allowed for consideration of any request, no written submission may be filed during the extension period. In addition to or in lieu of a written submission, any interested party may appear before the Commission at any meeting at which any request for cable rate approval is to be considered. As the Commission is not required by federal law to hold a hearing on any request for cable rate approval, any interested party desiring to speak at a hearing, if one is held, shall notify the Executive Secretary of the Commission of such intent no later than the last business day before any such hearing is to be held. When any request for cable rate approval is filed with the Commission any interested party may file with the Executive Secretary a contingent statement of intent to make an appearance at any hearing. The interested party shall provide the Executive Secretary such information as the Executive Secretary may deem necessary for purposes of giving notice (telephonically, if possible, and/or by United States mail return receipt requested if feasible) of any hearing which may be scheduled pursuant to such request for cable rate approval. In the event a hearing is scheduled, the Executive Secretary shall give any interested party which has filed a contingent notice of intent such reasonable notice of the hearing as may be possible.

W. Va. Code R. § 150-26-16 Notice of Requirements When Cable Operator Proposes to Install Cable Television Service or Facilities Upon Property of Landlord

16.1. The notice required under W. Va. Code '24D-2-7 shall contain the following:

16.1.1. The name and address of the landlord;

16.1.2. The name and address of the cable operator;

16.1.3. A citation to the West Virginia Cable Television Systems Act, W. Va. Code '24D-1-1 et seq.

16.1.4. A description of the facilities and equipment to be installed upon the property;

16.1.5. A short description of the property upon which the installation is to be made; and

16.1.6. The approximate date of installation.

16.2. The requirements of section 16.1. will be deemed to be met when the required notice is in a form in substantial compliance to Form No. 4.

16.3. Whenever written notice of installation is required to be served on a tenant, landlord, or authorized agent the following shall be deemed to be proof that service of the written notice has been made:

16.3.1. A statement signed by the person upon whom the notice is to be served which indicates the date the notice was served; or

16.3.2. A statement signed by a credible person, over the age of eighteen (18), that the written notice was personally delivered by such person to the person upon whom it is to be served or that person's authorized agent and showing the date service of the notice is accomplished; or

16.3.3. The return receipt of delivery by certified mail showing acceptance by the person upon whom the notice is to be served or that person's authorized agent.

W. Va. Code R. § 150-26-17 Calculation and Collection of Late Fees

17.1. Cable operators electing to charge late fees may charge a fixed fee of not more than two dollars ($2.00) on the unpaid balance after the scheduled due date.

17.2. Cable operators must provide written notice to cable subscribers of the operator's late fee policy prior to charging any late fees. One of the following methods shall be used:

17.2.1. For companies with monthly, bi-monthly or quarterly billing periods, notice shall be printed on or supplied with each billing statement detailing the scheduled due date and the amount or percentage rate of any possible late fee; or

17.2.2. For companies with annual or coupon book billing systems, a written notice must be supplied to each subscriber at least annually detailing the due date and amount or percentage rate of any possible late fee. This information may be included with any notice required by W. Va. Code '24D-1-1 et seq. or by federal law to be delivered to subscribers.

17.3. A cable operator may collect a late charge only once on any individual billing statement for a billing period, however long it remains unpaid.

17.4. A cable operator may not impose a late fee unless the scheduled due date of a payment is at least twenty days following the date the bill or statement for such payment is mailed to the subscriber by placing the same, postage prepaid, in the United States mail.

W. Va. Code R. § 150-26-18 Notices to be Mailed and Filed by Cable Operators

18.1. Annually, every cable operator shall mail to each of its subscribers a notice which informs subscribers how to communicate their views and complaints to the cable operator and to the Commission. (See Form No. 5). Every cable operator must file with the Commission a certification form that the notice was sent to its subscribers. (See Form No. 6).

W. Va. Code R. § 150-26-19 Annual Report

19.1. Annually, every cable operator shall file an annual report with the Commission. (See Form No. 7). The Commission shall waive the filing of Schedule M of Form No. 7. However, a cable operator shall be required to file Schedule M upon request by the Commission. Upon written request and for good cause shown, the Commission may approve or disapprove, through its Executive Secretary, a reasonable extension of time to file the financial and statistical (or annual) report. Such application is to be made before the expiration of the time for filing the report.

W. Va. Code R. § 150-26-20 Technical Standards

20.1. The Commission of West Virginia adopts by reference the Federal Communications Commission=s rules on technical standards in effect as of the effective date of these rules.

FORM NO. 1 AND INSTRUCTIONS

APPLICATION OR PROPOSAL FOR GRANT OR

RENEWAL OF A CABLE FRANCHISE

A. Introduction The purpose of this application or proposal (Aapplication@) form is to comply with the provisions of the West Virginia Cable Television Systems Act, West Virginia Code '24D-1-1 et seq. (1999), and the Cable Communications Policy Act of 1984 (ACable Act@). This document contains or refers to information and instructions relating to the preparation and filing of the application; the conditions and provisions regarding the operation and maintenance of the cable communications system; and the procedure to be used in evaluating the application. Appended are forms indicating information which must be provided by the Applicant.

A term used in this document shall have the same meaning as the term is defined in W.Va. Code '24D-1-1 et seq.

Applicant should carefully read the following instructions, since they contain various data and specifications which must be used in the preparation of its application. This document consists of: (1) the General Instructions; (2) the Information Requirements; (3) Applicant=s Affidavit; and (4) Forms A, B, C, D, E, F, G, H, and I.

No application or proposal for renewal or grant of a cable franchise may not be accepted by a Franchising Authority unless it follows the required format and provides all information requested herein.

THE FRANCHISING AUTHORITY RESERVES THE RIGHT TO REQUIRE APPLICANT TO SUBMIT TO THE FRANCHISING AUTHORITY FURTHER AND MORE DETAILED INFORMATION THAT IS CALLED FOR BY THESE INSTRUCTIONS, OR THAT MAY BE INCLUDED IN ANY APPLICATION, ABOUT ANY MATTERS CONCERNING WHICH THE FRANCHISING AUTHORITY MAY INQUIRE.

B. Filing of Application Three (3) copies of Applicant=s application, together with all accompanying enclosures, shall be submitted in sealed envelopes or cartons with the caption: ACABLE FRANCHISE APPLICATION@ addressed to the appropriate Franchising Authority as determined by the Public Service Commission of West Virginia (hereinafter ACommission@). If the Commission is not the Franchising Authority, then the Applicant shall also file one copy of the completed application with the Commission addressed to: Public Service Commission of West Virginia, P. O. Box 812, Charleston, WV 25323.

The application must be accompanied by a filing fee of Two Hundred Fifty Dollars ($250). The filing fee shall be by check made payable to the Franchising Authority.

C. Authorization At the time of application, Applicant shall disclose to the Franchising Authority, in writing, the names, addresses and occupations of all persons who are authorized to represent or act on behalf of the Applicant in those matters pertaining to the application. For each person so authorized, Applicant shall state the limits, if any, of the authority of the individual to make representations or act on behalf of Applicant with respect to matters pertaining to the application. The requirement to make such disclosure shall continue until the Franchising Authority shall have accepted or rejected Applicant=s application or until Applicant withdraws its application.

D. Liability of Parent Entities Applicant should clearly state what other corporations, entities, or persons, if any, are intended to be jointly and severally liable for the obligations of Applicant.

The limitations on the joint and several liability of any corporation, person or entity, if any is proposed, shall be clearly and expressly set forth within the application.

E. Use of Application Forms The application forms have been designed to elicit pertinent data that will be used in evaluating the application. Applicant should provide answers to questions sequentially. If the answer to a particular question is no, or Anot applicable,@ so state. Responses shall include the question numbers and shall incorporate a sufficient portion of the questions to make clear the topic being addressed. Failure to respond to every question or to provide requested information may result in the application being considered unacceptable. A response of Anot applicable@ may be appropriate to specific questions. (AN/A@ means Anot applicable.@)

Applicant should supply answers on the enclosed forms where furnished or on replicas thereof wherever possible. If additional space is needed, the Applicant should show, at the top of each page of the proposal, the form and/or question number which applies to the first question being addressed on that page. The pages should be numbered, for example, AA-1, A-2, etc.@ for the responses to Form A, and similar numbering for other sections.

Applicant is requested to use 8 2" by 11" pages and to avoid oversized pages which cannot be copied easily. Tabulations, such as pro forma sheets, may be reduced to 8 2" by 11" as long as they remain legible. Tabular summaries should be used wherever possible. Where the forms specify a set of column headings to be used in a tabular response, all headings must be used even if some columns are to be blank or are not applicable.

F. Franchise Documents The documents constituting a franchise shall be W.Va. Code '24D-1-1 et seq.; all rules in effect as promulgated by the Commission; the application together with any amendments thereof which are authorized under section H of these instructions; and the franchise agreement.

G. Clarification of Franchise Documents In the event that Applicant has questions as to any terms, conditions or provision of this application or the meaning or interpretation thereof, it may request information or clarification by submitting such request in writing to: Public Service Commission of West Virginia, P. O. Box 812, Charleston, WV 25323.

Applicant, by submitting its application, shall have represented the facts that it agrees that it has no unanswered questions with respect to the application form, and that it has no basis for withdrawal or modification of this application on the basis of misunderstanding.

H. Amendment to Application Corrections of inadvertent errors, if timely received, will be considered. Additional or clarifying information or data may be requested by the Franchising Authority, if, in its judgment such information or data will aid it in analysis of the application.

If ambiguities or inconsistencies are found by the Franchising Authority in the application during the evaluation period, the Franchising Authority may request and upon such request the Applicant shall be required to submit a clarification. Such Clarifications will become part of the application as if they had been submitted with the original application material.

I. Submission of Data on Other Systems Information may be solicited from other communities in which any entity related to Applicant operates cable television systems to determine the quality of its performance in those communities. By submitting an application, Applicant will grant the Franchising Authority or its representatives the right to contact personnel or examine the facilities of such systems. By submitting an application, Applicant consents to both the solicitation of such information by the Franchising Authority and the disclosure of such information by the comparable Franchising Authority where such entities operate.

J. Application Cost The funds expended by Applicant in preparation of its application, shall be at Applicant=s own risk and cost.

K. Consideration of Application Consideration of the application shall be governed by the West Virginia Cable Television Systems Act, W.Va. Code '24D-1-1 et seq., applicable rules, and the Cable Communications Policy Act of 1984, 47 U.S.C. '521 et seq.

II. INFORMATION REQUIREMENTS

A. Financial Statements and Responsibility The application must include a statement of Applicant=s financial condition, financial responsibility and resources, including a financial statement reviewed or audited by an independent public accountant for the most recent fiscal year, and for the last quarter an unaudited statement and a financial statement of any parent organization. The rendering of the financial statements should be in such form as will clearly reveal the extent of the Applicant=s cable operations, including investment in cable facilities, revenues from all sources, expenses of operations, and the accounting policies used in the preparation of the statements including those related to income taxes, parent advances, charge backs, and allocations.

B. History and Experience The application must include a narrative account of Applicant=s history and experience to demonstrate its ability to furnish efficient and dependable service to the public.

The narrative account should include a description of the background and experience of the senior personnel who will manage the operation of the cable system.

C. Description of Proposed System Applicant must include a description of the cable system proposed to be operated and/or installed, including such detail as may permit a proper evaluation of the merits of the application. The description shall include discussions if appropriate, of how service will be converted from any existing facility to any new facility; the potential use of fiber optics in trunk lines and the distribution systems; and the potential use of addressable taps.

Please break down this analysis into several parts, beginning with a projection of demands upon the cable system over the intended term of the franchise. Demand analysis should include discussion of anticipated changes in number of consumers, consumer wants and needs, nature and range of services to be provided, technological advancements, etc. From the demand analysis should flow a discussion of the proposed upgrade or upgrades over the length of the desired term, and then ultimately, an impact analysis of these upgrades on pro forma financial projections during each year of this period (please refer to Form D).

If Applicant proposes a system with a capacity of less than 450 MHZ, it must explain in detail the basis for the belief that such a system will meet future needs and interests or that a more elaborate system with greater capacity is not reasonable in light of costs.

D. Economies of Scale Describe the potential market for cable services within the franchise area. Applicant shall state whether it believes that the provision of cable service in the franchise area will enjoy any real or potential economies of scale and/or scope, and whether the public is better served by the award of one, multiple, or area specific franchises. The Applicant shall provide any documentation or other information which supports its views.

E. Technology Change and West Virginia Telecommunications Infrastructure Since the Franchising Authority may renew a franchise for a period of up to twenty (20) years or grant a new franchise for fifteen years (15), Applicant should describe with particularity how it believes: (1) the technical provision of cable service is likely to change over the period of the franchise; and (2) the demand for cable service in the franchise area is likely to change over that same period (for example, the capability of accommodating High Definition Television, two-way telecommunications to the home, internet access, data transmission, etc.).

F. Access Structure Please indicate the elements of a preferred structure for access, a discussion of other alternative structures considered, and the reasons why the proposed structure is preferred.

G. Substantial Compliance For renewal applications, a demonstration is required that Applicant has substantially complied with the material terms of any existing franchise orders issued by the Franchising Authority and with applicable law.

H. Innovations Please describe any innovations during the last ten years which Applicant has undertaken. These innovations may include technological or consumer service upgrades.

Applicant=s Affidavit This application is submitted by the undersigned who has been duly authorized to make the representations herein on behalf of the Applicant.

Applicant understands that this application will be part of the Franchise Documents, enforceable against Applicant, in the event a franchise is granted as a consequence of this Application.

Applicant recognizes that all representations made in this application are binding upon it and that inaccuracy of or failure to adhere to any such representations may result in revocation of any franchise that may be granted as a consequence of this application.

Consent is hereby given to the Franchising Authority to make inquiry into the legal, character, technical, financial and other qualifications of Applicant and/or any controlling entities by contacting any persons or organizations named herein as references, or by any other appropriate means.

The Applicant certifies and guarantees that the responses are within the financial capabilities of the proposed system as demonstrated on the pro forma statement of Form D, and further guarantees to deliver a cable communications system which is consistent with the responses contained within this application.

The signature hereto declares that the entire contents of this application are true and correct to the best of the undersigned=s knowledge, information and belief.

Firm Name: _________________________________________________________________ Affiant=s Signature: ___________________________________________________________ Official Position: _____________________________________________________________ Subscribed and sworn or affirmed to before me this ______ day of _______________________, ______.

My commission expires ________________________________. ___________________________________________________ Notary Public, State of ________________________________ (If signed outside West Virginia seal must be affixed.)

Form A A.1. Ownership and Control Information Provide the following information:

(A) Complete name and address of Applicant.

(B) Complete name and address of the person to whom communications from the franchising authority should be sent.

(C) Applicant=s business office address.

(D) Name and address of chief executive officer of Applicant.

(E) If the Applicant is a corporation, a statement of ownership, detailing the corporate organization of the Applicant, including the state of incorporation, the names and addresses of the officers, directors, and major stockholders (owning 10 percent or more of Applicant=s stock), and the number of shares of stock held by each. Attach a copy evidencing registration to do business from West Virginia Secretary of State.

(F) If the Applicant is a partnership, a statement of ownership, including the names, addresses and social security numbers or tax identification numbers of all of the general partners and limited partners, if any, and the percent of interest each has in the partnership.

(G) If the Applicant is an individual, a statement of ownership, including the name, address and social security number of Applicant.

(H) If Applicant is owned, in whole or in part, by a corporation or corporations, furnish the name, address and employer identification number for each corporation owning one (1) percent or more of the stock in the Applicant.

(I) If any of the corporate stock in the Applicant is held for any other person who is the beneficial owner of the stock, list the name, address and social security number of the person who votes the stock and his or her official capacity.

(J) List all of the intercompany relationships the Applicant has, including parent, subsidiary and affiliated companies.

(K) The most recent Form 10-K, if any, for the Applicant and all related or controlling entities of Applicant.

Form B CHARACTER QUALIFICATIONS Please provide the following information about Applicant and any controlling entities (hereinafter collectively referred to as AApplicant@). Please identify all controlling entities for which information is provided.

B.1. For the ten-year period immediately preceding the filing of the application, please provide the following information as to Applicant:

a. Has any court or administrative entity entered any judgment, finding, decree or order which determined that Applicant engaged in any activity that involved:

(i) unfair or deceptive trade practices, perjury, fraud, dishonesty, organized crime or racketeering; or (ii) violation of applicable federal, state, or local cable communications law or rules; or (iii) violation of cable franchise provisions; or (iv) violation of the rules, regulations, codes of conduct, or ethics of a self-regulatory trade or professional organization?

If so, please describe each such judgment, order or decree and provide a copy thereof.

b. Has Applicant or any of its officers, directors, or management employees been convicted of any felony criminal offense which involved perjury, misrepresentation, fraud, theft, or bribery? If so, please provide full information concerning each such conviction.

B.2. Has any cable television franchise held by Applicant, its parent corporation, or subsidiary of is parent corporation, been suspended or revoked? If so, please state the relevant circumstances for each such suspension or revocation.

Form C CABLE HOLDINGS OWNED BY APPLICANT C.1. Existing Cable Franchise Interest List any interest the applicant, or any corporation, company or person mentioned in response to items A.1.(A) through and including A.1.(I) previously, has in other cable television systems (or in a franchise for a system which has not yet been built), AM, FM, or television broadcast licenses or permits, newspapers, communications common carriers or manufacturers of cable television equipment, including the name(s) and address(es) of each such operation and the name of the chief executive officer of the franchising authority in which each such cable television system, if any, is located. Furnish the same information with respect to all pending applications for cable television franchises in other jurisdictions.

Form D FINANCIAL RESOURCES Please describe in detail the financing plan for any construction and the continuing operation of the Applicant=s cable system. Documentation of the debt of financing is to be provided by a funding organization. If the funding is to be provided through any parent, then the ability to obtain financing and sources of the parent must be documented including financial statements of the parent. Proof of financial capability shall include the following:

D.1. Source of Financing (A) Furnish a documented plan for financing the proposed system, which shall indicate specifically every significant anticipated source of capital and any and all limitations and/or conditions with respect to he availability of the indicated sources of capital, including both debt and equity.

(B) Furnish a statement of financial projections, and including as a minimum, names of creditors holding any indebtedness of the applicant at time of filing this application, the amount, percentage of outstanding indebtedness and the terms of indebtedness; a pro forma schedule setting forth a profit and loss statement for a five-year period, a statement showing total sources of funds and uses of funds; a balance sheet of assets and liabilities for the same five-year period; a schedule of projected subscribers, subscriber revenues and non-subscriber revenues for the same five-year period; a schedule setting forth direct operating expenses for the same five-year period; and a schedule of capital expenditures for the same five-year period.

D.2. Contact in Outside Audit Firm For Applicant, any parent company, and the principals, provide the name, title, address and telephone number of an appropriate contact person in each outside audit firm utilized within the past five years.

D.3. Financial Statement Submit a financial statement for the Applicant reviewed or audited by an independent public accountant for the most recent fiscal year, and for the last quarter an audited statement, and a financial statement for the relevant parent organization, if any, audited by an independent public accountant for the most recent fiscal year.

Form E ANTICIPATED CONSTRUCTION PRACTICES E.1. Furnish a timetable for completion of construction of the proposed system, which timetable shall assure uniform availability of service throughout the designated service area.

E.2. Construction Completion - Provide a complete list of all facilities to be constructed, their function and general description, and their estimated date of completion.

E.3. Construction Complaint Resolution - Describe practices for complaint resolution during any construction.

E.4. Construction Maps - Attach copies of relevant topographical maps designating current service area boundaries and proposed service area boundaries over the next five years. Please highlight roads paralleling the cable service area.

Form F CHANNEL CAPACITY AND SYSTEM DESIGN F.1. Furnish a statement of channel capacity, including the total number of channels in the proposed system, the total number of channels to be activated immediately, and the number of designated public, educational or governmental channels.

F.2. Furnish a statement of the television and radio broadcast signals to be carried, together with a description of programming and other services to be offered, including access, interconnect and institutional services, if not shown on Form G.

F.3. Furnish a description of the proposed system design and planned operation, including at least the following:

(A) The general area for location of headend(s) and antenna(s), if known, furnish map coordinates;

(B) The extent and type of interactive services to be offered on both the residential and institutional industrial networks, together with a schedule for their activation or projected availability from particular points;

(C) The extent and type of automated services to be provided;

(D) The location of origination points and origination facilities;

(E) The number of channels to be activated immediately for public access and institutional uses; the facilities, equipment, and staff to be made available for such uses and a schedule of charges for facilities, personnel and utilization of such channels and services (such schedule of charges shall be included in the proposed tariff);

(F) The provisions for expansion of channel capacity and other upgrading of the technical capabilities of the system as technological improvements become available;

(G) The general system design, the type of system, the distribution system, two-way capability and the method of interconnection with other systems in West Virginia; and (H) The extent and purpose(s) to which the Company proposes to use microwave technology, and the name and address of the Company representative responsible for obtaining necessary FCC approval(s).

F.4. Emergency Alert System Describe your existing and/or proposed Emergency Alert System including make and model numbers of equipment. Indicate whether system will override all audio and video channels or only audio channels. Also indicate how and from where the system will be activated.

F.5. Subscriber Converter Availability Please explain your present and future policies concerning availability of converters for subscribers as well as any costs to subscribers for such converters.

F.6. Closed Captioning Devices In regard to closed captioning or other services for the hearing impaired, what, if any, services have been and will be made available? If any such provisions are made, please indicate type and availability of equipment to be utilized.

F.7. Service Level Isolation (A) Pay Cable Isolation - Describe design specifications for the delivery of pay cable television, including methods of security (e.g., negative-option or positive-option traps, sync suppression, addressable converters, etc.).

(B) Tier Isolation - If more than one basic service tier is to be provided, describe how lower tier subscribers will be isolated from receiving upper tier programming.

(C) Scrambling System - While no proprietary data is required, state for each scrambling system used whether demodulation and remodulation must occur at headends, hubs, or subscriber equipment, and provide a brief analysis of the source of any interference or distortion anticipated due to this process.

F.8. Statewide Interconnection - Describe what efforts may be undertaken to interconnect the Applicant=s cable system with other cable systems in the State. Include such information as:

(A) Technical means of interconnection;

(B) Band width capacity of interconnection systems;

(C) Name and location of cable systems proposed to interconnect;

(D) Proposed activation dates of interconnect;

(E) Identification of total interconnect cost and how such cost will be shared among cable systems;

(F) Administrative coordination between cable systems, including any existing agreement to interconnect;

(G) Programming coordination between institutions, program suppliers, and access users; and (H) Other information as necessary.

F.9. System Maintenance - Describe procedures for routine preventive maintenance, including type and frequency of system inspection and testing, number and qualifications of technical staff, and the test equipment to be provided. A clear summary of the maintenance procedures is desired, rather than lengthy maintenance manuals.

Form G SIGNAL CARRIAGE AND CHANNEL ALLOCATIONS G.1. Video Signal Carriage and Channel Allocations (A) Complete pages 3 through 6 of Form G.1 for each system effected by this franchise.

(B) In G.1 column 2 list the broadcast channel number of each broadcast station carried or to be carried by the cable system.

(C) In G.1 column 3 list the station call letters or the name of the service that is carried on the cable channel in G.1 column 1.

(D) In G.1 column 4 list the city and state of origin of any broadcast services carried by the system.

(E) In G.1 column 5 identify the method of reception of the signal transmitted on the cable channel using the following abbreviations:

OA - off air FO - fiber optics SAT - satellite TEL - telephone line MIC - microwave LO - local origination (F) In G.1 column 6 identify the network affiliation of each broadcast station carried. If this channel is designated for PEG access indicate type of access here, even if the channel is currently used for another purpose.

(G) In G.1 column 7 indicate the tier level of the channel or service using the following abbreviations. Basic service should be the minimum level of service available for reception of cable service.

B - basic service EB - expanded basic (# if more than one level)

P - pay tv service PPV - pay per view service (H) In G.1 column 8 indicate if the channel is used 24 hours per day; list start and stop times if part time or occasional if not used on a daily basis.

(I) In G.1 column 9 indicate the date that the channel or service became or will become available.

G.2. Audio Signal Carriage Complete form G.2 for each specialized audio service utilized by the system. If the system receives and transmits broadband FM radio, indicate (FMBAND) in column 1. If audio service is sold as one or more services or package, indicate in column 6 as AFM@ (broadband or package), AB@ if included with basic service, or AAudio #@ for each service or package sold as a separate service. Use column 7 for further descriptions of the audio services listed on the form.

Form H DELINEATION OF RESOURCES COMMITTED TO PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS AND LOCAL PROGRAMMING OR ENTITIES H.1. Furnish a statement of terms and conditions under which service is to be provided to educational, charitable, governmental and other entities.

H.2. Furnish a statement of policies for public, educational and governmental access origination programming.

H.3. Furnish a statement (or chart) indicating the availability of access studio, editing equipment and portable equipment, Sunday through Saturday.

H.4. Furnish a statement explaining your public access training course program.

H.5. Furnish a statement (or chart) indicating your access production coordinator=s duties and the hours these duties will be performed during the week.

H.6. Furnish a statement indicating your Company=s local origination programming policy, including the number of hours per week, types of productions and staff available for such programming.

Form I CUSTOMER SERVICE AND RATES I.1. Describe in detail standards for customer service. Specifically, address standards and procedures for installation, billing, collection, handling of complaints, repairs, discontinuing or changing service, telephone and other services. Describe how the Applicant plans to provide repair service within 24 hours of customers= service complaints.

I.2. Provide a summary for the last five years of all rates charged for each level or tier of service including pay service.

I.3. List the proposed rates, if any, to be charged including rates for each service tier as appropriate and charges for installation, cancellations, connection, change of service, upgrade, downgrade, reconnect, late charges, bad check charges, and other services.

I.4. Provide information on proposed rates, charges or deposits for studio and equipment usage, as well as any charges to subscribers for converters or scramblers.

I.5. Identify the location of each business office to be maintained by Applicant to service the franchise area and describe its business hours; further set forth Applicant=s proposed number of telephone lines, number of toll-free telephone lines, and number of staff to be assigned to each office to handle consumer complaints.

I.6. Furnish a statement (or a sample) of your proposed monthly bill to subscribers, including a statement as to the frequency with which a fully itemized bill is sent out.

I.7. Furnish a statement concerning your disconnect policy as to subscribers who are delinquent in paying their monthly service charges, and include any collection fee which may be imposed.

I.8. Furnish a statement indicating what the Company=s educational or awareness programs will be to: a) inform potential subscribers that cable television subscriber bills are payable Ain advance,@ and b) what the credit policy is for interrupted service.

I.9. Furnish a statement of the applicant=s line extension policy, and identify where in the service area it will be implemented.

If this transaction involves a transfer, the local franchise authority may request a sales price of the cable system limited to the price paid for the headend, distribution system, real estate and appurtenances which are required to operate and deliver a signal to he franchised community. This information will be held in confidence and treated proprietarily.

FORM NO. 2 AND INSTRUCTIONS

CABLE FRANCHISE CONTRACT GUIDELINES

Channel Capacity

1.1. Each cable operator shall set forth the maximum number of television channels capable of being provided by the system it is utilizing or plans to utilize in the future.

1.2. h cable operator shall set forth the number of television channels to be initially activated and providing programming to subscribers.

1.2.a. If the cable operator stated in its franchise application that it plans to upgrade its channel capacity or augment the number of channels to be activated and providing programming to subscribers, then it shall separately set forth the total number of channels to be provided in the future, and estimate the date when the full compliment of channels will be activated.

Basic Service Tier

2.1. le operators shall set forth the number of television channels to be provided as part of the Abasic service tier.@ If such basic channels include stations primarily dedicated to offering home shopping services or stations which provide payment to the cable operator for its carriage, then the number of such channels should be disclosed.

2.2. le operator shall provide its required public, educational, and governmental channels as part of the Abasic service tier.@

2.3. le operators shall provide local free broadcast television stations generally receivable off-the-air in the franchise area as part of the Abasic service tier,@ unless commercially unreasonable terms are set by such stations for their retransmission.

2.4. Cable operators shall maintain the overall level of quality television programming of its Abasic service tier@ as set forth and expressed in its franchise application, provided rate increases for such programming can be passed along to subscribers without making it commercially nonviable.

Nonexclusive Franchise Agreement

3.1. Franchising authorities must, as required by West Virginia Code ' 24D-1-8(d), make the cable franchise agreement nonexclusive--meaning that other cable operators may be authorized by the franchising authority to operate within the franchise area. Such condition of nonexclusivity should be plainly stated in the contract.

Nonexclusive Retransmission of Free Broadcast Television

4.1. Each cable operator shall specifically make nonexclusive its agreements for the right to retransmit locally available free broadcast television.

Construction Standards and Schedule

5.1. Each cable operator shall pay for the costs of restoring pavements, sidewalks, lawns, roadways or other surfacing disturbed by the cable operator=s construction or repair of its equipment or lines. Each cable operator shall consult with the West Virginia Department of Highways regarding any such disturbance to property or rights-of-way under the Department=s jurisdiction and control. Each cable operator shall comply with the applicable provisions of Chapter twenty-four C, Underground Facilities Damage Prevention.

5.2. Each cable operator shall pay for the costs of relocating its equipment or lines upon reasonable notice by the franchising authority or West Virginia Department of Highways in the exercise of their lawful authority to change the grade or location of any public street, alley, way or place which causes a need for such relocation.

5.3. Each cable operator shall place its lines, equipment, or other fixtures in such a manner as to not interfere with any gas, electric, communications, fire alarms, sewer or water lines, fixtures and equipment; nor interfere with the usual travel on public streets, alleys, ways and places, and the use of same for gas, electric, communications, fire alarms, sewer and water lines, fixtures and equipment.

5.4. Each cable operator shall ensure that in the use of its easements the safety, functioning and appearance of the property is not adversely affected.

5.5. Each cable operator shall, together with its subscribers, bear all the costs of installing, constructing, operating or removing cable facilities.

5.6. Each cable operator shall justly compensate owners of property for any damages caused by installing, constructing, operating or removing its cable facilities.

5.7. Cable operators shall set forth specific dates by which particular geographic areas will be able to obtain cable service; and the dates by which such areas will be able to obtain enhanced or upgraded cable service, if such an enhancement or upgrade is provided for in its cable franchise application.

5.8. Cable operators shall set forth their line extension policy by specifically stating the number of homes passed per mile which will trigger an extension. Unless agreed otherwise, such policy shall be in conformity with the cable operator=s franchise application.

General Service and Operations

6.1. Each cable operator shall maintain facilities and equipment to be used for the transmission of information pertaining to public emergencies, law enforcement, fire protection, rescue services or other public safety messages. Such facilities and equipment shall have the capability to interrupt all activated channels if and when necessary.

6.2. Each cable operator shall maintain the signal and viewing quality of its channels to a level commercially accepted within the industry.

6.3. Each cable operator shall provide its services in a manner so as not to interfere with the television viewing or reception of over-the-air television stations by persons in the franchise area.

6.4. Each cable operator shall maintain its lines, rights-of-way and equipment in a good and safe condition; and comply with any technical standards as may be established by the Federal Communications Commission.

Interrupted and Service Repair

7.1. Each cable operator shall, for the purpose of restoring interrupted service and improving substandard service, be able to receive toll-free calls from the franchise area 24 hours a day, seven days a week; and should have one or more qualified persons as may be necessary to repair and restore the cable service to its subscribers.

7.2. Each cable operator shall, upon the request of subscriber, provide for a credit or refund to any subscriber whose service is interrupted for more than 24 hours continuously or more than 24 hours within a thirty day period. Such interrupted service policy shall conform with WVA. Code '' 24D-1-15, 24D-1-16, and all other applicable state law.

Service Offices

8.1. Each cable operator is required to establish and operate a business office in or near the service area or as otherwise may be approved by the Public Service Commission or the local franchising authority. Such business office shall be open during normal business hours. In addition, the cable operator should establish and operate sufficient telephone lines, including a toll-free number or any other free or local calling option, as approved by the Commission, staffed by a customer service representative during normal business hours.

Subscriber Complaints

9.1. Each cable operator must keep a record or log for registering and resolving all subscriber complaints. Records shall be maintained as to each complaint stating: a) Date, time, and nature of the complaint; b) Name and address of complainant; c) Investigation of the complaint; and d) Manner and time of resolution of the complaint. Such records are to be made available to the franchising authority and the West Virginia Public Service Commission upon request, subject to the subscriber privacy provisions of federal law contained in 47 U.S.C. ' 551.

9.2. Each cable operator shall annually provide to its subscribers in writing, a notice informing them: a) How to contact the operator, the franchising authority , and the Commission with their views and complaints; b) Of the authority of the Commission to receive and act upon cable complaints; and c) How they can obtain a pro rata credit or refund for service interruptions.

9.2.a. Cable operators shall each year certify to the franchising authority that this written notice requirement was properly distributed to its subscribers.

Indemnification

10.1. Each cable operator shall indemnify and hold harmless the franchise authority for liability for any damage or injury caused by the actions or omissions of the cable operator. The cable operator shall obtain and keep during the franchise period a public liability insurance policy and property damage insurance policy in an amount agreed to by the franchise authority.

10.1.a. Certificates of insurance shall be filed with the Clerk of the County Commission or other person designated by the franchise authority prior to the exercise of any rights under the franchise agreement.

10.1.b. Upon written notice from the state, county and/or municipality the cable operator will, at its own expense, defend any action or proceeding against these entities or boards, agencies, and individuals thereof, for injury or damages caused by activities of the cable operator in the installation, operation, or maintenance of its cable system.

Franchise Fees

11.1. Franchise authorities shall state the franchise fee on an annual basis as the greater of a sum certain or a percentage of the cable operators gross receipts. In no event shall the franchise fee be greater than that allowed by federal law.

11.2. Franchise authorities must provide, as required by WVA. Code '' 24D-1-20, 24D-1-25 and the rules promulgated thereunder, that the annual fees and document fees imposed upon cable operators by the Commission are part of the franchise fee; and that to the extent that these Commission imposed fees result in the franchise fee being in excess of that permitted under federal law, then the payment of the annual fee required in 150 CSR shall be deducted from and credited as an offset to any franchise fee amount to be paid to the franchising authority.

(Note: Federal law presently limits the total franchise fee to 5% of the cable franchise=s gross receipts per year. 47 U.S.C. ' 542(b)).

11.3. Franchise authorities should require a review of the franchise fee amount every three years during the franchise period, and provide that the franchise fee amount may be changed or its method of calculation adjusted by the franchise authority at those times.

Rates and Charges

12.1. Each cable operator shall file a schedule of its current rates and a schedule of its terms and conditions of service for each tier of cable service with the franchise authority and the Commission.

12.2. The Commission shall regulate rates charged by the cable operator to the extent permitted under federal law to ensure that rates are just and reasonable both to the public and the cable operator and are not discriminatory. Such rates charged to its subscribers shall be equal and uniform throughout the franchise area for the same services, provided that this provision does not prohibit promotional or group rates when such rates are offered throughout the franchise area.

12.3. Each cable operator shall provide its subscribers with written notice of any addition of channels or other causes resulting in a change in rates 30 days before such rate change is imposed. Subscribers must be given the opportunity to cancel their service within these thirty days without penalty or accrual of the planned new charges. Such notice shall be provided to the Commission and the franchise authority at least sixty (60) days prior to the effective date of the change.

12.4. Each cable operator shall specify the dollar amount of any connection fee, reconnection fee, or unwarranted service technician visit charge. In addition, the cable operator should specify the dollar amount or method of calculating any late charge for past unpaid amounts--such late charges to be in conformity with the limits to consumer credit late charges under West Virginia Code ' 46A-3-113 and 150 CSR 26.17.

12.4.a. Cable operators shall set forth with particularity their policies as to the imposition of such charges and fees specified in section 12.4 above. Alteration of these policies, the amounts, or method of calculation may occur only upon agreement with the franchising authority, unless otherwise preempted by federal or state law.

Removal Costs at Termination of Franchise

13.1. Franchise authorities shall require that upon termination of the franchise for any reason, the cable operator or its successors will at its own expense properly remove all fixtures, lines, or equipment erected, installed or deposited by the cable operator.

Suspension and Revocation of Franchise

14.1. Franchise authorities shall provide that following reasonable notice, public hearing, and opportunity to cure, the franchise agreement may be revoked, altered or suspended for:

a) For making material false or misleading statements in, or for material omissions from, any application or proposal or other filing made with the franchising authority;

b) The cable operator=s repeated failure to maintain signal quality under the standards prescribed under the standards prescribed by the Commission;

c) The cable operator=s unreasonable delay in construction, operation or extension of cable service; unless such delay was caused by factors rendering adherence commercially impractical;

d) The cable operator=s material violation of the terms of its cable franchise agreement;

e) The cable operator=s failure to substantively comply with the West Virginia Cable Television Systems Act or the rules, regulations or orders prescribed by the Commission;

f) The cable operator=s substantial violation of its filed schedule of terms and conditions of service; and g) The cable operator=s engaging in any unfair or deceptive act or practice;

h) The cable operator=s sale, lease, assignment or other transfer of its cable franchise without consent of the franchising authority.

14.2. In lieu of or in addition to revocation or suspension, the franchise authority may fine the cable operator not less than $50 or more than $5000 for each violation. Each day=s continuance of a violation may be treated as a separate violation.

Renewal

15.1. Franchise authorities shall provide that the franchise may be renewed for a period of five to twenty years upon the approval of the franchise authority, provided the parties follow the procedure set forth by the Commission under the West Virginia Cable Television Systems Act and rules promulgated thereunder.

Transfers

16.1. Franchise authorities shall provide that the assignment or transfer of the rights or control of the cable system may not be made, unless such transfer or assignment is approved by the franchise authority and is made pursuant to and in accordance with the provisions of the West Virginia Cable Television Systems Act and the rules promulgated thereunder.

Non-Discrimination

17.1. Each cable operator should specifically agree that it will not discriminate in any employment matter or any other matter on the basis of age, race, religion, sex, physical handicap or country of natural origin.

Access to Records and Facilities

18.1. Each cable operator shall agree to give the franchise authority and Commission the right during normal business hours to inspect all lines, equipment, fixtures, or facilities owed or operated by the cable operator that are utilized or planned to be utilized to provide cable service within the franchise area.

18.2. Each cable operator shall, subject to the subscriber privacy provisions of the Cable Communications Act of 1984, applicable federal law, and excepting proprietary and confidential information contained in individual programming contracts when rates are not regulated, agree to give the franchise authority and Commission the right during normal business hours to inspect all records, documents, reports, contracts, agreements, or other materials maintained by or under the control of the cable operator relating to providing cable service within the franchise area.

Cancellation of the Franchise

19.1. Franchise authorities should grant the cable operator the right to cancel the franchise agreement only when the operation of the cable system is prohibited by law.

19.2. Franchise authorities should provide that following reasonable notice, public hearing, and opportunity to cure the franchise agreement will be canceled at the option of the franchise authority if the cable operator neglects, refuses, or fails to perform or observe any of the material conditions set forth in the franchise agreement, including the timely payment of franchise fees when due.

19.2.a. Cancellation by the franchise authority is without prejudice to any other remedies that the franchise authority may have.

Savings Clause

20.1. Franchise authorities should provide that if any term or provision of the agreement is held void or invalid, each holding will not affect any other terms or provisions to the extent such void or invalid terms or provisions can be severed from the agreement.

20.2. Franchise authorities should provide that cable operators will abide by, and the franchise agreement comply with all applicable state and federal laws.

AGREEMENT

CABLE TELEVISION FRANCHISE IN (CITY/COUNTY NAME), WEST VIRGINIA

Agreement made this _____ day of ___________, ______, by and between the (CITY/COUNTY) OF (AUTHORITY NAME), WEST VIRGINIA, hereinafter referred to as the A(City/County)@, party of the first part, and (NAME OF CABLE COMPANY), a (State) (corporation, partnership, etc.), hereinafter referred to as the ACompany@, party of the second part.

WHEREAS, the Company wishes to conduct a community antenna television system (CATV) to furnish all types of services usually furnished or which can be furnished by such a system in the (all /certain) areas of the (City/County Name), West Virginia, through distribution and transmission equipment, cables, and/or wires, other transmission equipment or other means, commonly called a CATV system; and WHEREAS, the CATV system will be attached to poles or constructed underground and its cables, wires or other equipment would cross over or exist under the streets, sidewalks, public lands, highways and right-of-way in the (City/County), and WHEREAS, the Company has requested of the (City/County) that it be granted a nonexclusive franchise to operate a CATV system within (City/County Name), West Virginia, and the (City/County), after giving public notices and holding public hearings as required by West Virginia Code ' 24D-1-7 and the rules thereunder, has agreed to grant to the Company, a nonexclusive franchise to operate a CATV system within (City/County Name), West Virginia, pursuant to the following terms and conditions.

WITNESSETH: That for and in consideration of the mutual covenants herein contained the parties do hereby agree as follows:

(1) GRANT OF AUTHORITY: The (City/County) grants to the Company the nonexclusive right and privilege, within (all/certain) areas of (City/County Name), West Virginia, as described in Attachment A hereto, to construct, maintain, and operate in, or, over and under the present and future public streets, alleys, rights-of-way and public places within the (City/County), such as towers, poles, lines, cables, wiring and all related equipment for the purpose of receiving, amplifying and distributing television, radio, audio, video or any other telecommunications signal or service within said (City/County) and to inhabitants hereof. The Company shall have further right to enter into arrangements for the attachment onto or use of facilities owned or operated by public utilities operating within the (City/County). The Company shall provide to the (City/County), upon request, copies of all such agreements between the Company and any public utility operating within the (City/County) for the use by the Company of any facilities owned or operated by said public utilities.

(2) TERMS OF AGREEMENT: The nonexclusive franchise granted herein shall be for a term of fifteen (15) years, commencing on the _____ day of ________________, ______, and terminating at midnight on the _____ day of ________________, _____.

(3) CONDITIONS OF STREET AND ROAD OCCUPANCY AND SYSTEM CONSTRUCTION:

(a) Use: All transmission and distribution structures, lines and equipment erected by the Company within the (City/County) shall be located as to cause minimum interference with other proper use of the public streets, alleys, ways and places located within the (City/County), and as to cause a minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said public streets, alleys, ways, or places. The use of public highways and other public places shall be subject to:

(1) All applicable state statues, municipal ordinances and all applicable rules and orders of the West Virginia Public Service Commission governing the construction, maintenance and removal of overhead and underground facilities of public utilities;

(2) For (county highways/city streets), all applicable rules adopted by the governing body of the (City/County) in which the (highways/streets) are situated; and (3) For state or federal-aid highways, all public welfare rules adopted by the West Virginia Department of Transportation, Highways Division.

(b) Restoration: In cases of any disturbance of pavements, sidewalks, lawns, roadways, or other surfacing, the Company shall, at its own expense and in a manner approved by the (City/County), replace and restore such places or disturbed to as good a condition as before said work was commenced. The Company shall also be required to consult with the Highways Division regarding any disturbance of pavement, roadway or other rights-of-way as may be under the jurisdiction and control of the Highways Division.

(c) Relocation: In the event that at any time during the period of this agreement, the (City/County) or the Highways Division shall lawfully elect to change the grade or location of any public street, alley, way, or place, the Company, upon reasonable notice by the (City/County) or the Highways Division, as the case may be, shall remove, re-lay and re-locate its equipment at its own expense. All such alterations shall be subject to the approval of the (City/County) and the Highways Division.

(d) Placement of Fixtures: The Company shall not place any fixtures or equipment where the same shall interfere with any gas, electric, communications, fire alarms, sewer or water lines, fixtures or equipment, and the location by the Company of its lines and equipment shall be in such manner as to not interfere with the usual travel on said public streets, alleys, ways, and places, and the use of the same for gas, electric, communications, fire alarms, sewer and water lines, fixtures and equipment.

(e) Easements: In the use of easements dedicated to compatible uses, the Company shall ensure:

(1) That the safety, functioning and appearance of the property and the convenience and safety of other persons is not adversely affected by the installation or construction of facilities necessary for the cable system;

(2) That the cost of the installation, construction, or operation of facilities is borne by the Company or subscribers, or a combination of both; and (3) That the owner of the property is justly compensated by the Company for any damages caused by the installation, construction, operation or removal of facilities by the Company, its employees or contractors.

(4) SERVICES TO BE PROVIDED BY THE COMPANY:

(a) Services shall be made available to all inhabitants of the (City/County) who reside in the area described in Attachment A who desire such service within _______ ( ) months of the date of their request, provided that the following conditions have been met:

(1) The location is Aserviceable@. A location is serviceable when:

(A) The inhabitant is located in an area where it is economically feasible to provide such service, and such area is unserved by another cable system. Such condition of economic feasibility is met where an average of __________ (______) residences are passed per mile of cable line laid; calculated from the existing cable system owned by the Company to the end of the proposed service extension; or (B) The distance from existing distribution lines to the home or building is not more than ______ feet (Amaximum drop length@);

(2) Inhabitant complies with the Company=s regulations governing the conduct of its business; and (3) The Company is able to obtain any private rights-of-way required to extend its facilities at a reasonable cost.

(b) The company shall provide and maintain basic service for one single standard outlet upon request to any school or institution of higher education, fire station, and public library located within the service area, and within a reasonable distance of an existing distribution line of the Company. The recipients of service under this paragraph shall not be charged for basic cable service; provided however, that the service is not to be delivered to a residence.

(c) The company shall provide the (City/County), upon appropriate authorization (and payment), facilities and equipment for transmission of information relating to law enforcement, fire protection, rescue services or all other public emergencies as may be necessary or desirable for the safety and welfare of the citizens of the (City/County) to the Office of the County Emergency Services or as directed by the (City/County). The facilities to be provided include access to one PEG channel without charge for the transmission of information relating to law enforcement, fire protection, rescue services, or other public safety messages. The Company shall comply with the regulations of the Federal Communications Commission (FCC) for the operation of the Emergency Alert System as set forth under 47 C.F.R. Section 11.

(d) The Company shall offer to all customers within the (City/County) service of signal and viewing quality that is in compliance with all FCC technical standards.

(e) The Company shall conduct its business with its subscribers in accordance with all FCC Customer Service Standards.

(f) The Company shall designate at least ten percent of all its channels for public, educational or governmental (PEG) use, provided, however, that the company shall not be required to designate more than 3 such channels for such public, educational or governmental use. At least one such designated channel is to be carried as part of the basic service tier. The company shall abide by all rules and procedures adopted by the (City/County) as franchise authority for activation of designated PEG channels currently in use for non-PEG purposes.

(g) The maximum number of channels the system(s) will initially be capable of providing is ______. The number of channels to be initially activated to provide programming to subscribers is _____.

(h) The number of channels to be initially offered as part of the basic tier of service is _____.

(i) The Company agrees that it will not abandon areas presently served by this cable system(s) without the agreement of the (City/County), unless such areas and residents therein are being served by another cable system, or unless unreasonable costs are imposed for the continued use of a private right-of-way necessary for providing service to such areas.

(5) CONDITION OF EQUIPMENT: The Company shall maintain all of its lines, rights-of-way and equipment in good and safe condition and shall at all times construct and maintain its fixtures of equipment in compliance with the requirements of the National Electrical Safety Code and the National Electrical Code.

(6) PROCEDURES FOR RESTORING INTERRUPTED SERVICE AND IMPROVING SUBSTANDARD SERVICE:

(a) The Company, for the purpose of restoring interrupted service and improving substandard service, shall be able to receive calls twenty-four hours a day, seven days a week, and shall have one or more qualified persons as may be necessary to repair the cable system.

(b) The Company shall restore interrupted service not later than twenty-four hours after being notified by a subscriber that service has been interrupted, unless (1) service cannot be restored until another company repairs facilities owned by such company and leased to, or required for the operation of, the cable service, (2) the interruption was caused by an act of nature or (3) the Company is unable to restore service within twenty-four hours due to extenuating circumstances. In the event of such extenuating circumstances, the company shall restore service as soon as feasible and then submit a written notice to the Public Service Commission of West Virginia indicating that service has been restored and explaining the nature of the extenuating circumstances.

(7) CREDIT OR REFUND FOR INTERRUPTED SERVICE:

(a) If cable service to a subscriber is interrupted for more than twenty-four continuous hours for any reason such subscriber shall, upon request, receive a credit or refund within 60 days from the Company in an amount that represents the proportionate share of such service not received in a billing period, provided that such interruption was not caused by the subscriber.

(b) The Company shall comply with any viewing time reliability standards for cable operators established by the Public Service Commission of West Virginia.

(8) OFFICE OPERATING REQUIREMENTS; OFFICE HOURS: The Company shall operate a business office in or near the service area, or as otherwise approved by the franchising authority or by the Public Service Commission of West Virginia. The office shall be open during normal business hours. The Company shall operate sufficient telephone lines, including a publicly and locally listed toll-free number or any other free calling option, staffed by a company customer service representative during normal business hours.

(9) NOTICE TO SUBSCRIBERS REGARDING QUALITY OF SERVICE AND BILLING:

(a) Annually the Company shall mail to each of its subscribers a notice which:

(1) Informs subscribers how to communicate their views and complaints to the cable operator and to the Public Service Commission of West Virginia (2) States the responsibility of the Public Service Commission to receive and act on consumer complaints other than channel selection, programming and rates, concerning the operation of a cable system; and (3) States the policy regarding the method by which subscribers may request pro rata credit as described in section seven of this agreement.

(4) States the policy regarding billing practices, late fees, and other service charges.

(b) The notice shall be in nontechnical language, understandable by the general public, and in a convenient format. On or before the thirtieth day of January of each year, the operator shall certify to the franchising authority and the Public Service Commission that it has distributed the notice as provided in this section during the previous calendar year as required by this section.

(10) RECORDING OF SUBSCRIBER COMPLAINTS:

(a) The Company shall keep a record or log of all complaints received regarding quality of service, rates, programming, equipment malfunctions, billing procedure, employee relations with customers and similar matters as may be prescribed by the Public Service Commission of West Virginia. The records shall be maintained for a period of two years.

(b) The record or log shall contain the following information or each complaint received:

(1) Date, time, nature of complaint;

(2) Name, address, telephone number of complainant;

(3) Investigation of complaint; and (4) Manner and time of resolution of complaint.

(c) Consistent with the subscriber privacy provisions contained in 47 U.S.C. section 551 or as otherwise provided by federal law, every cable operator shall make the logs or records, or both, of such complaints available to any authorized agent of the Public Service Commission of West Virginia and the franchising authority, upon request during normal business hours for on-site review.

(11) INDEMNIFICATION BY THE COMPANY OF THE (CITY/COUNTY):

(a) The Company, its successors and assigns, shall indemnify and hold harmless the (City/County) from any liability whatsoever for any damage or injury caused to any person or property by the actions or omissions of the Company on account of the franchise granted by this agreement. The Company shall take out and maintain during the term of this agreement general liability insurance with the following minimum coverage limits:

(1) __________Dollars ($___________) per occurrence.

(2) __________Dollars ($___________) aggregate.

(3) __________Dollars ($___________) automobile liability per occurrence.

Where the insurance provides separately for personal injury and property damage, the combined limits of the two coverages shall be no less than the per occurrence and aggregate limits set forth above. The Company shall protect the (City/County) from claims for said damages arising out of the exercise of rights and privileges and operations under this agreement. Prior to the exercise of any rights under this agreement, Certificates of Insurance shall be filed and deposited with the Clerk of the (City/County).

(b) Upon receipt of notice in writing from the state, county and/or municipality, the Company shall, at its own expense, defend any action or proceeding against the state, county and/or municipality in which it is claimed that personal injury or property damage was caused by activities or omissions of the Company in the installation, operation or maintenance of its cable system.

(12) FRANCHISE FEE: In consideration the granting of this franchise by the (City/County) to the Company, said grantee shall be liable to pay to the (City/County) a franchise fee as follows:

(a) The sum of $__________ shall be paid by the Company to the (City/County) upon the execution of this agreement by the Company. (Such sum to be treated as a franchise fee or portion thereof.)

(b) Commencing on ________________ , and on the same day of each (year, quarter, month) thereafter during the term of this agreement, the Company shall pay to the (City/County) the greater of $___ or _______% of the gross revenue derived from the operation of the cable system during the preceding (year, quarter, month). If the above agreed to sum certain exceeds the limit permissible under law, the maximum amount so allowed will be paid.

(c) The amount of the franchise fee to be paid to the (City/County) shall be reviewable upon the third, sixth, ninth and twelfth anniversary dates of the date of the granting of the franchise, and upon such date the (City/County) shall have the right to change the amount and method of calculating the franchise fee; provided however, that such changes are in conformity with federal and state law.

(d) The imposition and collection of any franchise fee under this agreement shall not affect the collection of the annual fee or document fees by the West Virginia Public Service Commission as set forth in West Virginia Code '' 24D-1-20 and 24D-1-25 and rules thereunder. Further, the franchise fee set forth in this agreement together with any state annual fee, document fee, or other fee considered under federal law to be a franchise fee shall never exceed the maximum amount prescribed by federal or state law.

(e) Nothing contained herein shall prevent the Company from collecting any or all such franchise fee as an addition to its regular charges, by listing them as a separate line on its invoiced to the customer.

(13) NON-LIABILITY OF (CITY/COUNTY): The (City/County) shall not be liable for interrupting the Company=s service caused by employees of the (City/County) in the proper performance of their duties.

(14) RATES:

(a) The Company shall file with the (City/County) and keep current a schedule of its rates charged, or where no such rates are yet charged then its initially proposed rates, for each tier or cable service. The rates charged to all subscribers for the same service shall be equal and uniform throughout each cable system; excepting that this does not prohibit promotional or group rates when such rates are offered throughout the franchise area.

(b) The Company shall inform the (City/County) of the charge for any connection fee, any reconnection fee, and any fee for an unwarranted service technician visit. In addition, the Company agrees that it will bill monthly and calculate any late payment charge in conformity with 150 CSR 26.17 regardless of whether credit has been extended. Such fees will be levied as follows:

(1) A connection fee will be charged when (2) A reconnection fee will be charged when (3) An unwarranted service visit charge will be made when (4) A late payment fee will be charged when (c) To the extent permitted by federal law, the Public Service Commission of West Virginia shall regulate basic cable service rates to ensure that they are just and reasonable both to the public and to the cable operator and are not unduly discriminatory.

(d) The Company shall not raise rates or add new channels and increase charges to subscribers without first providing 30 days written notice to subscribers, and providing its subscribers the option to cancel service without penalty within that 30 day period.

(15) REMOVAL OF PROPERTY AT TERMINATION OF AGREEMENT: In the event this franchise agreement is terminated for any reason, or if the Company, or its successors, cease to exercise its rights and privileges pursuant to the terms of this agreement , then, in such event, all poles, lines, cables, wiring and other apparatus erected, installed or deposited by the Company or its successors within the (City/County) shall be properly removed at the Company=s own expense unless otherwise agreed to by the parties. Further, unless otherwise agreed to, property not removed within six months of termination will be considered abandoned and the Company shall be liable for the cost of removal.

(16) REVOCATION, ALTERATION, OR SUSPENSION OF CABLE FRANCHISE; PENALTIES:

(a) This cable franchise may be revoked, altered or suspended by the (City/County) following reasonable notice and public hearing for the following reasons:

(1) For making material false or misleading statements in, or for material omissions from, any application or proposal or other filing made with the franchising authority;

(2) For repeated failure to maintain signal quality under the standards prescribed by the Public Service Commission of West Virginia;

(3) For any sale, lease, assignment or other transfer of its cable franchise without the consent of the franchising authority;

(4) Except when commercially impracticable, for unreasonable delay in construction or operation, as well as for unreasonable withholding of the extension of cable service to any person in the franchise service area;

(5) For material violation of the terms of its cable franchise;

(6) For failure to substantially comply with WVA. Code ' 24D-1-1 et seq. or any rules, regulations or orders prescribed by the Public Service Commission of West Virginia;

(7) For substantial violation of its filed schedule of terms and conditions of service; and (8) For engaging in any unfair or deceptive act or practice.

(b) In lieu of, or in addition to, the relief provided by subsections (a) or (b) hereof, the (City/County) may fine a cable operator, for each violation under the provisions of this section, in an amount not less than fifty dollars nor more than five thousand dollars for each violation. Each day=s continuance of a violation may be treated as a separate violation.

(17) RENEWAL OF CABLE FRANCHISE: This cable franchise may be renewed by the (City/County) upon approval of the Company=s application or proposal therefor and in accordance with the provisions of state and federal law. The form of the application or proposal shall be prescribed by the Public Service Commission of West Virginia. The application or proposal shall be the same fee prescribed for franchise applications, and the periods of renewal shall be not less than five nor more than twenty years each, unless otherwise prescribed by state for federal law. The (City/County) shall require of the applicant full disclosure, including the proposed plans and schedule of expenditures for or in support of the use of public, educational or governmental access facilities.

(18) ASSIGNMENT OR TRANSFER OF CABLE FRANCHISE: This franchise including the rights, privileges and obligations thereof may not be assigned, sold, leased, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including a transfer of control of any cable system, whether by change in ownership or otherwise, except upon written application to and approval of the (City/County). The form of application for transfer shall be prescribed by the Public Service Commission of West Virginia.

(19) NON-DISCRIMINATION: As a condition to receiving a franchise from the (City/County), the Company covenants and agrees that it shall not discriminate in any employment matter or any other matter against any person on account of age, race, religion, sex, physical handicap or country of natural origin.

(20) REVIEW OF EQUIPMENT AND RECORDS:

(a) Throughout the term of this agreement the (City/County) shall have the right, during normal business hours, to inspect all lines, equipment, fixtures and facilities owned or operated by the Company pursuant to the terms of this agreement. The (City/County) shall also have the right, during normal business hours, to inspect all records and reports maintained by the Company and either under the control or direction of the Company or any of its agents, employees or affiliates, wherever said agreements, contracts, records and reports may be located; subject to the subscriber privacy provisions of the Cable Communications Act of 1984, applicable federal law, and excepting proprietary and confidential information contained in programming contracts when rates are not regulated. With the exception of salaries and wages of employees of the Company, which shall be paid by the Company, all expenses incurred in conducting such inspections and reviews of the equipment and records of the Company shall be at the expense of the (City/County).

(b) The Company shall file with the (City/County), upon request, copies of all reports of its financial technical and operational condition and its ownership required by state or federal law. The reports, as required to be filed with federal and state agencies and authorities shall be kept on file open to the public.

(c) The (City/County) or its designated agent(s) shall have access to all books of account and records of the company, its affiliates, parent(s) or subsidiary(ies) through which expenses or revenues may flow. Such access shall be for the purpose of ascertaining the accuracy of any and all reports, accounts or payments due or made to the (City/County), or for purposes deemed necessary by the Public Service Commission of West Virginia.

(21) CANCELLATION

(a) The Company shall have the right to annul and rescind this agreement only in the event that the operation of the system herein provided for is prohibited by law.

(b) This franchise is granted upon the express condition that if the Company shall neglect, refuse or fail to do, perform or observe any of the material conditions, agreements, provisions, in terms, as set forth herein, including, but not limited to the timely payment of the franchise fee as fixed and assessed in accordance with this agreement, and such neglect, failure or default shall continue for a period of thirty (30) days after written notice thereof shall have been given to the Company, then, and in such event, the (City/County) shall have the right, and does hereby reserve the right, at its option, after reasonable notice and public hearing, to terminate all of the rights and privileges granted herein, and any additions to or amendments hereof, unless such performance of the provisions is being contested before a Court of competent jurisdiction by the Company, and declare the same at an end, without prejudice to any remedies the (City/County) may have.

(22) MISCELLANEOUS:

(a) If any provision of this agreement or the application thereof to any person, firm or corporation is held invalid by any Court of competent jurisdiction, such invalidity shall not affect other provisions or applications or this agreement and to this end the provision of this agreement are declared to be severable.

(b) This agreement shall be interpreted according to the laws of the State of West Virginia.

(c) The franchise grantee agrees to abide by all applicable state and federal laws, rules, and regulations.

(23) NOTICE: All notices and other communications hereunder shall be in writing and shall be deemed to have been given on the date of actual delivery if mailed, first class, registered or certified mail, return receipt requested, postage prepaid to the following respective addresses:

To the (City/County): To the Company:

IN WITNESS WHEREOF, the parties hereto have caused their respective Officials to set their hands, their secretaries to attest, and their seals to be affixed hereto.

FORM NO. 3

ENDORSEMENT OF TRANSFER OF CABLE

TELEVISION FRANCHISE AGREEMENT

On the _____ day of____________, , ___________________________________ (name of applicant company) cable system applied for approval to obtain through transfer the Cable Television Franchise Agreement previously granted by the __________________________________ to (franchise authority) _____________________________________ cable system and dated the _____ day (the purchased cable company) of______, ______. After due consideration, the application of _____________________________________ cable system to have transferred to it the Cable (name of applicant company)

Television Franchise of ________________________ _________________ was approved by (the purchased cable company) ___________________________________ on the ______ day of ____________, ______. And (franchising authority) pursuant to that approval _________________________________ cable system is substituted for (name of applicant company) ___________________________________ cable system in all respects and (purchased cable company) ________________________________________ cable system is bound by all the terms, conditions, (name of applicant company) and restrictions contained in that Cable Television Franchise Agreement which shall remain in full force and effect until expiration or otherwise amended or altered as allowed by law. ____________________________________ (Franchising Authority)

By __________________________________ (Authorized Officer)

FORM NO. 4

NOTICE OF INTENT TO INSTALL CABLE

TELEVISION SERVICE OR FACILITIES

TO:

(Name of Landlord/Tenant)

(Address of Landlord/Tenant)

Notice is hereby given that (Name of Cable Operator) will be installing cable (Address of Cable Operator) television service and/or facilities described below upon your property on or about at approximately (Date) (Time)

Description of facilities and equipment to be installed.

This Notice is provided in accordance with the provisions of the Tenants' Rights to Cable Services Act, W. Va. Code '24D-2-1 et seq.

FORM NO. 5

NOTICE

As a subscriber of ____________________________________, you have several important rights. This notice describes how to resolve cable television problems, how to apply for credit and how to contact the Public Service Commission of West Virginia.

COMPLAINTS

If you have a cable television problem contact our office by calling _____________________. In every case we will attempt to answer your question promptly or we will schedule a service call.

If, however, we are unable to resolve your complaint to your satisfaction, you may contact the Public Service Commission at the following address, telephone number, or web page:

Public Service Commission of West Virginia P.O. Box 812 Charleston, WV 25323 Toll Free Telephone: 1-800-344-5113 www.state.wv.us/psc.

Please note the Public Service Commission has jurisdiction to resolve complaints regarding the operation of a cable system.

Your written complaint to the Commission must include the name and address of the cable operator, a clear and concise statement of the facts involved and the remedy sought. The Commission has developed a Complaint Form for your use which will be provided upon request.

In the event the Commission cannot, informally, resolve your complaint to the satisfaction of all parties, you are entitled to file a request for a formal hearing before the Commission.

The Commission will act upon all unresolved cable television problems other than those dealing with programming and channel selection. The Commission will also consider rate level complaints when a rate increase case is being processed by the Commission.

The Federal Communications Commission (FCC) has limited jurisdiction over cable television programming. You may contact the FCC at the following address, telephone number, or web page:

Federal Communications Commission Cable Services Bureau 445 12th Street, S.W., Room 3-C 830 Washington, D.C. 20554 Phone: 202-418-7200 www.fcc.gov/ CREDIT FOR SERVICE INTERRUPTIONS You are entitled to a pro-rata credit if cable service is interrupted for more than twenty-four continuous hours. The credit will be calculated based upon the proportionate share of the service not received in the applicable billing period, provided the interruption is due to a failure of the facilities of the cable television operator. When service interruption in excess of 24 hours occur, contact our office promptly with pertinent facts regarding the outage.

FORM NO. 6

CERTIFICATION

In accordance with West Virginia Code '24D-1-18, this is to certify that _____________________________________ has (Operator) conveyed to its subscribers (via mail) the procedures for communicating their views and complaints to the operator and to the Public Service Commission. Said procedures set forth the responsibility of the Public Service Commission to receive and act on consumer complaints concerning matters other than channel selection, programming and rates. Said procedure states the policy regarding the method by which subscribers may request rebates or pro rata credit as set forth in West Virginia Code '24D-1-16. __________________________________________ AUTHORIZED SIGNATURE DATE __________________________________________ OPERATOR FORM NO. 7 CABLE TELEVISION ANNUAL REPORT ______________________________________________________________________________ For the Twelve Month Period Ended Month Day Year ______________________________________________________________________________ Franchise Authority System/Headend Reference Name ______________________________________________________________________________ CUID Number(s) Physical System ID Number ______________________________________________________________________________ Schedule A System Contact Information 1. Name of Company 2. Local Contact Person 3. Local Contact Telephone 4. Company Address 5. Company City State Zip 6. MSO Affiliation 7. MSO Contact Person 8. MSO Contact Telephone 9. MSO Address 10.MSO City State Zip Schedule B Franchise Information 11. Franchising Authority 12. Date of Franchise 13. Length of Franchise 14. Expiration Date of Franchise 15. Basis of Franchise Fee (basic/gross)

16. Enter Percentage or Fixed Amount % $ 17. # of PEG Channels Required 18. Amount of Document Fees Paid With This Report 19. Amount of Subscriber Fees Paid With This Report ($.12 ea.)

Schedule C Physical System Information 20. Total System Subscribers 21. Total Franchise Area Subscribers 22. Total MSO Subscribers 23. Total System Homes Passed 24. Total Franchise Area Homes Passed 25. Total System Plant Miles Overhead U/G 26. Total Franchise Area Plant Miles Overhead U/G 27. Total System Miles Fiber Optics 28. Present Channel Capacity #Channels MHZ 29. Number of Active Channels 30. Two Way Capability Active?

31. Date System Began Operation 32. If Upgrade Planned Enter Start Date 33. Planned Channel Capacity #Channels MHZ Schedule D Service Area Information List the name of each town or place served by this system within this franchise area.

Place the FCC CUID beside each place name where appropriate.

34. _______________________________ ________________________________ Schedule E Line Extension Policy 35. Homes Per Mile Required 36. Maximum Drop Length Schedule F Customer Service Information 37. Physical Address of Nearest Business Office 38. Business Office Hours 39. Ordering & Billing Toll-Free Telephone Number 40. Number of Ordering & Billing Lines 41. Total Subs Accessing This Number 42. Staff Dedicated To This Activity 43. Ordering & Billing Telephone Hours Fill out this section if Billing and Repair are operated separately 44. Repair Toll-Free Telephone Number 45. Number of Repair Lines 46. Total Subs Accessing This Number 47. Staff Dedicated to This Activity 48. Repair Telephone Hours 49. Method of Taking After Hours Calls 50. # Techs & Installers Serving This Area 51. Subscribers/Technician Average (Include other systems if applicable)

35. Billing System Used (Statement/Coupon)

Schedule G Access Channel Information 53. Number of PEG Channels in Use 54. Number of Leased Access Channels in Use 55. Describe the facilities made available for access channel users 56. Describe methods used to make citizens aware of availability of access channel facilities Schedule H Emergency Broadcast System Information 57. Currently Operating an Emergency Override System?

If yes, answer the following:

58. Does It Blank Video?

59. Can You Generate Alpha/Numeric Messages On All Channels?

60. Can You Generate An Audio Message On All Channels?

61. Can The Override System Be Accessed By Telephone?

If the answer on line 62 is no, answer the following:

62. Are you planning to add an Emergency Override System?

63. Do you carry the National Weather Service on your system?

If so, answer the following:

64. Do You Carry NWS Video Crawl?

65. Do You Carry NWS (NOAA) Audio?

66. Do You Carry The Weather Channel With A Weather Star?

Schedule I Ownership Information 67. FEIN or Social Security Number 68. West Virginia ID Number 69. Type of Business (Corp., Partn., Propr.)

70. If Corp. or Partnership, Charter State Date 71. List names of company officers, directors and/or general partners 72. List names of limited partners owning 10% or more of partnership interest Schedule J Basic Service Information For This Franchise Area 73. Number of Subscribers To Basic Service 74. Current Basic Service Rate 75. Number of Channels on Basic Service Tier 76. Do You Offer Discounts For Groups Such As Elderly or Low Income?

71. If yes, what is the discount and how does one qualify?

List the current rates charged for the following rental equipment along with the number of subscribers renting each item.

78. Converter Charge # Subs 79. Other Converter Charge # Subs 80. Remote Charge # Subs 81. Other Remote Charge # Subs 82. Other Basic-Related Equipment Charge # Subs 83. What Is Your HSC Charge If Established?

79. Do you use the HSC or a fixed rate for installation/service charges?

If you use a fixed rate for installation and service charges, please fill out the chart below.

85. Unwired Home Installation Charge 86. Reconnection Charge 87. Additional Connection Installation at Time of Initial Installation 88. Additional Connection Installation after Initial Installation 89. Cable Programming Service Tier Upgrade 90. Cable Programming Service Tier Downgrade Schedule K Cable Programming Service Tiers For This Franchise Area 91. Complete the table below for each cable programming service tier.

Description/Tier Name Rate # Chan # Subs ATTACH A COMPLETE CHANNEL LINEUP TO THE BACK OF THIS FORM!

92. Total Channels on Tiers Subject to Regulation 93. Total Satellite Channels on Tiers Subject to Regulation 94. Total Non-Broadcast Channels on Tiers Subject to Regulation Schedule L Other Charges 95. Complete the table below for each pay per channel service offered.

Description/Service Name Rate # Subs 96. Complete the table below for each ala carte discount package.

Description/Service Name Rate # Subs 97. Charge For Premium Service Upgrade 98. Charge For Premium Service Downgrade 99. Late Fee 100. Returned Check Fee Schedule M Profit and Loss Statement REVENUES 101. Basic Service Revenue 102. Cable Programming Service Revenue 103. Installation & Service Revenue 104. Equipment Rental Revenue 105. Premium Service Revenue 106. Pay Per View Revenue 107. Advertising Revenue 108. Other Revenue 109. TOTAL OPERATING REVENUES EXPENSES AND TAXES 110. Salaries, Wages & Employee Benefits 111. Pole Rentals # Rented 112. Basic Service Programming Expense 113. Cable Programming Service Programming Expense 114. Other Programming Expenses 115. Franchise Fees 116. Copyright Fees 117. Interest Expense 118. Depreciation 119. Amortization 120. Federal Taxes 121. State Taxes 122. Local Taxes 123. All Other Expenses 124. TOTAL EXPENSES & TAXES 125. NET PROFIT (LOSS)

TANGIBLE PROPERTY OWNED (AT COST)

126. Land & Buildings 127. Leasehold Improvements 128. Tower & Headend 129. Trunk & Feeder 130. Subscriber Devices 131. Local Origination Equipment 132. Test & Vehicle Maintenance Equipment 133. Vehicles 134. Other Tangible Property 135. TOTAL TANGIBLE PROPERTY Schedule N Legal Status 136. Is your company currently involved in any litigation involving the validity of your franchise, or any other legal proceeding that could hinder your ability to operate this system? If so, explain in the space below.

Schedule O Certification I certify that, to the best of my knowledge, the information supplied on this form is true and correct.

Authorized Signature Date Print or Type Name and Title of Person Signing This Form 150CSR26

Series 27 Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles

W. Va. Code R. § 150-27-1 General

1.1. Scope. -- The following rules govern the transportation of coal upon public highways by commercial motor vehicles. The rules set forth the various requirements for the administrative processes and procedures to be followed by the regulated entities.

1.2. Authority. -- SB 583 passed March 8, 2003, and in effect from the date of passage; W. Va. Code. §§17C-17A-3(c); 17C-17A-5(k); 17C-17A-6(d); 17C-17A-7; 17C-17A-8(1); 17C-17A-8(3); 17C-17A-9(f)(4).

1.3. Filing Date. -- May 7, 2004.

1.4. Effective Date. -- July 7, 2004.

1.5. Application of Rules

1.5.a. If hardship results from the application of any rule contained herein or if unusual difficulty is involved in immediately complying with any rule, or upon other good cause shown, application may be made to the Commission for a temporary or permanent exemption or waiver from its provisions. No application for modification or exemption will be considered by the commission unless there is submitted therewith a full and complete justification for such action. Furthermore, to the extent the rule is based on a specific statutory requirement, the Commission is unable to waive such a provision.

1.5.b. Notice shall be provided of each waiver application as a Class I legal advertisement in a newspaper duly qualified by the Secretary of State, published and of general circulation in the area affected.

W. Va. Code R. § 150-27-2 Definitions

2.1. A "coal resource transportation road" means a road designated by the department of transportation as safe and sufficient to allow vehicles hauling coal to carry a greater gross and axle weight of up to one hundred and twenty thousand pounds, with a five percent variance. Together these designated roads comprise the "coal resource transportation system".

2.2. "Coal" or "coal by-products" means the mineral in raw or clean state and includes synthetic fuel manufactured or produced for which credit is allowable under 26 U.S.C. § 29 of the Internal Revenue Code (1996). Ash, scrubber sludge and other residue of coal burning shall not be considered coal or coal by-products.

2.3. "Commercial motor vehicle" means, for the purpose of these rules, a motor vehicle, with a gross vehicle rating of ten thousand one pounds or more, used to transport coal on the public highways for commercial purposes.

2.4. "Commission" means the Public Service Commission of West Virginia.

2.5. "Division" means the Division of Highways within the Department of Transportation.

2.6. "Mining operation" means any activity related to extraction of coal regulated under the provisions of the West Virginia Code.

2.7. "Operator" means the person driving a commercial motor vehicle transporting coal on any public highway of this state.

2.8. "Person" means any individual, partnership, firm, society, association, trust, corporation, other business entity or any agency, unit or instrumentality of federal, state or local government.

2.9. "Receiver" means the person who accepts for unloading coal from any commercial motor vehicle that has operated on any public highway in this state.

2.10. "Shipper" means the person who loads coal or causes coal to be loaded into any commercial motor vehicle that will operate on any public highway in this state.

2.11. “Ton” means 2,000 pounds.

2.12. "Vehicle owner" means the person who as owner or lessee of a commercial motor vehicle employs, contracts or otherwise directs a driver to operate that vehicle on a public highway of this state for the purpose of transporting coal.

W. Va. Code R. § 150-27-3 Permit Applications for the Coal Resource Transportation System

3.1. This special permit process applies to commercial motor vehicles utilized to transport coal at the enhanced weight levels provided in W. Va. Code §17C-17A-5 on a coal resource transportation road as designated by the Division.

3.2. An annual permit must be obtained for each commercial motor vehicle that operates upon the coal resource transportation system.

3.3. The initial permitting period shall run from October 1, 2003, through December 31, 2004. Subsequent permitting periods shall run from January 1 through December 31 of the following year.

3.4. The permittee will be required to comply with the weight limits established by the Division on any particular road within the coal resource transportation system.

3.5. The application will be made by the owner of the vehicle, who is the person in whose name the vehicle is registered. This requirement is subject to modification pursuant to section 3.6. The owner shall verify that the information contained within the application is true and accurate.

3.6. If the vehicle is leased to another, other than the operator, then the lessee shall be deemed the owner under these rules and shall make the application. If the lessee is also the operator, the owner must file the application.

3.7. The application will indicate the owner's or lessee's name, street and mailing address, and telephone number. If the application is by any entity other than a sole proprietor, then the application must designate a person legally responsible for receiving notices and for compliance with these rules. If the application is submitted by a business, the application must indicate that the applicant is registered to do business in the State of West Virginia.

3.8. The application must be made on a completed Form 1, which is attached to these rules. The form must be signed by a legally responsible individual whose signature must be acknowledged before a notary public.

3.9. The written application must be submitted to the Transportation Division and, if mailed, sent to:

Transportation Division Attn: Coal Permit Application

3.10. The application must be accompanied by the appropriate fee (see Form 1) which can be paid in cash if in person, otherwise by money order, other certified cash instrument or any other form of payment approved by the Commission.

3.11. In addition to the application fee payable to the Commission of $100 for one vehicle and $25 for each additional vehicle, the applicant will remit to the Commission the following special permit fee, whichever is applicable, as required by W. Va. Code §17C-17A-5. Such fee shall be paid by money order, other certified cash instrument, or any other form of payment approved by the Commission. The special permit fee will be prorated as indicated on the instruction sheet to Form 1. The special permit fees are as follows:

3.11.a. A single unit truck having one steering axle and two axles in tandem arrangement shall be limited to a maximum gross vehicle weight of 80,000 pounds with a tolerance of 5% and shall pay a special permit fee annually of $100.00;

3.11.b. A single unit truck having one steering axle and three axles in tridem arrangement shall be limited to a maximum gross vehicle weight of 90,000 pounds with a tolerance of 5% and shall pay a special permit fee annually of $160.00;

3.11.c. A tractor-semi trailer combination with five axles shall be limited to a maximum gross vehicle weight of 110,000 pounds with a tolerance of 5% and shall pay a special permit fee annually of $300.00;

3.11.d. A tractor-semi trailer combination with six or more axles shall be limited to a maximum gross vehicle weight of 120,000 pounds with a tolerance of 5% and shall pay a special permit fee annually of $500.00.

3.12. The application shall require a verification which must include the following:

3.12.a. a statement that the vehicle has a current state inspection sticker, if required, from the state where the vehicle is registered;

3.12.b. a statement that the owner has insurance as required by state law;

3.12.c. a copy of the current vehicle registration;

3.12.d. a statement that the vehicle, as configured, has a total combined axle rating capacity equal to or greater than the maximum amount of weight for which a special permit is sought; and,

3.12.e. a statement that the vehicle will be operated only by an operator with a valid commercial driver's license.

3.13. If a permit is granted, the Commission will return a stamped approved permit to the applicant and will provide a special permit indicium sticker to be used on the permitted commercial motor vehicle. During operation, the commercial motor vehicle must, at all times, carry the original Commission approved permit.

3.14. The special permit indicium sticker, which is issued with the approved application, shall be permanently affixed immediately below the window glass on the top of the door on the operator’s side of the commercial motor vehicle.

3.15. In the event a special permit indicium is lost, destroyed, stolen, or is otherwise unusable, the permit indicium will be replaced by the Transportation Division upon the submission of a copy of the original application/permit; an affidavit attesting the facts of the situation; and, a replacement fee of $25.

3.16. As a condition of receiving a special permit for the coal resource transportation system, any operator shall submit the vehicle for weighing by portable or stationary scales as required. Any operator or owner of a commercial motor vehicle or combination of vehicles who refuses to comply with weighing or safety requirements forfeits all privileges granted by the special permits.

3.17. As a condition of receiving a special permit, commercial motor vehicle owners and operators shall submit permitted commercial motor vehicles to safety checks and other commercial motor vehicle inspection requirements as required by Commission personnel.

3.18. For each shipment with a gross vehicle weight in excess of 88,000 pounds in the preceding month, the shipper shall remit to the Commission by the 10th day of each month a payment of 5 cents per ton applied to the total tonnage of coal involved in each such shipment. For example, if a truck shipment has a gross weight of 100,000 pounds and the truck has a tare weight of 40,000 pounds, the 5¢ would be imposed on 60,000 pounds (5¢ times 30 tons or $1.50). The Commission shall deposit the revenue from such fees in the coal resource transportation fund. Payments should be mailed to:

Attn: Executive Director

3.19. The permits issued pursuant to these rules are specific both as to owner and commercial motor vehicle. If either of these two elements of the permit changes, then the permit shall be void and a modified permit shall be required. If a commercial motor vehicle having a valid permit is sold or registered to a different person, the new owner must either apply for a modified permit or obtain a new permit. If an owner wishes to transfer a valid permit to a different vehicle (rather than obtain a completely new permit for such different vehicle), the owner must apply for a modified permit. The fee for modifying a permit shall be $25.00. A permit modification shall apply only to the owner or the commercial motor vehicle, not both. A permit modification shall not change the expiration date of the permit. 3.20 All fees established by these rules shall be deposited into the Public Service Commission Fund. The statutory fees which are set forth in W. Va. Code § 17C-17A-3(b)(5) and 17C-17A-5(b) are to be paid to the CRTS road fund.

W. Va. Code R. § 150-27-4 Reporting of Coal Shipments

4.1. All shippers and all receivers of coal which is transported over any coal resource transportation road must register with the Commission by providing the information required on Form 2 (attached hereto) no later than the date they are required to report coal shipments under these rules.

4.2. Shippers and receivers shall report timely and accurately the gross weight in pounds of every coal shipment by commercial motor vehicle over any coal resource transportation road, including the date and time when the shipment was weighed. Receivers of coal shipments who are residential, school, or hospital end users are not required to report.

4.3. Shippers and receivers transporting coal in a commercial motor vehicle over any coal resource transportation road shall begin reporting on October 1, 2003.

4.4. Reports concerning shipments of coal upon a coal resource transportation road shall be submitted using one of the following methods:

4.4.a. ASCII semicolon delimited file transferred to a site provided to individual shippers and receivers by the Commission; OR

4.4.b. Manual entry via a Commission provided internet application which will be provided after users register. Access to the web form will require a user ID and password provided by the Commission if requested on Form 2.

4.5. Reports concerning shipments of coal upon a coal resource transportation road shall be submitted electronically in the order listed below and shall specify:

4.5.a. Transaction Number: up to 25 character alphanumeric, a unique identifier for the transaction beginning with the reporter’s site ID;

4.5.b. Shipper Transaction Number: up to 25 character alphanumeric, beginning with the shipper’s site ID - the shipper’s transaction number;

4.5.c. Shipper ID: up to 10 character alphanumeric, Commission assigned identifier for the shipper - usually the WV Permit number assigned by Miner’s Health Safety & Training;

4.5.d. Receiver ID: up to 10 character alphanumeric, Commission assigned identifier for the receiver - usually the WV Permit number assigned by the West Virginia Office of Miners’ Health Safety & Training;

4.5.e. Source: 1 character alphanumeric, this is being reported by the - S for shipper or R for receiver;

4.5.f. CRTS Permit Number: up to 13 character alphanumeric, overweight permit number (if applicable, otherwise a space);

4.5.g. Shipment Date & Time: mm/dd/yyyy hh:mm (24 hour military time), when the shipment was weighed;

4.5.h. Gross Weight: up to 6 digit numeric, weight in pounds;

4.5.i. CRTS Shipment: 1 character alphanumeric, A for All, P for Partial, or N for None.

4.6. In order to constitute timely reporting under the statute and these rules concerning shipments of coal upon a coal resource transportation road, shippers and receivers must meet the following requirements:

4.6.a. Shipper. A shipper must submit its report by 4:00 p.m. of the next business day following the date of shipment. Business days will be considered Monday through Friday excluding official state or federal holidays.

4.6.b. Receiver. A receiver must submit its report by 4:00 p.m. of the next business day following the date of receipt. Business days will be considered Monday through Friday excluding official state or federal holidays.

4.7. In order to constitute accurate reporting under the statute and these rules concerning shipments of coal upon a coal resource transportation road, shippers and receivers must meet the following requirements:

4.7.a. Shipper. A shipper may weigh the gross vehicle weight of each coal shipment by scales certified by the Division of Labor or may weigh and report the weight by estimate, provided that the method of estimating weight is reasonably accurate, the gross vehicle weight does not exceed legal limits, the weight of the truck and its load will be determined by the receiver using certified scales, and the shipper accepts responsibility for monetary administrative penalties imposed for excess weight as provided for in W. Va. Code §17C-17A-9.

4.7.b. Receiver. A receiver shall determine and report the gross vehicle weight of such coal shipment with scales certified by the Division of Labor.

4.8. Concerning shipments of coal upon a coal resource transportation road, shippers shall provide a bill of lading to the operator before leaving the site. The information on the document shall include the shipper transaction number, the shipper ID number, the gross vehicle weight, the coal weight, the date and time of shipment, and the origin of the shipment and destination. The document shall be available for inspection by law enforcement personnel and shall be presented to the receiver for communication of the shipper transaction number and shipper ID number for the receiver report to the Commission.

4.9. An owner of a commercial motor vehicle who transports coal on a coal resource transportation road in this state shall report to the Commission all citations issued to an operator of that vehicle for an unsafe vehicle condition or for speeding or other unsafe vehicle operation. Reports must be submitted to the Commission’s Transportation Division no later than 10 business days following issuance of the citation.

4.10. Any receiver receiving any vehicle transporting coal in excess of 88,000 pounds on any non-coal resource transportation highway shall file a report with the Commission, identifying the vehicle and its driver within twenty-four hours of being received. The report may be mailed by first class mail, postmarked within twenty-four hours of the coal shipment being received, signed by an authorized representative of the receiver, addressed to the Attn: Director of Transportation Division

4.11. If a shipper, receiver or owner fails to timely or accurately report as required by these rules, he or she shall be subject to an administrative penalty of up to $100 per shipment.

4.12. When the Commission staff becomes aware of untimely and/or inaccurate reports, a notice of violation will be issued by letter directed to the shipper, receiver and/or vehicle owner. The notice will be issued by the staff, establishing the amount of administrative penalty. The letter shall provide that the penalty be paid no later than twenty days after receipt. The payment of the penalty should be mailed to:

Attn: Executive Director

4.13. The imposition of an administrative penalty is final unless a request for a hearing is received by the Commission within twenty days from the receipt of the notice. If a hearing is requested, the procedures under section 5, “Administrative process for issuing administrative sanctions” will be followed.

W. Va. Code R. § 150-27-5 Administrative Process for Issuing Administrative Sanctions

5.1. An enforcement officer of the Commission shall issue a uniform citation for violations of law involving commercial motor vehicles.

5.1.a. A copy of the citation will be returned to the Transportation Division, weight enforcement unit.

5.1.b. The citation should indicate that the offense occurred on the coal resource transportation system and should identify the road by number and the approximate location of the violation.

5.1.c. The citation should indicate whether there is a Commission-issued special permit for the commercial motor vehicle to operate on the coal resource transportation system, and if so, the number of the permit.

5.1.d. If the commercial motor vehicle is cited for being overweight, the weight of vehicle as determined by the bill of lading, a coal transaction report, or scales must be indicated on the citation.

5.1.e. The citation must indicate the number of axles of the commercial motor vehicle.

5.1.f. If the operator of a commercial motor vehicle is cited for speeding, the posted speed limit and the speed of the vehicle must be indicated.

5.1.g. The citation should identify the shipper transaction number (Rule 4.6.b. and 4.9) of the shipment.

5.2. Upon receipt of a copy of the citation involving a coal shipment on a coal resource transportation road, the staff will issue a notice of violation no later than 30 days from the date of the citation.

5.3. Upon receipt of information from a coal shipment report that indicates that a violation has occurred, the staff will issue a notice of violation no later than 30 days from the receipt of such information.

5.4. A written notice of violation will be provided to the shipper, owner, and driver by letter, sent by certified mail or personally served, informing them of the sanction to be imposed and their rights under W. Va. Code §17C-17A-9.

5.5. If a hearing is not requested as provided herein, the notice of violation shall become a final order of the Commission.

5.6. The Commission can take administrative notice of a magistrate court conviction at any time during the administrative sanction process and impose administrative sanctions against the party convicted without further process.

5.7. If a hearing is requested, the request must be in writing and received by the Executive Secretary no later than twenty days from the receipt of the notice of violation. The request for hearing must include a copy of the citation. In addition, the request must identify whether the person is a shipper, owner or lessee, driver, or receiver. There will be one proceeding for all persons subject to administrative sanctions in a particular cited incident who have filed a request for hearing. For example, if both the operator and owner request a hearing concerning a particular violation, the Commission will provide one hearing at which they would both appear. If one person requests a hearing and another does not, the Commission may proceed to impose administrative sanctions against a party that does not request a hearing. Requests for hearing must be delivered to:

Public Service Commission of WV Attn: Executive Secretary

5.8. Upon receipt of the request for hearing, the Secretary’s office shall give the request a case number designation. The request will be forwarded to the employees designated by the Commission to conduct hearings.

5.8.a. Initial hearings will be conducted by an employee of the Commission designated to issue final orders of the Commission for violations under W. Va. Code Chapter 17C, Article 17A. The proceedings will be electronically recorded by audio and/or video equipment or by such other method as determined by the Commission. The rules of evidence will not apply. Enforcement personnel can appear and participate without counsel. Hearings will be in Charleston, W.Va. Individuals can appear and represent their own interests. However, third parties, who are not lawyers admitted to practice in this state, cannot represent the interests of others.

5.8.b. Decisions will be made by written order, dated and signed by a hearing officer. An initial decision shall become a final order of the Commission if an appeal is not timely filed as herein provided.

5.8.c. Appeals to these decisions may be made to the Division of Administrative Law Judges by filing an appeal within 10 days of the initial decision in the Executive Secretary’s Office. Appeals will be assigned to an individual Administrative Law Judge who will review the record. The Administrative Law Judge will have the right to adopt, modify, or reject the initial decision. As deemed necessary, the Administrative Law Judge can conduct further hearing proceedings. Further proceedings can either be electronically recorded or taken by a court reporter at the discretion of the Administrative Law Judge. The Administrative Law Judge will issue a final order containing findings of fact and conclusions of law.

5.8.d. If a violation is found, the violator shall pay the costs of the Commission proceedings as follows:

1. initial proceeding, $150; and, 2. an additional fee for an appeal proceeding involving an Administrative Law Judge, $300.

W. Va. Code R. § 150-27-6 Administrative Sanctions Concerning Coal Shipments

6.1. Administrative sanctions.

In additions to other penalties provided by law, the following administrative sanctions, which are contained within W. Va. Code §17C-17A-9, shall be imposed for various violations occurring upon the coal resource transportation system. These sanctions become effective for violations occurring on or after October 1, 2003.

6.1.a. Shipper and excess weight.

If a shipper of coal loads coal in an amount which causes the gross weight of the commercial motor vehicle to be in excess of the lawful weight limits established in W. Va. Code Article 17A of Chapter 17C, then the shipper shall pay an administrative penalty per pound, for the first and subsequent offenses, in accordance with the schedules set forth in W. Va. Code § 17C-17A-10. For example, if the vehicle is 10,000 pounds overweight, the penalty would be $700 (10,000 pounds x 7 cents).

6.1.b. Operator, owner without a special permit and in violation of weight limits.

If a commercial motor vehicle is operated on a coal resource transportation road with a gross vehicle weight in excess of the lawful maximum weight for a coal resource transportation road without a special permit, the operator and owner of the vehicle shall be subject to the following administrative penalties.

1. The operator shall have his commercial driver’s license suspended by the Department of Motor Vehicles for a period of ninety days for the first offense, six months for the second offense, and one year for the third offense: provided, that the operator can avoid these penalties by presenting to the Commission, within 5 days of the offense, a permit that has expired for less than 30 days prior to the offense.

2. The owner shall have all state-issued hauling permits then in force suspended by the Commission for a period of ninety days for the first offense, six months for the second offense, and revoked for the third offense: provided, that the owner can avoid these penalties by presenting to the Commission, within 5 days of the offense, a permit that has expired for less than 30 days prior to the offense. An owner is prohibited from applying for a CRTS permit for a period of one year following the revocation. If there is no permit then in force, the owner shall have his or her commercial motor vehicle registration suspended by the Department of Motor Vehicles for a period of ninety days for the first offense, six months for the second offense and revoked for the third offense.

6.1.c. Operator, owner with a special permit and in violation of weight limits.

If a commercial motor vehicle is operated on a coal resource transportation road with a gross vehicle weight in excess of the lawful maximum weight for a coal resource transportation road allowed by the special permit, the operator and owner of the vehicle shall be subject to the following administrative penalties.

1. The operator shall have his commercial driver’s license suspended by the Department of Motor Vehicles for a period of three days for the first offense, thirty days for the second offense, and six months for the third offense.

2. The owner shall have the special permit suspended by the Commission for a period of three days for the first offense, thirty days for the second offense and revoked for the third offense. An owner is prohibited from applying for a CRTS permit for a period of one year following the revocation.

6.1.d. Operator, owner with a suspended special permit and in violation of weight limits.

If a commercial motor vehicle with a suspended special permit is operated upon a coal resource transportation road in excess of the weight limits imposed by W. Va. Code Article 17 of Chapter 17C, the operator and owner of the vehicle shall be subject to the following administrative penalties.

1. The operator shall have his commercial driver’s license suspended by the Department of Motor Vehicles for a period of six months for the first offense, twelve months for the second offense, and two years for the third offense: provided, that if the operator is also the owner, the owner penalties shall also apply.

2. The owner shall have all state-issued permits then in force suspended by the Commission or, if applicable, the commissioner of highways for a period of twelve months for the first offense, two years for the second offense and revoked for the third offense. An owner is prohibited from applying for a CRTS permit for a period of one year following the revocation.

6.1.e. Operator with a permit who speeds upon a coal resource transportation road.

An operator of a commercial motor vehicle that has a special permit and is charged with a violation of W. Va. Code § 17C-6-1 upon a coal resource transportation road shall have his or her commercial driver’s license suspended by the Department of Motor Vehicles for a period of three days for the first offense, thirty days for the second offense and revoked for the third offense.

6.1.f. Falsifying information in the acquisition of a special permit.

If any person falsifies information relating to the acquisition of a special permit, then that person shall have his or her driver’s license, including a commercial driver’s license, suspended by the Department of Motor Vehicles for a period of sixty days for the first offense, one hundred and twenty days for the second offense and six months for the third offense. Further, if the person is regulated pursuant to W. Va. Code Article 17A, Chapter 17C, the person’s state-issued business license shall be suspended by the commissioner of the state tax division for a period of six months for the first offense, one year for the second offense and two years for the third offense.

6.1.g. Altered, forged or counterfeited permit.

Any person who fabricates or displays an altered, forged or counterfeited permit shall have his or her driver’s license, including a commercial driver’s license, suspended by the Department of Motor Vehicles for a period of sixty days for the first offense, one hundred twenty days for the second offense and revoked for the third offense. In addition, without hearing, the Commission or its law enforcement employees may immediately confiscate an altered, forged or counterfeited permit, or a permit used by someone other than the applicant or for another vehicle. Upon the issuance of a citation alleging a violation of this subsection, the vehicle and its load shall be impounded as provided in these rules.

6.1.h. Bribes.

Any person that bribes or attempts to bribe an employee of the State or who gives such an employee a gift, gratuity, entertainment, loan, favor or other thing of monetary value for the purpose of avoiding any penalties permitted in these rules shall have his or her state-issued special permit suspended by the Commission for a period of sixty days for the first offense, one hundred and twenty days for the second offense and revoked for the third offense. An owner is prohibited from applying for a CRTS permit for a period of one year following the revocation.

6.1.i. Aiding and abetting.

Any person who aids or abets another person’s attempt to avoid any suspension provided herein shall have his or her driver’s license, including a commercial driver’s license, suspended by the Department of Motor Vehicles for a period of sixty days for the first offense, one hundred and twenty days for the second offense and six months for the third offense and shall have his or her state-issued business license suspended by the tax commissioner for a period of three months for the first offense, six months for the second offense and one year for the third offense.

6.2. In the case of multiple violations by a permittee, shipper, operator or receiver, the Commission may direct that any imposed suspension under these rules be served concurrently or consecutively, taking into account the frequency of violations committed during the inclusive time periods, or in the same course of misconduct if the Commission determines that sufficient mitigating or aggravating circumstances are present.

6.3. Without providing a hearing, the Commission may immediately suspend a person from obtaining special permits or operating under special permit authority for failure to pay a fee required under this article or these rules until proper payment is received.

6.4. For the purpose of applying the enhanced penalty provisions of these administrative sanctions, the penalty(ies) for the second or subsequent offenses shall be applicable whenever such offenses occur within the twelve-month period immediately following the date of the final order assessing the first penalty.

6.5. A copy of the Commission’s final order imposing administrative sanctions will be sent to the violator. Upon the receipt of notice of the Commission’s action, the state agency responsible for administering the penalty will promptly administer the appropriate sanction.

6.6. Monetary penalties are payable to the Commission no later than 10 days after the date the order that imposes the penalty becomes final. The payment of penalties should be mailed to:

Attn: Executive Director

W. Va. Code R. § 150-27-7 Appeals of Administrative Sanctions

Petitions for appeal of Administrative Law Judge decisions may be made to the Supreme Court by filing a petition of appeal within 30 days from the date of the final order. The filing of an appeal will not stay the effect of a final order. A motion for stay must be filed with the Court if a stay is sought.

W. Va. Code R. § 150-27-8 Impoundments of Vehicle and Its Load

8.1. A commercial motor vehicle and its load shall be impounded by a law enforcement officer pursuant to this section.

8.1.a. If a law enforcement officer determines that a permit has been altered, forged or counterfeited or used in violation of its terms or conditions, which shall mean used in a commercial motor vehicle different than that identified in the application or permit or by an owner or lessee other than the applicant, the permit shall be immediately confiscated, the permit indicium shall be removed, and the commercial motor vehicle and its load shall be impounded pursuant to the following procedure pending a hearing by the Commission.

8.1.b. If a law enforcement officer issues a criminal citation to an owner of a commercial motor vehicle operating on the coal resource transportation system, for a violation under W. Va. Code §17C-17A-10, then the officer shall impound the vehicle and its load.

8.2. The impoundment of a commercial motor vehicle and its load shall be in accordance with the following procedure.

8.2.a. The commercial motor vehicle and its load shall be taken to a storage facility capable of and willing to store the commercial motor vehicle and its load.

8.2.b. The owner of the commercial motor vehicle shall be responsible for the payment of any storage fees.

8.2.c. For a violation under subsection 9.1.a., (W. Va. Code § 17C-17A-9(e)), the commercial motor vehicle will be impounded until a hearing is conducted. After the hearing and issuance of a final order, the vehicle and its load will be released provided the owner thereof has complied with the Commission’s order.

8.2.d. In the event the commercial motor vehicle is impounded for a weight violation under subsection 9.1.b., (W. Va. Code § 17C-17A-10) the vehicle shall not be released until the owner has:

1. been acquitted of the charge;

2. been found guilty of the charge and paid any fine assessed under subsection (a) or (b) of W. Va. Code §17C-17A-10; or, 3. furnished cash or surety bond in at least double the amount of the fine which may be assessed the offender under subsections (a) or (b) of W. Va. Code §17C-17A-10 conditioned upon the payment of any fine and costs assessed for the violation. Provided, however, that a commercial motor vehicle shall not be impounded under this subsection if the owner is a resident of or has a principal place of business located in this state and the vehicle has been duly licensed in the state.

W. Va. Code R. § 150-27-9 Scales for Weighing Coal Shipments

9.1. All certified scales used to weigh coal shipments under these rules must be approved and inspected on a regular basis by the Division of Labor.

9.2. In any hearing involving administrative sanctions, a current certification of scales and/or speed detection equipment establishes a rebuttable presumption that the equipment is accurate.

W. Va. Code R. § 150-27-10 Vehicle Operations and Safety

10.1. Any vehicle or combination of vehicles transporting coal upon the public highways of this state shall be securely covered to prevent the escape of the load on any trip exceeding a total distance of one mile on any public highway.

10.2. An operator who has less than two years commercial driving experience, shall not operate a commercial motor vehicle transporting coal upon the coal resource transportation system until he or she has received twenty-four hours mandatory specialized training requirements for commercial vehicle operators. Provided that existing operators with less than two years commercial driving experience on October 1, 2003, shall have six months within which to complete the specialized training. Provided further that the Commission will accept a Coal Truck Driver’s Certification issued by the West Virginia Office of Miners’ Health, Safety & Training in lieu of the first eight hours of the twenty-four hour training requirement.

10.3. Operators of commercial motor vehicles on the coal resource transportation system shall be subject to drug and alcohol testing. Such testing may be required by an enforcement officer based upon reasonable cause or it may be the result of random testing established by the Commission. Refusal to submit to such testing shall result in the commercial motor vehicle being placed out of service.

W. Va. Code R. § 150-27-11 Business Records

11.1. The Commission’s employees may, during normal business hours, conduct inspections of all trucking-related records of shippers, vehicle operators, vehicle owners and receivers engaged in the transportation of coal. Copies of records shall be provided to Commission employees upon request.

11.2. Records required by these rules shall be retained for three years.

W. Va. Code R. § 150-27-12 Public Toll Free Number

The public may report poor driving or law violations by calling a toll free number maintained by the Commission, 1-866-SEE-TRUX. Each commercial motor vehicle which has received a special permit to transport coal on the coal resource transportation system must clearly display the toll free number on the vehicle, in characters of a minimum height of six inches, visible from each side and the rear of the vehicle.

W. Va. Code R. § 150-27-13 Forms

Form 1 Application for CRTS Permit Form 2 Shipper and Receiver Registration 150 CSR 27 FORM 1 Application for CRTS Permit January 1, ______ through December 31,______ (PSC Use Only)

PSC Permit No.: Processed By:

SECTION 1 - APPLICANT INFORMATION

1. Legal Name: _________________________________________________________________________ 2) Mailing Address: ______________________________________________________________________ 3) Physical Address (if different from mailing address): __________________________________________ 4) Telephone: ________________ 5) Fax: __________________ 6) E-mail:________________________ 7) Contact person/Agent for service of process*:

Name_________________________________ Title___________________________________ Address________________________________ Phone Number___________________________ *Person certified by company to receive Notice of Violation or other legal notification.

8. Is applicant registered to do business in West Virginia? Yes No 9) Applicant is: Sole Proprietorship Limited Liability Company* Corporation*______ General Partnership___ Limited Liability Partnership______ Association_______ Limited Partnership*_____ *Proof of registration with Secretary of State’s Office must be attached. See instructions for further details.

9. WV Taxpayer ID Number*: _________________ *A copy of your West Virginia business license must be attached.

10. Federal Employer ID Number: ______________ 12) WV Miner’s Health, Safety & Training Permit Number: _________________ 13) Workers Compensation Policy Number: ____________ Effective dates of policy: _________________ 14) USDOT Number: __________ 15) Is applicant lessee? ____Yes ____No (If yes, copy of lease agreement must be attached.)

SECTION 2-VEHICLE INFORMATION

1. Truck/Tractor:

V.I.N. Number_____________________________ License Plate Number:________________________ Year, Make and Model______________________ Issuing State________________________________ Gross Vehicle Weight Rating_________________ Date of Most Recent State Inspection____________ Empty Weight_____________________________ 2) Number of Axles: ______ Class A(Single unit truck having one steering axle and two axles in tandem, with a GVWR of 80,000 lbs.) ______ Class B(Single unit truck having one steering axle and three axles in tandem, with a GVWR of 90,000 lbs.) ______ Class C(Tractor-semitrailer combination with five axles and a GVWR of 110,000 lbs.) ______ Class D(Tractor-semitrailer combination with six or more axles and a GVWR of 120,000 lbs.)

(Note: A copy of the current vehicle registration must be attached to this application.) .........................................................................................................................................

SECTION 2 - ADDITIONAL VEHICLE LISTING

1. Truck/Tractor:

V.I.N. Number_____________________________ License Plate Number:________________________ Year, Make and Model______________________ Issuing State________________________________ Gross Vehicle Weight Rating_________________ Date of Most Recent State Inspection____________ Empty Weight_____________________________ 2) Number of Axles: ______ Class A(Single unit truck having one steering axle and two axles in tandem, with a GVWR of 80,000 lbs.) ______ Class B(Single unit truck having one steering axle and three axles in tandem, with a GVWR of 90,000 lbs.) ______ Class C(Tractor-semitrailer combination with five axles and a GVWR of 110,000 lbs.) ______ Class D(Tractor-semitrailer combination with six or more axles and a GVWR of 120,000 lbs.)

(Note: A copy of the current vehicle registration must be attached to this application.) ..............................................................................................................................

This page may be copied as necessary, for purposes of multiple vehicle registration.

SECTION 3-FEE SCHEDULE

FEES TO BE PAID: _______ Processing fee($100.00 for 1st vehicle registered, then $25.00 for each additional vehicle) _______ Special Permit fee for vehicle (see section 3 of the attached instructions)

_______ TOTAL AMOUNT DUE

Payment must be in cash or certified funds.

All certified funds should be made out to the order of: “West Virginia Public Service Commission” ............................................................................................................................................................

Return application with payment to: West Virginia Public Service Commission 710 Central Avenue Charleston, WV 25302 ATT: CRTS Permits 304-558-3723 Remember to attach: 1) Copy of current vehicle(s) registration.

2. Copy of current West Virginia business license.

3. Copy of current proof of corporate status on file with Secretary of State’s office (if applicable).

4. Copy of current lease agreement(s) (if applicable).

5. Payment of correct fees in certified funds. ............................................................................................................................................

VERIFICATION

I swear (or affirm) that:

1. Each above-named applicant has insurance as required by applicable state law.

2. Each above-named vehicle has, and any attached trailer will have, a current state inspection sticker from the registration state.

3. Each above-named vehicle, as configured, will have a total combined axle rating capacity equal to or greater than the maximum amount of weight for which this special permit is sought.

4. Each above-named vehicle will be operated only by a driver with a valid commercial drivers license.

5. This application has been prepared or examined by me, and to the best of my knowledge is true, correct and complete.

AFFIANT_________________________________________

Sworn to and subscribed before me this __________ day of , 20 NOTARY PUBLIC______________________ My commission expires__________________, 20_______ County____________________ State_________________ INSTRUCTIONS FOR COMPLETING FORM 1

SECTION 1-APPLICANT INFORMATION

1. This will be the applicant’s complete legal name, including the trade name of the business, if a trade name is used. (Example: John B. Doe doing business as John’s Coal Hauling.) If the applicant is a corporation, the complete corporate name should be used, including trade name if applicable. 2 through 6) These questions will show all contact information for the applicant.

2. The contact person/Agent of process must be the properly designated person of an applicant for receiving Notice of Violation or other legal process, if any. All corporations must use the agent of process designated to the WV Secretary of State’s office.

3. The applicant must be registered with any applicable state and/or Federal agency, as required by law. This information will be verified before a CRTS permit is issued to the applicant.

4. The applicant must indicate their company tax status, as registered with the WV State Tax Department. All categories marked with an asterisk (*) must be registered with the office of the WV Secretary of State. The applicant must attach a copy of their certificate of incorporation to the CRTS. For more information on registering a corporation, call:

Corporations Division WV Secretary of State Building 1, Room W-151 1900 Kanawha Boulevard East Charleston, WV 25305-0770 304-558-8000 www.wvsos.com 10) All applicants must have a West Virginia Taxpayer ID Number, which is the identifying number on a business license issued by the WV State Tax Department. A copy of the applicant’s WV business license must be attached to this application. For more information, call:

WV State Tax Department P.O. Box 3784/1206 Quarrier Street Charleston, WV 25337-3784 (304)558-3333 or 1-800-982-8297 www.state.wv.us/taxdiv 11) All applicants that employ anyone other than themselves must have a Federal Employer ID Number, issued by the Internal Revenue Service. For more information, call:

Internal Revenue Service 1-800-829-3676 www.irs.gov/ 12) All applicants must be registered with the WV Office of Miner’s Health, Safety and Training. For more information, call:

WV Office of Miner’s Health, Safety and Training 1615 Washington Street East Charleston, WV 25311-2126 304-558-1425 13) All applicants must be in good standing with the WV Workers Compensation Division. For more information, call:

WV Workers Compensation Division Underwriting Unit P.O. Box 3064/4700 MacCorkle Avenue SE Charleston, WV 25334-3064 Phone: 304-926-5000 Fax: 304-926-1996 www.state.wv.us/BEP/wc 14) All applicants must have a U.S. Department of Transportation (DOT) safety rating number. For more information, contact:

U.S. Department of Transportation 304-347-5935 or 800-832-5660 www.fmcsa.dot.gov/ 15) If the applicant is leasing equipment from other individuals or companies, a copy of the lease agreement must be attached.

SECTION 2-VEHICLE INFORMATION

The following information must be included for each vehicle to be registered:

A) Vehicle Identification Number B) Year, make and model of power unit.

C) Manufacturer gross vehicle weight rating.

D) Empty weight.

(Note: If registering a tractor-trailer unit, use the combined GVWR ratings and empty weights.)

E) Current license plate number of power unit.

F) The state that issued the current license plate number of the power unit.

G) The date of the most recent state inspection for the power unit.

H) The number of axles on each truck or truck-trailer combination.

A copy of the vehicle registration for the current year must be attached to the application.

SECTION 3-FEE SCHEDULE

The fees should be figured as follows:

1. There is a processing fee of $100.00 for the first vehicle registered, plus $25.00 for each additional vehicle.

2. There is a Special Permit fee for each vehicle, based on the fee schedule below.

CLASS A CLASS B CLASS C CLASS D

ANNUAL FEE: $100.00 $160.00 $300.00 $500.00

After January 31st 92.00 147.00 275.00 458.00 After February 28th 83.00 133.00 250.00 417.00 After March 31st 75.00 120.00 225.00 375.00 After April 30th 67.00 107.00 200.00 333.00 After May 31st 58.00 93.00 175.00 292.00 After June 30th 50.00 80.00 150.00 250.00 After July 31st 42.00 67.00 125.00 208.00 After August 31st 33.00 53.00 100.00 167.00 After September 30th 25.00 40.00 75.00 125.00 After October 31st 17.00 27.00 50.00 83.00 After November 30th 8.00 13.00 25.00 42.00 EXAMPLE 1: To register two Class D trucks on October 1st : $ 125.00 Processing Fee (2 trucks) $1,000.00 Special Permit Fee (2 Class D vehicles x $500.00) $1,125.00 Total fees to be paid.

EXAMPLE 2: To register one Class A truck and one Class C truck on February 2nd : $125.00 Processing Fee (2 trucks) $267.00 Special Permit Fee ($ 67.00 - 1 Class A truck after January 31st $200.00 - 1 Class C truck after January 31st) ______________________________________________________ $392.00 Total fees to be paid.

VERIFICATION

The applicant should sign on the line marked “AFFIANT.” The application must be notarized in order to be processed.

150 CSR 27

Form 2 Shipper and Receiver Registration MAIL TO:

Public Service Commission of WV PO Box 812 Charleston, WV 25323 Please Print or Type the Requested Information Below PARENT COMPANY INFORMATION COMPANY NAME COMPANY ADDRESS (PO Box or Number and Street)

CITY, STATE, ZIP CODE

COMPANY PHONE NUMBER

COMPANY FAX NUMBER

COMPANY AGENT (List only ONE person.)

SITE INFORMATION

WV PERMIT NUMBER (MHS&T)

TAX ID

TYPE: CHOSE ONLY ONE OF THE OPTIONS LISTED:

SHIPPER  RECEIVER  BOTH 

SITE NAME

ADDRESS

CITY, STATE, ZIP CODE

SITE PHONE NUMBER

COUNTY

DOH DISTRICT

LATITUDE

HR MIN SEC

LONGITUDE

HR MIN SEC

DESCRIPTION OF LOCATION (Give detailed driving directions to site.)

SITE CONTACT INFORMATION - LIST ONLY ONE PERSON

NAME

TITLE

E-MAIL ADDRESS

PHONE NUMBER

FAX NUMBER

COAL REPORTING - SUPPLEMENTAL SITE INFORMATION

DAYS AND HOURS OF OPERATION

NUMBER OF TRUCKS YOU LOAD ON AN AVERAGE DAY

NUMBER OF TRUCKS YOU UNLOAD ON AN AVERAGE DAY

LIST SITES YOU SHIP COAL TO / RECEIVE COAL FROM ON A REGULAR BASIS _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ DO YOU CURRENTLY HAVE SCALES?

YES  NO 

ARE YOUR SCALES COMPUTERIZED?

YES  NO 

IF SCALES ARE COMPUTERIZED, WHO IS YOUR VENDOR?

CONTACT INFORMATION FOR VENDOR: _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ DETAILS: _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ ARE YOU CURRENTLY SET UP TO COLLECT DATA ELECTRONICALLY FOR INTERNAL PURPOSES?

YES  NO 

DO YOU HAVE COMMUNICATION LINES TO YOUR SITE?

YES  NO 

WHAT KIND OF COMMUNICATION LINES DO YOU CURRENTLY HAVE? _______________________________________________________________________________________________ WEB INFORMATION DO YOU PLAN TO USE ON-LINE DATA ENTRY OR FILE TRANSFER?

NOTE: If you chose Data Entry, you must fill out the requested information below in its entirety.

INTERNAL COORDINATOR (Please list only ONE person. This person is to be used as a contact person to the PSC in order to request changes in users or password information, etc. A ONE WORD password will need to be listed below for this person to use when any requests are to be made. A web e-mail address will also need to be provided.)

NAME

PASSWORD

WEB E-MAIL ADDRESS

USER INSTRUCTIONS::

Please list each user’s below. You may have up to 5 users. An account will be set up for each user listed. 1. 2. 3. 4. 5.

 IMPORTANT, PLEASE READ

Access to the entry screen will require a valid user id and password. If an employee who has had access to a user id and password for a site leaves the company, it is the company’s responsibility to notify the PSC and have the password changed or the user id revoked.

VERIFICATION

 IMPORTANT, PLEASE READ AND SIGN

To complete registration, verification must be signed and notarized.

I swear (or affirm) that this application has been prepared or examined by me, a legally responsible representative of the applicant, and to the best of my knowledge is true, correct and complete. Further, if I am a shipper of coal on the CRTS and elect to report weights based on estimates, I accept responsibility for administrative penalties if weights exceed legal limits and timely reports are not made to the Commission. I agree to provide the Commission with notice of changes in my reporting information as they occur.

AFFIANT _______________________________________________________________________________

SWORN TO AND SUBSCRIBED BEFORE ME THIS _________ DAY OF , ______________________________20

NOTARY PUBLIC _________________________________________________

MY COMMISSION EXPIRES _____________________20

COUNTY _____________________________________ STATE_____________

150CSR27

150CSR27

150CSR27

150CSR27

(PSC Use Only)

(PSC Use Only)

Series 28 Rules To Govern Fees For Installation Of United States Department Of Veterans Affairs Grave Markers

W. Va. Code R. § 150-28-1 General

1.1. Scope. -- These Rules govern fees for installation of United States Department of Veterans Affairs Grave Markers provided free of charge to families of deceased United States Armed Service veterans.

1.2. Authority. -- W. Va. Code §24F-1-1 et seq.

1.3. Filing Date. -- January 23, 2006.

1.4. Effective Date. -- March 24, 2006.

1.5. Purpose. -- These Rules establish maximum fees that may be charged by service providers, as defined herein, for the setting and installation of United States Department of Veterans Affairs Grave Markers provided free of charge to families of deceased United States Armed Services veterans.

1.6. Application.

1.6.a. These Rules apply to service providers as defined herein.

1.6.b. If hardship results from the application of any rule or if unusual difficulty is involved in immediately complying with any rule, application may be made to the Commission for the modification of the rule or for temporary or permanent exemption from its provisions. Provided, that no application for modification or exemption will be considered by the Commission unless there is submitted therewith a full and complete justification for such action.

1.6.c. The Service Provider may make application for modification of these Rules. Grounds for modification may include, but are not limited to, changes in cost, market forces, price fluctuations, labor costs, and/or any other relevant market conditions.

1.7. Definitions.

1.7.a. Basic Installation - The permanent installation of a Veteran’s Marker on a concrete base not to exceed 28 x 16 inches.

1.7.b. Granite Installation - The permanent installation of a Veteran’s Marker on a granite slab with or without a concrete base, where the customer provides the granite, which granite shall not exceed 28 x 16 inches.

1.7.c. Granite Purchase Installation - The permanent installation of a Veteran’s Marker mounted on a granite slab with or without a concrete base, where the granite is purchased by the customer from the Service Provider, which granite shall not exceed 28 x 16 inches and be of industry standard color.

1.7.d. Market Price - The price that is listed on a Service Provider’s standard price list kept on record, as part of the normal course of business by a Service Provider at the date of the installation of the Veteran’s Marker.

1.7.e. Customer - A person or entity requesting installation of a Veteran’s Marker as described in 1.7.a. at the grave of a deceased United States Veteran.

1.7.f. Perpetual Care Fee - A Service Provider charge to a Customer to pay for perpetual care of an installed Veteran’s Grave Marker.

1.7.g. Service Provider - Any cemetery, cemetery association, cemetery company, and perpetual care cemetery company, irrespective of how each may be defined in W. Va. Code §§ 35-5-1 et seq., 35-5A-1 et seq. and 35-5B-1 et seq., and any company that sets and installs memorial monument markers, that operates within the State of West Virginia, and provides Customers with installation and/or perpetual care of Veterans’ Markers.

1.7.h. Veteran’s Marker - A marker given to the deceased veteran by the United States Government free of charge. According to the United States Department of Veterans Affairs, the style chosen must be consistent with existing monuments at the place of burial. This free marker shall consist of either of the following:

i. A flat marker in granite, marble, or bronze ii. Upright headstones in either granite or marble.

W. Va. Code R. § 150-28-2 Prices

2.1. Price.

2.1.a. Basic Installation - A Service Provider may charge a Customer no more than $100.00 for Basic Installation of a Veteran’s Marker.

2.1.b. Granite Installation - A Service Provider may charge a Customer no more than $250.00 for Granite Installation of a Veteran’s Marker.

2.1.c. Granite Purchase Installation - A Service Provider may charge a Customer no more than $380.00 for Granite Purchase Installation of a Veteran’s Marker including purchase of granite for a Veteran’s Marker.

2.1.d. Extras - Those items requested by a Customer, in addition to Basic Installation, Granite Installation, and/or Granite Purchase Installation shall not be included in the maximum fee.

2.1.e. The maximum fee set forth herein does not preclude the addition of legally applicable incremental, revenue based taxes, which are submitted by a Service Provider to a federal, state or local taxing entity.

2.1.f. A Service Provider may not assess a separate or perpetual care fee for care of a Veteran’s Marker over and above a perpetual care fee that would otherwise be applicable to a grave site.

W. Va. Code R. § 150-28-3 Discrimination

3.1. Service Providers shall not discriminate against Customers requesting the installation of Veterans’ Markers pursuant to these Rules by requesting terms and conditions of service, or additional fees, that would not be equally applicable to other customers.

W. Va. Code R. § 150-28-4 Procedure. 4.1. 4.1.a All Customer complaints shall be processed in accordance with the existing complaint procedures of the Public Service Commission

4.1.b. Service Provider’s Records - In order to assist the Commission and Commission Staff in the handling of these matters, it is necessary that the Service Provider maintain records that would assist in the resolution of these matters in a timely and orderly fashion. Service Provider should maintain copies of the standard price list for a period of two (2) years. Additionally, each standard price list should also clearly indicate on the document the effective dates for that particular list.

W. Va. Code R. § 150-28-5 Billing Statements

5.1. A Service Provider must include on any contract or addendum thereto for installation of a Veteran’s Marker, the following language prominently displayed in bold type:

The Pricing for the installation of Veterans’ grave markers must comply with the Rules of the Public Service Commission. If you believe that these charges are in violation of those Rules, you may contact the Public Service Commission at the following address:

Public Service Commission 201 Brooks Street P. O. Box 812 Charleston, WV 25323 150CSR28 150CSR28

Series 29 Rules For Statewide Telephone Information And Referral 211 Service

W. Va. Code R. § 150-29-1 General

1.1. Scope. -- This rule governs the establishment and operation of a statewide “211” Information and Referral call system in West Virginia.

1.2. Authority. -- W. Va. Code §24-8-2.

1.3. Filing Date. -- June 9, 2005.

1.4. Effective Date. -- June 9, 2005.

W. Va. Code R. § 150-29-2 Definitions

2.1. This rule adopts, and incorporates herein, the definitions of terms set forth in Section 1.7 of the Commission’s Rules and Regulations for the Government of Telephone Utilities, C.S.R. §150-6-1.7.

2.2. “AIRS” - Alliance for Information and Referral Systems. A national accrediting and professional oversight organization regulating the provision of I & R services and the training and operational requirements applicable to I & R providers.

2.3. “I & R” - Information and referral.

2.4. “I & R provider” - An individual or entity that furnishes, upon request and without charge to the caller, I & R services to individuals regarding community-based resources, such as social services and charities that provide housing, medical care, human services, financial assistance, and other social services that are available in the area served by the I & R provider. I & R providers furnish a comprehensive informational link between individuals seeking the afore-enumerated services and appropriate providers of such services.

2.5. “I & R specialist” - An individual employed by an I & R provider that provides I & R services directly to callers.

2.6. “Statewide 211 system” - The system for providing access, via the 211 dialing arrangement, to a single call center, or functional equivalent, that provides callers with centralized I & R services, including, as appropriate, links to regionalized I & R services statewide. The statewide 211 system shall be implemented by utilizing a single, toll-free 8XX number, with all telecommunications carriers translating and routing 211 calls to the 8XX number assigned to the statewide 211 call center.

2.7. “211” - The three digit, abbreviated dialing arrangement designated by the Federal Communications Commission for use as the universal access number for contacting local, regional, or statewide I & R service providers.

2.8. “211 Collaborative” - A private, non-governmental West Virginia incorporated association whose members are drawn from local I & R providers, including call centers, and other stakeholders (e.g., social services and charitable organizations, governmental agencies and educational institutions) in the state.

2.9. “211 Provider” - A private, non-governmental entity, either stand-alone or part of a larger organization, selected by the 211 Collaborative and having responsibility for the operation and management of the statewide 211 system. The 211 Provider shall provide I & R services to members of the public who dial 211. Any I & R provider may petition the 211 Collaborative to be considered to be chosen the 211 Provider in West Virginia.

W. Va. Code R. § 150-29-3 The 211 Collaborative

3.1. The 211 Collaborative shall provide direction and oversight over the operation of the statewide 211 system established in West Virginia in accordance with the May 15, 2002, task force report in WVPSC Case No. 01-0689-T-GI and this rule.

3.2. The 211 Collaborative shall include I & R providers, including call centers, representatives of social services and charitable organizations, governmental agencies, public service answering points, educational institutions, and the public. In addition, the 211 Collaborative shall include, at all times, one (1) non-voting representative of the 211 Provider.

3.2.a. The 211 Collaborative shall maintain with the Commission, at all times, a list of its members, either in written form or in electronic format, which shall be revised as the 211 Collaborative’s membership changes.

3.2.b. The 211 Collaborative shall maintain with the Commission, at all times, a current copy of the 211 Collaborative’s articles of incorporation and by-laws, either in written form or in electronic format.

3.3. The 211 Collaborative shall ensure that the 211 Provider adheres to national standards established by AIRS regarding I & R operations, program development and the training and conduct of I & R specialists.

3.4. Within sixty (60) days of the effective date of this rule, the 211 Collaborative shall prepare written procedures governing the 211 Collaborative’s monitoring and oversight of the statewide 211 system’s operation, as well as written procedures governing the process and standards for selecting the 211 Provider. The 211 Collaborative shall maintain with the Commission, at all times, a current copy of the written procedures set forth in this subsection, either in written form or in electronic format.

3.5. All documents and other materials required to be maintained with the Commission pursuant to this section, shall be accessible on the Commission’s official Internet website.

3.6. The 211 Collaborative shall reasonably assist the 211 Provider in complying with the requirements of this rule.

W. Va. Code R. § 150-29-4 The 211 Provider

4.1. Selection of an Initial 211 Provider.

4.1.a. The 211 Collaborative shall submit its written decision, together with supporting documents, selecting an initial 211 Provider to the Commission within one-hundred twenty (120) days of the effective date of this rule. No Commission approval of the 211 Collaborative’s decision is required for the 211 Provider to begin providing service.

4.1.b. The Commission shall cause notice of the 211 Collaborative’s decision selecting an initial 211 Provider to be published, statewide within ten (10) days following receipt of such decision and supporting documents.

4.2. Term of 211 Provider; Removal of 211 Provider.

4.2.a. The 211 Collaborative may, in its discretion, fix or otherwise limit the 211 Provider’s term of service.

4.2.b. The 211 Collaborative may, for cause, remove the 211 Provider at any time during the 211 Provider’s term of service. “Cause” shall be construed to mean: (1) the 211 Provider’s material non-performance of any obligation established as part of its selection by the 211 Collaborative; (2) the 211 Provider’s violation of any Commission rule, regulation or order relating to the operation of the statewide 211 system; or (3) malfeasance or fraud on the 211 Provider’s part. The 211 Collaborative shall submit its written decision removing the 211 Provider to the Commission within ten (10) days of such decision.

4.2.c. In the event the 211 Provider’s term of service expires, or if the 211 Provider is removed pursuant to this subsection, the 211 Collaborative shall take action to designate a successor 211 Provider prior to the expiration of the current 211 Provider’s term or effective date of the 211 Provider’s removal, if possible.

4.2.d. If the 211 Provider determines to cease operating the statewide 211 system, the 211 Provider shall provide written notice to the 211 Collaborative and the Commission at least ninety (90) calendar days prior to its intended date of cessation of operation as the 211 Provider.

4.3. Selection of Subsequent 211 Providers.

4.3.a. In the event the 211 Provider’s term of service expires, or if the 211 Provider is removed pursuant to subsection 2 of this section, or if the current 211 Provider ceases to operate the statewide 211 system for any reason, the 211 Collaborative shall solicit and review applications from qualified I & R providers, including call centers, seeking to operate the statewide 211 system.

4.3.b. The 211 Collaborative shall provide public notice by publication at least once in a newspaper, duly qualified by the Secretary of State, published and of general circulation throughout the state, and by other appropriate means, advising I & R providers that the 211 Collaborative is soliciting applications for selection of a 211 Provider.

4.3.c. The 211 Collaborative shall submit its written decision selecting a subsequent 211 Provider, together with supporting documents, to the Commission within thirty (30) days of such decision.

4.3.d. The Commission shall cause notice of the 211 Collaborative’s decision selecting a subsequent 211 Provider to be published, statewide, within ten (10) days following receipt of such decision and supporting documents.

4.4. The 211 Collaborative shall have final operational authority over changes in the 211 Provider, and shall submit to the Commission a plan for continuation of the statewide 211 system under the circumstances set forth in subsection 2 of this section.

4.5. The Commission, or its designated representative, shall mediate any dispute involving the selection or removal of the 211 Provider, upon the filing of a petition requesting mediation with the Commission by either the 211 Collaborative, the 211 Provider or an aggrieved applicant for selection as the 211 Provider.

4.6. The 211 Provider shall not charge a fee to I & R providers or to community-based resources, such as social services and charities that provide housing, medical care, human services, financial assistance, or other social services, for participation in the statewide 211 system.

W. Va. Code R. § 150-29-5 Standards Applicable to the 211 Provider

5.1. Operation of the statewide 211 system shall be the responsibility of the 211 Provider.

5.2. The 211 Provider shall be responsible for obtaining funding, implementing procedures, and meeting target dates for commencing its operation of the statewide 211 system.

W. Va. Code R. § 150-29-6 Review of the Statewide 211 System

6.1. The Commission may, at its discretion, periodically review the 211 Provider’s operations in implementing a statewide 211 system. At such time, the Commission may utilize its staff or may contract the review to an organization familiar with I & R operations.

6.2. Pursuant to its authority in W. Va. Code §24-2-7, the Commission may, by order, fix reasonable acts, practices, services or rules relating to the provision of 211 statewide.

W. Va. Code R. § 150-29-7 Charges, Availability and Participation

7.1. Calls from landline telephones to 211 shall be free of charge to the caller, including calls made over public and semipublic telephones. Wireless carriers may elect to charge for calls over their systems to 211. Inmate facilities may block access to 211 by inmates. For purposes of access charges and other intercarrier compensation associated with the completion of 211 calls within the state, 211 calls shall be treated in the same manner as all other end user calls are treated.

7.2. All telephone companies providing telecommunications within the state shall reasonably cooperate in implementing any non-recurring network modifications (e.g., central office switch translations) required in order for end users to access the statewide 211 system. Providers of Telecommunications Relay Service, and all providers of public and semipublic telephone service, shall likewise reasonably cooperate in implementing the statewide 211 system.

7.3. Initial capital and non-recurring costs associated with implementing network modifications required in order for end users to access the statewide 211 system, including central office switch translations, shall be absorbed by participating telephone companies and other entities set forth in subsection 2 of this section: Provided, however, that telephone companies and other entities set forth in subsection 2 may petition the Commission to recover such costs, which the Commission may grant upon a showing of good cause. Provided further, that wireless carriers are not required to obtain Commission approval to recover such costs.

7.4. Additional costs associated with participating in the statewide 211 system not described in subsections 2 and 3 of this section, may not be imposed by landline carriers absent a lawful order of the Commission.

7.5. Within one-hundred eighty (180) days of the effective date of this rule, calls to the statewide 211 system shall be answered by an I & R specialist, in a timely manner, on a 24-hours per day, 7-days per week basis.

W. Va. Code R. § 150-29-8 Complaints

8.1. Complaint Log. The 211 Provider shall keep a complaint log of consumer-reported problems concerning the operations of 211.

8.1.a. The complaint log shall include the complainant’s name, address and telephone number, the date and nature of the complaint, the date the complaint is considered resolved, and the disposition of the complaint. Such complaints shall be resolved by the 211 Provider and reported in the complaint log.

8.1.b. Copies of the log shall be sent to Commission Staff and the 211 Collaborative at least quarterly.

8.1.c. The complaint log shall be maintained in electronic format suitable for transmittal as an email attachment or via other electronic means, consistent with federal or state privacy laws.

8.2. Informal complaints regarding the statewide 211 system, filed with the Commission pursuant to C.S.R. §150-1-6.1, shall be referred to the 211 Provider for response and resolution in accordance with the requirements of said rule.

8.3. Formal complaints regarding the statewide 211 system, filed with the Commission pursuant to C.S.R. §150-1-6.2, shall be dealt with in accordance with established Commission rules, regulations and orders, including the requirement of an order from the Commission to the 211 Provider to respond to the Commission within ten (10) working days of receipt of a formal complaint.

8.4. The 211 Collaborative shall conduct a quarterly review of formal and informal complaints regarding the provision of 211 statewide and shall take appropriate action to correct legitimate issues identified from the complaints. The 211 Collaborative shall also consider suggestions regarding the statewide 211 system submitted to it by any interested party as part of the 211 Collaborative’s quarterly review.

8.5. The 211 Collaborative shall cooperate with representatives of the West Virginia Enhanced 9-1-1 Council regarding matters relating to the statewide 211 system that are of concern to the Enhanced 9-1-1 Council’s members.

W. Va. Code R. § 150-29-9 911 Referral and Phone Directories

9.1. All emergency calls received by the 211 Provider shall be transferred to the appropriate 911 Public Safety Answering Point (PSAP) as expeditiously as possible, unless such transfer would result in loss of the call or would otherwise unduly jeopardize the physical or mental health, or the safety, of the caller. In the event an emergency call is not transferred to 911, the 211 Provider shall immediately contact the appropriate 911 PSAP and seek advice regarding how to deal with the situation.

9.2. In each telephone directory provided to West Virginia telephone service subscribers as a primary directory, a listing for 211 shall appear on the directory page which contains non-emergency numbers listings for emergency services providers.

W. Va. Code R. § 150-29-10 Statewide 211 Database

10.1. As part of its duties, the 211 Provider shall be responsible for creating, maintaining and updating an electronic database of all community-based social and other services providers within the state. The 211 Provider shall consult with the 211 Collaborative in fulfilling its duties under this Section.

10.2. The 211 Collaborative shall establish procedures whereby community-based social and other services providers may directly submit information to the 211 Provider for inclusion in the database referred to in subsection 1 of this section.

10.3. The database shall be updated by the 211 Provider at least semi-annually. The 211 Collaborative may, in consultation with the 211 Provider, require the database to be updated more frequently.

10.4. The statewide 211 system’s database created, maintained and updated in accordance with this Section shall, at all times, be considered the exclusive intellectual property of the 211 Collaborative. Upon any change in 211 Provider, as set forth in section 4 of this rule, the statewide 211 system’s database shall be returned to the 211 Collaborative.

10.5. The 211 Collaborative shall keep the Commission apprized of all decisions or actions undertaken pursuant to subsections 1 through 4 of this section.

150CSR29

150CSR29

Series 30 Rules Governing Siting Certificates for Exempt Wholesale Generators

W. Va. Code R. § 150-30-1 General

1.1. Scope. -- This legislative rule applies to any entity that intends to construct, or construct and operate, an electric generating facility as described in W.Va. Code §24-2-1(d). This rule does not apply to net-metering facilities covered by tariffs approved by this Commission.

1.2. Authority. -- W. Va. Code §24-2-11c.

1.3. Filing Date. -- March 20, 2020

1.4. Effective Date. -- May 19, 2020

W. Va. Code R. § 150-30-2 Definitions

2.1. EWG facility - An electric generating facility to be located in West Virginia that has been designated as an exempt wholesale generator under federal law, or will be so designated prior to commercial operation of the facility. As used herein, this term shall also include any Transmission support line associated with the EWG facility.

2.2. Siting certificate - A certificate issued by the Public Service Commission of West Virginia authorizing the construction and/or operation of an electric generating facility that is an exempt wholesale generator in the State.

2.3. 24-2-1(d) generating facility - An electric generating facility, including an EWG facility which is, or will be, located in West Virginia that generates electric energy solely for sale at retail outside this state or solely for sale at wholesale in accordance with any applicable federal law that preempts state law or solely for both such sales at retail and such sales at wholesale.

2.4. Transmission support line - A transmission line of less than 200 thousand volts that, except for Rule 3.5., would be certificated by the Commission pursuant to W.Va. Code §24-2-11, and not pursuant to W.Va. Code §24-2-11a.

W. Va. Code R. § 150-30-3 Pre-filing and Filing Requirements

3.1. Any entity intending to file an application for a Siting certificate pursuant to W.Va. Code §24-2-11c shall, at least thirty days prior to the date it intends to file its application, give the Commission notice of its intent to file an application by filing with the Commission’s Executive Secretary, an original and twelve (12) copies of, a letter of notification. The Commission may modify or waive this requirement. A prefiling notice shall expire after 90 days.

3.2. An applicant for a Siting certificate may request that information it files in response to discovery requests, or pursuant to Rules 4.1.1. through 4.1.5. hereof, be accorded proprietary treatment. The Commission will review such requests pursuant to applicable statutory and case law. Any party asserting confidentiality for such information must: 3.2.1 File with the Executive Secretary’s office an unredacted hard copy version of each document that contains the confidential information and clearly marks each page, including cover page, for which a confidential designation is claimed, with a bold header stating “Confidential Version.” In addition, all information for which confidential treatment is requested must be identified with the use of bold double square brackets ([[ ]]) at the beginning and end of redacted material in the public version. The party claiming confidentiality should restrict its designations to encompass only the specific information that it asserts is confidential. If a confidential designation is challenged, the party claiming confidentiality shall have the burden to prove that the documents designated as confidential fall under the standards for nondisclosure enunciated in the West Virginia Freedom of Information Act, W.Va. Code §29B-1-1, et.seq. and that the designation is narrowly tailored to encompass only confidential information. 3.2.2 File with the Executive Secretary’s office a public version of each document containing confidential information that redacts any confidential information and clearly marks each page, including the cover page, of the redacted public version with a bold header stating “Public Version.” The redaction may be actual blacked-out sections, or, blank sections beginning and ending with bold double square brackets and the phrase “redacted material” within the brackets. The redaction shall cover the entire length of redacted text. 3.2.3 The confidential version must be filed on the same day as the public, redacted version.

3.3. Within 90 days following the filing of a notice of intent pursuant to Rule 3.1., an applicant shall file with the Commission’s Executive Secretary an original and twelve (12) copies of its application for a Siting certificate. To be acceptable, an application shall include a completed Form No. 1 attached to these Rules and a completed Form No. 2. When preparing Form No. 2, the applicant should leave blank the date of the order and the case number. When the Executive Secretary has assigned a case number, a completed Form No. 2 will be issued to the applicant as an order requiring publication of the Notice of Filing either as a Class I legal advertisement (if the application is for a Siting certificate and/or a transmission support line) or a Class II legal advertisement (if the application is for both a Siting certificate and a certificate of public convenience and necessity to construct an associated transmission line of 200,000 volts or over). Publication shall be made in newspapers of general circulation in each county in which all or a portion of the proposed 24-2-1(d) generating facility, and, if applicable, a 200,000 volts or over transmission line, is located or will be located and in a newspaper published and of general circulation in Kanawha County. The applicant shall file proof of publication provided by the newspaper(s) with the Commission as soon as possible after the Notice of Filing is published.

3.4. When an applicant seeks authority to construct a 24-2-1(d) generating facility and related transmission facilities of 200,000 volts or greater, the applicant must simultaneously apply for both a Siting certificate for the 24-2-1(d) generating facility and a certificate of public convenience and necessity under W.Va. Code §24-2-11a for the 200,000 volts or greater transmission facilities. When such an application contains both a Siting certificate application and an application for a certificate of public convenience and necessity to construct a transmission line of 200,000 volts or greater the Commission will schedule proceedings to allow it to render its combined decision in both cases within three hundred (300) days of the application filing date.

3.5. When an applicant proposes to construct a Transmission support line, less than 200,000 volts, to be associated with a 24-2-1(d) generating facility, then the applicant shall not be required to file a separate application for a certificate of public convenience and necessity, pursuant to W.Va. Code §24-2-11. Rather, the Transmission support line shall be deemed to be an integral part of the 24-2-1(d) generating facility and will be evaluated by the Commission within the 300 day period set forth in W.Va. Code §24-2-11c, within the context of the Siting certificate application case. However, the applicant must include in its filing all of the information concerning the transmission line, as if it were a separate filing as required by the Rules for Government of Electric Utilities, 150 C.S.R. 3.

3.6. An applicant for a Siting certificate may request a waiver of any of the information requirements of Rules 4.1.1. through 4.1.5. of these Rules that is inapplicable to the proposed Siting certificate. The Commission will consider requests for waiver of Siting certificate requirements as to distributed energy generation facilities that are not net-metered on a case by case basis.

W. Va. Code R. § 150-30-4 Application

4.1. In addition to Form No. 1, a completed application shall include the following:

4.1.1. Project summary and 24-2-1(d) generating facility overview. In general, the summary should be suitable as a reference for state and local governments and for the public. The summary and overview shall include the following:

4.1.1.a. A statement explaining the general purpose of the 24-2-1(d) generating facility;

4.1.1.b. A description of the proposed 24-2-1(d) generating facility;

4.1.1.c. A list of all required government (state, local, federal) approvals and/or permits for the 24-2-1(d) generating facility, and the filing status of each.

4.1.1.d. An explanation of the project schedule; and

4.1.1.e. Information filed by the applicant in response to the requirements of this section shall be deemed responses to any other section of the application requirements provided that a cross-reference notation is included in both locations.

4.1.2. Description of 24-2-1(d) generating facility.

4.1.2.a. Where applicable, for each generation unit, the type of unit, estimated net demonstrated capability, heat rate, expected annual capacity factor and expected hours of annual generation for each year of the first five years of operation;

4.1.2.b. Total 24-2-1(d) generating facility land area requirement;

4.1.2.c. Where applicable, fuel quantity. If dual fueled, provide quantity of each fuel. Indicate the maximum amount of fuel expected to be consumed in one hour at peak output and the expected amount of fuel consumed per year.

4.1.2.d. Fuel Storage. Indicate how much, if any, of each kind of fuel will be stored on and off site. Discuss the details of such storage arrangements including the expected number of days of fuel to be stored.

4.1.2.e. A list of expected air emissions and water discharges and, for each, the name of the federal and/or state regulatory authority from which a permit must be obtained, or, a statement that no permits from other federal and/or state regulatory authorities are required for those emissions and discharges.

4.1.2.f. Water requirement, source of water, treatment, quantity of any discharge and names of receiving streams;

4.1.3. A list of any interconnection studies required and the timetable for completion of those studies.

4.1.4. The projected date for placement of the 24-2-1(d) generating facility in service.

4.1.5. Technical data.

4.1.5.a. An aerial photograph for a one-mile radius from the boundaries of the 24-2-1(d) generating facility(ies). This photograph shall have been taken no earlier than one (1) year prior to the date the Siting certificate application is filed and the proposed facility location(s) should be clearly marked. The scale of the photograph must be indicated on the photograph.

4.1.5.b. Design and construction. Elevation view engineering drawings based on information on the proposed layout on the most current engineering design plans for the 24-2-1(d) generating facility, depicting the major structures and installations to be located thereon. With respect to any transmission line, the applicant shall provide plan view drawings depicting the alignment of the transmission line, transmission tower locations and likely variations thereof. Applicant shall also include elevation view drawings of the type of transmission tower likely to be used.

4.1.5.c. Site activities. A description of the proposed site preparation and reclamation operations, including:

4.1.5.c.1. Test boring;

4.1.5.c.2. Removal of vegetation;

4.1.5.c.3. Grading and drainage provisions;

4.1.5.c.4. Access roads;

4.1.5.c.5. Removal and disposal of debris; and

4.1.5.c.6. Post-construction reclamation.

4.1.5.d. Future plans.

4.1.5.d.1. A statement that the Applicant intends to be the entity that will own and operate the 24-2-1(d) generating facility into the future.

4.1.5.d.2. A description of any plans for future additions of generating units for the site, including the type and timing; and the maximum generating capacity anticipated for the site.

4.1.5.d.3. A description of post useful life demolition, removal, disposal, and restoration plans for facilities.

4.1.5.e. Equipment.

4.1.5.e.1. Generating equipment. A description of the proposed major generating equipment.

4.1.5.e.2. Emission control and safety equipment.

4.1.5.e.2.A. A description of all proposed major flue gas emission control equipment, including tabulations of expected efficiency, power consumption, and operating costs for supplies and maintenance;

4.1.5.e.2.B. A discussion of the reliability of the equipment and the reduction in efficiency for partial failure;

4.1.5.e.2.C. A description of the equipment proposed for control of effluents discharged into water bodies and receiving streams; and

4.1.5.e.2.D. A description of all proposed major public safety equipment.

4.1.5.e.3. A description of any other major equipment not discussed in paragraphs 4.1.5.e.2.C. and 4.1.5.e.2.D. of this rule.

4.1.5.f. Maps.

4.1.5.f.1. 5-mile radius Map. An ANSI size D map(s) of 1 inch: 4800 feet scale or larger containing at least a 5-mile radius from, and depicting, the proposed 24-2-1(d) generating facility and transmission lines, and showing the following features:

4.1.5.f.1.A. Major population centers and geographic boundaries;

4.1.5.f.1.B. Major transportation routes and utility corridors;

4.1.5.f.1.C. Bodies of water which may be directly affected by the proposed 24-2-1(d) generating facility;

4.1.5.f.1.D. Topographic contours;

4.1.5.f.1.E. Major institutions;

4.1.5.f.1.F. Incorporated communities; areas officially designated as public or private recreational areas, parks, forests, hunting or fishing areas, or similar facilities; historic scenic areas or places; places of religious worship; archaeological places; or places otherwise of cultural significance, including districts, sites, buildings, structures and objects which are recognized by, registered with, or identified as eligible for registration by the National Registry of Historic Places, or any state agency;

4.1.5.f.1.G. Land use and classifications; including residential, urban, manufacturing, commercial, mining, transportation, utilities, wetland, forest and woodland, pasture and crop land;

4.1.5.f.2. 1-Mile Radius Proposed 24-2-1(d) generating facility map. An ANSI size D map(s) of 1 inch:2000 feet scale or larger, which shall include the generation facility and transmission line site and at least a 1-mile radius thereof. This map shall show the following features:

4.1.5.f.2.A. The 24-2-1(d) generating facility;

4.1.5.f.2.B. Individual structures and installations required for construction or operation of the 24-2-1(d) generating facility that are outside the boundaries of the 24-2-1(d) generating facility.

4.1.5.f.2.C. Fuel, waste, and other storage facilities associated with the 24-2-1(d) generating facility;

4.1.5.f.2.D. Fuel and waste processing facilities, if any, associated with the 24-2-1(d) generating facility;

4.1.5.f.2.E. Water supply and sewage lines required by the 24-2-1(d) generating facility;

4.1.5.f.2.F. Transmission lines;

4.1.5.f.2.G. Substations, switchyards, and transformers into which transmission lines will connect;

4.1.5.f.2.H. Transportation facilities and access roads, required for the construction or operation of the 24-2-1(d) generating facility;

4.1.5.f.2.I. Grade elevations where modified during construction of the 24-2-1(d) generating facility; and

4.1.5.f.2.J. Other pertinent installations dedicated to the construction or operation of the 24-2-1(d) generating facility.

4.1.5. g. Impact. The applicant shall identify and describe the impact of the 24-2-1(d) generating facility on any public utilities, including but not limited to water utilities, sewer utilities, electric utilities, commercial solid waste facilities, natural gas utilities, and telephone utilities. The applicant shall further identify and describe the impact of the 24-2-1(d) generating facility on other generating facilities whether or not utility-owned.

4.1.5.h. Rendering of project.

4.1.5.h.1. Still renderings from all scenic overlooks and project views that will be most evident to the public, and which are accessible to the applicant, from which the 24-2-1(d) generating facility will be visible after construction.

4.1.5.h.2. Still renderings which show structures at ground level shall include a scaled representation of a 6 foot tall figure in near proximity to such structures to allow the viewer to clearly see the scale of the project structures.

4.1.5.i. Hydrology.

4.1.5.i.1. The natural and the man-affected water budgets, including the ten-year mean and critical (lowest seven-day flow in ten years) surface flows and the mean and extreme water tables during the past ten years, to the extent records exist, for each surface water body and sub-surface water sources likely to be directly affected by the proposed 24-2-1(d) generating facility;

4.1.5.i.2. Existing maps of aquifers which may be directly affected by the proposed 24-2-1(d) generating facility;

4.1.5.i.3. A description of how the project and the water use identified in Rule 4.1.2.f. will affect the identified water sources.

4.1.5.j. Financial and Economic data.

4.1.5.j.1. Debt and Equity Capital.

4.1.5.j.1.A. Estimates of the amounts of debt and equity capital for the project.

4.1.5.j.1.B. A description of any agreements with public entities and whether such agreements would transfer to a future purchaser(s) of the 24-2-1(d) generating facility.

4.1.5.j.1.C. If the project will have any funding from public sources, either initially or in the future, the amount and terms for such funding must be fully disclosed. Such disclosure shall include a listing of each source of public funding, a description of the public funding and a copy of the written agreement(s) setting forth the terms and conditions for the public funding. For purposes of this paragraph, public funding shall include:

4.1.5.j.1.C.1. loans, grants or contributions from the State or Federal government, any sub-division of the State or any public Board, Commission or similar entity;

4.1.5.j.1.C.2. leases or other uses of property owned by the State, any sub-division of the State or any public Board, Commission or similar entity;

4.1.5.j.1.C.3. abatement of any taxes.

4.1.5.j.2. Local and State Economic Impact. Estimates of the effect of the project on the local and state economy as well as the model used to derive the estimates. Such estimates shall cover the construction phase of the project and the ongoing impacts after construction. Such estimates shall include but not be limited to: (i) the impact on local employment (including the number and expected payroll value of added jobs), both directly and indirectly related to the project; (ii) the impact on all local and state taxes, both directly and indirectly related to the project; (iii) the impact on local commercial business activity including tourism; (iv) the impact on area property values; and (v) the impact on existing infrastructure. The baseline data used to provide this information shall come from existing sources, and the applicant is not required to conduct new demographic or socio-economic research.

4.1.5.k. Environmental data.

4.1.5.k.1. Species. With respect to the geographic area where the 24-2-1(d) generating facility will be located, an affidavit listing any and all permits that the applicant will be required to obtain from the US Fish and Wildlife Service, the West Virginia Department of Natural Resources, or any other government authority, with respect to threatened or endangered species. The affidavit shall include a statement that the applicant will comply with all permitting, and/or “taking” requirements of such other governmental agencies.

4.1.5.k.2. View.

4.1.5.k.2.A. Operation.

4.1.5.k.2.A.1. A description of the expected impacts of 24-2-1(d) generating facility operations on the viewshed within a one-mile radius of the proposed 24-2-1(d) generating facility;

4.1.5.k.2.A.2. A description of the expected impacts of 24-2-1(d) generating facility operations on the viewshed within a five-mile radius of the proposed 24-2-1(d) generating facility;

4.1.5.k.2.A.3. For structures higher than 300 feet, a description of the expected impacts of operation on the viewshed within a 20-mile radius around the proposed 24-2-1(d) generating facility;

4.1.5.k.2.A.4. A description of any plans to mitigate the impact of operations on the viewshed.

4.1.5.k.3. Noise.

4.1.5.k.3.A. Preconstruction. A noise exposure map of the noise present prior to construction containing contour lines of equal noise at and up to one mile from the 24-2-1(d) generating facility’s property line. The increment of equal noise levels will be no more than 3db. Noise will be shown as average Day-Night Sound Levels (DNL). Noise events during the night (Defined as 10:00pm to 6:59am) shall be weighted (or penalized) by 10db to reflect the greater perceived impact of noise during the night. The base line noise study conducted to develop this map shall be no less than seven days including Saturday and Sunday. The map shall show all noise sensitive areas within one mile of the 24-2-1(d) generating facility’s property line and shall indicate whether such structure is residential, commercial or industrial. Current land uses shall also be designated.

4.1.5.k.3.B. Operation.

4.1.5.k.3.B.1. A predictive noise study and a noise exposure map of the noise expected to be present during operation containing contour lines of equal noise at and up to one mile from the 24-2-1(d) generating facility’s property line. The increment of equal noise levels will be no more than 3db. Noise will be shown as average DNL. The noise exposure map will take into account all aspects of operation including but not limited to generating equipment, processing equipment and associated road traffic during operations. Noise events during the night (Defined as 10:00pm to 6:59am) shall be weighted (or penalized) by 10db to reflect the greater perceived impact of noise during the night.

4.1.5.k.3.B.2. The map shall show all noise sensitive areas within one mile of the 24-2-1(d) generating facility’s property line and shall indicate whether each structure is residential, commercial or industrial. Current land uses should also be designated.

4.1.5.k.3.B.3. A description of equipment and procedures to mitigate the effects of noise emissions from the proposed 24-2-1(d) generating facility during operation.

4.1.5.k.3.B.4. For purposes of the predictive noise study and maps, noise sensitive areas shall include, but not be limited to, hospitals, schools, residences, cemeteries, parks, and places of religious worship.

4.1.5.k.4. Traffic.

4.1.5.k.4.A. Preconstruction. A description of existing pre-construction traffic near the site to provide baseline traffic calculations.

4.1.5.k.4.B. Construction.

4.1.5.k.4.B.1. A description of any substantial increases in traffic levels expected on a daily and hourly basis;

4.1.5.k.4.B.2. A map showing each road described and the location of the access points to those roads into or out of the 24-2-1(d) generating facility.

4.1.5.k.4.B.3. A description of any plans to mitigate the impact of any substantial increases in traffic with respect to traffic sensitive areas within a 5-mile radius of the proposed 24-2-1(d) generating facility during construction.

4.1.5.k.4.C. Operation.

4.1.5.k.4.C.1. A description of any substantial increases in traffic levels expected on a daily and hourly basis on roads within a 5-mile radius of the proposed 24-2-1(d) generating facility;

4.1.5.k.4.C.2. Provide a map showing each road described and the location of the access points to those roads into or out of the 24-2-1(d) generating facility;

4.1.5.k.4.C.3. A description of any plans to mitigate the effects of substantial increases in traffic attributable to project operations with respect to traffic sensitive areas within a 5-mile radius of the proposed 24-2-1(d) generating facility.

4.1.5.l. Land Uses.

4.1.5.l.1. Identification of structures that will be removed or relocated;

4.1.5.l.2. A description of formally adopted plans for future use of the site and surrounding lands for anything other than the proposed 24-2-1(d) generating facility.

W. Va. Code R. § 150-30-5 Application Fee

5.1. Each application filed pursuant to section 3.1 et seq. of these rules shall be accompanied with an application fee equaling the lesser of $500.00 per megawatt or $200,000.00.

W. Va. Code R. § 150-30-6 Requirements of Other Agencies and Conditions

6.1. If the applicant has not obtained required permits or approvals from other governmental agencies prior to the Commission issuing a decision, the Commission may issue a Siting certificate contingent upon receipt of such permits/approvals. The Commission may also grant a Siting certificate subject to other conditions determined to be reasonable and necessary by the Commission.

W. Va. Code R. § 150-30-7 Modification or Amendment to Siting Certificates. 7.1 An owner or operator of a 24-2-1(d) generating facility must obtain Commission approval prior to making any modifications related to any terms, conditions or limitations applicable to the construction and/or operation of the 24-2-1(d) generation facility specifically set forth in the Commission order, or prior to making any material modification to the 24-2-1(d) generating facility as approved by the Commission by constructing the facility using engineering design plans different from those filed with its original Siting certificate application, modifying the footprint of the 24-2-1(d) generating facility or increasing the transmission or generation of the 24-2-1(d) generating facility. If the owner or operator believes that, when considering the totality of the circumstances surrounding any such modification, the modification is not material it may petition the Commission for waiver of the requirement to obtain a modification or amendment to its Siting certificate. The Commission may deny or grant such request or it may limit the information required to be filed, depending on the circumstances of the proposed modification

7.2. An owner or operator shall request Commission approval of a modification or amendment to a Siting certificate using Form No. 3, attached to these Rules.

7.3. Any application for Commission approval of a waiver or modification of a condition previously ordered by the Commission and accepted by the original applicant shall be accompanied with an application fee equaling the greater of $1,000.00 or one tenth of one percent (.001) of the projected capital cost incurred or eliminated of by the proposed waiver or modifications, provided, however, that the fee shall not exceed $200,000.00.

W. Va. Code R. § 150-30-8 Transfer or Assignment of Siting Certificate

8.1. If an owner or operator of a 24-2-1(d) generating facility plans to transfer or assign its Siting certificate to another entity, the owner or operator shall, at least 30 days prior to the closing date of such transfer or assignment, provide the Commission with notice of the identity of the transferee, the mailing address of the transferee, the names and mailing addresses of the managing members or officers of the transferee, and an affidavit of the transferee stating that the transferee agrees that it is bound by all terms and conditions of the Siting certificate for the 24-2-1(d) generating facility.

W. Va. Code R. § 150-30-9 Civil Penalties

9.1. Civil penalties imposed and collected by the Commission pursuant to W. Va. Code § 24-2-11c(f) shall be deposited in a special fund designated public service commission fund as established in subsection (a), section six [§24-3-6], article three of Chapter 24 of the West Virginia Code, to be used for the purposes set forth in that subsection.

APPLICATION FOR A SITING CERTIFICATE

State of West Virginia Public Service Commission Charleston Case No. __________________________ Application of ___________________________________________________ for an electric generating facility Siting certificate in the County of _______________ ________________________ [including a related ____ mile _____ kV (must be less than 200 kV) Transmission support line] or [and for a certificate of public convenience and necessity, pursuant to W. Va. Code § 24-2-11a, for a related ____ mile kV transmission line to be located in the County(ies) of _______________________________.]

Comes now the above-named ________________________________________, the applicant herein, and respectfully shows the Commission as follows:

1. That the name and address of the applicant are ___________________________________ ________________________________________________________________________.

2. That the applicant proposed to _________________________________________________ ______________________________________________________________________________, at _________________________________(city/town), in the County of ____________________ ____________________________________.

3. Attached hereto is a copy of the effective charter of incorporation of the applicant.

4. A certificate should be issued for the following reasons: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________.

Dated this ______________________ day of __________________, ________________. _______________________________________(Signature of authorized representative of applicant) _______________________________________Title of signer (President or other officer) _______________________________________Attorney.

Address: ______________________________________________________________________ PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Entered by the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the ___ day of ________, 2.

CASE NO.______________________________

[NAME OF APPLICANT] [address of applicant]

Application for a Siting Certificate to Authorize the Construction and Operation of a Wholesale Electric Generating Facility in _______________________ County, West Virginia.

NOTICE OF FILING

[INSERT MAP]

On __________________ [date], ______________________ (the Applicant), filed an application for a Siting Certificate, pursuant to W. Va. Code § 24-2-11c, to authorize the construction and operation of an electric wholesale generating facility (the Facility) [including a related transmission line of less than 200 kV in _______ County(ies)] or [and for a Certificate of Public Convenience and Necessity, pursuant to W. Va. Code § 24-2-11a, to construct and operate a high voltage transmission line] in _______________ County(ies).] The application is on file with and available for public inspection at the Public Service Commission, 201 Brooks Street, in Charleston, West Virginia. Upon its completion, the Facility [and the transmission line] will be used by the Applicant to generate electricity exclusively for wholesale in the competitive wholesale market in West Virginia and other locations.

The Applicant is owned by _______________. The Applicant proposes to construct a ____ MW [type of generating facility proposed] electric generating facility and certain ancillary facilities, [and to construct transmission lines to interconnect the Facility with ______________________ ] and related appurtenances on a tract of land located ______________________________.

The Applicant estimates that construction of the Facility will cost approximately ______________________________. [The Applicant estimates that construction of the transmission line will cost less than ____________________________.]

The Applicant asserts that the Facility, including any associated transmission line(s) incidental to the Facility and operating below 200,000 volts, are not West Virginia jurisdictional utility services provided to the public, and there will be no impact to West Virginia ratepayers. Rates charged for electricity sold by the Facility will be subject to regulation by the Federal Energy Regulatory Commission (“FERC”) Non-incidental transmission lines operated above 200,000 volts will provide utility service subject to the jurisdiction of the FERC for wholesale transmission to entities other than end-users of electricity.

The Facility will be an exempt wholesale generator as defined under Section 32(a) of the Public Utility Holding Company Act of 1935 or other superseding federal law.

The Applicant will enter into an interconnection and operating agreement with PJM Interconnection, L.L.C., a regional transmission organization, which will govern the Facility’s interconnection at ____________________________________ which is located ______________[describe proximity to the Facility]. The Applicant, or the purchasers of the electricity generated by the Facility, will enter into transmission service agreements with ________________ to govern the transmission of the electricity across ____________________’s facilities. Such transmission of electricity will be subject to the terms of ________________’s Open Access Transmission Tariff on file with the FERC. The transmission line will not compete with other utilities and will be for the sole purpose of transmitting the electricity generated at the Facility onto the grid for the wholesale market.

The solid black line on the above map indicates the location of the corridor in which the transmission line will be located. The corridor begins near _________________ and proceeds directly to ___________________________ [describe path of the line, length, compass directions].

Anyone desiring to protest or intervene should file a written protest or notice of intervention within 30 days following the date of this publication unless a later date is authorized by Commission order. Failure to timely protest or intervene can affect your right to protest aspects of this Siting certificate case for the Facility [and this Certificate of Public Convenience and Necessity case for the transmission line], or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or intervention. Requests to intervene must comply with the Commission’s rules on intervention set forth in the Commission’s Rules of Practice and Procedure. All protests and interventions should be addressed to Executive Secretary, P. O. Box 812, Charleston, West Virginia 25323.

In the absence of substantial protests within said thirty (30) day period, the Commission may waive formal hearing and grant the application based on the evidence submitted with said application and its review thereof.

[NAME OF APPLICANT]

APPLICATION FOR MODIFICATION TO

OR AMENDMENT OF A SITING CERTIFICATE

State of West Virginia Public Service Commission Charleston Case No. __________________________ Application of __________________________________________________________________ for modification to or amendment of an existing electric generating facility Siting certificate in the County of __________________________________________________ [and for modification to or amendment of an existing certificate of public convenience and necessity for a related ____ mile _____ kV transmission line located in the County(ies) of _______________________________.]

Comes now the above-named ________________________________________, the applicant herein, and respectfully shows the Commission as follows:

1. That the name and address of the applicant are ___________________________________ ________________________________________________________________________.

2. That the applicant proposes to ________________________________________________ _____________________________________________________________________________, at _________________________________(city/town), in the County of ____________________ ____________________________________.

3. Attached hereto is a copy of the effective charter of incorporation of the applicant.

4. Commission approval of the requested modification or amendment should be granted for the following reasons: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________.

Dated this ______________________ day of __________________, ________________. _______________________________________(Signature of authorized representative of applicant) _______________________________________Title of signer (President or other officer) _______________________________________Attorney.

Address: _______________________________________________________________________

Series 32 Rules Governing Billing, Collection And Remission Of E911 Fees By Providers Of Voice over Internet Protocol Service

W. Va. Code R. § 150-32-1 General

1.1. Scope. -- These rules govern the billing, collection, and remission of enhanced 911 monthly fees by providers of Voice over Internet Protocol service.

1.2. Authority. -- W. Va. Code §§7-1-3cc, 24-1-1, 24-1-7, 24-2-1, 24-2-2, 24-6-7, 24-6-8 and 24-6-11.

1.3. Filing Date. -- June 22, 2009.

1.4. Effective Date. -- August 21, 2009.

W. Va. Code R. § 150-32-2 Definitions

2.1. Statutory definitions adopted.

2.1.a. The Commission adopts the definitions set forth in W. Va. Code §24-6-2.

2.2. PSC rule definitions adopted.

2.2.a. The Commission also adopts the definitions set forth in Section 2 of the Rules and Regulations Governing Emergency Telephone Service, 150 C.S.R. Series 25.

2.3. Voice over Internet Protocol service defined.

2.3.a. “Voice over Internet Protocol (VoIP) service” has the same definition as Interconnected Voice over Internet Protocol as set forth in the rules and regulations of the Federal Communications Commission, 47 C.F.R. § 9.3.

W. Va. Code R. § 150-32-3 Billing and Collection of E911 Fees

3.1. Billing agency and administrative charges.

3.1.a. Subject to the regulations in these rules, each provider of VoIP service may act as a billing agent for the lawful county E911 fee on the bills rendered by the VoIP provider to its customers in each county in which the provider of VoIP service provides service. The provider of VoIP service may retain an administrative charge of up to three percent (3%) of the fees collected.

3.2. Regulations.

3.2.a. VoIP Service Location.

3.2.a.1. VoIP service is considered located within this state if it is used primarily in this state. A provider of VoIP service may rely upon a subscriber's declaration of the state in which the subscriber primarily uses the service. If the subscriber does not declare a state of primary use, the provider of VoIP service shall treat the registered service address as the state of primary use.

3.2.b. Implementation of fee.

3.2.b.1. To the extent consistent with federal law and regulation, a provider of VoIP service shall begin acting as a billing agent for a county commission's fee when it begins providing VoIP service in that county, and shall implement changes in the amount of the fee within one hundred twenty (120) days of the receipt of notice under these rules, subject to any application for waiver as provided in these rules.

3.2.c. Notice of change in amount of fee.

3.2.c.1. A provider of VoIP service remitting fees to a county commission under these rules shall provide the county commission with an address for receipt of notices of changes in the amount of the fee. A county commission shall give each provider of VoIP service no less than one hundred twenty (120) days' notice of any change in the amount of the fee. This notice must include a certified copy of the applicable ordinance.

3.2.d. Separate line item.

3.2.d.1. Unless doing so is not reasonably feasible in its billing systems, the provider of VoIP service shall show the lawful E911 fee as a separate line item on the billing statement. Where a single bill is rendered for multiple VoIP service lines or line equivalents, the total applicable fee may appear as a single line on the bill. If a provider of VoIP service has a billing system for which showing a separate line item is not reasonably feasible, it shall notify the affected county commissions and the public service commission, and make application for a waiver under these rules.

3.2.e. Application and payment of fee.

3.2.e.1. A single E911 fee is to be billed and collected per VoIP service line or line equivalent. The number of a subscriber's VoIP service lines or line equivalents is equal to the number of E911 charges applied to equivalent wireline telephone services. The E911 fee is due and payable by customers on the same basis as the rates and charges for VoIP service.

3.2.f. Arrangements between providers and agents.

3.2.f.1. Providers of VoIP service may make arrangements with agents for the billing, collection and remission of E911 fees, including but not necessarily limited to wholesale provision of VoIP. In those instances, only a single E911 fee is to be billed and collected for each VoIP service line or line equivalent.

3.2.g. Remission of fees.

3.2.g.1. A provider of VoIP service, or an agent of a provider of VoIP services, billing a county E911 fee under these rules shall remit no later than the twenty-fifth (25th) day of each month the total fees collected during the previous month. In calculating the total fees collected, the provider of VoIP service or its agent may deduct the fees uncollectible or uncollected from the total fees billed, using its current rate of uncollectible revenues or other reasonable methodology. The fees may be remitted directly to the county commission, or may be remitted to any agent of the county commission designated by the commission in writing. When a provider of VoIP services uses an agent for the billing, collecting, and remission of E911 fees, the agent is only liable to a county commission for remission of E911 fees to the extent the agent has received such fees from VoIP subscribers and the provider of VoIP services. A provider of VoIP services shall be liable to a county commission to the extent it fails to remit to its agent E911 fees collected from subscribers.

3.2.h. Over-remission and under-remission.

3.2.h.1. In the event that the amount remitted to a county commission or its agent by a provider of VoIP service is greater or less than the amount due, the liability of the county commission or of the provider of VoIP service is discharged by the return of the amount overpaid or the payment of the remaining amount due, whichever the case may be. In either case, no interest is due.

3.2.i. Refusal by customer to pay.

3.2.i.1. If a customer of VoIP service refuses to pay the E911 fee, the provider of VoIP service may remove any or all E911 fees from the customer's account. The county commission is responsible for the collection of E911 fees not billed due to the customer's refusal to pay.

3.2.j. Back-billing.

3.2.j.1. In the event that an E911 fee is not billed, the provider of VoIP service may back-bill the fee, unless the county commission directs otherwise. If the county commission directs the provider of VoIP service not to back-bill any such E911 fee, the obligations of the provider of VoIP service with respect to that fee are discharged.

3.2.k. Liability limitation.

3.2.k.1. Except for willful or wanton misconduct, neither a county commission nor a provider of VoIP service is liable in connection with administering E911 fees in accordance with, or in a good faith attempt to comply with, these rules.

3.2.l. Confidentiality of customer and trade secret information.

3.2.l.1. In recognition of the fact that information pertaining to numbers of customers and revenues collected by providers of VoIP service is obtained and maintained in a competitive environment and that information pertaining to the providers' subscribers could be used to the disadvantage of the participating provider of VoIP service, such information must be held in confidence, and may not be released without first notifying the provider and affording it a reasonable opportunity to protect its information as a trade secret under W. Va. Code § 29B-1-1, et seq., or otherwise.

3.3. Waivers and petitions.

3.3.a. Waivers for alternative methods of administration.

3.3.a.1. A provider of VoIP service may petition the Commission for a waiver of these rules in favor of an alternative method of administering E911 fees. Any such petition must 1) be verified, 2) provide good cause why the waiver should be granted, 3) state the duration for which the waiver is requested, and 4) state the alternate method by which the provider of VoIP proposes to administer the billing, collection or remission of E911 fees. Petitions for an emergency waiver must clearly state the reasons for emergency relief. The Commission shall liberally grant the petition where the proposed alternative methodology is reasonable.

3.3.b. Hardship waivers.

3.3.b.1. If hardship results from the application of these rules, or if unusual difficulty is involved in immediately complying with it, or upon other good cause shown, application may be made to the Commission for a temporary or indefinite waiver of the requirement. The petition must 1) show good cause why the Commission should grant the hardship waiver and 2) explain the hardship or unusual difficulty. If the petition seeks a delay in the remission of E911 fees, the verified petition for a waiver must set forth a proposed timetable for the overdue amount to be remitted.

3.3.c. Other petitions.

3.3.c.1. The Commission also may entertain petitions from a county commission, the Commission Staff or a third party regarding E911 fees that have not been properly remitted, or the Commission may investigate the matter on its own motion. Any such petitions must clearly explain what happened and specify any action that is requested of the Commission. Any such petition must be verified.

150CSR32

150CSR32

Series 33 Rules Governing Electric Utility Net Metering Arrangements and Interconnections

W. Va. Code R. § 150-33-1 General

1.1. Scope. -- The following rules govern the net metering arrangements and interconnections between electric utilities and electric utility customers that are also generators of electricity using alternative and renewable resources. The rules also govern interconnection standards between electric utilities and small power producers, including net metering customers.

1.2. Authority. -- W. Va. Code §24-2F-8.

1.3. Filing Date. -- October 16, 2019.

1.4. Effective Date. -- November 15, 2019.

1.5. Application of Rules.

1.5.1. If hardship results from the application of any rule contained herein or if unusual difficulty is involved in immediately complying with any rule, or upon other good cause shown, application may be made to the Commission for a temporary or permanent exemption or waiver from its provisions. No application for modification or exemption will be considered by the Commission unless the application includes a full and complete justification for such action. Furthermore, to the extent the rule is based on a specific statutory requirement, the Commission is unable to waive such a rule based upon specific statutory requirement.

W. Va. Code R. § 150-33-2 Definitions

2.1. “Alternative energy resources” -- The following resources, methods, projects or technologies for the production or generation of electricity:

2.1.1. Advanced coal technology -- A technology used in a new or existing energy generating facility to reduce airborne carbon emissions associated with the combustion or use of coal and includes, but is not limited to, carbon dioxide capture and sequestration technology, supercritical technology, advanced supercritical technology as that technology is determined by the Public Service Commission, ultrasupercritical technology and pressurized fluidized bed technology and any other resource, method, project or technology certified by the Commission as advanced coal technology.

2.1.2. Coal bed methane;

2.1.3. Natural gas;

2.1.4. Fuel produced by a coal gasification or liquification facility;

2.1.5. Synthetic gas;

2.1.6. Integrated gasification combined cycle technologies;

2.1.7. Waste coal -- A technology by which electricity is produced by the combustion of the by-product, waste or residue created from processing coal (such as gob);

2.1.8. Tire-derived fuel; and

2.1.9. Pumped storage hydroelectric projects.

2.2. “Alternative energy resource facility” -- A facility or equipment that generates electricity from alternative energy resources.

2.3. “Commission” -- The Public Service Commission of West Virginia.

2.4. “Cross-subsidization” -- The practice of charging costs, including the incremental cost of interconnection and the net of the difference in the cost of a traditional meter and the metering equipment required for net metering, directly incurred by the electric utility in accommodating a net metering system to electric retail customers who are not Customer-generators.

2.5. “Incremental Cost of Interconnection” -- The additional cost incurred by the Utility to connect to a Customer-generator that would not be incurred to connect to a customer that is not a Customer-generator.

2.6. “Customer-generator” -- An electric retail customer who owns or leases, and operates an alternative or renewable energy resource facility (“generation project”) within this State that meets the following criteria: the generation project is located on the same tract of land as its metering point(s) or if the generation facility is located on contiguous tract(s), the generation project is located within two miles of the customer’s metering point(s); the tract or contiguous tracts are owned or leased by the customer as a private residence or used by a commercial or industrial customer in the normal course of business; the generation project has a nameplate capacity of not greater than 25 kilowatts if installed at a residential service location, not greater than 500 kilowatts if installed at a commercial service location, or not greater than 2 megawatts if installed at an industrial service location; provided that, the maximum nameplate capacity for a Customer-generator served by rural electric cooperatives, municipally-owned electric utilities or utilities serving less than thirty-thousand residential customers shall be 50 kilowatts; and, the generation project is designed and installed to operate in parallel with the electric utility distribution system without adversely affecting the operation of equipment and service of the electric utility and its customers and without presenting safety hazards to the electric utility or customers.

2.7. “Customer-generator facility” -- The alternative or renewable energy resource equipment operated by a Customer-generator to generate, manage, monitor and deliver electricity to the electric utility.

2.8. “Electric distribution system” -- A portion of an electric system which delivers electricity from transformation points on the transmission system to points of connection at a customer premises.

2.9. “Electric retail customer” -- A direct purchaser of electric power whose service is billed by an electric utility based on meter reading, but excludes an occupant of a building or facility where the occupants are not direct purchasers of electricity.

2.10. “Electric utility” -- The electric distribution company or electric generation supplier that sells electricity to retail customers in West Virginia.

2.11. “kW” -- Kilowatt -- A unit of power representing 1,000 watts. A kW equals 1/1000 of a MW.

2.12. “MW” -- Megawatt -- A unit of power representing 1,000,000 watts. A MW equals 1,000 kWs.

2.13. “Meter aggregation” -- The combination of readings from and billing for all meters regardless of rate class on eligible properties owned or leased by a Customer-generator for eligible properties located within the service territory of a single electric utility. Meter aggregation may be completed through physical or virtual meter aggregation.

2.14. “Net metering” -- The means of measuring the difference between the electricity supplied by an electric utility and the electricity generated from a Customer-generator when any portion of the electricity generated by the alternative energy resource facility is used to offset part or all of the Electric retail customer requirements for electricity.

2.15. “Non-standard meter” -- Meter capable of measuring generator output and time-of-day usage.

2.16. “Physical meter aggregation” -- The physical rewiring of all meters regardless of rate class on properties owned or leased by a Customer-generator to provide a single point of contact for a meter or meters to measure net electric service for that Customer-generator.

2.17. “Renewable energy resources” -- The following resources, methods, projects or technologies for the production or generation of electricity:

2.17.1. Solar photovoltaic or other solar electric energy;

2.17.2. Solar thermal energy;

2.17.3. Wind power;

2.17.4. Run of river hydropower -- A hydropower facility that, during normal operating conditions, does not utilize storage and that has outflow from the project that approximates the inflow of the project. The flow regime below a run of river hydropower project will essentially be the river’s natural regime, except in special circumstances, such as might follow reinstallation of flashboards, project shutdowns, or as required pursuant to flood control and navigation control requirements of the U.S. Army Corps of Engineers or the terms and conditions of the facility’s Federal Energy Regulatory Commission license to promote the environment, recreation, or fish habitat. Under those circumstances, a change in storage contents is necessary, and outflow is reduced below inflow for a period. Another circumstance is the flow transition after an idle station is brought on line, causing initial flows downstream to exceed inflow.

2.17.5. Geothermal energy -- Electricity produced by extracting hot water or steam from geothermal reserves in the earth’s crust and supplied to steam turbines that drive generators;

2.17.6. Biomass energy -- A technology by which electricity is produced from a nonhazardous organic material that is available on a renewable or recurring basis, including pulp mill sludge;

2.17.7. Biologically derived fuel -- Methane gas, ethanol, or biodiesel fuel;

2.17.8. Fuel cell technology -- Any electrochemical device that converts chemical energy in a hydrogen-rich fuel directly into electricity, heat and water without combustion; and,

2.17.9. Recycled energy -- Useful thermal, mechanical or electrical energy produced from: (i) exhaust heat from any commercial or industrial process; (ii) waste gas, waste fuel or other forms of energy that would otherwise be flared, incinerated, disposed of or vented; and (iii) electricity or equivalent mechanical energy extracted from a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat.

2.18. “Renewable energy resource facility” -- A facility or equipment that generates electricity from renewable energy resources.

2.19. “Reporting period” -- The 12-month period from June 1 through May 31.

2.20. “Virtual meter aggregation” -- The combination of readings and billing for all meters regardless of rate class on eligible properties owned or leased by a Customer-generator by means of the electric utility billing process, rather than through physical rewiring of the Customer-generator property for a physical, single point of contact.

W. Va. Code R. § 150-33-3 General Provisions

3.1. An electric utility shall offer net metering to a Customer-generator that generates electricity on the Customer-generator side of the meter using alternative or renewable energy sources, on a first-come, first-served basis based on the date of application for interconnection as provided in these rules and pursuant to a standard tariff. An electric utility shall offer net metering to Customer-generators, on a first-come, first-served basis so long as the total generation capacity installed by all Customer-generators is no greater than three percent (3%) of the electric utility aggregate customer peak demand in the State during the previous year, of which no less than one-half percent (0.5%) is reserved for residential Customer-generators.

3.2. An electric utility may apply to the Commission for authority to limit the addition of net metering facilities when the capacity of all distributed generation and net metering facilities on a distribution line section exceeds fifteen percent (15%) of the peak load on that line section for three-phase circuits, and five percent (5%) of the peak load on that section for single-phase circuits.

3.3. An electric utility shall file a tariff with the Commission consistent with these rules, in the form of Form No. 1 attached to these rules, that provides for net metering and net metering protocols that enable the electric utility to offer net metering to Customer-generators taking service from the electric utility.

3.4. An electric utility shall prepare information about net metering consistent with these rules and disclose that information annually to its customers by bill insert and by posting information on its web site.

3.5. If construction or upgrades of the electric utility system that are not required to connect customers that are not Customer-generators are required in order to interconnect the Customer-generator facility, additional charges to cover incremental costs incurred by the electric utility shall be determined by the electric utility and paid by the Customer-generator. The Customer-generator shall pay any additional charges, as determined by the electric utility, for equipment, labor, testing or inspections requested by the customer.

3.6. A Customer-generator shall install, operate and maintain its Customer-generator facility in accordance with the requirements of these rules.

3.7. An electric utility may not require additional equipment or insurance or impose any other fee or requirement unless the additional equipment, insurance or other requirement is specifically authorized under these rules and included in the electric utility tariff approved by the Commission.

3.8. All electric utilities, Customer-generators, and other persons or entities governed by these rules shall comply with the Institute of the Electrical and Electronics Engineers (IEEE) standards at all times, and as the same shall be amended. In the event, however, a net metering customer governed by these rules prior to November 15, 2019 is required to make equipment modifications to bring the Customer-generator’s system into compliance with these rules, as amended, the Customer-generator shall be afforded a period of time not to exceed six (6) months from the date the Customer-generator’s electric utility provider provides notice of the enactment of the amended rules to bring the Customer-generator facility into compliance.

W. Va. Code R. § 150-33-4 Continuing Obligations

4.1. A Customer-generator shall maintain general liability insurance providing the following coverage:

4.1.1. A Customer-generator with a Customer-generator facility with a nameplate capacity of up to 50 kW shall maintain general liability insurance in the amount of one hundred thousand dollars ($100,000).

4.1.2. A Customer-generator with a Customer-generator facility with a nameplate capacity of greater than 50 kW and up to 500 kW shall maintain general liability insurance in the amount of five hundred thousand dollars ($500,000).

4.1.3. A Customer-generator with a Customer-generator facility with a nameplate capacity of greater than 500 kW shall maintain general liability insurance in the amount of one million dollars ($1,000,000).

4.2. A Customer-generator facility is transferable to other persons or service locations only after written notification by the Customer-generator to the electric utility and verification by a licensed electrician that the installation is in compliance with all applicable safety and power quality standards, and that the transferee has met all insurance requirements.

W. Va. Code R. § 150-33-5 Netting Monthly Charges

5.1. Monthly charges for energy, and demand where applicable, to serve the Customer-generator net or total load shall be determined according to the electric utility net metering tariff for Customer-generators.

5.1.1. Charges for energy consumption contained in the net metering tariff for Customer-generators shall be the same as charges for energy consumption contained in the standard service tariff under which the Customer-generator would otherwise be served.

5.1.2. The fixed monthly minimum bills and charges contained in the net metering tariff for Customer-generators shall not exceed comparable charges contained in the standard service tariff under which the Customer-generator would otherwise be served by more than the costs directly incurred by the electric utility in accommodating a net metering system. Charges may include: customer charges; other monthly charges not related to energy consumption; and charges for incremental cost of interconnection and the net difference in the cost of a traditional meter and the bi-directional meter requirement for net metering directly incurred by the electric utility in accommodating a net metering system to electric retail customers who are not Customer-generators.

5.2. Measurement and Charges. The measurement of net electrical energy supplied or generated will be calculated as follows:

5.2.1. The net electrical energy produced and the electrical energy consumed during the billing period shall be measured in a manner consistent with the normal electric utility metering practice.

5.2.2. The electric utility shall credit a Customer-generator at the full retail rate, or the net metering credit approved by the Commission in a general rate filing, for each kW hour produced by an alternative or renewable energy resource installed on the Customer-generator side of the electric meter and delivered to the electric utility’s distribution system through the Customer-generator’s electric meter, up to the total amount of electricity delivered by the electric utility to that Customer-generator during the billing period. Provided, that the rate credits shall not reduce the bill below the fixed monthly minimum bill plus any separate charge to the net metering customers for the Incremental Cost of Connection.

5.2.3. If a Customer-generator supplies more electricity to the electric distribution system than the electric utility delivers to the Customer-generator in a given billing period, the excess kW hours shall be carried forward and credited against the Customer-generator usage in subsequent billing periods in accordance with 5.2.2. above. Provided that, if a Customer-generator terminates service with the electric utility, the electric utility is not required to provide compensation to the Customer-generator for any outstanding kW hour credits.

5.2.4. For Customer-generators involved in virtual meter aggregation programs, a credit shall be applied first to the meter through which the Customer-generator facility supplies electricity to the distribution system, then prorated equally to the remaining meters for the Customer-generator accounts.

W. Va. Code R. § 150-33-6 Meters and Metering

6.1. The electric utility may elect to accomplish net energy metering for a Customer-generator by using (i) a standard meter capable of measuring the net flow of electricity in two (2) directions, (ii) two separate standard meters configured to measure gross inflow of electricity and gross outflow of electricity, or (iii) a non-standard meter(s). If an electric utility elects to meter under (i), (ii), or (iii), net metering customers will be responsible for only the incremental cost to meter a Customer-generator under option (i) that would not be incurred to meter a customer that is not a Customer-generator. If an electric utility elects to install a non-standard meter(s), the electric utility will bear the expenses for the non-standard metering, including the cost of the meter and installation of the meter, that exceed the incremental cost to meter a Customer-generator under option (i) that would not be incurred to meter a customer that is not a Customer-generator. Customer-generators may not opt out of the installation of non-standard meters.

6.2. A customer applying to be a Customer-generator after November 15, 2019 must agree to the installation of a blank meter socket in a utility-approved accessible location that would allow the electric utility to directly measure the customer-owned generating facility’s output with either a standard or non-standard meter. The blank meter socket may, at the initial discretion of the electric utility, be installed by either the electric utility or the Customer-generator. If installed by the Customer-generator, the electric utility shall supply the Customer-generator with the blank meter socket or reimburse the Customer-generator for that cost and fully reimburse the Customer-generator for the installation cost.

6.3. If two meters are used to measure energy flows, for each applicable billing period including time-of-day billing periods, the reading of the meter measuring the flow of energy from the Customer-generator to the electric utility shall be subtracted from the reading of the meter measuring the flow of energy from the electric utility to the Customer-generator to obtain a measurement of net kW hours for billing purposes.

6.4. The electric utility shall offer Customer-generators a time-differentiated energy tariff rate or a non-time-differentiated energy rate, if the electric utility offers the choice to other customers in the same rate class as the Customer-generator. If the Customer-generator uses a meter and billing arrangement that has time-differentiated rates, the electric utility shall calculate net bills for each time period.

6.5. Virtual meter aggregation on properties owned or leased and operated by a Customer-generator shall be allowed for purposes of net metering. Virtual meter aggregation shall be limited to active meters serving a Customer-generator located on properties owned or leased within two (2) miles of the boundaries of the Customer-generator’s single or contiguous property, as provided in subsection 2.6, and within a single electric utility’s service territory. Physical meter aggregation shall be at the expense of the Customer-generator. The electric utility shall provide the necessary equipment to complete physical aggregation. If the Customer-generator requests virtual meter aggregation, it shall be provided by the electric utility at the expense of the Customer-generator. The Customer-generator shall be responsible for any incremental expense entailed in processing his account on a virtual meter aggregation basis.

W. Va. Code R. § 150-33-7 Report to the Commission

7.1. An electric utility that offers net metering shall submit an annual net metering report to the Commission. The report shall be submitted by July 30 of each year, and shall include the following information for the twelve (12) months ending May 31 of that year: (i) the total number of net metered Customer-generator facilities, by resource type; (ii) the total rated generating capacity of net metering Customer-generators by resource type; (iii) net kW hours by month received from or delivered to net metered Customer-generators served through single bi-directional meters and an estimate of total kW hours by month produced by those single bi-directional metered Customer-generators with an explanation of the basis for the electric utility estimate; and (iv) kW hours by month delivered to and received from net metered Customer-generators served through separate inflow and outflow meters.

W. Va. Code R. § 150-33-8 Interconnection Obligation

8.1. Subject to the requirements of these rules and the authorizing statute, an electric utility is obligated to interconnect a Customer-generator facility to its system. The electric utility and the customer must enter into an interconnection agreement, as set forth in the interconnection standards and technical requirements incorporated by reference in these rules as Form No. 2.

Page 1 of 4 TARIFF N.M.S.

(Net Metering Service)

Availability of Service Available to residential and general service customers who own and operate an eligible electric generating facility designed to operate in parallel with the Company system. The total rated generating capacity of all customers served under this tariff shall be limited to three percent (3%) of the Company single hour peak load during the previous year, of which one-half percent (0.5%) is reserved for residential Customer-generators.

Conditions of Service 1. For the purposes of this tariff, an eligible Customer-generator must meet the definition of “Customer-generator” as set forth in the Commission Rules Governing Electric Utility Net Metering Arrangements and Interconnections, 150 C.S.R. 33 (“Net Metering Rules”).

2. A Customer-generator seeking to interconnect an eligible electric generating facility to the Company system must submit to designated Company personnel a completed interconnection application, and a one-line diagram showing the configuration of the proposed net metering facility. The Company will provide copies of all applicable forms upon request.

3. An interconnection agreement between the Company and the Customer-generator must be executed before the Customer-generator facility may be interconnected with the Company system.

4. All generator equipment and installations must comply with the Company’s technical requirements. All generator equipment shall be installed in accordance with the manufacturer specifications as well as all applicable provisions of the National Electrical Code and state and local codes. All generator equipment and installations shall comply with all applicable safety, performance and power quality standards, established by the National Electrical Code, the Institute of Electrical and Electronic Engineers, including having a disconnect readily accessible to the electric utility between the facilities of the Customer-generator and the electric utility, and accredited testing laboratories. The disconnect shall comply with Rule 4.1.7. or 4.2.7. of the Interconnection Standards.

5. The Customer-generator shall provide the Company proof of qualified installation of the Customer-generator facility. Certification by a licensed electrician shall constitute acceptable proof.

6. The Customer-generator shall install, operate, and maintain the Customer-generator facility in accordance with the manufacturer suggested practices for safe, efficient, and reliable operation in parallel with the Company system.

7. The Company may, at its own discretion, isolate any Customer-generator facility if the Company has reason to believe that continued interconnection with the Customer-generator facility creates or contributes to a system of emergency.

8. The Company may perform reasonable on-site inspections to verify the proper installation and continuing safe operation of the Customer-generator facility and the interconnection facilities, at reasonable times and upon reasonable advance notice to the Customer-generator.

Page 2 of 4 9. A Customer-generator shall maintain general liability insurance providing the following coverage: 1) a Customer-generator with a Customer-generator facility with a nameplate capacity of up to 50 kW shall maintain general liability insurance in the amount of one hundred thousand dollars ($100,000); 2) a Customer-generator with a nameplate capacity of greater than 50 kW and up to 500 kW shall maintain general liability insurance in the amount of five hundred thousand dollars ($500,000); and 3) a Customer-generator with a Customer-generator facility with a nameplate capacity of greater than 500 kW shall maintain general liability coverage in the amount of one million dollars ($1,000,000). The Customer-generator must submit evidence of such insurance to the Company with the interconnection application. The Company’s receipt of evidence of liability insurance does not imply an endorsement of the terms and conditions of the coverage.

10. An eligible Customer-generator facility is transferable to other persons or service locations only upon written notification by the Customer-generator to the Company and verification by a licensed electrician that the facility is in compliance with all applicable safety and power quality standards. All other conditions of service apply.

Metering Net energy metering shall be accomplished by (i) using a standard meter capable of measuring the flow of electricity in two directions, (ii) two separate meters configured to measure gross inflow of electricity and gross outflow of electricity, or (iii) a non-standard meter(s). If offered to other customers in the same class as the Customer-generator, net energy flows may also be measured by time-of-day at the Customer-generator’s option by (i) using a standard meter capable of measuring the flow of electricity in two directions by time-of-day, or (ii) two separate meters capable of measuring flows by time-of-day.

If the existing electrical meter installed at the Customer-generator facility is not capable of measuring the flow of electricity in two directions or by time-of-day as required above, the Company shall install new metering equipment for the Customer-generator at the expense of the Customer-generator for the incremental cost in accordance with the Rules Governing Electric Utility Net Metering Arrangements and Interconnections, 150 C.S.R. 33.

If two meters are used to measure energy flows, for each applicable billing period including time-of-day billing periods, the reading of the meter measuring the flow of energy from the Customer-generator to the Company shall be subtracted from the reading of the meter measuring the flow of energy from the Company to the Customer-generator to obtain a measurement of net kW hours for billing purposes.

Monthly Charges Monthly charges shall be calculated using an identical rate structure to the structure that would apply to the customer if it were not a Customer-generator.

Rates:

Here the electric utility should include the rates applicable to each class of customer using the same rate structure and energy rates applicable to customers that are not Customer-generators.

Page 3 of 4 Fixed monthly charges may include: customer charges, other monthly charges not related to energy consumption, charges for incremental cost of interconnection, and the net difference in the cost of a traditional meter and the bi-directional meter requirement for net metering directly incurred by the electric utility in accommodating a net metering system that would not be required for electric retail customers who are not Customer-generators as allowed by the rules of the Public Service Commission.

Fixed monthly minimum bills and charges that are different from such charges in applicable tariffs for customers that are not Customer-generators must be approved by the Public Service Commission and shall not exceed comparable charges contained in the standard service tariff under which the Customer-generator would otherwise be served by more than the incremental added costs directly incurred by the electric utility in accommodating a net metering system.

Measurement and Charges. The measurement of net electrical energy supplied or generated will be calculated as follows:

1. The net electrical energy produced or consumed during the billing period shall be measured in accordance with normal metering practices.

2. The Company shall credit a Customer-generator for each kW hour produced by an alternative or renewable energy resource installed on the Customer-generator side of the electric meter and delivered to the electric utility’s electric distribution system through the Customer-generator’s electric revenue meter, up to the total amount of electricity delivered by the electric utility to that customer during the billing period.

3. The electric utility shall credit a Customer-generator at the full retail rate for each kW hour produced by an alternative or renewable energy resource installed on the Customer-generator side of the electric meter and delivered to the electric utility’s distribution system through the Customer-generator’s electric meter, up to the total amount of electricity delivered by the electric utility to that Customer-generator during the billing period. Provided, that the rate credits shall not reduce the bill below the fixed monthly minimum bill plus any separate charge to the net metering customers for the Incremental Cost of Connection.

4. If a Customer-generator supplies more electricity to the electric distribution system than the Company delivers to the Customer-generator in a given billing period, the excess kW hours shall be carried forward and credited against the Customer-generator usage in subsequent billing periods in accordance with Rule 5.2.2. of the Rules Governing Electric Utility Net Metering Arrangements and Interconnections, 150 C.S.R. 33. Provided that, if a Customer-generator terminates service with the electric utility, the electric utility is not required to provide compensation to the Customer-generator for any outstanding kW hour credits.

5. For Customer-generators involved in virtual meter aggregation programs, a credit shall be applied first to the meter through which the Customer-generator facility supplies electricity to the distribution system, and then prorated equally to the remaining meters for the Customer-generator’s accounts.

Equipment Design Requirements Data for all major equipment proposed by the Customer to satisfy the Technical Requirements must be submitted for review and approval by the Company with a completed interconnection application. To facilitate review and approval, the Company will maintain a list of Pre-certified equipment.

Page 4 of 4 The Company List of Pre-certified equipment is available upon request and contains Pre-certified equipment types, makes, and models of manufactured generating equipment and interconnection system components. This listing is based upon equipment certified by recognized national testing laboratories as suitable for interconnection with a distribution system based upon compliance with IEEE 1547.

The use of equipment that is not pre-certified may delay the Company review and approval of the customer’s design. All interconnection equipment must be approved by the Company prior to being connected to the Company distribution system and before parallel operation is allowed.

The interconnection system hardware and software design requirements in the Technical Requirements are intended to assure protection of the Company distribution system.

INTERCONNECTION STANDARDS

1. Scope and Applicability.

1.1. These standards establish interconnection requirements for Distributed Resources (DR) units up to 2 MW in nameplate capacity, operating in parallel with the Electric Distribution System, that are not required to execute an interconnection agreement with PJM Interconnect (PJM). However, nothing in these procedures shall prevent PJM from subsequently requiring an Interconnection Customer to enter into a separate Interconnection Agreement with PJM if the Small Generator Facility subsequently starts participating in a PJM market or otherwise falls under the scope of PJM Interconnection requirements. Small Generator Facilities that are not designed to operate in parallel are not subject to these procedures. These standards apply to all electric utilities in West Virginia.

1.2. There are two (2) levels, or categories, for the application, review, and approval of DR interconnections:

1.2.1. Level 1 — Small Generator Facilities with Electric Nameplate Capacities of 25 kW or less, are inverter-based and certified.

1.2.2. Level 2 — Small Generator Facilities with Electric Nameplate Capacities of 2 MW or less that do not qualify under Level 1.

2. Definitions.

2.1. Unless the context clearly requires a different meaning, as read herein:

Adverse system impact — shall mean the negative effects due to technical or operational limits on conductors or equipment being exceeded that may compromise the safety, power quality, and reliability of the Electric Distribution System.

Applicant — shall mean a person who has submitted an Interconnection Request to interconnect a Small Generator Facility to a Utility’s Electric Distribution System, sometimes also referred to as the “Interconnection Customer.” Area network — shall mean a type of electric distribution system served by multiple transformers interconnected in an electrical network circuit, which is generally used in large metropolitan areas that are densely populated, in order to provide high reliability of service. This term has the same meaning as the term “distribution secondary grid network” as stated in Institute of Electrical and Electronics Engineers (IEEE) standard 1547 Section 4.1.4 (published July 2003), as amended and supplemented.

Business day — shall mean Monday through Friday, excluding Federal or State Holidays.

Calendar day — shall mean any day including Saturday, Sunday or Federal or State Holidays.

Certificate of completion — shall mean the certificate in the form provided in Appendix D.

Certified — shall mean the equipment that satisfies the requirements of Appendix C.

Commission — shall mean the Public Service Commission of West Virginia.

Distribution upgrades — shall mean the required additions and modifications to the Utility’s Electric Distribution System on the supply side of the Point of Interconnection. Distribution Upgrades do not include the Applicant’s Interconnection Facilities.

Electric nameplate capacity — shall mean the net maximum or net instantaneous peak electric output capability measured in either watts or volt-amps of a Small Generator Facility as designated by the manufacturer.

Utility — shall mean the electric utility entity that owns the Electric Distribution System serving the DR.

Electric Distribution System — shall mean the facilities and equipment used to transmit electricity to ultimate usage points such as homes and industries from interchanges with higher voltage transmission networks that transport bulk power over longer distances. The voltage levels at which Electric Distribution Systems operate differ among areas but generally carry less than 69 kilovolts of electricity. Electric Distribution System has the same meaning as the term Area EPS defined in 3.1.6.1 of IEEE 1547.

Fault Current — shall mean the electrical current that flows through a circuit during an electrical fault condition. A fault condition occurs when one or more electrical conductors contact ground and/or each other. Types of faults include phase to ground, double-phase to ground, three-phase to ground, phase-to-phase, and three-phase. A Fault Current is several times larger in magnitude than the current that normally flows through a circuit.

IEEE 1547 — shall mean the most current official published version of IEEE 1547 “Standard for Interconnecting Distributed Resources with Electric Power Systems” at the time the Interconnection Request is submitted.

IEEE 1547.1 — shall mean the most current official published version of IEEE 1547 “Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems” at the time the Interconnection Request is submitted.

Interconnection Agreement — shall mean an agreement between an Interconnection Customer and a Utility, which in addition to these procedures governs the connection of the Small Generator Facility to the Electric Distribution System, as well as the ongoing operation of the Small Generator Facility after it is connected to the system.

Interconnection Customer — shall mean any entity that proposes to interconnect a Small Generator Facility to an Electric Distribution System.

Interconnection Equipment — shall mean a group of components or integrated system connecting an electric generator with an Electric Distribution System that includes all interface equipment including switchgear, protective devices, inverters, or other interface devices. Interconnection Equipment may be installed as part of an integrated equipment package that includes a generator or other electric source.

Interconnection Facilities — shall mean facilities and equipment required by the Utility to interconnect the Small Generator Facility and the Interconnection Customer’s Interconnection Equipment to the Electric Distribution System. Collectively, Interconnection Facilities include all facilities and equipment between the Small Generator Facility and the Point of Common Coupling, including any modification, additions or Distribution Upgrades that are necessary to physically and electrically interconnect the Small Generator Facility to the Utility’s Electric Distribution System. Interconnection Facilities are sole use facilities and shall not include Distribution Upgrades.

Interconnection Request — shall mean an Interconnection Customer’s request, in the form of Appendix A or B of these Interconnection Standards to interconnect a new Small Generator Facility, or to increase the capacity of, or operating characteristics of an existing Small Generator Facility that is interconnected with the Utility’s Electric Distribution System.

Line section — shall mean that portion of a Utility’s distribution system connected to an Interconnection Customer, bounded by automatic sectionalizing devices or the end of the distribution line.

Minor equipment modification — shall mean minor changes to the proposed Small Generator Facility that do not have a material impact on safety or reliability of the Electric Distribution System.

Nationally Recognized Testing Laboratory (NRTL) — shall mean a qualified private organization that meets the requirements of OSHA regulations. NRTLs perform independent safety testing and product certification. Each NRTL must meet the requirements as set forth by OSHA in the NRTL program.

Parallel operation — shall mean a Small Generator Facility that connects electrically to the Electric Distribution System and the potential exists for electricity to flow from the Small Generator Facility to the Electric Distribution System. This may be contrasted with a stand-alone generator that operates isolated from the Electric Distribution System.

Point of Common Coupling (PCC) — shall mean the point where the Customer’s Interconnection Equipment connects to the Electric Distribution System at which harmonic limits or other operational characteristics such as IEEE 1547 requirements are applied.

Point of Interconnection (POI) — shall mean the point where the Interconnection Equipment connects to the Electric Distribution System.

PJM Interconnection LLC (PJM) — shall mean FERC-approved regional transmission organization that operates the electric transmission system.

PJM Small Generator Technical Requirements and Standards — shall mean the most current version of PJM’s interconnection technical requirements applicable to small generators 10 MVA or smaller.

Queue position — shall mean the order of a valid Interconnection Request, relative to all other pending valid Interconnection Requests, that is established based upon the date and time of receipt of the valid Interconnection Request by the Utility. An Interconnection Request shall not be deemed to be invalid by virtue of its being finally evaluated under different procedures from those under which it was originally considered, e.g., an Interconnection Request originally submitted as a Level 1 Interconnection Request but eventually evaluated under Level 2 procedures is still a valid interconnection request and is to be assigned a Queue Position based on the date of its original submission as a Level 1 Interconnection Request.

Scoping meeting — shall mean the meeting between representatives of the Interconnection Customer and the Utility conducted for the purpose of discussing alternative interconnection options, to exchange information including any Electric Distribution System data and earlier study evaluations that would be reasonably expected to impact such interconnection options, to analyze such information, and to determine the potential feasible Points of Interconnection.

Small Generator Facility — shall mean the equipment used by an Interconnection Customer to generate or store electricity that operates in parallel with the Electric Distribution System. A Small Generator Facility has an Electric Nameplate Capacity rating of 2 MW or less and typically includes an electric generator, prime mover, and the Interconnection Equipment required to safely interconnect with the Electric Distribution System.

Spot Network — shall have the same meaning assigned to the term under IEEE Standard 1547 Section 4.1.4, as amended and supplemented. A Spot Network is generally used to supply power to a single customer or a small group of customers.

Standard Small Generator Interconnection Agreement — shall mean the form of Interconnection Agreement applicable to Level 1 Interconnection Request as provided in Appendix A, or Level 2 Interconnection Request as provided in Appendix B. These agreements shall apply to all Small Generator Facilities as described herein.

UL 1741 — shall mean Underwriters Laboratories (UL) Standard “Inverters, Converters, and Controllers for Use in Independent Power Systems.” Conformance — shall mean the interconnection installation evaluation required by IEEE 1547 Section 5.3 and the commissioning test required by IEEE 1547 Section 5.4. For interconnection equipment that has not been Certified, the Conformance Test shall also include the on-site design tests as required by IEEE 1547 Section 5.1 and witnessing by the Utility of production tests required by IEEE 1547 Section 5.2. All tests witnessed by the Utility are to be performed in accordance with IEEE 1547.1.

3. General Provisions.

3.1. Interconnection Requests. The Interconnection Customer desiring to interconnect a Small Generator Facility shall submit an Interconnection Request to the Utility. Interconnection Requests are to be made using the standardized forms contained in Appendix A for Level 1 applications, and Appendix B for Level 2 applications. All utilities shall accommodate the filing of Interconnection Requests electronically.

3.2. Utility Designated Point of Contact. The Utility shall designate an employee or office from which information on the interconnection of Small Generator Facilities can be obtained through informal requests by prospective Interconnection Customers. The level of information to be made available to the prospective Interconnection Customer should include, but not necessarily be limited to, information on the affected Electric Distribution System or portion thereof including any relevant system studies or interconnection studies to the extent that such provision does not violate confidentiality provisions or critical infrastructure requirements.

3.3. Technical Standard. The most current version of IEEE 1547 “Standard for Interconnecting Distributed Resources with Electric Power Systems” will be adopted as the technical standard for the interconnection of Small Generator Facilities in the State.

3.4. Modification of the Application. Any modification to machine data or equipment configuration or to the interconnection site of the Small Generator Facility not agreed to in writing by the Utility and the Interconnection Customer may be deemed a withdrawal of the Application and may require submission of a new Application, unless proper notification of each party by the other and a reasonable time to cure the problems created by the changes are undertaken.

3.5. Site Control. Documentation of site control must be submitted for Small Generator Facility additions with the Complete Application. Site control may be demonstrated through:

3.5.1. Ownership of, a leasehold interest in, or a right to develop a site for the purpose of constructing a Small Generator Facility.

3.5.2. An option to purchase or acquire a leasehold site for such purpose.

3.5.3. An exclusive or other business relationship between Small Generator Facility and the entity having the right to sell, lease or grant the Small Generator Facility the right to possess or occupy a site for such purpose.

3.6. Dispute Resolution. Each Party shall make every reasonable attempt to resolve disputes in a prompt, equitable, good faith manner. Where possible, dispute resolution will be conducted in an informal, expeditious manner in order to reach resolution with minimal costs and delay. If the parties fail to settle their dispute, either party may make a filing with the Commission for adjudication of the dispute (e.g., file a complaint).

3.7. If the Interconnection Request is for a Small Generator Facility that includes multiple energy production devices at a site for which the Interconnection Customer seeks a single Point of Interconnection, the Interconnection Request shall be evaluated on the basis of the aggregate Electric Nameplate Capacity of multiple devices.

3.8. If the Interconnection Request is for an increase in capacity for an existing Small Generator Facility, the Interconnection Request shall be evaluated on the basis of the new total Electric Nameplate Capacity of the Small Generator Facility.

3.9. The Utility shall maintain records of all Interconnection Requests received, the times required to complete Interconnection Request approvals and disapprovals, and any justification for the actions taken on the Interconnection Requests. The Utility shall keep such records on file for a minimum of three years.

3.10. Once an Interconnection Request is deemed complete by the Utility, any modification other than a Minor Equipment Modification to the proposed Small Generator Facility or Interconnection Equipment, or Minor Equipment Modification that would not affect the application of the screens in Levels 1 or 2, and that is not agreed to in writing by the Utility, shall require submission of a new Interconnection Request.

3.11. To minimize costs, the Utility may propose to interconnect more than one Small Generator Facility of a single customer at a single Point of Interconnection provided such interconnection is supportable by the customer’s facilities. A request for such interconnection shall not be unreasonably refused. An Interconnection Customer, however, may elect to pay the entire cost of a separate Interconnection Facility.

3.12. Maintenance and Testing. Each Interconnection Customer shall conduct periodic maintenance and testing of its Small Generator Facility in accordance with the provisions of IEEE 1547 relating to maintenance and testing.

4. Interconnection Request, Review, and Approval Procedures.

4.1. Level 1 Interconnections.

4.1.1. Application. All Level 1 Small Generator Facilities shall use the standard Interconnection Request Form contained in Appendix A.

4.1.2. Application Fees. A maximum fee of thirty dollars ($30) shall be charged for all Level 1 applications.

4.1.3. Each Utility shall adopt a Level 1 interconnection review procedure as set forth in Section 4.1.6. herein for all Small Generator Facilities that meet the screening criteria in Section 3.6. A Utility shall not impose additional requirements not specifically authorized under this Section.

4.1.4. Level 1 Screening Criteria. For interconnection of a proposed Small Generator Facility the Utility shall utilize the Level 1 procedure set forth in 4.1.6. if the Small Generator Facility meets the following criteria:

a. The Small Generator Facility utilizes inverter-based technology and customer Interconnection Equipment that is non-islanding, UL listed, and Certified in accordance with the provisions contained in Appendix C.

b. The Small Generator Facility has an Electric Nameplate Capacity of 25 kW or less and is proposing to interconnect to distribution facilities operating at 69 kV or less.

c. The interconnection will not cause the aggregated generation on the radial distribution circuit including the proposed generator to exceed fifteen percent (15%) of the Line Section annual peak, three-phase load or five percent (5%) of the Line Section annual peak, single-phase load as measured at the substation. Should the generator fail this screening criterion, the Utility shall proceed with interconnection if it determines that the generator can still be interconnected in a safe, reliable manner.

d. For interconnection to the load side of Spot Network protectors, the aggregated generation including the proposed generator must not exceed five percent (5%) of a Spot Network’s maximum load.

e. If the proposed Small Generator Facility is to be interconnected on a single-phase shared secondary, the aggregate generation capacity on the shared secondary, including the proposed Small Generator Facility, will not exceed 25 kW.

f. If the proposed Small Generator Facility is single-phase and is to be interconnected on a center tap neutral of a 240 volt service, its addition shall not create an imbalance between the two sides of the 240 volt service of more than twenty percent (20%) of the nameplate rating of the service transformer.

4.1.5. Level 1 Review Procedure.

a. Upon receipt of a standard Level 1 Interconnection Request provided in Appendix A the Utility shall within ten (10) business days inform the Applicant that the Interconnection Request is either complete or incomplete, and if incomplete provide a list of the missing items.

b. In the event the Utility does not have a record of receipt of the Interconnection Request, the Applicant will provide the Utility with an additional copy of the Interconnection Request. If the Applicant can demonstrate by return mail receipt that the original Interconnection Request was delivered to the Utility, the Utility shall be required to forgo the initial ten-day (10-day) response period and immediately complete their evaluation of the Interconnection Request within three (3) business days of receipt of the Applicant’s resubmittal.

c. Utility Verification. The Utility verifies Small Generator Facility equipment can be interconnected safely and reliably using Level 1 screens set forth in Section 4.1.4. This can take up to fifteen (15) business days after receipt of a complete Interconnection Request.

d. Certificate of Completion. Before service is provided by the Utility, the Interconnection Customer shall submit a Certificate of Completion as provided in Appendix D to the Interconnection Standards.

e. Conformance Test. The Interconnection Customer shall provide the completed Certificate of Completion, three executed copies of the Interconnection Agreement and the proposed schedule and plan for completing the tests required by IEEE 1547 to the Utility. Within ten (10) business days following the receipt of the above items by the Utility or within the time limits agreed to by the Parties, the Interconnection Customer shall complete all testing required by IEEE 1547. The Utility may choose to be present at the Small Generator Facility during the testing of the proposed interconnection. The Interconnection Customer shall provide the test results to the Utility. If the Utility identifies problems with the inspection, if the test results are unsatisfactory, or if the Utility does not agree with the customer's periodic test procedures, the Utility will notify the customer in writing within ten (10) business days with the deficiencies clearly identified. The Utility may withhold authorization for parallel operation until such deficiencies have been properly corrected.

f. The Small Generator Facility shall obtain approval by all local or municipal electric code officials with jurisdiction over the interconnection.

4.1.6. Unless the Utility can demonstrate that the Small Generator Facility cannot be interconnected safely and reliably, the Utility shall execute the standard Level 1 Interconnection Agreement as provided in Appendix E.

4.1.7. Isolation Device. Unless otherwise prohibited by state regulation and if required by Utility operating practices, all Level 1 Small Generator Facilities shall be capable of being isolated from the Utility by means of a lockable, visible-break isolation device readily accessible by the Utility. Unless a readily accessible load break device is otherwise provided in the interconnection system, the isolation device shall be capable of interrupting load. The isolation device shall be installed, owned, and maintained by the owner of the Small Generator Facility and located between the Small Generator Facility and the Point of Interconnection. A draw-out type circuit breaker with the provision for padlocking at the draw-out position qualifies as an isolation device for purposes of this requirement. The outdoor disconnector shall be within sight and within ten (10) feet of meter socket and no more than five (5) feet above ground level. Alternatively, the Interconnection Customer, at its option, may elect to provide the Utility access to an isolation device that is contained in a building or area that may be unoccupied and locked or not otherwise readily accessible to the Utility, by providing a lockbox capable of accepting a lock provided by the Utility that will provide ready access to the isolation device. Where a lockbox is required, the Interconnection Customer shall install the lockbox in a location that is readily accessible by the Utility and the Interconnection Customer shall affix a placard in a location acceptable to the Utility that provides clear instructions to its operating personnel on how to gain access to the isolation device. Because this standard will affect existing Interconnection Customers, the Interconnection Customer shall have six (6) months from the date the Interconnection Customer’s electric utility provider provides notice of the enactment of the Rules Governing Electric Utility Net Metering Arrangements and Interconnections, 150 C.S.R. 33 (effective November 15, 2019 to comply with this standard).

4.1.8. If the Small Generator Facility is not approved under a Level 1 review, the Interconnection Customer may submit a new Interconnection Request for consideration under Level 2 procedures specified herein without sacrificing the original Queue Position.

4.2. Level 2 Interconnections.

4.2.1. Application. Level 1 Small Generator Facilities that were not approved under a Level 1 review and all Level 2 Small Generator Facilities shall use the standard Interconnection Request Form contained in Appendix B.

4.2.2. Application Fees. A maximum fee of fifty dollars ($50) plus one dollar ($1) per kW of capacity shall be charged for all Level 2 applications.

4.2.3. Each Utility shall adopt a Level 2 interconnection review procedure as set forth in Section 4.2.5. for all Small Generator Facilities that meet the screening criteria in Section 3.6. A utility shall not impose additional requirements not specifically authorized under this Section.

4.2.4. Level 2 Screening Criteria. For interconnection of a proposed Small Generator Facility the Utility shall utilize the procedures set forth in 4.2.5 if the Small Generator Facility meets all of the following screening criteria:

a. The Small Generator Facility has an Electric Nameplate Capacity of 2 MW or less, is Certified in accordance with the provisions contained in Appendix C, does not qualify under the requirements for a Level 1 interconnection, and is proposing to interconnect to distribution facilities operating at 69 kV or less, provided that an industrial customer that is served at a higher transmission level may meet this criteria.

b. The interconnection will not cause the aggregated generation on the radial distribution circuit including the proposed generator to exceed fifteen percent (15%) of the Line Section annual peak, three-phase load or five percent (5%) of the Line Section annual peak, single-phase load as measured at the substation. If the generator fails this screening criterion, the Utility shall proceed with interconnection if it determines that the generator can still be interconnected in a safe, reliable manner.

c. For interconnection to the load side of Spot Network protectors, the aggregated generation including the proposed generator must not exceed five percent (5%) of a Spot Network’s maximum load.

d. The aggregated generation on the radial distribution circuit including the proposed generator will not contribute more than ten percent (10%) to the distribution circuit’s maximum fault current at the point on the high voltage (primary) level nearest the proposed point of common coupling.

e. The proposed Small Generating Facility, in aggregate with other generation on the distribution circuit, will not cause any distribution protective devices and equipment (including but not limited to substation breakers, fuse cutouts, and line reclosers), or Interconnection Customer equipment on the system to exceed eighty percent (80%) of the short circuit interrupting capability; nor is the interconnection proposed for a circuit that already exceeds eighty percent (80%) of the short circuit interrupting capability.

f. The proposed Small Generating Facility, in aggregate with other generation interconnected to the distribution low voltage side of the substation transformer feeding the distribution circuit where the Small Resource proposes to interconnect, will not exceed 10 MW in an area where there are known or posted transient stability limitations to generating units located in the general electrical vicinity (e.g., 3 or 4 transmission voltage level busses from the point of interconnection).

g. If the proposed Small Generator Facility is to be interconnected on a single-phase shared secondary, the aggregate generation capacity on the shared secondary, including the proposed Small Generator Facility, will not exceed 25 kW.

4.2.5. Level 2 Review Procedure:

a. Upon receipt of a standard Level 2 Interconnection Request provided in Appendix B, the Utility shall within ten (10) business days inform the Applicant that the Interconnection Request is either complete or incomplete, along with a list of the missing items.

b. In the event the Utility does not have a record of receipt of the Interconnection Request, the Applicant shall provide the Utility with an additional copy of the Interconnection Request. If the Applicant can demonstrate by return mail receipt that the original Interconnection Request was delivered to the Utility, the Utility shall be required to forgo the initial ten-day (10-day) response period and immediately complete their evaluation of the Interconnection Request within three (3) business days of receipt of the Applicant’s resubmittal.

c. The Utility verifies Small Generator Facility equipment can be interconnected safely and reliably using the Level 2 screens set forth in Section 4.2.4. This can take up to twenty-five (25) business days after receipt of a complete Interconnection Request.

d. Certificate of Completion. Before service is provided by the Utility, the Interconnection Customer shall submit a Certificate of Completion as provided in Appendix D to the Utility.

e. Conformance Test. The interconnection customer shall provide the completed Certificate of Completion, three executed copies of the Interconnection Agreement and the proposed schedule and plan for completing the tests required by IEEE 1547 to the Utility. Within ten (10) business days following the receipt of the above items by the Utility or within the time limits agreed to by the Parties, the Interconnection Customer shall complete all testing required by IEEE 1547. The Utility may choose to be present at the Small Generator Facility during the testing of the proposed interconnection. The Interconnection Customer shall provide the test results to the Utility. If the Utility identifies problems with the inspections, if the test results are unsatisfactory, or if the Utility does not agree with the customer’s periodic test procedures, the Utility shall notify the customer in writing within ten (10) business days with the deficiencies clearly identified. The Utility may withhold authorization for parallel operation until such deficiencies have been properly corrected.

f. The Small Generator Facility shall obtain approval by all local or municipal electric code officials with jurisdiction over the interconnection.

4.2.6. Unless the Utility can demonstrate that the Small Generator Facility cannot be interconnected safely and reliably, the Utility shall sign the approval line on the Interconnection Request Form and execute the standard Level 2 Interconnection Agreement as provided in Appendix F.

4.2.7. Isolation Device. Unless otherwise prohibited by state regulation and if required by Utility operating practices, all Level 2 Small Generator Facilities shall be capable of being isolated from the Utility by means of a lockable, visible-break isolation device readily accessible by the Utility. Unless a readily accessible load break device is otherwise provided in the interconnection system, the isolation device shall be capable of interrupting load. The isolation device shall be installed, owned, and maintained by the owner of the Small Generator Facility and located between the Small Generator Facility and the Point of Interconnection. A draw-out type circuit breaker with the provision for padlocking at the draw-out position qualifies as an isolation device for purposes of this requirement. The outdoor disconnector shall be within sight and within ten (10) feet of meter socket and no more than five (5) feet above ground level. Alternatively, the Interconnection Customer, at its option, may elect to provide the Utility access to an isolation device that is contained in a building or area that may be unoccupied and locked or not otherwise readily accessible to the Utility, by providing a lockbox capable of accepting a lock provided by the Utility that will provide ready access to the isolation device. Where a lockbox is required, the Interconnection Customer shall install the lockbox in a location that is readily accessible by the Utility and the Interconnection Customer shall affix a placard in a location acceptable to the Utility that provides clear instructions to its operating personnel on how to gain access to the isolation device.

APPENDICES:

APPENDIX A - INTERCONNECTION REQUEST FORM (LEVEL 1)

APPENDIX B - INTERCONNECTION REQUEST FORM (LEVEL 2)

APPENDIX C - CERTIFICATION REQUIREMENTS

APPENDIX D - CERTIFICATE OF COMPLETION

APPENDIX E - INTERCONNECTION AGREEMENT (LEVEL 1)

APPENDIX F - INTERCONNECTION AGREEMENT (LEVEL 2)

APPENDIX G - RELEVANT CODES AND STANDARDS

FORM NO. 2-A

APPENDIX A - INTERCONNECTION REQUEST FORM (LEVEL 1)

Contact Information Interconnection Customer:

Company Name or Individual: Contact Person:

Mailing Address:

Telephone (Daytime): (Evening):

Facsimile Number: E-Mail Address:

Alternative Contact Information (if different from Applicant)

Name:

Mailing Address:

Telephone (Daytime): (Evening):

Facsimile Number: E-Mail Address:

Facility Information Location (if different from above):

Utility:

Account Number (existing Utility customers):

Inverter Manufacturer:

Model:

Nameplate Rating: _____ (kW) ______ (kVA) ______ (AC Volts) Single- or Three-Phase System Design Capacity: _________ (kW) __________ (kVA)

Prime Mover: Photovoltaic ☐ Reciprocating Engine ☐ Fuel Cell ☐ Turbine ☐ Other:

Energy Source: Solar ☐ Wind ☐ Hydro ☐ Natural Gas ☐ Fuel Oil ☐ Other:

Is the inverter Certified? ☐ Yes ☐ No (If yes, attach manufacturer’s cut sheet showing listing and label information from the appropriate listing authority, e.g. UL 1741 listing)

Estimated Install Date: Est. In-Service Date:

FORM NO. 2-B

APPENDIX B - INTERCONNECTION REQUEST FORM (LEVEL 2)

Customer:

Name: Phone:

Address: Municipality:

Consulting Engineer or Contractor:

Name: Phone:

Estimated In-Service:

Existing Electric Service:

Capacity: ____________ Amps Voltage: ______________Volts Service Character: Single-Phase ☐ Three-Phase ☐ Secondary ☐ Three-Phase Transformer Connection: ☐ Wye ☐ Delta Location of Protective Interface Equipment on Property:

(include address if different from customer address)

Phone: Fax:

List interconnection components/system(s) to be used in the Small Generator Facility that are Certified Component/System NRTL Providing Label & Listing 1. 2. 3. 4. 5.

Please provide copies of manufacturer brochures or technical specification Energy Production Equipment/Inverter Information: ☐ Synchronous ☐ Induction ☐ Inverter ☐ Other Rating: ___________ kW Rating: ___________ kVA Rated Voltage: __________________ Amps System Type Tested (Total System): ☐ Yes ☐ No; attach product literature System Design Capacity: _____________ (kW) __________ (kVA)

For Synchronous Machines:

Manufacturer:

Model No. Version No.

Submit copies of the Saturation Curve and the Vee Curve ☐ Salient ☐ Non-Salient Torque: ___________ lb-ft Rated RPM: ____________ Field Amperes __________ at rated generator voltage and current and __________% PF over-excited Type of Exciter:

Output Power of Exciter:

Type of Voltage Regulator:

Locked Rotor Current: __________ Amps Synchronous Speed: ________ RPM Winding Connection: ___________ Min. Operating Freq./Time: _______________ Generator Connection: ☐ Delta ☐ Wye ☐ Wye Grounded Direct-axis Synchronous Reactance (Xd) __________ ohms Direct-axis Transient Reactance (X’d) _____________ ohms Direct-axis Sub-transient Reactance (X”d) __________ ohms For Induction Machines:

Manufacturer:

Model No.: Version No.:

Locked Rotor Current: ______________ Amps Rotor Resistance (Rr) ________ ohms Exciting Current ________ Amps Rotor Reactance (Xr) ________ ohms Reactive Power Required: _______ Magnetizing Reactance (Xm) ________ ohms _____ VARs (Full Load)

Stator Reactance (Rs) ________ ohms _____ VARs (Full Load)

Stator Reactance (Xs) ________ ohms Short Circuit Reactance (X”d) ________ ohms Phases: ☐ Single ☐ Three-Phase Frame Size: ___________ Design Letter: _______ Temp. Rise: _____________ ° C.

For Inverter Based Facilities:

Inverter:

Manufacturer: Model:

Type: ___________ Forced Commutated ___________ Line Commutated Rated Output: ___________ Amps __________ Volts Efficiency: ____________% Power Factor: ________% DC Source/Prime Mover: ☐ Solar ☐ Wind ☐ Hydro ☐ Other _________________ Rating: _____________ kW Rating: _____________ kVA Rated Voltage: ______________________ Volts Open Circuit Voltage (If applicable): ______________ Volts Rated Current: _______________________ Amps Short Circuit Current (If applicable): _________________ Amps Other Facility Information:

The following items must be attached to this form to be considered complete:

One-Line Diagram attached: ☐ Yes ☐ No Plot Plan attached: ☐ Yes ☐ No Installation Test Plan attached: ☐ Yes ☐ No Customer Signature: _____________________________ __________________________ ____________________ CUSTOMER TITLE DATE FORM NO. 2-C

APPENDIX C - CERTIFICATION REQUIREMENTS

1. Small Generating Facility equipment proposed for use separately or packaged with other equipment in an interconnection system shall be considered certified for interconnected operation if (1) it has been tested in accordance with IEEE 1547.1 in compliance with the appropriate codes and standards referenced below in Appendix G by any Nationally Recognized Testing Laboratory (NRTL) recognized by the United States Occupational Safety and Health Administration to test and certify interconnection equipment pursuant to the relevant codes and standards listed in Appendix G, (2) it has been labeled and is publicly listed by such NRTL at the time of the interconnection application, and (3) such NRTL makes readily available for verification all test standards and procedures it utilized in performing such equipment certification, and, with consumer approval, the test data itself. The NRTL may make such information available on its web site and by encouraging such information to be included in the manufacturer’s literature accompanying the equipment.

2. The Interconnection Customer must verify that the intended use of the Interconnection Equipment falls within the use or uses for which the Interconnection Equipment was labeled, and listed by the NRTL.

3. Certified Interconnection Equipment shall not require further type-test review, testing, or additional equipment to meet the requirements of this Standard Small Generator Interconnection Procedure; however, nothing herein shall preclude the need for an on-site Witness Test nor follow-up production testing by the Interconnection Customer.

4. If the Certified Interconnection Equipment package includes only interface components (switchgear, inverters, or other interface devices), then an Interconnection Customer must show that the generator or other electric source being utilized with the equipment package is compatible with the equipment package and is consistent with the testing and listing specified for this type of interconnection equipment.

5. Provided the generator or electric source, when combined with the equipment package, is within the range of capabilities for which it was tested by the NRTL, and does not violate the interface components’ labeling and listing performed by the NRTL, no further design review, testing or additional equipment on the customer side of the point of common coupling shall be required to meet the requirements of this interconnection procedure.

6. Interconnection Equipment does not include equipment provided by the Utility.

FORM NO. 2-D

APPENDIX D - SMALL GENERATOR FACILITY CERTIFICATE OF COMPLETION

Installation Information Check if owner-installed Interconnection Customer: Contact Person:

Mailing Address:

Location of Small Generator Facility (if different from above):

Telephone (Daytime): (Evening):

Facsimile Number: E-Mail Address:

Electrician:

Name:

Mailing Address:

Telephone (Daytime): (Evening):

Facsimile Number: E-Mail Address:

License Number:

Date Interconnection Agreement approved by the Utility:

Application ID Number:

Electrical Inspection:

The system has been installed and inspected in compliance with the local Building/Electrical Code of ___ Signed:

Name (printed):

FORM NO. 2-E

APPENDIX E - INTERCONNECTION AGREEMENT (LEVEL 1)

This Agreement is made and entered into this _______ day of ____________, ________, by and between ____________________________________________, a __________________________, organized and existing under the laws of the State of ____________________________ (“Interconnection Customer”), and ____________________________________________, a __________________________, existing under the laws of the State of ____________________________ (“Utility”). Interconnection Customer and Utility each may be referred to as a “Party,” or collectively as the “Parties.” Recitals:

Whereas, Interconnection Customer proposes to develop a Small Generator Facility, or generating capacity addition to an existing Small Generator Facility, consistent with the Interconnection Request completed by Interconnection Customer on _____________________________________________; and Whereas, Interconnection Customer desires to interconnect the Small Generator Facility with Utility’s Electric Distribution System.

Now, therefore, in consideration of and subject to the mutual covenants contained herein, the Parties agree as follows:

1. Construction of the Small Generator Facility. The Interconnection Customer may proceed to construct (including operational testing not to exceed two (2) hours) the Small Generator Facility once conditional approval to interconnect a Small Generator Facility has been provided by the Utility.

2. Final Interconnection and Operation. The Interconnection Customer may operate the Small Generator Facility and interconnect with the Utility’s Electric Distribution System once all of the following have occurred:

a) Electrical Inspection: Upon completing construction, the Interconnection Customer will cause the Small Generator Facility to be inspected by the local electrical wiring inspector with jurisdiction.

b) Certificate of Completion: The Interconnecting Customer returns the Certificate of Completion to the Utility at address noted.

c) Utility has either waived the right to a Witness Test in the Interconnection Request, or completed its Witness Test as per the following:

i) Utility Right of Inspection. Within ten (10) business days after receipt of the Certificate of Completion, the Utility may, upon reasonable notice and at a mutually convenient time, conduct a Witness Test of the Small Generator Facility to ensure that all equipment has been appropriately installed and that all electrical connections have been made in accordance with applicable codes.

ii) If the Utility does not perform the Witness Test within ten (10) business days or by mutual agreement of the Parties, the Witness Test is deemed waived.

d) Suitable Utility metering equipment required under applicable tariffs must be installed and tested in accordance with applicable ANSI standards.

3. Periodic Testing. All interconnection-related protective functions and associated batteries shall be periodically tested at intervals specified by the manufacturer, system integrator, or authority having jurisdiction over the DR interconnection. Periodic test reports or a log for inspection shall be maintained in accordance with the provisions of IEEE 1547.

4. Access. The Utility shall have access to the disconnect switch and metering equipment of the Small Generator Facility at all times. The Utility shall provide reasonable notice to the customer when possible prior to using its right of access.

5. Disconnection. The Utility may temporarily disconnect the Small Generator Facility upon the following conditions:

a) For scheduled outages upon reasonable notice;

b) For unscheduled outages or emergency conditions;

c) If the Small Generator Facility does not operate in the manner consistent with this Agreement;

d) In the event of improper installation or failure to pass the Witness Test; or e) The Interconnection Equipment used by the Small Generator Facility is de-listed by the Nationally Recognized Testing Laboratory that provided the listing at the time the interconnection was approved and the Utility shows that the Interconnection Equipment has the potential to cause a safety, reliability or a power quality problem.

6. Termination. This Agreement may be terminated under the following conditions:

a) By Interconnection Customer. The Interconnection Customer may terminate this Agreement by providing written notice to the Utility.

b) By the Utility. The Utility may terminate this Agreement (1) if the Small Generator Facility fails to operate for any consecutive twelve-month (12-month) period, or (2) the Customer fails to remedy a violation of terms of this Agreement.

7. Permanent Disconnection. In the event the Agreement is terminated, the Utility shall have the right to disconnect its facilities or direct the Customer to disconnect its Small Generator Facility.

8. Disputes. Each Party agrees to attempt to resolve all disputes regarding the provisions of the interconnection procedures promptly, equitably and in a good faith manner.

9. Governing Law, Regulatory Authority, and Rules. The validity, interpretation and enforcement of this Agreement and each of its provisions shall be governed by the laws of the State of West Virginia, without regard to its conflicts of law principles. This Agreement is subject to all Applicable Laws and Regulations. Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest any laws, orders, or regulations of a Governmental Authority.

10. Survival Rights. This Agreement shall continue in effect after termination to the extent necessary to allow or require either Party to fulfill rights or obligations that arose under the Agreement.

11. Assignment/Transfer of Ownership of the Small Generator Facility. This Agreement shall survive the transfer of ownership of the Small Generator Facility to a new owner when the new owner agrees in writing to comply with the terms of this Agreement and so notifies the Utility.

12. Insurance. The Interconnection Customer with a Small Generator Facility with an Electric Nameplate Capacity of 25 kW or less shall be required to maintain general liability insurance in the amount of one hundred thousand dollars ($100,000) under the terms of this Agreement.

13. Notice. Unless otherwise provided in this Agreement, any written notice, demand, or request required or authorized in connection with this Agreement (“Notice”) shall be deemed properly given if delivered in person, delivered by recognized national courier service, or sent by first class mail, postage prepaid, to the person specified below:

If to Interconnection Customer:

Interconnection Customer:

Phone: Facsimile:

If to Utility:

Utility:

Phone: Facsimile:

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized representatives.

For Utility:

Signature:

Printed Name:

Title:

For the Interconnection Customer:

Signature:

Printed Name:

Title:

FORM NO. 2-F

APPENDIX F - INTERCONNECTION AGREEMENT (LEVEL 2)

This Agreement is made and entered into this _______ day of ____________, ________, by and between ____________________________________________, a __________________________, organized and existing under the laws of the State of ____________________________ (“Interconnection Customer”), and ____________________________________________, a __________________________, existing under the laws of the State of ____________________________ (“Utility”). Interconnection Customer and Utility each may be referred to as a “Party,” or collectively as the “Parties.” Recitals:

Whereas, Interconnection Customer is proposing to develop a Small Generator Facility, or generating capacity addition to an existing Small Generator Facility, consistent with the Interconnection Request completed by Interconnection Customer on _______________________________; and Whereas, Interconnection Customer desires to interconnect the Small Generator Facility with Utility’s Electric Distribution System.

Now, therefore, in consideration of and subject to the mutual covenants contained herein, the Parties agree as follows:

Article 1. Scope and Limitations of Agreement.

1.1. This Agreement shall be used for all approved Level 2 Interconnection Requests according to the procedures set forth in the Standard Small Generator Interconnection Procedures.

1.2. This Agreement governs the terms and conditions under which the Small Generator Facility will interconnect to, and operate in Parallel with, Utility’s Electric Distribution System.

1.3. This Agreement does not constitute an agreement to purchase or deliver the Interconnection Customer’s power.

1.4. Nothing in this Agreement is intended to affect any other agreement between Utility and the Interconnection Customer. However, in the event that the provisions of this Agreement are in conflict with the provisions of other Utility tariffs, the Utility tariff shall control.

1.5. Responsibilities of the Parties.

1.5.1. The Parties shall perform all obligations of this Agreement in accordance with all Applicable Laws and Regulations, Codes and Standards, Operating Requirements, and Good Utility Practice.

1.5.2. The Interconnection Customer shall construct, interconnect, operate and maintain its Small Generator Facility, and construct, operate, and maintain its Interconnection Equipment in accordance with the applicable manufacturer’s recommended maintenance schedule, in accordance with this Agreement, and with Good Utility Practice.

1.5.3. Utility shall construct, own, operate, and maintain its Electric Distribution System and Interconnection Facilities in accordance with this Agreement, and with Good Utility Practice.

1.5.4. The Interconnection Customer agrees to construct its facilities or systems in accordance with applicable specifications that meet or exceed those provided by PJM’s Small Generator Technical Requirements and Standards, the National Electrical Code, National Electrical Safety Code, the American National Standards Institute, IEEE, Underwriters Laboratories, any Operating Requirements in effect at the time of construction, and other applicable national and State codes and standards. The Interconnection Customer agrees to design, install, maintain, and operate its Small Generator Facility so as to reasonably minimize the likelihood of a disturbance adversely affecting or impairing the Electric Distribution System or equipment of the Utility.

1.5.5. Each Party shall operate, maintain, repair, and inspect, and shall be fully responsible for the facilities that it now owns or subsequently may own unless otherwise specified in the Attachments to this Agreement. Each Party shall be responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the Point of Interconnection.

1.6. Parallel Operation Obligations. Once the Small Generator Facility has been authorized to commence parallel operation, the Interconnection Customer shall abide by all written rules and procedures developed by the Utility which pertain to the Parallel operation of the Small Generator Facility, copies of which are provided in Attachment to this Agreement.

1.7. Metering. The Interconnection Customer shall not be responsible for the cost of the purchase, installation, operation, maintenance, testing, repair, and replacement of metering and data acquisition equipment unless obligations consistent with the Rules of the Public Service Commission of West Virginia are specified in Attachments to this Agreement.

1.8. Reactive Power. The Interconnection Customer shall design its Small Generator Facility to maintain a composite power delivery at continuous rated power output at the Point of Common Coupling at a power factor within the range of 0.95 leading to 0.95 lagging. Utility may also require the Interconnection Customer to follow a voltage or VAR schedule applicable to similarly situated generators in the control area on a comparable basis and which shall be clearly specified in the Attached Utility procedures. Under no circumstance shall these additional requirements for reactive power support exceed the normal operating capabilities of the Small Generator Facility.

1.9. Capitalized Terms. Capitalized terms used herein shall have the meanings specified in the Interconnections Standards or the body of this Agreement.

Article 2. Inspection, Testing, Authorization, and Right of Access.

2.1. Equipment Testing and Inspection. The Interconnection Customer shall test and inspect its Small Generator Facility and Interconnection Facilities prior to interconnection, and in accordance with the PJM Small Generator Technical Requirements and Standards. The Interconnection Customer shall not operate its Small Generator Facility in Parallel with Utility’s Electric Distribution System without prior written authorization by the Utility as provided for in 2.1.1.

2.1.1. Prior to Parallel Operation, the Interconnection Customer shall provide the Utility a completed Certificate of Completion. Within ten (10) business days after receipt of the Certificate of Completion, the Utility may conduct a Witness Test. The Witness Test shall be conducted only upon reasonable notice and at a mutually convenient time within the ten-day (10-day) period. If the Utility does not conduct the Witness Test within ten (10) business days or within the time otherwise mutually agreed to by the Parties, the Witness Test is deemed waived. If the Witness Test is successful or alternatively if the Witness Test is waived, the Utility shall affix an authorized signature to the Certificate of Completion and return it to the Interconnection Customer approving the interconnection and authorizing Parallel Operation. Such authorization shall not be unreasonably withheld, conditioned, or delayed.

2.1.2. If the Witness Test is not successful, the Utility shall have the right to disconnect the Small Generator Facility until such time as changes are made to address the deficiencies identified in the Witness Test and another Witness Test can be scheduled.

2.1.3. To the extent that the Interconnection Customer decides to conduct interim testing of the Small Generator Facility prior to the Witness Test, it may request that the Utility observe these tests and that these tests be deleted from the final Witness Test. The Utility may, at its own expense, send qualified personnel to the Small Generator Facility to observe such interim testing.

2.2. Right of Access. The Utility shall have access to the disconnect switch and metering equipment of the Small Generator Facility at all times. The Utility shall provide reasonable notice to the customer when possible prior to using its right of access.

Article 3. Effective Date, Term, Termination, and Disconnection.

3.1. Effective Date. This Agreement shall become effective upon execution by the Parties.

3.2. Term of Agreement. This Agreement shall become effective on the Effective Date and shall remain in effect for a period of ten (10) years from the Effective Date or such other longer period as the Interconnection Customer may request and shall be automatically renewed for each successive one-year period thereafter, unless terminated earlier in accordance with Article 3.3 of this Agreement.

3.3. Termination. No termination shall become effective until the Parties have complied with all Applicable Laws and Regulations applicable to such termination.

3.3.1. The Interconnection Customer may terminate this Agreement at any time by giving the Utility twenty (20) business days written notice.

3.3.2. Either Party may terminate this Agreement after Default pursuant to Article 6.6.

3.3.3. Upon termination of this Agreement, the Small Generator Facility will be disconnected from the Utility’s Electric Distribution System. The termination of this Agreement shall not relieve either Party of its liabilities and obligations owed or continuing at the time of the termination.

3.3.4. The provisions of this Article shall survive termination or expiration of this Agreement.

3.4. Temporary Disconnection. The Utility may temporarily disconnect the Small Generator Facility from its Electric Distribution System for so long as reasonably necessary in the event one or more of the following conditions or events occurs:

3.4.1. Emergency Conditions. “Emergency Condition” shall mean a condition or situation: (1) that in the judgment of the Party making the claim is imminently likely to endanger life or property; or (2) that, in the case of the Utility, is imminently likely (as determined in a non-discriminatory manner) to cause a material adverse effect on the security of, or damage to, the Electric Distribution System, the Utility’s Interconnection Facilities or (3) that, in the case of the Interconnection Customer, is imminently likely (as determined in a non-discriminatory manner) to cause a material adverse effect on the security of, or damage to, the Small Generator Facility or the Interconnection Equipment. Under Emergency Conditions, the Utility or the Interconnection Customer may immediately suspend interconnection service and temporarily disconnect the Small Generator Facility. The Utility shall notify the Interconnection Customer promptly when it becomes aware of an Emergency Condition that may reasonably be expected to affect the Interconnection Customer’s operation of the Small Generator Facility. The Interconnection Customer shall notify the Utility promptly when it becomes aware of an Emergency Condition that may reasonably be expected to affect Utility’s Electric Distribution System. To the extent information is known, the notification shall describe the Emergency Condition, the extent of the damage or deficiency, the expected effect on the operation of both Parties’ facilities and operations, its anticipated duration, and the necessary corrective action.

3.4.2. Routine Maintenance, Construction, and Repair. The Utility may interrupt interconnection service or curtail the output of the Small Generator Facility and temporarily disconnect the Small Generator Facility from the Utility’s Electric Distribution System when necessary for routine maintenance, construction, and repairs on the Electric Distribution System. The Utility shall provide the Interconnection Customer with five (5) business days notice prior to such interruption. The Utility shall use reasonable efforts to coordinate such reduction or temporary disconnection with the Interconnection Customer.

3.4.3. Forced Outages. During any forced outage, the Utility may suspend interconnection service to effect immediate repairs on the Utility’s Electric Distribution System. The Utility shall use reasonable efforts to provide the Interconnection Customer with prior notice. If prior notice is not given, the Utility shall, upon request, provide the Interconnection Customer written documentation after the fact explaining the circumstances of the disconnection.

3.4.4. Adverse Operating Effects. The Utility shall provide the Interconnection Customer with a written notice of its intention to disconnect the Small Generator Facility if, based on Good Utility Practice, the Utility determines that operation of the Small Generator Facility will likely cause disruption or deterioration of service to other customers served from the same electric system, or if operating the Small Generator Facility could cause damage to the Utility’s Electric Distribution System. Supporting documentation used to reach the decision to disconnect shall be provided to the Interconnection Customer upon request. The Utility may disconnect the Small Generator Facility if, after receipt of the notice, the Interconnection Customer fails to remedy the adverse operating effect within a reasonable time which shall be at least five (5) business days from the date the Interconnection Customer receives the Utility’s written notice supporting the decision to disconnect, unless Emergency Conditions exist, in which case the provisions of Article 3.4.1 apply.

3.4.5. Modification of the Small Generator Facility. The Interconnection Customer must receive written authorization from the Utility before making any change to the Small Generator Facility that may have a material impact on the safety or reliability of the Electric Distribution System. Such authorization shall not be unreasonably withheld. Modifications shall be done in accordance with Good Utility Practice. If the Interconnection Customer makes such modification without the Utility’s prior written authorization, the latter shall have the right to temporarily disconnect the Small Generator Facility.

3.4.6. Reconnection. The Parties shall cooperate with each other to restore the Small Generator Facility, Interconnection Facilities, and Utility’s Electric Distribution System to their normal operating state as soon as reasonably practicable following a temporary disconnection.

Article 4. Cost Responsibility for Interconnection Facilities and Distribution Upgrades.

4.1. Interconnection Facilities.

4.1.1. The Interconnection Customer shall be responsible for its share of all reasonable expenses, including overheads, associated with (1) owning, operating, maintaining, repairing, and replacing its Interconnection Equipment, and (2) operating, maintaining, repairing, and replacing the Utility’s Interconnection Facilities.

4.2. Distribution Upgrades. The Utility shall design, procure, construct, install, and own any Distribution Upgrades. The actual cost of the Distribution Upgrades, including overheads, shall be directly assigned to the Interconnection Customer.

Article 5. Billing, Payment, Milestones, and Financial Security.

5.1. Billing and Payment Procedures and Final Accounting.

5.1.l. The Utility shall bill the Interconnection Customer for the design, engineering, construction, and procurement costs of Utility-provided Interconnection Facilities and Distribution Upgrades contemplated by this Agreement on a monthly basis, or as otherwise agreed by the Parties. The Interconnection Customer shall pay each bill within thirty (30) calendar days of receipt, or as otherwise agreed to by the Parties.

5.1.2. Within ninety (90) calendar days of completing the construction and installation of the Utility’s Interconnection Facilities and Distribution Upgrades to this Agreement, the Utility shall provide the Interconnection Customer with a final accounting report of any difference between (1) the actual cost incurred to complete the construction and installation and the budget estimate provided to the Interconnection Customer and a written explanation for any significant variation, and (2) the Interconnection Customer’s previous deposit and aggregate payments to the Utility for such Interconnection Facilities and Distribution Upgrades. If the Interconnection Customer’s cost responsibility exceeds its previous deposit and aggregate payments, the Utility shall invoice the Interconnection Customer for the amount due and the Interconnection Customer shall make payment to the Utility within thirty (30) calendar days. If the Interconnection Customer’s previous deposit and aggregate payments exceed its cost responsibility under this Agreement, the Utility shall refund to the Interconnection Customer an amount equal to the difference within thirty (30) calendar days of the final accounting report.

5.2. Interconnection Customer Deposit. At least twenty (20) business days prior to the commencement of the design, procurement, installation, or construction of a discrete portion of the Utility’s Interconnection Facilities and Distribution Upgrades, the Interconnection Customer shall provide the Utility with a deposit equal to fifty percent (50%) of the cost estimated for its Interconnection Facilities prior to its beginning design of such facilities.

Article 6. Assignment, Liability, Indemnity, Force Majeure, Consequential Damages, and Default.

6.1. Assignment. This Agreement may be assigned by either Party upon fifteen (15) business days prior written notice, and with the opportunity to object by the other Party. When required, consent to assignment shall not be unreasonably withheld; provided that:

6.1.1. Either Party may assign this Agreement without the consent of the other Party to any affiliate of the assigning Party with an equal or greater credit rating and with the legal authority and operational ability to satisfy the obligations of the assigning Party under this Agreement;

6.1.2. The Interconnection Customer shall have the right to assign this Agreement, without the consent of the Utility, for collateral security purposes to aid in providing financing for the Small Generator Facility.

6.1.3. For a Small Generator Facility offsetting part or all of the load of a Utility customer at a given site, that customer is the Interconnection Customer and that customer may assign its Interconnection Agreement to a subsequent occupant of the site. For a Small Generator Facility providing energy directly to a Utility, the Interconnection Customer is the owner of the Generator Facility and may assign its Interconnection Agreement to a subsequent owner of the Generator Facility. Assignment is only effective after the assignee provides written notice of the assignment to the Utility and agrees to accept the Interconnection Customer’s responsibilities under this Interconnection Agreement.

6.1.4. All other assignments shall require the prior written consent of the non-assigning Party, such consent not to be unreasonably withheld.

6.1.5. Any attempted assignment that violates this Article is void and ineffective. Assignment shall not relieve a Party of its obligations, nor shall a Party’s obligations be enlarged, in whole or in part, by reason thereof. An assignee is responsible for meeting the same obligations as the Interconnection Customer.

6.2. Limitation of Liability. Each Party’s liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages, except as specifically authorized by this Agreement.

6.3. Indemnity.

6.3.1. This provision protects each Party from liability incurred to third Parties as a result of carrying out the provisions of this Agreement. Liability under this provision is exempt from the general limitations on liability found in Article 6.2.

6.3.2. Each Party shall at all times indemnify, defend, and hold the other Party harmless from, any and all damages, losses, claims, including claims and actions relating to injury or to death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the indemnified Party’s action or failure to meet its obligations under this Agreement on behalf of the indemnifying Party, except in cases of gross negligence or intentional wrongdoing by the indemnified Party.

6.3.3. If an indemnified Party is entitled to indemnification under this Article as a result of a claim by a third party, the indemnifying Party shall, after reasonable notice from the indemnified Party, assume the deference of such claim. If the indemnifying Party fails, after notice and reasonable opportunity to proceed under this Article, to assume the defense of such claim, the indemnified Party may at the expense of the indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.

6.3.4. If the indemnifying Party is obligated to indemnify and hold the indemnified Party harmless under this Article, the amount owing to the indemnified Party shall be the amount of such indemnified Party’s actual loss, net of any insurance or other recovery.

6.3.5. Promptly after receipt of any claim or notice of the commencement of any action or administrative or legal proceeding or investigation as to which the indemnity provided for in this Article may apply, the indemnified Party shall notify the indemnifying Party of such fact. Any failure of or delay in such notification shall not affect a Party’s indemnification obligation unless such failure or delay is materially prejudicial to the indemnifying Party.

6.4. Consequential Damages. Neither Party shall be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may by liable to the other Party under another agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

6.5. Force Majeure.

6.5.1. As used in this Article, a Force Majeure Event shall mean any act of God, labor disturbance, act of the public enemy, war, acts of terrorism, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure Event does not include an act of negligence or intentional wrongdoing.

6.5.2. If a Force Majeure Event prevents a Party from fulfilling any obligations under this Agreement, the Party affected by the Force Majeure Event (“Affected Party”) shall promptly notify the other Party of the existence of the Force Majeure Event. The notification must specify in reasonable detail the circumstances of the Force Majeure Event, its expected duration, and the steps that the Affected Party is taking to mitigate the effects of the event on its performance, and if the initial notification was verbal, it should be promptly followed up with a written notification. The Affected Party shall keep the other Party informed on a continuing basis of developments relating to the Force Majeure Event until the event ends. The Affected Party will be entitled to suspend or modify its performance of obligations under this Agreement (other than the obligation to make payments) only to the extent that the effect of the Force Majeure Event cannot be reasonably mitigated by the Affected Party. The Affected Party shall use reasonable efforts to resume its performance as soon as possible.

6.6. Default.

6.6.1. Default exists where a Party has materially breached any provision of this Agreement, except that no default shall exist where a failure to discharge an obligation (other than the payment of money) is the result of a Force Majeure Event as defined in this Agreement, or the result of an act or omission of the other Party.

6.6.2. Upon a default, the non-defaulting Party shall give written notice of such default to the defaulting Party. Except as provided in Article 6.6.3, the defaulting Party shall have sixty (60) calendar days from receipt of the default notice within which to cure such default; provided, however, if such default is not capable of cure within sixty (60) calendar days, the defaulting Party shall commence efforts to cure within twenty (20) calendar days after notice and continuously and diligently pursue such cure within six (6) months from receipt of the default notice; and, if cured within such time, the default specified in such notice shall cease to exist.

6.6.3. If a default is not cured as provided in this Article, or if a default is not capable of being cured within the period provided for herein, the non-defaulting Party shall have the right to terminate this Agreement by written notice at any time until cure occurs, and be relieved of any further obligation hereunder and, whether or not that Party terminates this Agreement, to recover from the defaulting Party all amounts due hereunder, plus all other damages and remedies to which it is entitled at law or in equity. The provisions of this Article will survive termination of this Agreement.

Article 7. Insurance.

The Interconnection Customer shall be required to maintain liability coverage under the terms of this Agreement based upon the Electric Nameplate Capacity of the Small Generator Facility as follows:

7.1. The Interconnection Customer with a Small Generator Facility with an Electric Nameplate Capacity up to 50 kW shall maintain general liability insurance in the amount of one hundred thousand dollars ($100,000).

7.2. The Interconnection Customer with a Small Generator Facility with an Electric Nameplate Capacity of greater than 50 kW and up to 500 kW shall maintain general liability insurance in the amount of five hundred thousand dollars ($500,000).

7.3. The Interconnection Customer with a Small Generator Facility with an Electric Nameplate Capacity of greater than 500 kW shall maintain general liability insurance in the amount of one million dollars ($1,000,000).

Article 8. Dispute Resolution.

Each Party agrees to attempt to resolve all disputes regarding the provisions of these interconnection procedures promptly, equitably and in a good faith manner.

Article 9. Miscellaneous.

9.1. Governing Law, Regulatory Authority, and Rules. The validity, interpretation and enforcement of this Agreement and each of its provisions shall be governed by the laws of the State of West Virginia, without regard to its conflicts of law principles. This Agreement is subject to all Applicable Laws and Regulations. Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest any laws, orders, or regulations of a Governmental Authority.

9.2. Amendment. The Parties may amend this Agreement by a written instrument duly executed by both Parties.

9.3. No Third-party Beneficiaries. This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties, their successors in interest and where permitted, their assigns.

9.4. Waiver.

9.4.1. The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered a waiver of any obligation, right, or duty of, or imposed upon, such Party.

9.4.2. Any waiver at any time by either Party of its rights with respect to this Agreement shall not be deemed a continuing waiver or a waiver with respect to any other failure to comply with any other obligation, right, or duty of this Agreement. Termination or default of this Agreement for any reason by Interconnection Customer shall not constitute a waiver of the Interconnection Customer’s legal rights to obtain an interconnection from Utility. Any waiver of this Agreement shall, if requested, be provided in writing.

9.5. Entire Agreement. This Agreement, including all Attachments, constitutes the entire Agreement between the Parties with reference to the subject matter hereof, and supersedes all prior and contemporaneous understandings or agreements, oral or written, between the Parties with respect to the subject matter of this Agreement. There are no other agreements, representations, warranties, or covenants which constitute any part of the consideration for, or any condition to, either Party’s compliance with its obligations under this Agreement.

9.6. Multiple Counterparts. This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument.

9.7. No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon either Party. Neither Party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party.

9.8. Severability. If any provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction or other Governmental Authority, (1) such portion or provision shall be deemed separate and independent, (2) the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling, and (3) the remainder of this Agreement shall remain in full force and effect.

9.9. Environmental Releases. Each Party shall notify the other Party, first orally and then in writing, of the release of any hazardous substances, any asbestos or lead abatement activities, or any type of remediation activities related to the Small Generator Facility or the Interconnection Facilities, each of which may reasonably be expected to affect the other Party. The notifying Party shall (1) provide the notice as soon as practicable, provided such Party makes a good faith effort to provide the notice no later than twenty-four (24) hours after such Party becomes aware of the occurrence, and (2) promptly furnish to the other Party copies of any publicly available reports filed with any Governmental Authorities addressing such events.

9.10. Subcontractors. Nothing in this Agreement shall prevent a Party from utilizing the services of any subcontractor as it deems appropriate to perform its obligations under this Agreement; provided, however, that each Party shall require its subcontractors to comply with all applicable terms and conditions of this Agreement in providing such services and each Party shall remain primarily liable to the other Party for the performance of such subcontractor.

9.10.1. The creation of any subcontract relationship shall not relieve the hiring Party of any of its obligations under this Agreement. The hiring Party shall be fully responsible to the other Party for the acts or omissions of any subcontractor the hiring Party hires as if no subcontract had been made; provided, however, that in no event shall the Utility be liable for the actions or inactions of the Interconnection Customer or its subcontractors with respect to obligations of the Interconnection Customer under this Agreement. Any applicable obligation imposed by this Agreement upon the hiring Party shall be equally binding upon, and shall be construed as having application to, any subcontractor of such Party.

9.10.2. The obligations under this Article will not be limited in any way by any limitation of subcontractor’s insurance.

Article 10. Notices.

10.1. General. Unless otherwise provided in this Agreement, any written notice, demand, or request required or authorized in connection with this Agreement (“Notice”) shall be deemed properly given if delivered in person, delivered by recognized national courier service, or sent by first class mail, postage prepaid, to the person specified below:

If to Interconnection Customer:

Interconnection Customer:

Phone: Fax: E-Mail:

If to Utility:

Utility:

Phone: Fax: E-Mail:

10.2. Billing and Payment. Billings and payments shall be sent to the addresses set out below:

Interconnection Customer:

Utility:

10.3. Designated Operating Representative. The Parties may also designate operating representatives to conduct the communications which may be necessary or convenient for the administration of this Agreement. This person will also serve as the point of contact with respect to operations and maintenance of the Party’s facilities.

Interconnection Customer’s Operating Representative:

Phone: Fax: E-Mail:

Utility’s Operating Representative:

Phone: Fax: E-Mail:

10.4. Changes to the Notice Information. Either Party may change this notice information by giving five (5) business days written notice prior to the effective date of the change.

Article 11. Signatures.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly-authorized representatives.

For Utility:

Signature:

Printed Name:

Title:

For the Interconnection Customer:

Signature:

Printed Name:

Title:

FORM NO. 2-G

APPENDIX G - RELEVANT CODES AND STANDARDS

IEEE 1547 Standard for Interconnecting Distributed Resources with Electric Power Systems (including use of IEEE 1547.1 testing protocols to establish conformity)

UL 1741 Inverters, Converters, and Controllers for Use in Independent Power Systems IEEE Std 929-2000 IEEE Recommended Practice for Utility Interface of Photovoltaic (PV) Systems NFPA 70 National Electrical Code IEEE Std C37.90.1-1989 (R1944) IEEE Standard Surge Withstand Capability (SWC) Tests for Protective Relays and Relay Systems IEEE Std C37.90.2 (1995) IEEE Standard Withstand Capability of Relay Systems to Radiated Electromagnetic Interference from Transceivers IEEE Std C37.108-1989 (R2002) IEEE Guide for the Protection of Network Transformers IEEE Std C257.12.44-2000, IEEE Standard Requirements for Secondary Network Protectors IEEE Std C62.41.2-2002, IEEE Recommended Practice on Characterization of Surges in Low Voltage (1000V and Less) AC Power Circuits IEEE Std C62.45-1992 (R2002) IEEE Recommended Practice on Surge Testing for Equipment Connected to Low-Voltage (1000V and Less) Power Circuits ANSI C84.1-1995 Electric Power Systems and Equipment - Voltage Ratings (60 Hertz)

IEEE Std 100-2000, IEEE Standard Dictionary of Electrical and Electronic NEMA MG 1-1998, Motors and Small Resources, Revision 3 IEEE Std 519-1992, IEEE Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems NEMA MG 1-2003 (Rev 2004), Motors and Generators, Revision 1 Form No. 2 Page 11 of 11 Form No. 2-A Page 1 of 1 D-2 A-1 Form No. 2-B Page 3 of 3 B-3 Form No. 2-C Page 1 of 1 C-1 Form No. 2-D Page 2 of 2 D-2 Form No. 2-E Page 4 of 4 E-4 Form No. 2-F Page 12 of 12 F-12 Form No. 2-G Page 1 of 1 G-1

Series 35 Rules Governing Innovative, Alternative Sewer Systems

W. Va. Code R. § 150-35-1 General

1.1. Scope. -- These rules govern the operation and service of Innovative, Alternative Sewage Disposal Service systems subject to the jurisdiction of the Public Service Commission pursuant to W. Va. Code §24-2-1.

1.2. Authority. -- W. Va. Code §§24-1-1, 24-1-7, 24-2-1, 24-2-2, 24-2-5, 24-2-7, 24-2-8, 24-2-9, 24-3-2, 24-3-5, 16-13A-2, 16-13A-9, and 8-18-23.

1.3. Filing Date. -- November 22, 2011.

1.4. Effective Date. -- January 23, 2012.

1.5. General.

1.5.a. These Rules for the Government of Innovative, Alternative Sewer Systems, 150CSR35 (Innovative, Alternative Sewer System Rules), supplement the current Commission Rules for the Government of Sewer Utilities, 150CSR5 (Sewer Rules). Whenever there is any conflict between the Sewer Rules and the Innovative, Alternative Sewer System Rules for matters relating to Innovative, Alternative Sewage Disposal Service systems, the more specific provisions of the Innovative, Alternative Sewer System Rules, 150CSR35, shall apply. For matters relating to Innovative, Alternative Sewage Disposal Service systems that are not addressed in the Innovative, Alternative Sewer System Rules, the provisions in the Sewer Rules shall apply.

1.5.b. These rules are intended to insure adequate service to the public via Innovative, Alternative Sewer Disposal Service systems, to provide standards for uniform and fair charges and requirements by the utilities and their customers, and to establish the rights and responsibilities of both utilities and customers.

1.5.c. The adoption of these rules in no way precludes the Commission from altering or amending them in whole or in part, or from requiring any other or additional service, equipment, facility or standard, either upon complaint or upon its own motion, or upon the application of any utility.

1.5.d. These rules will not relieve in any way a utility from any of its duties under the laws of this State.

1.6. Application of rules.

1.6.a. These rules apply to all public utilities as defined in Sewer Rule 1.7, 150CSR5-1.7.

1.6.b. If hardship results from the application of any Innovative, Alternative Sewer System Rule or if unusual difficulty is involved in immediately complying with any Innovative, Alternative Sewer System Rule, application may be made to the Commission for the modification of the rule or for temporary or permanent exemption from its provisions. Provided, that no application for modification or exemption will be considered by the Commission unless there is submitted therewith a full and complete justification for such action.

1.7. Definitions.

1.7.a. “Available Innovative, Alternative Sewage Disposal Service” -- the utility, private or public, has installed and/or agreed to maintain such systems for a fee based on metered water usage when available or a flat rate.

1.7.b. “Cluster” -- a small group of customers located in a remote area served by a single Innovative, Alternative sewage disposal system.

1.7.c. “Innovative, Alternative Sewage Disposal Service” -- a system that relies on underground dispersal of treated wastes, small media based treatment facilities receiving effluent from customers and discharging treated effluent to either streams or to underground dispersal areas, home aeration units, individual onsite septic systems installed and/or maintained by a sewer utility and other non-traditional technologies designed to meet the wastewater treatment needs of customers in remote areas where large public sewer facilities are not available. Innovative, Alternative Sewage Disposal Service may be provided to an individual customer or a cluster. Relating to the application or interpretation of the Innovative, Alternative Sewer System Rules, the terms “Innovative”, “Alternative” and “Innovative, Alternative” may be used interchangeably.

1.7.d. “User Agreement” -- a written agreement between the sewer utility and the customer who receives Alternative, Innovative Sewage Disposal Service from the sewer utility.

W. Va. Code R. § 150-35-2 Maps and records

2.1. Entire layout required. -- In addition to the requirements of Sewer Rule 2.6, 150CSR5-2.6, each utility shall keep on file suitable maps, plans, and records showing the entire layout, with the location, size and capacity of each Innovative, Alternative treatment facility, septic tank, underground dispersal area, reserve or set-aside installation area used to provide Innovative, Alternative Sewage Disposal Service.

2.2. Electronic and paper copies required. -- Because of the unique nature of Innovative, Alternative Sewer Disposal Service and to maintain the currency of the system mapping, the sewer utility shall be required to submit to the Commission as-built electronic data files for all projects, in addition to the paper copies. To comply with this requirement, the sewer utility may provide the Commission with materials that the sewer utility receives from the project designer. The electronic file must be submitted with the original reproducible drawing when the project is substantially complete. A digital representation of all structures, gravity sewers, force main sewers, septic tanks, drain fields, treatment facilities and parcels where ownership or rights of way are acquired shall be delivered in .pdf format and use the appropriate North American datum (NAD) as specified by the utility.

2.3. Specific information requirements. -- The following information shall be submitted to the Commission on a computer disk in .pdf format. Each type of Innovative, Alternative sewer infrastructure shall be included. All gravity sewer lines are to begin and terminate at each manhole, all force main sewers shall include clean outs appropriately spaced, and all septic tanks shall be clearly identified as to type, age and size.

2.3.a. Roads (street names)

2.3.b. Buildings and other structures

2.3.c. Property lines

2.3.d. Sanitary sewer details, including

2.3.d.1. Manholes

2.3.d.2. Gravity sewer lines and force mains

2.3.d.3. Laterals and clean outs

2.3.d.4. Valves, plugs, and pump stations

2.3.d.5. Septic tanks and drain fields

2.3.d.6. Service lines and tap locations

2.3.e. Water system details, including those being constructed by the sewer utility

2.3.e.1. Water mains

2.3.e.2. Service lines between the main and the meter

2.3.e.3. Water valves

2.3.e.4. Fire hydrants and hydrant valves

2.3.e.5. Water meters

2.3.e.6. Air release valves

2.3.e.7. Blow-offs and plugs

2.3.e.8. Wells

2.3.f. Easements

2.3.g. Other underground utilities The requirements of this rule to file information in .pdf format shall not preclude Commission Staff from requesting data in other formats.

2.4. Pre-requisite for initiation of service. -- All designs, location information and installation certifications shall be submitted to the Commission prior to initiation of Innovative, Alternative Sewage Disposal Service.

W. Va. Code R. § 150-35-3 Reserve account

3.1. Pre-funding requirement. -- All sewer utilities that do not provide sewer service on the effective date of these Rules and seek to provide Innovative, Alternative Sewage Disposal Service shall provide to the Commission in the certificate of public convenience filing to construct and operate such a system evidence of the pre-funding of a reserve account equal to six (6) months of revenue for each customer to be served by the Innovative, Alternative Sewage Disposal Service. Such reserve must be segregated and maintained separately from other funds of the utility. The requirement for a reserve account, or the exemption for active utilities already providing sewer service, may be waived or modified by the Commission for good cause.

3.2. Separate accounting. -- Any utility required to establish a pre-funding reserve account will keep a separate subsidiary ledger of the revenues and expenses incurred in providing Innovative, Alternative Sewage Disposal Service.

3.3. Access to reserve account. -- The reserve account may be accessed to provide revenue to the sewer utility in the event that the revenues collected from customers receiving Innovative, Alternative Sewage Disposal Service are less than the projected incremental revenue levels approved by the Commission.

3.4. Commission review. -- The Commission shall review the activity in the reserve account in the context of the filing of a rate case by the utility or upon motion of the Commission. If the account falls below the six-month (6 month) required revenue requirement level at the end of any year, the Commission may consider the use of a surcharge or other means to restore the reserve account to the six-month (6 month) revenue requirement level.

W. Va. Code R. § 150-35-4 Billing

4.1. Calculating the bill. -- All bills for Innovative, Alternative Sewer Disposal Service shall state whether the charge is based upon quantities of water consumed at the premises, flat rate or other basis.

4.2. No public water. -- When public water is not available to the customer, the sewer utility may issue a flat rate bill or install a water meter on the customer’s water well or water supply system to the premises being served and issue a bill based upon quantities of water consumed.

4.2.a. If the utility elects to install a water meter, it must first acquire rights of way from the customer that allow the utility to access the metering equipment and inspect the customer facilities. The rights of way shall be recorded in the real property records at the Court House in the County in which the customer property is located.

4.2.b. Any water meter installed by the sewer utility pursuant to this rule shall be subject to the calibration requirement in the Commission Rules for the Government of Water Utilities, 150CSR7. The meter shall be calibrated and maintained by the utility.

4.3. Public service district and municipal sewer utility customers who do not connect. -- Customers of public service sewer districts and municipal sewer utilities who are not connected to Available Innovative, Alternative Sewage Disposal Service after appropriate notice has been given shall be billed based on actual water consumption or the average monthly water consumption based upon the owner’s, tenant’s, or occupant’s specific customer class.

W. Va. Code R. § 150-35-5 Notice of availability of Innovative, Alternative Sewage Disposal Service

5.1. Public service districts and municipal sewer utilities.

5.1.a. Publication and personal service required, generally. -- When Innovative, Alternative Sewage Disposal Service is made available to customers in an area that has not previously been served by the municipal sewer utility or public service district, the municipal sewer utility or public service district shall publish a notice in a newspaper of general circulation in the area affected and provide notice by personal service to customers in the area affected.

5.1.b. When publication is not required. -- Publication is not required when Innovative, Alternative Sewage Disposal Service is extended to a single customer at the customer’s request.

5.1.c. Notice by publication. -- The municipal sewer utility or public service district shall publish notice of the availability of Innovative, Alternative Sewage Disposal Service once a week for two consecutive weeks, with the second notice being published at least thirty (30) days prior to the date that the municipal sewer utility or public service district intends to begin billing for services.

5.1.d. Notice by personal service. -- The municipal sewer utility or public service district shall provide notice to all potential customers either by certified mail, return receipt requested, by personal service with signed and dated receipt, or by posting a notice on the premises. If the premises to be served is not inhabited by the owner, notice shall be given to the owner by certified mail, return receipt requested, in addition to giving notice to the inhabitant of the premises. In the event that the municipal sewer utility or public service district is not able to effect personal notice after a good faith effort, or if the municipal sewer utility or public service district believes that the requirements of this section create an undue hardship, the municipal sewer utility or public service district may petition the Commission for a waiver of the requirements to provide personal notice.

5.1.e. Notice requirements. -- Both the published and personal notice shall state, at a minimum, the following information:

5.1.e.1. that sewer services are available

5.1.e.2. the date that the municipal sewer utility or public service district will begin billing for sewer services

5.1.e.3. the municipal sewer utility’s or public service district’s rates

5.1.e.4. that the municipal sewer utility may petition the circuit court to compel connection to the sewer system, or that W. Va. Code §16-13A-9 authorizes the public service district to petition the circuit court to compel connection to the sewer system

5.1.e.5. the location and telephone number of the municipal sewer utility’s or the public service district’s business office

5.1.e.6. the amount of the bill to be rendered by the municipal sewer utility or by the public service district as provided by W. Va. Code §16-13A-9, in the event a customer does not connect to the system.

5.2. Utilities other than public service districts and municipal sewer utilities. -- All of the publication and personal service provisions set forth above apply, except that the publication and personal notice shall not state that the sewer utility may petition the circuit court to compel connection to the sewer system.

W. Va. Code R. § 150-35-6 Customer User Agreement and educational outreach

6.1. User Agreement required. -- Any provider of Innovative, Alternative Sewage Disposal Service shall require all new customers to sign a User Agreement accepting for at least 10 years the type of Innovative, Alternative Sewage Disposal Service to be provided and the method by which billing will occur. If the facilities include on-site treatment of effluent, the User Agreement shall define all of the requirements and responsibilities of the customer with the appropriate charges noted. The User Agreement shall be recorded in the real property records at the Court House in the County in which the customer property is located.

6.2. Educational outreach required. -- Any provider of Innovative, Alternative Sewage Disposal Service that files a certificate of public convenience and necessity application for facilities to provide such service must submit a customer education and outreach plan as a part of the certificate application.

6.3. Customer education and outreach plan requirements. -- The customer education and outreach plan must include, at least, the following:

6.3.a. If septic tanks are a component of the collection and treatment system, an outlined method for disseminating information regarding septic system maintenance, prohibited waste stream discharges and customer responsibilities. The plan should clearly define the charges that the sewer utility will assess if a customer fails to follow the tank maintenance requirements. The plan also should clearly delineate septic tank ownership and maintenance responsibilities (including regular pumping of tanks and associated costs) and the replacement schedule. If existing septic tanks are to be incorporated into the new collection and treatment system, and a cost-sharing arrangement is to be implemented for tank and/or onsite system maintenance activities, the education and outreach plan must provide a complete detail of related costs and responsibilities.

6.3.b. The education and outreach plan information shall be presented to the customer when the customer applies for Innovative, Alternative Sewage Disposal Service.

6.3.c. Customer outreach and education will occur thereafter at least every 2 years.

6.3.d. The customer education and outreach plan and all related information must be available at the sewer utility’s business office during normal business hours.

W. Va. Code R. § 150-35-7 Certificate of Public Convenience and Necessity

7.1. Certificate required. -- Any utility or entity that will serve a total of 25 or more customers through Innovative, Alternative Sewage Disposal Service facilities must apply for a certificate of public convenience and necessity for the construction and operation of those facilities. A Class A sewer utility may petition the Commission for a determination of whether a proposed Innovative, Alternative Sewer Disposal Service facility is an ordinary extension of the existing system in the usual course of business.

7.2. Designation of area served. -- Innovative, Alternative Sewage Disposal Service facilities may only be installed in accordance with the certificate approved by the Commission.

W. Va. Code R. § 150-35-8 Installation; Acceptance of facilities; Initiation of service

8.1. Utility service pipe when septic tanks are used. -- For Innovative, Alternative Sewage Disposal Service facilities using septic tanks, the point of service shall be the customer inlet pipe to the septic tank. If the septic tank is located on an adjacent property, the point of service is the customer’s property line with any adjoining customers.

8.2. Standard installation for systems with on-site effluent treatment. -- For Innovative, Alternative Sewage Disposal Service facilities using septic tanks with individual on-site effluent dispersal fields or other on-site effluent treatment technologies, the sewer utility shall adopt standard methods of installation where practicable that meet, as a minimum, all existing West Virginia Bureau for Public Health requirements. Such methods shall be set out with written descriptions and drawings to provide a clear understanding of the requirements, all of which shall be submitted to the Commission. The customer using the on-site system shall also be provided with written information outlining the care of the tank and dispersal field and the charges for violation of those practices.

8.3. Acceptance of facilities. -- Prior to acceptance of any Innovative, Alternative Sewage Disposal System facilities, the sewer utility shall require from its Engineering Department and/or its contracted Engineer or Engineering Inspector a certification stamped with the seal of a Registered Professional Engineer stating that all construction and/or installation requirements per the Engineering drawings have been met and meet any and all current Bureau for Public Health or the Department of Environmental Protection standards that apply to each installation and/or part of the system. The certification shall include record photographs of all valve installations, video records of at least fifty percent (50%) of each size of total pipe length installed prior to burial, video records of all tank installations prior to initiation of service, concrete strength reports, water tightness testing of all tanks and manufacturers and/or vendor certifications that all materials supplied meet all pertinent standards.

8.4. Construction management. -- A designated employee of the sewer utility, a member of the Bureau for Public Health or a contract inspector hired by the utility with at least five years of pertinent utility construction experience shall review and approve all video recordings of the new installation prior to release of any construction payments. The sewer utility may supply a full time inspector to review all construction installations prior to burial to meet the review requirement.

8.5. Approval by the Commission. -- The sewer utility shall file each contract for Commission review and receive approval from the Commission before the sewer utility may take ownership of any Innovative, Alternative Sewage Disposal Service facility.

8.6. Initiation of service. -- Prior to initiation of service of any Innovative, Alternative Sewage Disposal Service facility, the sewer utility shall receive a complete set of as-built drawings in both hard printed copy and fully executable electronic AutoCad files. The utility shall also receive all electronic files from any aerial photography, geologic studies and any other files required to complete the installation.

150CSR35

150CSR35

Series 37 Rules Governing the Occupancy of Customer-Provided Conduit

W. Va. Code R. § 150-37-1 General

1.1. Scope. -- These rules are promulgated to effectuate W. Va. Code §24-2E-3.

1.2. Authority. -- W. Va. Code §§24-2E-3, 24-1-7, 24-2-1 and 24-2-6.

1.3. Filing Date. -- May 8, 2026.

1.4. Effective Date. -- May 8, 2026.

1.5. Sunset provision. This rule shall terminate and have no further force or effect on August l, 2031.

W. Va. Code R. § 150-37-2 Definitions

2.1. “Apparatus” -- The Conduit or Other Underground Construction (but not including the cable) that provides a cable pathway between the Service Provider network and the Customer.

2.2. “Commission” -- The Public Service Commission of West Virginia.

2.3. “Conduit” -- A structure containing one or more cables or one or more Ducts used to house and protect cables.

2.4. “Customer” -- Any person, firm, partnership, corporation, municipality, cooperative, organization, governmental agency, etc., who purchases services from a Service Provider.

2.5. “Customer-Provided Conduit” -- The Conduit either installed by, or on behalf of, a Customer at the Customer's expense on real property either owned, managed or administered by the Customer for purposes of installing wires and cable for the provision of services. The cable inside the Conduit remains under the ownership of the Service Provider until the point of entrance or service point as per the National Electrical Code (NEC).

2.6. “Duct” -- A single enclosed race way placed inside a Conduit for conductors or cable.

2.7. “Intercept” -- The physical components (including Conduit, Duct and fittings) required to insert a cable into an empty or occupied Conduit while maintaining the seal integrity at the Intercept installation point of the Conduit and physical protection of any installed cable.

2.8. “Other Underground Construction” -- Manholes, vaults, Intercepts, universal access facilities, Ducts and any other part or appurtenance of a customer-provided system that is used to provide a cable pathway between the Service Provider network and the Customer.

2.9. “Service Provider” -- A Customer, Telephone Public Utility, Telephone Company or any other entity that occupies, or desires to occupy, Conduit or Other Underground Construction that is used to provide services by a Telephone Public Utility and that has been provided at the Customer's expense.

2.10. “Telephone Company” or “Telephone Public Utility” -- Any provider of telecommunications or data services to the public under the jurisdiction of the Commission.

2.11. “Universal Access Point (UAP)” An access point located at the terminus of the installed Customer-Provided Conduit or Other Underground Construction installed by the Customer or Service Provider to serve as an entry point for multiple Service Providers into the Customer-Provided Conduit.

W. Va. Code R. § 150-37-3 Telephone Conduit Occupancy

3.1. Prohibition and Ownership.

3.1.a. A Telephone Public Utility may not prohibit, either by contract or service tariff, a Customer who has provided Conduit or Other Underground Construction provided at the Customer's expense from using the Conduit or Other Underground Construction for purposes other than services provided by the Telephone Company. A Customer who provides the Conduit or Other Underground Construction is the owner of that Apparatus.

3.1.b. A Telephone Public Utility shall not be permitted to exercise management, oversight or administrative authority relative to access, occupancy or utilization of Customer-Provided Conduit or Other Underground Construction. 3.l.c. A Telephone Public Utility shall not be permitted to reserve space within Customer-Provided Conduit or Other Underground Construction.

3.1.d. Unoccupied Duct space owned by the Customer within Customer-Provided Conduit or Other Underground Construction is presumed available for use by all Telephone Public Utilities or Service Providers with the consent of the Customer.

3.2. Compliance with Standards, Practices, Rules and Orders. 3.2a. A Customer and all occupants of Conduit or other underground Apparatus shall comply with the rules, regulations and orders of the Commission, the National Electrical Safety Code, the National Electrical Code, the Manual of Construction Procedures (The Blue Book), the rules and regulations of the Occupational Safety and Health Administration and any other lawful and applicable laws, rules, regulations and orders.

3.2.b. No Customer, Telephone Public Utility, Telephone Company or other occupant of any Conduit or other underground Apparatus may prohibit, prevent or interfere with the compliance of any person with its obligations under the rules, regulations and orders of this Commission, including without limitation any obligation as a carrier of last resort.

3.2.c. When the use of Customer-Provided Conduit or Other Underground Construction requires the involvement of more than one Service Provider, a Telephone Public Utility shall cooperate with and give its approval, when necessary, for access by other Service Providers. The only acceptable basis for disagreement by a Telephone Public Utility shall be that the proposed joint use (i) will pose a clear and imminent threat to existing facilities or (ii) would constitute a violation of any of the standards, practices, rules and orders which which compliance is required by these rules.

W. Va. Code R. § 150-37-4 General Practices

4.1. Coordination of activities of multiple Service Providers.

When multiple Service Providers are involved, the coordination of their activities should be guided by section 3 of this rule and the general practices of the industry, which include but are not limited to:

4.1.a. Reasonable advance notice shall be provided to affected parties of work in the Customer-Provided Conduit or Other Underground Construction.

4.1.b. After the effective date of these rules, new Intercepts are permitted only in instances when the affected parties agree and where it is not feasible to access the Customer-Provided Conduit or Other Underground Construction at the UAP. The only acceptable basis for disagreement by a Service Provider shall be that the proposed Intercept (i) will pose an imminent threat to the existing facilities or (ii) would constitute a violation of any of the standards, practices, rules and orders with which compliance is required by these rules. 4.l.c. The design of the new Intercept shall follow generic engineering drawings as agreed to by the Customer and will be provided to the affected parties.

4.1.d. Customer-Provided Conduit or Other Underground Construction shall have a Universal Access Point to facilitate the Customer's receipt of service from multiple Service Providers. The UAP shall permit ready access by each user to the Conduit system, and shall minimize interference with, and avoid danger to, other Service Provider facilities. It is desirable that the UAP be provided at the time of the initial installation of the Conduit.

4.1.e. Installation of a Universal Access Point shall provide access for multiple Service Providers to the Customer-Provided Conduit or Other Underground Construction and shall:

4.1.e.1. provide adequate working space to avoid interference with, or damage to, existing installed cables or the Conduit,

4.1.e.2. maintain seal integrity of the Conduit system, and

4.1.e.3. be agreed to by the Customer. 4.l.f. It is desirable in the future that the UAP be supplied and installed by the Customer as part of the general installation of the Customer-Provided Conduit or Other Underground Construction. Thereafter, all Service Providers shall enter the Customer-Provided Conduit or Other Underground Construction through the UAP, which shall:

4.1.f.1. permit ready access by each user to the capacity in the Customer-Provided Conduit or Other Underground Construction and 4. 1.f.2. minimize interference with, and avoid danger to, other Service Provider facilities.

4.1.g. Whenever feasible, telecommunications or other Service Provider facilities owned or belonging to the same entity shall be installed and maintained within the same Duct within Customer-Provided Conduit or Other Underground Construction, considering the need to separate different cable types and materials. 4.l.h. Companies should reasonably allow shared cable installations in Ducts where Duct access is restricted by available capacity.

4.1.i. When needed to provide necessary capacity, unused cables in Customer-Provided Conduit or Other Underground Construction should be extracted in a reasonably expeditious manner at no cost to the Customer.

4.1.j. Initial and subsequent installations into new Customer-Provided Conduit or Other Underground Construction should use separate Ducts when feasible.

4.1.k. Upon request by the Customer, a Telephone Public Utility or other Service Providers shall examine and report the status of their existing entrance paths into Customer-Provided Conduit or Other Underground Construction in a reasonably expeditious manner.

4.1.l. Whenever technically feasible, a Telephone Public Utility or other Service Provider shall consolidate or minimize entrance points into the Customer-Provided Conduit or Other Underground Construction.

4.1.m. A Service Provider should not bill another Service Provider for access to or occupancy of Customer-Provided Conduit or Other Underground Construction.

Series 38 Rules for the Government of Pole Attachments

W. Va. Code R. § 150-38-1 General

1.1. Scope. -- These rules govern the regulation of pole attachments subject to the jurisdiction of the Public Service Commission pursuant to W. Va. Code §31G-4-4, and subject to regulation under 47 U.S.C. §224, commonly referred to as the Pole Attachment Act and the regulations promulgated thereunder at 47 C.F.R §§1.1401-1.1415.

1.2. Authority. -- W. Va. Code §§24-1-1, 24-1-7, 24-2-1, 24-2-2, 31G-4-4.

1.3. Filing Date. -- November 14, 2022.

1.4. Effective Date. -- January 13, 2023.

1.5. Intent. -- The Commission has the authority to consider, and will consider, the interests of the subscribers of the services offered by means of pole attachments as well as the interests of the consumers of the utility services. These rules, commonly referred to as the Pole Attachment Rules, adopt the rates, terms, conditions and complaint procedures for access to and use of utility poles, ducts, conduits and rights-of-way, as provided by W. Va. Code §31G-4-4.

1.6. Application of rules. -- This Series applies to all persons, entities, poles, ducts, conduits and rights-of-way subject to 47 U.S.C. §224 and 47 C.F.R. §§1.1401-1.1415 as the federal statute and those regulations may be amended. An amendment to 47 U.S.C. §224 or 47 C.F.R. §§1.1401-1.1415 shall take effect in West Virginia 60 days after the effective date of the federal change unless otherwise ordered by the Commission.

W. Va. Code R. § 150-38-2 Definitions

2.1. These definitions apply only to the Pole Attachment Rules.

2.2. The term “utility” means any person that is a local exchange carrier or an electric, gas, water, steam, or other public utility, and who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for any communications through wires or cables. Such term does not include any railroad, any person that is cooperatively organized, or any person owned by the Federal Government or the State.

2.3. The term “pole attachment” means any attachment by a cable television system or provider of telecommunications service to a pole, duct, conduit, or right-of-way owned or controlled by a utility.

2.4. With respect to poles, the term “usable space” means the space on a utility pole above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment, and which includes space occupied by the utility. With respect to conduit, the term usable space means capacity within a conduit system which is available, or which could, with reasonable effort and expense, be made available, for the purpose of installing wires, cable and associated equipment for telecommunications or cable services, and which includes capacity occupied by the utility.

2.5. The term “complaint” means a filing by a cable television system operator, a cable television system association, a utility, an association of utilities, a telecommunications carrier, or an association of telecommunications carriers alleging that it has been denied access to a utility pole, duct, conduit, or right-of-way in violation of these rules and/or that a rate, term, or condition for a pole attachment is not just and reasonable. It also means a filing by an incumbent local exchange carrier (as defined in 47 U.S.C. §251(h)) or an association of incumbent local exchange carriers alleging that a rate, term, or condition for a pole attachment is not just and reasonable.

2.6. The term “complainant” means a cable television system operator, a cable television system association, a utility, an association of utilities, a telecommunications carrier, an association of telecommunications carriers, an incumbent local exchange carrier (as defined in 47 U.S.C. §251(h)) or an association of incumbent local exchange carriers who files a complaint.

2.7. The term “defendant” means a cable television system operator, a utility, or a telecommunications carrier against whom a complaint is filed.

2.8. The term “State” means the State of West Virginia, or any political subdivision, agency, or instrumentality thereof.

2.9. For purposes of these rules, the term “telecommunications carrier” means any provider of telecommunications services, except that the term does not include aggregators of telecommunications services (as defined in 47 U.S.C. §226) or incumbent local exchange carriers (as defined in 47 U.S.C. §251(h)).

2.10. The term “conduit” means a structure containing one or more ducts, usually placed in the ground, in which cables or wires may be installed.

2.11. The term “conduit system” means a collection of one or more conduits together with their supporting infrastructure.

2.12. The term “duct” means a single enclosed raceway for conductors, cable and/or wire.

2.13. With respect to poles, the term “unusable space” means the space on a utility pole below the usable space, including the amount required to set the depth of the pole.

2.14. The term “attaching entity” includes cable system operators, telecommunications carriers, incumbent and other local exchange carriers, utilities, governmental entities and other entities with a physical attachment to the pole, duct, conduit or right of way. It does not include governmental entities with only seasonal attachments to the pole.

2.15. The term “inner-duct” means a duct-like raceway smaller than a duct that is inserted into a duct so that the duct may carry multiple wires or cables.

2.16. The term “make-ready” means the modification or replacement of a utility pole, or of the lines or equipment on the utility pole, to accommodate additional facilities on the utility pole.

2.17. The term “complex make-ready” means transfers and work within the communications space that would be reasonably likely to cause a service outage(s) or facility damage, including work such as splicing of any communication attachment or relocation of existing wireless attachments. Any and all wireless activities, including those involving mobile, fixed, and point-to-point wireless communications and wireless internet service providers, are to be considered complex.

2.18. The term “simple make-ready” means make-ready where existing attachments in the communications space of a pole could be transferred without any reasonable expectation of a service outage or facility damage and does not require splicing of any existing communication attachment or relocation of an existing wireless attachment.

2.19. The term “communications space” means the lower usable space on a utility pole, which typically is reserved for low-voltage communications equipment.

2.20. The term “Commission” means the Public Service Commission of West Virginia.

2.21. The term “carrying charge rate” shall include capital costs including a rate of return, income taxes, depreciation, taxes other than income taxes, and an operation and maintenance expense factor.

W. Va. Code R. § 150-38-3 Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay; and cable operator notice

3.1. A utility shall provide a cable television system or any telecommunications carrier with nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by it. Notwithstanding this obligation, a utility may deny a cable television system or any telecommunications carrier access to its poles, ducts, conduits, or rights-of-way, on a nondiscriminatory basis where there is insufficient capacity or for reasons of safety, reliability and generally applicable engineering purposes.

3.2. Requests for access to a utility’s poles, ducts, conduits or rights-of-way by a telecommunications carrier or cable operator must be in writing. If access is not granted within 45 days of the request for access, the utility must confirm the denial in writing by the 45th day. The utility’s denial of access shall be specific, shall include all relevant evidence and information supporting its denial, and shall explain how such evidence and information relate to a denial of access for reasons of lack of capacity, safety, reliability or engineering standards.

3.3. A utility shall provide a cable television system or telecommunications carrier no less than 60 days written notice prior to:

3.3.1. Removal of facilities or termination of any service to those facilities, such removal or termination arising out of a rate, term or condition of the cable television system operator’s or telecommunications carrier’s pole attachment agreement;

3.3.2. Any increase in pole attachment rates; or

3.3.3. Any modification of facilities by the utility, other than make-ready noticed pursuant to Rule 10.5, routine maintenance, or modification in response to emergencies.

3.3.4. A cable television system operator or telecommunications carrier may file a “Petition for Temporary Stay” of the action contained in a notice received pursuant to Rule 3.3 within 15 days of receipt of such notice. Such submission shall not be considered unless it includes, in concise terms, the relief sought, the reasons for such relief, including a showing of irreparable harm and likely cessation of cable television service or telecommunication service, a copy of the notice, and certification of service as required by Rule 4.2. The utility may file an answer within 7 days of the date the Petition for Temporary Stay was filed. No further filings under this section will be considered unless authorized by the Commission.

3.3.5. Cable operators must notify pole owners upon offering telecommunications services.

W. Va. Code R. § 150-38-4 Pole attachment complaint proceedings

4.1. Pole attachment complaint proceedings shall be governed by Rules 17 through 31 of this Series, except as otherwise provided in this Series.

4.2. The formal complaint shall be filed with the Executive Secretary of the Commission and shall be accompanied by a certification of service on the named defendant, and each of the Federal, State, and local governmental agencies that regulate any aspect of the services provided by the complainant or defendant.

4.3. The complaint shall include a statement that the utility is not owned by any railroad, any person who is cooperatively organized or any person owned by the Federal Government or the State.

4.4. The complaint shall be accompanied by a copy of the pole attachment agreement, if any, between the cable television system operator or telecommunications carrier and the utility. If there is no present pole attachment agreement, the complaint shall contain:

4.4.1. A statement that the utility uses or controls poles, ducts, or conduits used or designated, in whole or in part, for wire communication; and

4.4.2. A statement that the cable television system operator or telecommunications carrier currently has attachments on the poles, ducts, conduits, or rights-of-way.

4.5. The complaint shall state with specificity the pole attachment rate, term or condition which is claimed to be unjust or unreasonable and provide all data and information supporting such claim. Data and information supporting the complaint (including all information necessary for the Commission to apply the rate formulas in Rule 5.4 should be based upon historical or original cost methodology, insofar as possible. Data should be derived from ARMIS, FERC Form 1, Annual Report to the Commission or other reports filed with state or federal regulatory agencies (identify source). The complainant shall also specify any other information and argument relied upon to attempt to establish that a rate, term, or condition is not just and reasonable.

4.6. A utility must supply a cable television system operator or telecommunications carrier the information required in Rule 4.5, as applicable, along with the supporting pages from its ARMIS, FERC Form 1, Annual Report to the Commission, or other report to a regulatory body, and calculations made in connection with these figures, within 30 days of the request by the cable television system operator or telecommunications carrier.

4.7. If any of the information and data required in Rules 4.5 and 4.6 is not provided to the cable television system operator or telecommunications carrier by the utility upon reasonable request, the cable television system operator or telecommunications carrier shall include a statement indicating the steps taken to obtain the information from the utility, including the dates of all requests. No complaint filed by a cable television system operator or telecommunications carrier shall be dismissed where the utility has failed to provide the information required under Rules 4.5 and 4.6 after such reasonable request.

W. Va. Code R. § 150-38-5 Commission consideration of the complaint

5.1. The complainant shall have the burden of establishing a prima facie case that the rate, term, or condition is not just and reasonable or that the denial of access violates 47 U.S.C. §224(f). If, however, a utility argues that the proposed rate is lower than its incremental costs, the utility has the burden of establishing that such rate is below the statutory minimum just and reasonable rate. In a case involving a denial of access, the utility shall have the burden of proving that the denial was lawful, once a prima facie case is established by the complainant.

5.2. The Commission shall determine whether the rate, term or condition complained of is just and reasonable. For the purposes of this paragraph, a rate is just and reasonable if it assures a utility the recovery of not less than the additional costs of providing pole attachments, nor more than an amount determined by multiplying the percentage of the total usable space, or the percentage of the total duct or conduit capacity, which is occupied by the pole attachment by the sum of the operating expenses and actual capital costs of the utility attributable to the entire pole, duct, conduit, or right-of-way. The Commission shall exclude from actual capital costs, and expense accounts to which the work was charged, those reimbursements received by the utility from cable operators and telecommunications carriers for non-recurring costs.

5.3. The Commission shall deny the complaint if it determines that the complainant has not established a prima facie case, or that the rate, term or condition is just and reasonable, or that the denial of access was lawful.

5.4. The Commission will apply the following formulas for determining a maximum just and reasonable rate:

5.4.1. Formula A shown on Attachment A shall apply to attachments to poles by cable operators providing cable services. This formula shall also apply to attachments to poles by any telecommunications carrier (to the extent such carrier is not a party to a pole attachment agreement) or cable operator providing telecommunications services until February 8, 2001;

5.4.2. With respect to attachments to poles by any telecommunications carrier or cable operator providing telecommunications services, the maximum just and reasonable rate shall be the higher of the rate yielded by Rules 5.4.2.a or 5.4.2.b.

5.4.2.a. Formula B shown on Attachment B applies to the extent that it yields a rate higher than that yielded by the applicable formula in Rule 5.4.2.b;

5.4.2.b. Formula C shown on Attachment C applies to the extent that it yields a rate higher than that yielded by the applicable formula in Rule 5.4.2.a; and

5.4.3. Formula D shown on Attachment D shall apply to attachments to conduit by cable operators and telecommunications carriers.

W. Va. Code R. § 150-38-6 Remedies

6.1. If the Commission determines that the rate, term, or condition complained of is not just and reasonable, it may prescribe a just and reasonable rate, term, or condition and may:

6.1.1. Terminate the unjust and/or unreasonable rate, term, or condition;

6.1.2. Substitute in the pole attachment agreement the just and reasonable rate, term, or condition established by the Commission; and/or

6.1.3. Order a refund, or payment, if appropriate. The refund or payment will normally be the difference between the amount paid under the unjust and/or unreasonable rate, term, or condition and the amount that would have been paid under the rate, term, or condition established by the Commission, plus interest, consistent with the applicable statute of limitations.

6.2. If the Commission determines that access to a pole, duct, conduit, or right-of-way has been unlawfully denied or delayed, it may order that access be permitted within a specified time frame and in accordance with specified rates, terms, and conditions.

W. Va. Code R. § 150-38-7 Imputation of rates; modification costs

7.1. A utility that engages in the provision of telecommunications services or cable services shall impute to its costs of providing such services (and charge any affiliate, subsidiary, or associate company engaged in the provision of such services) an equal amount to the pole attachment rate for which such company would be liable under this section.

7.2. The costs of modifying a facility shall be borne by all parties that obtain access to the facility as a result of the modification and by all parties that directly benefit from the modification. Each party described in the preceding sentence shall share proportionately in the cost of the modification. A party with a preexisting attachment to the modified facility shall be deemed to directly benefit from a modification if, after receiving notification of such modification, as provided in these rules, it adds to or modifies its attachment. Notwithstanding the foregoing, a party with a preexisting attachment to a pole, conduit, duct or right-of-way shall not be required to bear any of the costs of rearranging or replacing its attachment if such rearrangement or replacement is necessitated solely as a result of an additional attachment or the modification of an existing attachment sought by another party. If a party makes an attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered possible the added attachment.

W. Va. Code R. § 150-38-8 Allocation of Unusable Space Costs

8.1. With respect to the applicable formula referenced in Rule 5.4.2, a utility shall apportion the cost of providing unusable space on a pole so that such apportionment equals two-thirds (2/3) of the costs of providing unusable space that would be allocated to such entity under an equal apportionment of such costs among all attaching entities.

8.2. All attaching entities attached to the pole shall be counted for purposes of apportioning the cost of unusable space.

8.3. Utilities may use the following rebuttable presumptive averages when calculating the number of attaching entities with respect to the applicable formula referenced in Rule 5.4.2. For non-urbanized service areas (under 50,000 population), a presumptive average number of attaching entities of three. For urbanized service areas (50,000 or higher population), a presumptive average number of attaching entities of five. If any part of the utility’s service area within the state has a designation of urbanized (50,000 or higher population) by the Bureau of Census, United States Department of Commerce, then all of that service area shall be designated as urbanized for purposes of determining the presumptive average number of attaching entities.

8.4. A utility may establish its own presumptive average number of attaching entities for its urbanized and non-urbanized service area as follows:

8.4.1. Each utility shall, upon request, provide all attaching entities and all entities seeking access the methodology and information upon which the utility’s presumptive average number of attachers is based.

8.4.2. Each utility is required to exercise good faith in establishing and updating its presumptive average number of attachers.

8.4.3. The presumptive average number of attachers may be challenged by an attaching entity by submitting information demonstrating why the utility's presumptive average is incorrect. The attaching entity should also submit what it believes should be the presumptive average and the methodology used. Where a complete inspection is impractical, a statistically sound survey may be submitted.

8.4.4. Upon successful challenge of the existing presumptive average number of attachers, the resulting data determined shall be used by the utility as the presumptive number of attachers within the rate formula.

W. Va. Code R. § 150-38-9 Use of presumptions in calculating the space factor

9.1. With respect to the formulas referenced in Rules 5.4.1, 5.4.2.a and 5.4.2.b, the space occupied by an attachment is presumed to be one foot. The amount of usable space is presumed to be 13.5 feet. The amount of unusable space is presumed to be 24 feet. The pole height is presumed to be 37.5 feet. These presumptions may be rebutted by either party.

W. Va. Code R. § 150-38-10 Timeline for access to utility poles

10.1. Definitions.

10.1.1. The term “attachment” means any attachment by a cable television system or provider of telecommunications service to a pole owned or controlled by a utility.

10.1.2. The term “new attacher” means a cable television system or telecommunications carrier requesting to attach new or upgraded facilities to a pole owned or controlled by a utility.

10.1.3. The term “existing attacher” means any entity with equipment on a utility pole.

10.2. All time limits in this section are to be calculated according to Rule 7.5 of the Commission Rules of Practice and Procedure, 150 C.S.R. 1.7.5.

10.3. Application review and survey - Application completeness. A utility shall review a new attacher’s attachment application for completeness before reviewing the application on its merits. A new attacher’s attachment application is considered complete if it provides the utility with the information necessary under its procedures, as specified in a master service agreement or in requirements that are available in writing publicly at the time of submission of the application, to begin to survey the affected poles.

10.3.1. A utility shall determine within 10 business days after receipt of a new attacher’s attachment application whether the application is complete and notify the attacher of that decision. If the utility does not respond within 10 business days after receipt of the application, or if the utility rejects the application as incomplete but fails to specify any reasons in its response, then the application is deemed complete. If the utility timely notifies the new attacher that its attachment application is not complete, then it must specify all reasons for finding it incomplete.

10.3.2. Any resubmitted application need only address the utility’s reasons for finding the application incomplete and shall be deemed complete within 5 business days after its resubmission, unless the utility specifies to the new attacher which reasons were not addressed and how the resubmitted application did not sufficiently address the reasons. The new attacher may follow the resubmission procedure in this paragraph as many times as it chooses so long as in each case it makes a bona fide attempt to correct the reasons identified by the utility, and in each case the deadline set forth in this paragraph shall apply to the utility’s review.

10.3.3. Application review on the merits. A utility shall respond to the new attacher either by granting access or, consistent with Rule 3.2 denying access within 45 days of receipt of a complete application to attach facilities to its utility poles (or within 60 days in the case of larger orders as described in Rule 10.7). A utility may not deny the new attacher pole access based on a preexisting violation not caused by any prior attachments of the new attacher.

10.3.4. Survey.

10.3.4.a. A utility shall complete a survey of poles for which access has been requested within 45 days of receipt of a complete application to attach facilities to its utility poles (or within 60 days in the case of larger orders as described in Rule 10.7).

10.3.4.b. A utility shall permit the new attacher and any existing attachers on the affected poles to be present for any field inspection conducted as part of the utility’s survey. A utility shall use commercially reasonable efforts to provide the affected attachers with advance notice of not less than 3 business days of any field inspection as part of the survey and shall provide the date, time, and location of the survey, and name of the contractor performing the survey.

10.3.4.c. Where a new attacher has conducted a survey pursuant to Rule 10.10.3, a utility can elect to satisfy its survey obligations in this paragraph by notifying affected attachers of its intent to use the survey conducted by the new attacher pursuant to Rule 10.10.3 and by providing a copy of the survey to the affected attachers within the time period set forth in Rule 10.3.4.a. A utility relying on a survey conducted pursuant to Rule 10.10.3 to satisfy all of its obligations under Rule 10.3.4.a shall have 15 days to make such a notification to affected attachers rather than a 45 day survey period.

10.4. Estimate. Where a new attacher’s request for access is not denied, a utility shall present to a new attacher a detailed, itemized estimate, on a pole-by-pole basis where requested, of charges to perform all necessary make-ready within 14 days of providing the response required by Rule 10.3, or in the case where a new attacher has performed a survey, within 14 days of receipt by the utility of such survey. Where a pole-by-pole estimate is requested and the utility incurs fixed costs that are not reasonably calculable on a pole-by-pole basis, the utility may present charges on a per-job basis rather than present a pole-by-pole estimate for those fixed cost charges. The utility shall provide documentation that is sufficient to determine the basis of all estimated charges, including any projected material, labor, and other related costs that form the basis of its estimate.

10.4.1. A utility may withdraw an outstanding estimate of charges to perform make-ready work beginning 14 days after the estimate is presented.

10.4.2. A new attacher may accept a valid estimate and make payment any time after receipt of an estimate, except it may not accept after the estimate is withdrawn.

10.4.3. Final invoice. After the utility completes make-ready, if the final cost of the work differs from the estimate, it shall provide the new attacher with a detailed, itemized final invoice of the actual make-ready charges incurred, on a pole-by-pole basis where requested, to accommodate the new attacher’s attachment. Where a pole-by-pole estimate is requested and the utility incurs fixed costs that are not reasonably calculable on a pole-by-pole basis, the utility may present charges on a per-job basis rather than present a pole-by-pole invoice for those fixed cost charges. The utility shall provide documentation that is sufficient to determine the basis of all estimated charges, including any projected material, labor, and other related costs that form the basis of its estimate.

10.4.4. A utility may not charge a new attacher to bring poles, attachments, or third-party equipment into compliance with current published safety, reliability, and pole owner construction standards guidelines if such poles, attachments, or third-party equipment were out of compliance because of work performed by a party other than the new attacher prior to the new attachment.

10.5. Make-ready. Upon receipt of payment specified in Rule 10.4.2, a utility shall notify immediately and in writing all known entities with existing attachments that may be affected by the make-ready.

10.5.1. For attachments in the communications space, the notice shall:

10.5.1.a. Specify where and what make-ready will be performed.

10.5.1.b. Set a date for completion of make-ready in the communications space that is no later than 30 days after notification is sent (or up to 75 days in the case of larger orders as described in Rule 10.7).

10.5.1.c. State that any entity with an existing attachment may modify the attachment consistent with the specified make-ready before the date set for completion.

10.5.1.d. State that if make-ready is not completed by the completion date set by the utility in Rule 10.5.1.b, the new attacher may complete the make-ready specified pursuant to Rule 10.5.1.a.; and

10.5.1.e. State the name, telephone number, and email address of a person to contact for more information about the make-ready procedure.

10.5.2. For attachments above the communications space, the notice shall:

10.5.2.a. Specify where and what make-ready will be performed.

10.5.2.b. Set a date for completion of make-ready that is no later than 90 days after notification is sent (or 135 days in the case of larger orders, as described in Rule 10.7).

10.5.2.c. State that any entity with an existing attachment may modify the attachment consistent with the specified make-ready before the date set for completion.

10.5.2.d. State that the utility may assert its right to 15 additional days to complete make-ready.

10.5.2.e. State that if make-ready is not completed by the completion date set by the utility in Rule 10.5.2.b (or, if the utility has asserted its 15-day right of control, 15 days later), the new attacher may complete the make-ready specified pursuant to Rule 10.5.2.a; and

10.5.2.f. State the name, telephone number, and email address of a person to contact for more information about the make-ready procedure.

10.5.3. Once a utility provides the notices described in this section, it then must provide the new attacher with a copy of the notices and the existing attacher’s contact information and address where the utility sent the notices. The new attacher shall be responsible for coordinating with existing attachers to encourage their completion of make-ready by the dates set forth by the utility in Rule 10.5.1.b for communications space attachments or Rule 10.5.2.b for attachments above the communications space.

10.6. A utility shall complete its make-ready in the communications space by the same dates set for existing attachers in Rule 10.5.1.b or its make-ready above the communications space by the same dates for existing attachers in Rule 10.5.2.b (or if the utility has asserted its 15-day right of control, 15 days later).

10.7. For the purposes of compliance with the time periods in this section:

10.7.1. A utility shall apply the timeline described in Rules 10.3 through 10.5 to all requests for attachment up to the lesser of 300 poles or 0.5 percent of the utility’s poles in West Virginia.

10.7.2. A utility may add 15 days to the survey period described in Rule 10.3 to larger orders up to the lesser of 3,000 poles or 5 percent of the utility’s poles in West Virginia.

10.7.3. A utility may add 45 days to the make-ready periods described in Rule 10.5 to larger orders up to the lesser of 3,000 poles or 5 percent of the utility’s poles in West Virginia.

10.7.4. A utility shall negotiate in good faith the timing of all requests for attachment larger than the lesser of 3,000 poles or 5 percent of the utility’s poles in West Virginia.

10.7.5. A utility may treat multiple requests from a single new attacher as one request when the requests are filed within 30 days of one another.

10.8. Deviation from the time limits specified in this section.

10.8.1. A utility may deviate from the time limits specified in this section before offering an estimate of charges if the parties have no agreement specifying the rates, terms, and conditions of attachment.

10.8.2. A utility may deviate from the time limits specified in this section during performance of make-ready for good and sufficient cause that renders it infeasible for the utility to complete make-ready within the time limits specified in this section. A utility that so deviates shall immediately notify, in writing, the new attacher and affected existing attachers and shall identify the affected poles and include a detailed explanation of the reason for the deviation and a new completion date. The utility shall deviate from the time limits specified in this section for a period no longer than necessary to complete make-ready on the affected poles and shall resume make-ready without discrimination when it returns to routine operations. A utility cannot delay completion of make-ready because of a preexisting violation on an affected pole not caused by the new attacher.

10.8.3. An existing attacher may deviate from the time limits specified in this section during performance of complex make-ready for reasons of safety or service interruption that renders it infeasible for the existing attacher to complete complex make-ready within the time limits specified in this section. An existing attacher that so deviates shall immediately notify, in writing, the new attacher and other affected existing attachers and shall identify the affected poles and include a detailed explanation of the basis for the deviation and a new completion date, which in no event shall extend beyond 60 days from the date the notice described in Rule 10.5.1 is sent by the utility (or up to 105 days in the case of larger orders described in Rule 10.7). The existing attacher shall deviate from the time limits specified in this section for a period no longer than necessary to complete make-ready on the affected poles.

10.9. Self-help remedy.

10.9.1. Surveys. If a utility fails to complete a survey as specified in Rule 10.3.4.a, then a new attacher may conduct the survey in place of the utility and, as specified in Rule 11, hire a contractor to complete a survey.

10.9.1.a. A new attacher shall permit the affected utility and existing attachers to be present for any field inspection conducted as part of the new attacher’s survey.

10.9.1.b. A new attacher shall use commercially reasonable efforts to provide the affected utility and existing attachers with advance notice of not less than 3 business days of a field inspection as part of any survey it conducts. The notice shall include the date and time of the survey, a description of the work involved, and the name of the contractor being used by the new attacher.

10.9.2. Make-ready. If make-ready is not complete by the date specified in Rule 10.5, then a new attacher may conduct the make-ready in place of the utility and existing attachers, and, as specified in Rule 11, hire a contractor to complete the make-ready.

10.9.2.a. A new attacher shall permit the affected utility and existing attachers to be present for any make-ready. A new attacher shall use commercially reasonable efforts to provide the affected utility and existing attachers with advance notice of not less than 5 days of the impending make-ready. The notice shall include the date and time of the make-ready, a description of the work involved, and the name of the contractor being used by the new attacher.

10.9.2.b. The new attacher shall notify an affected utility or existing attacher immediately if make-ready damages the equipment of a utility or an existing attacher or causes an outage that is reasonably likely to interrupt the service of a utility or existing attacher. Upon receiving notice from the new attacher, the utility or existing attacher may either:

10.9.2.b.1. Complete any necessary remedial work and bill the new attacher for the reasonable costs related to fixing the damage; or

10.9.2.b.2. Require the new attacher to fix the damage at its expense immediately following notice from the utility or existing attacher.

10.9.2.c. A new attacher shall notify the affected utility and existing attachers within 15 days after completion of make-ready on a particular pole. The notice shall provide the affected utility and existing attachers at least 90 days from receipt in which to inspect the make-ready. The affected utility and existing attachers have 14 days after completion of their inspection to notify the new attacher of any damage or code violations caused by make-ready conducted by the new attacher on their equipment. If the utility or an existing attacher notifies the new attacher of such damage or code violations, then the utility or existing attacher shall provide adequate documentation of the damage or the code violations. The utility or existing attacher may either complete any necessary remedial work and bill the new attacher for the reasonable costs related to fixing the damage or code violations or require the new attacher to fix the damage or code violations at its expense within 14 days following notice from the utility or existing attacher.

10.9.3. Pole replacements. Self-help shall not be available for pole replacements.

10.10. One-touch make-ready option. For attachments involving simple make-ready, new attachers may elect to proceed with the process described in this section in lieu of the attachment process described in Rules 10.3 through 10.6 and Rule 10.9.

10.10.1. Attachment application.

10.10.1.a. A new attacher electing the one-touch make-ready process must elect the one-touch make-ready process in writing in its attachment application and must identify the simple make-ready that it will perform. It is the responsibility of the new attacher to ensure that its contractor determines whether the make-ready requested in an attachment application is simple.

10.10.1.b. The utility shall review the new attacher’s attachment application for completeness before reviewing the application on its merits. An attachment application is considered complete if it provides the utility with the information necessary under its procedures, as specified in a master service agreement or in publicly-released requirements at the time of submission of the application, to make an informed decision on the application.

10.10.1.b.1. A utility has 10 business days after receipt of a new attacher’s attachment application in which to determine whether the application is complete and notify the attacher of that decision. If the utility does not respond within 10 business days after receipt of the application, or if the utility rejects the application as incomplete but fails to specify any reasons in the application, then the application is deemed complete.

10.10.1.b.2. If the utility timely notifies the new attacher that its attachment application is not complete, then the utility must specify all reasons for finding it incomplete. Any resubmitted application need only address the utility’s reasons for finding the application incomplete and shall be deemed complete within 5 business days after its resubmission, unless the utility specifies to the new attacher which reasons were not addressed and how the resubmitted application did not sufficiently address the reasons. The applicant may follow the resubmission procedure in this paragraph as many times as it chooses so long as in each case it makes a bona fide attempt to correct the reasons identified by the utility, and in each case the deadline set forth in this paragraph shall apply to the utility’s review.

10.10.2. Application review on the merits. The utility shall review on the merits a complete application requesting one-touch make-ready and respond to the new attacher either granting or denying an application within 15 days of the utility’s receipt of a complete application (or within 30 days in the case of larger orders as described in Rule 10.7).

10.10.2.a. If the utility denies the application on its merits, then its decision shall be specific, shall include all relevant evidence and information supporting its decision, and shall explain how such evidence and information relate to a denial of access for reasons of lack of capacity, safety, reliability, or engineering standards.

10.10.2.b. Within the 15-day application review period (or within 30 days in the case of larger orders as described in Rule 10.7), a utility may object to the designation by the new attacher’s contractor that certain make-ready is simple. If the utility objects to the contractor’s determination that make-ready is simple, then it is deemed complex. The utility’s objection is final and determinative so long as it is specific and in writing, includes all relevant evidence and information supporting its decision, made in good faith, and explains how such evidence and information relate to a determination that the make-ready is not simple.

10.10.3. Surveys. The new attacher is responsible for all surveys required as part of the one-touch make-ready process and shall use a contractor as specified in Rule 11.2.

10.10.3.a. The new attacher shall permit the utility and any existing attachers on the affected poles to be present for any field inspection conducted as part of the new attacher’s surveys. The new attacher shall use commercially reasonable efforts to provide the utility and affected existing attachers with advance notice of not less than 3 business days of a field inspection as part of any survey and shall provide the date, time, and location of the surveys, and name of the contractor performing the surveys.

10.10.4. Make-ready. If the new attacher’s attachment application is approved and if it has provided 15 days prior written notice of the make-ready to the affected utility and existing attachers, the new attacher may proceed with make-ready using a contractor in the manner specified for simple make-ready in Rule 11.2.

10.10.4.a. The prior written notice shall include the date and time of the make-ready, a description of the work involved, the name of the contractor being used by the new attacher, and provide the affected utility and existing attachers a reasonable opportunity to be present for any make-ready.

10.10.4.b. The new attacher shall notify an affected utility or existing attacher immediately if make-ready damages the equipment of a utility or an existing attacher or causes an outage that is reasonably likely to interrupt the service of a utility or existing attacher. Upon receiving notice from the new attacher, the utility or existing attacher may either:

10.10.4.b.1. Complete any necessary remedial work and bill the new attacher for the reasonable costs related to fixing the damage; or

10.10.4.b.2. Require the new attacher to fix the damage at its expense immediately following notice from the utility or existing attacher.

10.10.4.c. In performing make-ready, if the new attacher or the utility determines that make-ready classified as simple is complex, then that specific make-ready must be halted and the determining party must provide immediate notice to the other party of its determination and the impacted poles. The affected make-ready shall then be governed by Rules 10.4 through 10.9 and the utility shall provide the notice required by Rule 10.5 as soon as reasonably practicable.

10.10.5. Post-make-ready timeline. A new attacher shall notify the affected utility and existing attachers within 15 days after completion of make-ready on a particular pole. The notice shall provide the affected utility and existing attachers at least 90 days from receipt in which to inspect the make-ready. The affected utility and existing attachers have 14 days after completion of their inspection to notify the new attacher of any damage or code violations caused by make-ready conducted by the new attacher on their equipment. If the utility or an existing attacher notifies the new attacher of such damage or code violations, then the utility or existing attacher shall provide adequate documentation of the damage or the code violations. The utility or existing attacher may either complete any necessary remedial work and bill the new attacher for the reasonable costs related to fixing the damage or code violations or require the new attacher to fix the damage or code violations at its expense within 14 days following notice from the utility or existing attacher.

W. Va. Code R. § 150-38-11 Contractors for survey and make-ready

11.1. Contractors for self-help complex and above the communications space make-ready. A utility shall make available and keep up-to-date a reasonably sufficient list of contractors it authorizes to perform self-help surveys and make-ready that is complex and self-help surveys and make-ready that is above the communications space on its poles. The new attacher must use a contractor from this list to perform self-help work that is complex or above the communications space. New and existing attachers may request the addition to the list of any contractor that meets the minimum qualifications in Rules 11.3 through 11.3.5 and the utility may not unreasonably withhold its consent.

11.2. Contractors for simple work. A utility may, but is not required, to keep up-to-date a reasonably sufficient list of contractors it authorizes to perform surveys and simple make-ready. If a utility provides such a list, then the new attacher must choose a contractor from the list to perform the work. New and existing attachers may request the addition to the list of any contractor that meets the minimum qualifications in Rules 11.3 through 11.3.5 and the utility may not unreasonably withhold its consent.

11.2.1. If the utility does not provide a list of approved contractors for surveys or simple make-ready or no utility-approved contractor is available within a reasonable time period, then the new attacher may choose its own qualified contractor that meets the requirements in Rule 11.3. When choosing a contractor that is not on a utility-provided list, the new attacher must certify to the utility that its contractor meets the minimum qualifications described in Rule 11.3 when providing notices required by Rules 10.9.1.b, 10.9.2.a, 10.10.3.a, and 10.10.4.

11.2.2. The utility may disqualify any contractor chosen by the new attacher that is not on a utility-provided list, but such disqualification must be based on reasonable safety or reliability concerns related to the contractor's failure to meet any of the minimum qualifications described in Rule 11.3 or to meet the utility’s publicly available and commercially reasonable safety or reliability standards. The utility must provide notice of its contractor objection within the notice periods provided by the new attacher in Rules 10.9.1.b, 10.9.2.a, 10.10.3.a, and 10.10.4 and in its objection must identify at least one available qualified contractor.

11.3. Contractor minimum qualification requirements. Utilities must ensure that contractors on a utility-provided list, and new attachers must ensure that contractors they select pursuant to Rule 11.2.1, meet the following minimum requirements:

11.3.1. The contractor has agreed to follow published safety and operational guidelines of the utility, if available, but if unavailable, the contractor shall agree to follow National Electrical Safety Code (NESC) guidelines;

11.3.2. The contractor has acknowledged that it knows how to read and follow licensed-engineered pole designs for make-ready, if required by the utility;

11.3.3. The contractor has agreed to follow all local, state, and federal laws and regulations including, but not limited to, the rules regarding Qualified and Competent Persons under the requirements of the Occupational and Safety Health Administration (OSHA) rules;

11.3.4. The contractor has agreed to meet or exceed any uniformly applied and reasonable safety and reliability thresholds set by the utility, if made available; and

11.3.5. The contractor is adequately insured or will establish an adequate performance bond for the make-ready it will perform, including work it will perform on facilities owned by existing attachers.

11.4. The consulting representative of an electric utility may make final determinations, on a nondiscriminatory basis, where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.

W. Va. Code R. § 150-38-12 Complaints by incumbent local exchange carriers

12.1. A complaint by an incumbent local exchange carrier (as defined in 47 U.S.C. §251(h)) or an association of incumbent local exchange carriers alleging that it has been denied access to a pole, duct, conduit, or right-of-way owned or controlled by a local exchange carrier, or that a utility’s rate, term, or condition for a pole attachment is not just and reasonable shall follow the same complaint procedures specified for other pole attachment complaints in these rules.

12.2. In complaint proceedings challenging utility pole attachment rates, terms, and conditions for pole attachment contracts entered into or renewed after the effective date of 47 C.F.R. §1.413(b), there is a presumption that an incumbent local exchange carrier (or an association of incumbent local exchange carriers) is similarly situated to an attacher that is a telecommunications carrier (as defined in 47 U.S.C. §251(a)(5)) or a cable television system providing telecommunications services for purposes of obtaining comparable rates, terms, or conditions. In such complaint proceedings challenging pole attachment rates, there is a presumption that incumbent local exchange carriers (or an association of incumbent local exchange carriers) may be charged no higher than the rate determined in accordance with Rule 5.4.2. A utility can rebut either or both of the two presumptions in this section with clear and convincing evidence that the incumbent local exchange carrier receives benefits under its pole attachment agreement with a utility that materially advantages the incumbent local exchange carrier over other telecommunications carriers or cable television systems providing telecommunications services on the same poles.

W. Va. Code R. § 150-38-13 Review period for pole attachment complaints

13.1. The Commission will take final action consisting of an order that will issue within 180 days of the filing of a formal complaint initiating a pole attachment dispute as required by 47 U.S.C. §224(C)(3)(B)(i) except for good cause shown. If the Commission determines that a final action will not issue within 180 days, the Commission will issue a final action consisting of an order no later than 360 days from the filing of the formal complaint, as permitted by 47 U.S.C. §224(C)(3)(B)(ii).

W. Va. Code R. § 150-38-14 Overlashing

14.1. Prior approval. A utility shall not require prior approval for:

14.1.1. An existing attacher that overlashes its existing wires on a pole; or

14.1.2. For-third party overlashing of an existing attachment that is conducted with the permission of an existing attacher.

14.2. Preexisting violations. A utility may not prevent an attacher from overlashing because another existing attacher has not fixed a preexisting violation. A utility may not require an existing attacher that overlashes its existing wires on a pole to fix preexisting violations caused by another existing attacher.

14.3. Advance notice. A utility may require no more than 15 days advance notice of planned overlashing. If a utility requires advance notice for overlashing, then the utility must provide existing attachers with advance written notice of the notice requirement or include the notice requirement in the attachment agreement with the existing attacher. If, after receiving advance notice, the utility determines that an overlash would create a capacity, safety, reliability, or engineering issue, it must provide specific documentation of the issue to the party seeking to overlash within the 15-day advance notice period and the party seeking to overlash must address any identified issues before continuing with the overlash either by modifying its proposal or by explaining why, in the party's view, a modification is unnecessary. A utility may not charge a fee to the party seeking to overlash for the utility's review of the proposed overlash.

14.4. Overlashers’ responsibility. A party that engages in overlashing is responsible for its own equipment and shall ensure that it complies with reasonable safety, reliability, and engineering practices. If damage to a pole or other existing attachment results from overlashing or overlashing work causes safety or engineering standard violations, then the overlashing party is responsible at its expense for any necessary repairs.

14.5. Post-overlashing review. An overlashing party shall notify the affected utility within 15 days of completion of the overlash on a particular pole. The notice shall provide the affected utility at least 90 days from receipt in which to inspect the overlash. The utility has 14 days after completion of its inspection to notify the overlashing party of any damage or code violations to its equipment caused by the overlash. If the utility discovers damage or code violations caused by the overlash on equipment belonging to the utility, then the utility shall inform the overlashing party and provide adequate documentation of the damage or code violations. The utility may either complete any necessary remedial work and bill the overlashing party for the reasonable costs related to fixing the damage or code violations or require the overlashing party to fix the damage or code violations at its expense within 14 days following notice from the utility.

W. Va. Code R. § 150-38-15 Abandoned cables, conductors and related facilities

15.1. A pole owner has the right to remove from its poles such cable, conductors and related facilities as it reasonably believes are abandoned.

15.2. When exercising the right set forth in Rule 15.1 a pole owner shall provide the attaching entity written notice by U.S. Certified Mail, Return Receipt Requested, email, and through any other system(s) the pole owner uses to notify attachers that it believes there are abandoned cable, conductors and related facilities on its pole that need to be removed. The date of service is the date the pole owner mails, emails and otherwise notifies attachers on its other system(s) that it believes there are abandoned cable, conductors and related facilities on its pole that need to be removed. The notice shall provide:

15.2.1. A description of the cable, conductors and related facilities (including any applicable poles) the pole owner is requesting the attaching entity to remove.

15.2.2. A physical address or general route location, including the beginning and ending pole numbers with GPS coordinates of the location(s) of the facilities needing to be removed.

15.2.3. A statement that if the attaching entity does not remove the items described in 15.2.1. within 60 days from the date of the service of the notice, the pole owner may remove the items and charge the attaching entity the costs incurred by the pole owner for the removal and disposal of abandoned cable, conductors and related facilities.

15.3. The attaching entity may file a “Petition for Temporary Stay” of the action contained in a notice received pursuant to Rule 15.2. within 40 days of service of such notice. Such submission shall not be considered unless it includes, in concise terms, the relief sought, the reasons for such relief, including a showing of likely irreparable harm or likely cessation of the attaching entity’s service, a copy of the notice, and certification of service as required by Rule 4.2. The pole owner shall file an answer within 15 days of the date the Petition for Temporary Stay was served. No further filings under this section will be considered unless authorized by the Commission.

15.3.1. Prior to filing a “Petition for Temporary Stay” the attaching entity shall contact the pole owner within 10 days of service of the notice and request a meeting with the pole owner to resolve any dispute. The pole owner shall engage in the requested meeting in good faith. The meeting shall include persons with authority to resolve the dispute and shall occur within 30 days of the notice. If the dispute is not resolved, then the attaching entity may file the “Petition for Temporary Stay” no later than 40 days from the date of the service of the original notice.

15.4. If the attaching entity does not pursue the steps set forth in Rule 15.3, and does not respond according to the timelines of Rule 15.2.3., the pole owner shall proceed to remove and dispose of abandoned cable, conductors and related facilities (including poles). The pole owner shall be released and held harmless from liability for claims or any related losses claimed by the attaching entity or others for the pole owner’s removal work, including any loss of property value, potential business value, or any other value of such cable, conductor, and related facilities.

15.5. A pole owner who removes and disposes of abandoned cable, conductors and related facilities pursuant to this section shall send an invoice to the attaching entity within 90 days after completing the work by U.S. Certified Mail, Return Receipt Requested, email, and through any other system(s) the pole owner uses to notify attachers. The invoice shall include documentation sufficient to create an itemized billing statement that can be used to determine the basis of all charges, including date and location (including pole number(s)) of work performed, and material, labor and other related costs. The invoice shall give a date by when payment is due which is no less than 30 days after an invoice is provided to the attaching entity.

15.6. If the attaching entity wants to dispute the amount of the invoice for the costs to the pole owner to remove and dispose of abandoned cable, conductors and related facilities, the attaching entity may file a complaint with the Commission pursuant to Rules 17-31 and provide detailed information on the specific charges it is disputing and why. The attaching entity must provide detailed support for the amount of costs it believes it should pay, if possible.

15.6.1. Prior to filing a formal complaint with the Commission, the attaching entity shall contact the pole owner within 10 days of receipt of the invoice as described in Rule 15.5, and request a meeting with the pole owner to resolve any dispute. The pole owner shall engage in the requested meeting in good faith. The meeting shall include persons with authority to resolve the dispute and shall occur within 30 days of the date the pole owner mails, emails, and sends through its system(s) used to notify attachers a copy of the invoice. If the dispute is not resolved, then the attaching entity may file a formal complaint no later than 40 days from the date the pole owners mails, emails and sends through its system(s) used to notify attachers a copy of the invoice.

15.7. If the pole owner has pursued all reasonable avenues likely to be successful to collect the costs to remove and dispose of abandoned cable, conductors and related facilities from the attaching entity, including filing an action in magistrate or circuit court to collect on the bill, then the pole owner may file a petition with the Commission to seek approval to book or defer the net costs of removal and disposal on its accounting books and/or request recovery outside of a base rate case proceeding through a surcharge or other rate recovery mechanism. The petition should include the following information:

15.7.1. A copy of all documents sent to the attaching entity, including the notice and invoice (with supporting documentation) required by Rules 15.2. and 15.5.

15.7.2. A copy of any judgments received from magistrate or circuit court to attempt to collect the amount owed on the invoice from the attaching entity. 15.7.3 If the attaching entity is no longer in business, cannot be located or is otherwise unavailable to pay an invoice, an affidavit certifying with specificity why the pole owner is unable to pursue collecting from the attaching entity.

15.7.4. The surcharge amount, with details on how it was calculated and how the costs were booked.

15.7.5. A proposed notice of the surcharge amount.

W. Va. Code R. § 150-38-16 Transfer of facilities to new poles and old pole removal

16.1. In the event facilities are not timely transferred or the pole(s) removed pursuant to the timelines and requirements in Rules 16.2.3 and 16.3 of these rules or within the time frame otherwise directed by the Commission, then the pole owner shall transfer facilities from an old pole to a new pole and thereafter remove the unneeded utility pole(s) pursuant to this section of the rules after providing notice.

16.2. Before exercising the requirements set forth in Rule 16.1. a pole owner shall provide the attaching entity or entities written notice by U.S. Certified Mail, Return Receipt Requested, email and through any other system(s) the pole owner uses to notify attachers that the attaching entity must transfer its facilities from an old pole to a new pole and remove the old pole if the attaching entity would be responsible for removing and disposing of the old pole. If there is more than one attacher that needs to move facilities, then the pole owner will first give notice to the attacher who needs to transfer facilities first and repeat the notice and process with each subsequent attacher who has not timely transferred facilities and removed the pole, if required, until all facilities are transferred and the pole removed. The date of service is the date the pole owner mails, emails and otherwise notifies attachers on its other system(s) that the attaching entity must transfer its facilities from an old pole to a new pole and remove the old pole if the attaching entity would be responsible for removing and disposing of the old pole. The notice shall provide:

16.2.1. A description of the facilities that need to be transferred and any other work needed to be done, including removing and disposing of any applicable poles.

16.2.2. A physical address, or general route location, including the beginning and ending pole numbers with GPS coordinates of the location(s) of the facilities needing to be transferred and/or removed.

16.2.3. A statement that if attaching entity does not transfer and/or remove the items described in Rule 16.2.1 within 60 days from the date of the notice, the pole owner shall transfer the attaching entity’s facilities from the old pole to the new pole and remove and dispose of the old pole and charge the attaching entity or entities the costs incurred by the pole owner for which the attaching entity or entities is responsible.

16.3. The attaching entity may file a “Petition for Temporary Stay” of the action contained in a notice received pursuant to Rule 16.2 within 40 days of service of such notice. Such submission shall not be considered unless it includes, in concise terms, the relief sought, the reasons for such relief, including a showing of likely irreparable harm or likely cessation of the attaching entity’s service, a copy of the notice, and certification of service as required by Rule 4.2. The pole owner shall file an answer within 15 days of the date the Petition for Temporary Stay was filed. No further filings under this section will be considered unless authorized by the Commission.

16.3.1. Prior to filing a “Petition for Temporary Stay” the attaching entity shall contact pole owner within 10 days of service of the notice and request a meeting with the pole owner to resolve any dispute. The pole owner shall engage in the requested meeting in good faith. The meeting shall include persons with authority to resolve the dispute and shall occur within 30 days of the original notice. If the dispute is not resolved, then the attaching entity may file the “Petition for Temporary Stay” no later than 40 days following the service of the original notice.

16.4. The pole owner who proceeds to transfer the attaching entity’s facilities from the old pole to the new pole and remove and dispose of old pole(s) pursuant to this section of the rules shall be released and held harmless from liability for its transfer work, except for acts of negligence or willful misconduct.

16.5. The pole owner who transfers the attaching entity’s facilities and/or removes and disposes of old pole(s) shall send an invoice to the attaching entity(ies) within 90 days of completing the work by U.S. Certified Mail, Return Receipt Requested, email and through any other system(s) the pole owner uses to notify attachers. The invoice shall include documentation sufficient to create an itemized billing statement that can be used to determine the basis of all charges, including date and location (including pole number(s)) of work performed, and material, labor and other related costs. The invoice shall give a date when payment is due which is no less than 30 days after invoice is provided to the attaching entity or entities.

16.6. If the attaching entity or entities disputes the amount of the invoice for the costs to pole owner to transfer and/or remove facilities (including old pole), the attaching entity may file a complaint with the Commission pursuant to Rules 17-31 and provide detailed information on the specific charges it is disputing and why. The attaching entity or entities must provide detailed support for the amount of costs it believes it should pay, if possible.

16.6.1. Prior to filing a formal complaint with the Commission, the attaching entity shall contact the pole owner within 10 days of receipt of the invoice referenced in Rule 16.5, and request a meeting with the pole owner to resolve any dispute. The pole owner shall engage in the requested meeting in good faith. The meeting shall include persons with authority to resolve the dispute and shall occur within 30 days of the date the pole owner mails, emails, and sends through its system(s) used to notify attachers a copy of the invoice. If the dispute is not resolved, then the attaching entity may file a formal complaint no later than 40 days from the date the pole owner mails, emails and sends through its system(s) used to notify attachers a copy of the invoice.

16.7. If the pole owner has pursued all reasonable avenues likely to be successful to collect the costs to transfer and/or remove facilities (including old poles) from the attaching entity or entities, including filing an action in magistrate or circuit court to collect on the bill, then the pole owner may file a petition with the Commission to seek approval to book or defer the net costs of transfer, removal and disposal on its accounting books and/or request recovery outside of a base rate case proceeding through a surcharge or other rate recovery mechanism. The petition should include the following information:

16.7.1. A copy of all documents sent to the attaching entity or entities, including the notice and invoice (with supporting documentation) required by Rules 16.2. and 16.5.

16.7.2. A copy of any judgments received from magistrate or circuit court to attempt to collect the amount owed on the invoice from the attaching entity or entities.

16.7.3. If the attaching entity or entities is no longer in business, cannot be located or is otherwise unavailable to pay the invoice, an affidavit certifying with specificity why the pole owner is unable to pursue collecting from the attaching entity or entities.

16.7.4. The surcharge amount, with details on how it was calculated and how the costs were booked.

16.7.5. A proposed notice of the surcharge amount.

W. Va. Code R. § 150-38-17 Formal Complaint Procedure - General pleading requirements

17.1. The following procedural rules, Rules 17 through 31, apply to the formal complaint proceedings brought under the Pole Attachment Rules. Pole attachment formal complaint proceedings are generally resolved on a written record consisting of a complaint, answer, reply, and joint statement of stipulated facts, disputed facts and key legal issues, along with all associated evidence in the record. The Commission may also require or permit other written submissions such as briefs, proposed findings of fact and conclusions of law, or other supplemental documents or pleadings.

17.2. Pleadings must be clear, concise, and direct. All matters concerning a claim, defense or requested remedy, including damages, should be pleaded fully and with specificity.

17.3. Pleadings must contain facts which, if true, are sufficient to constitute a violation of the Pole Attachment Act or a Commission rule or order, or a defense to an alleged violation.

17.4. Averred facts, claims, or defenses shall be made in numbered paragraphs and must be supported by relevant evidence. The contents of each paragraph shall be limited as far as practicable to a statement of a single set of circumstances. Each claim founded on a separate transaction or occurrence and each affirmative defense shall be separately stated to facilitate the clear presentation of the matters set forth. Assertions based on information and belief are prohibited unless made in good faith and accompanied by a declaration or affidavit explaining the basis for the party's belief and why the party could not reasonably ascertain the facts from any other source.

17.5. Legal arguments must be supported by appropriate statutory, judicial, or administrative authority.

17.6. Opposing authorities must be distinguished.

17.7. Copies must be provided of all non-Commission authorities relied upon which are not routinely available in national reporting systems, such as unpublished decisions or slip opinions of courts or administrative agencies. In addition, copies of state authorities relied upon shall be provided.

17.8. Parties are responsible for the continuing accuracy and completeness of all information and supporting authority furnished in a pending complaint proceeding. Information submitted, as well as relevant legal authorities, must be current and updated as necessary and in a timely manner before a decision is rendered on the merits of the complaint.

17.9. Specific reference shall be made to any tariff or contract provision relied on in support of a claim or defense. Copies of relevant tariffs, contracts, or relevant portions that are referred to or relied upon in a complaint, answer, or other pleading shall be appended to such pleading.

17.10. Pleadings shall identify the name, address, telephone number, and email address for either the filing party's attorney or, where a party is not represented by an attorney, the filing party. Pleadings may be signed by a party’s attorney and shall contain the attorney’s West Virginia Bar identification number.

17.11. All attachments shall be Bates-stamped or otherwise numbered sequentially. Parties shall cite to the sequential page numbers in their pleadings.

17.12. Each pleading or other submission must contain a written verification that the signatory has read the submission and, to the best of his or her knowledge, information and belief formed after reasonable inquiry, it is well-grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law; and that it is not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of the proceeding. If any pleading or other submission is signed in violation of this provision, the Commission may upon motion or upon its own initiative, impose appropriate sanctions.

17.13. Parties may petition the Commission for a waiver of any of Rules 17 through 31. Such waiver may be granted for good cause shown.

17.14. A complaint may, on request of the filing party, be dismissed without prejudice as a matter of right prior to the adoption date of any final action taken by the Commission with respect to the complaint. A request for the return of an initiating document will be regarded as a request for dismissal.

17.15. Amendments or supplements to complaints to add new claims or requests for relief are prohibited.

17.16. Failure to prosecute a complaint will be cause for dismissal.

17.17. Any document purporting to be a formal complaint which does not state a cause of action under the Pole Attachment Act, 47 U.S.C. §224, or a Commission rule or order, will be dismissed. In such case, any amendment or supplement to such document will be considered a new filing which must be made within any applicable statutory limitations of actions.

17.18. Any other pleading that does not conform with the requirements of these rules may be deemed defective. In such case the Commission may strike the pleading or request that specified defects be corrected and that proper pleadings be filed with the Commission and served on all parties within a prescribed time as a condition to being made a part of the record in the proceeding.

17.19. Pleadings shall be construed so as to do justice.

17.20. Any party that fails to respond to official correspondence, a request for additional information, or an order or directive from the Commission may be subject to appropriate sanctions.

W. Va. Code R. § 150-38-18 Format and content of complaints

A formal complaint shall contain:

18.1. The name of each complainant and defendant;

18.2. The occupation, address and telephone number of each complainant and, to the extent known, each defendant;

18.3. The name, address, telephone number, email address and West Virginia Bar identification number of complainant's attorney, if represented by counsel;

18.4. Citation to the section of the Pole Attachment Act or Commission rule or order alleged to have been violated; each such alleged violation shall be stated in a separate count;

18.5. Legal analysis relevant to the claims and arguments set forth therein;

18.6. The relief sought, including recovery of damages and the amount of damages claimed, if known;

18.7. Certification that the complainant has, in good faith, discussed or attempted to discuss the possibility of settlement with each defendant prior to the filing of the formal complaint. In disputes between businesses, associations, or other organizations, the certification shall include a statement that the complainant has engaged or attempted to engage in executive-level discussions concerning the possibility of settlement. Executive-level discussions are discussions among representatives of the parties who have sufficient authority to make binding decisions on behalf of the entity they represent regarding the subject matter of the discussions. Such certification shall include a statement that, prior to the filing of the complaint, the complainant notified each defendant in writing of the allegations that form the basis of the complaint and invited a response within a reasonable period of time. A refusal by a defendant to engage in discussions contemplated by this rule may constitute an unreasonable practice. The certification shall also include a brief summary of all additional steps taken to resolve the dispute prior to the filing of the formal complaint;

18.8. A statement explaining whether a separate action has been filed with the Commission, any court, or other government agency that is based on the same claim or same set of facts, in whole or in part, or whether the complaint seeks prospective relief identical to the relief proposed or at issue in a notice-and-comment rulemaking proceeding that is concurrently before the Commission;

18.9. An information designation containing:

18.9.1. The name and, if known, the address and telephone number of each individual likely to have information relevant to the proceeding, along with the subjects of that information, excluding individuals otherwise identified in the complaint or exhibits thereto, and individuals employed by another party; and

18.9.2. A copy, or a description by category and location, of all relevant documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control, excluding documents submitted with the complaint.

W. Va. Code R. § 150-38-19 Joinder of complainants and causes of action

19.1. Two or more complainants may join in one complaint if their respective causes of action are against the same defendant and concern substantially the same facts and alleged violation of the Communications Act or Commission regulation or order.

19.2. Two or more grounds of complaint involving substantially the same facts may be included in one complaint, but should be separately stated and numbered.

W. Va. Code R. § 150-38-20 Answers

20.1. Any defendant upon which a copy of a formal complaint is served shall answer such complaint in the manner prescribed under this section within 30 calendar days of service of the formal complaint by the complainant, unless otherwise directed by the Commission.

20.2. The answer shall advise the complainant and the Commission fully and completely of the nature of any defense, and shall respond specifically to all material allegations of the complaint. Every effort shall be made to narrow the issues in the answer. The defendant shall state concisely its defense to each claim asserted, admit or deny the averments on which the complainant relies, and state in detail the basis for admitting or denying such averment. General denials are prohibited. Denials based on information and belief are prohibited unless made in good faith and accompanied by a declaration or affidavit explaining the basis for the defendant's belief and why the defendant could not reasonably ascertain the facts from the complainant or any other source. If the defendant is without knowledge or information sufficient to form a belief as to the truth of an averment, the defendant shall so state and this has the effect of a denial. When a defendant intends in good faith to deny only part of an averment, the defendant shall specify so much of it as is true and shall deny only the remainder. The defendant may deny the allegations of the complaint as specific denials of either designated averments or paragraphs.

20.3. The answer shall include legal analysis relevant to the claims and arguments set forth therein.

20.4. Averments in a complaint are deemed to be admitted when not denied in the answer.

20.5. Affirmative defenses to allegations in the complaint shall be specifically captioned as such and presented separately from any denials made in accordance with Rule 20.2.

20.6. The answer shall include an information designation containing:

20.6.1. The name and, if known, the address and telephone number of each individual likely to have information relevant to the proceeding, along with the subjects of that information, excluding individuals otherwise identified in the complaint, answer, or exhibits thereto, and individuals employed by another party; and

20.6.2. A copy, or a description by category and location, of all relevant documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control, excluding documents submitted with the complaint or answer.

20.7. Failure to file an answer may be deemed an admission of the material facts alleged in the complaint. Any defendant that fails to file and serve an answer within the time and in the manner prescribed by this part may be deemed in default and an order may be entered against such defendant in accordance with the allegations contained in the complaint.

W. Va. Code R. § 150-38-21 Cross-complaints and counterclaims

21.1. Cross-complaints seeking any relief within the jurisdiction of the Commission against any party (complainant or defendant) to that proceeding are prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint in accordance with these rules. For purposes of this subpart, the term “cross-complaint” shall include counterclaims.

W. Va. Code R. § 150-38-22 Replies

22.1. A complainant shall file and serve a reply within 10 calendar days of service of the answer, unless otherwise directed by the Commission. The reply shall contain statements of relevant, material facts and legal arguments that respond to the factual allegations and legal arguments made by the defendant. Other allegations or arguments will not be considered by the Commission.

22.2. Failure to reply will not be deemed an admission of any allegations contained in the responsive pleading, except with respect to any affirmative defense set forth therein. Failure to reply to an affirmative defense shall be deemed an admission of such affirmative defense and of any facts supporting such affirmative defense that are not specifically contradicted in the complaint.

22.3. The reply shall include legal analysis relevant to the claims and arguments set forth therein.

22.4. The reply shall include an information designation containing:

22.4.1. The name and, if known, the address and telephone number of each individual likely to have information relevant to the proceeding and addressed in the reply, along with the subjects of that information, excluding individuals otherwise identified in the complaint, answer, reply, or exhibits thereto, and individuals employed by another party; and

22.4.2. A copy, or a description by category and location, of all relevant documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control that are addressed in the reply, excluding documents submitted with the complaint or answer.

W. Va. Code R. § 150-38-23 Motions

23.1. A request for a Commission order shall be by written motion, stating with particularity the grounds and authority therefor, including any supporting legal analysis, and setting forth the relief sought.

23.2. Motions to compel discovery must contain a certification by the moving party that a good faith attempt to resolve the dispute was made prior to filing the motion.

23.3. Motions seeking an order that the allegations in the complaint be made more definite and certain are prohibited.

23.4. Motions to dismiss all or part of a complaint are permitted. The filing of a motion to dismiss does not suspend any other filing deadlines under the Commission's rules, unless the Commission issues an order suspending such deadlines.

23.5. Oppositions to motions shall be filed and served within 5 business days after the motion is served. Oppositions shall be limited to the specific issues and allegations contained in the motion; when a motion is incorporated in an answer to a complaint, the opposition to such motion shall not address any issues presented in the answer that are not also specifically raised in the motion. Failure to oppose any motion may constitute grounds for granting the motion.

23.6. No reply may be filed to an opposition to a motion, except as authorized by the Commission.

W. Va. Code R. § 150-38-24 Discovery

24.1. A complainant may file with the Commission and serve on a defendant, within 10 days of filing the complaint, up to 10 written interrogatories. A defendant may file with the Commission and serve on a complainant, within 10 days of filing an answer, up to 10 written interrogatories. A complainant may file with the Commission and serve on a defendant, within 10 days of the reply, up to five additional written interrogatories. Subparts of any interrogatory will be counted as separate interrogatories for purposes of compliance with this limit. Interrogatories filed and served pursuant to this procedure may be used to seek discovery of any non-privileged matter that is relevant to the material facts in dispute in the pending proceeding. This procedure may not be employed for the purpose of delay, harassment, or obtaining information that is beyond the scope of permissible inquiry related to the material facts in dispute in the proceeding.

24.2. Interrogatories filed and served pursuant to Rule 24.1 shall contain an explanation of why the information sought in each interrogatory is both necessary to the resolution of the dispute and not available from any other source.

24.3. Unless otherwise directed by the Commission, within 7 calendar days, a responding party shall file with the Commission and serve on the propounding party any opposition and objections to interrogatories. The grounds for objecting to an interrogatory must be stated with specificity. Unless otherwise directed by the Commission, any interrogatories to which no opposition or objection is raised shall be answered within 20 calendar days.

24.4. The Commission shall determine the scope of, and schedule for answering, any disputed interrogatories based upon the justification for the interrogatories properly filed and served pursuant to Rule 22.1, and any objections or oppositions thereto, properly filed and served pursuant to Rule 24.3.

24.5. Interrogatories shall be answered separately and fully in writing under oath or affirmation by the party served, or if such party is a public or private corporation or partnership or association, by any officer or agent who shall furnish such information as is available to the party. The answers shall be signed by the person making them, and the attorney who objects must sign any objections. The answers shall be filed with the Commission and served on the propounding party.

24.6. The Commission, in its discretion, may allow additional discovery, including, but not limited to, document production and/or depositions, and it may modify the scope, means and scheduling of discovery in light of the needs of a particular case and the requirements of applicable statutory deadlines.

24.7. The Commission may, in its discretion, require parties to provide documents to the Commission in a scanned or other electronic format that:

24.7.1. Indexes the documents by useful identifying information; and

24.7.2. Allows staff to annotate the index so as to make the format an efficient means of reviewing the documents.

24.8. A propounding party asserting that a responding party has provided an inadequate or insufficient response to a discovery request may file a motion to compel within 10 days of the service of such response, or as otherwise directed by the Commission, pursuant to the requirements of Rule 23.

W. Va. Code R. § 150-38-25 Confidentiality of information produced or exchanged

25.1. Any information produced in the course of a formal complaint proceeding may be designated as confidential by either party to the proceeding or a third party if the party believes in good faith that the materials fall within an exemption to disclosure contained in the West Virginia Freedom of Information Act (FOIA), W.Va. Code §29B-1-1 et seq. Any party asserting confidentiality for such materials must:

25.1.1. File with the Executive Secretary’s Office an unredacted hard copy version of the materials that contains the confidential information and clearly marks each page, including cover page, for which a confidential designation is claimed with a bold header stating “Confidential Version.” In addition, all information for which confidential treatment is requested must be identified with the use of bold double square brackets ([[ ]]) at the beginning and end of the material that is redacted in the Public Version. The party claiming confidentiality should restrict its designations to encompass only the specific information that it asserts is confidential. If a confidential designation is challenged, the party claiming confidentiality shall have the burden of demonstrating, by a preponderance of the evidence, that the materials designated as confidential fall under the standards for nondisclosure enunciated in the FOIA and that the designation is narrowly tailored to encompass only confidential information.

25.1.2. File with the Executive Secretary’s Office a public version of the materials that redacts any confidential information and clearly marks each page, including the cover page, of the redacted public version with a bold header stating “Public Version.” The redaction may be actual blacked-out sections, or, blank sections beginning and ending with bold double square brackets and the phrase “redacted material” within the brackets. The redaction shall cover the entire length of redacted text. The redacted document shall be machine-readable whenever technically possible. Where the document to be filed electronically contains metadata that is confidential or protected from disclosure by a legal privilege (including, for example, the attorney-client privilege), the filer may remove such metadata from the document before filing it electronically.

25.1.3. The undredacted version must be filed on the same day as the redacted version.

25.2. An attorney of record for a party or a party that receives unredacted materials marked as confidential may disclose such materials solely to the following persons, only for use in prosecuting or defending a party to the complaint action, and only to the extent necessary to assist in the prosecution or defense of the case:

25.2.1. Support personnel for counsel of record representing the parties in the complaint action;

25.2.2. Officers or employees of the receiving party who are directly involved in the prosecution or defense of the case;

25.2.3. Consultants or expert witnesses retained by the parties; and

25.2.4. Court reporters and stenographers in accordance with the terms and conditions of this section.

25.3. The individuals identified in Rule 25.2 shall not disclose information designated as confidential to any person who is not authorized under this section to receive such information, and shall not use the information in any activity or function other than the prosecution or defense in the case before the Commission. Each such individual who is provided access to the information shall sign a declaration or affidavit stating that the individual has personally reviewed the Commission's rules and understands the limitations they impose on the signing party.

25.4. Parties may make copies of materials marked confidential solely for use by the Commission or persons designated in Rule 23.2. Each party shall maintain a log recording the number of copies made of all confidential material and the persons to whom the copies have been provided.

25.5. The Commission may issue a protective order with further restrictions as appropriate.

25.6. Upon termination of a formal complaint proceeding, including all appeals and petitions, the parties, not including Commission Staff, shall ensure that all originals and reproductions of any confidential materials, along with the log recording persons who received copies of such materials, shall be provided to the producing party. In addition, upon final termination of the proceeding, any notes or other work product derived in whole or in part from the confidential materials of an opposing or third party shall be destroyed. Commission Staff shall return confidential materials to the Executive Secretary or acknowledge to the Executive Secretary that the materials have been shredded. The Executive Secretary shall maintain copies of the materials marked as confidential in closed envelopes or folders until otherwise directed by the Commission.

W. Va. Code R. § 150-38-26 Other required written submissions

26.1. The Commission may, in its discretion, require the parties to file briefs summarizing the facts and issues presented in the pleadings and other record evidence and presenting relevant legal authority and analysis. The Commission may limit the scope of any briefs to certain subjects or issues. Unless otherwise directed by the Commission, all briefs shall include all legal and factual claims and defenses previously set forth in the complaint, answer, or any other pleading submitted in the proceeding.

26.2. Claims and defenses previously made but not reflected in the briefs will be deemed abandoned.

26.3. The Commission may require the parties to submit any additional information it deems appropriate for a full, fair, and expeditious resolution of the proceeding.

W. Va. Code R. § 150-38-27 Status conference

27.1. In any complaint proceeding, the Commission may, in its discretion, direct the attorneys and/or the parties to appear before it for a status conference. A status conference may include discussion of:

27.1.1. Simplification or narrowing of the issues;

27.1.2. The necessity for or desirability of additional pleadings or evidentiary submissions;

27.1.3. Obtaining admissions of fact or stipulations between the parties as to any or all of the matters in controversy;

27.1.4. Settlement of all or some of the matters in controversy by agreement of the parties;

27.1.5. Whether discovery is necessary and, if so, the scope, type, and schedule for such discovery;

27.1.6. The schedule for the remainder of the case and the dates for any further status conferences; and

27.1.7. Such other matters that may aid in the disposition of the complaint.

27.2. Parties shall meet and confer prior to the initial status conference to discuss:

27.2.1. Settlement prospects;

27.2.2. Discovery;

27.2.3. Issues in dispute;

27.2.4. Schedules for pleadings; and

27.2.5. Joint statement of stipulated facts, disputed facts, and key legal issues.

27.2.6. Parties shall submit a joint statement of all proposals agreed to and disputes remaining as a result of such meeting to the Commission on a date specified by the Commission.

27.3. In addition to the initial status conference referenced in Rule 27.1, any party may also request that a conference be held at any time after the complaint has been filed.

W. Va. Code R. § 150-38-28 Separate filings against multiple defendants - Service

28.1. Complaints may not be brought against multiple defendants unless they are commonly owned or controlled, are alleged to have acted in concert, are alleged to be jointly liable to complainant, or the complaint concerns common questions of law or fact. Complaints may, however, be consolidated by the Commission for disposition.

28.2. The complainant shall serve the complaint by electronic, overnight, or hand delivery on either the named defendant or one of the named defendant’s registered agents for service of process on the same date that the complaint is filed with the Commission.

28.3. Upon receipt of the complaint by the Commission, the Commission shall promptly send, by email if available or overnight delivery, to each defendant named in the complaint, notice of the filing of the complaint. The Commission shall issue an order setting a procedural schedule.

28.4. All pleadings and briefs filed in any formal complaint proceeding, as well as all letters, documents, or other written submissions, shall be served by the filing party on the attorney of record for each party to the proceeding, or, where a party is not represented by an attorney, each party to the proceeding either by hand delivery, overnight delivery, or email, together with a certificate of service. Service is deemed effective as follows:

28.4.1. Service by hand delivery that is delivered to the office of the recipient by 5:30 p.m., local time of the recipient, on a business day will be deemed served that day. Service by hand delivery that is delivered to the office of the recipient after 5:30 p.m., local time of the recipient, on a business day will be deemed served on the following business day;

28.4.2. Service by overnight delivery will be deemed served the business day following the day it is accepted for overnight delivery by a reputable overnight delivery service; or

28.4.3. Service by email that is fully transmitted to the office of the recipient by 5:30 p.m., local time of the recipient, on a business day will be deemed served that day. Service by email that is fully transmitted to the office of the recipient after 5:30 p.m., local time of the recipient, on a business day will be deemed served on the following business day.

W. Va. Code R. § 150-38-29 Conduct of proceedings

29.1. The Commission may issue such orders and conduct its proceedings as will best conduce to the proper dispatch of business and the ends of justice.

29.2. The Commission may decide each complaint upon the filings and information before it, may request additional information from the parties, and may require one or more informal meetings with the parties to clarify the issues or to consider settlement of the dispute.

W. Va. Code R. § 150-38-30 Accelerated Docket Proceedings

30.1. Parties to a pole attachment complaint proceeding against a cable television system operator, a utility, or a telecommunications carrier, may request expedited treatment. Proceedings receiving expedited treatment are subject to shorter pleading deadlines and other modifications to the procedural rules that govern pole attachment formal complaint proceedings.

30.2. A complainant may file a motion for expedited treatment at the time a complaint is filed.

30.3. Within five days of receiving service of a pole attachment complaint against a cable television system operator, a utility, or a telecommunications carrier, a defendant may file a motion for expedited treatment.

30.4. The Commission will allow responses to motions for expedited treatment, which must be filed within 5 business days of the filing of the motion unless otherwise ordered by the Commission. The Commission may issue an order, without hearing or further pleadings, granting or denying a motion for expedited treatment. The Commission will attempt, but is not required, to issue such order within fifteen days of filing of the motion.

30.5. In appropriate cases, the Commission may require that the parties participate in pre-filing settlement negotiations or mediation under Rule 31.

30.6. If the parties do not resolve their dispute and the matter is granted expedited treatment, the Commission will establish a procedural schedule.

30.7. If it appears at any time that expedited treatment is no longer appropriate, the Commission may revise the expedited procedural schedule either on its own motion or at the request of any party.

30.8. Commission review of an ALJ recommended decision shall comply with the filing and service requirements of Rule 19 of the Commission Rules of Practice and Procedure, 150 C.S.R 1.19.

W. Va. Code R. § 150-38-31 Mediation

31.1. The Commission encourages parties to attempt to settle or narrow their disputes. Commission Staff is available to conduct mediations. The Commission will determine whether a matter is appropriate for mediation. Participation in mediation is generally voluntary, but may be required as a condition for expedited treatment.

31.2. Parties may request mediation of a dispute at any time as long as a proceeding is pending before the Commission.

31.3. Parties may request mediation by filing a written request for mediation, or including a mediation request in any pleading in a formal complaint proceeding. Any party requesting mediation must verify that it has attempted to contact all other parties to determine whether they are amenable to mediation, and shall state the response of each party, if any.

31.4. The Commission mediator will schedule the mediation in consultation with the parties. The Commission mediator may request written statements and other information from the parties to assist in the mediation.

31.5. In any proceeding to which no statutory deadline applies, the Commission may, in its discretion, hold a case in abeyance pending mediation.

31.6. The parties and Commission mediator shall keep confidential all written and oral communications prepared or made for purposes of the mediation, including mediation submissions, offers of compromise, and the Commission mediator and party comments made during the course of the mediation (Mediation Communications). Neither the Commission mediator nor the parties may use, disclose or seek to disclose Mediation Communications in any proceeding before the Commission (including an arbitration or a formal complaint proceeding involving the instant dispute) or before any other tribunal, unless compelled to do so by law. Documents and information that are otherwise discoverable do not become Mediation Communications merely because they are disclosed or discussed during the mediation. Unless otherwise directed by the Commission, the existence of the mediation will not be treated as confidential.

31.7. Any party or the Commission mediator may terminate a mediation by notifying other participants of their decision to terminate. The Commission mediator shall promptly confirm in writing that the mediation has ended. The confidentiality rules in Rule 31.6 shall continue to apply to any Mediation Communications. Further, unless otherwise directed, any Commission ruling requiring that the existence of the mediation be treated as confidential will continue to apply after the mediation has ended.

Rate = Space Factor x Cost Where Cost in Service Areas where the number of Attaching Entities is 5 = 0.66 x (Net Cost of a Bare Pole x Carrying Charge Rate) in Service Areas where the number of Attaching Entities is 4 = 0.56 x (Net Cost of a Bare Pole x Carrying Charge Rate) in Service Areas where the number of Attaching Entities is 3 = 0.44 x (Net Cost of a Bare Pole x Carrying Charge Rate) in Service Areas where the number of Attaching Entities is 2 = 0.31 x (Net Cost of a Bare Pole x Carrying Charge Rate) in Service Areas where the number of Attaching Entities is not a whole number = N X (Net Cost of a Bare Pole X Carrying Charge Rate), where N is interpolated from the cost allocator associated with the nearest whole numbers above and below the number of Attaching Entities.

(Percentage of Conduit Capacity) (Net Linear Cost of a Conduit)

Simplified as:

If no inner-duct is installed the fraction, "1 Duct divided by the No. of Inner-Ducts" is presumed to be 1/2.

Series 39 Rules Governing Siting Certificates for Solar Exempt Wholesale Generators

W. Va. Code R. § 150-39-1 General

1.1. Scope. -- This legislative rule applies to any entity that intends to construct, or construct and operate, a qualified solar electric generating facility to provide wholesale service as described in W.Va. Code §24-2-1o(n). Qualified applicants electing to proceed under these Rules are not subject to Series 30 Rules Governing Siting Certificates.

1.2. Authority. -- W. Va. Code §§ 24-1-7, 24-2-1o(n) and 24-2-11c.

1.3. Filing Date. -- August 4, 2020

1.4. Effective Date. -- September 3, 2020

W. Va. Code R. § 150-39-2 Definitions

2.1. Exempt Wholesale Generator (EWG) - An electric generating facility to be located in West Virginia that has been designated as an exempt wholesale generator under federal law or will be so designated prior to commercial operation of the facility. As used herein, this term shall also include any Transmission support line associated with the EWG facility.

2.2. Solar EWG siting certificate - A siting certificate issued by the Public Service Commission of West Virginia pursuant to W.Va. Code §24-2-1o.

2.3. Solar EWG generating facility - A West Virginia located EWG facility which is not owned by an electric utility that will generate electricity solely through solar photovoltaic or other solar methods and, if applicable, may store such electricity.

2.4. Transmission support line - A transmission line of less than 200 thousand volts that, except for Rule 3.5., would be certificated by the Commission pursuant to W.Va. Code §24-2-11, and not pursuant to W.Va. Code §24-2-11a.

W. Va. Code R. § 150-39-3 Pre-filing and Filing Requirements

3.1. Any entity intending to file an application for a Solar EWG siting certificate shall, at least fifteen (15) days and no more than ninety (90) days prior to the date it intends to file its application, give the Commission notice by filing with the Commission’s Executive Secretary an original and twelve (12) copies of a letter of notification. The Commission may modify or waive this requirement. A prefiling notice shall expire after 90 days.

3.2. An applicant for a Solar EWG siting certificate may request that information it files in response to discovery requests, or pursuant to these rules be accorded proprietary treatment. The Commission will review such requests pursuant to applicable statutory and case law. Any party asserting confidentiality for such information must: 3.2.1 File with the Executive Secretary’s office an unredacted hard copy version of each document that contains the confidential information. Each page, including cover page, for which a confidential designation is claimed, must be identified with a bold header stating, “Confidential Version.” In addition, all information for which confidential treatment is requested must be identified with the use of bold double square brackets ([[ ]]) at the beginning and end of the material that is redacted in the public version. The party claiming confidentiality should restrict its designations to encompass only the specific information that it asserts is confidential. If a confidential designation is challenged, the party claiming confidentiality shall have the burden to prove that the information designated as confidential falls under the standards for nondisclosure enunciated in the West Virginia Freedom of Information Act, W.Va. Code §29B-1-1, et. seq. and that the designation is narrowly tailored to encompass only confidential information. A motion for protective treatment shall be filed at the same time as the confidential information. 3.2.2 File with the Executive Secretary’s office a public version of each document that contains no confidential information and a public version of each document with the confidential information redacted. Each public version document must be clearly marked on every page, including the cover page, with a bold header stating “Public Version.” The redactions of asserted confidential information may be actual marked-out sections, or, blank sections beginning and ending with bold double square brackets ([[ ]]) with the phrase “redacted material” within the brackets. The blank area within the redaction shall cover the entire length of redacted text. 3.2.3 The confidential version must be filed on the same day as the public, redacted version.

3.3. Within 90 days following the filing of a notice of intent pursuant to Rule 3.1., an applicant shall submit to the Commission’s Executive Secretary an original and twelve (12) copies of its application for a Solar EWG siting certificate. To be accepted for filing as provided in Rule 3.7., an application shall include all information required by these Rules, including Form No. 1, Form No. 2 and Form No. 4. When preparing Form No. 2 attached to these Rules, the applicant should leave blank the date of the order and the case number. The Commission will then issue an order requiring publication of the Notice of Filing. Publication shall be made in newspapers of general circulation in each county in which all or a portion of the proposed Solar EWG generating facility, and, if applicable, a 200,000 volts or over transmission line, is located or will be located and in a newspaper published and of general circulation in Kanawha County. The applicant shall file proof of publication provided by the newspaper(s) with the Commission as soon as possible after the Notice of Filing is published.

3.4. When an applicant seeks authority to construct a Solar EWG generating facility and related transmission line of 200,000 volts or greater, the applicant must simultaneously apply for both a Solar EWG siting certificate and a certificate of public convenience and necessity under W.Va. Code §24-2-11a for the 200,000 volts or greater transmission facilities. The application for the transmission facilities will be assigned a separate docket number. Both dockets will be styled as relating to each other. All documents relating to either the Solar EWG generating facility or the 200,000 volts or greater transmission line will be included in both case files. When an applicant files both a Solar EWG siting certificate application and an application for a certificate of public convenience and necessity to construct a transmission line of 200,000 volts or greater, the Commission will attempt to schedule proceedings to allow it to render its combined decision in both cases within one hundred and fifty (150) days of the application filing date. This rule does not provide the applicant with any assurance that an application under W.Va. Code §24-2-11a will be concluded within one hundred and fifty (150) days.

3.5. When an applicant proposes to construct a Transmission support line of less than 200,000 volts, to be associated with a Solar EWG generating facility, then the applicant shall not be required to file a separate application for a certificate of public convenience and necessity, pursuant to W.Va. Code §24‑2‑11. Rather, the Transmission support line shall be deemed to be an integral part of the Solar EWG generating facility and will be evaluated by the Commission within the 150 day period set forth in W.Va. Code §24-2-1o(n), within the context of the Solar EWG siting certificate application case. However, the applicant must include in its filing all of the information concerning the transmission line as required by the Rules for Government of Electric Utilities, 150 C.S.R. 3, as if it were a separate filing.

3.6. An applicant for a Solar EWG siting certificate may request a waiver for good cause shown of any of the information requirements of Rules 4.1.1. through 4.1.5. of these Rules that is inapplicable to the proposed Solar EWG siting certificate.

3.7. Except for filing requirements that are the subject of a motion for waiver filed contemporaneously with submission of an application, only a complete application will be deemed a filed application. Within fifteen (15) days of submission of an application for a Solar EWG siting certificate, the Commission will determine if the application is substantially complete. If it is not substantially complete the Commission will notify the Applicant by Order of the missing information. The Applicant shall have fifteen (15) days to submit the missing information (date of completion). If the applicant completes the application within fifteen (15) days of the Commission Order, the application will be deemed filed on the date of completion. If the applicant does not submit missing information within fifteen (15) days of the Commission Order, the application will be deemed rejected and will be returned to the Applicant. If the filing is rejected the filing fee will be returned to the Applicant.

W. Va. Code R. § 150-39-4 Application

4.1. In addition to the applicable forms attached to these Rules and information concerning any Transmission support line described in Rule 3.5, if applicable, a completed application shall include the following:

4.1.1. Project summary and Solar EWG generating facility overview. Information filed by the applicant in response to the requirements of this section shall be deemed responses to any other section of the application requirements provided that a cross-reference notation is included in both locations. In general, the summary should be suitable as a reference for state and local governments and for the public. The summary and overview shall include the following:

4.1.1.a. A statement explaining the general purpose of the Solar EWG generating facility.

4.1.1.b. A description of the proposed Solar EWG generating facility.

4.1.1.c. A list of all required government (state, local, federal) approvals and/or permits for the Solar EWG generating facility, and the filing status of each.

4.1.1.d. An explanation of the project schedule.

4.1.2. Description of Solar EWG generating facility.

4.1.2.a. For each generation or storage unit, provide: the type of unit, estimated net demonstrated capability, expected annual capacity factor and expected hours of annual generation or storage output for each year of the first five years of operation.

4.1.2.b. Total Solar EWG generating facility land area requirement.

4.1.2.c. Water requirement, source of water, treatment, quantity of any discharge and names of receiving streams.

4.1.3. A list of any interconnection studies or agreements required and the timetable for completion of those studies or agreements.

4.1.4. The projected in-service date, or dates, for the whole or portions (if applicable), of the Solar EWG generating facility.

4.1.5. Technical data.

4.1.5.a. With respect to any transmission support line, the applicant shall provide plan view drawings depicting the alignment of the transmission support line, transmission tower locations and variations thereof. Applicant shall also include elevation view drawings of the type of transmission tower(s) likely to be used.

4.1.5.b. A description of post-useful life demolition, removal, and disposal plans for facilities and site restoration plans.

4.1.5.c. Electric Storage Facilities. If applicable, a description of the proposed electricity storage equipment.

4.1.5.d. A description of the methods and equipment proposed for control of liquids and site runoff storm water.

4.1.5.e. Local and State Economic Impact. Estimates of the effect of the project on the local and state economy.

4.1.5.f. Permits. A listing of all permits that the applicant will be required to obtain from the US Fish and Wildlife Service, the West Virginia Department of Natural Resources, or any other government authority. The application must include a verified statement that the applicant will comply with all permitting, and other requirements of such other governmental agencies.

4.1.5.g. Project layout. A map that depicts the boundaries of the project and the general layout of the solar array(s) and major structures of the facility. The map must be of sufficient size to enable identification of the geographic location of the facility in relationship to the immediate surrounding landmarks.

W. Va. Code R. § 150-39-5 Application Fee

5.1. Applications submitted for siting of a Solar EWG generating facility shall be accompanied by an application fee equaling the lesser of $100.00 per megawatt or $40,000.00.

W. Va. Code R. § 150-39-6 Requirements of Other Agencies and Conditions

6.1. If the applicant has not obtained required permits or approvals from other governmental agencies prior to the Commission issuing a decision, the Commission may issue a Solar EWG siting certificate contingent upon receipt of such permits/approvals. The Commission may also grant a Solar EWG siting certificate subject to other conditions determined to be reasonable and necessary by the Commission.

W. Va. Code R. § 150-39-7 Modification or Amendment to Solar EWG Siting Certificates. 7.1 An owner or operator of a Solar EWG generating facility must obtain Commission approval to eliminate or modify any terms, conditions or limitations in the Commission order approving a solar siting certificate. Further the owner or operator must obtain prior Commission approval to make any material modification to the Solar EWG generating facility as approved by the Commission, including but not limited to, modifying the footprint of the Solar EWG generating facility or increasing the transmission or generation capacity of the Solar EWG generating facility. If the owner or operator believes that, when considering the totality of the circumstances surrounding any elimination or modification of the terms and conditions of the certificate or material modification of the Solar EWG generating facility, the change is not material, it may petition the Commission for waiver of the requirement to obtain a modification or amendment to its Solar EWG siting certificate. The Commission may deny or grant such request or it may limit the information required to be filed, depending on the circumstances of the proposed modification

7.2. An owner or operator shall request Commission approval of a modification or amendment to a Solar EWG siting certificate using Form No. 3, attached to these Rules.

7.3. Any application for Commission approval of a waiver or modification of a condition previously ordered by the Commission and accepted by the original applicant or for a material modification to the Solar EWG generating facility shall be accompanied with an application fee equaling the greater of $500.00 or one tenth of one percent (.001) of the projected capital cost incurred or eliminated by the proposed waiver or modifications, provided, however, that the fee shall not exceed $40,000.00. § 15 0-39-8. Standard of Review

8.1. The Commission will grant an application for a Solar EWG siting certificate or modification, if the Commission finds the construction of the facility or modification is not contrary to the public interest.

W. Va. Code R. § 150-39-9 Transfer or Assignment of Siting Certificate

9.1. If an owner or operator of a Solar EWG generating facility plans to transfer or assign its Solar EWG siting certificate to another entity, the owner or operator shall, at least 30 days prior to the closing date of such transfer or assignment, provide the Commission with notice of the identity of the transferee, the mailing address of the transferee, the names and mailing addresses of the managing members or officers of the transferee, and an affidavit of the transferee stating that the transferee agrees that it is bound by all terms and conditions of the Solar EWG siting certificate for the Solar EWG generating facility.

W. Va. Code R. § 150-39-10 Civil Penalties

10.1. Civil penalties imposed and collected by the Commission pursuant to W. Va. Code § 24-2-11c(f) shall be deposited in a special fund designated public service commission fund as established in subsection (a), section six [§24-3-6], article three of Chapter 24 of the West Virginia Code, to be used for the purposes set forth in that subsection.

APPLICATION FOR A SOLAR EWG SITING CERTIFICATE

State of West Virginia Public Service Commission Charleston Case No. __________________________ Application of ___________________________________________________ for an electric generating facility Solar EWG siting certificate in the County(ies) of _______________ ________________________ (add whichever of the following are applicable) [including a related ____ mile _____ kV (must be less than 200 kV) Transmission support line] [and for a certificate of public convenience and necessity, pursuant to W. Va. Code § 24-2-11a, for a related ____ mile kV transmission line to be located in the County(ies) of _______________________________.]

Comes now the above-named ________________________________________, the applicant herein, and respectfully shows the Commission as follows:

1. That the name and address of the applicant are ___________________________________ ________________________________________________________________________.

2. That the applicant proposes to _________________________________________________ ______________________________________________________________________________, at _________________________________(city/town), in the County of ____________________ ____________________________________.

3. Attached hereto is a copy of the effective charter of incorporation of the applicant.

4. A certificate should be issued for the following reasons: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________.

Dated this ______________________ day of __________________, ________________. _______________________________________(Signature of authorized representative of applicant) _______________________________________Title of signer (President or other officer) _______________________________________Attorney.

Address: ______________________________________________________________________ PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Entered by the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the ___ day of ________, 2.

CASE NO.______________________________

[NAME OF APPLICANT] [address of applicant]

Application for a Solar EWG Siting Certificate to Authorize the Construction and Operation of a Wholesale Electric Generating Facility in _______________________ County, West Virginia.

NOTICE OF FILING

[INSERT MAP]

On [date], ________________[the Applicant]_______, filed an application for a Solar EWG Siting Certificate, pursuant to W. Va. Code § 24-2-1o(n), to authorize the construction and operation of a solar electric wholesale generating facility (the Facility) [including a related transmission line of less than 200 kV in ­­­­­ County(ies)________] or [and for a Certificate of Public Convenience and Necessity, pursuant to W. Va. Code § 24-2-11a, to construct and operate a high voltage transmission line] in _County(ies.] The application is on file with and available for public inspection at the Public Service Commission, 201 Brooks Street, in Charleston, West Virginia. Upon its completion, the Facility [and the transmission line] will be used by the Applicant to generate electricity exclusively for wholesale in the competitive wholesale market in West Virginia and other locations.

The Applicant is owned by _______________. The Applicant proposes to construct a ____ MW solar electric generating facility and certain ancillary facilities, [and to construct transmission lines to interconnect the Facility with ______________________ ] and related appurtenances on a tract of land located ______________________________.

The Applicant estimates that construction of the Facility will cost approximately ______________________________. [The Applicant estimates that construction of the transmission line will cost approximately ____________________________.]

The Applicant asserts that the Facility, including any associated transmission line(s) incidental to the Facility and operating below 200,000 volts, are not West Virginia jurisdictional utility services provided to Form No. 2 Page 2 the public, and there will be no direct impact to West Virginia ratepayers. Rates charged for electricity sold by the Facility will be subject to regulation by the Federal Energy Regulatory Commission (“FERC”) Nonincidental transmission lines operated above 200,000 volts will provide utility service subject to the jurisdiction of the FERC for wholesale transmission to entities other than end-users of electricity.

The Facility will be an exempt wholesale generator as defined under Section 32(a) of the Public Utility Holding Company Act of 1935 or other superseding federal law.

The Applicant will enter into an interconnection and operating agreement with PJM Interconnection, L.L.C., a regional transmission organization, which will govern the Facility’s interconnection at ____________________________________ which is located ______________[describe proximity to the Facility]________________. The Applicant, or the purchasers of the electricity generated by the Facility, will enter into transmission service agreements with ________________ to govern the transmission of the electricity across ____________________’s facilities. Such transmission of electricity will be subject to the terms of ________________’s Open Access Transmission Tariff on file with the FERC. The transmission line will not compete with other utilities and will be for the sole purpose of transmitting the electricity generated at the Facility onto the grid for the wholesale market.

The marked transmission corridor boundaries on the above map indicates the location of the corridor in which the transmission line will be located. The corridor begins near _________________ and proceeds directly to ________________ [describe path of the line, length, compass directions]________________.

Anyone desiring to intervene should file a written petition to intervene within 30 days following the date of this publication unless a later date is authorized by Commission order. Failure to timely intervene can affect your right to protest aspects of this Solar EWG siting certificate case for the Facility [and this certificate of public convenience and necessity case for the transmission line], or to participate in future proceedings. Letters of protest and comment may be filed at any time during processing of the application. All protests or requests to intervene should briefly state the reason for the protest or intervention. Requests to intervene must comply with the Commission’s rules on intervention set forth in the Commission’s Rules of Practice and Procedure. All protests and interventions should be addressed to Executive Secretary, P. O. Box 812, Charleston, West Virginia 25323.

In the absence of substantial protests within the thirty (30) day period, the Commission may waive formal hearing and grant the application based on the evidence submitted with said application and its review thereof.

[NAME OF APPLICANT]

APPLICATION FOR MODIFICATION TO

OR AMENDMENT OF A SOLAR EWG SITING CERTIFICATE

State of West Virginia Public Service Commission Charleston Case No. __________________________ Application of __________________________________________________________________ for modification to or amendment of an existing electric generating facility Solar EWG siting certificate in the County of __________________________________________________ [and for modification to or amendment of an existing certificate of public convenience and necessity for a related ____ mile, _____ kV transmission line located in the County(ies) of _______________________________.]

Comes now the above-named ________________________________________, the applicant herein, and respectfully shows the Commission as follows:

1. That the name and address of the applicant are ___________________________________ ________________________________________________________________________.

2. That the applicant proposes to ________________________________________________ _____________________________________________________________________________, at _________________________________(city/town), in the County of ____________________ ____________________________________.

3. Attached hereto is a copy of the effective charter of incorporation of the applicant.

4. Commission approval of the requested modification or amendment should be granted for the following reasons: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________.

Dated this ______________________ day of __________________, ________________. _______________________________________(Signature of authorized representative of applicant) _______________________________________Title of signer (President or other officer) _______________________________________Attorney.

Address: _______________________________________________________________________ [NAME OF APPLICANT] [address of applicant]

Application for a Solar EWG Siting Certificate to Authorize the Construction and Operation of a Wholesale Electric Generating Facility in _______________________ County, West Virginia filed on _________[date].

This form sets forth the minimum amount of information that should be included in an application for a Solar EWG siting certificate ⬜ 1. Completed Form No. 1 (Rule 3.3). ⬜ 2. Completed Form No. 2 (Rule 3.3). ⬜ 3. Completed Form No. 4 (Rule 3.3). ⬜ 4. If the Solar EWG generating facility has a transmission line of 200,000 volts or greater, file an application for a certificate of public convenience and necessity under W.Va. Code §24-2-11a for the 200,000 volts or greater transmission line (Rule 3.4). ⬜ 5. If the Solar EWG facility has a transmission line of less than 200,000 volts, file all of the information concerning the transmission line as required by the Rules for Government of Electric Utilities, 150 C.S.R. 3 (Rule 3.5). ⬜ 6. Project summary, including a statement of the general purpose of the facility, a description of the proposed Solar EWG generating facility, a list of all required government (state, local, federal) approvals and/or permits for the Solar EWG generating facility, and the filing status of each, and an explanation of the project schedule (Rule 4.1.1.). ⬜ 7. Description of the Solar EWG generating facility including the type of unit, estimated net demonstrated capability, expected annual capacity factor and expected hours of annual generation or storage output for each year of the first five years of operation, the total Solar EWG generating facility land area requirement, and the water requirement, source of water, treatment, quantity of any discharge and names of receiving streams (4.1.2). ⬜ 8. A list of any interconnection studies or agreements required and the timetable for completion of those studies or agreements (Rule 4.1.3.). ⬜ 9. The projected in-service date or dates for the whole or portions of the Solar EWG generating facility (Rule 4.1.4.). ⬜ 10. Plan view drawings depicting the alignment of the transmission line, transmission tower locations and likely variations thereof, if applicable. Applicant shall also include elevation view drawings of the type of transmission tower(s) likely to be used (Rule 4.1.5.a.). ⬜ 11. A description of post-useful life demolition, removal, and disposal plans for facilities and site restoration plans. (Rule 4.1.5.b.). ⬜ 12. If applicable, a description of the proposed electricity storage equipment. (Rule 4.1.5.c.). ⬜ 13. A description of the methods and equipment proposed for control of liquids and site runoff storm water. (Rule 4.1.5.d.).

Form No. 4 Page 2 ⬜ 14. Estimates of the effect of the project on the local and state economy (Rule 4.5.1.e.). ⬜ 15. A listing of all permits that the applicant will be required to obtain from the US Fish and Wildlife Service, the West Virginia Department of Natural Resources, or any other government authority, with a verified statement that the applicant will comply with all permitting, and other requirements of such other governmental agencies. (Rule 4.1.5.f.). ⬜ 16. A verified statement that the applicant will comply with all permitting, and other requirements of such other governmental agencies (Rule 4.1.5.f.). ⬜ 17. Map depicting the boundaries of the project and the layout of the facility. (Rule 4.1.5.g.). ⬜ 18. Application Fee (Rule 5.1).

Series 40 Trench Sharing Rules

W. Va. Code R. § 150-40-1 General

1.1. Scope. -- The following rules govern the procedure for filing and processing trench sharing formal complaints. Due to the statutory obligation for the Commission to resolve such formal complaints within 45 days of filing, these rules apply to such formal complaints, to the exclusion of Rules 6 and 7 of the Rules of Practice and Procedure, 150 WVCSR Series 1. In the event of a conflict between these rules and the Rules of Practice and Procedure, these rules govern. The Rules of Practice and Procedure apply to trench disputes except to the extent that these rules differ from the Rules of Practice and Procedure.

1.2. Authority. -- W. Va. Code §17-2E-5.

1.3. Filing Date. -- November 14, 2022.

1.4. Effective Date. -- January 13, 2023.

W. Va. Code R. § 150-40-2 Application of rules; Formal Complaints

2.1. Application of rules.

If hardship results from the application of any rule contained within these rules, or if unusual difficulty is involved in immediately complying with any rule, or upon other good cause shown, an applicant may request that the Commission grant a temporary or permanent modification, exemption or waiver from its provisions. The Commission will not consider any application for modification, exemption or waiver in the absence of a full and complete justification for such action.

2.2. The contact information for the Commission is:

Public Service Commission of West Virginia 201 Brooks St.

P.O. Box 812 Charleston, WV 25323 Main switchboard telephone 304-340-0300 Main telefax 304-340-0325 Web site: www.psc.state.wv.us

2.3. Formal complaints.

2.3.1. Any telecommunications carrier may complain to the Commission by petition substantially in the form of Form No. 1 of the Rules of Practice and Procedure of anything done or omitted to be done by any other telecommunication carrier regarding an application to the Division of Highways (DOH) to install telecommunication facilities in a DOH trench and a request by another telecommunications carrier to share such trench.

2.3.2. A formal complaint must state the names of all parties in full without abbreviation, and the mailing and email addresses and telephone numbers (if available) of each complainant with the name, mailing and email addresses, telephone numbers and West Virginia Bar ID Number of his/her attorney, if any.

2.3.3. A formal complaint shall fully and completely advise the defendant or defendants and the Commission of the provision or provisions of the law that have been or will be violated. The formal complaint shall state each distinct charge concisely in a separate paragraph. The formal complaint shall state specifically the relief sought. If the relief sought includes a determination of an allocation of trench sharing expense, the complaint must present in full the basis for the complainant’s proposed cost allocation. The formal complaint shall include as an attachment all correspondence exchanged between the complainant and the DOH concerning the trench(es) at issue, and between the complainant and all defendants concerning the trench(es) at issue, which do not constitute confidential settlement material. If the complainant wishes to undertake any discovery in the case, the complainant must include a discovery request with the complaint.

2.3.4. A formal complaint shall be signed and sworn to as set forth on Form No. 1 of the Rules of Practice and Procedure.

2.3.5. Upon the filing of a formal complaint and the issuance of an order to investigate, the Commission will require that a copy of the complaint be served on each defendant, together with a copy of an order requiring each defendant to satisfy or answer the complaint within five (5) days. Such service shall be by email or first class mail unless otherwise ordered.

2.3.6. When substantial issues are raised, the Commission may set a time and place for an evidentiary hearing at the Commission’s offices in the City of Charleston or elsewhere in the State at the Commission’s discretion. If a formal complaint does not present substantial issues of fact requiring a hearing, the Commission may issue an order on the merits based on the information contained in the file.

2.3.7. The complainant must in all cases establish the facts alleged to constitute a violation of the law, unless the defendant admits the same or fails to answer the complaint.

2.3.8. In case of failure to answer, the Commission may hear proof of facts as the Commission deems proper and reasonable, and may investigate and enter an order justified by the facts and circumstances.

W. Va. Code R. § 150-40-3 Answer

3.1. Answer to Formal Complaint. -- Within five (5) days from the date of service of the complaint each defendant named in the complaint shall file an answer, duly verified, and substantially in the form of Form No. 2 of the Rules of Practice and Procedure. The Commission may shorten or extend the five (5) day period when it deems advisable.

3.2. Content. -- The answer shall fully and completely advise the parties and the Commission of the nature of the defense, and shall admit or deny specifically and in detail each material allegation of the pleading answered. The answer shall attach any relevant written documents omitted from the complaint. If the relief sought includes a determination of an allocation of trench sharing expense, the defendant must present in full the basis for the defendant’s proposed cost allocation. If the defendant wishes to undertake any discovery in the case, the defendant must include a discovery request with the answer.

3.3. Satisfaction. -- If a defendant satisfies a formal complaint, it shall file a verified statement to that effect. The complainant shall have five (5) days to file a response if the complainant disputes that the complaint has been satisfied. If the complainant does not file such a response, the Commission will then consider whether the proceeding should be dismissed.

3.4. Computation of Time. -- In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the computed period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday or a legal holiday. When calculating a period of time from the date of service of a notice or other paper, the date of service shall be the date the sender certifies in writing that he or she emailed or mailed an item by first class mail, or the date of personal service.

W. Va. Code R. § 150-40-4 Discovery

4.1. Discovery Requests.

4.1.1. “Discovery requests” as used in these rules, include interrogatories, requests for the production of documents and things, and requests for admissions. Discovery requests do not include Staff or Commission requests made pursuant to statutory authority.

4.1.2. A party may serve discovery requests in writing upon the attorney for a party, if such party is represented by an attorney, or directly upon unrepresented parties, by first class mail, email or by hand delivery. Discovery requests must be pertinent to substantial issues in the proceeding. Copies of discovery requests, together with a certificate of service, shall be filed with the Executive Secretary and served upon all parties.

4.1.3. Parties served with discovery requests shall respond to each request separately and fully, in writing. The responses shall re-state each request, and give the response to that request. The party responding shall verify the responses. If responses prepared by several persons are compiled by one person the person compiling the responses shall verify the responses one time. Responses to discovery requests shall be served within seven (7) days after such discovery requests were served, or within such specified time as may be fixed by the Commission. Responses shall be served only upon the requesting party and any other party that has made a written request for the responses. The party responding shall file one (1) copy with the Executive Secretary.

4.1.3.a. Responses to discovery requests are not part of the evidentiary record of a case unless identified responses are made a part of the record by the parties or by Commission order.

4.1.4. The party responding to discovery requests shall file any written objections to discovery requests within seven (7) days after service of discovery requests or such shorter time as directed by the Commission. The responding party may defer responses to discovery requests to which it has made objection until the Commission rules on any motion to compel. If a motion to compel is granted, the responses shall be served within two (2) days after notice of the Commission’s action, or as otherwise ordered by the Commission.

4.1.5. Objections to discovery requests not timely filed are waived, except for good cause shown.

4.1.6. The Commission will not resolve discovery disputes unless a motion is filed seeking Commission action. The parties have the responsibility to file timely discovery motions, including motions to compel the production of information or motions seeking protective orders.