2 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2006-016

 

DEPARTMENT OF LABOR AND ECONOMIC GROWTH CONSUMER AND INDUSTRY SERVICES

 

PUBLIC SERVICE COMMISSION

 

FILING PROCEDURES FOR ELECTRIC, WASTEWATER, STEAM, AND GAS UTILITIES

 

Filed with the Secretary of State on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

Draft January 12, 2007

 

(By authority conferred on the public service commission by section 7 of 1909 PA 106, as amended, section 2 of 1909 PA 300, as amended, sections 5 and 7 of 1919 PA 419, as amended,section 6 of 1939

PA 3, as amended,sections 3, 9, and 231 of 1965 PA 380, as amended, and section 17 of 1967 PA 9, as

amended, MCL 460.557, MCL 462.2, MCL 460.55, MCL 460.57, MCL 460.6, MCL 16.103, MCL 16.109, and MCL 16.331, and MCL 486.567)

 

R 460.2011, R 460.2012, R 460.2021, R 460.2022, R 460.2023, R 460.2024, and R 460.2031 are

amended as follows:

PART 1. GENERAL PROVISIONS R 460.2011 Scope.

Rule 11. These rules prescribe the procedure to be followed by Aall electric, wastewater, steam, and gas utilities under the commission’s jurisdiction of the commission in shall use these rules when filing the following materials documents with the commission:

(a)    Rate schedules.

(b)    Rules and regulations.

(c)    Standard customer forms index.

(d)    Special Ccontracts.

 

R 460.2012 Definitions.

Rule 12. As used in these rules:

(a) “Commission” means the Michigan public service commission.

(b)   “Effective date” means the date when the tariff sheet must be followed.

(c)   “Issue date” means the date the utility files a tariff sheet with the commission.

(b)(d) “Rate book” means the complete set of utility filings submitted in accordance with these rules. assembled rate schedules, rules, regulations, and standard forms of the utility as filed with the commission.

 

 

(c)(e) “Rate schedule” or “rider” means the rate or charge for a particular classification of service, including all special terms and conditions under which the service is furnished at the such prescribed rate or charge.

(d)(f) “Rate sheets”or “tariff sheet” means any of the documents filed in accordance with R 460.2022. 1 or more rate schedules, rules, regulations, or standard forms.

(e)(g) “Rules and regulations” or “regulations” or “rules and regulations” means the rules, regulations, practices, classifications, exceptions, and conditions that the utility must observed when providing by the utility in supplying service.

(h) “Special contract” means an electric, steam, or gas rate schedule for utility service provided to a customer under a negotiated agreement providing rates or rules and regulations other than those listed in the utility’s rate book.

(f)(i) “Standard customer forms index” means a listing showing the number, title, and revision date for all standard contract or agreement forms, in any format (preprinted or electronically preformatted) that the utility uses to document contracts or other agreements that create or alter a customer’s rights or responsibilities in dealings with the utility. specifically referred to within the rate book for execution between the utility and customers.

 

PART 2. RATE BOOK

 

R 460.2021 General filing instructions.

Rule 21. (1) When the commission directs a utility to file rate schedules, rules and regulations, or special contracts, the utility shall submit an electronic copy of the document in the form prescribed in the commission order to an electronic mailbox designated by the commission staff.                 Five copies of all rate schedules, rules, regulations, or standard forms, in the form prescribed, shall be submitted to the commission in compliance with an order of the commission. After acceptance, 1  stamped copy shall be returned to the utility. This copy shall be notice to the utility that the filing has  been accepted. All rate sheets submitted to the commission for filing shall be accompanied by a letter of  transmittal which lists the sheets being transmitted.

(2)   When submitting filings, the utility shall also submit a transmittal letter listing the tariff sheets being filed, the reason or reasons for the filing, and the commission order or orders to which the filing responds.

(3)   After accepting a filing, the commission staff shall return an electronically stamped copy of the utility’s filing and a filing acceptance letter to the utility. The acceptance letter, the utility’s transmittal letter, and the stamped copy of the filing returned to the utility signify that the commission staff accepted the filing.

 

R 460.2022 Size and form.

Rule 22. (1) All rate schedules, rules, and regulations shall be filed with the commission in loose-leaf form Utilities shall submit all filings electronically, formatted for printing on 8-1/2 by 11-inch sheets with a 1-inch left-hand margin. Printed or typed on 1 side of the sheet only. A good grade of  durable quality paper shall be used. A sufficient margin shall be allowed on each sheet for a left-hand binding edge so that all printed matter is in view when the rate book is open.

(2)   The format of each filing shall include A a blank 2-inch square area shall be left blank at the bottom center of each printed sheet for placement of to provide space for the commission's stamp of acceptance or approval and a 1-inch square blank space at the bottom right or left corner of each printed sheet to provide space for the commission’s cancellation stamp. (See figure 1).

 

 

(3)   Sections. All of the following sections shall appear in each rate book in the order shown Rate  books shall consist of the following sections in the order named:

   (a) Front cover page.

(a)(b) Title page.

(b)(c) Index.

(c)(d) Table of contents checklist. (d)(e) Description of territory served. (e)(f) Index of communities served.

(f)(g) Technical terms and abbreviations.

(g)(h) Miscellaneous.

(h)(i) Rules and regulations.

(i)(j) Rate schedules and riders.

(j)(k) Standard customer forms index.

  (l) Back cover page.

  (4) Figure 1 reads as follows:

 

     **** INSERT MISSING TABLE OR CHART - SEE ORIGINAL MANUSCRIPT ****

R 460.2023 Numbering and general data to appear on each sheet.

Rule 23. (1) Tariff sheet numbers. Every sheet in each the rate book shall be numbered using a decimal numbering system or equivalent, except for the front and back covers. A decimal system of  numbering or equivalent shall be adopted, as described in subrules (3) and (4) of this rule, so that a  new or additional sheet may be inserted in its logical place in the

proper section of the rate book.

(2) Commission number and utility name. Each utility shall assign a unique All rate books shall be given a commission number (M.P.S.C. number) to each rate book, which shall appear in the upper left-hand corner of every sheet, except for the front and back covers. A suffix that denotes the The first rate book issued by a utility shall be designated as M.P.S.C. No. 1, and any subsequent issue of a complete new rate book shall be given the next successive number, except as may otherwise be provided or directed. If the name of the utility is changed, the new rate book shall be M.P.S.C. No. 1.  The M.P.S.C. number shall be followed by the type of utility service provided shall be used with the

M.P.S.C.  number, for example:, such as “ M.P.S.C. No. 1--Gas.” All of the following shall apply:

(a)   The utility name of the utility shall appear on each sheet under the M.P.S.C. number or at the top center of the tariff sheet.

(b)(3) Each utility shall designate its first rate book as M.P.S.C. No. 1. Unless the commission directs otherwise, each utility issuing a complete new rate book shall assign the next serial

M.P.S.C. number to the reissue.

(c) If a utility changes its name, its new rate book shall be M.P.S.C. No. 1.

(3) Original tariff sheet markings. Utilities shall mark The first issue of every sheet in the rate  book shall be marked “Original Sheet No. ....” in the upper right-hand corner of each original tariff the sheet.

First revised sheet No. 5.1 Cancels original sheet No. 5.1

 

 

(5)  Issue markings. Utilities shall mark all of the following information Every sheet, except for  the front and back covers, shall have all of the following information in the lower left-hand corner of every tariff the sheet:

(a)    The issue date of issue.

(b)    The utility issuing officer’s name and title of the issuing officer of the utility.

(c)    The city and state of the utility’s main office.

(6)  Effective date. Utilities shall mark the effective date Every sheet containing a rate schedule, rule or regulation, or rider shall have the effective date in the lower right-hand corner of every tariff the sheet containing a rate schedule, rider, or rule and regulation, for example,

Effective for service rendered on and after January 1, 2006. Effective for bills rendered on and after January 1, 2006.

The term "effective date" shall be construed as follows:

  (a) On an original sheet, the effective date is the date on and after which the rate schedule, rules, or regulations shown on the sheet become effective.

  (b) On a revised sheet, the effective date is the date on and after which the revision of the rate schedule, rules, or regulations become effective.

(7)  Commission approval. Utilities shall mark Eevery tariff sheet containing a rate schedules, riders, or rules and or regulations, or rider, approved by formal order of the commission order, shall have the following notation at in the lower right-hand corner as shown of sheet:

Issued under authority of the Michigan Public Service Commission, dated.........................in Case No. ..................... .

(8)  Change markings. Each utility shall use adopt a system for marking revised tariff sheets so that indicating the nature and extent of changes to the revision of rate schedules, rules, or regulations are readily apparent. When the utility creates an entirely new “original” tariff sheet for a new rate schedule, rider, or rules and regulations, all prior change markings may be dropped. contained on  a revised sheet so that such revisions can be readily recognized.

 

R 460.2024 Description of individual sheets and sections.

Rule 24. (1) Front cover page. The front cover page shall adequately identify the volume as the rate  book filed by the particular utility with the commission for the sale of electricity, water, steam, or gas.

  (2) Title sheet. The title sheet shall be the first numbered page (tariff a repetition of the front cover, except that it shall be sheet number 1 of the rate book (upper right-hand corner) and shall be marked as specified in have thereon all the general information required by R 460.2023.

(2)(3) Index. The rate book shall contain an index listing the number and title of every Each rule or regulation, rate schedule, and rider, or rule and regulation shall be listed in the order that they appear in the rate book. Unless the commission staff allows otherwise, the and shall be appropriately identified by rule, rate, or rider number and title. The index shall be amended whenever any change or addition is made in the rate book, except where waived by commission staff.

(3)(4) Table of contents-checklist. Each sheet of the rate book shall include a table of contents- checklist that lists, in sequential order, each tariff sheet, be listed by sheet number, including the revision, and the number and effective date or cancellation date. Unless the commission staff allows otherwise, the, in a table of contents-checklist. The table of contents shall be amended whenever any change or addition is made in the rate book, except where waived by the commission staff.

(4)(5) Description of territory served. Each rate book shall include a list of List the communities, townships, and counties receiving services controlled by the rate book. If available, a served. A map of (8-1/2 by 11 inches) showing the territory served shall also be included, if available formatted for printing on 8-1/2 by 11-inch sheets.

 

 

(5)(6) Index of communities served and applicable to rate schedules. If the utility rates vary by location within the utility’s service territory, then each utility rate book shall contain an index showing the This index shall list each community and communities, townships, and counties served and shall indicate for each the rate schedules that apply to each. available to customers located   therein. If the utility’s rate schedules are uniform throughout the utility’s service territory and each rate schedule clearly indicates that uniformity, with respect to communities served, for example, the same rates are available throughout the entire territory, this section division of the schedules of rates

may be omitted if the description of territory served is complete and if each rate schedule clearly states that it is available throughout the utility's entire territory.

(7)(8) Miscellaneous. Each rate book shall include a section for Information of a general information not suitable for the other sections. nature that does not belong under any of the specified captions shall be placed in this section. For example, if If rates in certain communities are claimed to be governed by franchise, permits, or agreements, then those agreements shall be described in this section it shall be so stated.

(8)(9) Rules and regulations. Each rate book shall include an index listing all the commission- issued administrative rules that apply to the utility, which shall be incorporated into the utility rate book by reference in this index. Each rate book shall also include an index to and a copy of any utility-issued rules and regulations that supplement or modify the application of the commission’s administrative rules to a customer. Each utility-issued rule and regulation shall be assigned a title and a unique reference letter or number. The 2 indices may be combined. Both indices shall clearly indicate any rate schedules to which a listed rule and regulation does not apply. This section shall include all rules and regulations relative to the utility services furnished which are general and apply to all or many of the rate schedules. Rules and regulations shall be lettered or  numbered and titled so that convenient reference can be made to them. If a general rule or regulation  does not apply to a particular rate schedule, that fact shall be clearly stated.

(9)(10) Rate schedules. Except for special contract rates, all rate Rate schedules shall be placed in and made a part of the rate book and organized as follows:

(a)    Rate schedules shall be placed in the following sequence: All rate schedules shall be placed in, and made a part of, the rate book, except for special contract rates (see part 3).

  (b) If information pertaining to an individual rate schedule cannot be placed on 1 sheet, place the note "continued to sheet No. ......" at the bottom of the sheet and "continued from sheet No. ......" at the top of the next sheet.

  (c) The sequence of arrangement for rate schedules in the rate book shall be as follows:

(i)    Rate schedules for residential (domestic) service.

(ii)    Rate schedules for rural service.

(iii)    Rate schedules for commercial service.

(iv)    Rate schedules for industrial service.

(v)    Rate schedules for municipal service.

(vi)    Rate schedules for general availability, miscellaneous, or special services.

(b)(d) Only 1 rate schedule shall be placed on a single tariff sheet. If an individual rate schedule requires more than one sheet, sheets that are continued shall be marked “continued to sheet No.

. . .” at the bottom. Sheets that continue from a prior page shall be marked “continued from sheet No. . . . “ at the top below the tariff sheet heading.

 

 

(c)(e) As applicable, the The following information, if applicable, shall be shown in connection with every rate schedule:

(i) Who may take or use the service, and the territory to which the rate is applicable.

(ii) The territory where the rate is applicable unless the rate is open to all territories served by the utility.

(iii)(ii) Hours service is available unless the service schedules are the same as stated elsewhere in the rate book.

(iv)(iii) Character of service, such as continuous, limited, or standby. Unless stated elsewhere in the rate book, each rate schedule shall display the The current characteristics for the electric, wastewater, steam, and gas service and the heating value for gas service for the entire territory served shall be stated, unless shown elsewhere in the rate book.

(v)(iv) Rate or rates.

(vi)(v) Discount or other terms of payment.

(vii)(vi) Minimum charge.

(viii)(vii) If rates are subject to contract or agreement, give the number The term and form of the contract used or a statement that no contract is or agreement form and the term required. If they are not, so state.

(ix)(viii) The number and titles of any If special rules or regulations in the rate book that apply to a rate and the rate schedules if those special rules or regulations are not printed on the rate schedule tariff sheet. as a part of the rate, definite reference to such special rules, which shall be printed elsewhere in the rate book, shall be made on the rate schedule sheet.

(d) Cancellations. All of the following apply:

(i)    Where the rate schedule is to be cancelled, the rate schedule tariff sheet or sheets shall be replaced with a revised tariff sheet, numbered according to R 460.2023(4), that states “This sheet has been cancelled and is reserved for future use.”

(ii)    If several consecutive tariff sheets are to be cancelled, the sheets may be replaced with 1 revised tariff sheet that lists the numbers of the cancelled sheets and the revised number of each sheet on the page and that states “These sheets have been cancelled and are reserved for future use.”

(iii)    When any tariff sheet is cancelled, the table of contents-checklist shall be updated to show the cancelled page or pages.

(e)(f) Standard customer forms index.  All of the following apply:

(i) Each utility shall submit a listing, by number, title, and revision date, of all standard forms in any format (preprinted or electronically preformatted) that the utility uses to document contracts or other agreements that create or alter a customer’s rights or responsibilities in dealings with the utility. An exact copy of every uniform contract, agreement, service application, or other form which pertains to subscriber or customer services shall be placed in the standard forms section in the rate book or, if voluminous, in a separate binder with proper reference to them in the rate book. All forms shall be given a number so that reference can be made to them. When any such form is charged, altered, or  amended, the revised issue shall be filed with the commission before the form is used.

(2)   Utilities shall give each standard form a unique reference number.

(3)   Each utility shall maintain and make available to the commission a link to an electronic copy of all standard customer service forms.

 

PART 3. SPECIAL CONTRACTS

R 460.2031 Filing of special contracts.