Filing Requirements for Electric Utility Rate Schedules

PURPOSE: This rule updates language and streamlines provisions formerly in Chapter 3. (1) Every electrical corporation, as defined in section 386.020, RSMo, engaged in the manufacture, generation, furnishing, or transmission of electricity for light, heat, or power within Missouri is directed to have on file with this commission a schedule of all rates, rentals, and charges of whatever nature made by the electrical corporation for each kind of service it renders which are in force, together with proper supplements covering all changes in rate schedules authorized by this commission, if any. (2) Every electrical corporation is directed to keep a paper copy of its rate schedules approved by this commission in its main or principal Missouri operating office and to make those rate schedules readily accessible to the public upon demand during regularly scheduled business hours of that office. Every electrical corporation shall also publish a currently effective rate schedule on its website and make the electronic schedule readily available to the public. The electrical corporation shall provide access in person or by telephone during regular business hours to customer service representatives who can aide customers in determining accurately the rate or charge applicable to any particular kind of electrical service. (3) All schedules of rates, rentals, and charges, or rules relating and applying to service rendered in connection with the supplying of electrical energy for light, heat, and power or for any service rendered in connection with electrical energy supply, lawfully on file with the commission will be considered as continuing in force and may be amended in the manner provided in this rule. (4) All schedules of rates must conform to this rule or they will be subject to rejection by the commission when tendered for filing. The commission reserves the right to direct the reprinting of any schedule at any time. (5) In classifying rates for electrical service the following uniform system of classification will be followed as closely as practical: (A) All lighting rates for residences, business places, theaters, public buildings, and the like will be placed under the head of commercial lighting; (B) All power rates, including rates for battery charging, will be placed under the head of commercial power; and (C) All rates for street lighting, including municipal street lighting and the free lighting of public buildings as is done in connection with street lighting will be placed under the head of street lighting. (6) All schedules of rates filed with the commission shall bear a number with the following prefix: PSC Mo. Rate schedules shall be numbered in consecutive serial order commencing with a No. 1 for each electrical corporation (for example, the first schedule PSC Mo., No. 1). The prefixes and numbers shall be printed on schedules as required by section (9) of this rule. For convenience the prefix is referred to as PSC. (7) All sheets except the title page must show in the marginal space at the top of page or sheet, the name of the electrical corporation issuing the PSC No., the number of the schedule and the number of the page or sheet. At the bottom of the sheet in the marginal space must be shown, the date of issue and effective date, and the name, title, and address of the officer by whom the schedule is issued. (8) The title page or sheet of every schedule of rates shall show— (A) The full corporate name of the issuing electrical corporation; (B) The PSC number of the schedule in bold type in the center of the marginal space at top of the page and immediately under it in small type the PSC number(s) canceled; (C) A brief description of the service areas from and to or within which the schedule applies; (D) When a schedule rate is governed by a general publication, the reference to the general publication by its PSC number must be given. The following phraseology, as the case may be, will be used: “Governed except as otherwise provided herein by schedule PSC Mo. No., which schedule, revised and added pages or sheets or superseding issues thereof is hereby made a part of this schedule.” The rate publication referred to must be on file with the commission and be kept at every place where the schedule making reference is to be kept for public inspection; (E) The date of issue and the date effective. If the schedule or any portion is made to expire on a specified date, the following clause must be used: “expires, unless sooner changed, canceled, or extended”; (F) On every schedule, supplement, or revised or added sheet issued on less than thirty (30) days’ notice, by permission of the commission, the following notation must be shown: “Issued on ____ days’ notice to the public and the commission under special permission of the Public Service Commission of Missouri, No. ____ of date ____.” If issued in compliance with an order of the commission, the following notation must be shown: “Issued on ____ days’ notice to the public and the commission under order of the Public Service Commission of Missouri, of date ____, in Case No. ____,” when issued by authority of any section of this rule, the notice must be that required by the particular section granting permission; (G) On the upper left-hand corner of a schedule of fewer than three (3) pages the words, “No supplement to this tariff will be issued except for the purpose of canceling this tariff.” A schedule of three (3) or more pages shall include the words, “Only one (1) supplement to this schedule will be in effect at any one (1) time”; and (H) On the marginal space at the bottom of page will be given the name, title, and address of the officer by whom the schedule is issued, the date of issue, and the effective date. (9) The schedule shall contain in the order named— (A) Table of Contents. Provide full and complete statement in alphabetical order of the exact location where information under the general headings or subjects will be found, specifying the page of item numbers. If the schedule contains so small a volume of matter that its title page or interior arrangement plainly may disclose its contents, the table of contents may be omitted; (B) Description of Territory. A more lengthy description of the territory to be served than can be briefly set forth on the title page will often be necessary; any items in this category which bear any relation to the various rates should be explained under this heading; (C) Classification of Service. Under this heading the kind of service separately grouped for Residential and Non-Residential will be set forth in the order named together with a detailed statement of the rate(s) in connection with same. A definite separation must be made between prompt payment discount and quantity discount and stating the manner in which they are computed clearly. If guarantees of any nature are required or a minimum charge made, the principles upon which they are based must be stated. In this case give the company’s charges or deposits for meters. If penalties for delayed payments are exacted, the same must be stated. State whether current is estimated or metered and, if so, how. State the company’s practice in regard to lamp renewals. If a charge is made to the consumer for installing and connecting the service wires, this should be stated. State the character of the service, whether twenty-four- (24-) hour or limited until midnight, whether the service is limited to certain hours of the day, onpeak, off-peak, optional service, auxiliary service, breakdown service, and the like. The kind of current, such as alternating or direct, together with the voltage, phase, and frequency must be given in all cases; (D) Rules. Under this heading will be set forth all rules which apply to contracts for furnishing electrical energy for light, heat, and power, and all of the company’s rules in any way relating to service, together with any particular regulations relating to a special contract for service rendered which have not already been stated in connection with the description of rates under section (5) of this rule; and (E) Definition and Explanation of Reference Marks. Under this heading, as its name implies, shall be given the necessary description of any reference marks employed in connection with the rate tables, that is, explain the meaning of watt, kilowatt hour, horsepower, and the like. If symbols or abbreviations are used, explain their meanings, such as kilowatt hour for K.W.H.; ampere for amp. When ratings are used based on capacity installation or a percentage of capacity installation, a table of equivalents for estimating these ratings must be given. For example, one (1) sixteen- (16-) candle power carbon filament lamp equals about fifty-five (55) watts. If terms maximum demand, load factor, rated capacity, peak, and the like, are used in the schedule, these should be explained under this caption. All definitions of terms and explanation of terms or symbols, abbreviations, or reference marks should be arranged in logical sequence and in a manner that they will be readily understood. (10) If a schedule or supplement to a schedule is issued which conflicts with a part of another schedule or supplement of a schedule which is in force at the time and which is not canceled in full, it specifically shall state the portion of the other schedule which is canceled and the other schedule, at the same time, shall be correspondingly amended, effective on the same date, in the regular way; and the supplement to the amended schedule shall be filed at the same time and in connection with the schedule which contains the new rates, rentals, or charges. (11) If a schedule is canceled with the purpose of canceling entirely the rates, rentals, or charges named in the schedule or when through error or omission, a later issue failed to cancel the previous issue and a schedule is canceled for the purpose of perfecting the record, the cancellation notice must not be given a new PSC number, but must be issued as a supplement to the schedule which it cancels, even though the schedule at the time may have a supplement in effect. (12) If a schedule or a part of a schedule is canceled, the cancellation notice shall make specific notice to the PSC number of the schedule in which the rates, rentals, or charges will be found; or if no rates, rentals, or charges are in effect, it shall state so. Cancellation of a schedule also cancels a supplement to the schedule in effect, if any. If a schedule is canceled by a similar schedule to take its place, the cancellation notice must not be given by supplement, but by notice printed in a new schedule. (13) A change in a schedule shall be known as an amendment and shall be published in a supplement to the schedule which it amends, specifying the schedule by its PSC number. The supplement shall be republished each time an amendment is made and shall always contain all the amendments to the schedule that are in force. Supplements to schedules shall be AND INSURANCE numbered consecutively as supplements to the schedules and shall not be given new or separate PSC numbers. An amendment must always be published in the supplement in its entirety as amended. (14) A schedule which contains reissued items brought forward from a previous issue which has not been in effect thirty (30) days or a supplement which brings forward reissued items without change from a former supplement or schedule, must bear the notation “Effective _______________ , except as noted in individual items.” “Example: Issued _____________________, 20___; effective _____________, 20___ , except as noted in individual items.” Reissued items brought forward without change must show in a conspicuous form and convenient manner the following: “Reissue” in black face type; the effective or the date upon which it becomes effective; in PSC Mo. No. ________ “or in supplement No. ________ to PSC Mo. No. __________.” When the reissued item became effective in a former supplement to the same schedule, the PSC number may be omitted, but the supplement number must be given. (15) Except as otherwise provided in this rule, there shall be at no time more than one (1) supplement in effect to any schedule, and the effective supplement to a schedule of twenty (20) or more pages may not contain more than twenty percent (20%) of the number of pages or sheets in the schedule, including the title page. A supplement to a schedule of fewer than twenty (20) pages or ten (10) sheets may not contain more than four (4) pages or two (2) sheets, including the title page. (16) All changes in and additions to schedules issued in paper must be made by reprinting the sheet upon which the change is made. Those pages or sheets shall not be given supplement numbers, but must be designated “First revised page or sheet,” “Second revised page or sheet,” and the like and must show the name of the issuing corporation and the PSC number of the schedule, the issued and effective dates, and the name, title, and address of the officer by whom issued. (17) If a new schedule is filed on statutory notice canceling another schedule and after that filing and prior to the effective date of the new schedule, a supplement to the schedule to be so canceled should be lawfully issued, the rates, rentals, or charges in that supplement could not continue in effect for the thirty (30) days required by law because the cancellation of the schedule also cancels the supplement to it. In this case the supplement containing changes not included in the schedule that is to become effective may be issued as a supplement both to the schedule in effect and to the schedule on file that will effect a cancellation and be given both PSC numbers. In other words, such an issue must be a supplement of each of the schedules and copies must be filed accordingly. A supplement issued under this rule containing reissued items shall note in connection with each item, in addition to the effective date required by this rule, that the reissued items expire on the date on which the new schedule will apply in lieu thereof; and the reissued items must not be brought forward in a subsequent supplement to the new schedule. This supplement may not contain any changes except those lawfully made by supplement to the schedule which is to be canceled by the schedule that has been filed and that is also supplemented; and no other kind of a supplement to a schedule that is on file and not yet effective may be made effective within thirty (30) days from the effective date of the schedule without special permission of the commission. (18) The provisions of section (15) of this rule as to the number of supplements to a schedule that may be in effect at any time and the volume of supplemental matter they may contain need not be observed in connection with a supplement issued under sections (14)–(18) of this rule. (19) In case of change of ownership and operation of any electrical corporation’s property or of the electrical corporation in possession and operating the property, the electrical corporation taking over the operation of the properties, if the existing rates would otherwise remain legally effective, shall issue immediately and file with the commission, with PSC number, an adoption notice substantially as follows: (A) “The (name of the electrical corporation) hereby adopts, ratifies, and makes its own, in every respect as if the same had been originally filed by it, all schedules, rules, notices, concurrences, schedule agreements, divisions, authorities, or other instruments whatsoever, filed with the PUBLIC SERVICE COMMISSION, State of Missouri, by the (name of the electrical corporation), prior to (date), the beginning of its possession. By this notice it also adopts and ratifies all supplements or amendments to any of the above schedules, etc., which (name of the electrical corporation) has heretofore filed with said commission. This notice may be made effective as of the date it is filed with the commission.”; (B) In the event that the successor corporation does not intend to adopt some of those schedules, rates, rules, notices, concurrences, authorities, or other instruments, the notice shall specify those which are not adopted, and the successor corporation as to such exceptions shall give the cancellation or withdrawal notice provided in this rule; (C) The adoption notice shall stand and be effective as to all of the local issues of the predecessor electrical corporation; and (D) In case of a receivership, the receiver shall be deemed as continuing in force the schedules and rules of the corporation whose property s/he has in charge. (20) Schedules and schedule supplements shall be filed with the commission by the proper officer of the electrical corporation designated to perform that duty; and supplements must be on file with the commission or accompany the schedule or supplement. (21) All changes in rates, charges, or rentals or in rules that affect the rates, charges, or rentals shall be filed with the commission at least thirty (30) days before the date upon which they are to become effective. The title page of every rate schedule or supplement and the reissue on any page or sheet must show a full thirty (30) days’ notice except as otherwise provided in this rule. The proposed change shall be accompanied by a brief summary, approximately one hundred (100) words or fewer, of the effect of the change on the company’s customers. A copy of any proposed change and summary shall also be served on the public counsel and be available for public inspection and reproduction during regular office hours at the general business office of the utility. (22) Each electrical corporation has the duty of filing with the commission all its schedules of rates and supplements or any rule relative to them which may be announced by the commission, under penalty for failure to do so. The commission will give consistent assistance as it can in this respect, but the fact that the receipt of a rate schedule or a supplement to a rate schedule is acknowledged by the commission, or the fact that a rate schedule or supplement to a rate schedule is in the files of the commission, will not serve or operate to excuse the electrical corporation from its responsibility or liability for any violation of the law or of any ruling lawfully made which may have occurred in connection thereunder with the construction of filing of a rate schedule or supplement. (23) Thirty (30) days’ notice to the commission is required as to every publication relating to electrical rates or service except where publications are made effective on less than statutory notice by permission, regulation, or requirement of the commission. (24) Except as is otherwise provided, no schedule or supplement will be accepted for filing unless it is delivered to the commission free from all charges or claims for postage, the full thirty (30) days required by law before the date upon which the schedule or supplement is stated to be effective. No consideration will be given to or for the time during which a schedule or supplement may be held by the post office authorities because of insufficient postage. When a schedule or a supplement is issued and as to which the commission is not given the statutory notice, it is as if it had not been issued and a full statutory notice must be given of any reissue. In these cases the schedule will be returned to the sender and correction of the neglect or omission cannot be made which takes into account any time elapsing between the date upon which that schedule or supplement was received and the date of the attempted correction. For rate schedules and supplements issued on short notice under special permission of the commission, literal compliance with the requirements for notice named in any order, regulation, or permission granted by the commission will be exacted. (25) When a schedule is rejected by the commission as unlawful, the records will so show and that schedule should not in the future be referred to as canceled, amended, or otherwise except to note on the publication issued in lieu of that rejected schedule, “In lieu of ____________, rejected by the commission;” nor shall the number which it bears be used again. (26) Rates, charges, or rentals or regulations relating to them, prescribed by the commission in its decisions and orders, after hearings upon formal complaints, shall in every instance be promulgated by the electrical corporation against which those orders are entered, in duly published and filed rate schedules, supplements, or revised pages or sheets of schedules, and notice shall be sent to the commission that its order in Case No. ___________ has been complied with in item ________, page ______, of schedule PSC Mo. No. _________; or supplement to schedule PSC Mo. No. __________; or reissued page or sheet No. _________ to schedule PSC Mo. No. _____________. (27) Schedules and supplements shall be filed in numerical order of PSC numbers. If in any instance this procedure is not observed as required by these rules, a memorandum must accompany the schedule so filed with the commission explaining omission of missing number(s). (28) Electrical corporations shall file any rate schedule, supplement, or other charges or regulations with the commission via the Electronic Filing and Information System (EFIS), or if filing a paper copy, to transmit or hand-deliver one (1) copy of each rate schedule, supplement, or other charges or regulations for the use of the commission. Schedules sent for filing must be addressed to Public Service Commission, PO Box 360, Jefferson City, MO 65102. (29) All schedules filed with the commission shall be accompanied by a letter of transmittal which shall be prepared consistent with the format designated by the commission. If filing a paper copy and a paper receipt is desired, a duplicate copy should be submitted for return. AUTHORITY: sections 386.250 and 393.140, RSMo 2016.* This rule originally filed as 4 CSR 240-20.105. Original rule filed Nov. 7, 2018, effective July 30, 2019. Moved to 20 CSR 4240-20.105, effective Aug. 28, 2019. *Original authority: 386.250, RSMo 1939, amended 1963, 1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996 and 393.140, RSMo 1939, amended 1949, 1967.