Chapter 480-149 WAC
Last Update: 6/23/94TARIFF CIRCULAR NO. 6
WAC Sections
HTMLPDF | 480-149-010 | Form and size of tariffs. |
HTMLPDF | 480-149-020 | Changes to be indicated. |
HTMLPDF | 480-149-030 | Title page to all tariffs. |
HTMLPDF | 480-149-040 | General rules. |
HTMLPDF | 480-149-050 | Freight tariffs. |
HTMLPDF | 480-149-060 | Passenger tariffs. |
HTMLPDF | 480-149-100 | Transfer of rates or fares from one tariff to another. |
HTMLPDF | 480-149-110 | Amendments and supplements. |
HTMLPDF | 480-149-120 | Notice required—Less than statutory notice. |
HTMLPDF | 480-149-130 | Method of filing. |
HTMLPDF | 480-149-140 | Rates prescribed by the commission. |
HTMLPDF | 480-149-150 | Power of attorney, concurrence and revocation notice. |
HTMLPDF | 480-149-160 | Approval of rates by commission. |
HTMLPDF | 480-149-170 | Suspension of tariffs. |
HTMLPDF | 480-149-180 | Discontinuance of service. |
HTMLPDF | 480-149-190 | Blank forms. |
HTMLPDF | 480-149-200 | Waiver of rules. |
HTMLPDF | 480-149-210 | Adoption of Interstate Commerce Commission regulations. |
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
480-149-070 | Excursion service company and temporarily reduced one-way tariffs. [Statutory Authority: RCW 80.01.040. WSR 84-15-023 (Order R-215, Cause No. TC-1786), § 480-149-070, filed 7/11/84; Order R-16, § 480-149-070, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.] Repealed by WSR 90-22-031 (Order R-329, Docket No. T-900076), filed 10/31/90, effective 12/1/90. Statutory Authority: RCW 80.01.040. |
480-149-080 | Storage warehouse tariffs. [Order R-16, § 480-149-080, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.] Repealed by WSR 81-16-085 (Order R-168, Cause No. TSW-1510), filed 8/5/81. Statutory Authority: RCW 80.01.040 and chapter 43.21C RCW. |
480-149-090 | Tariffs of "wharfingers or warehousemen." [Order R-16, § 480-149-090, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.] Repealed by WSR 81-16-085 (Order R-168, Cause No. TSW-1510), filed 8/5/81. Statutory Authority: RCW 80.01.040 and chapter 43.21C RCW. |
PDF480-149-010
Form and size of tariffs.
(1) All tariffs and supplements thereto must be in book, pamphlet or loose leaf form and printed or typed on hard calendered paper with not smaller than 8 point type, except that 6 point bold face type may be used for reference marks and except as provided in WAC 480-149-030 (1)(b).
(2) The size must be 8 by 11 inches or 8-1/2 by 11 inches except railroad local passenger tariffs which may be 4 by 9 inches.
(3) A margin of not less than five-eighths of an inch must be left for binding.
[Order R-16, § 480-149-010, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-020
Changes to be indicated.
(1) All printed or typewritten tariffs and supplements must indicate all changes in rates, fares, charges, rules, regulations or classifications by use of the following symbols in connection with such changes:
or (R) to denote reductions | |
or (A) to denote increases | |
or (C) to denote changes in wording which result in neither reductions nor increases in charges. |
(2) Explanations of all symbols used must be provided in the tariff or supplement in which used and the symbols designated in subsection (1) must not be used for any other purpose.
(3) When a change of the same character is made in all or in substantially all rates, fares or charges in a tariff or supplement or a page thereof, that fact and the nature of such changes may be indicated in distinctive type at the top of the title page of such issue or at the top of each page respectively in the following manner "All rates, fares or charges in this issue are increases," or "All rates, fares or charges on this page are reductions except as otherwise provided in connection with the rates, fares or charges." Under this paragraph of the rule a bold face dot, "•," must be used to symbolize a rate, fare or charge in which no change has been made. This symbol must not be used for any other purpose.
(4) When a tariff or supplement canceling a previous issue omits points of origin or destination, rates, fares, charges, rules, regulations or routes which were contained in such previous issue, the new tariff or supplement shall indicate the omissions and if such omissions effect changes in charges or services that fact shall be indicated by the use of the uniform symbols prescribed in subsection (1) of this rule.
[Order R-16, § 480-149-020, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-030
Title page to all tariffs.
(1) The title page of every tariff or supplement must show not less than thirty days' notice, or bear plain notation to the number and date of the permission or rule or decision of the commission under which it is effective on less than such statutory notice. The title page of every tariff, and the title page of every supplement shall show at least the following:
(a) Name of company issuing tariff and the number of its certificate, permit or license, if any, as the case may be; or name of bureau or agency filing tariff under powers of attorney.
(b) An identifying tariff number; also supplement number if the filing is a supplement. If tariffs or supplements are canceled thereby the numbers of such tariffs or supplements shall be named. If the number of canceled publications is so large as to render it impracticable to thus enter them on the title page they must be shown immediately following the table of contents provided specific reference thereto is entered on title page directly under the tariff or supplement number.
(c) Type of service covered by the tariff.
(d) The territory from and to which the tariff or supplement applies or location of dock or warehouse.
(e) On tariffs which have interstate application, a clear statement indicating the Washington intrastate application or nonapplication of the tariff, or reference to a page or item where such statement will be found.
(f) Reference by name and number to the classification, exceptions thereto and rules circulars, if any, governing the tariff or supplement. In the alternative reference may be shown on the title page to an item or page of the tariff where governing publications are named. A tariff is not governed by a classification, classification exceptions or rules circular except when and to what extent stated on or in the tariff.
(g) Date of issue and date effective. When a tariff or supplement is made to expire on a given date the term "Expires on (date) unless sooner canceled, changed or extended," must be used.
(h) On every tariff or supplement in which the rates, fares, charges, rules or regulations are made effective on less than statutory notice the notation "Issued on less than statutory notice under authority of (show authority) " must be shown.
(i) Name, title and street address of tariff publishing officer by whom the tariff or supplement is issued.
[Order R-16, § 480-149-030, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-040
General rules.
(1) When a tariff or item in a tariff gives reference to another tariff, full number reference to such tariff must be given unless otherwise specifically authorized by the commission.
(2) If a tariff carries joint rates or rates applying over more than one road, local routing and junctions must be given.
(3) All basing or proportional rates must clearly specify the extent and manner of their use.
(4)(a) All tariffs of transportation companies, except water transportation companies, must carry a rule providing for intermediate application which must apply except where a waiver of the long and short haul statute (RCW 81.28.200) is specifically authorized by the commission.
(b) When the commission has issued an order granting to a carrier authority to depart from the provisions of the "long and short haul statute," each tariff or supplement issued and filed under such authority must bear a notation to the following effect:
(i) "This tariff (or supplement) contains rates that are higher for shorter than longer distances over the same route. Such departure from the terms of RCW 81.28.200, is permitted by authority of W.U.T.C. order (or orders), as indicated in individual items of this tariff (or supplement)."
(5) All tariffs of transportation companies shall contain a clause protecting the combination of local rates where such combinations are lower than the through tariff rates, and shall authorize the application of such lower rates.
[Order R-16, § 480-149-040, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-050
Freight tariffs.
Freight tariffs shall contain:
(1) Table of contents (unless otherwise specifically authorized by the commission). A full and complete statement in alphabetical order of the exact location where information under general headings, by subjects, will be found, specifying page or item numbers. If a tariff contains so small a volume of matter that it plainly discloses its contents, the table of contents may be omitted.
(2) A list, alphabetically arranged, of the names of all carriers participating in the tariff. If there be not more than 10 participating carriers, their names may be shown on the title page. Each carrier or agent which issues a joint tariff shall file with the commission an informal list or schedule of powers of attorney or concurrences; or in the alternative may show the powers of attorney or concurrence numbers in connection with the list of participating carriers in the tariff.
(3) A complete index alphabetically arranged of all articles upon which commodity rates or exceptions to the governing classification are named together with reference to each item or page where such article is shown. If all of the commodity rates to each destination in a general commodity or a combined class and commodity tariff are arranged in alphabetical order by commodities, the index of commodities may be omitted from the tariff.
(4) An alphabetical index of all points from which rates apply and a separate alphabetical index of all points to which all rates apply except where all or substantially all rates apply in both directions the points of origin and destination may be shown in one index. Such index or indexes must show the item, page or index numbers from or to which rates apply. If there be not more than 12 points of origin or 12 points of destination, the name of each if practicable may be shown on the title page. If the points of origin or of destination are shown alphabetically arranged or are shown by groups alphabetically arranged, no index is required.
(5) List of exceptions, if any, to the classification, or reference to a classification exception tariff or tariffs governing the tariff.
(6) Such explanatory statements in clear and explicit terms regarding the rates and rules contained in the tariff may be necessary to remove all doubt as to their proper application.
(7) Rules and regulations which govern the tariff in clear and explicit terms, setting forth all privileges and services covered by the rates. A special rule applying to a particular rate shall be shown in connection with, and on the same page with, such rates. Where it is not desirable or practicable to include the governing rules and regulations in the rate tariff, such rules and regulations may be separately published in tariffs filed by an individual carrier or by an agent, providing that reference is made to such tariffs on the title page.
(8)(a) An explicit statement of the rates, in cents or in dollars and cents per pound, per 100 pounds, per barrel or other package, per ton, or per car, or other unit, together with the names or designations of the places from and to which they apply, all arranged in a simple and systematic manner. Minimum carload weights or other units must be specifically stated. Tariffs containing rates per ton must specify what constitutes a ton thereunder. A ton of 2,000 pounds must be specified as "net ton" or "ton of 2,000 pounds." A ton of 2,240 pounds must be specified as "gross ton" or "long ton" or a "ton of 2,240 pounds." A ton measurement must be specified as "ton of 40 cubic feet." Complicated or ambiguous terms must be avoided. Insofar as possible such rates should be assigned an identifying number to facilitate reference thereto. If all rates are stated in the same unit that fact may be indicated on the title page immediately in connection with the application of the tariff.
(b) When articles are made subject to percentages of class rates the rates applicable under such provisions must be shown in the class tariffs just as if those percentages were additional numbered or lettered classes, or reference may be made to an appropriate table published in the tariff containing the class rates. Unless this is done specific commodity rates must be published.
(c) A commodity item may provide rates on a number of items by the use of generic heading without naming such articles, providing such commodity item contains reference to an item in the tariff which contains a complete list of such articles, or contains reference to the number of a separate tariff containing such a list of articles. Such reference to a separate item or tariff may not be made unless a definite and complete list of the articles under the same generic heading is shown in the item, tariff or classification so referred to.
(9) The different routes via which rate applies must be shown. When a tariff specifies routing, the rates may not be applied via routes not specified.
(10) Explanation of symbols, reference marks and technical abbreviations used in the tariff, except that the explanation of a reference mark or symbol used only in connection with particular items or rates shall be shown on the page on which it is used.
(11) The above rules are in addition to the general rules of this circular insofar as they apply to freight operations.
[Order R-16, § 480-149-050, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-060
Passenger tariffs.
Passenger tariffs shall contain:
(1) Rules and regulations which govern the tariff, in clear and explicit terms, setting forth all privileges, stopovers, extension of time limit, restrictions outlines in certificate, children's fares, baggage rules, excess baggage rates, etc., and the following provision with regard to the refund for unused and partly used tickets:
(a) "Unused tickets will be redeemed at the purchase price. Unused portions of round trip or commutation tickets will be redeemed by charging the regular fare or fares for the portion or portions used and refunding the balance of the purchase price."
(2) Tariffs, except those of water transportation companies must contain a rule with reference to fares applicable to intermediate points not specifically named in such tariff. This rule shall read substantially as follows: "Fares from or to intermediate points not named herein will be the same as the fares from or to the next more distant point named."
(3) Adult fares, definitely and specifically stated, in cents, or in dollars and cents, per passenger, together with the names of the stations or stopping places from and to which they apply, arranged in a simple and systematic manner. The tariff shall clearly indicate whether fares apply "one way" or "round trip."
(4) Where fares to or from a named point include stops beyond the regular terminal, or where no regular terminal is maintained, the tariff shall define the zone within which fares to or from such named point apply.
(5) Commutation fares, if any.
(6) The different routes via which fares apply. When a tariff specifies routing, the fares may not be applied via a route not specified.
(7) Full explanation of reference marks and technical abbreviations used in the tariff.
(8) The above rules are in addition to the general rules of this circular insofar as they apply to passenger operations.
[Statutory Authority: RCW 80.01.040. WSR 90-22-031 (Order R-329, Docket No. T-900076), § 480-149-060, filed 10/31/90, effective 12/1/90; WSR 84-15-023 (Order R-215, Cause No. TC-1786), § 480-149-060, filed 7/11/84; Order R-16, § 480-149-060, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-100
Transfer of rates or fares from one tariff to another.
(1) If a tariff or supplement to a tariff or a revised page is issued which is to displace a part of another tariff which is in force at the time and which tariff is not thereby canceled in full, it shall specifically state the portion of such other tariff or such other supplement or revised page which is thereby canceled, and such other tariff shall at the same time be correspondingly amended, effective on the same date. Such reissue, supplement or revised page must state where rates or fares will thereafter be found and must be filed at the same time and in connection with the tariff, supplement or revised page which contains the new rates or fares.
(2) When a tariff is canceled by the issuance of another tariff to take its place, cancellation notice must be given by notice in the new tariff as provided in WAC 480-149-030 (1)(b).
(3) An agent who acts under authority of power of attorney is fully authorized to act for the principals that have named him their agent and attorney, and therefore when an agent publishes rates or fares in his tariffs which are to displace the rates or fares in his principal's tariff, the agent must cancel the rates or fares in his principal's tariffs as per subsection (1) of this rule.
(4) A carrier must not publish in its individual tariff rates or fares which are to displace the rates or fares published in a tariff of a duly authorized agent unless the tariff is accompanied by a supplement issued by the agent canceling the rates or fares in his tariff effective on the same date, as per subsection (1) of this rule.
(5) When a tariff is canceled in whole or in part by a supplement thereto, the supplement must show where the rates or fares will thereafter be found or what rates or fares will thereafter apply. When a tariff is canceled by another tariff which does not contain all the rates or fares shown in the tariff to be canceled, the canceling tariff must show where rates or fares not shown therein will thereafter be found or what rates or fares will thereafter apply.
(6) When portions of a tariff or of a supplement to a tariff, are designated as items they must be given numbers; and the cancellation of an item by supplement must be under the same item number with a letter suffix in alphabetical sequence. If an item or any part thereof is transferred to another item of different number in the same tariff, the cancellation must be carried under the original item number and must show in what item or items the effective rates or fares are to be found. If an item is withdrawn in its entirety or expires by its own terms, leaving no rates or fares or provisions in effect in that item, the cancellation or expiration must be brought forward in subsequent supplements as a reissued item. When withdrawing a rule or item designated by an item number, the canceled matter need not be reproduced in connection with the item effecting the cancellation, except to the extent necessary to identify the item.
[Order R-16, § 480-149-100, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-110
Amendments and supplements.
(1) A change in or addition to a tariff shall be known as an amendment, and excepting amendments to tariffs of less than three pages, and amendments to tariffs in loose-leaf form, shall be published in a supplement to the tariff.
(2) No supplement shall be issued on tariffs containing less than three pages or to tariffs in loose-leaf form except for the purpose of canceling the tariff or unless specifically authorized by the commission.
(3) Tariffs issued in loose-leaf form can only be amended by issuing revised pages to the tariff except as provided in subsection (2) of this rule. A revised page must carry the same page number as is carried by the page which it cancels. For example, 1st revised page 1 cancels original page 1.
(4) When a participating party is eliminated by supplement or revised page, such supplement or revised page must also provide for cancellation of rates or fares in connection with that party.
(5)(a) Supplements to a tariff shall be numbered consecutively. Each supplement shall specify on its title page the supplement or supplements or tariffs which it cancels and shall also show what supplements contain actual changes from the rates, fares, rules or regulations in the original tariff.
(b) Purely intrastate supplements to a tariff having interstate application may be assigned the number of the last interstate supplement with capital letters of the alphabet (used consecutively) added, such as "23A," except that if any intrastate supplements are issued prior to Supplement No. 1, such intrastate supplements will be identified with capital letters of the alphabet used consecutively, such as "A," "B," etc.
(6) Except as provided in subsections (9), (10) and (11) of this rule, the following is the number of effective supplements permitted to any tariff:
2 pages and less. . . . | No supplements. |
3 to 16 pages, inclusive. . . . | 1 supplement. |
17 to 80 pages, inclusive. . . . | 2 supplements, and 1 additional supplement of not to exceed 4 pages. |
81 to 200 pages, inclusive. . . . | 3 supplements, and 1 additional supplement of not to exceed 4 pages. |
201 pages and more. . . . | 4 supplements and 1 additional supplement of not to exceed 4 pages. |
In addition to the above, not to exceed 2 purely intrastate supplements may be in effect to tariffs which have interstate application.
In connection with the number of supplements issued as exceptions to the rule, reference marks must be used and explained on title pages to indicate the nature of the supplements filed under such authority. The reference marks and explanations must also be shown on every subsequent supplement showing that such supplements are still effective. The term "cancels conflicting portions" must not be used but cancellations must be specific.
(7) Every publication which contains rates, fares, rules, or regulations effective upon a date different from the general effective date of such publication must show on its title page the following notation:
"Effective . . . . . , 19 . . . (except as otherwise provided herein)" or "except as provided in (item or page)."
(8) Matter brought forward without change from one supplement to another must be designated "reissued" and must show the number of the supplement from which it was reissued.
(9) When the name of a company is changed, or when its operating control is transferred to another, the company which will thereafter operate the properties shall file and post new tariffs in the name of the new company; except that where the company name remains unchanged or where tariffs consist of 5 or more pages, or where three or more tariffs are involved, or where there are powers of attorney or concurrences outstanding, an adoption notice, given a "tariff" number may be filed, reading as follows:
Tariff No. . . . . . |
. . . . (Insert here name of new company) |
adoption of tariffs, concurrences, divisions, etc. of the |
. . . . (Insert here name of old company) |
by the |
. . . . (Insert here name of new company) |
The . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby adopts, (Name of new company) |
ratifies, and makes its own, in every respect as if the same had been originally filed and posted by it, all tariffs, rules, notices, concurrences, traffic agreements, divisions, authorities, powers of attorney, or other instruments whatsoever, filed with the Washington Utilities and Transportation Commission by the
. . . . (Insert here name of old company) |
prior to ..... the beginning of its possession. By this tariff it also adopts and ratifies all supplements or amendments to any of the above tariffs, etc., which it has heretofore filed with said Commission.
issued: . . . . (Insert date here) | ||
effective: . . . . (Insert date here) | ||
issued by:. . . . (Insert here name of traffic official) | ||
. . . . (Insert here address) |
In addition to the above adoption notice the new company shall immediately file a supplement to each of the tariffs covered by the adoption notice, reading as follows:
Effective (here insert date shown in the adoption notice) this tariff, or as amended, became the tariff of the (Name of new company) as per its adoption notice No. . . . . .
Such supplements issued under authority of this rule must contain no other matter, must bear reference to this rule and must be designated by a reference mark as provided in subsection (6) of this rule.
Similar adoption notice must immediately be filed by a receiver, when he assumes possession and control of a company.
Except where concurrences and powers of attorney are filed with the Interstate Commerce Commission, concurrences and powers of attorney adopted by a company or receiver must within one hundred twenty days be replaced and superseded by new concurrences and powers of attorney issued and numbered in the series of the new company or receiver. Concurrences and powers of attorney which will not be replaced by new issues must be regularly revoked on the notice and in the manner prescribed in WAC 480-149-150.
(10)(a) Upon receipt of an order of suspension of any tariff publication or portion thereof, the carrier or agent who filed such publication shall immediately file with the commission a supplement, not bearing any effective date, which shall contain a reproduction of the pertinent portions of the commission's order of suspension (including the paragraph prohibiting changes in the suspended matter), followed by a statement that by reason of the commission's order (i) the use and application of the suspended publication or portion thereof (which must be identified with certainty) is either indefinitely deferred or deferred for the . . . . . period prescribed in the commission's suspension order and (ii) the schedules which were to be changed by the suspended publication (which schedules must be identified with certainty) will remain in effect and will not be changed so long as effectiveness of the suspended matter is deferred (if deferred only for the term of the commission's order the date must be specified), except by order or special permission of the commission.
(b) If the responsible carrier or publishing agent has elected to file a supplement deferring the suspended matter only for the period prescribed by the commission's order, and if prior to the expiration of that order the commission formally or informally requests that a further deferment be made, the carrier or publishing agent may, on the authority of this permission, issue a supplement effecting such further deferment. Also, after the expiration of the period prescribed by the commission's order, the carrier or publishing agent may, when requested by the commission and on the authority of this permission, issue a supplement further postponing the effective date of the suspended matter. Supplements issued should be filed on statutory notice if practicable and otherwise on shorter notice, but the notice shall be as long as time will reasonably permit and in no event less than one day. Where the effectiveness of matter originally suspended by the commission has been voluntarily postponed, beyond the term of the commission's order, no change may be made during the period of such voluntary postponement in the tariff matter which was originally held in force by the commission's suspension order, except by order or special permission of the commission.
(c) When the commission suspends an entire supplement to a tariff, or portions of a tariff or of a supplement to a tariff, the commission's rule as to the volume of supplemental matter which the effective supplements in the aggregate may contain is not waived, except that a supplement containing suspended matter will not be counted against the number of effective supplements, or the volume of supplemental matter permitted to such tariff under WAC 480-149-110(6) provided all matter in such supplement, except the suspended portions thereof, are reissued in or specifically canceled by a subsequent supplement.
(d) When a tariff, any portion of which is under suspension, is canceled the new tariff may either:
(i) Cancel the previous tariff "except portions under suspension in Cause No. . . . . . , viz. (Identifying the suspended portion by item and page number)," or
(ii) Cancel the previous tariff entirely and bring forward without change the matter held in force by the order of suspension, followed immediately by the matter under suspension. The matter held in force by the order of suspension must be identified as such and shown as expiring with the date to which the suspended matter has been postponed. The suspended matter immediately following must likewise be identified as such and shown as effective on the day following the expiration of the matter held in force by the order of suspension. When the effective date of suspended matter has been indefinitely deferred the new tariff must state that fact by appropriate language.
(iii) When a supplement which is suspended in part is reissued, such reissue shall cancel the supplement containing the suspended matter except portions under suspension in Cause No. . . . . .
(e) A suspended rate, charge, classification, regulation, or practice may not be changed or withdrawn except by order or special permission of the commission, nor may any change be made in a rate, charge, classification, rule, regulation, or practice which is contained in effect as a result of such suspension except under order or special permission of the commission.
(f) When the commission vacates an order of suspension as of a date earlier than the date to which suspended, or when the responsible carrier or agent has deferred the effective date of the suspended matter under authority of this permission and the commission, after the expiration of its order of suspension, finds the suspended matter justified, the responsible carrier or agent may file with the commission on one day's notice, unless otherwise directed by the commission, a supplement stating the date upon which the suspended matter will become effective.
(g) Every suspension, vacating and cancellation supplement issued under authority of this rule must bear on its title page the following notation: "Issued under authority of WAC 480-149-110(10). Tariff Circular 6, and in compliance with Order No. . . . . of the Washington Utilities and Transportation Commission of (date) ."
Such supplements will not be counted against the number of effective supplements permitted under subsection (6) of this rule. All such supplements must be given the same general distribution as the tariff or supplement affected.
(11) Except as to loose-leaf tariffs and tariffs containing less than three pages one additional supplement may be issued to any tariff in excess of the number allowed by WAC 480-149-110(6) for the purpose of establishing rates, fares, classifications, rules, or regulations in compliance with a decision or order of the commission in a formal case. Only one such supplement may be in effect at any one time and it shall bear on its title page the following notation in addition to showing reference to the opinion or order:
"This supplement is issued under authority of WAC 480-149-110(11) of Tariff Circular 6 and will be included in and canceled by the next regular supplement filed to this tariff."
[Order R-16, § 480-149-110, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-120
Notice required—Less than statutory notice.
(1) Unless more copies are specifically requested by the commission, one copy of every tariff, supplement or revised page must be filed with the commission and notice must be given to the public by posting copies in a conspicuous place at each station affected thirty days before the effective date thereof except as provided for in the following sections of this rule or unless specifically authorized by the commission. Filings received on Saturdays, Sundays or holidays will be considered as being received on the following office day.
(2) The following tariffs may be filed on one day's notice to the commission and to the public:
(a) Providing for the opening or closing of navigation or traffic on rivers, harbors, lakes, highways or roads of the state.
(b) Providing for the movement of circuses.
(c) Providing rates for new lines or extensions of lines or service not heretofore covered by any similar form of transportation or service or not competitive with any similar form of transportation or service.
If the new line, extension or service is covered by any form of transportation or service, and/or is competitive therewith, the tariff or supplement so filed, must provide the same rates or fares as those of the existing company unless full statutory notice is given prior to the beginning of operations.
(d) Adoption, suspension or vacating supplements as provided for in WAC 480-149-110.
(3) In cases of actual emergency, or when real merit is shown, the commission may, in its discretion, permit tariffs to become effective on less than the notice and the publication time periods specified in the statute or this section L.S.N. Application for such authority must be on a form supplied by the commission.
Note: | The commission will not accept a tariff for L.S.N. action unless the cover letter under which the tariff is submitted or the form on which it is submitted clearly and prominently specifies that the tariff is submitted to become effective on less than statutory notice. |
(4) Whenever a carrier files a tariff on not less than forty-five days' notice, containing increased rates and charges for collection and disposal of solid waste, the carrier shall notify affected customers no later than the date of filing that a tariff of increased rates and charges is being filed with the Washington utilities and transportation commission, Olympia, Washington, proposed to become effective on the date stated in the filing and that the carrier has asked that it become effective on the date requested. The amount of increased charges must also be indicated. Notice shall be in writing and sent to customers by United States mail. The notice shall state that the proposed rates shall not become effective until reviewed by the commission. The notice shall also include a statement that affected customers may express their opinions regarding the filing in writing to the Washington utilities and transportation commission and shall state the mailing address of the commission headquarters office. A copy of the notice shall also be mailed or delivered to at least one newspaper of general circulation in the area. The tariff filed with the commission must be accompanied by a letter of transmittal fully setting forth the reasons justifying the proposed increased charges. The letter shall also state that notice has been given in the manner outlined above.
[Statutory Authority: RCW 80.01.040. WSR 94-14-012 (Order R-418, Docket No. TV-940147) § 480-149-120, filed 6/23/94, effective 7/24/94; WSR 93-24-103 (Order R-400, Docket No. A-930517), § 480-149-120, filed 12/1/93, effective 1/1/94; WSR 90-22-031 (Order R-329, Docket No. T-900076), § 480-149-120, filed 10/31/90, effective 12/1/90; WSR 88-08-047 (Order R-285, Cause No. TG-2146), § 480-149-120, filed 4/4/88; WSR 88-01-115 (Order R-283, Cause No. T-2118), § 480-149-120, filed 12/23/87; WSR 83-11-019 (Order R-203, Cause No. TR-1697), § 480-149-120, filed 5/11/83. Statutory Authority: RCW 80.01.040 and 81.77.030. WSR 79-01-034 (Order R-118, Cause No. TV-1182), § 480-149-120, filed 12/20/78; Order R-16, § 480-149-120, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-130
Method of filing.
(1) All tariffs, supplements or revised pages must be delivered to the commission free from all charges.
(2) Each company or agent must file tariffs under serial numbers of its own.
(3)(a) Copies of each tariff, supplement, revised page or other schedule shall be included in one package and under one letter of transmittal.
(b) Letters of transmittal may be in duplicate. In that event one copy will be stamped with the date received by the commission and returned to the sender as a receipt for the publication.
(c) Tariffs mailed for filing must be addressed: Washington Utilities and Transportation Commission, Olympia, Washington.
(4) Tariffs, supplements or revised pages which are received for filing too late to give the commission the required notice are subject to rejection and return. The filing date will be considered the actual date the publication is received by the commission at its office in Olympia except as provided in WAC 480-149-120(1). No consideration will be given to delays in transmittal.
(5) When a tariff publication is rejected by the commission the number which it bears must not again be used. The publication which is issued in lieu of such rejected publication must bear the notation "Issued in lieu of . . . . . . rejected by the Washington Utilities and Transportation Commission."
[Order R-16, § 480-149-130, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-140
Rates prescribed by the commission.
(1) Rates, fares, rules or regulations prescribed by the commission in its decisions and orders in formal cases shall be promulgated by the companies against which such orders are entered, in duly published, filed and posted tariffs, supplements or revised pages which shall show notation to that effect. Only the rates or fares so prescribed will carry such notations. Notice shall be sent the commission that its decision or order in Cause No. . . . . . . , has been complied with in item . . . . . . , page . . . . . . of Tariff No. or supplement or revised page No. . . . . to . . . . Tariff No. . . . . . . . .
(2) Unless otherwise specified in the decision or order in the case, such tariff, supplement or revised page must be made effective upon statutory notice to the commission and the public. Whether made effective on less than statutory notice, or upon statutory notice, when an entire tariff, supplement or revised page is issued in compliance with a decision or order, such tariff, supplement or revised page shall bear on its title page the notation "Issued in compliance with decision (or order) of the Washington Utilities and Transportation Commission in Cause No. . . . . . . . . "
If the decision or order of the commission affects only portions of the tariff, supplement or revised page, the above notice shall be shown in connection with each portion so affected.
[Order R-16, § 480-149-140, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-150
Power of attorney, concurrence and revocation notice.
(1) This rule does not apply where powers of attorney and concurrences are filed with the Interstate Commerce Commission.
(2) An agent may be either an individual person or a corporation. Such agent must file tariffs under serial numbers of his own.
(3) The following form shall be used for a company to give authority to an attorney and agent to file tariffs and amendments or to give or file concurrences for it in its stead:
Power of Attorney No.. . . . | |
. . . . | |
(Name of company) | |
. . . . | |
(Post office address) | |
. . . . . . , 19 . . . |
know all men by these presents: |
That the (Name of company) has made, constituted, and appointed and by these presents does make, constitute and appoint (Name of agent appointed) its true and lawful attorney and agent for the said company, and in its name, place and stead, (1) for it alone, and (2) for it jointly with other companies, to receive concurrences in, and to file, rate schedules and supplements thereto, as required by the Washington Utilities and Transportation Commission. (Show limitations, if any) . . . . |
. . . . |
. . . . |
And the said (Name of company) does hereby give and grant unto its said attorney and agent full authority to do and perform all and every act and thing above specified as fully, to all intents and purposes, as if the same were done and performed by the said company, hereby ratifying and confirming all that its said attorney and agent may lawfully do by virtue hereof, and assuming full responsibility for the acts and neglects of its said attorney and agent hereunder. |
In witness whereof the said company has caused these presents to be signed in its name by its . . . . . . President and to be duly attested under its corporate seal by its . . . . . . Secretary, at . . . . . , in the state of . . . . . , on this . . . . day of . . . . . . , in the year of our Lord nineteen hundred and . . . . |
. . . . | |
(Name of company) | |
By . . . . attest Its . . . . . . . . . . . . . . . . . . . . . . . . . , President . . . . . . . . . . . . . . . . . . . . . . . . . Secretary (Corporate seal) |
(4) The following form shall be used by companies concurring in the rates, fares, rules or regulations of another company or agent.
concurrence no. . . . . . |
Name of Company (or individual) . . . . . . . . |
this is to certify |
That the . . . . . . . . assents to and concurs in the publication and filing of Rate Schedules or Supplements thereto which the . . . . . . . . . . . . . . . or its agent, now has on file or may make and file with the Washington Utilities and Transportation Commission over the following route, . . . . |
. . . . |
and hereby makes . . . . self a party to and bound thereby insofar as such schedules contain rates, rules or regulations applying for services specified, until this authority is revoked by formal and official notice of revocation filed with the Washington Utilities and Transportation Commission and with the . . . . |
. . . . |
Name of Company . . . . | ||
Traffic Officer . . . . | ||
Street Address . . . . | ||
Post Office . . . . | ||
Issued . . . . | Effective . . . . |
(5) Companies granting authority to an agent or another company to publish and file certain of its rates shall not publish rates or fares which conflict with those published by such agent or other company.
(6) Each company issuing powers of attorney or concurrences to other public service companies or agents shall give a number to each document, using its own separate series for each form. This number shall be shown on the upper right-hand corner and immediately thereunder shall be shown the number of the power of attorney or concurrence, as the case may be, that is canceled thereby.
(7) A power of attorney or a concurrence may be revoked upon not less than sixty days' notice to the commission by filing a notice of revocation with the commission, serving at the same time a copy thereof on the agent in whose favor such power of attorney or concurrence was executed. Such notice must not bear a separate serial number but must specify the number of the power of attorney or concurrence to be revoked, must name the agent in whose favor the power of attorney or concurrence was executed, must specify a date upon which revocation is to become effective which must not be less than sixty days subsequent to the date of its receipt by the commission and must be executed in the following manner:
revocation notice
. . . . | |
(Name of company) | |
. . . . | |
(Post office address) | |
. . . . . , 19 . . . | |
Know all men by these presents: | |
Effective . . . . . , 19 . . . , power of attorney No. . . . . issued by . . . . . . . . . . in favor of . . . . . . . . . . is hereby canceled and revoked. | |
. . . . | |
Name of Company | |
By . . . . attest Its . . . . . . . . . . . . . . . . . . . . . . . . . , President . . . . . . . . . . . . . . . . . . . . . . . . . Secretary (Corporate seal) Duplicate mailed to . . . . . . at . . . . . . |
(8) When a power of attorney or concurrence is revoked, corresponding revision of the tariff or tariffs shall be made effective upon statutory notice not later than the effective date stated in the revocation notice.
(9) One copy of each power of attorney, concurrence and revocation notice must be filed with the commission, also one copy must be furnished to the agent or company to which such authorization is directed.
[Order R-16, § 480-149-150, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-160
Approval of rates by commission.
The filing of tariffs or supplements with the commission does not imply that the provisions thereof are approved, unless the commission has prescribed the rates, fares, rules, regulations or practices in an order, and companies must not in any way make such inference.
[Order R-16, § 480-149-160, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-170
Suspension of tariffs.
(1) The commission has power either on receipt of a complaint or protest or on its own motion to suspend the rates, fares, charges, rentals or tolls of any public service company as provided in RCW 81.04.130.
(2) No tariff or any part of a tariff will be suspended on a complaint or protest unless such complaint or protest is filed in compliance with the commission's rules of practice and procedure.
(3) When a tariff or any part of a tariff is suspended by the commission, supplements shall be filed as provided in WAC 480-149-110(10).
[Order R-16, § 480-149-170, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-180
Discontinuance of service.
When permission of the Washington utilities and transportation commission has been secured for discontinuance of service, supplements must be issued canceling tariffs. Such supplements shall carry full reference to the permission granted by the commission.
[Order R-16, § 480-149-180, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-190
Blank forms.
Blank forms of concurrence, power of attorney, adoption notice, revocation notice and application for permission to change rates on less than statutory notice, can be secured from the commission upon request.
[Order R-16, § 480-149-190, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-200
Waiver of rules.
Request for special permission to waive the provisions of this tariff circular may be made, in writing only, to the commission. Such permission, if granted, will be given a special permission number by the commission. Applicants receiving permission to depart from the terms of this circular, must publish in tariffs exactly as granted and must show directly in connection therewith the special permission number and date issued, except as may be otherwise authorized by the commission.
[Order R-16, § 480-149-200, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]
PDF480-149-210
Adoption of Interstate Commerce Commission regulations.
(1) Wherever the provisions of this tariff circular do not fully cover all of the points which may arise, the rules of the Interstate Commerce Commission's tariff circulars will apply and the commission hereby adopts the rules promulgated by the Interstate Commerce Commission and the tariff circulars issued by that body when same are not in conflict with the regulations herein.
(2) Wherever tariffs (or concurrences, etc.) having Washington intrastate application are filed also with the Interstate Commerce Commission or with other state commissions, and are in compliance with the applicable tariff circular of the Interstate Commerce Commission or special waivers thereof, the tariffs will be governed only [by] the opening paragraph of WAC 480-149-030 and subdivision (1)(e) thereof of this circular, and the commission hereby adopts in full the rules promulgated by the Interstate Commerce Commission and the tariff circulars issued by that body.
[Order R-16, § 480-149-210, filed 2/3/70; Public Service Commission Cause No. T-9494, filed 4/5/61.]