Article 7. Applications of Common Carriers to Increase Rates Under the Shortened Procedure Tariff Docket
(See P.U. Code Sec. 454(b))
This article applies to applications of common carriers to increase any rate or so alter any classification, contract, practice or rule as to result in any increase in any rate under the Shortened Procedure Tariff Docket as hereinafter described in this article. Applications and protests under this article are subject to Rules 2, 2.1 and 2.5 of Article 2 but are not subject to the other provisions of Article 2 nor the provisions of Article 4 or Article 6.
25. (Rule 25) Applications Under the Shortened
Procedure Tariff Docket
Applications may not be processed under the Shortened Procedure Tariff Docket unless the application shows that, in the knowledge and belief of applicant, the proposed increases:
(a) Do not require public hearing and the application contains a statement of the facts and circumstances upon which such belief is based, and
(b) Would not increase applicant's California intrastate gross revenue by as much as one percent.
26. (Rule 26) Verification or Certification and Signatures
The original of each application shall be verified under oath or certified under penalty of perjury, and shall be signed by the applicant, a responsible officer thereof, or by an agent to whom power of attorney has been given. Applications concerning joint rates or fares shall be signed by or on behalf of all carriers participating therein.
Applications shall state clearly and concisely the authority or relief sought and:
(a) The legal name, mailing address and telephone number of the applicant. If the carriers are numerous, and constitute all the participants of the specified tariff, they may be identified by reference to the tariff.
(b) The present rates, fares, charges or rules which are proposed to be changed and those proposed to be established.
(c) Clearly, specifically, and in detail, the justification in support of each authority sought.
(d) The position of interested parties regarding the application insofar as known to applicant.
28. (Rule 28) Copy of Application upon Request
Applicant shall promptly furnish a copy of the application to each interested party making a written request therefor to applicant.
29. (Rule 29) Processing and Notice
The filing of Shortened Procedure Tariff Docket applications shall be listed in the Daily Calendar. (Rule 3.4.)
The listing shall identify the applicant and the type of application and briefly state the authority sought and the date of filing. Action on an application shall be withheld for 30 days subsequent to the first date of listing in said calendar.
Anyone interested may file a protest which shall:
(a) State the protestant's full name, mailing address, telephone number, facsimile transmission number, and, if the protestant consents to e-mail service, the protestant's e-mail address.
(b) State the facts constituting the grounds for protest and show how protestant is affected and why the proposed increase may not be justified.
(c) State the names of each applicant or its attorney or agent upon whom a copy of the protest is being served pursuant to Rule 31.
(d) Be verified under oath or certified under penalty of perjury and be signed by protestant or its attorney.
(e) Be addressed to the California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, California 94102.
(f) Be forwarded so as to reach the Commission not later than the thirtieth day following the listing of the application in the Daily Calendar.
Note: Authority cited: Section 1701, Public Utilities Code, and Setion 2, Article XII, California Constitution. Reference: Section 454, Public Utilities Code.
One copy of each protest shall simultaneously be served upon each applicant or its attorney or agent. Service shall be made in accordance with Rules 2.3 and 2.3.1.
Note: Authority cited: Section 1701, Public Utilities Code, and Section 2, Article XII, California Constitution. Reference: Sectio 454, Public Utilities Code.
32. (Rule 32) Copy of Protest upon Request
Protestant shall promptly furnish a copy of the protest to each party making a written request therefor to protestant.
