Section 255.10  Definitions

 

"Act" means The Public Utilities Act (Ill. Rev. Stat. 1985, ch. 111⅔, par. 1-101, et seq.).

 

"Change," used in reference to a schedule, does not mean or include a change resulting from the operation of a provision which by its terms proposes no increase or decrease in the charges for service to any customer unless and until the happening of some future event which may or may not happen, as, for example, the filing or applying of a change represented by fuel clause.  The provisions of Section 255.20(h) of this Part shall, nevertheless, apply to such a "change".

 

"General rate increase" means a change in any public utility rate or schedule which, if applied to the total number of customers then currently being served under the particular rate classification involved (such as a residential classification or a commercial classification), would result either in an increase in the charges to 10% or more of the said number of customers or would result in a net increase in the revenues of the public utility from that particular classification for the same amount of service.

 

"Office of the public utility" means and includes only those offices maintained by the public utility for the purpose of the public transacting business with the public utility.  It does not mean or include places of business maintained  primarily for another purpose, such as stores, banks or offices or organizations other than the public utility, where arrangements may have been made for the receipt of payments of bills due the public utility or for the receipt of requests for service or for the transaction of other incidental business relating to the public utility, and it does not include a public utility office maintained primarily for operation purposes or rendering utility services to the public, such as telephone central offices or telephone public pay stations or telegraph branch offices maintained in hotels, railroad stations or office buildings.

 

"Public utility" as used in this Part, means any public utility as defined in Section 3-105 of the Act (Ill. Rev. Stat. 1985, ch. 111⅔, par. 3-105) except those entities engaged in the conveyance of oil by pipeline.  "Public utility" shall also include any telecommunications carrier, as defined in Section 13-202 of the Act (Ill. Rev. Stat. 1985, ch. 111⅔, par. 13-202) to which the provisions of Section 9-201 of the Act (Ill. Rev. Stat. 1985, ch. 111⅔, par. 9-201) are made applicable by Section 13-101 of the Act (Ill. Rev. Stat. 1985, ch. 111⅔, par. 13-101).

 

"Schedule" means and includes the sheets filed with the Commission by the public utility on which are set forth the rates or other charges or classifications for service furnished by the public utility and the rules, regulations and practices of the utility relating to or affecting any such rates, charges or classifications.

 

(Source:  Amended at 11 Ill. Reg. 16119, effective October 1, 1987)

 

Section 255.20  Notice to the Public

 

Notice to the public, and to persons affected, of any change proposed by a public utility in its schedule or schedules shall be given in accordance with the following:

 

a)         Public Utility's Schedule.

 

1)         The public utility shall maintain and keep open to public inspection in each office of the public utility a copy of the public utility's schedule applicable to each of the services furnished by the public utility in the territory served by such office.  The public utility shall also maintain and keep open to public inspection in each of its said offices a folder in which shall be filed a copy of every proposed change in said schedule or schedules, together with copy of the applicable supplemental statement referred to in Section 255.30(l)(1), concurrently with the filing by the public utility with the Commission of such proposed change.  The public utility shall keep on file in said folder a copy of said proposed change and a copy of said supplemental statement throughout and during the period such proposed change is pending before the Commission.

 

2)         The public utility shall also post in two public and conspicuous places in each office of the public utility a notice not less than 7½ inches by 10 inches in size printed in black on a white background, reading substantially as follows:

 

PUBLIC NOTICE

 

The schedules of this Company showing all of its rates and other charges, classifications, rules and regulations relating thereto now filed with the Illinois Commerce Commission and in force and applicable to service rendered through this office in this territory, are on file in this office and open to public inspection.

 

An employee of this Company will assist any person to determine from the schedules any rate, charge, classification, rule or regulation.

 

b)         Whenever any proposed change, other than a general rate increase, in a schedule shall be filed with the Commission, the public utility shall either:

 

1)         make newspaper publication in accordance with the provisions of subsection (f)(1) below; or

 

2)         concurrently post in a public and conspicuous place in each of the offices of the public utility in the territory affected by the change, and shall keep so posted during the period such proposed change is pending before the Commission, a notice not less than 7½ inches by 10 inches in size printed in black on a white background, reading substantially as follows:

 

PUBLIC NOTICE

 

Proposed Changes in Rates, Charges, Classifications,

Rules and Regulations For Service

 

The Company has filed with and there is now pending before the Illinois Commerce Commission a proposed change in the Company's schedule. A copy of such proposed change is on file in this office and open to public inspection.

 

An employee of this Company will assist any person to determine the effect of the proposed change.

 

Customers should be advised that the Commission may alter or amend the rates or conditions of service after hearings held pursuant 83 Ill. Adm. Code 200 and may increase or decrease individual rates in amounts other than those requested by the Company.

 

(Note:  Insert in the blank space the type of service involved, that is, electric, gas, heat, etc.)

 

c)         The titles of the foregoing notices shall be in letters of size not less than 48 point type and the bodies of the notices in letters of size not less than 24 point type.

 

d)         The permanent notices required by subsection (a)(2) above shall be kept posted at all hours when the offices are open for the transaction of business by the public.  When a temporary notice is posted pursuant to the provisions of subsection (b)(2) above it shall, during the period involved, be kept posted at all hours when the offices are open for the transaction of business by the public.

 

e)         In each such office of the utility there shall be in regular attendance a representative or employee of the utility available to assist any person to determine from such schedule any rate, charge, classification, rule or regulation, and also to assist any person to determine the provisions of any proposed change then pending before the Commission.

 

f)         General rate increases

 

1)         Whenever any proposed change in a schedule which would effect a general rate increase shall be filed with the Commission, the  public utility shall, beginning not later than 10 days following such filing, cause to be published once each week for two consecutive weeks in some secular newspaper (that has been regularly published for at least six months prior to the first publication of such notice) in general circulation in the territory affected by such change a notice in substantially the form found in Exhibit A (occupying space not less than one column in width and three inches in length).

 

2)         With respect to a proposed change constituting a general rate increase, in addition to giving notice by publication as provided in subsection (f)(1), the public utility shall give notice by posting as provided in subsection (b)(2) above.

 

g)         Any fixed utility with $300,000 of annual operating revenues or less may request a staff review, examination and evaluation of its books, records and operations prior to filing a tariff, pursuant to Section 9-201 of the Act, which proposes a general rate increase.  The Commission staff will direct the utility to mail to each of its customers a notice when the staff has established that the utility is in compliance with applicable requirements of the Act and that adequate information in support of the request for a staff review has been received.  The notice shall include the amounts of the proposed rates and the manner in which a customer may obtain information or express views thereon.  This notice will be in lieu of all notices required by subsections (f)(1) and (2) above.

 

h)         In any instance where the Commission deems it appropriate that there be newspaper publication with respect to any proposed change in a schedule even though such publication is not otherwise required under this Part, or in any instance where the Commission deems it appropriate that there be other notice than is herein provided of any proposed change in a schedule, the Commission by its order or by a letter over the signature of its Chief Clerk will direct that such publication, or other notice, shall be made or given. In the event the Commission does so direct that notice by newspaper publication be made or given, the public utility shall make publication as provided for in subsection (f)(1) above.

 

(Source:  Amended at 17 Ill. Reg. 798, effective January 15, 1993)

 

Section 255.30  Concerning Composition and Filing

 

a)         Schedules not to be in handwriting.

All schedules must be clearly printed, mimeographed or typewritten on paper of good quality.  Alterations in writing or erasures must not be made in schedules before filing.

 

b)         Form and size of schedules.

All schedules must be in book, sheet or pamphlet form, and of size 8½ x 11 inches.  Loose-leaf plan may be used so that changes can be made by reprinting and inserting a single leaf.  If the public utility has but a few rates, the schedule may consist of a single page.

 

c)         Numbering of schedules.

The first schedule filed by each public utility for any class of service shall be designated with the prefix, "Ill. C. C. No. 1", and thereafter as other schedules are filed to replace such schedules they shall be designated with the next higher number in consecutive numerical order.  Pages within a schedule shall be numbered in consecutive order. Subsequent additional pages inserted between existing pages of the schedule shall be numbered in accordance with decimal place notations.

 

d)         The title sheet of every schedule shall show:

 

1)         Name of Issuing Company.

 

2)         Ill. C. C. number of the schedule in upper right-hand corner and, immediately thereunder, the schedule number or numbers cancelled thereby.

 

3)         Class of service, whether cooling, electric, gas, heating, sewer, telephone, telegraph or water.

 

e)         Other sheets of schedule shall show:

 

1)         Name of Issuing Company.

 

2)         Ill. C. C. number in the right-hand corner of the sheet and, immediately thereunder, the original sheet number in case it is an original sheet.  In cases where changes are made by filing revised sheets to schedules on file, the schedule number, revised sheet number and original or revised sheet number cancelled shall be shown.

 

3)         Class of service, whether cooling, electric, gas, heating, sewer, telephone, telegraph or water.

 

4)         The city or territory to which the sheet applies unless this information is set forth elsewhere in the schedule.

 

5)         The rates and other charges explicitly stated in cents, including fractions thereof where applicable, or dollars and cents for each class of service rendered.

 

6)         Date on which the sheet is formally filed with the Commission and the date on which it is proposed that the sheet will become effective.

 

7)         Name, title and address of officer by whom sheet is issued.

 

f)         Rules and regulations of public utilities.

            Each schedule shall contain, or incorporate by reference if they already are on file, the rules which govern the schedule with the title of each rule shown in bold type.

 

g)         Schedules for each class of service.

            Separate schedules shall be filed for cooling, electric, gas, heating, sewer, telephone, telegraph or water services.

 

h)         Changes in schedules.

            Changes in a schedule may be made by filing an entire new schedule or by filing additional original sheets or revised sheets which shall refer in the manner provided in Section 255.30(e)(2), to the corresponding sheets of the schedule on file and state whether the new filing is an additional original sheet or a revised sheet.  The proposed change shall be indicated on the additional original sheet or on the revised sheet, as the case may be, by an asterisk immediately preceding the item, or by underscoring the item or by some other method of symbols, with an explanation in the schedule of the symbols used.  Where the new filing eliminates a rate, rule or regulation, it shall so show.

 

i)          Schedules or sheets to be filed on 45 days' notice.

            Except as hereinafter provided, no schedule or sheets to effect a change in any schedule will be accepted for filing unless it is delivered to the Commission on a date at least 45 days before the change or changes are to become effective.  If a schedule or sheet reaches the office of the Commission on a Sunday or a holiday it will be considered as having been received on the following business day.

 

j)          Permission for less than 45 days' notice.

            On every schedule and on every additional original sheet or revised sheet permitted by order of the Commission to become effective on less than 45 days notice, there shall appear a notation to the effect that such schedule or such sheet is permitted to become effective on less than 45 days notice under order of or by authority of the Commission, and making reference to said order or authorization by its specific order number and date of issue.  The request by a public utility for special permission should be in the form of a petition, in triplicate, addressed to the Commission and should contain information substantially as outlined in Exhibit B.

 

k)         Address for schedules.

Schedules and changes therein sent for filing should be addressed:

 

Illinois Commerce Commission

Chief Clerk

527 East Capitol Avenue

Springfield, Illinois  62706

 

l)          Letter of transmittal.

 

1)         All schedules and all additional original or revised sheets of schedules filed with the Commission shall be accompanied by a letter of transmittal on paper 8½ x 11 inches in size, and shall include information as called for in Exhibit C and such other information as is considered appropriate to explain the nature, effect and purpose of the schedule, or additional original or revised sheets submitted for filing.

 

2)         A statement shall either be incorporated in the letter of transmittal or attached as a separate sheet, explaining the nature, purpose and reasons for proposing the schedule, and insofar as the following matters may be applicable and feasible in each instance, showing in detail the changes in rates, tolls or other charges or rules and regulations contained in the new schedule as compared with the rates, tolls or other charges or rules and regulations in effect at the time of filing such schedules, the approximate number of customers affected, and the estimated increase or decrease in revenue resulting from each such change in rates, rules or regulations.

 

3)         A separate letter may accompany each schedule or additional original or revised sheet, or Exhibit C may be modified to provide for filing under one letter as many schedules or sheets as convenient.

 

4)         If receipted copies of any of the filed documents are desired, include an additional copy of the documents to be receipted, along with a receipt seeking such receipt.  Said documents will be date stamped and returned.

 

(Source:  Amended at 9 Ill. Reg. 11807, effective July 25, 1985)

Section 255.EXHIBIT A   Notice of Proposed Change in Schedule

 

PUBLIC NOTICE

 

Notice of Proposed Change in Schedule

 

 

To patrons of
						(Name of Utility)
The							hereby
						(Name of Utility)
gives notice to the public that it has filed with the Illinois Commerce Commission a proposed change in its
(State whether the change is in rate, charge,
classification, rule or regulation)
for
(State whether electric, gas, heat, telephone,
							service
telegraph or water)
in
(area affected)
and that said change involves
(Describe nature of change)

(For each electric and gas utility, the description of the nature of change shall indicate the proposed change in rates (in percentage) for each rate classification.  In describing the nature of the proposed changes, the utility may combine rate classifications which provide for similar services and for which similar charges are proposed.  In addition, for small, medium and large residential customer (as approximated by the utility) the minimum description shall indicate the estimated average monthly consumption and the effect of the proposed change in percentage and dollar amounts based on such consumption).

 

A copy of the proposed change in schedule may be inspected by any interested party at any business office in this company.

 

Customers should be advised that the Commission may alter or amend the rates or conditions of service after hearings held pursuant to 83 Ill. Adm. Code 200 and may increase or decrease individual rates in amounts other than those requested by the company.

 

 

 

All parties interested in this matter may obtain information with respect thereto either directly from this Company or by addressing the Chief Clerk of the Illinois Commerce Commission, 527 East Capitol Avenue, Springfield, Illinois 62706.
	(Name of Utility)
	By
	(Official Title)

 

(Source:  Amended at 11 Ill. Reg. 16119, effective October 1, 1987)

Section 255.EXHIBIT B   Petition for Less Than Forty-Five Days Notice

 

 

To the Illinois Commerce Commission
			Springfield, Illinois  62706
The
(Corporate Name of Public Utility)
by
(Name of Office)
its
(Title of Officer)

does hereby respectfully petition the Illinois Commerce Commission that it be permitted, pursuant to the provisions of Section 9-201 of The Public Utilities Act, to put in force, to become effective

	days after the filing hereof with the Illinois Commerce Commission, the attached
(Describe specifically by Ill. C. C. No.
and by sheet number, and by title, the
rate, rule or regulation)
Your petitioner further represents that said attached proposed filing will supersede
(Describe specifically as above, the rate, rule or
regulation presently effective which it is
proposed to have superseded)
State fully all circumstances and conditions
which are relied upon as justifying the application
for special permission.  This shall include
a statement as to why the filing is sought to be
made effective on less than 45 days notice
			(Corporate Name of Public Utility)
			By
			(Name and Title of Officer)
Subscribed and sworn to before me this					day of		, 19		.
(Only original need be executed and verified)
(Notary Public)

 

(Source:  Amended at 11 Ill. Reg. 16119, effective October 1, 1987)

Section 255.EXHIBIT C   Letter of Transmittal

 

(Name of Company in full)

(Date)

Advice No.

To:

Illinois Commerce Commission 527 East Capitol Avenue Springfield, Illinois  62706

The accompany schedule (or revised sheet or additional original sheet), issued by the

company, is transmitted to you for filing.

Ill. C. C. No.

(Original or Revised)

Sheet No.

Cancelling

(Original or Revised)

Sheet No.

Effective

, 19

.

(See statement in 83 Ill. Adm. Code 255.30(l) as to additional information required.)

(Signature)

 

(Source:  Amended at 11 Ill. Reg. 16119, effective October 1, 1987)