Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-3-2 - Authorization, Application, Definitions, and Records, Reports and Other Information to be Supplied to the Commission2.1. Authorization of rules. 2.1.1. These rules are intended to insure adequate service to the public, to provide standards for uniform and fair charges and requirements by the utilities and their customers, and to establish the rights and responsibilities of both the utility and the customer.2.1.2. The adoption of these rules shall in no way preclude the Public Service Commission from altering or amending them in whole or in part, or from requiring any other or additional service, equipment, facility, or standard, either upon complaint or upon its own motion, or upon the application of the utility.2.1.3. These rules shall not relieve in any way a utility from any of the duties under the laws of this State.2.2. Application of rules. 2.2.1. These rules apply to public utilities as defined in Rule 2.3.2.2.2. If hardship results from the application of any rule herein prescribed, or if unusual difficulty is involved in immediately complying with any rule, application may be made to the Commission for the modification of the particular rule or for temporary or permanent exemption from its provisions: Provided, That no application for such modification or exemption shall be considered by the Commission unless there is submitted therewith a full and complete justification for such action.2.3 Definitions. 2.3.1. Commission -- Whenever in these rules the words "Commission" or "Public Service Commission" occur, such word or words shall, unless a different intent clearly appears from the context, be taken to mean the Public Service Commission of West Virginia.2.3.2. Public Utility -- Except where a different meaning clearly appears from the context, the word or words "utility" or "public utility" when used in these rules shall mean and include any person or persons, or association of persons, however associated, whether incorporated or not, including municipalities, distributing or selling electric energy for light, heat, power or other purpose, which are now or may hereafter be held to be a public service.2.3.3. Customer -- The word "customer" as used in these rules shall be construed to mean any person, group of persons, firm, corporation, institution, municipality or other service body furnished electric service by an electric utility.2.3.4. Residential Service. 2.3.4.a. "Residential Service" is service to a householder or tenant, living in a separate house or separate apartment in a building, using electric energy for general household service.2.3.4.b. Residential Service may be extended to include use of electric energy for lighting the yard, private garages and/or barns, which are adjacent to, connected with and used exclusively by the resident being served.2.3.4.c. Should the owner of a multiple apartment building undertake to furnish electric energy to his tenants as a part of their monthly rent, then such service shall be classed as "Commercial."2.3.4.d. In cases where a householder or tenant devotes some portion of the occupied building to substantial and bona fide commercial use and uses the remainder as a residence then the total service will be classified as commercial or the customer must separate his wiring so that each class of service can be separately metered and billed at the applicable rate.2.3.5. Commercial Service. 2.3.5.a. "Commercial Service" is service to each separate business enterprise, occupation or institution occupying for its exclusive use any unit or units of space as an entire building, entire floor, suite of rooms or a single room, and using energy for the illumination of such space and for such incidental use as the schedule of rates applicable to the particular installation may permit. Commercial Service shall apply to all stores, offices, hotels, wholesale houses, garages, display windows, signs, theaters, barber and beauty shops, churches, opera houses, auditoriums, lodge halls, school houses, banks, bakeries, and any other space occupied for commercial purposes. Any rooming house, lodging house, resort, inn or tavern renting more than four rooms to strangers or transients without any previous agreement for accommodation or as to the duration of stay shall be classed as a hotel and as such it comes under the commercial classification.2.3.5.b. Where a single business enterprise or institution occupies more than one unit of space in the conduct of the same business, each separate unit will be metered separately and considered a separate service unless the units are adjoining or on the same plot of ground and the customer makes the necessary provisions for approved circuits and loops whereby the different units may be connected to permit the metering of all the energy used in the various units through one meter. This rule shall not be construed to allow any customer to secure combined meter readings and billings by reason of ownership in the same person, partnership, association or corporation of different buildings or units of space which are not used and operated by the customer and held out to the public as one single business unit.2.3.6. Power Service. 2.3.6.a. "Power Service" is service to each separate business enterprise, occupation or institution occupying for its exclusive use any unit or units of space as an entire building, entire floor, suite of rooms, or a single room, and using energy for driving motors and for supplying electric service used in industrial processes.2.3.6.b. Primary power service is service at the voltage common to the primary of the distribution system.2.3.6.c. Secondary power service is service at the voltage common to the secondary of the distribution system.2.3.6.d. Where a single business enterprise, occupation or institution occupies more than one unit of space in the conduct of the same business and requires energy for power purposes, as defined herein in each unit of space, each unit will be metered separately and considered as a separate service unless the units are adjoining or on the same plot of ground and the customer makes the necessary provisions for approved circuits and loops by which the different units can be connected to permit the metering of all energy used for power purposes in the various units through one meter.2.3.7. Street Lighting Service -- "Street Lighting Service" is service furnished for the purpose of lighting streets, highways, roads, parks and outdoor public places.2.3.8. Forced Outage -- The state of a component when it is not available to perform its intended function due to an unplanned event directly associated with that component.2.3.9. Interruption Duration -- The period of time measured in minutes that starts when a utility is notified or becomes aware of an interruption and ends when the utility restores service.2.3.10. Major Event -- An event that exceeds reasonable design and or operational limits of the electric power system. A Major Event includes at least one Major Event Day.2.3.11. Major Event Day (MED) -- A day in which the daily system SAIDI exceeds a threshold value, TMED. For the purposes of calculating daily system SAIDI, any interruption that spans multiple calendar days is accrued to the day on which the interruption began. Statistically, days having a daily system SAIDI greater than TMED are days on which the energy delivery system experienced stresses beyond that normally expected (such as severe weather). Activities that occur on major event days should be separately analyzed and reported.2.3.12. Major Event Day Threshold (TMED) -- The standard TMED (Major Event Day Threshold) calculation as indicated by the most recently published, current IEEE 1366 Standards.2.3.13. Reliability Indices -- Generally accepted indices that reflect frequency and duration of outages at the system or customer level, such as System Average Interruption Frequency Index (SAIFI), System Average Interruption Duration Index (SAIDI), Customer Average Interruption Duration Index (CAIDI) and Momentary Average Interruption Frequency Index (MAIFI) for purposes of assessing, monitoring, and evaluating system reliability. Each utility shall adopt standard Reliability Indices definitions and calculations as indicated by the most recently published, current IEEE 1366 Standards.2.3.14. Service Area -- An electric utility operating company's service territory within the State.2.3.15. Planned Interruption -- Interruptions exclusive of Major Events that occur when a component or piece of equipment is deliberately taken out of service at a specified time for purposes of preventative maintenance, repair, or construction. Any interruption that can be deferred for a period of time is considered a Planned Interruption.2.3.16. Sustained Interruption -- All interruptions more than five minutes in duration.2.3.17. System Reliability -- The degree to which electric service is supplied without interruption, as defined by the most recently published, current IEEE 1366 standards, to customers within the State of West Virginia.2.3.18. Worst-Performing Circuits -- Those distribution circuits that are among the five percent of all circuits in a Service Area, or at least one circuit in a Service Area, with the lowest performance values according to the calculated Reliability Indices. Each operating utility may define its own calculation for Worst-Performing Circuits, and shall report on the basis of its calculations for its own West Virginia Service Areas.2.3.19. Momentary Interruption -- A single operation of an interrupting device that results in a voltage zero. For example, two circuit breaker or recloser operations (each operation being an open followed by a close) that momentarily interrupts service to one or more customers is defined as two Momentary Interruptions.2.3.20. Significant Interruption -- Any Sustained Interruption lasting over six hours in duration and affecting 2,500 customers or more.2.4. Records and reports. 2.4.1. Preservation of records -- All records required by these rules shall be preserved by the utility in accordance with the "Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities" as prescribed by the National Association of Regulatory Utility Commissioners (NARUC) dated May, 1985, and adopted by the Commission by General Order No. 184.6 of March 30, 1987, and effective May 29, 1987, except, as they may be hereinafter modified by the Commission and except for Items 9(b) and 54(b) which are herein modified. No such record shall be destroyed earlier than as provided by these rules without Commission approval. (NOTE: These NARUC regulations are published in separate pamphlet form and will be furnished upon request). 2.4.1.a. Item 9(b) of the NARUC Regulations shall be modified to provide a retention period as follows: Retain program documentation for current active source coding and the source coding immediately preceding the current one.2.4.1.b. Item 54(b) of the NARUC Regulations shall be modified to provide a retention period as follows: Six months: Retain for an additional thirty (30) months if no other sources of this information are available.2.4.2. Location of records. 2.4.2.a. Such records should be kept at the office or offices of the utility in West Virginia, and shall be available during regular business hours for examination by the Commission or its duly authorized representative or,2.4.2.b. If kept outside of the State they shall be brought to the utility's office in West Virginia upon the request of the Commission or the utility may be required to pay the reasonable traveling expenses of such Commission employees assigned to the work when it is necessary to examine such records.2.4.3. Reports to the Commission. 2.4.3.a. Each utility shall be required to furnish and report to this Commission when called upon to do so by the Secretary, or Director of any Division of the Commission, any other and further information in its possession respecting rates or practices in conducting its service, which may from time to time be required by this Commission, and without formal order of the Commission authorizing such request for said information.2.4.3.b. Each utility shall submit to the Commission, upon request, duplicate copies of reports made by it to Federal Regulatory Commissions pertaining to any phase of its business as an electric utility in West Virginia.2.5. Filing of rate schedules. 2.5.1. Filing required -- All rate schedules, rules, regulations, special contracts and other charges, for the purchase, sale or transportation of electric energy shall be filed by each utility with the Secretary of the Commission before they become effective.2.5.2. Manner of filing -- Tariffs containing all the rates, rules and regulations of each utility shall be filed in the manner prescribed by the Commission in "Rules for Construction and Filing of Tariffs," in effect on the date of such filing.2.5.3. Forms for filing -- The Commission will, upon application, furnish proper blanks to be used for the filing of tariffs and any changes thereof and additions thereto.2.5.4. Utility's special rules -- A utility desiring to establish any rule or requirement supplementing the rules of the Commission shall first make application to the Commission for authority for such rule or rules, clearly stating in its application the reason for such establishment.2.5.5. Exemption -- A customer who has complied with the rules of the Commission shall not be denied service for failure to comply with the rules of the utility that have not been approved by the Commission.2.6. Financial and statistical report. 2.6.1. Each utility shall file annually a financial and statistical report upon forms to be furnished by the Commission or in lieu thereof, upon forms approved by the Commission.2.6.2. Said report shall be based upon the accounts set up in conformity with the Commission's order and rule as set out in Rule 2.7.2.6.3. This report shall be filed on or before March 31st of the succeeding year for which the report covers.2.6.4. For good cause shown, the Commission will grant, through its Secretary, a reasonable extension of time upon application therefore in writing to the Secretary, such application to be made before the expiration of the time for filing of such report.2.7. Uniform system of accounts - All electric utilities are required to maintain their books and records in accordance with the "Uniform System of Accounts" promulgated by the Federal Power Commission, as published in Title 18 C.F.R. parts 101 and 104, and in effect as of January 1, 1977.2.8. Maps and records. 2.8.1. Each utility shall keep on file suitable maps, plans and records showing the layout of every generating plant, transmission and primary distribution system, and substation, with the location, size and character of each plant, transmission and primary distribution lines, substation and other facilities used in the production and delivery of electric energy.2.8.2. In the case of new construction or property acquired from others, the additions to such maps and records should be made by the end of the next calendar year following the year in which the construction is done or property acquired.2.8.3. The maps, plans and records required by the provisions of this rule shall be kept up to date so that the utility can furnish promptly and accurately any information regarding its facilities, or copies of its maps requested by the Commission.2.9. Management audits. 2.9.1. Scope -- To establish a procedure for examination of management practices and policies to determine whether the entity being audited is operating with efficiency and utilizing sound management practices. The purpose of a management audit is to disclose operating areas that are efficient or inefficient, to identify areas for improvement, and to form recommendations for changes. The results of a management audit and the response of the utility to the recommendations and implementation plans developed pursuant to a management audit may be a factor in determining just and reasonable rates, as set out herein.2.9.2. Types of management audits -- The following types of management audit, which vary in scope, may be directed and utilized by the Commission: 2.9.2.a. Comprehensive -- An investigation characterized by an extensive, detailed analysis of a utility's management and operations.2.9.2.b. Reconnaissance -- A broad review, similar in scope to a comprehensive audit, but in less detail. The objective of this type of audit is to identify specific areas for more intensive investigation based upon the magnitude of the problem identified or the potential benefits to be derived.2.9.2.c. Focused -- An in-depth investigation of one or several specific areas of a utility's management and operations.2.9.3. Frequency -- The Commission shall order a management audit of any utility under its jurisdiction whenever the Commission deems it necessary to investigate the operational efficiency of the utility. Such factors as the cost of the management audit and the potential benefits of such audit may be taken into consideration. The Commission may accept or request a management audit performed under the rules of another jurisdiction in satisfaction of this rule when that audit is of the scope contemplated by the Commission, conforms to the standards herein set forth and covers the utility's service functions in its West Virginia jurisdiction.2.9.4. Conduct and control.2.9.4.a. The Commission may choose to have the audit performed by its Staff or contracted to a qualified outside auditing firm. In the latter case, the Commission may supervise the selection process. If the management audit is to be conducted by an auditing firm, the Commission's order initiating the audit shall include provision for the development of the request for proposal (RFP), the consultant selection process and Staff's assistance and supervision during the audit.2.9.4.b. The Commission may impose eligibility restrictions upon contractors relating to past, current, and post-audit relationships with the utility.2.9.4.c. The utility is expected to cooperate to the fullest extent with the performer of a Commission ordered management audit. A responsible employee shall be appointed by the utility as its management audit coordinator, who shall be responsible to assist in the efficient performance of the management audit.2.9.5. Costs -- It shall be the responsibility of the audited utility to pay for a contracted audit. The Commission shall include the reasonable cost of conducting the contracted management audit in the cost of service of the utility. The Commission may allow such costs to be recovered in the utility's next general rate case following completion of the audit, or the Commission may order such costs to be amortized over a reasonable period of years, considering the impact of these costs on both the utility and its customers.2.9.6. Implementation of recommendations. 2.9.6.a. Draft report. 2.9.6.a.1. Upon completion of the audit a draft report shall be submitted to the utility for comments.2.9.6.a.2. The auditor and utility representatives shall conduct a draft review meeting subsequent to the distribution of the draft review report.2.9.6.b. Final report. 2.9.6.b.1. A final report shall be submitted to the Commission no later than thirty (30) days after the submission of the draft report to the utility.2.9.6.b.2. Within thirty (30) days of the final submission of the management audit report, the utility shall file a document detailing its position on each audit recommendation. This document must state which recommendations are acceptable to the utility and the nature of the utility's disagreement with any recommendations.2.9.6.c. The Commission may, after hearing, issue an order prescribing the recommendations which should be adopted by the utility.2.9.6.d. The utility shall file detailed implementation plans for the Commission's review and approval within the time specified in the Commission's order prescribing which recommendations the utility should adopt. The utility shall not deviate from an approved implementation plan without prior notice to the Commission which specifically states the utility's reasons for departing from the approved plan.2.9.6.e. At the direction of the Commission, a follow-up audit may be performed to review the progress of the utility in implementing the approved plans and the results of previously performed management audits.2.9.6.f. A management audit report and implementation plan adopted pursuant thereto and any follow-up audit may be used by parties in a general rate case subsequent to the management audit. Such audits and implementation plans may be a factor in the determination of just and reasonable rates if introduced as an exhibit and subjected to normal due process procedures.2.9.6.g. The Commission may grant an extension of the time limits established in this section upon a showing of good cause for such extension.2.10. Reliability Reporting Requirements. 2.10.1. Commission Point of Contact -- All reliability reports, interruption reports, and outage reports shall be filed with the Commission's Executive Secretary to be maintained at the direction of the Commission and copies to be filed with the Engineering Division in paper and electronic formats.2.10.2. MAIFI data -- Electric utilities are not required to collect and report MAIFI data under the Commission's Rules for the Government of Electric Utilities until such time that they have deployed the technology and equipment necessary to accurately do so. These rules should not be construed to require electric utilities to deploy such technology and equipment. Rather, references to MAIFI are included in these rules merely in recognition that the technology needed to collect MAIFI data may become more readily available and economically feasible in the future.2.10.3. Significant Interruptions and Major Events. 2.10.3.a. Significant Interruption Notification -- Utilities shall notify the Commission as soon as reasonably possible, and not later than twenty-four hours or 5:00 pm of the next business day, whichever is sooner, upon determining that a Significant Interruption has occurred. The notice shall include the general location, the approximate number of customers affected, the cause if known, the time of the event, and the estimated time of full restoration. The notice shall also include the name and telephone number of the utility contact person. If the duration of the Significant Interruption is greater than twenty-four hours, the utility shall update this information daily and file a Major Event Report as described in Rule 2.10.3.b. below.2.10.3.b. Major Event Reports -- If a Significant Interruption becomes a Major Event, a utility will submit a Major Event Report to the Commission as soon as is practicable but no later than forty-five calendar days after the end of the event. The Major Event Report shall include: the date and time of the Significant Interruption; the date and time of full restoration; the cause of the interruption; the location, substation and feeder identifiers of affected facilities; and the total number of customers affected.2.10.4. Annual Reliability Reports. 2.10.4.a. Each utility shall submit annual reliability reports to the Commission no later than May 1st of each year, for the preceding calendar year.2.10.4.b. The reliability reports shall include, but not be limited to, the following information for the preceding calendar year: 2.10.4.b.1. A narrative summary of the system's line miles, distribution system voltages, number of customers, number of circuits, and overall System Reliability based on SAIFI, CAIDI, SAIDI and, if applicable, MAIFI performance with Major Event Days excluded and included;2.10.4.b.2. The number of Sustained Interruptions by cause with Major Event Days excluded;2.10.4.b.3. A summary of distribution system capital and operation & maintenance expenditures;2.10.4.b.4. A summary of the number of customer reliability formal and informal complaints made with the Commission;2.10.4.b.5. A listing of circuit performance by Service Area based on SAIFI, CAIDI, SAIDI, and, if applicable, MAIFI performance for the calendar year with Major Event Days excluded;2.10.4.b.6. A narrative summary of the utility's program for analyzing its Worst-Performing Circuits throughout each year;2.10.4.b.7. A list of the top five percent of the utility's Worst-Performing Circuits with a minimum of at least one circuit per Service Area; and2.10.4.b.8. Planned improvements to Worst-Performing Circuits.