W. Va. Code R. § 150-12-1

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-12-1 - General

1.1. Scope.

a.Public Law 96-448, "The Staggers Rail Act of 1980", requires the states which wish to retain jurisdiction over intrastate rail transportation to bring their standards and procedures for regulating railroad rates, classifications, rules and practices into conformity with the Interstate Commerce Act. It is the intent of Congress that railroad companies receive adequate revenues through regulatory encouragement of model competition, rate flexibility, and relaxed rate reasonableness standards.

b. Mindful of this Commission's obligations to safeguard the public's interests, it shall henceforth be the policy of the Public Service Commission of West Virginia to regulate railroad matters in a manner consistent with the standards and procedures set forth by Congress in the Interstate Commerce Act. Moreover, where state and federal standards and procedures differ, federal standards will control, particularly those set forth in the decision of the Interstate Commerce Commission in State Intrastate Rail Rate Authority, 5 I.C.C.2nd 680 (1989).

1.2. Authority. -- W. Va. Code ''24-1-1, 24-1-7, 24-2-1, 24-2-2, 24-2-7, 24-2-8 and 24-2-9; 49 U.S.C. '11501; and Ex Parte 388, State Intrastate Rail Rate Authority, 5 I.C.C. 2nd 680 (1989).

1.3. Filing Date. -- June 28, 1990.

1.4. Effective Date. -- August 27, 1990.

1.5. Standards and Procedures.

a. The Staggers Act requires the state to adopt uniform standards and procedures for regulating railroad rates, rules and practices which are in accord with the provisions of the Interstate Commerce Act. The standards and procedures contained in these rules are intended to satisfy the federal requirements. To that extent these rules and regulations supersede any previous rules or regulations which are in conflict with them. All standards and procedures shall be interpreted to be consistent with the goal of revenue adequacy.

b. The Public Service Commission of West Virginia hereby expressly adopts the following sections of the Interstate Commerce Act as amended by the Staggers Rail Act of 1980 for purposes of determining intrastate rail rates:

Section 10505 - Exemption

Section 10701a - Standards for rates for rail carriers

Section 10704a,2,3,4 - Adequate revenues

Section 10705 - Authority; through routes, joint classifications rates, and divisions

Section 10705a - Joint rate surcharges and cancellations

Section 10706 - Rate agreements; exemption from antitrust laws

Section 10707 - Investigation and suspension of rates

Section 10707a - Zone of rail carrier rate flexibility

Section 10709 - Determination of market dominance

Section 10712 - Inflation based rate increases

Section 10713 - Contracts

Section 10726 - Long and short haul transportation

Section 10730 - Rates and liability based on value

Section 10731e - Transportation of recyclable materials

Section 10741 - Rate discrimination

Section 10751 - Business entertainment expenses

Section 10762 - General tariff requirements

W. Va. Code R. § 150-12-1