W. Va. Code R. § 150-16-6

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

Section 150-16-6 - Bypass

6.1. Rule 6 does not apply to (i) any person, entity, or a facility that meets the requirements of W. Va. Code § 24-2-20 to receive direct service or (ii) any person, entity or corporation that constructs or operates facilities to provide direct service to any person, entity, or a facility that meets the requirements of W. Va. Code § 24-2-20 to receive direct service.

6.2 Any person, corporation, or other entity desiring to construct or operate any facilities for the purpose of transporting natural gas to an end-user is required to file for and obtain a certificate of public convenience and necessity from the Commission prior to such construction or operation.

6.2.1. Ordinary extensions of existing utility systems in the usual course of business are exempt from the certificate requirements of this section.

6.2.2. In the case of an application pursuant to this section, the Commission intends to apply the following procedure:

6.2.2.a. The thirty (30) day prefiling notice provided for in W. Va. Code § 24-2-11(a) is waived.

6.2.2.b. The certificate applied for will be granted unless otherwise ordered by the Commission, on the thirty-first (31) day following the notice required by W. Va. Code § 24-2-11(a), i.e., a Class I legal advertisement, unless a bona-fide protest is received by the Commission within the thirty (30) day notice period, a petition is filed by Commission Staff, or upon the Commission's own motion the application is set for further examination, review or hearing.

6.2.2.c. In order to constitute a bona-fide protest, the protestant, if providing a service, must indicate an initial willingness to reduce its rates in light of the proposed alternative. After a discovery period of ninety (90) days, the protestant must present to the Commission an affidavit that the protestant in good faith can provide the proposed transportation service more economically.

6.2.2.d. Upon the receipt of a bona-fide protest, the Commission will proceed with a disposition of the application in an expeditious manner.

6.3. A public utility is relieved from its service obligation with respect to any end-user located in its service territory which bypasses the utility's facilities. In the event an end-user bypasses a utility's facilities and subsequently decides to reestablish service from the utility, the rate at which the end-user will receive such service must be approved by the Commission prior to the reestablishment of service. For good cause shown, upon the petition of a utility or end-user, the Commission will consider allowing the service and establishing rates and fees for the service on an interim basis pending final Commission decision. The interim rates and fees will be subject to true up based on the Commission's final order. Any such end-user is not automatically entitled to average cost pricing of any service. Upon the end-user's agreement to pay the fees and rates established in the Commission's order, the utility shall provide the service.

W. Va. Code R. § 150-16-6