38.3.3001    SUSPENSION OF TARIFFS

(1) Upon receipt of order of suspension of any publication in its entirety the carrier or agent who filed such publication shall immediately file with the Commission a supplement, which must not bear an effective date, quoting the pertinent portions of the Commission's order of suspension which describe the publication suspended and stating that such publication is under suspension and may not be used until such specified date as the suspension order of the commission may name and that rates, charges, classifications, rules, regulations, or practices theretofore in effect and which were to be changed by the suspended publication will remain in effect until lawfully changed. Such supplement shall state by PSC number or numbers the tariff or tariffs, or supplements thereto, or revised pages where rates, charges, classifications, rules, regulations, or practices so continued in effect will be found. The paragraph of the Commission's order prohibiting changes in the suspended matter shall be reproduced in the suspension supplement.

(2) Upon receipt of order of suspension of a part of a publication which, except as to such part, is allowed to become effective, the carrier or agent who filed such publication shall immediately file with the Commission a supplement, which must not bear an effective date, quoting the pertinent portions of the Commission's order of suspension which describe the matter suspended and stating that the part or parts of such publication specified in the order are under suspension and may not be used until such specified date as the suspension order of the Commission may name, and that rates, charges, classifications, rules, regulations, or practices theretofore in effect and which were to be changed by the suspended publication will remain in effect until lawfully changed. Such supplement shall also contain in reissued items the rates, charges, classifications, rules, regulations, or practices applicable during the period of suspension or shall give specific reference, by PSC number or numbers, to the tariff or tariffs, or supplements thereto, or revised pages where they will be found. The paragraph of the Commission's order prohibiting changes in the suspended matter shall be reproduced in the suspension supplement.

(3) When the Commission has suspended a supplement in whole or in part it frequently occurs that prior to the filing of the supplement announcing suspension a carrier or its agent files a later supplement which contains, as reissues, the matter suspended in the previous supplement. In such instances the suspension supplement required by this rule shall also specifically cancel from the later supplement such reissued matter, and by amendment to the title page of said later supplement shall eliminate the cancellation of the suspended supplement when the latter is suspended in full, and when a supplement is suspended in part shall provide that such later supplement cancels such previous supplement except portions under suspension. Tardiness in filing supplements announcing suspension may result in the rejection by the Commission of the supplement which cancels the suspended matter.

(4) When the Commission suspends an entire tariff, the previous tariff and effective supplements are continued in effect and will remain in force during the period of suspension or until lawfully cancelled or reissued. Except as to loose-leaf tariffs and tariffs of less than five pages, supplements containing additions and/or changes in rates, charges, classifications, rules, regulations, or practices which were not sought to be changed by the suspended tariff may be filed to the previous tariff without regard to the volume of supplemental matter which the effective supplements in the aggregate may contain. If the volume of supplemental matter permitted by ARM 38.3.2807 has been exceeded under authority of this paragraph and the Commission orders the cancellation of the suspended tariff, the volume of supplemental matter must be brought within the requirements of ARM 38.3.2807 by schedule filed within 90 days, or such tariff must be reissued in accordance with the following provisions: If consisting of less than 100 pages, by schedule filed within 90 days, and if consisting of 100 or more pages, by schedule filed within 120 days, from the date upon which the suspended tariff is cancelled.

(5) When the Commission suspends an entire supplement to a tariff, or portions of a tariff or of a supplement to a tariff, the Commission's rule as to the volume of supplemental matter which the effective supplements in the aggregate may contain is not waived, except that a supplement containing suspended matter will not be counted against the number of effective supplements or the volume of supplemental matter permitted to such tariff under ARM 38.3.2807, provided all matter in such supplement, except the suspended portions thereof, are reissued in or specifically cancelled by a sub- sequent supplement. When a tariff (or supplement) which is suspended in part is reissued, such reissue shall cancel the tariff (or supplement) containing the suspended matter "except portions under suspension in I. and S. docket No.     ." When a tariff which is suspended in part is reissued, such reissue shall also cancel the tariff containing the matter which is contained in effect by the suspension. When a tariff, as to which a supplement is suspended in whole or in part, is reissued, the reissue shall cancel the tariff "except portions under suspension in supplement No.        (or in item No.   of supplement No.     ) in I. and S. docket No.     " and shall reissue the matter which is continued in effect by the suspension.

(6) A suspended rate, charge, classification, rule, regulation, or practice may not be changed or withdrawn or the effective date thereof further deferred except by order or special permission of the Commission, nor may any change be made in a rate, charge, classification, rule, regulation, or practice which is continued in effect as a result of such suspension except under order or special permission of the Commission.

(7) When the Commission vacates an order of suspension as of a date earlier than the date to which suspended, the carrier or agent who filed such suspended tariff, supplement, or revised page may file with the Commission, on not less than one day's notice, unless otherwise provided by the order, a supplemental stating the date upon which, under authority of the vacating order, the tariff supplement, revised page, item, rate, charge, classification, rule, regulation, or practice will become effective. Unless such supplement is filed naming an earlier date than the date to which suspended, the suspended schedule will become effective on the date to which suspended.

(8) When an order which suspended a tariff in its entirety is vacated, the vacating supplement filed under authority of this rule, if made effective on or before the date to which the tariff is suspended, may also include as reissues, changes or additions which have been lawfully established in supplements to the former tariff. If a new tariff has been filed during the period of suspension, cancelling the tariff proposed to be cancelled by the suspended tariff any changes or additions published in the new tariff which are not included in the suspended tariff may be included in the vacating supplement as reissued items, provided the vacating supplement also cancels such new tariff. No other matter may be included in vacating supplements. When reissued matter is published in a vacating supplement, the vacation notice must be printed in not less than 10-point type, either on the title page or immediately preceding the rate information.

(9) When a tariff containing suspended matter has been cancelled by a new tariff, except as to portions under suspension, and the Commission vacates its suspension order effective on a date subsequent to the effective date of the new tariff, a supplement must be filed to the new tariff effective on not less than one day's notice, republishing and establishing the suspended matter and cancelling the matter which was effective during the period of suspension, also cancelling the matter under suspension in the former issue. Unless this is done the matter which was suspended will not become applicable, as the effective matter in the new tariff remains in effect until cancelled. When the Commission vacates its suspension order effective on a date prior to the effective date of the new tariff, a vacating supplement, as prescribed in this section, should be filed to the old tariff and a supplement should also be filed to the new tariff on not less than one day's notice, establishing therein on the effective date thereof matter which was under suspension in the old tariff. A common supplement to both tariffs as authorized by ARM 38.3.2809 may be issued upon not less than one day's notice to accomplish this purpose.

(10) When the Commission orders the cancellation of a tariff, supplement, revised page, item, rate, charge, classification, rule, regulation, or practice theretofore suspended by it, the cancellation shall be effected by filing with the Commission upon not less than one day's notice, unless otherwise provided by the order, a supplement stating the date upon which in accordance with the commission's order said rate, charge, classification, rule, regulation, or practice is cancelled; except that, when desired, such cancellation may be accomplished in a new tariff cancelling the tariff containing the suspended matter. When an order of the Commission requires the cancellation of suspended matter on or before a date which is subsequent to the date to which suspended, carriers should endeavor to make the cancellation effective prior to the date to which the matter was suspended, in order to prevent the rates which have been found not justified from becoming effective. If the suspended matter is not cancelled on or before the date to which suspended it will be necessary, when cancelling the suspended matter, to republish and reestablish the matter continued in force during the period of suspension.

(11) Every suspension, vacating, and cancellation supplement issued under authority of this rule must bear on its title page the following notation: "Issued under authority of ARM 38.3.3001 and in compliance with order of the Montana Public Service Commission, Suspension Docket No.      , of (date)            ."

(12) Such supplements will not be counted against the number of effective supplements or the volume of supplemental matter permitted under ARM 38.3.2807, but must list effective supplements as required by ARM 38.3.2804.

(13) The provisions of this rule relating to suspension, vacating, and cancellation supplements will also govern in connection with tariffs issued in loose-leaf form, except that such supplements must not contain rates, charges, classifications, rules, regulations, or practices. All changes made in loose-leaf tariffs must be published on revised pages.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.