Authority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 31.
APPLICATIONS FOR SPECIAL PERMISSION.
(a) Reductions in rates and charges and
establishment of new rates and charges on less than statutory notice; waiver of
requirements of these regulations. The Act authorizes the Commission in its
discretion and for good cause shown to permit reductions in or the
establishment of new rates or charges on less than statutory notice, and also
to permit departure from the Commission's regulations. This authority will be
exercised only in cases where actual emergency and real merit are shown.
Commercial competition or the desire to meet the rates of a competing carrier
that has given statutory notice for reduced rates or for the establishment of
new rates and charges will not of itself be regarded as cause for permitting
changes in rates or other provisions on less than statutory notice. Clerical or
typographical errors in schedules constitute good cause for the exercise of
this authority, but every application based thereon must plainly specify the
error, together with a full statement of the attending circumstances and must
be presented with reasonable promptness after publication of the defective
schedule.
(b) Form of application.
Applications shall be submitted in duplicate on paper either 8 x 11 inches or 8
1/2 x 11 inches in substantially the form set forth in this paragraph and shall
furnish all pertinent information. They should be numbered consecutively and
must bear the signature and title of the owner or of an officer or duly
authorized representative of the carrier.
______________________________
(Address)
______________________________
(Date) TO THE PUBLIC SERVICE COMMISSION OF INDIANA 901 STATE
OFFICE BUILDING INDIANAPOLIS, INDIANA 46204
APPLICATION NO. _____
_________________________ , by _____
(Name of Carrier)
_____________________________________
(Name of officer, specifying title)
does hereby petition the Public Service Commission of Indiana
that he (it) be permitted, under Section 18 of the Act, to put in force the
following provisions to become effective _____ days after the filing thereof
with the Public Service Commission.
(Here show matter as directed by Paragraph (d) of Rule 4
[this section].)
Your petitioner further represents that the said (state
whether rates, charges, or other provisions) above mentioned will be published
in (here show matter as directed by paragraph (e) of Rule 4
[this
section].)
(1) (Here state
matter as directed by Paragraph (f) of Rule 4
[this section].)
(2) (Here state matter as directed
by Paragraph (g) of Rule 4
[this section].)
(3) (Here show justification as directed by
Paragraph (h) of Rule 4
[this section].)
______________________
(Name of Carrier)
By ______________________
(Name and title) Verification:
The above statement was subscribed and sworn to before me
this _____ day of _____ , 19 _____ .
____________________
(Notary Public)
(c) Partial use of authority prohibited. The
authority granted by special permission, if used, must be used in its entirety
and in the manner set forth in the order of special permission. If it is not
desired to use all of the authority granted, and less or more extensive or
different authority is desired, a new application complying with the provisions
of this rule in all respects and referring to the previous permission must be
filed.
(d) Proposed provisions.
The proposed provisions shall be set forth clearly and completely in the
Application. An accompanying exhibit may be used if identified by letter, such
as "Exhibit A," and so referred to in the application. If the proposed
provisions consist of rates, all points of origin and destination must be shown
or definitely indicated; if permission is sought to establish a rule, the exact
wording of the proposed rule must be given.
(e) P.S.C.I. numbers to be shown. The
application shall show P.S.C.I. numbers of the schedules in which the proposed
rates, rules or other provisions will be published. If publication is to be
made in schedules already referred to, that shall be stated.
(f) Rates desired to be changed. The
application shall set forth the rates or provisions which it is desired to
change. Where the matter to be shown is voluminous or for other reasons
difficult of presentation, it shall be included in any accompanying exhibit,
properly identified and referred to in the application. Reference shall be made
by P.S.C.I. number, supplement number and item or page number to the schedules
in which rates or provisions to be superseded are published. The extent to
which cancellations will be made must be definitely indicated.
(g) Carriers, schedule or tariff numbers,
notifications, advisements and objections. Where changes in rates or practices
or where new rates or practices are proposed, applications should name the
carriers, and specify by P.S.C.I. or I.R.C. number the schedules or tariffs
maintaining corresponding rates or other provisions. Applications should also
state whether those carriers have been notified of the application, including
any short-notice features. Applications to establish on less than thirty days'
notice schedules to cover temporary operating authority granted under the
authority of Section 28a of the Act should show that common carriers or their
tariff publishing agents as well as contract carriers maintaining corresponding
rates or other provisions have been advised of the proposals. All applications
shall state what objections or other views have been expressed by the carriers
so notified. The Commission must obtain information of the types mentioned
before acting upon requests for tariff-circular relief or short notice; and
applications will be handled with materially more speed when the carriers in
filing their applications are careful to furnish the facts requested.
(h) Special circumstances.
Applications shall state the special circumstances or unusual conditions relied
upon as justifying the requested permission, together with any related facts or
circumstances which may aid the Commission in determining whether the requested
permission is justified. If permission to establish provisions on less than
statutory notice is sought, the petitioner shall state why the proposed
provisions could not have been established upon thirty days' notice.
