(1) (a) In the case of a public utility
other than a rail carrier, subject to the provisions of paragraph (c) of this subsection
(1), no change shall be made by any public utility in any rate, fare, toll, rental,
charge, or classification or in any rule, regulation, or contract relating to or
affecting any rate, fare, toll, rental, charge, classification, or service or in any
privilege or facility, except after thirty days' notice to the commission and the
public. Notwithstanding the provisions of this paragraph (a), changes in intrastate
telecommunications services which have been determined by the commission to be
competitive in nature, pursuant to the provisions of article 15 of this title, shall not
be subject to any notice requirement, including, but not limited to, any requirement
in this section whether or not denoted as a notice requirement.
(b) Repealed.
(c) (I) A public utility shall provide the notice required under subsection (1)(a)
of this section by filing with the commission and keeping open for public inspection
new schedules stating plainly the changes to be made in the schedules then in
force and the time when the changes will go into effect. At the time of the public
utility's filing with the commission, the public utility shall post the notice on its
public website, including a reference to the docket numbers of relevant rules or
adjudicatory matters, which posting must be conspicuously displayed on the
website for at least thirty days. The commission may require transportation and
water utilities to give additional notice in a manner set forth by order or rule. For
public utilities other than transportation and water utilities, the commission shall
require additional notice prior to an increase or other change in any rate, fare, toll,
rental, charge, classification, or service, which additional notice may be made, at
the option of the public utility, by any of the following methods:
(A) Publication of a notice in each newspaper of general circulation in each
county in which the public utility provides service, which notice shall be four
columns wide and eleven inches high stating plainly the changes and shall be
published once each week for two successive weeks during the first twenty days of
the thirty-day period prior to the effective date of the increase or change. If notice
is given by publication, public utilities other than those providing intrastate
telecommunications services pursuant to section 40-15-104 (1) shall also be
required to include, with each regular billing statement mailed to affected
customers during the first regular billing cycle following the filing of the
application for an increase or other change, a bill insert containing the same
information contained in the notice by newspaper publication.
(B) Mailing of a notice to each affected customer of the public utility during
the first twenty days of the thirty-day period prior to the effective date of the
increase or change;
(C) Inclusion of an insert in, or a clear and conspicuous statement on, the bill
mailed to each affected customer of the public utility during a regular billing cycle
not later than the twentieth day of the thirty-day period prior to the effective date
of the increase or change;
(D) Subject to subsection (1)(c)(VII) of this section, not later than the
twentieth day of the thirty-day period before the effective date of the increase or
change, sending an email or text message to each affected customer of the public
utility for whom the utility has an email address or a mobile telephone number; or
(E) At the request of the public utility, such other manner as the commission
may prescribe.
(II) Such additional notice shall be sufficient if it states the total dollar
amount sought to be raised by such increased rates or other changes and, if
determinable at the time of filing, the average monthly increase, by dollar amount
or percentage, to customers served under residential and small business tariffs;
states the effective date or dates thereof; contains a general description of the
types of services to be affected thereby; informs affected customers, other than
residential and small business customers, where they may call to obtain information
during the thirty-day period prior to the effective date of the proposed increases or
changes concerning how such increases or changes will affect them; and includes
the telephone number and address of the commission with instructions regarding
the registration of a protest to the proposed increases or changes. Proof of
additional notice shall be filed by the public utility with the commission.
(III) Increases in rates, fares, tolls, rentals, or charges associated with
electric and gas utility adjustment clauses are subject only to the provisions of
subsection (2) of this section.
(IV) For public utilities other than transportation and water utilities, where
increases or changes in any rate, fare, toll, rental, charge, classification, or service
result from requested increases in revenue requirements and rate restructuring and
are contained in a single advice letter or application, the additional notice required
under subparagraphs (I) and (II) of this paragraph (c) shall be deemed sufficient if a
single notice is given even if more than one proceeding is established by the
commission with respect to the increases or changes.
(V) In the case of a public utility that provides regulated intrastate
telecommunications services:
(A) Notice of a decrease in a rate or charge for any regulated
telecommunications service shall be given by filing with the commission and
keeping open for public inspection for a period of fourteen days the new schedule
stating plainly the decrease to be made and the time that the decrease will become
effective. Such decreases shall not be subject to any additional notice
requirements.
(B) Notice of changes in terms and conditions for any regulated
telecommunications service shall be given by filing with the commission and
keeping open for public inspection for a period of fourteen days the new schedule
stating plainly the changes to be made in the terms and conditions and the time
that the changes will become effective. Such changes in the terms and conditions
shall not be subject to any additional notice requirements unless the commission
determines that such additional notice is in the public interest. Any such additional
notice shall be given in a manner specified by the commission.
(VI) A public utility that provides additional notice pursuant to subsection
(1)(c)(I) of this section must include in the additional notice:
(A) The public utility's public website address; and
(B) A toll-free telephone number associated with the public utility that a
customer may call for additional information or assistance. If a public utility sends
additional notice by email or text message pursuant to subsection (1)(c)(I)(D) of this
section, the email or text message need not include all information required by this
subsection (1)(c)(VI); however, the email or text message must include a link to the
portion of the public utility's public website where that information is posted.
(VII) A public utility may provide additional notice pursuant to subsection
(1)(c)(I)(D) of this section only if the public utility provides its customers with a
mechanism by which a customer may opt out of receiving email or text message
notifications. For any customer that opts out, the public utility shall provide an
alternate method of additional notice authorized under subsection (1)(c)(I) of this
section.
(2) The commission, for good cause shown, may allow changes with less
notice than is required by subsection (1) of this section by an order specifying the
changes so to be made and the time when they shall take effect and the manner in
which they shall be filed and published.
(3) When any change is proposed in any rate, fare, toll, rental, charge, or
classification or in any form of contract or agreement or in any rule, regulation, or
contract relating to or affecting any rate, fare, toll, rental, charge, classification, or
service or in any privilege or facility, attention shall be directed to such change on
the schedule filed with the commission immediately preceding or following the
item.
(4) and (5) Repealed.