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days after final hearing, or in case the evidence shall be transcribed, within twenty days thereafter, within which to file briefs with the Commission, and opposing counsel ten days after receiving brief of complainant to answer, and the complainant shall have five days additional time for reply. At least fifteen copies of all printed and at least five copies of typewritten briefs shall be filed with the Secretary for the use of the Commission and shall be accompanied by a statement that a copy or copies of same have been filed with the adverse party. In each case a copy thereof shall be furnished the adverse party or parties or their attorney at the time said briefs are filed.
Application for re-hearing must be made by petition within thirty days after final decision and order; said petition to state specifically the grounds upon which the application is based. If such application be to reopen the case for further evidence, the nature and relevancy of such evidence must be briefly stated and the evidence must not be merely cumulative. If the application be for a rehearing, the petition must specifically state the findings of fact and conclusions of law claimed to be erroneous, with a brief statement of the grounds of arror; and when any decision, or order of the Commission is sought to be suspended, modified or revoked on account of facts and circumstances arising subsequent to the hearing, or of consequence resulting from compliance with such decision or order, which are claimed to justify the reconsideration of the case, the facts and circumstances relied upon by the applicant must be fully set forth. Such petitions must be sworn to and a copy thereof, with notice of the time and place when the application will be made, must be served upon the adverse party at least 'en days before the time named in such notice.
Application for Where an application to change rates has been made and change of rates not final order entered thereon the Commission will not conto be made within sider an application to again change such rates within six six months from last months from the time such final order was entered. final order
Clerical mistakescorrection of
Clerical mistakes in orders or judgments, or errors arising from any accidental omission, may be corrected by order of the Commission, or upon motion or petition, of any party affected, without the form or expense of a rehearing.
Before any hydro-eoectric or water power corporation Approval of plans shall proceed to construct a dam across any of the rivers or and specifications streams of this state, or to condemn lands for water power
purposes, such corporation shall make application to the Commission, upon publication of notice as required by Section 17 of Chapter 54 B of the Code of West Virginia of 1918, and shall obtain the approval of the Commission for said proposed dam, and the hearing upon all such applications shall be held at its offices in the City of Charleston, unless otherwise ordered. All applications shall be type
written or printed and filed in triplicate. Dams
Leave to file objections to such application shall be Objections to appli- granted to any person interested, within such reasonablecations to construct time as the Commission may prescribe; and all the re
quirements of said chapter shall be strictly complied with
by such applicant. Dams
Upon receipt by the Commission of an application from Notice of time and a corporation to construct dams and condemn lands, an place of hearing on order will be entered fixing the time and place for hearing application to upon said application, and requiring that a copy of said orconstruct
der together with such other information in regard to said application as may be deemed advisable, be published and posted in such newspapers and places as may be directed by the Commission, and as required by law.
Applications to change rates or discontinue service
Every public service utility desiring to change its rates, tolls, charges or classifications, or discontinue service, shall file its application on the form prescribed by the Commission, and hereinafter set forth. (Form No. 3, for change of Service, Form No. 4 for Rates). Three copies of such application must be filed with the Secretary of the Commission.
Application to change rates or discontinue service -Procedure after filing
Upon receipt of the application, an order will be entered fixing the time and place of hearing on said application, and directing the applicant, unless otherwise ordered, to publish a copy of such order once each week for four successive weeks in two newspapers of opposite politics and of general circulation, if such there be, in the counties affected by the proposed change in rates; and further directing the applicant to notify each consumer or subscriber of the proposed change in rates at least fifteen days prior to the date of hearing, on a form of notice prescribed by the Commission. The applicant is required (as set out in the order) to furnish the Secretary of the Commission with the publishers' affidavit of the publication of the order.
Notice to parties
The process of notice, with copy of complaint attached, or subpoena to require the defendant to appear and answer the complaint, or to make reparation, shall be the proper process in the first instance; and if not served other notices or subpoenas may be issued from time to time, and obedience to such process may be compelled as provided by law.
Subpoenas requiring the attendance of witnesses from any place in the State of West Virginia, at any designated place of hearing before the Commission, or a member thereof, for the purpose of taking testimony of such witness, will be issued upon the application of either party, by the Secretary or any member of the Commission. Subpoena for the production of books, papers or documents will also be issued by the Secretary or any member of the Commission upon application in writing, or by the Commission upon its own motion. Such application must be verified by affidavit and set forth in a general way the books, papers or documents desired to be produced, and that the applicant believes they will be of service in the determination of the merits of the case.
Witness fees and costs
Witness fees necessary and incident to hearing before the Commission shall be paid by the party at whose instance the witness is summoned. No witness fees will be allowed except on subpoena. In all cases the fee allowed will be the same as those allowed by the circuit courts of this state.
Service of subpoenas for witnesses
All subpoenas for parties or witnesses, and all notices, shall be served by deliveing a copy thereof personallı to the party to be served, or in the manner prescribed by law for service of like processes issuing out of the circuit courts of this state; but notices may also be served by registered mail in those cases where this manner of service is expressly permitted by the statutes or by these rules.
Depositions in cases The testimony of any witness may be taken by depositmust be taken as in ion, at the instance of a party, in any proceeding or investicivil cases in courts gation at any time after the same is at issue by the consent of record
of the Commission. The Commission may of its own
motion, also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions shall be taken in the manner prescribed by the laws of West Virginia for taking depositions in civil cases in courts of record.
Depositions-Notice for taking
Reasonable notice for the taking of depositions shall be given to the adverse party.
Depositionsin proceedings instituted by Commission on its own motion
In any proceeding instituted by the Commission on its own motion, reasonable notice to take depositions on behalf of the defendant utility must be given to the Secretary or a member of the Commission, or such person as may have been previously designated by the Commission to be served with such notice, and the time and place for the taking of such depositions must be agreed to by the Commission or its officer designated for that purpose.
When deemed necessary by the Commission, a stenographer may be appointed who shall take down the testimony in shorthand and, if required, transcribe the same, such stenographer having been first duly sworn according to law. His fee in each case shall be fixed by the Commission and in its discretion taxed as a part of the cost of the proceeding.
Withdrawal of original papers
No pleading or other original papers in any case shall be withdrawn from the files of the case in the Secretary's office, except upon special order of the Commission, or a member of the Commission permitting such withdrawal; but certified copies of all such papers may be obtained by any person interested upon payment to the Secretary of the fees fixed by statute to be paid to a clerk of the Circuit Court for like service.
Notice of orders entered without knowledge of party complained against
When an order is made in the office of the Secretary, or by any member of the Commission, without prior notice to, or in the absence of the party complained against, the Secretary shall, unless otherwise directed by the Commission or a member thereof, forthwith send a copy of such order by mail to such party, or his attorney of record.
Hearings on motion
Contested motions and complaints which require ten days notice before hearing, shall be heard and disposed of at any date fixed by the Commission, but any member of the Commission may, at any time and place, and on such notice, if any, as he may consider reasonable, or without notice in his discretion, make and direct all interlocutory orders, rulings and proceedings for the advancement, conduct and hearing of any case, proceeding or investigation.
Calendar for the general session
Prior to the monthly General Session of the Commission, the Secretary shall make up a complete calendar of all contested motions and of all cases upon complaints which have come to issue and are ready for hearing, and shall set down every such motion and case for hearing at the next General Session of the Commission on a certain day, and shall forthwith give notice by mail to both complainant and defendant, or their respective attorneys of record, of the day and hour set for such hearings.
Calling cases on CalendarOrder of
At such General Sessions of the Commission the matters so set on such calendar shall be called for hearing in their order and on the day set therefor, unless continued for cause or otherwise disposed of.
Calling cases on Calendar-Oral arguments upon.
Oral argument may be allowed to the attorneys of the respective parties in the discretion of the Commission.
Rules of practice in state courts—when applicable
When any doubt or question shall arise as to a rule of 1
pleading and practice, or for the taking of evidence, not. expresslly provided for in these rules or in Chapter 15-0 of the Code of West Virginia of 1918, creating and granting powers to the Public Service Commission, the Commission will follow the rules and practice of the circuit courts, and of the Supreme Court of Appeals of this state on the chancery side thereof, as far as such rules can be reasonably and justly made applicable to the applications, investigations, complaints, motions and cases pending before the Commission.
Final orders and reports of decisions
In all contested cases when the Commission shall enter its final order of judgment, it will, when deemed necessary, prepare a concise written opinion, which shall set forth a