Gambar halaman

employees and allowances of expenses, and all orders pertaining to the organization and administrative work of the Commission, and such other orders as may be directed to be entered in such book by the Commission.

Record Books: "Docket" for Formal cases

The Secretary shall keep a book entitled the “Docket," in which he shall enter each formal case with a file number which shall correspond to the number of the case.

Record Books:
“Order Book" for
orders in pending

The Secretary shall keep a book entitled “Order Book,” in which shall be entered at large, on the day of their making, all orders made or passed by the Secretary as of course, or by the Commission in any pending proceedings.

Record Books:
“Special Orders”

The Secretary shall also keep a book designated “Special Orders,” in which shall be entered all applications for permission to make effective on less than statutory notice, rates, rules and regulations, and the order of the Commission thereon.

Record Books:
Indices, etc.

Separate and suitable indices of the foregoing books shall be made and kept by the Secretary.

Rule 4.

Filing papers and issuing certificates

Every communication addressed to the Commission, and all pleadings, affidavits, depositions, exhibits, plans and specifications, claims filed, reports of Inspectors and Examiners, proofs of loss, and the orders, judgments and awards of the Commission, or of a Commissioner, or of any head of a Division, Bureau, Committee or Department, or of any officer of the Commission, received or filed in the general offices of the Commission, shall be marked by an indelible stamp showing the date of its arrival at the offices of the Commission.

Filing papers-title and case number

All complaints, pleadings, dspositions, documents, reports and orders shall show by title the style of the proceedings in which they are filed, and shall be marked with the number of the case or proceeding given it by the Secretary.

Instruments requiring seal and attestation

All orders, judgments, awards, certificates, and transcripts of the records shall be issued under the seal of the Commission, duly attested by the Secretary or Assistant Secretary.

Rule 5.

Parties to
Contested Cases

Any person, private corporation, or municipality may complain to the Commission by petition in writing on the

form hereinafter prescribed, of anything done or omitted to be done by any public service utility in violation of any provision of The Public Service Commission Law of West Virginia. When the complaint relates to the rates or practices of a single public service utility, no other person or utility need by made a party, but if it relates to the matters in which two or more of such persons or utilities are interested, all such persons or utilities must be made parties defendant.

Parties Defendant-
Common Carrier

When a complaint relates to the rates or practices of common carriers operating different lines, all of the companies operating such lines must be made defendants.

Parties Defendant-
Receivers and

When any public service utility is operated by a Receiver or Trustee, both the utility and its Receiver or Trustee shall be made defendants.


Any person interested in obtaining the relief sought by the petition may file an intervening petition in any proceeding, and shall be heard therein. Such intervening petition shall set forth the facts showing the petitioner's interest in the proceeding, and if by proper order leave is granted to such person to intervene and become a party to the proceeding, such party shall be entitled to have notice of and appear at the taking of testimony, to produce and cross examine witnesses, and be heard in person or by attorney on the argument of the case, and shall be liable for costs.

Rule 6.

[merged small][merged small][ocr errors]

Complaints of unlawful rates, acts or practices, by any public service utility must be by petition, typewritten in substantially the manner set out in form number one, stating briefly the facts claimed to constitute a violation of the law. The name of the public service utility complained against must be stated in full, and the name and address of the complainant, with the name and address of his attorney or counsel, if any, must appear upon the complaint. All formal complaints must be sworn to by the complainant or his agent, and signed by his attorney, if he appears hy attorney. The complainant shall file with his formal complaint two extra copies thereof.

The Commission will cause a copy of such complaint, together with notice of investigation and an order upon the public service utility complained against, to satisfy or answer the complainant in a specified time, to be served upon the defendant personally or by registered mail, in its discretion.

Service upon defendant utility

Rule 7.

Answers-time in Within ten days from the date of service of the notice which to file

above provided for, the public service utility complained

against must file with the Commission its typewritten Must be type- answer duly verified. The time for answering in any case written and verified may be lessened or extended by the Commission for good

cause. The original answer and two copies thereof must be Service on

filed with the Secretary of the Commission, at its office in complainant the city of Charleston, and at the same time a copy thereof

shall be served personally or by registered mail upon the Must set out what complainant by the defendant, and the Secretary of the

Commission notified forthwith of such service. The answer Answers of satisfac- should specifically admit or deny the material allegations tion-filing of of the petition, and also set forth the facts which will be

relied upon to support the denial. If the defendant public service utility shall make satisfaction before answering and shall have obtained from the complainant an acknowledgment thereof in writing, showing the character and extent of the satisfaction given, the said answer may in that case, set out the facts and manner of satisfaction without any other matter. If satisfaction be made after the filing and service of the answer, such written acknowledgement must thereafter be filed by the complainant with the Secretary, and a supplemental answer setting forth the fact and manner of satisfaction may thereupon be filed with the Commission by the defendant.

Investigations on Commission's own motion, notice and answer

In case of investigation on motion of the Commission, the notice of investigation will take the place of a complaint in such proceedings. The answer of the public service utility complained of shall, in such case, be filed in the office of the Secretary of the Commission.

Rule 8.


Technical forms and allegations in pleadings are not required to be observed in complaints, answers, or other papers, and amendments or supplemental statements may be made and filed at any time, upon such terms as may be just.

Further statements of the case

A further and better statement of any cause or grounds of complaint or defense, or further and better particulars of any matter stated in any pleading, may in any case, be ordered, upon such terms as may be just.

Complaint for self Where the complainant petitions for himself and in and others. Exparte behalf of all others in like situation with himself, who may affidavits of persons elect to join therein, it shall be proper to file with the comelecting to join in plaint exparte affidavits of all such persons as may desire

to join in that proceeding, and no notice of such filing, nor copy of such affidavits, need be served upon the defendant.

the case

Parties interested may join by intervening petitions

All persons having an interest in the subject matter of the complaint or in obtaining the relief demanded may join by intervening petition as complainants, and any person may be made a defendant who has or claims a right or interest adverse to the complainant.

Complaints and Every complaint, answer or other pleading in any case answers verification setting up a statement of facts must be sworn to. of.

Revival of


In the event of the death of either party, the Commission may, upon motion, order the case to be revived in the name of the personal representatives of the deceased party, or may substitute any other person who may apply, on motion, for the same relief, and thereupon the case shall proceed to final order and judgment.

Rule 9.

Interrogatories and answers—time for filing

Either party may file with his complaint or answer, interrogatories in writing, to be answered under oath by the adverse party, for the discovery of facts and documents material in support of or defense against said complaint, and if either party be a corporation, an order may be made requiring such interrogatories to be answered under oath by any named officer of such corporation. But no order will be made requiring such interrogatories to be answered unless the same shall be accompanied by oath or affirmation of the party filing same, his agent or attorney, to the effect that he believes the answers to said interrogatories will be material about the defense or prosecution of his case. All interrogatories shall be answered and the answers filed within ten days after such order shall have been made and served upon the adverse party, or within such specified time as may be fixed by the Commission or a member thereof in such order.

Rule 10.

Notice to submit upon complaint only

A public service utility complained against which deems the petition or complaint insufficient to show a breach of legal duty, may, instead of answering or formally demurring, serve on the complainant notice of hearing on the petition, and in such case the facts stated in the petition will be deemed admitted to be true by the defendant utility, and copy of the notice must at the same time be filed with the Secretary of the Commission. The filing of an answer, however, will not be held to be an admission of the sufficiency of the complaint so as to preclude a motion to dismiss the complaint for insufficiency when made at the hearing

Rule 11.

Agreed statement of facts

The parties to any proceeding or investigation before the Commission, may, by stipulation in writing, filed with the Secretary, agree upon the facts or any portion thereof involved in the controversy, which stipulation shali be regarded and used as evidence on the hearing. It is the desire of the Commission that, whenever practicable, the parties shall agree upon the facts in all cases.

Rule 12.

Hearings on complaints at General Sessions

When issue is joined by the service of an answer or notice of hearing on the complainant, the Commission will set a time and place for hearing the case, which will be at its offices in the City of Charleston, unless otherwise ordered. Witnesses may be examined orally before the Commission, and when so examined their testimony shall be reduced to writing and filed as a part of the record of the case. The complainants must in all cases, establish the facts alleged to constitute a violation of the law, unless the public service utility complained against admits the same or fails to answer the petition. The defandant must also prove the facts alleged in the answer, unless admitted by the compalinant, and must fully disclose his defense at the hearing.

Failure to


In case of failure to answer, the Commission will take such proof of the facts it may deem proper and reasonable, and may make such order thereon as the circumstances of the case may require.


Cases may be argued orally upon submission after hearing of the testimony, but oral argument may be limited or omitted, in the discretion of the Commission.

Rule 13.

Briefs—time in which to file. Number of copies

In all contested hearings printed or tpyewritten briefs may be filed on behalf of any or all parties interested; same to be filed with the Commission, and copies delivered to the adverse party or parties. Complainant to have twenty

« SebelumnyaLanjutkan »