Section 45 IAC 16-3-12 - Suspension of publicationAuthority: IC 8-2.1-18-6
Affected: IC 8-2.1-18
Sec. 12.
SUSPENDED MATTER.
(a) Supplement announcing suspension. (1) Upon receipt of an order suspending any publication in part or in its entirety, the carrier or agent who filed such publication shall immediately file with the Commission, and post in accordance with Rule 18, a consecutively numbered supplement, which shall not bear an effective date, containing a notice of suspension specifically indicating the portion of the publication that is under suspension and the date to which such matter is suspended, also stating that rates and provisions under suspension may not be used during the period of suspension and giving specific reference by P.S.C.I. number or numbers to the tariff or tariffs or supplements thereto or revised pages thereof in which rates, charges, classifications, rules, or provisions respecting practices continued in effect will be found. Such supplement shall quote the portions of the order which describe the suspended matter contained in the publication, the paragraph of the order naming the date to which such matter is suspended and the paragraph prohibiting changes in the matter continued in effect during the period of suspension. (2) Upon receipt of an order resuspending any publication in part or its entirety beyond the date to which originally suspended the carrier or agent who filed such publication shall immediately issue and file with the Commission a supplement to each suspended tariff, which shall not bear an effective date, quoting in full the resuspension order and showing on the title page thereof a statement to the effect that the provisions suspended by the original suspension order in Investigation and Suspension Docket No. _____ as indicated by Supplement No. _____ (here show the number of the supplement announcing the original suspension under the same I. and S. Docket number) are further suspended until _____ (here show the date to which the suspended matter is further suspended, as indicated in the resuspension order).
(b) Reissue of suspended matter to be cancelled. If, prior to the filing of the supplement announcing suspension, a carrier or agent files a later supplement which contains as reissues the matter suspended in the previous supplement, the suspension supplement required by this section 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 later supplement which cancels the suspended matter. (c) Reissue of effective tariff when suspended tariff is ordered cancelled. (1) When the Commission suspends an entire tariff, any tariffs which would have been cancelled by the suspended tariff are continued in effect and will remain in force during the period of suspension or until lawfully cancelled or reissued. Except in the case of loose-leaf tariffs or tariffs of less than five pages, supplements to tariffs thus continued in effect containing additions to and changes in matter not sought to be changed by the suspended tariff, may be filed without regard to the volume of supplemental matter which the effective supplements in the aggregate contain. If the volume of supplemental matter permitted by Rule 6(d) is exceeded under authority of this paragraph and the Commission orders the cancellation of the suspended tariff, the volume of supplemental matter in the tariff continued in effect by such suspension shall be brought within the requirements by Rule 6(d) by supplement filed within 120 days, or such tariff shall be reissued within that time. (2) Suspension of portions of a tariff or of matter contained in a supplement does not authorize disregard of Rule 6(d) relative to the permissible volume of supplemental matter in and the number of effective supplements to such tariff, except that a supplement containing volume of supplemental matter permitted of such tariff under Rule 6(d) provided the effective matter in such supplement is reissued and the supplement itself, except the suspended portions thereof is cancelled. (3) 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. _____ ." If a supplement is suspended in whole or in part and the tariff is thereafter reissued, the reissue shall cancel the tariff "Except portions under suspension in
Supplement No. _____ (or in Item No. _____ or Supplement No. _____) in I. and S. Docket No. _____ " and, if the matter continued in effect by the suspension is contained in the tariff being reissued, such matter shall be brought forward. When a tariff which is suspended in part is reissued, such reissue shall cancel the tariff containing the matter which is continued in effect by reason of the suspension when such tariff contains no other effective matter.
(d) No change may be made in suspended provisions not in provisions left in effect by reason of suspension. A suspended rate, charge, classification, rule or provision respecting practices 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 or provision respecting practices which is continued in effect as a result of such suspension except under order or special permission of the Commission. (e) When Commission's order of suspension vacated. (1) When the Commission vacates an order of suspension effective on a date earlier than the date to which the matter is suspended, the carrier or agent who filed the suspended tariff, supplement, or revised page may file with the Commission, and post in accordance with Rule 18, on not less than 1 day's notice, unless otherwise provided by the order, a supplement stating the date upon which, under authority of the vacating order, the tariff, supplement, revised page, item, rate, charge, classification, rule or provision respecting practices will become effective. Unless the supplement announcing vacation is filed naming a date earlier than the date to which it is suspended, the suspended matter will become effective on that date. (2) When an order which suspended a tariff in its entirety is vacated, the vacating supplement, if made effective on or before the date to which the tariff is suspended, may also include as reissues, any changes or additions lawfully established in supplements to the tariff which remained in effect during the period of suspension. If a new tariff is filed during the period of suspension, cancelling the tariff sought 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 vacating supplement as reissued matter, provided the vacating supplement also cancels such new tariff. When reissued matter is published in a vacating supplement the vacating notice shall be printed in not less than 10-point type, either on the title page or immediately following indexes of points and commodities, if any. (3) When a tariff containing suspended matter is cancelled during the period of suspension, except portions under suspension, by a new tariff, and the Commission vacates its suspension order in its entirety effective on a date subsequent to the effective date of the new tariff, a supplement to the new tariff effective on not less than 1 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, shall be filed and posted in accordance with Rule 18. When the Commission vacates its suspension order effective on a date prior to the effective date of the new tariff, a vacating supplement to the old tariff should be filed and posted and a supplement to the new tariff should also be filed and posted on not less than 1 day's notice, establishing therein on the effective date of such new tariff, matter which was under suspension in the old tariff. A common supplement to both tariffs as authorized by Rule 6(f) may be filed and posted upon not less than 1 day's notice to accomplish this purpose. (f) Cancellation of suspended matter. When the Commission orders the cancellation of a tariff, supplement, revised page, item, rate, charge, classification, rule or provision respecting practices previously suspended by it, the cancellation shall be effected by filing with the Commission and posting upon not less than 1 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 or provision respecting practices is cancelled; except that, when desired, such cancellation may be accomplished in a new tariff cancelling the tariff containing the suspended matter. (g) Notation on supplement. (1) Every suspension, vacating and cancellation supplement issued under authority of this rule shall bear on its title page the following notation: "Issued under authority of Rule 10, Part A, Tariff Regulations, and in compliance with order of the Public Service Commission of Indiana, in Investigation and Suspension Docket No. _____ of ." (Date)
(2) Such supplements will not be counted against the number of effective supplements or the volume of supplemental matter permitted under Rule 6(d) but they must list effective supplements as required by Rule 6(a). (3) 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 shall not contain rates, charges, classifications, rules, or provisions respecting practices. All changes made in loose-leaf tariffs shall be published on revised pages. (4) Supplements issued under authority of this rule shall contain nothing except matter permitted thereunder. Department of State Revenue; No. 33034: Common Carrier Freight Tariffs and Classifications PT A, Rule 10; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 484Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-3-12) to the Department of State Revenue ( 45 IAC 16-3-12) by P.L. 72-1988, SECTION 12, effective July 1, 1988.