45 Ind. Admin. Code 16-3-23

Current through November 6, 2024

Section 45 IAC 16-3-23 - Concurrences; forms; revocation

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 23.

CONCURRENCES.

(a) Forms of concurrences. The following forms shall be issued in giving to carriers subject to these rules concurrences in tariffs which are issued and filed by such carriers or their agents in which the carriers giving concurrences are participants. The provisions of Rule 20(g) and (h) will apply also to concurrences. If two or more carriers execute powers of attorney authorizing an agent to publish joint rates for them, it will not be necessary for those carriers to exchange concurrences with each other as to the joint tariffs issued by that agent under that authority.

(b) Specific. Form P.S.C.I. C1 shall be used in giving concurrrence in a particular tariff that is issued and filed by another carrier. The original of form P.S.C.I. C1 shall be forwarded to the carrier issuing the tariff and shall by such carrier be transmitted to the Commission with the tariff. This form when not restricted will serve as continuing evidence of participation in the tariff described in the concurrence and in all supplements to and successive issues thereof. If reference to successive issues be stricken out a new concurrence will be required for each successive issue of the tariff. Except as provided above, this form shall not be qualified in any way but must evidence concurrence in all rates, rules or other provisions contained in the tariff publication named therein.

CONCURRENCE

P.S.C.I. C1 No. _____

Cancels P.S.C.I. C1 No. _____

_________________________

(Name of Carrier)

_________________________

(Post office address)

_________ , 19 _____

To the Public Service Commission of Indiana, Indianapolis, Indiana 46204.

This is to certify that (show name of carrier giving concurrence; see Note 1, to Rule 20(e)) assents to and concurs in the publication and filing of the freight tariff described below, filed by (show name of carrier to whom concurrrence is given), together with supplements thereto and successive issues thereof, and that such concurring carrier hereby makes itself a party thereto and bound thereby, insofar as such tariff applies between points on the lines or routes of (show name of carrier to whom concurrence is given), on the one hand, and points on the lines or routes of (show name of carrier giving concurrence) on the other; or rates in connection with which (show name of carrier giving concurrence) acts as an intermediate carrier between points on the lines or routes of (show name of carrier to whom concurrence is given) on the one hand, and points on the lines or routes of other carriers parties to such tariff, on the other, until this authority is revoked by formal and official notice of revocation filed with the Public Service Commission of Indiana and sent to the carrier to which this concurrence is given. Here give an exact description of the title page of the tariff, including the name of the issuing carrier, the P.S.C.I. number, and dates on which issued and effective. Issued by (name and title of office shown as issuing tariff.)

______________________________

(Name of Carrier)

By ______________________________

Attest (if a corporation):

______________________________ , Secretary.

(Corporate Seal)

(c) General. If general concurrence be given by a carrier in tariffs issued by another carrier or its agent, naming rates from or to points on its line or over its lines, form P.S.C.I. C2 shall be used. Form P.S.C.I. C2 may be executed as shown, when it will authorize publication of rates for the concurring carrier from and to points served by such carrier as well as from and to points served by other carriers where the concurring carrier acts as intermediate line. If it is desired to limit the authority granted to exclude publication of rates in connection with which the concurring carrier would act as either origin, intermediate, or destination line, the form may be modified to that extent by substituting the words "from-to" for words "between-and" or by use of other appropriate language to effect the modification authorized. When authority is given an agent to publish rates for a carrier participating under authority of a concurrence to another carrier, for whom such agent acts, care must be exercised that the rates published for the concurring carrier do not exceed the scope of the authority given.

CONCURRENCE

P.S.C.I. C2 No. _____

Cancels P.S.C.I. C2 No. _____

____________________________

(Name of the Carrier)

____________________________

(Post office address)

___________ , 19 _____

To the Public Service Commission of Indiana, Indianapolis, Indiana 46204.

This is to certify that (show name of carrier giving concurrence; see Note 1 to Rule 20(e)) assents to and concurs in the publication and filing of any freight tariff or supplement thereto, which (show name of carrier to whom concurrence is given) or such carrier's agent may publish and file, and in which the said (show name of concurring carrier) is shown as a participating carrier, and that such concurring carrier hereby makes itself a party thereto and bound thereby insofar as such tariff applies between points on the lines or routes of (show name of carrier to whom concurrence is given), on the one hand, and points on the lines or routes of (show name of carrier giving concurrence), on the other; or rates in connection with which (show name of carrier giving concurrence) acts as an intermediate carrier between points on the lines or routes of (show name of carrier to whom concurrence is given), on the one hand, and points on the lines or routes of other carriers parties, to such tariff, on the other, until this authority is revoked by formal and official notice of revocation filed with the Public Service Commission of Indiana and sent to the carrier to which this concurrence is given.

__________________________

(Name of Carrier)

By __________________________

Attest (if a corporation):

_________________________________________

(Corporate Seal)

______________________________ , Secretary

Duplicate mailed to ______________________ at

(Show complete address)

(d) Revocation of concurrence. A concurrence may be revoked upon not less than 60 days' notice to the Commission by filing a notice of revocation with the Commission, serving at the same time a copy thereof on the carrier to which such concurrence was given. Such notice shall not bear a separate serial number, but shall specify the form and number of concurrence to be revoked, shall name the carrier in whose favor issued, and shall specify a date upon which revocation is to become effective, which must not be less than 60 days subsequent to the date of its receipt by the Commission. The revocation notice shall be as follows:

REVOCATION NOTICE

______________________

(Name of Carrier)

______________________

(Post office address)

____________ , 19 _____

To the Public Service Commission of Indiana, Indianapolis, Indiana, 46204.

Effective _____ , 19 _____ , concurrence form P.S.C.I. No. _____ , issued by in favor

(Name of Carrier) of is hereby cancelled and revoked.

(Name of Carrier to whom issued)

____________________________

(Name of Carrier)

By ____________________________

Attest (if a corporation):

_________________________________

(Corporate Seal)

_____________________ , Secretary.

Duplicate mailed to:

______________________________

(Name of title of officer)

______________________________

(Name of Carrier)

______________________________

(Address)

(e) Revision of tariffs when authority revoked. When a power of attorney or concurrence is revoked, corresponding revision of the tariff or tariffs should be made effective upon statutory notice not later than the effective date stated in the notice of revocation. In the event of failure to so revise the applicable tariff or tariffs, the rates in such tariff or tariffs remain applicable until lawfully cancelled.

(f) Conflicting authority to be avoided. In giving concurrences care must be taken to avoid duplication authority to two or more carriers which, if used, would result in conflicting rates or rules.

45 IAC 16-3-23

Department of State Revenue; No. 33034: Common Carrier Freight Tariffs and Classifications PT A, Rule 21; filed Feb 15, 1973, 3:00 pm: Rules and Regs. 1974, p. 509

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 2-3-23) to the Department of State Revenue ( 45 IAC 16-3-23) by P.L. 72-1988, SECTION 12, effective July 1, 1988.