4 N.C. Admin. Code 11R04-02

Current through Register Vol. 39, No. 9, November 1, 2024

Section 11 R04-02 - REQUIREMENTS AS TO SIZE, FORM IDENTIFICATION AND FILING OF TARIFFS

(a) All tariffs and supplements thereto shall be in book, pamphlet, or loose-leaf form of size 8 x 11 inches, and shall be plainly printed, planographed, stereotyped, or reproduced by other similar durable process on paper of good quality. No alteration in writing or erasure shall be made in any tariff or supplement thereto. The size requirement of this rule is not applicable to railway express carriers.

(b) A margin of not less than five eighths of an inch, without any printing thereon, shall be allowed at the binding edge of each tariff or supplement thereto.

(c) An N.C.U.C. number or a tariff serial number of the issuing carrier shall be shown on the title page of the tariff. The N.C.U.C. numbers shall run consecutively beginning with the number immediately following the last number utilized; or, if no tariffs have been issued previously, the numbering shall begin with N.C.U.C. No. 1 and continue in consecutive order. If issuing carrier uses a tariff number in lieu of an N.C.U.C. number, each tariff must bear a serial number of the issuing carrier, and as each such tariff is reissued the number must be retained and letter suffixes in sequence beginning with "A" be added to the numeral; and when the alphabet is thus exhausted the reissue of the tariff carrying the suffix "Z" will be given the suffixes "A", "B", etc., thus starting over again with the alphabet. Immediately under the N.C.U.C. number or the tariff serial number, as the case may be, the N.C.U.C. number or the tariff serial number of the tariff canceled thereby shall be shown. Revised pages to loose-leaf tariffs shall also be properly identified.

(d) When it is desired to make changes in the rates, ratings, rules, or other provisions of a tariff, other than a loose-leaf tariff, without reissuing the tariff, a supplement constructed generally in the same manner as is the tariff which it supplements may be issued to the tariff.

(1) The supplement numbers of supplements issued to a tariff may be designated on the upper right-hand corner of the title page as

Supplement No. 1

N.C.U.C. No. __

or may be designated in the upper central portion of the title page; or if tariff bears no N.C.U.C. number the first supplement number shall be designated immediately above the freight tariff number, as

Supplement No. 1

Tariff No. __

(2) Subsequent supplements shall be numbered consecutively in like manner. Each supplement shall specify on its title page immediately under the supplement number and N.C.U.C. number or tariff number of the tariff supplemented, the publications which the supplement cancels and shall also specify the supplements that are in effect.

(3) When purely intrastate supplements are issued to tariffs containing both interstate and intrastate rates, ratings, rules or other provisions, such supplements may be assigned the number of the last I.C.C. supplement with capital letters of the alphabet (used consecutively) added, such as "5A", except that if any intrastate supplements be issued prior to Supplement No. 1, such intrastate supplements are to be identified with capital letters of the alphabet used consecutively, such as "A", "B", etc.

(4) The matter contained in each supplement shall be arranged in the same general manner and order as in the tariff which it amends and when points in a tariff are given index or item numbers the same index or item number, as the case may be, must be assigned to the same point in all supplements to the tariff.

(5) Except as may be otherwise provided in these rules, a tariff of six (6) pages or less may not have in effect at any time more than two (2) supplements; not more than three (3) supplements may be in effect at any time to a tariff containing seven (7) and not more than sixteen (16) pages; not more than four (4) supplements may be in effect at any time to a tariff containing seventeen (17) and not more than eighty (80) pages; not more than five (5) supplements may be in effect at any time to a tariff containing eighty-one (81) and not more than two hundred (200) pages, and not more than six (6) supplements may be in effect at any time to a tariff containing more than two hundred (200) pages. The supplemental matter hereinabove mentioned may in the aggregate be not more than fifty (50) percent of the number of pages in the involved tariff including the title page thereof, except it may exceed the volume authorized only to the extent necessary to complete the page of supplemental matter when the tariff is not evenly divisible to equal fifty (50) percent. For example, a tariff with nineteen (19) pages, title page inclusive, may not have in effect at any time more than four (4) supplements thereto or an aggregate of ten (10) pages of supplemental matter. Except further, that suspension supplements and supplements containing only suspended matter and issued as a result of an order of the North Carolina Utilities Commission shall not be included in the number of supplements or aggregate of pages of supplemental matter as hereinabove enumerated. Except further, that the title page of no supplement shall be included in the aggregate of the supplemental matter.

(e) Except as otherwise provided in this rule, each carrier shall file tariffs and supplements under consecutive N.C.U.C. numbers, tariff numbers, or supplement numbers. If, for any reason this is not done, the tariff or supplement which is not numbered consecutively with the publication last filed must be accompanied by a memorandum explaining why consecutive numbers were not used.

(f) On the upper central portion of the title page shall be shown the name of the issuing carrier. When an individual or partnership operates under a trade name, the individual name or names shall precede the trade name (See G.S. 66-68 et seq.).

(g) When one or more carriers participate in an individual carrier tariff, the individual names and firm names or (in the case of corporations) corporate names of the participating carriers, and the cities and states in which their principal offices are located, shall be alphabetically arranged in such tariff.

(h) Issuing carriers shall transmit to the Commission six (6) copies of each tariff, supplement, or revised page. All copies shall be included in one package, accompanied by a letter of transmittal in triplicate, listing all tariffs enclosed and addressed to the Public Staff - North Carolina Utilities Commission, Transportation Rates Division, 4326 Mail Service Center, Raleigh, NC 27699-4326. All postage, etc., must be prepaid.

04 N.C. Admin. Code 11 R04-02

NCUC Docket No. M-100, Sub 26, 4/20/70; NCUC Docket No. M-100, Sub 75, 10/27/77; NCUC Docket No. M-100, Sub 128, 04/10/00; NCUC Docket No. T-100, Sub 49, 02/02/04.