Tariff Filings: A Lawyer’s Perspective Gerald Wuetcher Assistant General Counsel Public Service Commission

FILED RATE DOCTRINE KRS : (1) Under rules prescribed by the commission, each utility shall file with the commission, within such time and in such form as the commission designates, schedules showing all rates and conditions for service established by it and collected or enforced. The utility shall keep copies of its schedules open to public inspection under such rules as the commission prescribes.

FILED RATE DOCTRINE KRS : (2) No utility shall charge, demand, collect or receive from any person a greater or less compensation for any service rendered or to be rendered than that prescribed in its filed schedules, and no person shall receive any service from any utility for a compensation greater or less than that prescribed in such schedules.

Tariff Filings: A Lawyer’s Perspective What is a rate?

Tariff Filings: A Lawyer’s Perspective What is a “condition of service”?

Tariff Filings: A Lawyer’s Perspective Effect of the Filed Rate Doctrine

Tariff Filings: A Lawyer’s Perspective Purpose Behind the Rule  Ensures PSC review of rates/rules.  Prevent Discrimination.

Tariff Filings: A Lawyer’s Perspective Applying the Filed Rate Doctrine: The Rules  If a fee is not in your tariff, you cannot charge it.  If a rule is not in your tariff, you cannot enforce it.  If a requirement is not in your tariff, you cannot impose it.  If a service is not in your tariff, you cannot be required to provide it.

Tariff Filings: A Lawyer’s Perspective Applying the Filed Rate Doctrine: The Rules  If a requirement is in your tariff, you must enforce it.  If a charge or fee is in your tariff, you must charge it.

Tariff Filings: A Lawyer’s Perspective Billing Errors/Leak Adjustments: Common Problems

Tariff Filings: A Lawyer’s Perspective Defenses/Exceptions to the Filed Rate Doctrine

Tariff Filings: A Lawyer’s Perspective Sanctions for Violating the Filed Rate Doctrine

Tariff Filings: A Lawyer’s Perspective Required Tariff Provisions

Tariff Filings: A Lawyer’s Perspective Tariff Filings Procedure

Tariff Filings: A Lawyer’s Perspective Non-Recurring Charges

Tariff Filings: A Lawyer’s Perspective Free Service to Fire Departments

Tariff Filings: A Lawyer’s Perspective Free Service: Water District Officials Employees Churches/Non-profit groups

Tariff Filings: A Lawyer’s Perspective n Emergency Service: Utility may grant free or reduced rate service for the purpose of providing relief in case of flood, epidemic, pestilence, or other calamity n Notice & Approval of PSC Required n Emergency Exception – Must notify PSC w/i 5 days of providing the service

Tariff Filings: A Lawyer’s Perspective Special Contracts

Tariff Filings: A Lawyer’s Perspective Landlord/Tenant/Renter Issues n Required Landlord Guarantee of Payment n Increased Deposit Requirement for Renters n Imputation of Debts to Co-Renters

Tariff Filings: A Lawyer’s Perspective Credit Cards

Tariff Filings: A Lawyer’s Perspective Fire Protection Issues Disclaimer - Ability to Provide Fire Protection Service Fire Sprinkler Service (Rules) Limits on Free Water

Tariff Filings: A Lawyer’s Perspective Water Shortage Response Plans

Tariff Filings: A Lawyer’s Perspective Water Distribution Main Extension Practices

Tariff Filings: A Lawyer’s Perspective Purchase Water Adjustments

Tariff Filings: A Lawyer’s Perspective Municipal Wholesale Contracts

Tariff Filings: A Lawyer’s Perspective CONCLUSION

Tariff Filings: A Lawyer’s Perspective Gerald Wuetcher Assistant General Counsel Public Service Commission