SECTION 7.315. Filing of Tariffs

(a) Filing requirements for all tariffs. Each gas utility shall file with the Commission through the Commission's web site using an electronic format as prescribed by the Commission and the instructions contained in the Electronic Data Interchange (EDI) manual on the Commission's web site a tariff complying with minimum requirements as defined in subsections (c) and (d) of this section for all rates which are within the original or appellate jurisdiction of the Commission and which are currently in force for any gas utility service, product, or commodity. If the rate charged is based on a formula or requires a calculation to determine the unit rate to be charged, the utility shall, in the tariff filing, identify and report all components used in the calculation of the unit rate, including each component of the cost of gas. Each utility providing gas distribution system service or sales shall file, as part of the rates, copies of all rules and regulations relating to or affecting rates, utility service, products, or commodities furnished by the gas utility. Electronic filing instructions may be obtained on the Gas Services page of the Commission's web site.

(b) Filing requirements for changes in rates or services. Whenever there is a change in any of the matters required to be filed by subsection (a) of this section, the utility shall file revised tariffs containing the minimum requirements as defined in subsections (c) and (d) of this section. If the rate charged is adjusted pursuant to an escalation provision or formula, the utility shall file an amended tariff that shows the current rate charged, including the unit of measure and the effective date. The utility shall file revised tariffs with Gas Services within 30 days of the effective date of the change.

(c) Contents of tariffs. Each tariff filed at the Commission shall contain the following:

(1) the utility name;

(2) the full name of the customer or city, area, or environs that will be affected by the tariff. If the utility is requesting confidentiality for customer names, the utility shall report only the customer identification number assigned by Gas Services. If a utility does not already have a customer identification number for a tariff, the utility shall notify Gas Services prior to filing the tariff. Gas Services shall assign a customer identification number or numbers and shall notify the utility of the assigned customer identification number or numbers prior to the utility filing the tariff;

(3) the utility contract number or rate schedule number;

(4) a list of the services the utility provides under the tariff. Service includes but is not limited to residential sales, commercial sales, industrial sales, sales to public authority, electric generation sales, gathering, transportation, compression, exchange, underground storage, sales for resale, city gate sales, and other. If the utility identifies the type of service as "other," the utility shall describe the service or services it offers under the tariff;

(5) the effective date of the rate schedule (GSD-1) or the effective date of the original contract or agreement (GSD-2);

(6) the effective date of the most recent amendment to the contract, rate schedule, or agreement;

(7) the current rate. The utility shall state the billing unit (such as Mcf, MMBtu, Cf, etc.); shall list all charges that may apply under the contract or agreement; shall describe all components used in the calculation of the current rate including but not limited to standby charges, reservation fees, imbalance provisions and charges, penalties, treating provisions, taxes, pooling fees, etc.; and shall state the effective date. A statement on the rate schedule that a particular rate includes certain provisions, without restating all the details or contingencies of the contract, is sufficient. If the rate the utility charges is based on a formula or requires a calculation to determine the unit rate to be charged, the utility shall identify in the tariff all components used in the calculation of the unit rate, including each component of the cost of gas;

(8) all rate adjustment provisions;

(9) the reason or reasons for filing. The utility shall state whether the filing:

(A) commemorates a new contract or agreement;

(B) is made in compliance with a Commission order, in which case the filing shall include the Commission docket number;

(C) is made in compliance with a city ordinance, in which case the filing shall include the city ordinance number or reference;

(D) amends an existing tariff; or

(E) is made for any other reason, in which case the utility shall provide an explanation; and

(10) the names, titles, addresses, telephone numbers and, if available, the electronic mail addresses of all persons who will respond to inquiries regarding tariff provisions.

(d) Additional requirements for specific types of tariffs. In addition to the information required by subsection (a) of this section, the utility shall also provide the following information, as applicable:

(1) For a gas utility distribution system service or sale, the utility shall file on GSD-1:

(A) all rate schedules. The utility shall include on these schedules the base rates and all adjustments to the base rates, including but not limited to late payment charges, gas cost adjustments, purchased gas adjustments, prompt payment provisions, franchise fees, authorized rate case expense surcharges, and weather normalization adjustments. The utility shall file every rate schedule applicable to the service area as part of the tariff, including any seasonal rates or special rates; and

(B) the current service charges in the city, environs, or other area affected by the tariff filing, in sufficient detail to enable customers to determine the applicability of each service charge. The utility shall include all service charges that may be assessed in the city, environs, or other area affected by the tariff filing, including, but not limited to, residential customer deposits, line extension policies and charges, meter testing charges, return check charges, initial connection charges, and reconnection charges.

(2) For transportation and exchange service or rates, the utility shall file on GSD-2:

(A) the customer name or customer identification number assigned by Gas Services for which the utility is delivering gas;

(B) the contractual point or points of redelivery or customer identification number as established by Gas Services;

(C) the information required by paragraph (4) of this subsection, if applicable;

(3) For utility service or sales, other than distribution system service or sales described in subsection (c) of this section, or for transportation and exchange service or rates, the utility shall file on GSD-2:

(A) the term of the contract. The utility shall provide the term specified in the contract. If the contract continues until canceled by either party, the utility may state that the contract is "evergreen" or other similar language as appropriate;

(B) the contractual point or points of redelivery or customer identification number as established by Gas Services; and

(C) the information required by paragraph (4) of this subsection, if applicable.

(4) For a tariff reflecting a transaction described in Texas Utilities Code, §104.003(b), the utility shall:

(A) indicate which facts support the applicability of Texas Utilities Code, §104.003(b), to the transaction;

(B) indicate whether the transaction is between affiliates; and

(C) affirm that a true and correct copy of the tariff has been delivered to the customer simultaneously with delivery to the Commission and that the transaction is not a direct sale for resale to a gas distribution utility at a city gate.

(e) Compliance. Each tariff filing shall be subject to review by Gas Services. If Gas Services takes no action on a tariff filing on or before the 30th day after the filing is filed, the tariff is deemed accepted. If a tariff filing is deficient, Gas Services will notify the utility of the item or items that must be corrected. The utility shall have a reasonable time, not less than 30 days, from the date of Gas Services' notice of deficiency to make the required corrections and re-file the tariff. At the written request of the utility, Gas Services may accept a rejected tariff as a statement of intent under Texas Utilities Code, §104.102. Gas Services may docket a tariff or rate schedule filing on its own motion under Texas Utilities Code, §104.151, in circumstances that include but are not limited to a utility filing a tariff for an initial rate which on its face is not just and reasonable; filing a tariff for higher environs rates based on city rates without filing a statement of intent to increase rates for the environs; filing a tariff to increase a city gate rate without filing a statement of intent; or filing tariffs containing provisions other than rates that have substantive service rule changes that have not been reviewed.

(f) Electronic format. Each utility shall comply with this section by filing or refiling all current tariffs with the Commission through the Commission's web site using an electronic format as prescribed by the Commission and the instructions available on the Commission's web site. The Commission shall not grant exemptions from the requirement that utilities shall file their tariffs in electronic format. Temporary or technical problems with the Commission's web site or with the Internet that prevent a utility from making a timely electronic filing shall not constitute the utility's failure to comply with this section.

Source Note: The provisions of this §7.315 adopted to be effective May 12, 2002, 27 TexReg 3758; amended to be effective April 25, 2017, 42 TexReg 2165; amended to be effective May 14, 2018, 43 TexReg 2997