1. (a) Applicability and Classification. This section shall apply to undocketed applications by utilities to change their tariffs. Such tariff filings shall be classified as "electric tariff filings," "regular telephone tariff filings," or "special telephone tariff filings." Electric tariff filings and regular telephone tariff filings shall be those applications filed pursuant to §23.24 of this title (relating to Form and Filing of Tariffs). Special telephone tariff filings shall be those applications filed by telecommunications utilities pursuant to §23.25 of this title (relating to Procedures Applicable to PURA Chapter 58 Electing Incumbent Local Exchange Carriers), §23.26 of this title (relating to New and Experimental Services), §23.27 of this title (relating to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges), and §23.28 of this title (relating to Promotional Rates for LEC Services) or PURA, §§53.251, 53.252, 53.301-53.308 or 55.004. This section shall apply unless it is inconsistent with Chapters 23, 25 or 26 of this title, or PURA.

2. (b) Standards for Docketing. Tariff filings, other than a tariff filing made in compliance with a rule or final order of the commission, shall be docketed under the following circumstances:

   1. (1) if an electric or regular telephone tariff filing would change the revenues received by the utility for an existing service;
   2. (2) if an electric or regular telephone tariff filing would allow the utility to begin charging for a service previously available but for which there was not a separate charge;
   3. (3) if an electric or regular telephone tariff filing would eliminate an existing service to which one or more customers actually subscribe;
   4. (4) if an electric or regular telephone tariff filing would increase a customer's bill even though the rate for a particular service is not being changed;
   5. (5) if the commission's staff recommends disapproval or approval with modification and the utility requests a hearing; or
   6. (6) if the commission receives a request to intervene.
3. (c) Effective Date. Except for tariffs required to be filed pursuant to a commission rule specifying the effective date of such tariffs and for tariffs filed in compliance with a final order of the commission, no electric or regular telephone tariff filing may take effect prior to 35 days after filing unless approved by the presiding officer. The requested effective date will be assumed to be 35 days after filing unless the applicant requests a different date in its application. The presiding officer may suspend the operation of the electric or regular telephone tariff filing for 150 days beyond the effective date, or, with the agreement of the applicant, to a later date.
4. (d) Duties of Presiding Officer. The presiding officer may establish reasonable deadlines for comments or recommendations, may issue other orders as necessary to facilitate the processing of the tariff filing, and shall issue a notice of approval, approval with modification, denial, or docketing.
5. (e) Appeal of Interim Orders and Notices of Docketing. Interim orders and notices of docketing regarding tariff filings shall be appealable to the Commission pursuant to §22.123 of this title (relating to Appeal of an Interim Order).
6. (f) Effect of Notices of Approval, Approval With Modification, and Denial. A notice of approval, approval with modification, or denial of a tariff filing shall be the final determination of the commission regarding the tariff filing, and shall be subject to motions for rehearing pursuant to §22.264 of this title (relating to Rehearing).

Source Note:The provisions of this §22.33 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective July 22, 1998, 23 TexReg 7364.