38.3.2801    CANCELLATION, IN WHOLE OR IN PART, OF TARIFF HOW DONE

(1) If a tariff is cancelled with the purpose of cancelling entirely the rates named therein, or when, through error or omission, a later issue failed to cancel the previous issue and such tariff is cancelled for the purpose of perfecting the records, the cancellation notice must not be given a new PSC number, but must be issued as a supplement to the tariff (including loose-leaf tariffs) which it cancels. In the issuance of such supplement the provisions of ARM 38.3.2807 need not be observed.

(2) When a tariff is cancelled in whole or in part by a supplement there to, the supplement must show where the rates will thereafter be found or what rates will thereafter apply. When a tariff is cancelled by another tariff which does not contain all of the rates shown in the tariff to be cancelled the cancelling tariff must show where rates not shown therein will thereafter be found, or what rates will thereafter apply. For example: "Rates in        PSC No.         will apply," or "Class rates will apply," or "Combination rates will apply." (See ARM 38.3.2605.)

(3) When portions of a tariff (excepting a tariff in loose-leaf form or a classification) , or of a supplement to a tariff, are designated as items they must be given numbers and the cancellation of an item by supplement must be under the same item number with letter suffix. For example: Item 40-A cancels Item 40; Item 40-B cancels Item 40-A; and so on. If an item or any part thereof is transferred to another item of different number in the same tariff, the cancellation must be carried under the original item number and must show in what item or items the effective rates are to be found. If an item is withdrawn in its entirety, or expires by its own terms, leaving no rates or provisions in effect in that item, the cancellation or expiration must be brought forward in subsequent supplements as a reissued item. An item once lawfully eliminated by cancellation or expiration may not be reinstated except by republication under a new effective date.

(4) Such republication, except as provided in the second paragraph of this section, must be under the same item number, must cancel the former item and must be given the next letter suffix. For example: If the cancelling item is 40-A the newly published item should read "Item 40-B cancels Item 40-A."

(5) The items in each supplement to a classification must be numbered consecutively, commencing with Item 1 on each page, must cancel the previous item and must show where the cancelled item appeared. For example: Item 6 cancels Item 3, page     of Supplement     ; Item 10 cancels Item 1, page     , of classification.

(6) When withdrawing a rule or item designated by an item number the cancelled matter need not be reproduced in connection with the item effecting the cancellation, except to the extent necessary to identify the item.

History: Sec. 69-12-201, MCA; IMP, Title 69, Chapter 12, Part 5, MCA; Eff. 12/31/72.