§ 23.67. Financial data.

 (a)  The Commission will not, on or after the effective date of this section, permit a tariff filing increasing rates by a common carrier of household goods in use with gross annual intraState revenues of $200,000 or more, or making general increase in rates published by a rate bureau, conference or similar organization of carriers, which will increase gross annual revenues by more than 1%, unless financial justification in support of the proposed increase is filed with the tariff.

 (b)  Household goods in use carriers referred to in subsection (a), shall be governed by the following procedures in the filing of tariffs or tariff supplements:

   (1)  A tariff increasing rates shall be published to become effective on no less than 30 days’ notice.

   (2)  At the time an increase in rates is filed with the Commission, the carrier or rate bureau, conference or similar organization requesting the increase shall submit sufficient evidence under certification by its chief executive, or other responsible officer which will enable the Commission to determine:

     (i)   The former or existing rate, the new or proposed rate and the percentage increase.

     (ii)   The dollar amount of the increased revenue which the increase is expected to provide.

     (iii)   The expected change resulting from the increase in the carrier’s operating revenues together with known changes in operating expenses, and a calculating of operating ratio before income taxes, after the aforesaid changes.

 (c)  Common carriers of household goods in use, with gross annual intraState revenues of less than $200,000, and with operating ratios of no less than 93%, before income taxes,* need not file substantiating data required by subsection (b)(2), but shall submit a statement with the tariff, or tariff supplement, stating that gross annual intraState revenues did not exceed $200,000 in the 12-month period preceding the tariff filing together with a statement that its operating ratio before income taxes for the same period is no less than 93%. The tariffs, or tariff supplements, shall be published to become effective on no less than 30 days’ notice. Nothing in this subsection precludes the Commission from requiring supporting financial data in instances when increases in rates appear to be excessive.

 * Operating ratio is operating expenses, excluding income taxes, divided by operating revenue.

   The provisions of this §  23.67 amended under the Public Utility Code, 66 Pa.C.S. §  501.

   The provisions of this §  23.67 adopted August 6, 1976, effective August 7, 1976, 6 Pa.B. 1838; amended February 6, 1998, effective February 7, 1998, 28 Pa.B. 647. Immediately preceding text appears at serial pages (223693) to (223694).