Title 18--CONSERVATION OF POWER AND WATER RESOURCES
Chapter I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY


Rules of Construction Sec. 1.101 Definitions. 1.102 Words denoting number, gender and so forth. Authority: Dept. of Energy Organization Act, 42 U.S.C....


meaning of any provision of this chapter, unless the context indicates otherwise: (a) The singular includes the plural; (b) The plural includes the singular; ...


investigations. 1b.6 Preliminary investigations. 1b.7 Procedure after investigation. 1b.8 Requests for Commission investigations. 1b.9 Confidentiality...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR1b.2] [Page 10] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 1b_RULES RELATING TO INVESTIGATIONS--Table of Contents Sec. 1b.2 Scope. This part applies to investigations conducted by the Commission but does not apply to adjudicative proceedings. ...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR1b.3] [Page 10] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 1b_RULES RELATING TO INVESTIGATIONS--Table of Contents Sec. 1b.3 Scope of investigations. The Commission may conduct investigations relating to any matter subject to its jurisdiction. ...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR1b.4] [Page 10] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 1b_RULES RELATING TO INVESTIGATIONS--Table of Contents Sec. 1b.4 Types of investigations. Investigations may be formal or preliminary, and public or private. ...


of Investigation will outline the basis for the investigation, the matters to be investigated, the officer(s) designated to conduct the investigation and...


investigations, no process is issued or testimony compelled. Where it appears from the preliminary investigation that a formal investigation is appropriate, the staff will...


administered by the Commission or the rules, opinions or orders thereunder, the Commission may institute administrative proceedings, initiate injunctive proceedings in...


or State governmental entity, may request the Commission to institute an investigation. (b) Requests for investigations should set forth the alleged violation of law...


not obained pursuant to subpoena, and all investigative proceedings shall be treated as nonpublic by the Commission and its staff except to the extent that (a) the...


in the Order of Investigation. Investigating Officers are officers within the meaning of the statutes administered by the Commission and are authorized to perform...


this part and no person may intervene or participate as a matter of right in any investigation under this part. Section 2.72 of the rules is specifically not applicable...


person or means designated by the investigating officer. A witness who has given testimony in an investigation shall be entitled, upon written request, to procure a...


any formal investigation ordered by the Commission, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the...


(2) by certified mail, (3) by leaving a copy thereof at the principle office or place of business of the person to be served, (4) or by delivery to any person...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR1b.15] [Page 11] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 1b_RULES RELATING TO INVESTIGATIONS--Table of Contents Sec. 1b.15 Non-compliance with compulsory processes. In cases of failure to comply with Commission compulsory processes, appropriate action may be initiated by the Commission or the Attorney General, including but not limited to actions for enforcement or the imposition of penalties. ...


investigation shall, upon request, be shown [[Page 12]] the Commission's Order of Investigation. Copies of Orders of Investigation shall not be furnished, for...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR1b.17] [Page 12] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 1b_RULES RELATING TO INVESTIGATIONS--Table of Contents Sec. 1b.17 Appearance and practice before the Commission. The provisions of subpart U of part 385 of this chapters are specifically applicable to all investigations. [43 FR 27174, June 23, 1978, as amended by Order 225, 47 FR 19054, May 3, 1982] [[Page 13]] ...


facts or memoranda of law for the purpose of explaining said person's position or furnishing evidence which said person considers relevant regarding the matters...


law, he may inform any person that a recommendation may be made to the Commission that said person be a defendant in a civil action to be brought by the Commission. In such...


of the information contained in a particular document(s) is exempt from the mandatory public disclosure requirements of the Freedom of Information Act (5 U.S.C. 552), is...


given are not binding on the General Counsel or the Commission. (b) Any person may seek information or the informal resolution of a dispute by calling or writing to...


the Commission Sec. 2.1 Initial notice; service; and information copies of formal documents. 2.1a Public suggestions, comments, proposals on substantial prospective ...


this policy statement explicitly encourages the public, including those persons subject to regulation by the Commission, to submit suggestions, comments, or proposals...


Natural Gas Act, particularly subsection (b) of section 8 thereof, and under the Federal Power Act, particularly subsection (b) of section 301 thereof, upon request by a...


between the United States and Indian tribes as defined by treaties, statutes, and judicial decisions. Indian tribes have various sovereign authorities, including...


which are not primary lines transmitting power from the power house or appurtenant works of a project to the point of junction with the distribution system or with...


suspension of rate schedules under section 205 of the act: (a) The Commission cannot suspend a rate schedule after its effective date. (b) The Commission can...


Federal license or applications therefor and seek, within its authority, the ultimate development of these resources, consistent with the needs of the area to the extent that...


approved several sets of standard conditions for normal inclusion in preliminary permits or licenses for hydroelectric developments. In a special situation, of course,...


the provisions of section 441(a)(4)(A) of the Tax Reform Act of 1969, 83 Stat. 487, 625, public utilities and licensees regulated by the Commission under the Federal Power Act...


and recreational values at projects licensed or proposed to be licensed under the Federal Power Act. (b) The Commission has adopted ``Guidelines for the Protection...


the specified reasonable rate of return used in computing amortization reserves for hydroelectric project licenses shall be calculated annually based on current capital...


in F.P.C. v. Con-Way Corp., 426 U.S. 271 (1976), aff'g 510 F. 2d 1264 (D.C. Cir. 1975) and to expedite the consideration of price squeeze issues in wholesale electric...


determine the appropriate suspension period based on the total increase requested in all phases. If a utility files a rate increase within sixty days after filing another...


comprehensive plan under section (10)(a)(1) of the Federal Power Act for improving or developing a waterway, the Commission will consider the extent to which the project is...


This Statement of Policy is adopted in furtherance of the goals of sections 211(a) and 213(a) of the Federal Power Act, as amended and added by the Energy Policy Act of 1992. ...


of enabling the market for electric power to operate in a more competitive and efficient way. The Commission believes that RTGs can provide a means of coordinating regional...


its pricing policy for transmission services provided under the Federal Power Act. That Policy Statement can be found at 69 FERC 61,086. The Policy Statement constitutes...


impact issues at original licensing and relicensing to the fullest extent possible consistent with the Commission's statutory responsibility to avoid undue delay...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR2.24] [Page 28] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 2_GENERAL POLICY AND INTERPRETATIONS--Table of Contents Sec. 2.24 Project decommissioning at relicensing. The Commission issued a statement of policy on project decommissioning at relicensing in Docket No. RM93-23-000 on December 14, 1994. [60 FR 347, Jan. 4, 1995] ...


Policy is adopted in furtherance of the goals of Title IV of the Clean Air Act Amendments of 1990, Pub. L. 101-549, Title IV, 104 Stat. 2399, 2584 (1990). (b)...


reviewing transactions subject to section 203. That Policy Statement can be found at 77 FERC ] 61,263 (1996). The Policy Statement is a complete description of the...


section 4 of the Natural Gas Act. (Natural Gas Act, 15 U.S.C. 717-717w (1976 & Supp. IV 1980); Federal Power Act, 16 U.S.C. 791a-828c (1976 & Supp. IV 1980); Dept. of...


as used therein shall be interpreted to exclude: (a) Auxiliary installations. (1) Installations (excluding gas compressors) which are merely auxiliary or appurtenant to...


the second proviso of section 7(c) of the Natural Gas Act to authorize in appropriate cases, by issuance of temporary certificates, comparatively minor enlargements or extensions of...


the need of the natural gas industry for advice with respect to the applicability of the Natural Gas Act and the Commission's regulations thereunder regarding activities...


section 441(a)(4)(A) of the Tax Reform Act of 1969, 83 Stat. 487, 625, natural gas pipeline companies which have exercised the option provided by that section to change...


natural gas as consideration for waiving or revising any agreement for the first sale of natural gas, as defined by section (2)(21) of the Natural Gas Policy Act (NGPA),...


natural gas resources throughout the United States will be served by recognition and implementation of the following priority-of-service categories for use during periods...


to adhere to the objectives and aims of the National Environmental Policy Act of 1969 (NEPA) in its regulations promulgated for statutes under the jurisdiction of the...


may be shielding the prices of deregulated and other higher cost gas from market constraints, the Commission sets forth its general policy regarding prepayments...


matter of policy will provide two distinct mechanisms for passthrough of take-or-pay buyout and buydown costs of interstate natural gas pipelines. The first is pursuant to...


a charge, not related to facilities, for standing ready to supply gas to sales customers in accordance with the following principles: (a) The pipeline may not...


potential for an increasing number of intervenor complaints predicated on the fraud, abuse, or similar grounds exception to guaranteed passthrough, the Commission sets...


For purposes of deciding whether natural gas may be considered as waste as the primary energy source pursuant to Sec. 292.204(b)(1)(i) of this chapter, the...


be considered for a reduction or waiver of a civil penalty if it has no history of [[Page 39]] previous violations, and the violations at issue are not the...


Classification 3a.11 Classification of official information. 3a.12 Authority to classify official information. 3a.13 Classification responsibility...


5 U.S.C. 552(b)(1). Wrongful disclosure thereof is recognized in the Federal Criminal Code as providing a basis for prosecution. E.O. 11652, March 8, 1972 (37 FR 5209, March...


against unauthorized disclosure in the interest of the national defense or foreign relations of the United States (hereinafter collectively termed national security)...


restricted to those offices within the executive branch which are concerned with matters of national security, and is limited to the minimum number absolutely required for...


accountable for the propriety of the classifications attributed to him. Unnecessary classification and overclassification shall be avoided. Classification shall be solely on the...


follows: (1) Information or material may be downgraded or declassified by the official authorizing the original classification, by a successor or by a supervisory...


to it, it shall be downgraded or declassified in order to preserve the effectiveness and integrity of the classification system. The Chairman, Vice Chairman, and...


determined in accordance with Chapter 21, title 44, United States Code, to be of sufficient historical or other value to warrant preservation shall be systematically reviewed on...


classified information is contained in an original document or other item, the appropriate marking, i.e., Secret or Confidential, will be applied as indicated herein....


head of each bureau and office and each regional engineer, the names of officers and employees who have been granted a security clearance for access to classified material...


Officer and Security Officer for classified material for the Federal Power Commission. The Director, OAO, will designate alternate Top Secret Control Officers and...


information and materials within the Washington office will be stored only in GSA-approved security containers in the Office of Administrative Operations. Such containers...


receipt and dispatch of classified material in the Washington office and maintains the accountability register of all classified material. In addition, each Regional Engineer...


classified items between elements or officials within the FPC. Receipts for transmittal of classified items from the central registry to the first recipient will be...


prescribed by the Interagency Classification Review Committee, in accordance with section VII of the National Security Council Directive Governing the...


Subpart A_General Sec. 3b.1 Purpose. 3b.2 Definitions. 3b.3 Notice requirements. 3b.4 Government contractors. 3b.5...


In this part: (a) Agency, as defined in 5 U.S.C. 551(1) as ``* * * each authority of the Government of the United States, whether or not it is within or subject...


(a) The Commission will publish at least annually in the Federal Register a notice identifying the systems of records currently maintained by the Commission. For...


Systems of records operated by a contractor, pursuant to a contract, on behalf of the Commission, which are designed to accomplish a Commission function,...


For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental...


Content of records. (a) All records which are maintained by the Commission in a system of records will contain only such information about an individual that...


Collection of information from individuals concerned. (a) Any information collected by the Commission for inclusion in a system of records which may result in...


Rules of conduct. (a) The Executive Director of the Commission has the overall administrative responsibility for implementing the provisions of the Privacy Act...


Safeguarding information in manual and computer-based record systems. (a) The administrative and physical controls to protect the information in the manual...


Notification of maintenance of records to individuals concerned. (a) Upon written request, either in person or by mail, to the appropriate system manager specified...


Access of records to individuals concerned. (a) Upon written request, either in person or by mail, to the appropriate system manager specified for each system of records,...


Identification requirements. The appropriate system manager specified for each system of records will require reasonable identification from individuals to assure...


Fees. (a) Fees will be charged for the direct cost of duplication of records in a system of records when copies are requested by the individual seeking access to the...


Requests to amend records and disputes thereon. (a) Upon written request, either in person or by mail, to the appropriate system manager specified for each system of...


Written consent for disclosure. (a) The Commission will not disclose any record which is contained in a system of records by any means of communication to any person, or...


Accounting of disclosures. (a) The appropriate system manager specified for each system of records will keep an accurate written account of all disclosures of records made...


Mailing lists. An individual's name and address maintained by the Commission will not be sold or rented for commercial or other solicitation purposes not related to...


Any system of records maintained by the Commission may be exempt from certain provisions of the Privacy Act of 1974, and the appropriate sections...


employee ethical conduct standards and financial disclosure regulations. 3c.2 Nonpublic information. 3c.3 Reporting fraud, waste, abuse, and corruption and...


Act prohibit any employee, in the absence of Commission or court direction, from divulging any fact or information which may come to his or her knowledge during the course...


5 CFR 2635.101(b)(11), report fraud, waste, abuse, and corruption in Commission programs, including on the part of Commission employees, contractors, subcontractors,...


Subpart A_Determination of Cost of Projects Constructed Under License Sec. 4.1 Initial cost statement. 4.3 Report on project cost. 4.4 Service...


(a) Scheduling an audit. When the original cost declaration letter, filed in accordance with Sec. 4.1 is received by the Commission, its representative will sechedule...


Copies of such report will be served by certified mail upon said licensees, and copies will also be sent to the State public service commission, or if the States has...


Thirty days after service thereof will be allowed to such licensee within which to file a protest to such reports. If no protest is filed within the time allowed,...


The burden of proof to sustain each item of claimed cost shall be upon the licensee and only such items as are in the opinion of the Commission supported by satisfactory proof...


(a) Commission determination. Final action by the Commission will be in the form of an order served upon all parties to the proceeding. One copy of the order will be furnished to...


the Act Sec. 4.10 Valuation data. (a) Notification of Commission. In every case arising under section 23(a) of the Federal Power Act that requires...


the Act Sec. 4.11 Reports. Representatives of the Commission will inspect the project works, engineering reports, and other records of the project, check...


the Act Sec. 4.12 Service of report. A copy of such report will be served by certified mail upon said licensee, and copies will also be sent to the State...


the Act Sec. 4.13 Time for filing protest. Thirty days after service thereof will be allowed to the licensee within which to file a protest to...


the Act Sec. 4.14 Hearing upon report. (a) Public hearing. After the expiration of the time within which a protest may be filed, a public hearing will be ordered...


the Act Sec. 4.20 Initial statement. (a) Notification of Commission. In all cases where licenses are issued for projects already constructed, but which are...


the Act Sec. 4.21 Reports. Representatives of the Commission will inspect the project works, engineering reports, and other records of the project, check...


the Act Sec. 4.22 Service of report. Copies of such report will be served by certified mail upon said licensees, and copies will also be sent to the State...


the Act Sec. 4.23 Time for filing protest. Thirty days after service thereof will be allowed to such licensee within which to file a protest to such reports....


the Act Sec. 4.24 Determination of cost. The Commission, after receipt of the reports, or after the conclusion of the hearing if one is held, will determine...


the Act Sec. 4.25 Findings. (a) Commission determination. Final action by the Commission will be in the form of an order served upon all parties to the...


Sec. 4.30 Applicability and definitions. Authority: Federal Power Act, as amended, 16 U.S.C. 792-828c; Department of Energy Organization Act, 42...


Sec. 4.31 Initial or competing application: who may file. (a) Application for a preliminary permit or a license. Any citizen, association of citizens,...


Sec. 4.32 Acceptance for filing or rejection; information to be made available to the public; requests for additional studies. (a) Each application must: ...


Sec. 4.33 Limitations on submitting applications. (a) Limitations on submission and acceptance of a preliminary permit application. The Commission will...


Sec. 4.34 Hearings on applications; consultation on terms and conditions; motions to intervene; alternative procedures. (a) Trial-type hearing. The...


Sec. 4.35 Amendment of application; date of acceptance. (a) General rule. Except as provided in paragraph (d) of this section, if an applicant amends its...


Sec. 4.36 Competing applications: deadlines for filing; notices of intent; comparisons of plans of development. The public notice of an initial...


Sec. 4.37 Rules of preference among competing applications. Except as provided in Sec. 4.33(e), the Commission will select among competing applications on...


Sec. 4.38 Consultation requirements. (a) Requirement to consult. (1) Before it files any application for an original license or an exemption from...


Sec. 4.39 Specifications for maps and drawings. All required maps and drawings must conform to the following specifications, except as otherwise prescribed...


Sec. 4.40 Applicability. (a) Applicability. The provisions of this subpart apply to any application for an initial license for a major...


Sec. 4.40 Applicability. (a) Applicability. The provisions of this subpart apply to any application for an initial license for a major...
...


Authority: Federal Power Act, as amended (16 U.S.C. 792-828c); Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601-2645); Department of Energy Organization Act (42...


An application for license under this subpart must contain the following information in the form specified. As provided in paragraph (f) of this section, the...


Megawatts or Less Sec. 4.60 Applicability and notice to agencies. (a) Applicability. The provisions of this subpart apply to any application for an...


Megawatts or Less Sec. 4.61 Contents of application. (a) General instructions. (1) Entry upon land. No work may be started on any proposed project works...


This subpart applies to any application for license issued solely for a transmission line that transmits power from a licensed water power project to the point of junction with...


An application for license for transmission line only must contain the following information in the form specified. (a) Initial statement. Before...


Sec. 4.80 Applicability. Authority: Federal Power Act, as amended 16 U.S.C. 792-828c; Department of Energy Organization Act, 42 U.S.C. 7101-7352;...


Sec. 4.81 Contents of application. Each application for a preliminary permit must include the following initial statement and numbered...


Sec. 4.82 Amendments. (a) Any permittee may file an application for amendment of its permit, including any extension of the term of the permit that...


Sec. 4.83 Cancellation and loss of priority. (a) The Commission may cancel a preliminary permit after notice and opportunity for hearing if...


Sec. 4.84 Surrender of permit. A permittee must submit a petition to the Commission before the permittee may voluntarily surrender its permit. Unless...


This subpart implements section 30 of the Federal Power Act and provides procedures for obtaining an exemption for constructed or unconstructed small...


(a) An application for exemption for this subpart must include: (1) An introductory statement, including a declaration that the facility for...


(a) An application for exemption that does not meet the eligibility requirements of Sec. 4.30(b)(28)(v) may be accepted, provided the application has...


of exemption. Any exemption granted under Sec. 4.93 for a small conduit hydroelectric facility is subject to the following standard terms and conditions: ...


(a) To voluntarily surrender its exemption, a holder of an exemption for a small conduit hydroelectric facility must file a petition with the Commission. (b)(1)...


(a) An exemption holder must construct and operate its project as described in the exemption application approved by the Commission or its delegate. (b) If...


Less Sec. 4.101 Applicability. This subpart provides procedures for exemption on a case-specific basis from all or part of Part I of the Federal Power Act...


Less Sec. 4.102 Surrender of exemption. (a) To voluntarily surrender its exemption, a holder of an exemption for a small hydroelectric power project must file...


or Less Sec. 4.103 General provisions for case-specific exemption. (a) Exemptible projects. Subject to the provisions in paragraph (b) of this section, Sec....


Less Sec. 4.104 Amendment of exemption. (a) An exemption holder must construct and operate its project as described in the exemption application approved by...


Less Sec. 4.105 Action on exemption applications. (a) Exemption from provisions other than licensing. An application for exemption of a small hydroelectric...


or Less Sec. 4.106 Standard terms and conditions of case-specific exemption from licensing. Any case-specific exemption from licensing granted for a...


or Less Sec. 4.107 Contents of application for exemption from licensing. (a) General requirements. An application for exemption from licensing submitted under...


Less Sec. 4.108 Contents of application for exemption from provisions other than licensing. An application for exemption of a small hydroelectric power...


This part applies to any application for amendment of a license, if the applicant seeks to: (a) Make a change in the physical features of the project or its boundary, or make...


An application for amendment of a license for a water power project must contain the following information in the form specified. [[Page 134]] (a)...


(a) If it is determiend that approval of the application for amendment of license would constitute a significant alteration of license pursuant to section 6 of the...


Source: Order 487, 52 FR 48404, Dec. 22, 1987, unless otherwise noted. (a) Purpose. This subpart implements the amendments of section 30...


estimation of fees prior to filing. (a) Notice to agencies--(1) New dam or diversion license applicants. During the initial stage or pre-filing agency...


Filing requirement. A section 30(c) application must be accompanied by a fee or a bond, together with copies of the most recent cost estimates provided by fish and wildlife...


(a) Submission of cost statement--(1) Accepted applications. Within 60 days after the last date for filing mandatory terms and conditions pursuant to Sec. 4.32(c)(4) for a...


under this subpart must be made by check payable to the United States Treasury. The check must indicate that the payment is for ECPA Fees. (b) If a payment...


Commision may take any appropriate action permitted by law if a section 30(c) applicant does not make a payment required under this subpart. The Commission will not be liable to...


consult. 5.2 Document availability 5.3 Process selection. 5.4 Acceleration of a license expiration date. 5.5 Notification of intent. 5.6 Pre-application...


intent to seek a license pursuant to Sec. 5.5 until any related license application proceeding is terminated by the Commission, the potential license applicant must...


potential applicant for a new, subsequent, or original license may until July 23, 2005 elect to use the licensing procedures of this part or the licensing procedures of parts 4...


142]] to expiration of an existing license, a licensee may file with the Commission, in accordance with the formal filing requirements in subpart T of...


file a notification of its intent to do so in the manner provided for in paragraphs (b) and (c) of this section. (b) Requirement to notify. In order for a non-licensee...


to seek a license as provided for in Sec. 5.5, and before it files any application for an original, new, or subsequent license, a potential applicant for a license to be...


Sec. 5.5 between each Indian tribe likely to be affected by the potential license application and the Commission staff if the affected Indian tribe agrees to...


(a) Notice. Within 60 days of the notification of intent required under Sec. 5.5, filing of the pre-application document pursuant to Sec. 5.6, and filing of...


the Commission staff's Scoping Document 1 must be filed with the Commission within 60 days following the Commission's notice of consultation procedures issued pursuant to Sec....


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR5.10] [Page 151] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 5_INTEGRATED LICENSE APPLICATION PROCESS--Table of Contents Sec. 5.10 Scoping Document 2. Within 45 days following the deadline for filing of comments on Scoping Document 1, the Commission staff shall, if necessary, issue Scoping Document 2. ...


comments on the pre-application document, including information and study requests, the potential applicant must file with the Commission a proposed study plan. (b)...


study requests, must be filed within 90 days after the proposed study plan is filed. This filing must also include an explanation of any study plan concerns and...


applicant's proposed study plan, as provided for in Sec. 5.12, the potential applicant must file a revised study plan for Commission approval. The revised study plan...


authority to provide mandatory conditions on a license pursuant to FPA Section 4(e), 16 U.S.C. 797(e), or to prescribe fishways pursuant to FPA Section 18, 16 U.S.C. 811, or...


for in the approved study plan and schedule. (b) Progress reports. The potential applicant must prepare and provide to the participants the progress reports provided for...


application, if applicable, the potential applicant must file for comment a preliminary licensing proposal. (b) The preliminary licensing proposal must: (1)...


must be filed no later than 24 months before the existing license expires. (b) Subsequent licenses. An applicant for a subsequent license must file its application...


must be filed no later than 24 months before the existing license expires. (b) Subsequent licenses. An applicant for a subsequent license must file its application...
...


to this part, the Commission will issue public notice of the tendering for filing of the application. The tendering notice will include a preliminary schedule...


to the pre-filing consultation and filing requirements of this part without containing certain required materials or information, it must explain in detail why the material...


relevant for an informed decision on the application. The information or documents must take the form, and must be submitted within the time, that the...


Commission's requirements as specified in Sec. Sec. 5.18 and 5.19, the approved studies have been completed, any deficiencies in the application have been cured, and no...


and conditions or preliminary fishway prescriptions must be filed no later than 60 days after the notice of acceptance and ready for environmental analysis. All...


an environmental assessment rather than an environmental impact statement and that a draft environmental assessment will not be required, the Commission will issue...


an environmental impact statement, or a draft and final environmental assessment, the Commission will issue the draft environmental impact statement or...


analyze all terms and conditions timely recommended by fish and wildlife agencies pursuant to the Fish and Wildlife Coordination Act for the protection, mitigation of damages...


the project's proposed plans of development, as provided in Sec. 4.35 of this chapter, an agency, Indian tribe, or member of the public may modify the recommendations...


site access for a potential license application to be filed in competition with an application for a new or subsequent license by an existing licensee pursuant to this part,...


hydropower hearings, except those conducted by trial-type procedures, must conform to the requirements of 18 CFR part 385, subpart T of this chapter. (b) Waiver of...


reveal Critical Energy Infrastructure Information, as defined by Sec. 388.113(c) of this chapter, to the public, the Applicant must follow the procedures set out in Sec....


intent to seek a new or subsequent license, or for filing a notification of intent to file an original license application, as required by Sec. 5.5 of this part, is July 23, 2005...


license. 6.4 Termination by implied surrender. 6.5 Annual charges. Authority: Secs. 6, 10(i), 13, 41 Stat. 1067, 1068, 1071, as amended, sec. 309, 49 Stat. 858;...


license as the Commission may prescribe, and, if the project works authorized under the [[Page 171]] license have been constructed in whole or in part, upon...


shall have been mailed to the licensee by certified mail to the last address whereof the Commission has been notified by the licensee, if there is failure to commence...


cause or suffer essential project property to be removed or destroyed, or become unfit for use, without replacement, or shall abandon, or shall discontinue good faith...


forth in the Commission's order with respect to such surrender or termination. [Order 175, 19 FR 5217, Aug. 18, 1954] Cross Reference: For annual charges, see part...


license conditions relating to recreation. 8.2 Posting of project lands as to recreational use and availability of information. 8.3 Discrimination...


issuance or amendment of a license, the licensee shall post and shall maintain at all points of public access which are required by the license (or at such access points as...


at a licensed project, or employing or permitting any other person to maintain such facilities, shall permit, or require such other person to permit, equal and...


Applicability. (1) Except as provided in paragraph (b) of this section, each licensee of a project under major or minor Commission license shall prepare with respect to each...


of application. 9.3 Transfer. Application for Lease of Project Property 9.10 Filing. Authority: Sec. 8, 41 Stat. 1068, sec. 309, 49...


set forth in appropriate detail the qualifications of the transferee to hold such license and to operate the property under license, which qualifications shall be the same...


the properties under license, delivery of all license instruments, and a showing that such transfer is in the public interest. The transferee shall be subject to all the...


the lessee is granted the exclusive occupancy, possession, or use of project works for purposes of generating, transmitting, or distributing power, and the...


Sec. 11.1 Costs of administration. Subpart A_Charges for Costs of Administration, Use of Tribal Lands and Other Government Lands,...


Sec. 11.2 Use of government lands. (a) Reasonable annual charges for recompensing the United States for the use, occupancy, and enjoyment of its lands...


Sec. 11.3 Use of government dams, excluding pumped storage projects. (a) General rule. (1) Any licensee whose non-Federal project uses a Government dam...


Sec. 11.4 Use of government dams for pumped storage projects, and use of tribal lands. (a) General Rule. The Commission will determine on a...


Sec. 11.5 Exemption of minor projects. No exemption will be made from payment of annual charges for the use of Government dams or tribal lands within...


Sec. 11.6 Exemption of State and municipal licensees and exemptees. (a) Bases for exemption. A State or municipal licensee or exemptee may claim total...


Sec. 11.7 Effective date. All annual charges imposed under this subpart will be computed beginning on the effective date of the license unless some other...


Sec. 11.8 Adjustment of annual charges. All annual charges imposed under this subpart continue in effect as fixed unless changed as authorized...


Source: 51 FR 24318, July 3, 1986, unless otherwise noted. (a) Headwater benefits charges. (1) The Commission will assess or approve charges under...


charges. (a) Applicability. This section applies to any determination of headwater benefits charges, unless: (1) The Commission has approved headwater...


(a) for non-Federal headwater projects. If the headwater project was constructed by a licensee or pre-1920 permittee and a party requests the Commission to determine charges,...


at a downstream project. (1) Energy gains at a downstream project are determined by simulating operation of the downstream project with and without the effects of the...


gains investigation. (a) Settlements. (1) Owners of downstream and headwater projects subject to this subpart may negotiate a settlement for headwater...


(a) Purpose of investigations; limitation. Except as permitted under Sec. 11.14, the Commission will conduct an investigation to obtain information...


Any party subject to a headwater benefits determination under this subpart must supply project-specific data, in accordance with this section, by February 1 of each year...


(a) Payment for benefits from a non-Federal headwater project. Any billing procedures and payments determined between a non-Federal headwater project owner and a...


be paid no later than 45 days after rendition of a bill by the Commission. If the licensee or exemptee believes that the bill is incorrect, no later than 45 days...


be paid no later than 45 days after rendition of a bill by the Commission. If the licensee or exemptee believes that the bill is incorrect, no later than 45 days...
...


A_General Provisions Sec. 12.1 Applicability. 12.2 Rules of construction. 12.3 Definitions. 12.4 Staff administrative responsibility and...


or other provision in a project license is similar to any provision of this part, the licensee must comply with the relevant provision of this part, unless the...


this part, terms defined in section 3 of the Federal Power Act, 16 U.S.C. 796, have the same meaning as they have under the Act. [[Page 192]] (b) Definitions....


(a) Administrative responsibility. The Director of the Office of Hydropower Licensing is responsible for administering the Commission's project safety program and...


applicant must use sound and prudent engineering practices in any action relating to the design, construction, operation, maintenance, use, repair, or modification of a water...


Conditions affecting the safety of a project or its works--(1) Oral reports. An applicant or licensee must report by telephone to the Regional Engineer any condition affecting...


(a) Reporting requirement. Regardless of whether a particular modification is permitted without specific prior Commission approval, an applicant or licensee must report...


rule. Except as provided in paragraph (a)(2) of this section, the applicant or licensee must maintain as permanent project records in addition to those required...


with the provisions of this part must be verified, the form of verification attached to the document must be the following: State of [ ], County of [ ], ss: ...


a written exemption pursuant to Sec. 12.21, every applicant or licensee must develop and file with the Regional Engineer three copies of an emergency action plan...


provided in paragraph (b), if an applicant or licensee satisfactorily demonstrates [[Page 196]] that no reasonably foreseeable project emergency would endanger...


plan itself. An emergency action plan must conform with the guidelines established, and from time to time revised, by the Director of the Office of Hydropower...


project. (1) Except as set forth in paragraph (a)(2), the emergency action plan for an unconstructed project must be filed no later than 60 days before the initial...


plan must be continually updated to reflect any changes in the names or titles of project operators and attendants and other personnel with specified responsibilities for...


action plan itself must be posted in a prominent location readily accessible to the licensee's or applicant's operating personnel who are responsible for...


any licensed project development that has a dam: (a) That is more than 32.8 feet (10 meters) in height above streambed, as defined in Sec. 12.31(c); (b) That...


(a) Independent consultant means any person who: (1) Is a licensed professional engineer; (2) Has at least 10 years experience and expertise in dam design...


the procedures in Sec. 12.35, the project works of each development to which this subpart applies, excluding transmission and transformation facilities and...


licensee, the Director of the Office of Hydropower Licensing may grant an exemption from the requirements of this subpart in extraordinary circumstances that clearly...


60 days before the initiation of an inspection under this subpart, the licensee must submit to the Director of the Office of Hydropower Licensing for approval, with a copy to...


(a) Scope of inspection. The inspection by the independent consultant shall include: (1) Due consideration of all relevant reports on the safety of the development made by...


course of an inspection, an independent consultant discovers any condition for which emergency corrective measures are advisable, the independent consultant must immediately notify...


(a) General requirement. Following inspection of a project development as required under this subpart, the independent consultant must prepare a report and the licensee must file...


(a) General rule. After the initial inspection and report under this subpart for a project development, a new inspection under this subpart must be completed and the report on it filed...


(a) Corrective plan and schedule. (1) Not later than 60 days after the report of the independent consultant is filed with the Regional Engineer, the licensee must submit to...


(a) General rule. During any construction, repair, or modification of project works, including any corrective measures taken pursuant to Sec. 12.39 of this part, the applicant...


a project, a licensee must make adequate provision for installing and maintaining appropriate monitoring instrumentation whenever any physical condition that might affect...


satisfaction of, and within a time specified by, the Regional Engineer, an applicant or licensee must install, operate, and maintain any signs, lights, sirens, barriers, or other...


(a) A licensee must take all reasonable precautions, and comply with all reasonable specifications that may be provided by the Regional Engineer, to ensure that any...


An applicant or licensee must make adequate provision, to the satisfaction of the Regional Engineer or other authorized Commission representative, to ensure that...


Subpart A_General Provisions Sec. 16.1 Applicability. 16.2 Definitions. 16.3 Public notice of projects under expiring licenses. 16.4...


this part: (a) New license means a license, except an annual license, for a water power project that is issued under section 15(a) of the Federal Power Act after an...


In addition to the notice of a licensee's intent to file or not to file an application for a new license provided in Sec. 16.6(d), the Commission will...


(a) Request for acceleration. (1) A licensee may file with the Commission, in accordance with the formal filing requirements in subpart T of part 385 of...


(a) Access. If a potential applicant for a new license, subsequent license, or nonpower license for a project has complied with the first stage consultation provisions...


Federal Power Act Sec. 16.6 Notification procedures under section 15 of the Federal Power Act. (a) Applicability. This section applies to a licensee of an...


Federal Power Act Sec. 16.7 Information to be made available to the public at the time of notification of intent under section 15(b) of the Federal Power Act. ...


Federal Power Act Sec. 16.8 Consultation requirements. (a) Requirement to consult. (1) Before it files any application for a new license, a nonpower license,...


Federal Power Act Sec. 16.9 Applications for new licenses and nonpower licenses for projects subject to sections 14 and 15 of the Federal Power Act. (a)...


Federal Power Act Sec. 16.10 Information to be provided by an applicant for new license: Filing requirements. (a) Information to be supplied by all applicants....


Federal Power Act Sec. 16.11 Nonpower licenses. (a) Information to be provided by all applicants for nonpower licenses. (1) An applicant for a nonpower license...


Act Sec. 16.12 Application for exemption from licensing by a licensee whose license is subject to sections 14 and 15 of the Federal Power Act. (a)...


Federal Power Act Sec. 16.13 Standards and factors for issuing a new license. (a) In determining whether a final proposal for a new license under section 15 of...


Power Act Sec. 16.14 Departmental recommendation for takeover. (a) A Federal department or agency may file a recommendation that the United States...


Power Act Sec. 16.15 Commission recommendation to Congress. Upon receipt of a recommendation from any Federal department or agency, a proposal of any party,...


Federal Power Act Sec. 16.16 Motion for stay by Federal department or agency. (a) Within 30 days of the date on which an order granting a new license or...


Power Act Sec. 16.17 Procedures upon Congressional authorization of takeover. If Congress authorizes the takeover of a hydroelectric power project as...


Power Act Sec. 16.18 Annual licenses for projects subject to sections 14 and 15 of the Federal Power Act. (a) This section applies to projects with...


of the Federal Power Act Sec. 16.19 Procedures for an existing licensee of a minor hydroelectric power project or of a minor part of a hydroelectric power project with...


of the Federal Power Act Sec. 16.20 Applications for subsequent license for a project with an expiring license not subject to sections 14 and 15 of the Federal Power...


15 of the Federal Power Act Sec. 16.21 Operation of projects with a minor or minor part license not subject to sections 14 and 15 of the Federal Power Act after...


of the Federal Power Act Sec. 16.22 Application for an exemption by a licensee with a minor or minor part license for a project not subject to sections 14 and 15 of...


(a) An existing licensee of a water power project with a license subject to sections 14 and 15 of the Federal Power Act that fails to file a notice of...


new license, nonpower license, exemption, or subsequent license. (a) Licenses subject to sections 14 and 15 of the Federal Power Act. (1) An existing licensee with...


timely application is filed following a notice of intent to file. (a) If an existing licensee that indicates in the notice filed pursuant to Sec. 16.6 that it will file...


timely application is filed following a notice of intent not to file. (a) If an existing licensee indicates in the notice filed pursuant to Sec. 16.6 that it will not...


Regulation of issuance of securities. Authority: Secs. 3(16), 19, 20, 41 Stat. 1063, 1073; secs. 201, 309, 49 Stat. 838, 858;...


to this section by or pursuant to Sec. 20.1, shall be subject to and shall comply with the same requirements as the Commission would administer to it if it were a public...


eight conformed copies of each declaration of intention under the provisions of section 23(b) of the Act shall be filed. The declaration shall give the name and post...


Hearings. Any application for vacation of a reservation effected by the filing of an application for preliminary permit or license, or for...


the Commission in its discretion and shall be in accordance with the provisions of subpart E of part 385 of this chapter. Note 1: On April 17, 1922, the Commission made...


Connection of Facilities Sec. 32.1 Contents of application; filing fee. 32.2 Required exhibits. 32.3 Other information. 32.4 Form and style; number...


Statement of the estimated capital cost of all facilities required to establish the connection, and the estimated annual cost of operating such facilities. Exhibit B....


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR32.3] [Page 229] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 32_INTERCONNECTION OF FACILITIES--Table of Contents Sec. 32.3 Other information. The Commission may require additional information when it appears to be pertinent in a particular case. ...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR32.4] [Page 229] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 32_INTERCONNECTION OF FACILITIES--Table of Contents Sec. 32.4 Form and style; number of copies. An original and six conformed copies of an application under Sec. Sec. 32.1 to 32.4 must be filed. [Order 342, 32 FR 6622, Apr. 29, 1967, as amended by Order 225, 47 FR 19056, May 3, 1982] ...


of Contents Sec. 33.1 Applicability. 33.2 Contents of application--general information requirements. [[Page 230]] 33.3...


manner and form and in the order indicated, the following general information with respect to the applicant and each entity whose jurisdictional facilities or securities...


must file the horizontal Competitive Analysis Screen described in paragraphs (b) through (f) of this section if, as a result of the proposed transaction, a single...


must file the vertical Competitive Analysis described in paragraphs (b) through (e) of this section if, as a result of the proposed transaction, a single corporate entity...


the Commission's Uniform System of Accounts in part 101 of this chapter, the applicant must present proposed accounting entries showing the effect of the transaction with...


as well as a copy of the same notice in electronic format in WordPerfect 6.1 (or other electronic format the Commission may designate) on a 3\1/2\...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR33.7] [Page 238] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 33_APPLICATION FOR ACQUISITION, SALE, LEASE, OR OTHER DISPOSITION, Sec. 33.7 Verification. The original application must be signed by a person or persons having authority with respect thereto and having knowledge of the matters therein set forth, and must be verified under oath. ...


submits a public and a non-public version (containing information filed under a request for privileged treatment), the original and at least three of the eight copies must be...


public disclosure pursuant to Sec. 388.112 of this chapter, the applicant must include with its request for privileged treatment a proposed protective order under which the...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR33.10] [Page 239] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 33_APPLICATION FOR ACQUISITION, SALE, LEASE, OR OTHER DISPOSITION, Sec. 33.10 Additional information. The Director of the Office of Markets, Tariffs and Rates, or his designee, may, by letter, require the applicant to submit additional information as is needed for analysis of an application filed under this part. ...


short-term issuances and certain qualifying facilities. Sec. 34.1 Applicability; definitions; exemptions in case of certain State ...


from the Commission, utilities may issue securities by either a competitive bid or negotiated placement, provided that: (1) Competitive bids are obtained from...


to the Commission for authority to issue securities shall contain the information specified in this section. In lieu of filing the information required in paragraphs (e),...


statement of corporate purposes from its articles of incorporation. (b) Exhibit B. A copy of all resolutions of the applicant's directors authorizing the issuance...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR34.5] [Page 242] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 34_APPLICATION FOR AUTHORIZATION OF THE ISSUANCE OF SECURITIES OR THE ASSUMPTION OF LIABILITIES--Table of Contents Sec. 34.5 Additional information. The Commission may, in its discretion, require the filing of additional information which appears necessary to reach a determination on any particular application. ...


to the requirements of subpart T of part 385 of this chapter. [Order 182, 46 FR 50514, Oct. 14, 1981, as amended by Order 225, 47 FR 19056, May...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR34.7] [Page 242] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 34_APPLICATION FOR AUTHORIZATION OF THE ISSUANCE OF SECURITIES OR THE ASSUMPTION OF LIABILITIES--Table of Contents Sec. 34.7 Number of copies to be filed. Each applicant shall submit to this Commission an original and four copies of each application pursuant to this part 34. ...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR34.8] [Page 242] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 34_APPLICATION FOR AUTHORIZATION OF THE ISSUANCE OF SECURITIES OR THE ASSUMPTION OF LIABILITIES--Table of Contents Sec. 34.8 Verification. The original application shall be signed by an authorized representative of the applicant, who has knowledge of the matters set forth therein, and it shall be verified under oath. ...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR34.9] [Page 242] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 34_APPLICATION FOR AUTHORIZATION OF THE ISSUANCE OF SECURITIES OR THE ASSUMPTION OF LIABILITIES--Table of Contents Sec. 34.9 Filing fee. Each application shall be accompanied by a fee as prescribed in part 381 of this chapter. [Order 182, 46 FR 50514, Oct. 14, 1981, by Order 435, amended at 50 FR 40357, Oct. 3, 1985] ...


Sec. 131.50 of this chapter no later than 30 days after the sale or placement of long-term debt or equity securities or the entry into guarantees or assumptions of...


fees. 35.1 Application; obligation to file rate schedules and tariffs. 35.2 Definitions. 35.3 Notice requirements. 35.4 Permission to...


(a) Every public utility shall file with the Commission and post, in conformity with the requirements of this part, full and complete rate schedules, as defined in Sec. 35.2(b),...


herein shall mean the transmission of electric energy in interstate commerce or the sale of electric energy at wholesale for resale in interstate commerce, and may be...


any part thereof shall be tendered for filing with the Commission and [[Page 246]] posted not less than sixty days nor more than one hundred-twenty days prior to...


permits a rate schedule or any part thereof or any notice of cancellation to become effective shall not constitute approval by the Commission of such rate schedule or...


to the Commission's rules of practice and procedure and delegation of Commission authority, shall reject any material submitted for filing with the Commission which patently...


rate schedule or any part thereof or any material relating thereto for the purpose of receiving staff suggestions and comments thereon prior to filing with...


or parts thereof, and material related thereto including any change in rates, certificates of concurrence, notices of cancellation or termination, and notices...


notice. (a) Protests or interventions. Unless the notice issued by the Commission provides otherwise, any protest or intervention to a rate filing made pursuant...


agreements). (a) All tariffs and rate schedules (including service agreements) must be numbered sequentially from the beginning of that tariff or rate schedule...


filing with the Commission under this part, shall show on a title page, which shall be otherwise blank, (1) the name of the filing public utility, (2) the names of...


a standard form of service agreement for a service other than market-based power sales, the public utility shall include as part of its applicable tariff(s) an...


updated Electric Quarterly Report with the Commission covering all services it provides pursuant to this part, for each of the four calendar quarters of each year, in...


shown, the Commission may, by order, provide that a rate schedule, or part thereof, shall be effective as of a date prior to the date of filing or prior to the date the...


letter of a public utility transmitting to the Commission for filing an initial rate schedule shall list the documents submitted with the filing; give the date on which the...


letter of a public utility transmitting to the Commission for filing an initial rate schedule shall list the documents submitted with the filing; give the date on which the...
...


(a) Fuel adjustment clauses which are not in conformity with the principles set out below are not in the public interest. These regulations contemplate that the filing...


a rate schedule or part thereof required to be on file with the Commission is proposed to be cancelled or is to terminate by its own terms and no new rate schedule or part...


changed, or its operating control is transferred to another public utility in whole or in part, or a receiver or trustee is appointed to operate any public utility, the...


a rate schedule under Sec. 35.12 or Sec. 35.13 and has recorded an asset retirement obligation on its books must provide a schedule, as part of the supporting work...


of the information called for in this part has already been submitted to the Commission, substantially in the form prescribed above, specific reference thereto may be made in...


(1) The public utility whose proposed increased rates or charges were suspended shall refund at such time in such amounts and in such manner as required by final order of...


of the Federal Power Act. Upon further order of this Commission issued upon its own motion or upon complaint or request by any person or State within the meaning...


of rate schedules. (a) Applicability. This section applies to all electric rate schedules required to be filed under this part that are used for transactions...


any wholesale sale of electric energy in a coordination transaction by a public utility if that sale requires the use of an emissions allowance. (b)...


Except as provided in subparagraph (2) of this paragraph, this section applies, with respect to rate schedules filed under Sec. Sec. 35.12 and 35.13 of this part, to...


section applies to any rate schedule filed under this part by any public utility as defined in subsection 201(e) of the Federal Power Act. (b) Definitions. For purposes of...


(a) Purpose. This section establishes the standards that a public utility or transmitting utility must satisfy in order to recover stranded costs. ...


other requirements, any public utility seeking authorization to engage in sales for resale of electric energy at market-based rates shall not be required to demonstrate any lack...


(a) Applicability. This section applies to any public utility that owns, controls or operates facilities used for the transmission of electric energy in interstate commerce and to...


of 1954, as amended by Title XI of the Energy Policy Act of 1992. The costs that public utilities incur relating to special assessments under the Atomic Energy Act...


35.30 General provisions. Authority: Federal Power Act, 16 U.S.C. 792-828c (1976 and Supp. IV 1980) and Pacific Northwest Electric Power Planning and...


Sec. 35.31 Commission review. (a) Procedures. Filings under this subpart are subject to the procedures applicable to other filings under section 205 of the...


(a) If a public utility has elected to provide for the decommissioning of a nuclear power plant through a nuclear plant decommissioning trust fund...


(a) In addition to the general provisions of Sec. 35.32, the Trustee must observe the provisions of this section. (b) The Trustee may use Fund assets...


Regional Transmission Organizations. (a) Purpose. This section establishes required characteristics and functions for Regional Transmission Organizations for the purpose...


section 211 of the Federal Power Act. Authority: 5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 31 U.S.C. 9701; 42 U.S.C. 7107-7352. ...


of Transmission Providers and Responsible Parties. 37.6 Information to be posted on the OASIS. 37.7 Auditing Transmission Service Information. 37.8 Obligations...


access to information that will enable them to obtain transmission service on a non-discriminatory basis from any Transmission Provider. These rules provide standards...


the transmission of electric energy in interstate commerce. (b) Transmission Customer means any eligible customer (or its designated agent) that can or does execute...


the operation of an OASIS, either individually or jointly with other Transmission Providers, in accordance with the requirements of this Part. The Transmission Provider...


must have such capabilities as to allow Transmission Customers to: (1) Make requests for transmission services offered by Transmission Providers, Resellers and...


provided for under Sec. 37.6(g)(2), must be stored, dated, and time stamped. (b) Audit data must remain available for download on the OASIS for 90 days,...


significant amount of automated queries. The OASIS user must also notify the Responsible Party one month in advance of expected significant increases in the volume of...


to notification. 41.3 Facts and argument. 41.4 Form and style. 41.5 Verification. 41.6 Determination. 41.7 Assignment for oral...


by said notice, or within a reasonable time in case no date is specified, or if there is a disagreement between such person and the Commission or its representative...


parties interested, including representatives of the Commission, shall submit to the Commission, within 30 days after the receipt of notice from the Commission to do so,...


memorandum should set out the facts and argument as prescribed for briefs in Sec. 385.706 of this chapter. [Order 141, 12 FR 8500, Dec. 19, 1947, as amended by Order...


affirmatively appear in the affidavit. Except under unusual circumstances, such persons should be those who would appear as witnesses if hearing were had to testify as to...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR41.6] [Page 307] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 41_ACCOUNTS, RECORDS, AND MEMORANDA--Table of Contents Sec. 41.6 Determination. If no formal hearing is had the matter in issue will be determined by the Commission on the basis of the facts and arguments submitted. ...


the Commission will assign the proceeding for hearing as provided by subpart E of part 385 of this chapter. Notwithstanding a person's not giving consent to...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR41.8] [Page 307] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 41_ACCOUNTS, RECORDS, AND MEMORANDA--Table of Contents Sec. 41.8 Burden of proof. The burden of proof to justify every accounting entry shall be on the person making, authorizing, or requiring such entry. Certification of Compliance With Accounting Regulations ...


prior to January 1, 1984 shall secure, for the year 1968 and each year thereafter until December 31, 1975, the services of an independent certified public accountant, or...


January 1, 1984 shall file with the Commission a [[Page 308]] letter or report of the independent accountant certifying approval, together with or within 30...


December 31, 1975, who is not in fact independent. Beginning January 1, 1976, and each year thereafter, the Commission will recognize only independent certified public...


authorization. 45.3 Time of filing application. 45.4 Supplemental applications. 45.5 Supplemental information. 45.6 Termination of authorization. 45.7 Form...


person elected or appointed to perform the duties or functions ordinarily performed by a president, vice president, secretary, treasurer, general manager, comptroller,...


election or appointment to a position or positions within the purview of section 305(b) of the Act. (b) Application after election or appointment. Section 305(b) of the...


forth in an application, by the applicant's election or appointment to another position or other positions in corporations within the purview of section 305(b) of the Act,...


the Commission and within such time as may be allowed, supplement any application or any supplemental application with any information required by the Commission. ...


Act are subject to revocation by the Commission after due notice to applicant and opportunity for hearing. In any such proceeding the burden of proof shall be upon the applicant...


of supplemental information, notice of change and report required to this part, together with one additional copy for each interested State commission, shall...


part 381 of this chapter and shall state the following: (a) Identification of applicant. (1) Full name, business address and state of residence. (2) Major business...


(c) of this section, the Commission authorizes any officer or director of a public utility to hold the following interlocking positions: (1) Officer or director of one...


Purchaser list. 46.4 General rule. 46.5 Covered entities. [[Page 314]] 46.6 Contents of the written statement and procedures for...


(a) Public utility has the same meaning as in section 201(e) of the Federal Power Act and further includes any company which is part of a holding company system which includes...


before January 31 of each year, each public utility shall complile a list of the purchasers described in paragraph (b) of this section and shall identify each purchaser by name...


Secretary of the Commission a written statement in accordance with Sec. 46.6, and in the form specified in Sec. 131.31 of this chapter (except that with respect to calendar...


Sec. 46.4(b) applies are the following: (a) Any investment bank, bank holding company, foreign bank or subsidiary thereof doing business in the United States,...


Each person required to file a written statement under the general rule in Sec. 46.4 shall comply with the following requirements: (a) Each person shall provide the...


records and periods of retention. Authority: 16 U.S.C. 825, 825c, and 825h; 44 U.S.C. 3501 et seq. This Part is prescribed and promulgated as the...


of account and other records prepared by or on behalf of the public utility or licensee. See item 40 of the schedule (Sec. 125.3) for those records that come into possession...


Corporate and General 1. Reports to stockholders. 2. Organizational documents. 3. Contracts including amendments and agreements. 4. Accountants'...


FERC 561, Annual report of interlocking positions. 131.43 Report of securities issued. 131.50 Reports of proposals received. 131.51 Notice of succession in ownership...


TR31DE98.003 [[Page 454]] INSTRUCTIONS FOR COMPLETING ANNUAL REPORT OF INTERLOCKING POSITIONS ...


respondent] Report of Securities Issued Description...


assumptions of liabilities (collectively referred to as ``placement'') pursuant to authority granted under Part 34 of this chapter, the applicant must file a summary of...


to be...


This is to certify that------------------ (Name of public utility concurring) assents to and concurs in the rate schedule (rate...


Notice is hereby given that effective the ---- day of------------ 19----, Rate Schedule F.E.R.C. No. ------, effective date ------------ and filed with the Federal...


292.207 of this chapter.) [[Page 457]] FERC FORM 556, OMB No. 1902-0075 Expires -------- Certification of Qualifying Facility Status for...


1, Annual report of Major electric utilities, licensees and others. 141.2 FERC Form No. 1-F, Annual report for Nonmajor public utilities and ...


Nonmajor Public Utilities and Licensees, designated herein as FERC Form No. 1-F, is prescribed for the year 1980 and each year thereafter. (b) Filing requirements--(1)...


Report, designated as FERC Form No. 80, for use by licensees in reporting information with respect to existing and potential recreational use at developments...


annual report of conveyances of easements or rights-of-way across, or leases of, project lands, the report must be filed only if such a conveyance or lease of project lands...


section 3(4) of the Public Utility Regulatory Policies Act, 16 U.S.C. 2602, operating a control area, and any group of electric utilities, which by way of...


producer having electric generating plants with a stream-electric generating capacity of 50 megawatts or greater during the reporting month must file with the Federal...


the Commission shall file, insofar as applicable, the following statements properly sworn to by the officer in responsible charge of their compilation: ...


defined in Sec. 3(23) of the Federal Power Act, that operates integrated (that is, non- radial) transmission facilities at or above 100 kilovolts must complete FERC Form...


quarterly report of electric utilities, licensees, and natural gas companies, designated as FERC Form No. 3-Q, is prescribed for the reporting quarter ending March...


of Accounts prescribed in part 101 and Sec. 141.1 or Sec. 141.2 of this title that participate in cash management programs must file these agreements with the Commission....


CERTAIN SALES FOR RESALE--Table of Contents Sec. 152.1 Exemption applications and blanket certificates. 152.2 Form of application;...


shall be furnished to the Commission. The Commission reserves the right to request additional copies. A copy of the application shall be served on the State Commission which...


this chapter or a petition for waiver pursuant to Sec. 381.106 of this chapter and shall set forth in the order indicated, the following: (a) The exact legal name...


separately filed, a certificate from the appropriate State Commission that the natural-gas (a) rates (including rates for sales for resale), (b) service, and (c) facilities of...


of the Natural Gas Act by section 1(c) thereof from compliance with valid State regulatory requirements. If an exemption from the provisions of the Natural Gas Act is...


153.1 Purpose and scope. Subpart A_General Provisions Sec. 153.1 Purpose and scope. 153.2 Definitions. 153.3...


153.2 Definitions. (a) DOE/FE means the Department of Energy/Office of Fossil Energy or its successor office. (b) NBSIR means the National Bureau of...


153.3 Notice requirements. All applications filed under this part are subject to the landowner notification requirements in Sec. 157.6(d) of...


153.5 Who shall apply. (a) Applicant. Any person proposing to site, construct, or operate facilities which are to be used for the export of natural gas...


153.6 Time of filing. (a) An application filed pursuant to Sec. 153.5(a) shall state whether DOE/FE authorization for the import/export of natural gas...


Sec. 153.7 Contents of application. Every application under subpart B of this part shall include, in the order indicated, the following: (a)...


Sec. 153.8 Required exhibits. (a) An application must include the following exhibits: (1) Exhibit A. A certified copy of articles of...


153.9 Transferability. (a) Non-transferable. Authorizations under subpart B of this part and section 3 of the Natural Gas Act and related facilities shall not...


Sec. 153.10 Authorization not exclusive. No authorization granted pursuant to subpart B of this part and section 3 of the Natural Gas Act shall be deemed to prevent...


Sec. 153.11 Supplemental orders. The Commission also may make, at any time subsequent to the original order of authorization, after opportunity for hearing,...


Sec. 153.12 Collaborative procedures for applications for authorization to site, construct, maintain, connect, or modify facilities to be used for the export or import...


Sec. 153.13 Emergency reconstruction. The provisions of subpart F of part 157 of this chapter that permit reconstruction for the purpose of immediately...


Sec. 153.15 Who shall apply. (a) Applicant. Any person proposing to construct, operate, maintain, or connect facilities at the borders of the...


Sec. 153.16 Contents of application. (a) Cross-reference. The submission of information under Sec. Sec. 153.7 and 153.8 of subpart B of this part shall be...


Sec. 153.17 Effectiveness of Presidential Permit. A Presidential Permit, once issued by the Commission, shall not be effective until it has been accepted by...


153.20 General rule. (a) Number of copies. Applications under subpart B of this part must be submitted to the Commission in an original and 7...


153.21 Conformity with requirements. (a) General Rule. Applications under subparts B and C of this part must conform with the requirements of this part. ...


153.22 Amendments and withdrawals. Amendments to or withdrawals of applications must conform to the requirements of Sec. Sec. 385.215 and 385.216 of...


153.23 Reporting requirements. Each person authorized under this part 153 that is not otherwise required to file information concerning the start...


Subpart A_General Provisions and Conditions Sec. 154.1 Application; Obligation to file. 154.2 Definitions. 154.3 Effective tariff. 154.4 Electronic and...


affects or relates to rates, charges, classifications, practices, rules, regulations, or services for any transportation or sale of natural gas subject to the jurisdiction...


is the tariff filed pursuant to the requirements of this part, and permitted by the Commission to become effective. A natural gas company must not directly or...


pursuant to subpart D of this part, and all workpapers in spreadsheet format, and tariff sheets other than those in [[Page 473]] Volume No. 2, must...


may be rejected by the Director of the Office of Pipeline Regulation pursuant to the authority delegated to the Director in Sec. 375.307(b)(2) of...


any tariff, contract or part thereof does not constitute approval by the Commission. Any filing which does not comply with any applicable statute, rule, or order, may...


agreement. The following must be included with the filing of any tariff, executed service agreement, or part thereof, or change thereto. (a) A letter...


may informally submit a proposed tariff or any part thereof or material relating thereto for the suggestions of the Commission staff prior to filing. Opinions of the...


or otherwise reproduced on 8\1/2\ by 11 inch sheets of a durable paper so as to result in a clear and permanent record. The sheets of the tariff must be ruled to set...


the front cover: FERC Gas Tariff [Volume number. For example: ``Original Volume No. 1''] of [Name of Natural-Gas Company] Filed with...


the following order: A table of contents, a preliminary statement, a map of the system, currently effective rates, composition of rate schedules, general terms and...


the rate schedules, sections of the general terms and conditions, and other sections in the order in which they appear, showing the sheet number of the first page of...


brief general description of the company's operations and may also contain a general explanation of its policies and practices. General rules and regulations, and any...


the company's principal pipeline facilities and of the points at which service is rendered under the tariff. The boundaries of any rate zones or rate areas must be shown and...


present the currently effective rates and charges under each rate schedule. (b) All rates must be stated clearly in cents or dollars and cents per thermal unit. The...


statement of the rate or charge and all terms and conditions governing its application, arranged as follows: (a) Title. Each rate schedule must have a title consisting of...


terms and conditions of service applicable to all or any of the rate schedules. Subsections and paragraphs must be numbered for convenient reference. (b) The...


forma copy of each form of service agreement. The form for each service must refer to the service to be rendered and the applicable rate schedule of the tariff;...


the reporting requirements of Sec. 284.13(c) of this chapter, then an index of customers need not be provided in the tariff. [[Page 477]] (b) If all of...


permit a special rate schedule to be filed in the form of an agreement in the case of a special operating arrangement, previously certificated pursuant to part 157 of...


subparts A and B of this part, the following must be included with the filing of any tariff, executed service agreement, or part thereof, that changes or supersedes...


to initiate a new service authorized under a blanket authority in part 284 of this chapter, the filing must comply with the requirements of this paragraph. (1) Filings...


subparts A, B, and C of this part, filings made to comply with orders issued by the Commission, including those issued under delegated authority, must contain...


and conditions. A filing to revise rate schedules, forms of service agreements, or the general terms and conditions, must: (a) Adhere to the requirements of...


thereof. (a) Withdrawal of suspended tariffs, executed service agreements, or parts thereof. A natural gas company may not, within the period of suspension, withdraw...


to the end of the suspension period, the Commission has issued an order requiring changes in the filed rates, or the filed rates recover costs for facilities not certificated and...


any parts thereof must be filed with the Commission and posted not less than 30 days nor more than 60 days prior to the proposed effective date thereof, unless a waiver...


filing date, the company must serve, upon all customers as of the date of the filing and all affected state regulatory commissions, an abbreviated form of the filing consisting of:...


a form of notice suitable for publication in the Federal Register. The company must also submit a copy of the notice on a separate 3\1/2\ diskette in ASCII format....


by the Commission provides otherwise, any protest, intervention or comment to a tariff filing made pursuant to this part must be filed in accordance with Sec. 385.211 of...


to subparts E, F and G, of this part, any natural gas company filing for a change in rates or charges, except for a minor rate change, must submit, in addition to the...


the information called for by this part has already been submitted to the Commission within six months of the filing date of this application, or is included in other data...


in Sec. 154.312 and Sec. 154.313, must be based upon a test period. (a) If the natural gas company has been in operation for 12 months on the filing date,...


(a) All statements, schedules, and workpapers must be prepared in accordance with the Commission's Uniform System of Accounts. (b) The data in support of the proposed...


compute the income tax component of its cost-of-service by using tax normalization for all transactions. (b) Definitions. (1) Tax normalization means...


tariff change under this part may not [[Page 484]] receive a cash working capital adjustment to its rate base unless the company or other participant in a...


show all costs (investment, operation, maintenance, depreciation, taxes) that have been allocated to the natural gas operations involved in the subject rate change and...


include a statement executed by the chief accounting officer or other authorized accounting representative of the filing company representing that the cost statements, supporting...


rates are charged, the company must provide a summary with applicable cross-references to Sec. 154.312 and Sec. 154.313, of the costs and revenues associated with...


proposes a zone rate methodology based on these costs, the statements and schedules in Sec. 154.312 and Sec. 154.313 must reflect costs detailed...


Sec. 154.312, that include test period data, must be updated with actual data by month and must be resubmitted in the same format and with consecutive monthly totals for...


Sec. 154.312, that include test period data, must be updated with actual data by month and must be resubmitted in the same format and with consecutive monthly totals for...
...


or charge that, for the test period, does not increase the company's revenues by the smaller of $1,000,000 or 5 percent is a minor rate change. A change in a rate level that does...


rate change is responsible for preparing prior to filing, and maintaining, workpapers sufficient to support the filing. (b) If the natural gas company has relied upon data...


files a tariff change under this part and has recorded an asset retirement obligation on its books must provide a schedule, as part of the supporting workpapers,...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR154.400] [Page 496] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 154_RATE SCHEDULES AND TARIFFS--Table of Contents Subpart E_Limited Rate Changes Sec. 154.400 Additional requirements. In addition to the requirements of subparts A, B, and C of this part, any proposal to implement a limited rate change must comply with this subpart. ...


natural gas company may file to recover research, development, and demonstration (RD&D) expenditures in its rates under this subpart. (b) Applications for rate...


natural gas pipeline [[Page 497]] company may adjust its rates, annually, to recover from its customers annual charges assessed by the Commission under...


on a periodic basis, of a single cost item or revenue item for which passthrough is not regulated under another section of this subpart, and to revisions on a...


collects rates or charges pursuant to this chapter must refund that portion of any increased rates or charges either found by the Commission not to be justified,...


a Commission order or as a part of a settlement in a proceeding initiated under this part 154 or part 284 of this chapter, to make a report on a periodic basis, details...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR154.600] [Page 501] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 154_RATE SCHEDULES AND TARIFFS--Table of Contents Subpart G_Other Tariff Changes Sec. 154.600 Compliance with other subparts. Any proposal to implement a tariff change other than in rate level must comply with subparts A, B, and C of this part. ...


change or revision of an executed service agreement on file with the Commission must be in the form of a superseding executed service agreement only. Service agreements may...


When an effective tariff, contract, or part thereof on file with the Commission, is proposed to be canceled or is to terminate by its own terms and no new...


of a natural gas company on file with the Commission are to be adopted by another company or person as a result of an acquisition, or merger, authorized by a certificate...


rules. 156.3 Applications; number of copies; general requirements. [[Page 502]] 156.4 Form of exhibits to be attached to applications. 156.5...


of the Natural Gas Act shall contain all information necessary to advise the Commission fully concerning the applicant, the service which applicant requests the...


7 conformed copies of an application under this part shall be filed with the Commission. The Commission reserves the right to request additional copies. In all...


contain a title page showing applicant's name, Docket No. CP- ------ (number designation to be left blank), title of exhibit, and if exhibit consists of 10 or more pages...


be submitted with the application when tendered for filing. Such exhibits may be attached to the application or furnished in a separate volume or separate...


and the applicant so advised. Any application which does not conform to the requirements of Sec. Sec. 156.1 through 156.5 will be rejected by the Secretary. All but one...


cause a copy thereof to be served upon the natural gas company (respondent) against which an order pursuant to section 7(a) of the Natural Gas Act has been requested....


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR156.8] [Page 508] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 156_APPLICATIONS FOR ORDERS UNDER SECTION 7(a) OF THE NATURAL GAS ACT--Table of Contents Sec. 156.8 Notice of application. Notice of each application filed, except when rejected in accordance with Sec. 156.6, will be published in the Federal Register and copies of such notice mailed to the State affected thereby. ...


the time within which any person desiring to participate in the proceeding or to file a protest regarding the application, may file a petition to intervene or protest, and...


possible date giving due consideration of statutory requirements and other matters pending, with notice thereof as provided by Sec. 385.2009 of this chapter:...


forward on the date set for hearing and present its full case in support of its application will constitute ground for the summary dismissal of the application and the...


AND APPROVING ABANDONMENT UNDER SECTION 7 OF THE NATURAL GAS ACT--Table of Contents Subpart A_Applications for Certificates of Public...


(a) Applications under section 7 of the Natural Gas Act shall set forth all information necessary to advise the Commission fully concerning the operation, sales,...


(a) Applicable rules--(1) Submission required to be furnished by applicant under this subpart. Applications, amendments thereto, and all exhibits and other submissions...


(a) General. When the operations sales, service, construction, extensions, acquisitions or abandonment proposed by an application do not require all the data and information specified...


Applications will be docketed when received and the applicant so advised. (a) If an application patently fails to comply with applicable...


each application filed, except when rejected in accordance with Sec. 157.8, will be issued within 10 days of filing, and subsequently will be published in the Federal Register...


(a) Notices of applications, as provided by Sec. 157.9, will fix the time within which any person desiring to participate in the proceeding may file a petition to intervene,...


will schedule each application for public hearing at the earliest date possible giving due consideration to statutory requirements and other matters pending, with...


Except for good cause shown, failure of an applicant to go forward on the date set for hearing and present its full case in support of its application will constitute ground for...


Each exhibit attached to an application must conform to the following requirements: (a) General requirements. Each exhibit must be submitted in the...


each application. All exhibits specified must accompany each application when tendered for filing. Together with each exhibit applicant must provide a full and...


An application for a certificate authorizing acquisition of facilities, in addition to complying with the applicable provisions of Sec. Sec. 157.5...


In addition to the exhibits required by Sec. 157.14, every application involving acquisition of facilities must be accompanied by the exhibits listed below. Together with...


cases of emergency. In cases of emergency and pending the determination of any application on file with the Commission for a certificate of public convenience...


service; exhibits. Applications for an order authorizing abandonment of facilities or service pursuant to section 7(b) of the Natural Gas Act must contain a...


Such of the following terms and conditions, among others, as the Commission shall find is required by the public convenience and necessity, shall attach to...


certificates of public convenience and necessity and for orders permitting and approving abandonment. (a) A potential applicant may submit to the Commission...


157.53 Testing. Authority: Natural Gas Act, as amended, 15 U.S.C. 717 et. seq., Energy Supply and Environmental Coordination Act, 15 U.S.C. 791 et....


and Abandonment Sec. 157.201 Applicability. (a) Scope. This subpart establishes a procedure whereby an...


and Abandonment Sec. 157.202 Definitions. (a) General rule. Terms defined in the Natural Gas Policy Act of...


and Abandonment Sec. 157.203 Blanket certification. (a) Effect. A blanket certificate issued pursuant to this...


and Abandonment Sec. 157.204 Application procedure. (a) Who may apply. Any interstate pipeline which has been issued...


and Abandonment Sec. 157.205 Notice procedure. (a) Applicability. No activity described in Sec. Sec....


and Abandonment Sec. 157.206 Standard conditions. Any activity authorized under a blanket certificate issued...


and Abandonment Sec. 157.207 General reporting requirements. On or before May 1, or each year, or in the case of...


and Abandonment Sec. 157.208 Construction, acquisition, operation, replacement, and miscellaneous rearrangement...


and Abandonment Sec. 157.209 Temporary compression facilities. (a) Automatic authorization. If the cost does not exceed...


and Abandonment Sec. 157.211 Delivery points. (a) Construction and operation--(1) Automatic authorization....


and Abandonment Sec. 157.214 Increase in storage capacity. (a) Prior notice. Subject to the notice requirements of...


and Abandonment Sec. 157.215 Underground storage testing and development. (a) Automatic authorization. The...


and Abandonment Sec. 157.216 Abandonment. (a) Automatic authorization. The certificate holder is authorized...


and Abandonment Sec. 157.217 Changes in rate schedules. (a) Automatic authorization. The certificate holder is authorized...


and Abandonment Sec. 157.218 Changes in customer name. (a) Automatic authorization. The effective certificates of...


Response to notification. 158.3 Facts and argument. 158.4 Form and style. 158.5 Verification. 158.6 Determination. 158.7 Assignment for...


fixed by said notice, or within a reasonable time in case no date is specified, or if there is a disagreement between such person and the Commission or its...


other parties interested, including representatives of the Commission, shall submit to the Commission, within 30 days after the receipt of notice from the Commission to do so,...


should set out the facts and argument [[Page 544]] as prescribed for briefs in Sec. 385.706 of this chapter. [Order 141, 12 FR 8603, Dec. 19, 1947,...


affirmatively appear in the affidavit. Except under unusual circumstances, such persons should be those who would appear as witnesses if hearing were had to testify as to...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR158.6] [Page 544] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 158_ACCOUNTS, RECORDS, AND MEMORANDA--Table of Contents Sec. 158.6 Determination. If no formal hearing is had the matter in issue will be determined by the Commission on the basis of the facts and arguments submitted. ...


to the submission of the case to the Commission any party in interest requests a hearing, the proceeding will be assigned for hearing as provided for by subpart E of part 385...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR158.8] [Page 544] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 158_ACCOUNTS, RECORDS, AND MEMORANDA--Table of Contents Sec. 158.8 Burden of proof. The burden of proof to justify every accounting entry shall be on the person making, authorizing, or requiring such entry. Certification of Compliance with Accounting Regulations ...


for each year, the services of an independent certified public accountant, or independent licensed public accountant (licensed on or before December 31, 1970), certified...


with the Commission a letter or report of the independent accountant certifying approval, together with the original and each copy of the filing of the applicable Annual...


licensed public accountants who were licensed on or before December 31, 1970, who are in fact independent. For example, an accountant will not be considered independent...


and periods of retention. Authority: 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 792-828c; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR 1978 Comp. p. 142. ...


of account and other records prepared by or on behalf of the natural gas company. See item 40 of the schedule for those records that come into possession of the natural gas company...


Corporate and General 1. Reports to stockholders. 2. Organizational documents. 3. Contracts including amendments and agreements. 4. Accountants'...


notice of cancellation as set forth below must be filed as a revised tariff sheet superseding the first tariff sheet in the sequence of tariff sheets containing the...


---------- day of -------- ------------, ------, the contract with --------------------, (Name of customer or customers) dated -------------------- and relating to service...


company...


single community (see Sec. 156.3(d) of this chapter). 1. Name of applicant (indicate whether individual, corporation or municipality). 2. Address. 3....


transports [[Page 702]] natural gas for others pursuant to Subparts B or G of Part 284 of this chapter and is affiliated, as that term is defined in Sec. 358.3...


Major natural gas companies. 260.2 FERC Form No. 2-A, Annual report for Nonmajor natural gas companies. 260.3 FERC Form No. 11, Natural gas pipeline company...


Natural Gas Companies, designated herein as FERC Form No. 2--A, is prescribed. (b) Filing requirements. Each natural gas company, as defined by the Natural Gas Act,...


natural gas companies designated herein, is designed to obtain on a quarterly basis monthly information concerning selected revenues and associated quantities. (b)(1)...


in excess of 100,000 Mcf per day (measured at 14.73 p.s.i.a. and 60[deg] F.), shall file with the Commission by June 1 of each year five (5) copies of a diagram or...


pipeline company shall report to the Federal Energy Regulatory Commission (Commission) serious interruptions of service to any wholesale customer involving facilities operated...


shall file, insofar as applicable, the following statements properly [[Page 706]] sworn to by the officer in responsible charge of their...


Prescription. The quarterly report for electric utilities, licensees, and natural gas companies, designated herein as FERC Form No. 3-Q, is prescribed for the reporting quarter...


prescribed in part 201 and Sec. 260.1 or Sec. 260.2 of this title that participate in cash management programs must file these agreements with the Commission. The...


Definitions Sec. 270.101 General definitions. Subpart B_Determinations by Jurisdictional Agencies 270.201 Applicability. 270.202...


jurisdictional agencies for tight formation gas, occluded natural gas produced from coal seams, and natural gas produced from Devonian shale that is produced through: ...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR270.202] [Page 710] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 270_DETERMINATION PROCEDURES--Table of Contents Subpart B_Determinations by Jurisdictional Agencies Sec. 270.202 Definition of determination. For purposes of this subpart, a determination has been made by a jurisdictional agency when such determination is administratively final before such agency. ...


must make determinations to which this part applies in accordance with procedures applicable to it under the law of its jurisdiction for making such determinations or...


determination under this part, the jurisdictional agency must give written notice of the determination to the Commission. The notice must include the following: (a) A list of...


determination may be filed with the jurisdictional agency and signed by any person the jurisdictional agency designates as eligible to make filings with respect to the well...


person seeking a determination that natural gas is occluded natural gas produced from coal seams must file an application with the jurisdictional agency which contains the...


a determination that natural gas is produced from Devonian shale shall file an application with the jurisdictional agency which contains the following items: (a)...


natural gas is tight formation gas must file with the jurisdictional agency an application which contains the following items: (a) FERC Form No. 121; (b)...


requirement. A jurisdictional agency determination designating a portion of a formation as a tight formation must be made in the form and manner prescribed in this subpart. ...


a determination that natural gas is being produced from the Devonian Age Antrim shale in Michigan shall file an application that contains the following items: (a) FERC...


respect to a well the surface location of which is on lands within the boundaries of a State (including Federal lands and offshore State lands), ``jurisdictional agency'' means...


(a) Upon receipt of a notice of determination by a jurisdictional agency under Sec. 270.204, the Commission will send an acknowledgment to the applicant and will...


(a) Review by Commission. Except as provided in paragraphs (b), (c) and (d) of this section, a determination submitted to the Commission by a jurisdictional agency will become final...


person may file a protest with the Commission with respect to a determination of a jurisdictional agency within 20 days after the date that notice of receipt of a determination...


must include: (a) An identification of the determination protested; (b) The name and address of the person filing the protest; (c) A statement of whether or not...


At any time subsequent to the time a determination becomes final pursuant to this subpart, the Commission, on its own motion, or in response to a petition filed by any...


of this section, the Commission will accord confidential protection to, and not disclose to the public, any information submitted by a jurisdictional agency under...


U.S.C. 3301-3432; Outer Continental Shelf Lands Act Amendment of 1978, Pub. L. 95-372, 43 U.S.C. 1862. (a) NGPA definitions. Terms defined in the NGPA shall have the...


[Reserved] Subpart B_Permanent Curtailment Rule 281.201 Purpose. 281.202 Applicability. 281.203 Definitions and cross...


This subpart applies to the following interstate pipe lines: Alabama-Tennessee Pipeline Company. Algonquin Gas Transmission Company. Arkansas Louisiana Natural...


(a) Definitions. For purposes of this subpart: (1) Direct sale customer means an essential agricultural user of high priority use which purchases natural...


(a) General rule. Each interstate pipeline listed in Sec. 281.202 shall file tariff sheets, including an index of entitlements, which provides that if the...


of service categories--(1) Priority 1. Each interstate pipeline shall establish a new high-priority use category of service designated priority one (1) which shall include...


(a) Definitions. For purposes of this section ``high-priority entitlements'' means, with respect to a particular interstate pipeline. (1) In the case of a direct...


(a) Direct sale customer. (1) Subject to paragraph (a)(2) of this section, and Sec. 281.211 a direct sale customer may request each of its direct interstate...


requirements and attributable priority 2 entitlements. (a) Scope. This section sets forth the method by which: (1) An essential agricultural user...


(a) Applicability. (1) This section sets forth the rules for attributing total essential agricultural requirements by an essential agricultural user, indirect essential...


(a) Interstate pipelines. Notwithstanding any other provision of this subpart, if the records of an interstate pipeline contain information which directly conflicts with a request...


(a) Priority 1--(1) Direct sales customers and local distribution companies. (i) Each request of a direct sale customer and local distribution company customer...


entitlements. (a) Each interstate pipeline shall prepare draft tariff sheets and a draft index of entitlements in accordance with this...


(a) Each interstate pipeline shall establish a Data Verification Committee no later than August 1, 1979. It shall include, at a minimum, a representative of the...


(a) Complaint. Any interested person may file a complaint concerning an alleged violation of this subpart under Sec. 385.206 of this chapter. (b) Remedy. If...


If an interstate pipeline rejects (under Sec. 281.210 or otherwise) a request for reclassification under Sec. 281.206 or classification under Sec. 281.207 or if a local...


Gas Policy Act of 1978, 15 U.S.C. 3301-3432; Department of Energy Organization Act, 42 U.S.C. 7101-7352; E.O. 12009, 42 FR 46267. Source: 44 FR 62490, Oct....


This subpart applies to-- (a) Any essential agricultural use establishment for which an essential agricultural user: (1) Has requested that natural gas be classified as...


of this subpart-- (a) Ability to use a particular alternative fuel means that an essential agricultural use establishment had, on August 29, 1979, or thereafter...


volume. (a) General rule. For purposes of Sec. 281.208(b)(1)(i)(B), and Sec. 281.305: (1) Alternative fuel volume of an essential agricultural user is equal to...


Any essential agricultural user subject to this subpart that has requested from any direct supplier priority 2 classification for volumes for any essential agricultural...


284.1 Definitions. Subpart A_General Provisions and Conditions Sec. 284.1 Definitions. 284.2 Refunds and...


284.2 Refunds and interest. (a) Refunds. Any rate or charge collected for any sale, transportation, or assignment conducted pursuant to this part which exceeds...


284.3 Jurisdiction under the Natural Gas Act. (a) For purposes of section 1(b) of the Natural Gas Act, the provisions of such Act and the jurisdiction of...


284.4 Reporting. (a) Reports in MMBtu. All reports filed pursuant to this part must indicate quantities of natural gas in MMBtu's. An MMBtu means a million...


284.5 Further terms and conditions. The Commission may prospectively, by rule or order, impose such further terms and conditions as it deems appropriate on...


284.6 Rate interpretations. (a) Procedure. A pipeline may obtain an interpretation pursuant to subpart L of part 385 of this chapter concerning whether...


284.7 Firm transportation service. (a) Firm transportation availability. (1) An interstate pipeline that provides transportation service under subpart B or G...


284.8 Release of firm capacity on interstate pipelines. (a) An interstate pipeline that offers transportation service on a firm basis under subpart B or G of...


284.9 Interruptible transportation service. (a) Interruptible transportation availability. (1) An interstate pipeline that provides firm transportation service...


284.10 Rates. (a) Applicability. Any rate charged for transportation service under subparts B and G of this part must be established under a rate...


284.11 Environmental compliance. (a) Any activity involving the construction of, or the abandonment with removal of, facilities that is authorized pursuant to...


284.12 Standards for pipeline business operations and communications. (a) Incorporation by reference of NAESB standards. (1) An interstate pipeline that...


284.13 Reporting requirements for interstate pipelines. An interstate pipeline that provides transportation service under subparts B or G of this part must...


284.101 Applicability. This subpart implements section 311(a)(1) of the NGPA and applies to the transportation of natural gas by any interstate pipeline...


284.102 Transportation by interstate pipelines. (a) Subject to paragraphs (d) and (e) of this section, other provisions of this subpart, and the...


284.121 Applicability. This subpart implements section 311(a)(2) of the NGPA and applies to the transportation of natural gas by any intrastate pipeline...


284.122 Transportation by intrastate pipelines. (a) Subject to paragraphs (d) and (e) of this section, other provisions of this subpart, and the...


284.123 Rates and charges. (a) General rule. Rates and charges for transportation of natural gas authorized under Sec. 284.122(a) shall be fair...


284.124 Terms and conditions. Contracts for the transportation of natural gas authorized under this subpart shall provide that the transportation arrangement...


284.126 Reporting requirements. (a) Notice of bypass. An intrastate pipeline that provides transportation (except storage) under Sec. 284.122 to a...


284.141 Applicability. Source: 44 FR 12409, Mar. 7, 1979, unless otherwise noted. Redesignated at 44 FR 52184, Sept. 7, 1979. This...


284.142 Sales by intrastate pipelines. Any intrastate pipeline may, without prior Commission approval, sell natural gas to any interstate pipeline or any...


Interstate Pipelines on Behalf of Others and Services by Local Distribution Companies Sec. 284.221 General rule; transportation...


Interstate Pipelines on Behalf of Others and Services by Local Distribution Companies Sec. 284.223 Transportation by interstate...


Interstate Pipelines on Behalf of Others and Services by Local Distribution Companies Sec. 284.224 Certain transportation and...


Interstate Pipelines on Behalf of Others and Services by Local Distribution Companies Sec. 284.227 Certain transportation...


Transactions Sec. 284.261 Purpose. Source: Order 449, 51 FR 9187, Mar. 18, 1986, unless otherwise noted. ...


Exchange Transactions Sec. 284.262 Definitions. For purposes of this subpart: Emergency means: (1) Any situation...


Transactions Sec. 284.263 Exemption from section 7 of Natural Gas Act and certain regulatory conditions. Any participant...


Transactions Sec. 284.264 Terms and conditions. (a) General conditions. (1) A participant must make every reasonable...


Transactions Sec. 284.265 Cost recovery by interstate pipeline. (a) Except as provided in paragraph (b), an interstate...


Transactions Sec. 284.266 Rates and charges for interstate pipelines. (a) Transportation rates--(1) Rate on file. If an...


Transactions Sec. 284.267 Intrastate pipeline emergency transportation rates. General rule. Rates and charges for...


Transactions Sec. 284.268 Local distribution company emergency transportation rates. (a) Rate on file. A local...


Transactions Sec. 284.269 Intrastate pipeline and local distribution company emergency sales rates. An intrastate pipeline...


Exchange Transactions Sec. 284.270 Reporting requirements. (a) Forty-eight hour report for sales transactions. Within 48...


Transactions Sec. 284.271 Waiver. The Commission may, by order, waive the requirements of this subpart in connection with...


by Interstate Pipelines Sec. 284.281 Applicability. Source: Order 636, 57 FR 13318, Apr. 16, 1992, unless...


by Interstate Pipelines Sec. 284.282 Definitions. (a) Bundled sales service is gas sales service that is not sold separately...


by Interstate Pipelines Sec. 284.283 Point of unbundling. A sales service is unbundled when gas is sold at a point before...


by Interstate Pipelines Sec. 284.284 Blanket certificates for unbundled sales services. (a) Authorization. An interstate pipeline...


by Interstate Pipelines Sec. 284.285 Pregrant of abandonment of unbundled sales services. Abandonment of unbundled sales services...


Sales by Interstate Pipelines Sec. 284.286 Standards of conduct for unbundled sales service. (a) To the maximum extent practicable,...


by Interstate Pipelines Sec. 284.287 Implementation and effective date. (a) Prior to offering any sales service under this subpart J,...


Sales by Interstate Pipelines Sec. 284.288 Code of conduct for unbundled sales service. (a) A pipeline that provides unbundled...


by Interstate Natural Gas Pipelines on Behalf of Others Sec. 284.301 Applicability. Source: Order 509, 53 FR 50938, Dec. 19, 1988, unless...


by Interstate Natural Gas Pipelines on Behalf of Others Sec. 284.302 Definitions. For the purposes of this subpart, the term: (a)...


by Interstate Natural Gas Pipelines on Behalf of Others Sec. 284.303 OCS blanket certificates. Every OCS pipeline [as that term is defined in...


284.401 Definitions. Affiliated marketer. For purposes of this subpart, an ``affiliated marketer'' is a person engaged in the ``marketing'' of...


Sec. 284.402 Blanket marketing certificates. (a) Authorization. Any person who is not an interstate pipeline is granted a blanket certificate of...


Sec. 284.403 Code of conduct for persons holding blanket marketing certificates. (a) Any person making natural gas sales for resale in...


Procedure Act, 5 U.S.C. 551 et seq., Natural Gas Policy Act of 1978, Pub. L. 95-621, 92 Stat. 3350, Department of Energy Organization Act, Pub. L. 95-91,...


under the NGPA and subject to judicial review under section 506(a) or (b) thereof shall file a petition for rehearing within 30 days after the order or regulation...


Energy Organization Act, 42 U.S.C. 7107 et seq.; Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 95-620. For the purpose of section 103 of the Powerplant...


290.101 Applicability and exemptions. Subpart A_Coverage, Compliance and Definitions Sec. 290.101 Applicability...


290.102 Information gathering and filing. All nonexempt electric utilities must file the data required by section 133(a) of the Public Utility Regulatory...


290.103 Time of filing and reporting period. All nonexempt electric utilities must file with any state regulatory authority having ratemaking authority for...


TO SMALL POWER PRODUCTION AND COGENERATION--Table of Contents Subpart A_General...


Regulatory Policies Act of 1978, (16 U.S.C. 2601, et seq.), [[Page 765]] Energy Supply and Environmental Coordination Act, (15 U.S.C. 791 et seq.),...


this subpart: (a) Biomass means any organic material not derived from fossil fuels; (b) Waste means an energy input that is listed below in this subsection, or...


(a) Small power production facilities. Except as provided in paragraph (c) of this section, a small power production facility is a qualifying facility if it: ...


facilities. (a) Size of the facility--(1) Maximum size. There is no size limitation for an eligible solar, wind, waste or facility, as defined by section...


(a) Operating and efficiency standards for topping-cycle facilities--(1) Operating standard. For any topping-cycle cogeneration facility, the useful thermal...


rule. A cogeneration facility or small power production facility may not be owned by a person primarily engaged in the generation or sale of electric power (other than...


(a) Self-certification and pre-authorized Commission recertification--(1) Self-certification. (i) A small power production facility or cogeneration facility...


power production facilities located at a new dam or diversion. (a) A hydroelectric small power production facility that impounds or diverts the water of a...


power production facilities located at a new dam or diversion. (a) The requirements in Sec. Sec. 292.208(b)(1) through (3) do not apply if: (1)...


resources before October 16, 1986. (a) An applicant covered by Sec. 292.203(c) whose application for license or exemption was filed on or after October...


whether a project has a substantial adverse effect on the environment (AEE petition). (a) An applicant that has filed a petition under Sec. 292.210 may also file an...


of the Public Utility Regulatory Policies Act of 1978 Sec. 292.301 Scope. Authority: Public Utility Regulatory Policies Act of 1978, 16...


210 of the Public Utility Regulatory Policies Act of 1978 Sec. 292.302 Availability of electric utility system cost data. (a) Applicability. (1)...


210 of the Public Utility Regulatory Policies Act of 1978 Sec. 292.303 Electric utility obligations under this subpart. (a) Obligation to purchase...


210 of the Public Utility Regulatory Policies Act of 1978 Sec. 292.304 Rates for purchases. (a) Rates for purchases. (1) Rates for...


of the Public Utility Regulatory Policies Act of 1978 Sec. 292.305 Rates for sales. (a) General rules. (1) Rates for sales: (i) Shall be...


of the Public Utility Regulatory Policies Act of 1978 Sec. 292.306 Interconnection costs. (a) Obligation to pay. Each qualifying facility shall...


of the Public Utility Regulatory Policies Act of 1978 Sec. 292.307 System emergencies. (a) Qualifying facility obligation to provide power...


210 of the Public Utility Regulatory Policies Act of 1978 Sec. 292.308 Standards for operating reliability. Any State regulatory authority...


Authority: Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 2601 et seq., Energy Supply and Environmental Coordination Act, 15 U.S.C. 791 et seq., Federal Power Act, 16 U.S.C....


utility waivers. Any State regulatory authority (with respect to any electric utility over which it has ratemaking authority) or nonregulated electric utility...


and Regulations Sec. 292.601 Exemption to qualifying facilities from the Federal Power Act. (a) Applicability. This...


and Regulations Sec. 292.602 Exemption to qualifying facilities from the Public Utility Holding Company Act and certain State law...


capacity. Authority: 5 U.S.C. 553; 16 U.S.C. 791a-825r; 42 U.S.C. 7107-7352. (a) Definition of shortages of electric energy and capacity....


Subpart A_General Provisions Sec. 300.1 Applicability and definitions. 300.2 Informal conference. ...


The Administrator or a designee may confer with Commission staff prior to submitting an application under subpart B, with respect to the appropriate form and content of...


and approval. (a) General provisions--(1) Contents of filing. Any application under this subpart for confirmation and approval of rate schedules...


the rate schedule. (a) Filing requirement. The Administrator must submit, in conjunction with any application under Sec. 300.10, the technical support data...


(a) An analysis of the data provided under Sec. 300.11 must be supported by an appropriate methodology developed by the Administrator. (b) Revenue...


The Administrator must request waiver of any requirement of this subpart if an application that does not fully comply with that requirement is not to...


Any application for Commission review and approval of a rate or rate schedules established by the Administrator of the Bonneville Power Administration pursuant...


and review of Bonneville Power Administration rates. (a) Opportunity to comment. The Commission will publish in the Federal Register notice of any...


and approval. (a) Opportunity to comment and intervene. (1) The Commission will publish notice in the Federal Register giving interested persons...


and approval. (a) Opportunity to comment and intervene. (1) The Commission will publish notice in the Federal Register giving interested persons...
...


Authority: Department of Energy Organization Act, 42 U.S.C. 7101- 7352; E.O. 12009, 43 CFR 142; Interstate Commerce Act, 49 U.S.C. 1, et seq.; Natural Gas Act, 15...


application. 341.1 Means of filing. 341.2 Filing requirements. 341.3 Form of tariff. 341.4 Filing requirements for amendments to tariffs. 341.5 Cancellation...


must be made with the Secretary of the Commission. Filings made by mail must be addressed to the Federal Energy Regulatory Commission, with the envelope clearly...


file three copies of each tariff publication and a letter of transmittal. (2) Carriers must provide a copy of the tariff publication and any tariff justification to...


publications must be in book, pamphlet, or loose-leaf form, 8\1/2\ by 11 inches in size, and plainly printed and legible. Erasures or alterations in writing will not...


to tariffs. (1) Supplements are limited to one effective supplement per tariff, except for cancellation, postponement, adoption, correction, and suspension supplements. ...


the tariffs are reissued. When a tariff is canceled in whole or in part by a supplement, the supplement must show where the rates will be found thereafter or what...


property. The carrier must notify the Commission when there is: (1) A change in the legal name of the carrier; (2) A transfer of all of the carrier's...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR341.7] [Page 804] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 341_OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO SECTION 6 OF THE INTERSTATE COMMERCE ACT--Table of Contents Sec. 341.7 Concurrences. Concurrences must be maintained at carriers' offices and produced upon request. Cancellations or changes to concurrences affecting FERC tariffs must be shown in those tariffs. ...


tariffs rules governing such matters as prorationing of capacity, demurrage, odorization, carrier liability, quality bank, reconsignment, in-transit transfers, storage, loading...


as a separate tariff publication under its FERC Tariff numbering system, a complete index of all effective tariffs to which it is a party, either as initial,...


A carrier may provide in its tariff that existing rates between points named in the tariff will be applied to transportation movements from intermediate origin points...


(a) Basis for rejection. The Commission may reject tariff publications or any other material submitted for filing that fail to comply with the requirements set forth in this...


publications or related material for suggestions of Staff prior to the filing of the tariff publications with the...


publications. A proposed tariff publication which is not yet effective may be withdrawn at any time by notice to the Commission, made by a letter addressed to the Secretary...


of the notice and tariff requirements of section 6(3) of the interstate Commerce Act must be filed by the carrier concurrently with the tariff publication being proposed....


(a) Requests for relief from section 4. Carriers may file requests for relief from the provisions of section 4 of the Interstate Commerce Act in order to charge a greater...


Indexing. 342.4 Other rate changing methodologies. Authority: 5 U.S.C. 571-83; 42 U.S.C. 7101-7532; 49 U.S.C. 60502; 49 App. U.S.C. 1-85. ...


(a) Must establish its initial rates subject to such Act pursuant to Sec. 342.2; and (b) Must make any change in existing rates pursuant to Sec. 342.3 or Sec....


and throughput data supporting such rate as required by part 346 of this chapter; or (b) Filing a sworn affidavit that the rate is agreed to by at least...


not exceed the ceiling level established by paragraph (d) of this section, upon compliance with the applicable filing and notice requirements and with paragraph (b) of this...


if it shows that there is a substantial divergence between the actual costs experienced by the carrier and the rate resulting from application of the index such that...


filing interventions, protests and complaints. 343.3 Filing of protests and responses. 343.4 Procedure on complaints. 343.5 Required negotiations. Authority:...


a filing challenging an existing rate or practice under section 13(1) of the Interstate Commerce Act. (b) Protest means a filing, under section 15(7) of the...


this chapter applies to oil pipeline proceedings. (b) Standing to file protest. Only persons with a substantial economic interest in the tariff filing may file a protest...


Act must be filed not later than 15 days after the filing of a tariff publication. If the carrier submits a separate letter with the filing, providing a...


section 13(1) of the Interstate Commerce Act within 20 days after the filing of the complaint in accordance with Rule 206. (b) Commission action. Commission...


good faith negotiations to settle oil pipeline rate matters. The Commission will refer all protested rate filings to a settlement judge pursuant to Sec. 385.603 of this...


Authority: 42 U.S. 7101-7352; 49 U.S.C. 1-27. The provisions of this part will apply to quotations or tenders made by all pipeline common carriers...


be submitted to the Commission concurrently with the submittal of the quotation or tender to the Federal department or agency for whose account the quotation or tender...


Material in support of initial rates or change in rates. 346.3 Asset retirement obligations. Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App....


or Sec. 342.4(a) of this chapter, or a carrier described in Sec. 342.0(b) that files to establish or change rates by filing cost, revenue, and throughput data...


rates under Sec. 346.2 and has recorded asset retirement obligations on its books must provide a schedule, as part of the supporting workpapers, identifying all cost components...


Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1- 85. (a) Means of filing. Filing of a request for new or changed property account depreciation...


for a market power determination. 348.2 Procedures. Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1- 85. (a) If, under...


fourteen copies of its application, including its statement of position, statements, and related material, and a letter of transmittal and must submit its application on...


et seq.) E.O. 12009, 42 FR 46267, Interstate Commerce Act, as amended, (49 U.S.C. 1 et seq). Carriers desiring to do so may prepare and publish...


records for oil pipeline companies. Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 1-27; E.O. 12009, 3 CFR 1978 Comp. p. 142. Source: Order 617, 65 FR 48166, Aug....


account and other records prepared by or on behalf of the oil pipeline companies. (2) The regulations in this part must not be construed as excusing compliance with...


Corporate and General 1. Incorporation and reorganization. 2. Minutes to Directors, Executive Committees, and Stockholders 3. Titles, franchises,...


Form No. 6, Annual Report of Oil Pipeline Companies. 357.3 FERC Form No. 73, Oil Pipeline Data for Depreciation Analysis. 357.4 FERC Form No. 6-Q, Quarterly report of...


(a) Who must file. (1) Each pipeline carrier subject to the provisions of section 20 of the Interstate Commerce Act whose annual jurisdictional operating revenues has been $500,000...


(a) Who must file. Any oil pipeline company requesting new or changed depreciation rates pursuant to part 347 of this title if the proposed depreciation rates are based on...


(a) Prescription. The quarterly financial report form of oil pipeline companies, designated as FERC Form No. 6-Q, is prescribed for the reporting quarter ending March 31,...


the provisions of the Commission's Uniform System of Accounts prescribed in part 352 and Sec. 357.2 of this title that participate in cash management programs must file...


requirements. Authority: 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791-825r, 2601- 2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352. ...


the Transmission Provider's marketing and sales employees, and from any employees of its Energy Affiliates. (b) A Transmission Provider must treat all transmission...


the transmission of electric energy in interstate commerce; or (2) Any interstate natural gas pipeline that transports gas for others pursuant to subpart A of part 157 or subparts...


function employees of the Transmission Provider must function independently of the Transmission Provider's Marketing or Energy Affiliates' employees. ...


engaged in marketing or sales or any employee of any Energy Affiliate may only have access to that information available to the Transmission Provider's...


Contents of application and procedure for filing. 365.4 Effect of filing. 365.5 Amendment of applications. 365.6 Commission action. 365.7 Notification...


have the same meaning as defined in the Public Utility Holding Company Act of 1935, as amended by the Energy Policy Act of 1992, except as provided in paragraph (b) of...


(a) A person seeking status as an exempt wholesale generator (applicant) must file with the Commission, and serve on the Securities and Exchange Commission and any affected...


a Commission determination of exempt wholesale generator status will be deemed to be an exempt wholesale generator from the date of receipt of the application until the date...


of applications for good cause shown without payment of additional filing fees. If the amendment is accepted, notice of the amended application will be published in...


order granting or denying an application within 60 days of receipt of the application, the application will be deemed to have been granted. [Order 550, 58 FR 8906, Feb....


The Secretary of the Commission will notify the Securities and Exchange [[Page 871]] Commission whenever a person is determined to be...


If there is any material change in facts that may effect an EWG's eligibility for EWG status under section 32 of the Public Utility Holding Company Act of 1935, the EWG...


Commission. 375.102 Custody and authentication of Commission records. 375.103 Official seal. 375.104 Transfer of proceedings from other agencies to...


The Secretary shall have custody of the Commission's seal, the minutes of all action taken by the Commission, the transcripts, electronic recordings, or minutes of...


of which shall be taken pursuant to section 401(e) of the DOE Act, the imprint illustrated below and described as follows: A circle, the outside border of...


pending proceedings. Pursuant to the authorization provided in section 705(b)(2), and the provisions of section 705(b)(1) of the DOE Act, all proceedings and applications pending...


in Sec. 375.104 shall be made with the Secretary. (b) Filings in connection with functions transferred to the Commission. All persons required to file periodic or...


conduct of its official business in accordance with the provisions of 5 U.S.C. 552b. The Commission may waive the provisions set forth in this subpart to the extent...


subpart: (1) Meeting means the deliberations of at least a quorum of the Commission where such deliberations determine or result in the joint conduct of official...


the Commission will be open meetings. (b) Public participation in open meetings. (1) Members of the public are invited to listen and observe at open meetings. ...


to the extent that information described in Sec. 375.205(a) (involving closed meetings) is exempt from disclosure, the Secretary shall announce at least one week...


Commission properly determines, according to the procedures set forth in Sec. 375.206, that such meeting or portion of the meeting or disclosure of information to be...


a meeting may be closed only when the Commission votes by a majority of the membership to close the meeting. A separate vote shall be taken with respect to each Commission...


authorities that the Commission has delegated to staff officials. Any action by a staff official under the authority of this subpart may be appealed to the Commission...


Secretary's designee to: (a) Sign official general correspondence on behalf of the Commission, except as otherwise provided in this section. (b) Except as provided...


the Chief Accountant's designee to: (a) Issue interpretations of the Uniform System of Accounts for public utilities, licensees, natural gas companies and oil...


Chief Administrative Law Judge and the Administrative Law Judge designated by the Chief Administrative Law Judge to exercise the power granted to a Presiding Officer by part...


designee to: (a) File with the appropriate court of the United States a certified list of the materials comprising the record of any proceeding which involves...


The Commission authorizes the Director or the Director's designee to: (a) Sign all correspondence on behalf of the Commission with state regulatory commissions and agencies...


the Director or the Director's designee to: (a) Take appropriate action on uncontested applications and on applications for which the only motion or notice...


the General Counsel's designee to: (a) Designate officers empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance and testimony,...


emergency conditions, see subpart B of part 376 of this chapter. [45 FR 21217, Apr. 1, 1980. Redesignated by Order 613, 64 FR 73407, Dec....


Director, Office of External Affairs to waive or reduce fees in accordance with Sec. Sec. 388.108 through 388.110 of this chapter. [Order 562, 58 FR 62521, Nov. 29,...


Executive Director or the Executive Director's designee to: [[Page 891]] (a) Sign all correspondence with respect to financial accounting and...


The Commission authorizes the Coordinator or the Coordinator's designee to: (a) Receive and review all requests for critical energy infrastructure information as defined in...


The Commission authorizes the Director or the Director's designee to: (a) Request information for purposes of a preliminary investigation under Part 1b of this chapter,...


Subpart A_Organization, Mission, and Functions Sec. 376.101 Purpose. 376.102 Organization. 376.103 Mission. 376.104...


The Commission is established as an independent regulatory Commission within the DOE by the DOE Act. The Commission is composed of five members appointed by the President,...


The Commission is responsible for developing, managing, and directing energy regulatory programs and activities assigned to it by statute, executive orders, or by the...


The functions of the Commission include: (a) All functions vested in the Commission under the DOE Act; (b) All functions delegated to the Commission by the Secretary...


(a) Administrative head of agency. The Chairman is the administrative head of the Commission. (b) Administrative responsibilities. The Chairman is responsible...


defined. For purposes of this subpart, emergency conditions: (a) Shall commence: (1) At the time of an armed attack upon the United States, or...


move Commission offices. The Commission may provide for removal of its headquarters to any location in the United States for the duration of emergency...


of Commission during emergency conditions. The Chairman may direct that during the continuance of emergency conditions, communications, filings, reports, or...


Commission's authority during emergency conditions. (a) Delegation of authority to one or two Commissioners. During emergency conditions, the Commission...


Chairman's authority during emergency conditions. When, by reason of emergency conditions, the Chairman is not available and capable of acting, his functions...


functions of certain Commission staff members. When, by reason of emergency conditions, the Secretary; Director of the Office of Finance, Accounting and Operations;...


fiscal functions. Subject to modifications or revocation by authority of the Director of the Office of Finance, Accounting and Operations, during the continuation...


existing Commission requirements. All outstanding Commission orders, rules and regulations shall remain in force and effect during the continuance of...


information to be supplied by an applicant. 380.4 Projects or actions categorically excluded. 380.5 Actions that require an environmental assessment. 380.6...


a category of actions described in Sec. 380.4, which do not individually or cumulatively have a significant effect on the human environment and which the Commission has...


as follows: (1) For any proposed action identified in Sec. Sec. 380.5 and 380.6, and environmental report with the proposal as prescribed in paragraph (c) of...


of this section, neither an environmental assessment nor an environmental impact statement will be prepared for the following projects or actions: (1)...


be prepared first for the actions identified in this section. Depending on the outcome of the environmental assessment, the Commission may or may not prepare...


of this section, an environmental impact statement will normally be prepared first for the following projects: (1) Authorization under sections 3 or 7 of the Natural...


impact statement prescribed in 40 CFR 1502.10 of the regulations of the Council, an environmental impact statement prepared by the Commission will include a section...


in Sec. 1508.10 of the regulations of the Council, on hydroelectric projects, is the responsibility of the Commission's Office of Hydropower Licensing, 888 First Street...


(a)(1) The Commission will comply with the requirements of 40 CFR 1506.6 of the regulations of the Council for public involvement in NEPA. (2) If an action has effects...


or parties--(1) Motion to intervene. (i) In addition to submitting comments on the NEPA process and NEPA related documents, any person may file a motion to intervene in...


or environmental impact statement, environmental considerations will be addressed at appropriate major decision points. (1) In proceedings involving a...


or environmental impact statement, environmental considerations will be addressed at appropriate major decision points. (1) In proceedings involving a...
...


(1) Listed species and critical habitat have the same meaning as provided in 50 CFR 402.02. (2) Project area means any area subject to construction activities...


Preservation Act, as amended (16 U.S.C. 470(f)) (NHPA), requires the Commission take into account the effect of a proposed project on any historic property and to...


construction, and maintenance of facilities shall be undertaken in a way that avoids or minimizes effects on scenic, historic, wildlife, and recreational values. ...


Definitions. 381.103 Filings. 381.104 Annual adjustment of fees. 381.105 Method of payment. 381.106 Waivers. 381.107 Direct...


means any person, group, association, organization, partnership, corporation, or business, except those authorized to engage in the transaction of official business for the...


a fee in the amount set forth in this part shall accompany each filing for which a fee has been established. (b) Deficiencies. (1) Any filing that is not accompanied...


Executive Director, will update its fees each fiscal year according to the formula in paragraph (c) of this section. The Executive Director will publish the fees in the...


the United States. The check should state the nature of the filing and the docket number where applicable so that the fee category for which the check is being submitted...


at the time of filing an application which makes the applicant economically unable to pay the appropriate fee for the application, rate change, tariff, petition, request...


difficulty, or technical complexity that requires an extraordinary amount of expense to process, the Commission may institute a direct billing procedure for the direct...


the official business of the Federal Government are exempt from the fees required by this part and may file a petition for exemption in lieu of the applicable fee. ...


withdrawn within fifteen (15) days of the date of filing or, if applicable, before the filing is noticed in the Federal Register or, if the fee is inappropriately paid for a...


be charged, as appropriate, for any substantial amendment to a pending filing. An amendment is considered substantial if it changes the character, nature, or the magnitude of...


this section, ``pipeline certificate application'' means any application for authorization or exemption, any substantial amendment to such an application, and any...


(a) Except as provided in paragraph (b) of this section, the fee established for filing a petition for issuance of a declaratory order under Sec. 385.207 of...


Sec. 381.303(b), the fee established for an answer to a Department of Energy remedial order under subpart I of the Commission's Rules of Practice and Procedure, 18 CFR part...


Sec. 381.304(b), the fee established for filing a petition for review of a Department of Energy denial of an adjustment request under subpart J of the Commission's Rules of...


paragraph (b) of this section, the fee established for a written interpretation by the Office of the General Counsel of any statute or implementing regulation under the...


review of a jurisdictional agency determination is $115. The fee must be submitted in accordance with subpart A of this part and Sec. 270.301(c) of this...


established for a petition for rate approval pursuant to Sec. 284.123(b)(2) is $9,480. Such fee must be submitted in [[Page 924]] accordance with subpart A of this...


The fees set forth in this subpart apply to filings submitted on or after November 4, 1985. [Order 435, 50 FR 40358, Oct....


qualifying status as a small power production facility or cogeneration facility. (a) Unless the Commission orders direct billing under Sec. 381.107 of...


status. The fee established for applications for exempt wholesale generator status under section 32 of the Public Utility Holding Company Act of 1935...


Definitions. 382.103 Payment. 382.104 Enforcement. 382.105 Waiver. 382.106 Accounting for annual charges paid under part 382. ...


means any person: (1) Engaged in natural gas sales for resale or natural gas transportation subject to the jurisdiction of the Commission under the Natural Gas...


of the issuance of the bill by the Commission, unless a petition for waiver has been filed under Sec. 382.105 of this part. (b) Payment must be made by check, draft, or...


other filing submitted by or on the behalf of any person that does not pay the annual charge assessed when due, or may take any other appropriate action permitted...


petition for waiver of the regulations in this part. An original and two copies of a petition for waiver must include evidence, such as a financial statement, clearly...


company subject to the provisions of this part must account for annual charges paid by charging the account to Account No. 928, Regulatory Commission Expenses, of the...


(a) Determination of costs to be assessed to public utilities. The adjusted costs of administration of the electric regulatory program, excluding the costs of...


The adjusted costs of administration of the natural gas regulatory program will be assessed against each natural gas pipeline company based on the...


the oil regulatory program will be assessed against each oil pipeline company based on the proportion of the total operation revenues of each oil pipeline company...


Subpart A_Applicability and Definitions Sec. 385.101 Applicability (Rule 101). 385.102 Definitions (Rule 102). 385.103 References to rules (Rule 103). 385.104 Rule...


(a) Decisional authority means the Commission or Commission employee that, at the time for decision on a question, has authority or responsibility under this chapter to...


sections according to rule number, as indicated by the section titles. Any filing with the Commission may refer to any section of this part by rule number; for example,...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR385.104] [Page 932] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 385_RULES OF PRACTICE AND PROCEDURE--Table of Contents Subpart A_Applicability and Definitions Sec. 385.104 Rule of construction (Rule 104). To the extent that the text of a rule is inconsistent with its caption, the text of the rule controls. [Order 376, 49 FR 21705, May 23, 1984] ...


385.201 Applicability (Rule 201). This subpart applies to any pleading, tariff or rate filing, notice of tariff or rate examination, order to show...


385.202 Types of pleadings (Rule 202). Pleadings include any application, complaint, petition, protest, notice of protest, answer, motion, and any amendment...


385.203 Content of pleadings and tariff or rate filings (Rule 203). (a) Requirements for a pleading or a tariff or rate filing. Each pleading and each...


385.204 Applications (Rule 204). Any person seeking a license, permit, certification, or similar authorization or permission, must file an application to...


385.205 Tariff or rate filings (Rule 205). A person must make a tariff or rate filing in order to establish or change any specific rate, rate schedule,...


385.206 Complaints (Rule 206). (a) General rule. Any person may file a complaint seeking Commission action against any other person alleged to be...


385.207 Petitions (Rule 207). (a) General rule. A person must file a petition when seeking: (1) Relief under subpart I, J, or K of this part; (2)...


385.209 Notices of tariff or rate examination and orders to show cause (Rule 209). (a) Issuance. (1) If the Commission seeks to determine the...


385.210 Method of notice; dates established in notice (Rule 210). (a) Method. When the Secretary gives notice of tariff or rate filings, applications,...


385.211 Protests other than under Rule 208 (Rule 211). (a) General rule. (1) Any person may file a protest to object to any application, complaint,...


385.212 Motions (Rule 212). (a) General rule. A motion may be filed: (1) At any time, unless otherwise provided; (2) By a participant or a person...


385.213 Answers (Rule 213). (a) Required or permitted. (1) Any respondent to a complaint or order to show cause must make an answer, unless the...


385.214 Intervention (Rule 214). (a) Filing. (1) The Secretary of Energy is a party to any proceeding upon filing a notice of intervention in...


385.215 Amendment of pleadings and tariff or rate filings (Rule 215). (a) General rules. (1) Any participant, or any person who has filed a timely motion...


385.216 Withdrawal of pleadings (Rule 216). (a) Filing. Any participant, or any person who has filed a timely motion to intervene which has not been denied,...


385.217 Summary disposition (Rule 217). (a) Applicability. This section applies to: (1) Any proceeding, or any part of a proceeding, while...


385.218 Simplified procedure for complaints involving small controversies (Rule 218). (a) Eligibility. The procedures under this section are available...


401). Source: 52 FR 6966, Mar. 6, 1987, unless otherwise noted. (a) General rule. Except as provided in paragraph (b) of this section, this...


discovery (Rule 402). (a) General. Unless otherwise provided under paragraphs (b) and (c) of this section or ordered by the presiding officer under Rule 410(c),...


discovery; general provisions (Rule 403). (a) Discovery methods. Participants may obtain discovery by data requests, written interrogatories, and requests for production...


proceedings (Rule 404). (a) In general. (1) A participant may obtain the attendance for a deposition by oral examination of any other participant, an employee...


depositions (Rule 405). (a) In general. During a hearing, the hearing of a motion, or an interlocutory proceeding under Rule 715, any part or all of a deposition...


interrogatories, and requests for production of documents or things (Rule 406). (a) Availability. Any participant may serve upon any other participant a...


documents and other property (Rule 407). (a) Availability. On request, the presiding officer may order any other participant to: (1) Permit inspection and copying...


408). (a) General rule. A participant may serve upon any other participant a written request for admission of the genuineness of any document or the truth of...


409). (a) Issuance. On request, the presiding officer may issue a subpoena for the attendance of a witness at a deposition or hearing or for the production...


discovery, motions to quash or to compel, and protective orders (Rule 410). (a) Objection to discovery--(1) Notice of objections or motion to quash. A...


411). (a) Disobedience of order compelling discovery. If a participant or any other person fails to obey an order compelling discovery, the presiding officer...


part of a proceeding, that the Commission or the Secretary under delegated authority sets for a hearing to be conducted in accordance with this subpart. [Order 492,...


A hearing under this subpart will be initiated by: (1) Order of the Commission; or (2) Notice by the Secretary at the direction of the Commission or...


Law Judge (Rule 503). (a) The Chief Administrative Law Judge may, on motion or otherwise, order proceedings pending under this subpart consolidated for...


It shall be the duty of the presiding officer to conduct a fair and impartial hearing and to determine the matter justly under the law. (2) The presiding officer will...


the provisions of this part, a participant has the right to present such evidence, including rebuttal evidence, to make such objections and arguments, and to conduct...


direct and rebuttal testimony. Unless the presiding officer orders such testimony to be presented orally, direct and rebuttal testimony of a witness in a hearing must be...


prepared written testimony of any witness must be offered as an exhibit. The presiding officer will allow a reasonable period of time for the preparation of such...


paragraphs (b) through (e) of this section, any material offered in evidence, other than oral testimony, must be offered in the form of an exhibit. (2) Any participant...


officer should exclude from evidence any irrelevant, immaterial, or unduly repetitious material. The presiding officer may also exclude from evidence any other...


made at a hearing session will be transcribed in a verbatim report, with nothing omitted except as directed by the presiding officer on the record. A statement at a...


or other decisional authority, upon motion or otherwise, may convene a conference of the participants in a proceeding at any time for any purpose related to the conduct...


(a) Applicability. This section applies to written offers of settlement filed in any proceeding pending before the Commission or set for hearing under subpart E. For purposes of...


(a) Applicability. This section applies to any proceeding set for hearing under subpart E of this part and to any other proceeding in which the Commission has...


(a) Applicability. (1) Participants may, subject to the limitations of paragraph (a)(2) of this section, use alternative means of dispute resolution to resolve all or part of...


arbitration. (1) The participants may at any time submit a written proposal to use binding arbitration under the provisions of Rule 605 to resolve all or part of any matter...


(a) Except as provided in paragraphs (d) and (e) of this section, a neutral in a dispute resolution proceeding shall not voluntarily disclose, or through discovery...


proceedings set for hearing under subpart E of this part, including any decision on a certified question, interlocutory appeal, or reopening, and to any decision on...


Initial decision means any decision rendered by a presiding officer in accordance with Rule 708; (b) Final decision means any decision referred to in Rule 713. [Order...


part of the record of that proceeding and will contain: (a) A ruling on each exception presented and any finding or conclusion, with supporting reasons, on any material issue...


is taken in a proceeding, or phase of a proceeding, the presiding officer will afford every participant an opportunity to: (a) Submit written initial briefs in...


(a) Limitations on briefs. A presiding officer, with due regard to the nature of the proceeding, may limit the length of any brief to be filed under Rule 706. ...


filed. The presiding officer will prescribe a time for filing initial or reply briefs and for service of such briefs, giving due regard to the nature of the proceeding, the...


presiding officer will designate the order of any oral argument to be held, set a time limit on each argument, and make any other procedural rulings. (b) Scope. (1)...


section applies to any proceeding in which a presiding officer, other than the Commission, presided over the reception of the evidence. (b) General rule. (1) Except...


Rule 708, the Commission may order any type of decision as provided by 5 U.S.C. 557(b), or permit waiver of the initial decision as provided by...


participant may file a motion requesting the Commission to issue a final decision without any initial decision. If all participants join in the motion, the motion is granted,...


711). (a) Exceptions. (1)(i) Any participant may file with the Commission exceptions to the initial decision in a brief on exceptions not later than 30 days...


(a) General rule. If no briefs on exceptions to an initial decision are filed within the time established by rule or order under Rule 711, the Commission may,...


applies to any request for rehearing of a final Commission decision or other final order, if rehearing is provided for by statute, rule, or order. (2) For the...


presiding officer may certify or, if the Commission so directs, will certify, to the Commission for consideration and disposition any question arising in the...


(Rule 715). (a) General rule. A participant may not appeal to the Commission any ruling of a presiding officer during a proceeding, unless the presiding officer...


law, the presiding officer or the Commission may, for good cause under paragraph (c) of this section, reopen the evidentiary record in a proceeding for the purpose of...


Commission is authorized to act after opportunity for hearing, if the parties waive hearing, such opportunity will be deemed to have been afforded by service or publication in...


any proceeding required by statute to be set for hearing, the Commission, when it appears to be in the public interest and to be in the interest of the parties to grant the...


The provisions of this subpart apply to proceedings of the Commission held in accordance with section 503(c) of the Department of Energy Organization Act (42 U.S.C....


(a) Contested order means the remedial order, interim remedial order for immediate compliance or order of disallowance being contested in proceeding pursuant to...


(a) For purposes of this section, nondisclosure means nondisclosure except as to the participants in the proceeding under conditions provided in paragraphs (d) and (e) of...


provided in paragraph (b) of this section, the proceeding pursuant to this subpart will be commenced by filing with the Secretary of the Commission either an answer by a...


of a proceeding, the contested order will be automatically stayed pending review pursuant to this subpart unless and until, upon request of the Secretary or other...


20 days after the commencement of a proceeding, the Secretary: (i) Will file with the Secretary for the presiding officer a copy of the contested order; and ...


petitioner. In the answer, as provided in Rule 906(b)(2)(ii) (new facts and issues) the petitioner may request permission of the presiding officer to raise new facts or issues...


Rule 906(b)(2) (pleadings), the petitioner may request permission of the presiding officer to conduct discovery, where such discovery: (1) Relates to new facts or...


20 days after the commencement of the proceeding under Rule 904 (Commencement of proceeding), a request for a hearing or a motion for the opportunity for...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR385.910] [Page 973] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 385_RULES OF PRACTICE AND PROCEDURE--Table of Contents Subpart I_Commission Review of Remedial Orders Sec. 385.910 Conduct of the hearing (Rule 910). The presiding officer is responsible for conduct of the hearing, including the order of procedure. ...


burden of going forward and must sustain the burden of proof with respect to disputed elements of affirmative case of the Secretary. (b) The Commission order will be based on...


912). (a) Within 10 days after the conclusion of the hearing, or, if no hearing is held, within 20 days after the filing of the petitioner's brief under Rule...


the hearing and after the filings under Rule 912 (a) and (b), (proposed findings of fact, conclusions of law, and comments) the presiding officer will issue a decision and...


consideration of the entire record, issue a final order affirming, modifying, or vacating the contested order or directing other appropriate relief. The Commission will serve...


Rule 2201 (prohibited communications and other communications requiring disclosure) apply to proceedings pursuant to this subpart, commencing at the time the Secretary issues...


any time, including after a hearing has been held or convened, the petitioner may submit to the presiding officer, and serve on other participants in the proceeding, a withdrawal of...


that a person is engaged or about to engage in any act or practice which constitutes or will constitute a violation of rule, regulation, or order, made or imposed by...


subpart applies to proceedings of the Commission held in accordance with section 504(b) of the Department of Energy Organization Act, 42 U.S.C. 719(b), to review orders issued...


subpart: (a) Commission includes an officer or employee designated as presiding officer in a proceeding under this subpart. (b) Petitioner means a person who is aggrieved...


(a) For purposes of this section, nondisclosure means nondisclosure except to the participants in the proceedings and under the conditions as provided in paragraph (e)...


(a) A petitioner commences proceedings, pursuant to this subpart, by filing with the Commission and serving upon the Secretary and any other participants in prior proceedings on...


20 days of service of the petition for review, the Secretary will file with the Commission and serve on the petitioners and the other participants in prior proceedings on...


file with the Commission and serve on the other participants a request for hearing, which will be deemed granted. Such request must be filed concurrently with participant's...


officer will determine the issues to be resolved in the proceeding and will give notice thereof to the participants. The presiding officer may require additional...


receiving any request for hearing and all the pleadings under Rules 1004 (commencement of proceedings) and 1005 (replies), the presiding officer will give notice to...


from the Secretary's denial of a request for adjustment has the burden of demonstrating the participant's entitlement to the relief sought. (b) Relief will be...


presiding officer will certify and file with the Office of the Secretary of the Commission, for the Commission, a copy of the record in the proceeding. [Order 422, 50 FR...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR385.1011] [Page 977] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 385_RULES OF PRACTICE AND PROCEDURE--Table of Contents Subpart J_Commission Review of Adjustment Request Denials Sec. 385.1011 Final order (Rule 1011). The Commission will issue a final order, affirming, modifying or vacating the contested order or directing other appropriate relief. ...


The provisions of Rule 2201 (prohibited communications and other communications requiring disclosure) apply to proceedings pursuant to this subpart, commencing at the time a...


party will file, as an appendix to each pleading which cites documents in the record developed in the prior proceedings on the adjustment request, one copy of each such document...


which applicable. Except as provided in paragraph (b) of this section, this subpart applies to proceedings of the Commission held in accordance with section 502(c) of the NGPA...


(a) Adjustment means an order issued by Staff under Rule 1109 (orders): (1) Granting relief from an order or rule issued by the Commission under the NGPA, ...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR385.1103] [Page 978] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 385_RULES OF PRACTICE AND PROCEDURE--Table of Contents Subpart K_Petitions for Adjustments Under the NGPA Sec. 385.1103 Commencement of proceeding (Rule 1103). A person commences a proceeding for an adjustment by filing a petition for adjustment with the Commission. ...


The petition must contain: (i) A full and complete statement of the relevant facts, including the documentary support pertaining to the circumstances, act or transaction...


an adjustment proceeding, in conformity with Rule 214 (intervention) must be filed within 15 days after publication in the Federal Register of notice of the petition...


the petition must be filed at the time the motion to intervene is filed. (b) Petitioner. The petitioner may respond to filings of another party within 15 days...


filings made in connection with the petition for adjustment. Staff may also consider information received under paragraph (b) of this section. If Staff obtains information...


petition where there are sufficient facts to make a determination on the merits and where Staff determines that an adjustment is necessary to prevent or alleviate: (1)...


an order granting or denying the petition in whole or in part. The order will articulate the basis for the decision, noting any dispute with the factual assertions of...


(a) General rule. (1) Within 30 days after the issuance by Staff of an order granting or denying, in whole or in part, a petition for adjustment relief under...


conference be convened. The conference will be conducted by Staff in accordance with procedures Staff determines will most expeditiously further the purpose of the conference....


(a) If a person filing a document under this subpart claims that some or all of the information contained in a document is exempt from the mandatory disclosure requirements of...


at any time file a request for interim relief in a proceeding under this subpart, setting forth the legal and factual basis for the request. Service of such request must...


any time. Motions must set forth the ruling or relief requested and must state the grounds therefor and the statutory or other authority relied upon. Staff will rule on...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR385.1115] [Page 982] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 385_RULES OF PRACTICE AND PROCEDURE--Table of Contents Subpart K_Petitions for Adjustments Under the NGPA Sec. 385.1115 Procedural rulings (Rule 1115). Staff may make any procedural rule or provide any procedural relief. ...


taken by Staff, except with respect to requests for public information under part 388. Except as provided in Rule 1110 (review of initial adjustment decision) of...


1117). (a) Staff may, if appropriate, treat a petition filed under Rule 1103 (petition for adjustment) as a request for an interpretation under section 502(c)...


and Natural Gas Acts, sections 209 and 17, respectively, authorize cooperation between the Federal Energy Regulatory Commission and the State commissions of the several States...


there is instituted before the Commission any proceeding under either the Federal Power Act or the Natural Gas Act, the State commission or commissions of the State or...


proved that informal conferences are the means most often used to enable commissions to work together to promote good regulation, affording means whereby common understandings...


(a) It is believed that the statutory provisions of sections 209 and 17, respectively, of the Federal Power and Natural Gas Acts, for the reference of a proceeding to...


(a) The term ``joint hearing'' used in sections 209 and 17, respectively, of the Federal Power and Natural Gas Acts is understood to cover any hearing in which members of the...


[Code of Federal Regulations] [Title 18, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 18CFR385.1306] [Page 986] TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY PART 385_RULES OF PRACTICE AND PROCEDURE--Table of Contents Subpart M_Cooperative Procedure with State Commissions Sec. 385.1306 Intervention by State commissions (Rule 1306). Any interested State commission may intervene in any proceeding before the Federal Energy Regulatory Commission, as provided in Rule 214. ...


Act, 5 U.S.C. 551-557; Department of Energy Organization Act, 42 U.S.C. 7101-7352, E.O. 12,009, 3 CFR 142 (1978); Interstate Commerce Act, 49 U.S.C. 1, et seq. ...


of each year, an oil pipeline must request, in writing, each of its subscribers and each person who has been served under any of its tariffs during the preceding twelve...


Any person may file a petition requesting the Commission to institute a proceeding for the purpose of issuing statements, rules, or regulations of general...


Scope (Rule 1501). The rules in this subpart apply to and govern proceedings for the assessment of civil penalties pursuant to section 31 of the Federal...


Persons subject to civil penalties (Rule 1502). (a) Any licensee or permittee under the Federal Power Act, or exemptee from any requirement of Part I of the Federal...


Actions subjecting persons to civil penalties (Rule 1503). (a) The actions that subject persons to civil penalties are violations of: (1) Any rule or...


Maximum civil penalty (Rule 1504). (a) Except as provided in paragraph (b) of this section, the Commission may assess a civil penalty of up to $10,000 for each day...


Determination of proposed penalty amount (Rule 1505). (a) In determining the amount of a proposed penalty, the Commission will consider the nature and seriousness of...


Notice of proposed penalty (Rule 1506). (a) Before issuing an order assessing a civil penalty under this subpart against any person, the Commission will provide to...


Election of procedures and answer (Rule 1507). (a) If the respondent receiving the notice of proposed penalty wishes to have the procedures of Rule 1509 apply, then...


Commission administrative procedures (Rule 1508). (a) If the respondent is not entitled to an election pursuant to Rule 1506(b)(3)(ii) or does not timely elect to...


District court procedures (Rule 1509). (a) After receipt of the notification of election to apply the provisions of this section pursuant to Rule 1507, the Commission...


Modification of civil penalty (Rule 1510). (a) The Commission may compromise, modify, or remit, with or without conditions, any civil penalty (with leave of court...


Collection of civil penalties (Rule 1511). If any person fails to pay a civil penalty assessment, the Commission will seek to recover the amount of the penalty...


67 FR 52412, Aug. 12, 2002, unless otherwise noted. The purpose of this subpart is to make inflation adjustments to the civil monetary penalties provided by...


monetary penalties provided by law within the jurisdiction of the Commission are: (a) 15 U.S.C. 3414(b)(6)(A)(1), Natural Gas Policy Act: from $5,000 to $5,500. ...


(a) Purpose and applicability--(1) Purpose. The purpose of this section is to provide procedures by which: (i) A person may seek a written interpretation...


than a decision or ruling of presiding officer, as defined in Rule 102(e)(1), made in a proceeding set for hearing under subpart E of this part) taken pursuant to...


rule of general applicability or the commencement of hearing on such a proposed rulemaking, the Commission will cause general notice to be given by publication in the...


be made a stenographic record of public hearings and such copies of the transcript thereof as it requires for its own purposes. Participants desiring copies of such transcript...


or any other person subject to the jurisdiction of the Commission is required to do or perform any act by Commission order, permit, or license provision, there must be filed...


2001). (a) Filings with the Commission. (1) Except as otherwise provided in this chapter, any document required to be filed with the Commission must comply...


filings (Rule 2002). A filing must begin with a caption that sets forth: (a) The docket designation, if any; (b) The words ``INTERLOCUTORY APPEAL'' underneath...


Specifications (Rule 2003). (a) All filings. Any filing with the Commission must be: (1) Typewritten, printed, reproduced, or prepared using a computer or other word...


copies of filings (Rule 2004). Any person filing under this chapter must provide an original of the filing and fourteen exact copies, unless otherwise required by...


Subscription and verification (Rule 2005). (a) Subscription. (1) Any filing with the Commission must be signed. (2) The signature on a filing constitutes a...


(Rule 2006). (a) The Secretary will maintain a system for docketing proceedings. (b) Any public information in any docket is available for inspection and...


2007). (a) Computation. (1) Except as otherwise required by law, any period of time prescribed or allowed by statute or Commission rule or order is computed to...


time (Rule 2008). (a) Except as otherwise provided by law, the time by which any person is required or allowed to act under any statute, rule, or order may...


2009). Unless actual notice is given or unless newspaper notice is given as required by law, notice by the Commission is provided by the Secretary only by...


Service (Rule 2010). (a) By participants. (1) Any participant filing a document in a proceeding must serve a copy of the document on: (i) Each person whose name is on...


Procedures for filing on electronic media (Rule 2011). (a) FERC Forms subject to the procedures provided in this section include: (1) FERC Form No. 2, Annual report...


Petitions for review of Commission Orders (Rule 2012). When a petition for review of an order issued by the Commission is filed [[Page 998]] in a United...


2013). Any person may file a videotape that portrays the site of, or some physical aspect of, an energy project, such as a waterfall or flood waters at the...


appear in a proceeding in person or by an attorney or other qualified representative. An individual may appear in his or her own behalf, a member of a partnership may...


Commission may disqualify and deny, temporarily or permanently, the privilege of appearing or practicing before it in any way to a person who is found: (1) Not to possess...


(a) No person having served as a member, officer, expert, administrative law judge, attorney, accountant, engineer, or other employee of the Commission may practice before or act...


2201). (a) Purpose and scope. This section governs off-the-record communications with the Commission in a manner that permits fully informed decision making by...


any proceeding in which a Commission adjudication is made after hearing, no officer, employee, or agent assigned to work upon the investigation or trial of the proceeding or to assist...


statements of policy, organization and operations. 388.104 Informal advice from Commission staff. 388.105 Procedures for press, television, radio, and...


hearings [[Page 1003]] before a presiding officer; and public conferences or hearings in substantive rulemaking proceedings, will not be held except upon...


decisions upon parties to the proceedings is governed by Rule 2010 (service) in part 385 of this chapter. Descriptions of the Commission's organization, its methods...


to prospective applicants for licenses, certificates, and other Commission authorizations. Opinions expressed by the staff do not represent the official views of the...


decisions, opinions, orders, rulemakings, new publications, major personnel changes, and other matters of general public interest. Releases are issued by and...


the Commission's headquarters and is open during regular business hours as provided in Sec. 375.101(c) of this chapter. Documents may be obtained in person or in writing from...


(a)(1) Records specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy, and ...


paragraph (a)(2) of this section, a person may request access to Commission records, including records maintained in electronic format, that are not available through...


finding and duplicating records available in the Commission's [[Page 1008]] Public Reference Room will vary depending on the size and complexity of the request....


Room, denial of requests for fee waiver or reduction, and denial of requests for expedited processing. (a)(1) A person whose request for records, request for...


Commission employees that relate in any way to the employees' official duties. These procedures will also apply to subpoenas directed to former Commission employees if the...


the Commission may request privileged treatment by claiming that some or all of the information contained in a particular document is exempt from the mandatory...


(CEII). The rules governing submission of CEII are contained in 18 CFR 388.112(b). The Commission reserves the right to restrict access to previously filed...


Authority: 44 U.S.C. 3501-3520. (a) Purpose. This part collects and displays control numbers assigned to information collection requirements of...


applications. 390.4 Exemptions. Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352;...


all documents in proceedings governed by 18 CFR part 385; (2) Submission of Forms 1, 2, 6 and 423 pursuant to 18 CFR 141.1, 141.61, 260.1, and 357.2. ...


by the Secretary, together with a written statement showing good cause why the [[Page 1017]] person is unable to register electronically. The form and...


relate to docketed proceedings and in which it appears that registration under this part offers no value to the person submitting the communication, the Commission may accept...




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