Comparison Chart Part 358 regulations (existing & proposed)

Docket No.RM07-1-000

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Appendix B: Comparison of Current and Proposed Regulatory Text

EXISTING PART 358 REGULATIONS
§ 358.1 Applicability.
(a) This part applies to any interstate
natural gas pipeline that transports gas for
others pursuant to subpart A of part 157 or
subparts B or G of part 284 of this chapter
and is affiliated in any way with a
marketing or brokering entity and conducts
transportation transactions with its
marketing or brokering affiliate.
(b) This part applies to any public utility
that owns, operates, or controls facilities
used for the transmission of electric energy
in interstate commerce.
(c) This part does not apply to a public
utility Transmission Provider that is a
Commission-approved Independent System
Operator (ISO) or Regional Transmission
Organization (RTO). If a public utility
transmission owner participates in a
Commission-approved ISO or RTO and
does not operate or control its transmission
facilities and has no access to transmission,
customer or market information covered by
§ 358.5(b), it may request an exemption
from this part.
(d) A Transmission Provider may file a
request for an exemption from all or some
of the requirements of this part for good
cause.
(e) The Standards of Conduct in this part do
not govern the relationship between a
natural gas Transmission Provider as
defined in § 358.3(a)(2) and its Energy

PROPOSED REVISIONS IN NEW NOPR
No substantive change proposed; minor
wording changes proposed to reflect new
definitions.

No change proposed.

No substantive change proposed; minor
wording changes proposed to reflect new
definitions.

No change proposed.

Proposed to be eliminated, as the coverage of
the rule would no longer extend to energy
affiliates.

Docket No. RM07-1-000

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EXISTING PART 358 REGULATIONS PROPOSED REVISIONS IN NEW NOPR
Affiliates.
**************************************************************************
Proposed to be revised to include the
§ 358.2 General principles.
overarching principle of the prohibition
(a) A Transmission Provider's employees
against undue discrimination and to reflect
engaged in transmission system operations
new definitions; grammatical revisions.
must function independent from employees
of its Marketing and Energy Affiliates.
Proposed to be revised to reflect new
(b) A Transmission Provider must treat all
transmission customers, affiliated and non- definitions and provide greater precision in
the prohibition.
affiliated, on a non-discriminatory basis,
and must not operate its transmission
system to preferentially benefit its
Marketing or Energy Affiliates.
[New sections]
Proposed to be revised to add two general
principles with respect to disclosure of
information and transparency.
Proposed to be revised to list definitions in
§ 358.3 Definitions.
alphabetical order.
(a) Transmission Provider means:
(1) Any public utility that owns, operates or
controls facilities used for 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 B or G of part 284
of this chapter.
(3) A Transmission Provider does not
include a natural gas storage provider
authorized to charge market-based rates
that is not interconnected with the
jurisdictional facilities of any affiliated
interstate natural gas pipeline, has no
exclusive franchise area, no captive

No change proposed.

No change proposed.

No change proposed.

Docket No. RM07-1-000

EXISTING PART 358 REGULATIONS
ratepayers and no market power.
(b) Affiliate means:
(1) Another person that controls, is
controlled by or is under common control
with, such person. An Affiliate includes a
division that operates as a functional unit,
(2) For any exempt wholesale generator, as
defined under Section 32(a) of the Public
Utility Holding Company Act of 1935, as
amended, the same as provided in section
214 of the Federal Power Act.
(c) Control (including the terms
“controlling,” “controlled by,” and “under
common control with”) as used in this part
and §250.16 of this chapter, includes, but is
not limited to, the possession, directly or
indirectly and whether acting alone or in
conjunction with others, of the authority to
direct or cause the direction of the
management or policies of a company. A
voting interest of 10 percent or more
creates a rebuttable presumption of control.
(d) Energy Affiliate means an affiliate of a
Transmission Provider that:
(1) Engages in or is involved in
transmission transactions in U.S. energy or
transmission markets; or
(2) Manages or controls transmission
capacity of a Transmission Provider in U.S.
energy or transmission markets; or
(3) Buys, sells, trades or administers natural
gas or electric energy in U.S. energy or
transmission markets; or
(4) Engages in financial transactions
relating to the sale or transmission of
natural gas or electric energy in U.S. energy
or transmission markets.

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PROPOSED REVISIONS IN NEW NOPR

Proposed to be revised to conform to the
current definition of “affiliate” in 18 CFR
part 35.
Proposed to be revised to conform to the
current definition of “affiliate” in 18 CFR
part 35.

Proposed to be revised to conform to the
current definition of “affiliate” in 18 CFR
part 35.

Proposed to be eliminated.

Docket No. RM07-1-000

EXISTING PART 358 REGULATIONS
(5) A local distribution company division of
an electric public utility Transmission
Provider shall be considered the functional
equivalent of an Energy Affiliate, unless it
qualifies for the exemption in §
358.3(d)(6)(v).
(6) An Energy Affiliate does not include:
(i) A foreign affiliate that does not
participate in U.S. energy markets;
(ii) An affiliated Transmission Provider or
an interconnected foreign affiliated natural
gas pipeline that is engaged in natural gas
transmission activities that are regulated by
the state, provincial or national regulatory
boards of the foreign country in which such
facilities are located.
(iii) A holding, parent or service company
that does not engage in energy or natural
gas commodity markets or is not involved
in transmission transactions in U.S. energy
markets;
(iv) An affiliate that purchases natural gas
or energy solely for its own consumption.
“Solely for its own consumption” does not
include the purchase of natural gas or
energy for the subsequent generation of
electricity.
(v) A State-regulated local distribution
company that acquires interstate
transmission capacity to purchase and resell
gas only for on-system sales, and otherwise
does not engage in the activities described
in §§ 358.3(d)(1), (2), (3) or (4), except to
the limited extent necessary to support onsystem sales and to engage in de minimis
sales necessary to remain in balance under
applicable pipeline tariff requirements.
(vi) A processor, gatherer, Hinshaw

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PROPOSED REVISIONS IN NEW NOPR

Docket No. RM07-1-000

EXISTING PART 358 REGULATIONS
pipeline or an intrastate pipeline that makes
incidental purchases or sales of de minimis
volumes of natural gas to remain in balance
under applicable pipeline tariff
requirements and otherwise does not
engage in the activities described in §§
358.3(d)(1), (2), (3) or (4).
(e) Marketing, sales or brokering means a
sale for resale of natural gas or electric
energy in interstate commerce. Sales and
marketing employee or unit includes:
(1) An interstate natural gas pipeline's sales
operating unit, to the extent provided in §
284.286 of this chapter, and
(2) A public utility Transmission Provider's
energy sales unit, unless such unit engages
solely in bundled retail sales.
(3) Marketing or sales does not include
incidental purchases or sales of natural gas
to operate interstate natural gas pipeline
transmission facilities.
(f) Transmission means natural gas
transportation, storage, exchange, backhaul,
or displacement service provided pursuant
to subpart A of part 157 or subparts B or G
of part 284 of this chapter; and electric
transmission, network or point-to-point
service, reliability service, ancillary
services or other methods of transportation
or the interconnection with jurisdictional
transmission facilities.
(g) Transmission Customer means any
eligible customer, shipper or designated
agent that can or does execute a
transmission service agreement or can or
does receive transmission service, including
all persons who have pending requests for

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PROPOSED REVISIONS IN NEW NOPR

Proposed to be consolidated, revised, and
reorganized under new definition of
“marketing functions” at proposed 18 CFR
358.3(c).

Proposed to be revised to conform
description of electric transmission to
description of gas transmission, i.e., by
reference to the Commission’s regulations,
and to delete the phrase “reliability service.”

No change proposed.

Docket No. RM07-1-000

EXISTING PART 358 REGULATIONS
transmission service or for information
regarding transmission.
(h) Open Access Same-time Information
System or OASIS refers to the Internet
location where a public utility posts the
information, by electronic means, required
by part 37 of this chapter.
(i) Internet Web site refers to the Internet
location where an interstate natural gas
pipeline posts the information, by electronic
means, required by §§ 284.12 and 284.13 of
this chapter.
(j) Transmission Function employee means
an employee, contractor, consultant or
agent of a Transmission Provider who
conducts transmission system operations or
reliability functions, including, but not
limited to, those who are engaged in day-today duties and responsibilities for planning,
directing, organizing or carrying out
transmission-related operations.
(k) Marketing Affiliate means an Affiliate
as that term is defined in § 358.3(b) or a
unit that—
(1) With respect to a natural gas pipeline
Transmission Provider, engages in
“marketing and brokering” activities as
those terms are defined at § 358.3(l); and
(2) With respect to an electric Transmission
Provider, engages in marketing, sales or
brokering activities as those terms are
defined at § 358.3(e).
(l) Marketing or brokering under § 358.3(e)
means a sale of natural gas to any person or
entity by a seller that is not an interstate
pipeline, except when:
(1) The seller is selling gas solely from its

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PROPOSED REVISIONS IN NEW NOPR

No change proposed.

No change proposed.

Proposed to be recast and renumbered at
proposed 18 CFR 358.3(i), incorporating new
definition of “transmission functions.” See
proposed 18 CFR 358.3(h). .

Proposed to be eliminated; partially
subsumed in new definition of “marketing
functions” at proposed 18 CFR 358.3(c) and
new definition of “affiliate” at proposed 18
CFR 358.3(a).

Proposed to be eliminated, but exceptions
captured in new definition, “marketing
functions,” at proposed 18 CFR 358.3(c).

Docket No. RM07-1-000

EXISTING PART 358 REGULATIONS
own production;
(2) The seller is selling gas solely from its
own gathering or processing facilities; or
(3) The seller is an intrastate natural gas
pipeline or a local distribution company
making an on-system sale.
New Definitions:

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PROPOSED REVISIONS IN NEW NOPR

Marketing Functions (proposed 18 CFR
358.3(c)).
Transmission Functions (proposed 18 CFR
358.3(i)).

Marketing Function Employee (proposed 18
CFR 358.3(d)).
Transmission Function Employee (proposed
18 CFR 358.3(i)).
Transmission Function Information
(proposed 18 CFR 358.3(j)).
Transmission Service (proposed 18 CFR
358.3(l)).
**************************************************************************

§ 358.4 Independent
functioning.

(a) Separation of functions.
(1) Except in emergency circumstances
affecting system reliability, the
transmission function employees of the

Note: Provisions under the existing §
358.4(a) are proposed to be relocated at new
proposed 18 CFR 358.5, following the
overarching rules on prohibition of undue
discrimination. Provisions under the existing
§ 358.4(b) are proposed to be relocated at
new proposed 18 CFR 358.7.
Paragraph (a)(1) is proposed to be recast and
renumbered as “general rule” at proposed 18
CFR 358.5(a).

Docket No. RM07-1-000

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EXISTING PART 358 REGULATIONS
Transmission Provider must function
independently of the Transmission
Provider's Marketing or Energy Affiliates'
employees.
(2) Notwithstanding any other provisions in
this section, in emergency circumstances
affecting system reliability, a Transmission
Provider may take whatever steps are
necessary to keep the system in operation.
Transmission Providers must report to the
Commission and post on the OASIS or
Internet Web site, as applicable, each
emergency that resulted in any deviation
from the standards of conduct, within 24
hours of such deviation.
(3) The Transmission Provider is prohibited
from permitting the employees of its
Marketing or Energy Affiliates from:
(i) Conducting transmission system
operations or reliability functions; and
(ii) Having access to the system control
center or similar facilities used for
transmission operations or reliability
functions that differs in any way from the
access available to other transmission
customers.
(4) Transmission Providers are permitted to
share support employees and field and
maintenance employees with their
Marketing and Energy Affiliates.

PROPOSED REVISIONS IN NEW NOPR

(5) Transmission Providers are permitted to
share with their Marketing or Energy
Affiliates senior officers and directors who
are not “Transmission Function
Employees” as that term is defined in §

Proposed to be revised to reflect new definitions
and new scope of the rule; sharing employees
eliminated as a concept.

System reliability exempted under proposed
18 CFR 358.5(b), subject to the recording of
information exchanges.

Paragraph (a)(3) is proposed to be recast and
renumbered as “separation of functions” at
proposed 18 CFR 358.5(c); also proposed to
be revised to reflect new definitions.

Proposed to be eliminated, but exceptions
captured in new definition of “marketing
function employee” at proposed 18 CFR
358.3(d) and the exemption for “permitted
information exchanges” at proposed 18 CFR
358.5(b).

Docket No. RM07-1-000

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EXISTING PART 358 REGULATIONS
358.3(j). A Transmission Provider may
share transmission information covered by
§ 385.5(a) and (b) with its shared senior
officers and directors provided that they do
not participate in directing, organizing or
executing transmission system operations
or marketing functions; or act as a conduit
to share such information with a Marketing
or Energy Affiliate.
(6) Transmission Providers are permitted to
share risk management employees that are
not engaged in Transmission Functions or
sales or commodity Functions with their
Marketing and Energy Affiliates. This
provision does not apply to natural gas
transmission providers.
(b) Identifying affiliates on the public
Internet.

PROPOSED REVISIONS IN NEW NOPR

(1) A Transmission Provider must post the
names and addresses of Marketing and
Energy Affiliates on its OASIS or Internet
Web site.

Proposed to be revised to reflect new definitions
and coverage of the rule.

(2) A Transmission Provider must post on
its OASIS or Internet Web site, as
applicable, a complete list of the facilities
shared by the Transmission Provider and its
Marketing and Energy Affiliates, including
the types of facilities shared and their
addresses.

Proposed to be revised to reflect new
definitions and coverage of the rule. See
proposed 18 CFR 358.7(e)(2).

Proposed to be revised to reflect new definitions
and new scope of the rule; sharing employees
eliminated as a concept.

Proposed to be relocated in the transparency rule
in proposed 18 CFR 358.7(e).

See proposed 18 CFR 358.7(e)(1).

Docket No. RM07-1-000

EXISTING PART 358 REGULATIONS
(3) A Transmission Provider must post
comprehensive organizational charts
showing:
(i) The organizational structure of the
parent corporation with the relative position
in the corporate structure of the
Transmission Provider, Marketing and
Energy Affiliates;
(ii) For the Transmission Provider, the
business units, job titles and descriptions,
and chain of command for all positions,
including officers and directors, with the
exception of clerical, maintenance, and
field positions. The job titles and
descriptions must include the employee's
title, the employee's duties, whether the
employee is involved in transmission or
sales, and the name of the supervisory
employees who manage non-clerical
employees involved in transmission or
sales.
(iii) For all employees who are engaged in
transmission functions for the Transmission
Provider and marketing or sales functions
or who are engaged in transmission
functions for the Transmission Provider and
are employed by any of the Energy
Affiliates, the Transmission Provider must
post the name of the business unit within
the marketing or sales unit or the Energy
Affiliate, the organizational structure in
which the employee is located, the
employee's name, job title and job
description in the marketing or sales unit or
Energy Affiliate, and the employee's
position within the chain of command of
the Marketing or Energy Affiliate.
(iv) The Transmission Provider must

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PROPOSED REVISIONS IN NEW NOPR
For existing § 358.4(b)(3)(i)-(iii), proposed to
be revised to reflect new definitions in the
rule. Proposed to be recast and simplified as
“identification of employee information on
the public internet” at proposed 18 CFR
358.7(f). Requirement for organizational
charts deleted; requirement to post marketing
affiliates retained. See proposed 18 CFR
358.7(e)(1).

Docket No. RM07-1-000

EXISTING PART 358 REGULATIONS
update the information on its OASIS or
Internet Web site, as applicable, required by
§§ 358.4(b)(1), (2) and (3) within seven
business days of any change, and post the
date on which the information was updated.
(v) The Transmission Provider must post
information concerning potential merger
partners as affiliates within seven days after
the potential merger is announced.
(vi) All OASIS or Internet Web site
postings required by part 358 must comply,
as applicable, with the requirements of §
37.6 or §§ 284.12(a) and (c)(3)(v) of this
chapter.

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PROPOSED REVISIONS IN NEW NOPR

For existing § 358.4(b)(3)(iv), proposed to be
revised and recast as “timing and general
requirements of postings on the public
internet” at proposed 18 CFR 358.7(g). No
substantive changes.

For existing § 358.4(b)(3)(v), proposed to be
relocated and revised to reflect new
definitions in the rule. See proposed 18 CFR
358.7(e)(3).

[New Section]
Proposed to be revised to add the requirement
that postings be sufficiently prominent as to
be readily accessible. See proposed 18 CFR
358.7(g)(3).

Proposed new section suspending posting
requirements in the event of an emergency,
such as a natural disaster. See proposed 18
CFR 358.7(g)(2).

(c) Transfers. Employees of the
Transmission Provider, Marketing or
Energy Affiliates are not precluded from
transferring among such functions as long
as such transfer is not used as a means to
circumvent the Standards of Conduct.
Notices of any employee transfers between
the Transmission Provider, on the one hand,
and the Marketing or Energy Affiliates on

Proposed to be revised to reflect new
definitions and coverage of the rule. See
proposed 18 CFR 358.7(f)(2).

Docket No. RM07-1-000

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EXISTING PART 358 REGULATIONS
the other, must be posted on the OASIS or
Internet Web site, as applicable. The
information to be posted must include: the
name of the transferring employee, the
respective titles held while performing each
function ( i.e. , on behalf of the
Transmission Provider, Marketing or
Energy Affiliate), and the effective date of
the transfer. The information posted under
this section must remain on the OASIS or
Internet Web site, as applicable, for 90
days.

PROPOSED REVISIONS IN NEW NOPR

(d) Books and records. A Transmission
Provider must maintain its books of account
and records (as prescribed under parts 101,
125, 201 and 225 of this chapter) separately
from those of its Energy Affiliates and
these must be available for Commission
inspections.
(e) Written procedures. (1) By February 9,
2004, each Transmission Provider is
required to file with the Commission and
post on the OASIS or Internet Web site a
plan and schedule for implementing the
standards of conduct.
(2) Each Transmission Provider must be in
full compliance with the standards of
conduct by September 22, 2004.

Proposed to be relocated at proposed 18 CFR
358.8(d).

(3) The Transmission Provider must post on
the OASIS or Internet Web site, current
written procedures implementing the
standards of conduct in such detail as will
enable customers and the Commission to
determine that the Transmission Provider is
in compliance with the requirements of this

Proposed to be eliminated.

Proposed to be replaced with new 18 CFR
358.8(a).

Proposed to be revised to reflect change in
policy with respect to timing of applicability
of the rule. See proposed 18 CFR 358.7(d).

Docket No. RM07-1-000

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EXISTING PART 358 REGULATIONS
section by September 22, 2004 or within 30
days of becoming subject to the
requirements of part 358.

PROPOSED REVISIONS IN NEW NOPR

(4) Transmission Providers will distribute
the written procedures to all Transmission
Provider employees and employees of the
Marketing and Energy Affiliates.

Proposed to be revised to reflect new
definitions and new scope of the rule. See
proposed 18 CFR 358.8(b).

(5) Transmission Providers shall train
officers and directors as well as employees
with access to transmission information or
information concerning gas or electric
purchases, sales or marketing functions.
The Transmission Provider shall require
each employee to sign a document or
certify electronically signifying that s/he
has participated in the training.
(6) Transmission Providers are required to
designate a Chief Compliance Officer who
will be responsible for standards of conduct
compliance.

Proposed to be revised to require annual
training and certification of completion and
to be relocated at proposed 18 CFR 358.8(c).

Proposed to be revised to require posting of
names of Chief Compliance Officers and to
be relocated at proposed 18 CFR 358.8(c)(2).

Docket No. RM07-1-000

EXISTING PART 358 REGULATIONS
§ 358.5 Non-discrimination
requirements.

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PROPOSED REVISIONS IN NEW NOPR
This section is proposed to be placed before
the Independent Functioning section. As
most of the provisions in the existing § 358.5
relate to a distinct concept of handling
information, paragraphs (a) and (b), revised
to reflect new definitions and simplified, are
proposed to be relocated in new proposed 18
CFR 358.6.

(a) Information access. (1) The
Transmission Provider must
ensure that any employee of its
Marketing or Energy Affiliate
may only have access to that
information available to the
Transmission Provider's
transmission customers ( i.e. ,
the information posted on the
OASIS or Internet Web site, as
applicable), and must not have
access to any information
about the Transmission
Provider's transmission system
that is not available to all users
of an OASIS or Internet Web
site, as applicable.

Concept retained but revised to reflect new
definitions and simplified in terms of “prohibited
receipt and disclosure” of information in new
proposed 18 CFR 358.6(a).

(2) The Transmission Provider
must ensure that any employee
of its Marketing or Energy
Affiliate is prohibited from
obtaining information about
the Transmission Provider's
transmission system
(including, but not limited to,
information about available
transmission capability, price,
curtailments, storage, ancillary
services, balancing,

Concept retained but revised to reflect new
definitions and simplified in new proposed 18
CFR 358.6(a).

Docket No. RM07-1-000

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EXISTING PART 358 REGULATIONS
maintenance activity, capacity
expansion plans or similar
information) through access to
information not posted on the
OASIS or Internet Web site or
that is not otherwise also
available to the general public
without restriction.

PROPOSED REVISIONS IN NEW NOPR

(b) Prohibited disclosure. (1)
An employee of the
Transmission Provider may
not disclose to its Marketing or
Energy Affiliates any
information concerning the
transmission system of the
Transmission Provider or the
transmission system of another
(including, but not limited to,
information received from
non-affiliates or information
about available transmission
capability, price, curtailments,
storage, ancillary services,
balancing, maintenance
activity, capacity expansion
plans, or similar information)
through non-public
communications conducted off
the OASIS or Internet Web
site, through access to
information not posted on the
OASIS or Internet Web site
that is not contemporaneously
available to the public, or
through information on the
OASIS or Internet Web site
that is not at the same time

Concept retained but revised to reflect new
definitions and simplified in new proposed 18
CFR 358.6(a).

Docket No. RM07-1-000

EXISTING PART 358 REGULATIONS
publicly available.
(2) A Transmission Provider
may not share any information,
acquired from non-affiliated
transmission customers or
potential non-affiliated
transmission customers, or
developed in the course of
responding to requests for
transmission or ancillary
service on the OASIS or
Internet Web site, with
employees of its Marketing or
Energy Affiliates, except to the
limited extent information is
required to be posted on the
OASIS or Internet website in
response to a request for
transmission service or
ancillary services.
(3) If an employee of the Transmission
Provider discloses information in a manner
contrary to the requirements of §
358.5(b)(1) and (2), the Transmission
Provider must immediately post such
information on the OASIS or Internet Web
site.
(4) A non-affiliated transmission customer
may voluntarily consent, in writing, to
allow the Transmission Provider to share
the non-affiliated customer's information
with a Marketing or Energy Affiliate. If a
non-affiliated customer authorizes the
Transmission Provider to share its
information with a Marketing or Energy

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PROPOSED REVISIONS IN NEW NOPR

Concept retained but revised to reflect new
definitions and simplified in new proposed 18
CFR 358.6(a).

Proposed to be revised to reflect new
definitions and to be located in new proposed
18 CFR 358.7(a).

Proposed to be revised to reflect new
definitions and be located in new proposed
18 CFR 358.7(c).

Docket No. RM07-1-000

EXISTING PART 358 REGULATIONS
Affiliate, the Transmission Provider must
post notice on the OASIS or Internet Web
site of that consent along with a statement
that it did not provide any preferences,
either operational or rate-related, in
exchange for that voluntary consent.
(5) A Transmission Provider is not required
to contemporaneously disclose to all
transmission customers or potential
transmission customers information
covered by § 358.5(b)(1) if it relates solely
to a Marketing or Energy Affiliate's specific
request for transmission service.
(6) A Transmission Provider may share
generation information necessary to
perform generation dispatch with its
Marketing and Energy Affiliate that does
not include specific information about
individual third party transmission
transactions or potential transmission
arrangements.
(7) Neither a Transmission Provider nor an
employee of a Transmission Provider is
permitted to use anyone as a conduit for
sharing information covered by the
prohibitions of § 358.5(b)(1) and (2) with a
Marketing or Energy Affiliate. A
Transmission Provider may share
information covered by § 358.5(b)(1) and
(2) with employees permitted to be shared
under § 358.4(a)(4), (5) and (6) provided
that such employees do not act as a conduit
to share such information with any
Marketing or Energy Affiliates.
(8) A Transmission Provider is permitted to
share information necessary to maintain the
operations of the transmission system with

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PROPOSED REVISIONS IN NEW NOPR

Proposed to be revised to reflect new
definitions and be located in new proposed
18 CFR 358.7(b).

Proposed to be revised to reflect new
definitions and to be located in new proposed
18 CFR 358.6(b), which adds the requirement
of a record of the information exchange, as
provided in new proposed 18 CFR 358.7(h).

Proposed to be revised to reflect new definitions,
clarify coverage, and to be relocated in new
proposed 18 CFR 358.6, and highlighted as the
“no conduit rule.” See proposed 18
CFR 358.6(a).

Proposed to be revised to reflect new
definitions and to be located in new proposed
18 CFR 358.6(b)(2), which adds the

Docket No. RM07-1-000

EXISTING PART 358 REGULATIONS
its Energy Affiliates.

(c) Implementing tariffs. (1) A
Transmission Provider must strictly enforce
all tariff provisions relating to the sale or
purchase of open access transmission
service, if these tariff provisions do not
permit the use of discretion.
(2) A Transmission Provider must apply all
tariff provisions relating to the sale or
purchase of open access transmission
service in a fair and impartial manner that
treats all transmission customers in a nondiscriminatory manner, if these tariff
provisions permit the use of discretion.
(3) A Transmission Provider
must process all similar
requests for transmission in the
same manner and within the
same period of time.
(4)(i) Electric Transmission Providers must
maintain a written log, available for
Commission audit, detailing the
circumstances and manner in which they
exercised their discretion under any terms
of the tariff. The information contained in
this log is to be posted on the OASIS or
Internet website within 24 hours of when a
Transmission Provider exercises its
discretion under any terms of the tariff.
(ii) Natural gas Transmission
Providers must maintain a
written log of waivers that the
natural gas Transmission
Provider grants with respect to

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PROPOSED REVISIONS IN NEW NOPR
requirement of a record of the information
exchange, as provided in new proposed 18
CFR 358.7(h).
No changes but proposed to be relocated at
proposed 18 CFR 358.4(a)(1).

No changes but proposed to be relocated at
proposed 18 CFR 358.4(a)(2).

No changes but proposed to be relocated at
proposed 18 CFR 358.4(a)(4).

Proposed to be revised to and consolidated to
reflect new definitions and new coverage of
the rule. Proposed to be revised to reflect
change in policy with respect to timing of the
applicability of the rule, including the new
requirement of a five year record retention.
See proposed 18 CFR 358.4(a)(5).

Docket No. RM07-1-000

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EXISTING PART 358 REGULATIONS
tariff provisions that provide
for such discretionary waivers
and provide the log to any
person requesting it within 24
hours of the request.

PROPOSED REVISIONS IN NEW NOPR

(5) The Transmission Provider may not,
through its tariffs or otherwise, give
preference to its Marketing or Energy
Affiliate, over any other wholesale
customer in matters relating to the sale or
purchase of transmission service (including,
but not limited to, issues of price,
curtailments, scheduling, priority, ancillary
services, or balancing).
(d) Discounts. Any offer of a discount for
any transmission service made by the
Transmission Provider must be posted on
the OASIS or Internet Web site
contemporaneous with the time that the
offer is contractually binding. The posting
must include: the name of the customer
involved in the discount and whether it is
an affiliate or whether an affiliate is
involved in the transaction, the rate offered;
the maximum rate; the time period for
which the discount would apply; the
quantity of power or gas upon which the
discount is based; the delivery points under
the transaction; and any conditions or
requirements applicable to the discount.
The posting must remain on the OASIS or
Internet Web site for 60 days from the date
of posting.

Proposed to be revised to reflect new
definitions and to be relocated at proposed 18
CFR 358.4(a)(3).

No changes proposed but proposed to be
relocated at proposed 18 CFR 358.4(b).