18 CFR 35.28(f)

§ 35.28

18 CFR Ch. I (4–1–06 Edition)

(2) Limits the authority of a state
commission in accordance with state
and federal law to establish
(i) Competitive procedures for the acquisition of electric energy, including
demand-side management, purchased
at wholesale, or
(ii) Non-discriminatory fees for the
distribution of such electric energy to
retail consumers for purposes established in accordance with state law.
(c) Reporting requirement. Any public
utility with the authority to engage in
sales for resale of electric energy in
interstate commerce at market-based
rates shall be subject to the following:
(1) As a condition of obtaining and
retaining market-based rate authority,
a public utility with market-based rate
authority must timely report to the
Commission any change in status that
would reflect a departure from the
characteristics the Commission relied
upon in granting market-based rate authority. A change in status includes,
but is not limited to, each of the following:
(i) Ownership or control of generation or transmission facilities or inputs
to electric power production other than
fuel supplies, or
(ii) Affiliation with any entity not
disclosed in the application for market-based rate authority that owns or
controls generation or transmission facilities or inputs to electric power production, or affiliation with any entity
that has a franchised service area.
(2) Any change in status subject to
paragraph (c)(1) of this section must be
filed no later than 30 days after the
change in status occurs.
[Order 888, 61 FR 21693, May 10, 1996, as
amended by Order 652, 70 FR 8269, Feb. 18,
2005]

§ 35.28 Non-discriminatory open access
transmission tariff.
(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 any nonpublic utility that seeks voluntary
compliance with jurisdictional transmission tariff reciprocity conditions.
(b) Definitions—(1) Requirements service agreement means a contract or rate
schedule under which a public utility

provides any portion of a customer’s
bundled wholesale power requirements.
(2) Economy energy coordination agreement means a contract, or service
schedule thereunder, that provides for
trading of electric energy on an ‘‘if, as
and when available’’ basis, but does not
require either the seller or the buyer to
engage in a particular transaction.
(3) Non-economy energy coordination
agreement means any non-requirements
service agreement, except an economy
energy coordination agreement as defined in paragraph (b)(2) of this section.
(c) Non-discriminatory open access
transmission tariffs—(1) Every public
utility that owns, controls or operates
facilities used for the transmission of
electric energy in interstate commerce
must have on file with the Commission
a tariff of general applicability for
transmission services, including ancillary services, over such facilities. Such
tariff must be the open access pro
forma tariff contained in Order No. 888,
FERC Stats. & Regs. ¶ 31,036 (Final
Rule on Open Access and Stranded
Costs) or such other open access tariff
as may be approved by the Commission
consistent with Order No. 888, FERC
Stats. & Regs. ¶ 31,036.
(i) Subject to the exceptions in paragraphs (c)(1)(ii), (c)(1)(iii), and (c)(1)(iv)
of this section, the pro forma tariff
contained in Order No. 888, FERC
Stats. & Regs. ¶ 31,036, and accompanying rates, must be filed no later
than 60 days prior to the date on which
a public utility would engage in a sale
of electric energy at wholesale in interstate commerce or in the transmission
of electric energy in interstate commerce.
(ii) If a public utility owns, controls
or operates facilities used for the
transmission of electric energy in
interstate commerce as of July 9, 1996,
it must file the pro forma tariff contained in Order No. 888, FERC Stats. &
Regs. ¶ 31,036, pursuant to section 206 of
the FPA and accompanying rates pursuant to section 205 of the FPA, no
later than July 9, 1996. However, if a
public utility has already filed, or has
on file, an open access tariff and accompanying rates as of April 24, 1996, it
may, but is not required to, file new
rates with its section 206 pro forma tariff filing.

290

VerDate Aug<31>2005

11:20 May 11, 2006

Jkt 208057

PO 00000

Frm 00300

Fmt 8010

Sfmt 8010

Y:\SGML\208057.XXX

208057

Federal Energy Regulatory Commission
(iii) If a public utility owns, controls
or operates transmission facilities used
for the transmission of electric energy
in interstate commerce as of July 9,
1996, such facilities are jointly owned
with a non-public utility, and the joint
ownership contract prohibits transmission service over the facilities to
third parties, the public utility with
respect to access over the public utility’s share of the jointly owned facilities must file no later than December
31, 1996 the pro forma tariff contained
in Order No. 888, FERC Stats. & Regs.
¶ 31,036, pursuant to section 206 of the
FPA and accompanying rates pursuant
to section 205 of the FPA.
(iv) If a public utility obtains a waiver of the tariff requirement pursuant to
paragraph (d) of this section, it does
not need to file the pro forma tariff required by this section.
(v) Any public utility that seeks a deviation from the pro forma tariff contained in Order No. 888, FERC Stats. &
Regs. ¶ 31,036, must demonstrate that
the deviation is consistent with the
principles of Order No. 888, FERC
Stats. & Regs. ¶ 31,036.
(2) Every public utility that owns,
controls or operates facilities used for
the transmission of electric energy in
interstate commerce, and that uses
those facilities to engage in wholesale
sales and/or purchases of electric energy, or unbundled retail sales of electric energy, must take transmission
service for such sales and/or purchases
under the open access tariff filed pursuant to this section.
(i) Subject to the exceptions in paragraphs (c)(2)(ii) and (c)(3)(iv) of this
section, this requirement is effective
on the date that such public utility engages in a wholesale sale or purchase of
electric energy or any unbundled retail
sale of electric energy, but no earlier
than July 9, 1996.
(ii) For sales of electric energy pursuant to a requirements service agreement executed on or before July 9, 1996,
this requirement will not apply unless
separately ordered by the Commission.
For sales of electric energy pursuant to
a bilateral economy energy coordination agreement executed on or before
July 9, 1996, this requirement is effective on December 31, 1996. For sales of
electric energy pursuant to a bilateral

§ 35.28
non-economy
energy
coordination
agreement executed on or before July
9, 1996, this requirement will not apply
unless separately ordered by the Commission.
(3) Every public utility that owns,
controls or operates facilities used for
the transmission of electric energy in
interstate commerce, and that is a
member of a power pool, public utility
holding company, or other multi-lateral trading arrangement or agreement
that contains transmission rates,
terms or conditions, must file a joint
pool-wide or system-wide open access
transmission pro forma tariff.
(i) For any power pool, public utility
holding company or other multi-lateral
arrangement or agreement that contains transmission rates, terms or conditions and that is executed after July
9, 1996, this requirement is effective on
the date that transactions begin under
the arrangement or agreement.
(ii) For any public utility holding
company arrangement or agreement
that contains transmission rates,
terms or conditions and that is executed on or before July 9, 1996, this requirement is effective July 9, 1996, except for the Central and South West
System, which must comply no later
than December 31, 1996.
(iii) For any power pool or multi-lateral arrangement or agreement other
than a public utility holding company
arrangement or agreement, that contains transmission rates, terms or conditions and that is executed prior to
July 9, 1996, this requirement is effective on December 31, 1996.
(iv) A public utility member of a
power pool, public utility holding company or other multi-lateral arrangement or agreement that contains
transmission rates, terms or conditions
and that is executed on or before July
9, 1996 must begin to take service under
a joint pool-wide or system-wide pro
forma tariff for wholesale trades
among the pool or system members no
later than December 31, 1996.
(d) Waivers. A public utility subject
to the requirements of this section and
Order No. 889, FERC Stats. & Regs.
¶ 31,037 (Final Rule on Open Access
Same-Time Information System and

291

VerDate Aug<31>2005

11:20 May 11, 2006

Jkt 208057

PO 00000

Frm 00301

Fmt 8010

Sfmt 8010

Y:\SGML\208057.XXX

208057

§ 35.28

18 CFR Ch. I (4–1–06 Edition)

Standards of Conduct) may file a request for waiver of all or part of the requirements of this section, or Part 37
(Open Access Same-Time Information
System and Standards of Conduct for
Public Utilities), for good cause shown.
Except as provided in paragraph (f) of
this section, an application for waiver
must be filed either:
(i) No later than July 9, 1996 or
(ii) No later than 60 days prior to the
time the public utility would otherwise
have to comply with the requirement.
(e) Non-public utility procedures for
tariff reciprocity compliance. (1) A nonpublic utility may submit a transmission tariff and a request for declaratory order that its voluntary transmission tariff meets the requirements
of Order No. 888 (Final Rule on Open
Access and Stranded Costs).
(i) Any submittal and request for declaratory order submitted by a nonpublic utility will be provided an NJ
(non-jurisdictional) docket designation.
(ii) If the submittal is found to be an
acceptable transmission tariff, an applicant in a Federal Power Act (FPA)
section 211 case against the non-public
utility shall have the burden of proof
to show why service under the open access tariff is not sufficient and why a
section 211 order should be granted.
(2) A non-public utility may file a request for waiver of all or part of the
reciprocity conditions contained in a
public utility open access tariff, for
good cause shown. An application for
waiver may be filed at any time.
(f) Standard generator interconnection
procedures and agreements. (1) Every
public utility that is required to have
on file a non-discriminatory open access transmission tariff under this section must amend such tariff by adding
the standard interconnection procedures and agreement contained in
Order No. 2003, FERC Stats. & Regs. &
31,146 (Final Rule on Generator Interconnection), as amended by the Commission in Order No. 661, FERC Stats.
& Regs. ¶ 31,186 (Final Rule on Interconnection for Wind Energy), and the
standard small generator interconnection procedures and agreement contained in Order No. 2006, FERC Stats. &
Regs. ¶ 31,180 (Final Rule on Small Generator Interconnection), or such other

interconnection procedures and agreements as may be approved by the Commission consistent with Order No. 2003,
FERC Stats. & Regs. & 31,146 (Final
Rule on Generator Interconnection)
and Order No. 2006, FERC Stats. &
Regs. ¶ 31,180 (Final Rule on Small Generator Interconnection).
(i) The amendment to implement the
Final Rule on Generator Interconnection required by the preceding subsection must be filed no later than January 20, 2004.
(ii) The amendment to implement
the Final Rule on Small Generator
Interconnection required by the preceding subsection must be filed no
later than August 12, 2005.
(iii) The amendment to implement
the Final Rule on Interconnection for
Wind Energy required by the preceding
subsection must be filed no later than
December 30, 2005.
(iv) Any public utility that seeks a
deviation from the standard interconnection procedures and agreement
contained in Order No. 2003, FERC
Stats. & Regs. & 31,146 (Final Rule on
Generator Interconnection), as amended by the Commission in Order No. 661,
FERC Stats. & Regs. ¶ 31,186 (Final
Rule on Interconnection for Wind Energy), or the standard small generator
interconnection procedures and agreement contained in Order No. 2006,
FERC Stats. & Regs. ¶ 31,180 (Final
Rule on Small Generator Interconnection), must demonstrate that the deviation is consistent with the principles
of either Order No. 2003, FERC Stats. &
Regs. & 31,146 (Final Rule on Generator
Interconnection) or Order No. 2006,
FERC Stats. & Regs. ¶ 31,180 (Final
Rule on Small Generator Interconnection).
(2) The non-public utility procedures
for tariff reciprocity compliance described in paragraph (e) of this section
are applicable to the standard interconnection procedures and agreements.
(3) A public utility subject to the requirements of this paragraph pertaining to the Final Rule on Generator
Interconnection may file a request for
waiver of all or part of the requirements of this paragraph, for good cause
shown. An application for waiver must
be filed either:
(i) No later than January 20, 2004, or

292

VerDate Aug<31>2005

11:20 May 11, 2006

Jkt 208057

PO 00000

Frm 00302

Fmt 8010

Sfmt 8010

Y:\SGML\208057.XXX

208057

Federal Energy Regulatory Commission
(ii) No later than 60 days prior to the
time the public utility would otherwise
have to comply with the requirements
of this paragraph.
(4) A public utility subject to the requirements of this paragraph pertaining to the Final Rule on Small
Generator Interconnection may file a
request for waiver of all or part of the
requirements of this paragraph, for
good cause shown. An application for
waiver must be filed either:
(i) No later than August 12, 2005, or
(ii) No later than 60 days prior to the
time the public utility would otherwise
have to comply with the requirements
of this paragraph.
[Order 888, 61 FR 21693, May 10, 1996, as
amended by Order 2003, 68 FR 49929, Aug. 19,
2003; Order 2006, 70 FR 34240, June 13, 2005;
Order 661, 70 FR 75014, Dec. 19, 2005]

§ 35.29 Treatment of special assessments levied under the Atomic Energy Act 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 of 1954, as
amended by the Energy Policy Act of
1992, are costs that may be reflected in
jurisdictional rates. Public utilities
seeking to recover the costs incurred
relating to special assessments shall
comply with the following procedures.
(a) Fuel adjustment clauses. In computing the Account 518 cost of nuclear
fuel pursuant to § 35.14(a)(6), utilities
seeking to recover the costs of special
assessments through their fuel adjustment clauses shall:
(1) Deduct any expenses associated
with special assessments included in
Account 518;
(2) Add to Account 518 one-twelfth of
any payments made for special assessments within the 12-month period ending with the current month; and
(3) Deduct from Account 518 onetwelfth of any refunds of payments
made for special assessments received
within the 12-month period ending with
the current month that is received
from the Federal government because
the public utility has contested a special assessment or overpaid a special
assessment.

§ 35.30
(b) Cost of service data requirements.
Public utilities filing rate applications
under §§ 35.12 or 35.13 (regardless of
whether the utility elects the abbreviated, unadjusted Period I, adjusted
Period I, or Period II cost support requirements) must submit cost data
that is computed in accordance with
the requirements specified in paragraphs (a) (1), (2) and (3) of this section.
(c) Formula rates. Public utilities
with formula rates on file that provide
for the automatic recovery of nuclear
fuel costs must reflect the costs of special assessments in accordance with
the requirements specified in paragraphs (a) (1), (2) and (3) of this section.
[Order 557, 58 FR 51221, Oct. 1, 1993. Redesignated by Order 888, 61 FR 21692, May 10, 1996]

Subpart D—Procedures and Requirements for Public Utility
Sales of Power to Bonneville
Power Administration Under
Northwest Power Act
AUTHORITY: Federal Power Act, 16 U.S.C.
792–828c (1976 and Supp. IV 1980) and Pacific
Northwest Electric Power Planning and Conservation Act, 16 U.S.C. 830–839h (Supp. IV
(1980)).

§ 35.30

General provisions.

(a) Applicability. This subpart applies
to any sales of electric power subject
to the Commission’s jurisdiction under
Part II of the Federal Power Act from
public utilities to the Administrator of
the Bonneville Power Administration
(BPA) at the average system cost
(ASC) of that utility’s resources (electric power generation by the utility)
pursuant to section 5(c) of the Pacific
Northwest Electric Power Planning
and Conservation Act, 16 U.S.C. 830–
839h. The ASC is determined by BPA in
accordance with 18 CFR part 301.
(b) Effectiveness of rates. (1) During
the period between the date of BPA’s
determination of ASC and the date of
the final order issued by the Commission, the utility may charge the rate
based on the ASC determined by BPA,
subject to § 35.31(c) of this part.
(2) Except as otherwise provided
under this section, the ASC ordered by
the Commission will be deemed in effect from the beginning of the relevant

293

VerDate Aug<31>2005

11:20 May 11, 2006

Jkt 208057

PO 00000

Frm 00303

Fmt 8010

Sfmt 8010

Y:\SGML\208057.XXX

208057