18 CFR 35.41(d)

§ 35.40

18 CFR Ch. I (4–1–11 Edition)

captive customers and one or more of
whom does not have captive customers,
will be imposed on a case-by-case basis.
[Order 697, 72 FR 40038, July 20, 2007, as
amended by Order 697–A, 73 FR 25912, May 7,
2008]

WReier-Aviles on DSKGBLS3C1PROD with CFR

§ 35.40 Ancillary services.
A Seller may make sales of ancillary
services at market-based rates only if
it has been authorized by the Commission and only in specific geographic
markets as the Commission has authorized.
§ 35.41 Market behavior rules.
(a) Unit operation. Where a Seller participates in a Commission-approved organized market, Seller must operate
and schedule generating facilities, undertake maintenance, declare outages,
and commit or otherwise bid supply in
a manner that complies with the Commission-approved rules and regulations
of the applicable market. A Seller is
not required to bid or supply electric
energy or other electricity products
unless such requirement is a part of a
separate Commission-approved tariff or
is a requirement applicable to Seller
through Seller’s participation in a
Commission-approved organized market.
(b) Communications. A Seller must
provide accurate and factual information and not submit false or misleading
information, or omit material information, in any communication with the
Commission,
Commission-approved
market
monitors,
Commission-approved regional transmission organizations,
Commission-approved
independent system operators, or jurisdictional transmission providers, unless
Seller exercises due diligence to prevent such occurrences.
(c) Price reporting. To the extent a
Seller engages in reporting of transactions to publishers of electric or natural gas price indices, Seller must provide accurate and factual information,
and not knowingly submit false or misleading information or omit material
information to any such publisher, by
reporting its transactions in a manner
consistent with the procedures set
forth in the Policy Statement issued
by the Commission in Docket No.
PL03–3–000 and any clarifications

thereto. Unless Seller has previously
provided the Commission with a notification of its price reporting status,
Seller must notify the Commission
within 15 days of the effective date of
this regulation or within 15 days of the
date it begins making wholesale sales,
whichever is earlier, whether it engages in such reporting of its transactions. Seller must update the notification within 15 days of any subsequent
change in its transaction reporting status. In addition, Seller must adhere to
such other standards and requirements
for price reporting as the Commission
may order.
(d) Records retention. A Seller must
retain, for a period of five years, all
data and information upon which it
billed the prices it charged for the electric energy or electric energy products
it sold pursuant to Seller’s marketbased rate tariff, and the prices it reported for use in price indices.
§ 35.42 Change in status reporting requirement.
(a) As a condition of obtaining and
retaining market-based rate authority,
a Seller 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, the following:
(1) Ownership or control of generation capacity that results in net increases of 100 MW or more, or of inputs
to electric power production, or ownership, operation or control of transmission facilities, or
(2) Affiliation with any entity not
disclosed in the application for market-based rate authority that owns or
controls generation facilities or inputs
to electric power production, affiliation with any entity not disclosed in
the application for market-based rate
authority that owns, operates or controls transmission facilities, or affiliation with any entity that has a franchised service area.
(b) Any change in status subject to
paragraph (a) of this section, other
than a change in status submitted to
report the acquisition of control of a
site or sites for new generation capacity development, must be filed no later

336

VerDate Mar<15>2010

09:39 Apr 21, 2011

Jkt 223057

PO 00000

Frm 00346

Fmt 8010

Sfmt 8010

Y:\SGML\223057.XXX

223057