18 CFR35.12b

Federal Energy Regulatory Commission
§ 35.9 Requirements for filing rate
schedules, tariffs or service agreements.
(a) Rate schedules, tariffs, and service agreements may be filed either by
dividing the rate schedule, tariff, or
service agreements into individual
sheets or sections, or as an entire document except as provided in paragraphs
(b) and (c) of this section.
(b) Open Access Transmission Tariffs
(OATT) filed by utilities that are not
Independent System Operators or Regional
Transmission
Organizations
must be filed either as individual
sheets or sections. If filed as sections,
the sections must be no larger than the
1.0 level, although each schedule or attachment may be a single section. Individual service agreements that are entered into pursuant to the OATT may
be filed as entire documents.
(c) OATT and other open access documents filed by Independent System Operators or Regional Transmission Organizations must be filed either as individual sheets or sections. If filed as sections, the sections must be no larger
than the 1.1 level, including schedules
or attachments. Individual service
agreements that are part entered into
pursuant to the OATT may be filed as
entire documents.

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[Order 714, 73 FR 57531, Oct. 3, 2008]

§ 35.10 Form and style of rate schedules, tariffs and service agreements.
(a) Every rate schedule, tariff or
service agreement offered for 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
other utilities rendering or receiving
service under the rate schedule, tariff
or service agreement ; and (3) a brief
description of the service to be provided under the rate schedule, tariff or
service agreement .
(b) At the time a public utility files
with the Commission and posts under
this part to supersede or change the
provisions of a rate schedule, tariff, or
service agreement previously filed with
the Commission under this part, in addition to the other requirements of this
part, it must list in the transmittal
letter the sheets or sections revised,
and file a marked version of the rate

§ 35.10b
schedule, tariff or service agreement
sheets or sections showing additions
and deletions. New language must be
marked by either highlighting, background shading, bold text, or underlined text. Deleted language must be
marked by strike-through.
(c) In any filing to supersede or
change the provisions of a rate schedule, tariff, or service agreement previously filed with the Commission
under this part, only those revisions
appropriately designated and marked
under paragraph (b) of this section constitute the filing. Revisions to unmarked portions of the rate schedule,
tariff or service agreement are not considered part of the filing nor will any
acceptance of the filing by the Commission constitute acceptance of such
unmarked changes.
[Order 271, 28 FR 10573, Oct. 2, 1963, as amended by Order 568, 59 FR 40240, Aug. 8, 1994;
Order 714, 73 FR 57532, Oct. 3, 2008]

§ 35.10a Forms of service agreements.
(a) To the extent a public utility
adopts 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 unexecuted standard service agreement approved by the
Commission for each category of generally applicable service offered by the
public utility under its tariff(s). The
standard format for each generally applicable service must reference the
service to be rendered and where it is
located in its tariff(s). The standard
format must provide spaces for insertion of the name of the customer, effective date, expiration date, and term.
Spaces may be provided for the insertion of receipt and delivery points, contract quantity, and other specifics of
each transaction, as appropriate.
(b) Forms of service agreement submitted under this section shall be filed
electronically as prescribed in § 35.7 for
the filing of rate schedules.
[Order 2001, 67 FR 31069, May 8, 2002; as
amended by Order 714, 73 FR 57532, Oct. 3,
2008]

§ 35.10b Electric Quarterly Reports.
Each public utility shall file an updated Electric Quarterly Report with
the Commission covering all services it

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§ 35.11

18 CFR Ch. I (4–1–11 Edition)

provides pursuant to this part, for each
of the four calendar quarters of each
year, in accordance with the following
schedule: for the period from January 1
through March 31, file by April 30; for
the period from April 1 through June
30, file by July 31; for the period July 1
through September 30, file by October
31; and for the period October 1 through
December 31, file by January 31. Electric Quarterly Reports must be prepared in conformance with the Commission’s software and guidance posted
and available for downloading from the
FERC Web site (http://www.ferc.gov).
[Order 2001, 67 FR 31069, May 8, 2002]

§ 35.11 Waiver of notice requirement.
Upon application and for good cause
shown, the Commission may, by order,
provide that a rate schedule, tariff, or
service agreement, or part thereof,
shall be effective as of a date prior to
the date of filing or prior to the date
the rate schedule or tariff would become effective in accordance with
these rules. Application for waiver of
the prior notice requirement shall
show (a) how and the extent to which
the filing public utility and purchaser(s) under such rate schedule or
tariff, or part thereof, would be affected if the notice requirement is not
waived, and (b) the effects of the waiver, if granted, upon purchasers under
other rate schedules. The filing public
utility requesting such waiver of notice
shall serve copies of its request therefor upon all purchasers.
[Order 271, 28 FR 10573, Oct. 2, 1963, as amended by Order 714, 73 FR 57532, 57533, Oct. 3,
2008]

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Subpart B—Documents To Be
Submitted With a Filing
§ 35.12 Filing of initial rate schedules
and tariffs.
(a) The letter of a public utility
transmitting to the Commission for filing an initial rate schedule or tariff
shall list the documents submitted
with the filing; give the date on which
the service under that rate schedule or
tariff is expected to commence; state
the names and addresses of those to
whom the rate schedule or tariff has
been mailed; contain a brief descrip-

tion of the kinds of services to be furnished at the rates specified therein;
and summarize the circumstances
which show that all requisite agreement to the rate schedule or tariff or
the filing thereof, including any contract embodied therein, has in fact
been obtained. In the case of coordination and interchange arrangements in
the nature of power pooling transactions, all supporting data required to
be submitted in support of a rate
schedule or tariff filing shall also be
submitted by parties filing certificates
of concurrence, or a representative to
file supporting data on behalf of all
parties may be designated as provided
in § 35.1.
(b) In addition, the following material shall be submitted:
(1) Estimates of the transactions and
revenues under an initial rate schedule.
This shall include estimates, by
months and for the year, of the quantities of services to be rendered and of
the revenues to be derived therefrom
during the 12 months immediately following the month in which those services will commence. Such estimates
should be subdivided by classes of service, customers, and delivery points and
shall show all billing determinants,
e.g., kw, kwh, fuel adjustment, power
factor adjustment. These estimates
will not be required where they cannot
be made with relative accuracy as, for
example, in cases of interconnection
arrangements containing schedules of
rates for emergency energy, spinning
reserve or economy energy or in cases
of coordination and integration of hydroelectric generating resources whose
output cannot be predicted quantitatively due to water conditions.
(2)(i) Basis of the rate or charge proposed in an initial rate schedule or tariff and an explanation of how the proposed rate or charge was derived. For
example, is it a standard rate of the filing public utility; is it a special rate
arrived at through negotiations and, if
so, were unusual customer requirements or competitive factors involved;
and is it designed to produce a return
substantially equal to the filing public
utility’s overall rate of return or is it
essentially an increment cost plus a
share of the savings rate? Were special

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