18 Cfr 382

Federal Energy Regulatory Commission
subpart A of this part and § 292.207(b)(2)
of this chapter.
[Order 494, 53 FR 15382, Apr. 29, 1988]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 381.505, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.

Subpart F [Reserved]
Subpart G—Fees Applicable to
the Interstate Commerce Act
and Related Authorities [Reserved]
PART 382—ANNUAL CHARGES
Subpart A—General Provisions
Sec.
382.101 Purpose.
382.102 Definitions.
382.103 Payment.
382.104 Enforcement.
382.105 Waiver.
382.106 Accounting for annual charges paid
under part 382.

Subpart B—Annual Charges
382.201 Annual charges under Parts II and
III of the Federal Power Act and related
statutes.
382.202 Annual charges under the Natural
Gas Act and Natural Gas Policy Act of
1978 and related statutes.
382.203 Annual charges under the Interstate
Commerce Act.
AUTHORITY: 5 U.S.C 551–557; 15 U.S.C 717–
717w, 3301–3432; 16 U.S.C. 791a–825r, 2601–2645;
42 U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App.
U.S.C. 1–85.
SOURCE: Order 472, 52 FR 21292, June 5, 1987,
unless otherwise noted.

Subpart A—General Provisions

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§ 382.101

Purpose.

The purpose of this part is to establish procedures for calculating and assessing annual charges to reimburse
the United States for all of the costs
incurred by the Commission, other
than costs incurred in administering
Part I of the Federal Power Act and
costs recovered through the Commission’s filing fees.

§ 382.102
§ 382.102 Definitions.
For the purpose of this part:
(a) Natural gas pipeline company
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 Act
whose sales for resale and transportation exceed 200,000 Mcf at 14.73 psi (60
°F) in any of the three calendar years
immediately preceding the fiscal year
for which the Commission is assessing
annual charges; and
(2) Not engaged solely in ‘‘first sales’’
of natural gas as that term is defined
in section 2(21) of the Natural Gas Policy Act of 1978; and
(3) To whom the Commission has not
issued a Natural Gas Act Section 7(f)
declaration; and
(4) Not holding a limited jurisdiction
certificate.
(b) Public utility means any person
who owns or operates facilities subject
to the jurisdiction of the Commission
under Parts II and III of the Federal
Power Act, and who has rate schedule(s) on file with the Commission and
who is not a ‘‘qualifying small power
producer’’ or a ‘‘qualifying cogenerator’’, as those terms are defined in
section 3 of the Federal Power Act, or
the United States or a state, or any political subdivision of the United States
or a state, or any agency, authority, or
instrumentality of the United States, a
state, political subdivision of the
United States, or political subdivision
of a state.
(c) Oil pipeline company means any
person engaged in the transportation of
crude oil and petroleum products subject to the Commission’s jurisdiction
under the Interstate Commerce Act
with annual operating revenues greater
than $350,000 in any of the three calendar years immediately preceding the
fiscal year for which the Commission is
assessing annual charges.
(d) Natural gas regulatory program is
the Commission’s regulation of the
natural gas industry under the Natural
Gas Act; Natural Gas Policy Act of
1978; Alaska Natural Gas Transportation Act; Public Utility Regulatory
Policies Act; Department of Energy Organization Act; Outer Continental
Shelf Lands Act; Energy Security Act;

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§ 382.103

18 CFR Ch. I (4–1–12 Edition)

Regulatory Flexibility Act; Crude Oil
Windfall Profit Tax Act; National Environmental Policy Act; National Historic Preservation Act.
(e) Electric regulatory program is the
Commission’s regulation of the electric
industry under Parts II and III of the
Federal Power Act; Public Utility Regulatory Policies Act; Powerplant and
Industrial Fuel Use Act; Department of
Energy Organization Act; Energy Security Act; Regulatory Flexibility Act;
Pacific Northwest Electric Power Planning and Conservation Act; Flood Control and River and Harbor Acts; Bonneville Project Act; Federal Columbia
River Transmission Act; Reclamation
Project Act; Nuclear Waste Policy Act;
National Environmental Policy Act;
and the Public Utility Holding Company Act.
(f) Oil regulatory program is the Commission’s regulation of the oil pipeline
industry under the Interstate Commerce Act; Department of Energy Organization Act; Regulatory Flexibility
Act; Outer Continental Shelf Lands
Act; and the Crude Oil Windfall Profit
Tax Act.
(g) Person means an individual, partnership, corporation, association, joint
stock company, public trust, or organized group of persons, whether incorporated or not.
(h) Operating revenues means the
monies:
(1) Received by an oil pipeline company for providing interstate common
carrier services regulated by the Commission, and
(2) Included in FERC Account No.
200, 210, or 220 in FERC Annual Report
Form No. 6, page 301, lines 1, 2 and 3,
column d, under part 352 of the Commission’s regulations.
(i) Fiscal year means the twelvemonth period that begins on the first
day of October and ends on the last day
of September.
(j) Preceding calendar year means the
twelve-month period that begins on the
first day of January and ends the last
day of December and immediately precedes the end of the fiscal year for
which the Commission is assessing annual charges.
(k) Adjusted costs of administration
means the difference between the estimated costs of administering a regu-

latory program for each fiscal year adjusted to reflect any overcollection or
undercollection of cost attributable to
that regulatory program in the annual
charge assessment for the preceding
fiscal year, and the estimated amount
of filing fees collected during that fiscal year under the provisions of parts
346 and 381 of the Commission’s regulations for activities that relate to that
regulatory program.
(l) Power Marketing Agencies means
the Bonneville Power Administration,
the Alaska Power Administration, the
Southeastern Power Administration,
the Southwestern Power Administration, and the Western Area Power Administration.
[Order 472, 52 FR 21292, June 5, 1987, as
amended by Order 472–B, 52 FR 36022, Sept.
25, 1987; Order 529, 55 FR 47321, Nov. 13, 1990;
Order 575, 60 FR 4859, Jan. 25, 1995; Order 583,
60 FR 53117, Oct. 12, 1995; Order 641, 65 FR
65768, Nov. 2, 2000]

§ 382.103 Payment.
(a) Annual charges assessed under
this part must be paid within 45 days of
the issuance of the bill by the Commission, unless a petition for waiver has
been filed under § 382.105 of this part.
(b) Payment must be made by check,
draft, or money order, payable to the
United States Treasury.
(c) If payment is not made within 45
days of issuance of a bill, interest will
be assessed. Interest will be computed
in accordance with § 154.501(d) of this
chapter, from the date on which the
bill becomes delinquent.
[Order 472, 52 FR 21292, June 5, 1987, as
amended at 61 FR 13421, Mar. 27, 1996]

§ 382.104 Enforcement.
The Commission may refuse to process any petition, application, 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 by law.
§ 382.105 Waiver.
(a) Filing of petition. Any annual
charges bill recipient may submit a 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,

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Federal Energy Regulatory Commission
clearly showing either that the petitioner does not have the money to pay
all or part of the annual charge, or, if
the petitioner does pay the annual
charge, that the petitioner will be
placed in financial distress or emergency. Petitions for waiver must be
filed with the Office of the Secretary of
the Commission within 15 days of
issuance of the bill.
(b) Decision on petition. The Commission or its designee will review the petition for waiver and then will notify
the applicant of its grant or denial, in
whole or in part. If the petition is denied in whole or in part, the annual
charge becomes due 30 days from the
date of notification of the denial.
§ 382.106 Accounting
for
annual
charges paid under part 382.
(a) Any natural gas pipeline 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 Commission’s Uniform
System of Accounts.
(b) Any public utility subject to the
provisions of this part must account
for annual charges paid by charging
the amount to Account No. 928, Regulatory Commission Expenses, of the
Commission’s Uniform System Accounts.
(c) Any oil pipeline company subject
to the provisions of this part must account for annual charges paid by
charging the amount to Account No.
510, Supplies and Expenses, of the Commission’s Uniform System of Accounts.
[Order 472, 52 FR 21292, June 5, 1987, as
amended by Order 472–B, 52 FR 36022, Sept.
25, 1987]

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Subpart B—Annual Charges
§ 382.201 Annual charges under Parts
II and III of the Federal Power Act
and related statutes.
(a) Determination of costs to be assessed
to public utilities. The adjusted costs of
administration of the electric regulatory program, excluding the costs of
regulating the Power Marketing Agencies, will be assessed to public utilities
that provide transmission service
(measured, as discussed in paragraph
(c) of this section, by the sum of the

§ 382.201
megawatt-hours of all unbundled transmission and the megawatt-hours of all
bundled wholesale power sales (to the
extent these latter megawatt-hours
were not separately reported as
unbundled transmission)).
(b) Determination of annual charges to
be assessed to public utilities. The costs
determined under paragraph (a) of this
section will be assessed as annual
charges to each public utility providing
transmission service based on the proportion of the megawatt-hours of
transmission of electric energy in
interstate commerce of each such public utility in the immediately preceding reporting year (either a calendar year or fiscal year, depending on
which accounting convention is used
by the public utility to be charged) to
the sum of the megawatt-hours of
transmission of electric energy in
interstate commerce in the immediately preceding reporting year of all
such public utilities.
(c) Reporting requirement. (1) For purposes of computing annual charges, as
of January 1, 2002, a public utility, as
defined in § 382.102(b), that provides
transmission service must submit
under oath to the Office of the Secretary by April 30 of each year an original and conformed copies of the following information (designated as
FERC Reporting Requirement No. 582
(FERC–582)): The total megawatt-hours
of transmission of electric energy in
interstate commerce, which for purposes of computing the annual charges
and for purposes of this reporting requirement, will be measured by the
sum of the megawatt-hours of all
unbundled
transmission
(including
MWh delivered in wheeling transactions and MWh delivered in exchange
transactions) and the megawatt-hours
of all bundled wholesale power sales (to
the extent these latter megawatt-hours
were not separately reported as
unbundled transmission). This information must be reported to 3 decimal
places; e.g., 3,105 KWh will be reported
as 3.105 MWh.
(2) Corrections to the information reported on FERC–582, as of January 1,
2002, must be submitted under oath to
the Office of the Secretary on or before
the end of each calendar year in which

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§ 382.202

18 CFR Ch. I (4–1–12 Edition)

the information was originally reported (i.e., on or before the last day of
the year that the Commission is open
to accept such filings).
(d) Determination of annual charges to
be assessed to power marketing agencies.
The adjusted costs of administration of
the electric regulatory program as it
applies to Power Marketing Agencies
will be assessed against each power
marketing agency based on the proportion of the megawatt-hours of sales of
each power marketing agency in the
immediately preceding reporting year
(either a calendar year or fiscal year,
depending on which accounting convention is used by the power marketing
agency to be charged) to the sum of the
megawatt-hours of sales in the immediately preceding reporting year of all
power marketing agencies being assessed annual charges.
[Order 641, 65 FR 65768, Nov. 2, 2000]

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§ 382.202 Annual charges under the
Natural Gas Act and Natural Gas
Policy Act of 1978 and related statutes.
The adjusted costs of administration
of the natural gas regulatory program
will be assessed against each natural
gas pipeline company based on the proportion of the total gas subject to Commission regulation which was sold and
transported by each company in the
immediately preceding calendar year
to the sum of the gas subject to the
Commission regulation which was sold
and transported in the immediately
preceding calendar year by all natural

gas pipeline companies being assessed
annual charges.
[Order 472–B, 52 FR 36022, Sept. 25, 1987]

§ 382.203 Annual charges under the
Interstate Commerce Act.
(a) The adjusted costs of administration of 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 for the immediately
preceding calendar year to the sum of
the operating revenues for the immediately preceding calendar year of all
oil pipeline companies being assessed
annual charges.
(b) No oil pipeline company’s annual
charge may exceed a maximum charge
established each year by the Commission to equal 6.339 percent of the adjusted costs of administration of the
oil regulatory program. The maximum
charge will be rounded to the nearest
$1000. For every company with an annual charge determined to be above the
maximum charge, that company’s annual charge will be set at the maximum charge, and any amount above
the maximum charge will be reapportioned to the remaining companies.
The reapportionment will be computed
using the method outlined in paragraph (a) of this section (but excluding
any company whose annual charge is
already set at the maximum amount).
This procedure will be repeated until
no company’s annual charge exceeds
the maximum charge.

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