18 Cfr 36.1

Federal Energy Regulatory Commission
(b) Adopt a billing period of no more
than seven days and allow a settlement
period of no more than seven days.
(c) Eliminate unsecured credit in financial transmission rights markets
and equivalent markets.
(d) Establish a single counterparty to
all market participant transactions, or
require each market participant in an
organized wholesale electric market to
grant a security interest to the organized wholesale electric market in the
receivables of its transactions, or provide another method of supporting netting that provides a similar level of
protection to the market and is approved by the Commission. In the alternative, the organized wholesale
electric market shall not net market
participants’ transactions and must establish credit based on market participants’ gross obligations.
(e) Limit to no more than two days
the time period provided to post additional collateral when additional collateral is requested by the organized
wholesale electric market.
(f) Require minimum participation
criteria for market participants to be
eligible to participate in the organized
wholesale electric market.
(g) Provide a list of examples of circumstances when a market administrator may invoke a ‘‘material adverse
change’’ as a justification for requiring
additional collateral; this list does not
limit a market administrator’s right to
invoke such a clause in other circumstances.
[Order 741, 75 FR 65962, Oct. 27, 2010, as
amended by Order 741–A, 76 FR 10498, Feb. 25,
2011]

PART 36—RULES CONCERNING APPLICATIONS FOR TRANSMISSION
SERVICES UNDER SECTION 211
OF THE FEDERAL POWER ACT
AUTHORITY: 5 U.S.C. 551–557; 16 U.S.C. 791a–
825r; 31 U.S.C. 9701; 42 U.S.C. 7107–7352.

§ 36.1 Notice provisions applicable to
applications for transmission services under section 211 of the Federal Power Act.
(a) Definitions. (1) Affected party
means each affected electric utility,
each affected State regulatory author-

§ 36.1
ity, and each affected Federal power
marketing agency.
(2) Affected electric utility means each
electric utility that has made arrangements for the sale or purchase of electric energy to be transmitted pursuant
to the particular application for transmission services, and each transmitting utility, as defined in section 3(23)
of the Federal Power Act, 16 U.S.C.
796(23), being requested to transmit
such electric energy.
(3) Affected State regulatory authority
means a State regulatory authority, as
defined in section 3(21) of the Federal
Power Act, 16 U.S.C. 796(21), regulating
the rates and charges of each affected
electric utility.
(4) Affected Federal power marketing
agency means a Federal power marketing agency that operates in the
service area of each affected electric
utility.
(b) Additional filing requirements. Any
person filing an application for transmission services pursuant to section
211 of the Federal Power Act, 16 U.S.C.
824j, shall include the following:
(1) The applicant must include a form
of notice of the application suitable for
publication in the FEDERAL REGISTER
in accordance with the specifications
in § 385.203(d) of this chapter. The form
of notice shall be on electronic media
as specified by the Secretary.
(2) A sworn statement that actual notice, including the applicant’s name,
the date of the application, the names
of the affected parties, and a brief description of the transmission services
sought (including the proposed dates
for initiating and terminating the requested transmission services, the
total amount of transmission capacity
requested, a brief description of the
character and nature of the transmission services being requested, and
whether the transmission services requested are firm or non-firm) has been
served, pursuant to Rule 2010 of the
Commission’s Rules of Practice and
Procedure, § 385.2010 of this chapter, on
each affected party. Such statement
shall enumerate each person so served.
(c) Other filing requirements. All other
filing requirements of the Commission’s Rules of Practice and Procedure

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Pt. 37

18 CFR Ch. I (4–1–14 Edition)

remain in effect for applications under
this section.
[Order 560, 58 FR 57737, Oct. 27, 1993, as
amended by Order 593, 62 FR 1283, Jan. 9,
1997; Order 647, 69 FR 32438, June 10, 2004]
EFFECTIVE DATE NOTE: By Order 560, 58 FR
57737, Oct. 27, 1993, § 36.1 was added. The section contains information collection and recordkeeping requirements and will not become effective until approval has been given
by the Office of Management and Budget.

PART 37—OPEN ACCESS SAMETIME INFORMATION SYSTEMS
Sec.
37.1 Applicability.
37.2 Purpose.
37.3 Definitions.
37.4 [Reserved]
37.5 Obligations of Transmission Providers
and Responsible Parties.
37.6 Information to be posted on the OASIS.
37.7 Auditing Transmission Service Information.
37.8 Obligations of OASIS users.
AUTHORITY: 16 U.S.C. 791–825r, 2601–2645; 31
U.S.C. 9701; 42 U.S.C. 7101–7352.
SOURCE: Order 889, 61 FR 21764, May 10,
1996, unless otherwise noted.

§ 37.1 Applicability.
This part applies to any public utility that owns, operates, or controls facilities used for the transmission of
electric energy in interstate commerce
and to transactions performed under
the pro forma tariff required in part 35
of this chapter.
§ 37.2 Purpose.
(a) The purpose of this part is to ensure that potential customers of open
access transmission service receive access to information that will enable
them to obtain transmission service on
a non-discriminatory basis from any
Transmission Provider. These rules
provide standards of conduct and require the Transmission Provider (or its
agent) to create and operate an Open
Access Same-time Information System
(OASIS) that gives all users of the open
access transmission system access to
the same information.
(b) The OASIS will provide information by electronic means about available transmission capability for pointto-point service and will provide a

process for requesting transmission
service. OASIS will enable Transmission Providers and Transmission
Customers to communicate promptly
requests and responses to buy and sell
available transmission capacity offered
under the Transmission Provider’s tariff.
§ 37.3

Definitions.

(a) Transmission Provider means any
public utility that owns, operates, or
controls facilities used for the transmission of electric energy in interstate
commerce.
(b) Transmission Customer means any
eligible customer (or its designated
agent) that can or does execute a
transmission service agreement or can
or does receive transmission service.
(c) Responsible party means the Transmission Provider or an agent to whom
the Transmission Provider has delegated the responsibility of meeting any
of the requirements of this part.
(d) Reseller means any Transmission
Customer who offers to sell transmission capacity it has purchased.
(e) Wholesale merchant function means
the sale for resale of electric energy in
interstate commerce.
(f) Affiliate means:
(1) 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; and
(2) For any other entity, the term affiliate has the same meaning as given in
§ 161.2(a) of this chapter.
[Order 889, 61 FR 21764, May 10, 1996, as
amended by Order 889–A, 62 FR 12503, Mar. 14,
1997]

§ 37.4

[Reserved]

§ 37.5 Obligations of Transmission Providers and Responsible Parties.
(a) Each Transmission Provider is required to provide for the operation of
an OASIS, either individually or jointly with other Transmission Providers,
in accordance with the requirements of
this Part. The Transmission Provider
may delegate this responsibility to a
Responsible Party such as another
Transmission Provider, an Independent

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