18 CFR Part 40

Pt. 40

18 CFR Ch. I (4–1–15 Edition)

PART 40—MANDATORY RELIABILITY
STANDARDS FOR THE BULKPOWER SYSTEM
Sec.
40.1 Applicability.
40.2 Mandatory Reliability Standards.
40.3 Availability of Reliability Standards.

41.1 Notice to audited person.
41.2 Response to notification.
41.3 Shortened procedure.
41.4 Form and style.
41.5 Verification.
41.6 Determination.
41.7 Assignment for oral hearing.
41.8 Burden of proof.
CERTIFICATION OF COMPLIANCE WITH
ACCOUNTING REGULATIONS

AUTHORITY: 16 U.S.C. 824o.
SOURCE: Order 693, 72 FR 16598, Apr. 4, 2007,
unless otherwise noted.

§ 40.1 Applicability.
(a) This part applies to all users,
owners and operators of the BulkPower System within the United
States (other than Alaska or Hawaii),
including, but not limited to, entities
described in section 201(f) of the Federal Power Act.
(b) Each Reliability Standard made
effective by § 40.2 must identify the
subset of users, owners and operators
of the Bulk-Power System to which a
particular Reliability Standard applies.
§ 40.2 Mandatory Reliability Standards.
(a) Each applicable user, owner or operator of the Bulk-Power System must
comply with Commission-approved Reliability Standards developed by the
Electric Reliability Organization.
(b) A proposed modification to a Reliability Standard proposed to become
effective pursuant to § 39.5 of this Chapter will not be effective until approved
by the Commission.
§ 40.3 Availability of Reliability Standards.
The Electric Reliability Organization
must post on its Web site the currently
effective Reliability Standards as approved and enforceable by the Commission. The effective date of the Reliability Standards must be included in
the posting.

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PART 41—ACCOUNTS, RECORDS,
MEMORANDA AND DISPOSITION
OF CONTESTED AUDIT FINDINGS
AND PROPOSED REMEDIES
DISPOSITION OF CONTESTED AUDIT FINDINGS
AND PROPOSED REMEDIES
Sec.

41.10
41.11
41.12

Examination of accounts.
Report of certification.
Qualifications of accountants.

AUTHORITY: 16 U.S.C. 791a–825r, 2601–2645; 42
U.S.C. 7101–7352.
SOURCE: Order 141, 12 FR 8500, Dec. 19, 1947,
unless otherwise noted.
CROSS REFERENCE: For rules of practice
and procedure, see part 385 of this chapter.

DISPOSITION OF CONTESTED AUDIT
FINDINGS AND PROPOSED REMEDIES
§ 41.1

Notice to audited person.

(a) Applicability. This part applies to
all audits conducted by the Commission or its staff under authority of the
Federal Power Act except for Electric
Reliability Organization audits conducted pursuant to the authority of
part 39 of the Commission’s regulations.
(b) Notice. An audit conducted by the
Commission’s staff under authority of
the Federal Power Act may result in a
notice of deficiency or audit report or
similar document containing a finding
or findings that the audited person has
not complied with a requirement of the
Commission with respect to, but not
limited to, the following: A filed tariff
or tariffs, contracts, data, records, accounts, books, communications or papers relevant to the audit of the audited person; matters under the Standards of Conduct or the Code of Conduct;
and the activities or operations of the
audited person. The notice of deficiency, audit report or similar document may also contain one or more
proposed remedies that address findings of noncompliance. Where such
findings, with or without proposed
remedies, appear in a notice of deficiency, audit report or similar document, such document shall be provided
to the audited person, and the finding
or findings, and any proposed remedies,

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