18 Cfr 154.201-154.210

Federal Energy Regulatory Commission
referenced in the open access transmission tariff.
[Order 582, 60 FR 52996, Oct. 11, 1995, as
amended by Order 714, 73 FR 57534, Oct. 3,
2008]

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Subpart C—Procedures for
Changing Tariffs
§ 154.201 Filing requirements.
In addition to the requirements of
subparts A and B of this part, the following must be included with the filing
of any tariff, executed service agreement, or part thereof, that changes or
supersedes any tariff, contract, or part
thereof, on file with the Commission.
(a) A list in the transmittal letter of
the tariff sheets or sections being revised and a marked version of the
sheets or sections to be changed or superseded showing additions and deletions. New numbers and text must be
marked by either highlight, background shading, bold, or underline. Deleted text and numbers must be indicated by strike-through. Only those revisions appropriately designated and
marked constitute the filing. Revisions
to unmarked portions of the rate
schedule or tariff are not considered
part of the filing nor will any acceptance of the filing by the Commission
constitute acceptance of such unmarked changes.
(b) Documentation whether in the
form of workpapers, or otherwise, sufficiently detailed to support the company’s proposed change.
(1) The documentation must include
but is not limited to the schedules,
workpapers, and supporting documentation required by these rules and
regulations and the Commission’s orders.
(2) All rate changes in the filing must
be supported by step-by-step mathematical calculations and sufficient
written narrative to allow the Commission and interested parties to duplicate
the company’s calculations.
(3) Any data or summaries included
in the filing purporting to reflect the
books of account must be supported by
accounting workpapers setting forth
all necessary particulars from which an
auditor may readily verify that such
data are in agreement with the company’s books of account. All state-

§ 154.202
ments, schedules, and workpapers must
be prepared in accordance with the
classifications of the Commission’s
Uniform
System
of
Accounts.
Workpapers in support of all adjustments, computations, and other information, properly indexed and cross-referenced to the filing and other
workpapers, must be available for
Commission examination.
(4) Where a rate, cost, or volume is
derived from another rate, cost, or volume, the derivation must be shown
mathematically and be accompanied
by a written narrative sufficient to
allow the Commission and interested
parties to duplicate the calculations. If
the derivation is due to a load factor
adjustment, application of a percentage, or other adjusting factor, the pipeline must also note or explain the origin of the adjusting factor.
(5) Where workpapers show progressive calculations, any discontinuity between one working paper and another
must be explained.
[Order 582, 60 FR 52996, Oct. 11, 1995, as
amended by Order 714, 73 FR 57534, Oct. 3,
2008]

§ 154.202 Filings to initiate a new rate
schedule.
(a) When the filing is to initiate a
new service authorized under a blanket
authority in part 284 of this chapter,
the filing must comply with the requirements of this paragraph.
(1) Filings under this paragraph
must:
(i) Adhere to the requirements of subparts A, B, and C of this part;
(ii) Contain a description of the new
service, including, but not limited to,
the proposed effective date for commencement of service, applicability,
whether the service is interruptible or
firm, and the necessity for the service;
(iii) Explain how the new service will
differ from existing services, including
a concise description of the natural gas
company’s existing operations;
(iv) Explain the impact of the new
service on existing firm and interruptible customers, including but not limited to:
(A) The adequacy of existing capacity, if the proposed service is a firm
service, and

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§ 154.203

18 CFR Ch. I (4–1–15 Edition)

(B) The effect on receipt and delivery
point flexibility, nominating and
scheduling priorities, allocation of capacity, operating conditions, and curtailment, for any new service;
(v) Include workpapers that detail
the computations underlying the proposed rate under the new rate schedule;
or, if the rate is a currently effective
rate, include the appropriate reference
and an explanation of why the rate is
appropriate;
(vi) Give a justification, similar in
form to filed testimony in a general
section 4 rate case, explaining why the
proposed rate design and proposed allocation of costs are just and reasonable;
(vii) If the costs relating to existing
services are reallocated to new services, explain the method for allocating
the costs and the impact on the existing customers;
(viii) Include workpapers showing the
estimated effect on revenue and costs
over the twelve-month period commencing on the proposed effective date
of the filing.
(ix) List other filings pending before
the Commission at the time of the filing which may significantly affect the
filing. Explain how the instant filing
would be affected by the outcome of
each related pending filing;
(2) Any interdependent filings must
be filed concurrently and contain a notice of the interdependence.
(b) If a new service, facility, or rate
is specifically authorized by a Commission order pursuant to section 7 of the
Natural Gas Act, with the filing of tariff sheets or sections to implement the
new rate schedule, the natural gas
company must:
(1) Comply with the requirements of
§ 154.203; and
(2) Where the rate or charge proposed
differs from the rate or charge approved in the certificate order, the natural gas company must: Show that the
change is due to a rate adjustment
under a periodic rate change mechanism previously accepted under § 154.403
which has taken effect since the certificate order was issued; or, show that
the rate change is in accordance with

the terms of the certificate, and provide workpapers justifying the change.
[Order 582, 60 FR 52996, Oct. 11, 1995, as
amended by Order 714, 73 FR 57535, Oct. 3,
2008]

§ 154.203

Compliance filings.

(a) In addition to the requirements of
subparts A, B, and C of this part, filings made to comply with orders issued
by the Commission, including those
issued under delegated authority, must
contain the following:
(1) A list of the directives with which
the company is complying;
(2) Revised workpapers, data, or summaries with cross-references to the
originally filed workpapers, data, or
summaries;
(b) Filings made to comply with
Commission orders must include only
those changes required to comply with
the order. Such compliance filings may
not be combined with other rate or tariff change filings. A compliance filing
that includes other changes or that
does not comply with the applicable
order in every respect may be rejected.
§ 154.204 Changes in rate schedules,
forms of service agreements, or the
general terms and conditions.
A filing to revise rate schedules,
forms of service agreements, or the
general terms and conditions, must:
(a) Adhere to the requirements of
subparts A, B, and C, of this part;
(b) Contain a description of the
change in service, including, but not
limited to, applicability, necessity for
the change, identification of services
and types of customers that will be affected by the change;
(c) Explain how the proposed tariff
provisions differ from those currently
in effect, including an example showing
how the existing and proposed tariff
provisions operate. Explain why the
change is being proposed at this time;
(d) Explain the impact of the proposed revision on firm and interruptible customers, including any changes
in a customer’s rights to capacity in
the manner in which a customer is able
to use such capacity, receipt or delivery point flexibility, nominating and
scheduling, curtailment, capacity release;

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Federal Energy Regulatory Commission
(e) Include workpapers showing the
estimated effect on revenues and costs
over the 12-month period commencing
on the proposed effective date of the
filing. If the filing proposes to change
an existing penalty provision, provide
workpapers showing the penalty revenues and associated quantities under
the existing penalty provision during
the latest 12-month period; and
(f) List other filings pending before
the Commission which may significantly affect the filing.

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§ 154.205 Withdrawals
and
amendments of tariff filings and executed
service agreements.
(a) Withdrawals of tariff filings or service agreements prior to Commission action.
(1) A natural gas company may withdraw in its entirety a tariff filing or executed service agreement that has not
become effective and upon which no
Commission or delegated order has
been issued by filing a withdrawal motion with the Commission. Upon the
filing of such motion, the proposed tariff sheets, sections or service agreements will not become effective under
section 4(d) of the Natural Gas Act in
the absence of Commission action
making the rate schedule or tariff filing effective.
(2) The withdrawal motion will become effective, and the rate schedule
or tariff filing will be deemed withdrawn, at the end of 15 days from the
date of filing of the withdrawal motion,
if no answer in opposition to the withdrawal motion is filed within that period and if no order disallowing the
withdrawal is issued within that period. If an answer in opposition is filed
within the 15 day period, the withdrawal is not effective until an order
accepting the withdrawal is issued.
(b) Amendments or modifications to tariff sheets, sections or service agreements
prior to Commission action on a tariff filing. A natural gas company may file to
amend or modify a tariff or service
agreement contained in a tariff filing
upon which no Commission or delegated order has yet been issued. Such
filing will toll the notice period in section 4(d) of the Natural Gas Act for the
original filing, and establish a new date
on which the entire filing will become
effective, in the absence of Commission

§ 154.206
action, no earlier than 31 days from the
date of the filing of the amendment or
modification.
(c) Withdrawal of suspended tariffs, executed service agreements, or parts thereof. A natural gas company may not,
within the period of suspension, withdraw a proposed tariff, executed service
agreement, or part thereof, that has
been suspended by order of the Commission, except by special permission
of the Commission granted upon application therefor and for good cause
shown.
(d) Changes in suspended tariffs, executed service agreements, or parts thereof.
A natural gas company may not, within the period of suspension, file any
change in a proposed tariff, executed
service agreement, or part thereof,
that has been suspended by order of the
Commission, except by special permission of the Commission granted upon
application therefor and for good cause
shown.
(e) Changes in tariffs, executed service
agreements, or parts thereof continued in
effect, and which were to be changed by
the suspended filing. A natural gas company may not, within the period of suspension, file any change in a tariff, executed service agreement, or part thereof, that is continued in effect by operation of the order of suspension, and
that was proposed to be changed by the
suspended filing, except:
(1) Under a previously approved tariff
provision permitting a limited rate
change, or
(2) By special permission of the Commission.
[Order 582, 60 FR 52996, Oct. 11, 1995, as
amended by Order 714, 73 FR 57534, Oct. 3,
2008]

§ 154.206 Motion to place suspended
rates into effect.
(a) If, prior to the end of the suspension period, the Commission has issued
an order requiring changes in the filed
rates, or the filed rates recover costs
for facilities not certificated and in
service as of the proposed effective
date, in order to place the suspended
rates into effect, the pipelne must file
a motion at least one day prior to the
effective date requested by the pipeline. The motion must be accompanied

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§ 154.207

18 CFR Ch. I (4–1–15 Edition)

by revised tariff sheets or sections reflecting any changes ordered by the
Commission or modifications approved
by the Commission during the suspension period under § 154.205. The filing of
the revised tariff sheets or sections
must:
(1) Comply with the requirements of
subparts A, B, and C of this part;
(2) Identify the Commission order directing the revision;
(3) List the modifications made to
the currently effective rate during the
suspension period, the docket number
in which the modifications were filed,
and identify the order permitting the
modifications.
(b) Where the Commission has suspended the effective date of a change of
rate, charge, classification, or service
for a minimal period and the pipeline
has not included a motion in its transmittal letter, or has specified in its
transmittal
letter
pursuant
to
§ 154.7(a)(9), that it reserves its right to
file motion to place the proposed
change of rate, charge, classification,
or service into effect at the end of the
suspension period, the change will go
into effect, subject to refund, upon motion of the pipeline.
(c) Where the Commission has suspended the effective date of a change of
rate, charge, classification, or service
for a minimal period and the pipeline
has included, in its transmittal letter
pursuant to § 154.7(a)(9), a motion to
place the proposed change of rate,
charge, classification, or service into
effect at the end of the suspension period, the change will go into effect,
subject to refund, on the authorized effective date.
[Order 582, 60 FR 52996, Oct. 11, 1995, as
amended by Order 714, 73 FR 57535, Oct. 3,
2008]

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§ 154.207

Notice requirements.

All proposed changes in tariffs, contracts, or any parts thereof must be
filed with the Commission and posted
not less than 30 days nor more than 60
days prior to the proposed effective
date thereof, unless a waiver of the
time periods is granted by the Commission.

§ 154.208 Service of tariff filings on
customers and other parties.
(a) On or before the filing date, the
company must serve, upon all customers as of the date of the filing and
all affected state regulatory commissions, an abbreviated form of the filing
consisting of: The Letter of Transmittal; the Statement of Nature, Reason, and Basis; the changed tariff
sheets or sections; a summary of the
cost-of-service and rate base; and, summary of the magnitude of the change.
(b) On or before the filing date, the
company must serve a full copy of the
filing upon all customers and state regulatory commissions that have made a
standing request for such service.
(c) Within two business days of receiving a request for a complete copy
from any customer or state commission that has not made a standing request, the company must serve a full
copy of any filing.
(d) A customer or other party may
designate a recipient of service. The
filing company must serve the designated recipient, in accordance with
this section, instead of the customer or
other party. For the purposes of this
section, service upon the designated recipient will be deemed service upon the
customer or other party.
(e) The company may choose to effect service either electronically or by
paper. Such service must be made in
accordance with the requirements of
Part 385 of this chapter.
(f) Unless it seeks a waiver of electronic service, each customer or party
entitled to service of initial tariff filings under this section must notify the
company of the e-mail address to which
service should be directed. A customer
or party may seek a waiver of electronic service by filing a waiver request under Part 390 of this chapter,
providing good cause for its inability
to accept electronic service.
[Order 582, 60 FR 52996, Oct. 11, 1995, as
amended by Order 582A, 61 FR 9628, Mar. 11,
1996; Order 714, 73 FR 57535, Oct. 3, 2008]

§ 154.209

[Reserved]

§ 154.210 Protests, interventions, and
comments.
(a) Unless the notice issued by the
Commission provides otherwise, any

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Federal Energy Regulatory Commission
protest, intervention or comment to a
tariff filing made pursuant to this part
must be filed in accordance with
§ 385.211 of this chapter, not later than
12 days after the subject tariff filing. A
protest must state the basis for the objection. A protest will be considered by
the Commission in determining the appropriate action to be taken, but will
not serve to make the protestant a
party to the proceeding. A person wishing to become a party to the proceeding must file a motion to intervene.
(b) Any motion to intervene must be
filed not later than 12 days after the
subject tariff filing in accordance with
§ 385.214 of this chapter.

Subpart D—Material To Be Filed
With Changes

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§ 154.301

§ 154.303
§ 154.302
rial.

Previously submitted mate-

(a) If all, or any portion, of the information called for by this part has already been submitted to the Commission within six months of the filing
date of this application, or is included
in other data filed pursuant to this
part, specific reference thereto may be
made in lieu of resubmission.
(b) If a new FERC Form No. 2 or 2–A
is required to be filed within 60 days
from the end of the base period, the
new FERC Form No. 2 or 2–A must be
filed concurrently with the rate change
filing. There must be furnished to the
Director, Office of Energy Market Regulation, with the rate change filing,
one copy of the FERC Form No. 2 or 2–
A.
[Order 582, 60 FR 52996, Oct. 11, 1995, as
amended by Order 699, 72 FR 45325, Aug. 14,
2007; Order 701, 72 FR 61054, Oct. 29, 2007]

Changes in rates.

(a) Except for changes in rates pursuant to subparts E, F and G, of this part,
any natural gas company filing for a
change in rates or charges, except for a
minor rate change, must submit, in addition to the material required by subparts A, B, and C of this part, the
Statements and Schedules described in
§ 154.312.
(b) A natural gas company filing for
a minor rate change must file the
Statements and Schedules described in
§ 154.313.
(c) A natural gas company filing for a
change in rates or charges must be prepared to go forward at a hearing and
sustain, solely on the material submitted with its filing, the burden of
proving that the proposed changes are
just and reasonable. The filing and supporting workpapers must be of such
composition, scope, and format as to
comprise the company’s complete casein-chief in the event that the change is
suspended and the matter is set for
hearing. If the change in rates or
charges presented are not in full accord
with any prior Commission decision directly involving the filing company,
the company must include in its working papers alternate material reflecting the effect of such prior decision.
[Order 582, 60 FR 52996, Oct. 11, 1995, as
amended by Order 582–A, 61 FR 9628, Mar. 11,
1996]

§ 154.303

Test periods.

Statements A through M, O, P, and
supporting schedules, in § 154.312 and
§ 154.313, must be based upon a test period.
(a) If the natural gas company has
been in operation for 12 months on the
filing date, then the test period consists of a base period followed by an adjustment period.
(1) The base period consists of 12 consecutive months of the most recently
available actual experience. The last
day of the base period may not be more
than 4 months prior to the filing date.
(2) The adjustment period is a period
of up to 9 months immediately following the base period.
(3) The test period may not extend
more than 9 months beyond the filing
date.
(4) The rate factors (volumes, costs,
and billing determinants) established
during the base period may be adjusted
for changes in revenues and costs
which are known and measurable with
reasonable accuracy at the time of the
filing and which will become effective
within the adjustment period. The base
period factors must be adjusted to
eliminate nonrecurring items. The
company may adjust its base period
factors to normalize items eliminated
as nonrecurring.

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