18 Cfr 343

Federal Energy Regulatory Commission
a revised tariff publication with the
Commission to be effective July 1 of
the index year to which the reduced
ceiling level applies.

PART 343—PROCEDURAL RULES APPLICABLE TO OIL PIPELINE PROCEEDINGS

[Order 561, 58 FR 58779, Nov. 4, 1993, as
amended by Order 561–A, 59 FR 40256, Aug. 8,
1994; 59 FR 59146, Nov. 16, 1994; Order 606, 64
FR 44405, Aug. 16, 1999; Order 650, 69 FR 53801,
Sept. 3, 2004]

Sec.
343.0 Applicability.
343.1 Definitions.
343.2 Requirements for filing interventions,
protests and complaints.
343.3 Filing of protests and responses.
343.4 Procedure on complaints.
343.5 Required negotiations.

§ 342.4 Other
odologies.

rate

changing

meth-

(a) Cost-of-service rates. A carrier may
change a rate pursuant to this section
if it shows that there is a substantial
divergence between the actual costs experienced by the carrier and the rate
resulting from application of the index
such that the rate at the ceiling level
would preclude the carrier from being
able to charge a just and reasonable
rate within the meaning of the Interstate Commerce Act. A carrier must
substantiate the costs incurred by filing the data required by part 346 of this
chapter. A carrier that makes such a
showing may change the rate in question, based upon the cost of providing
the service covered by the rate, without regard to the applicable ceiling
level under § 342.3.
(b) Market-based rates. A carrier may
attempt to show that it lacks significant market power in the market in
which it proposes to charge marketbased rates. Until the carrier establishes that it lacks market power,
these rates will be subject to the applicable ceiling level under § 342.3.
(c) Settlement rates. A carrier may
change a rate without regard to the
ceiling level under § 342.3 if the proposed change has been agreed to, in
writing, by each person who, on the
day of the filing of the proposed rate
change, is using the service covered by
the rate. A filing pursuant to this section must contain a verified statement
by the carrier that the proposed rate
change has been agreed to by all current shippers.

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§ 343.2

[Order 561, 58 FR 58779, Nov. 4, 1993, as
amended at 59 FR 59146, Nov. 16, 1994]

AUTHORITY: 5 U.S.C. 571–583; 42 U.S.C. 7101–
7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85.
SOURCE: Order 561, 58 FR 58780, Nov. 4, 1993,
unless otherwise noted.

§ 343.0 Applicability.
(a) General rule. The Commission’s
Rules of Practice and Procedure in part
385 of this chapter will govern procedural matters in oil pipeline proceedings under part 342 of this chapter
and under the Interstate Commerce
Act, except to the extent specified in
this part.
§ 343.1 Definitions.
For purposes of this part, the following definitions apply:
(a) Complaint means a filing challenging an existing rate or practice
under section 13(1) of the Interstate
Commerce Act.
(b) Protest means a filing, under section 15(7) of the Interstate Commerce
Act, challenging a tariff publication.
[Order 561, 58 FR 58780, Nov. 4, 1993, as
amended by Order 578, 60 FR 19505, Apr. 19,
1995]

§ 343.2 Requirements for filing interventions, protests and complaints.
(a) Interventions. Section 385.214 of
this chapter applies to oil pipeline proceedings.
(b) Standing to file protest. Only persons with a substantial economic interest in the tariff filing may file a protest to a tariff filing pursuant to the
Interstate Commerce Act. Along with
the protest, a verified statement that
the protestor has a substantial economic interest in the tariff filing in
question must be filed.
(c) Other requirements for filing protests
or complaints—(1) Rates established under
§ 342.3 of this chapter. A protest or complaint filed against a rate proposed or

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31

§ 343.3

18 CFR Ch. I (4–1–16 Edition)

established pursuant to § 342.3 of this
chapter must allege reasonable grounds
for asserting that the rate violates the
applicable ceiling level, or that the
rate increase is so substantially in excess of the actual cost increases incurred by the carrier that the rate is
unjust and unreasonable, or that the
rate decrease is so substantially less
than the actual cost decrease incurred
by the carrier that the rate is unjust
and unreasonable. In addition to meeting the requirements of the section, a
complaint must also comply with all
the requirements of § 385.206, except
§ 385.206(b)(1) and (2).
(2) Rates established under § 342.4(c) of
this chapter. A protest or complaint
filed against a rate proposed or established under § 342.4(c) of this chapter
must allege reasonable grounds for asserting that the rate is so substantially
in excess of the actual cost increases
incurred by the carrier that the rate is
unjust and unreasonable. In addition to
meeting the requirements of the section, a complaint must also comply
with all the requirements of § 385.206,
except § 385.206(b)(1) and (2).
(3) Non-rate matters. A protest or complaint filed against a carrier’s operations or practices, other than rates,
must allege reasonable grounds for asserting that the operations or practices
violate a provision of the Interstate
Commerce Act, or of the Commission’s
regulations. In addition to meeting the
requirements of this section, a complaint must also comply with the requirements of § 385.206.
(4) A protest or complaint that does
not meet the requirements of paragraphs (c)(1), (c)(2), or (c)(3) of this section, whichever is applicable, will be
dismissed.

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[Order 561, 58 FR 58780, Nov. 4, 1993, as
amended by Order 602, 64 FR 17097, Apr. 8,
1999; Order 606, 64 FR 44405, Aug. 16, 1999]

§ 343.3 Filing of protests and responses.
(a) Protests. Any protest pursuant to
section 15(7) of the Interstate Commerce Act must be filed not later than
15 days after the filing of a tariff publication. If the carrier submits a separate letter with the filing, providing a
telefax number and contact person, and
requesting all protests to be telefaxed

to the carrier by a protestant, any protest must be so telefaxed to the pipeline at the time the protest is filed
with the Commission. Only persons
with a substantial economic interest in
the tariff filing may file a protest to a
tariff filing pursuant to the Interstate
Commerce Act. Along with the protest,
the protestant must file a verified
statement which must contain a reasonably detailed description of the nature and substance of the protestant’s
substantial economic interest in the
tariff filing.
(b) Responses. The carrier may file a
response to a protest no later than 5
days from the filing of the protest.
(c) Commission action. Commission action, including any hearings or other
proceedings, on a protest will be limited to the issues raised in such protest. If a filing is protested, before the
effective date of the tariff publication
or within 30 days of the tariff filing,
whichever is later, the Commission
will determine whether to suspend the
tariff and initiate a formal investigation.
(d) Termination of investigation. Withdrawal of the protest, or protests, that
caused the initiation of an investigation automatically terminates the investigation.
[Order 561, 58 FR 58780, Nov. 4, 1993, as
amended by Order 561–A, 59 FR 40256, Aug. 8,
1994]

§ 343.4 Procedure on complaints.
(a) Responses. The carrier must file
an answer to a complaint filed pursuant to section 13(1) of the Interstate
Commerce Act within 20 days after the
filing of the complaint in accordance
with Rule 206.
(b) Commission action. Commission action, including any hearings or other
proceedings, on a complaint will be
limited to the issues raised in the complaint.
[Order 561, 58 FR 58780, Nov. 4, 1993, as
amended by Order 602, 64 FR 17097, Apr. 8,
1999]

§ 343.5 Required negotiations.
The Commission or other decisional
authority may require parties to enter
into good faith negotiations to settle
oil pipeline rate matters. The Commission will refer all protested rate filings

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Federal Energy Regulatory Commission
to a settlement judge pursuant to
§ 385.603 of this chapter for recommended resolution. Failure to participate in such negotiations in good
faith is a ground for decision against
the party so failing to participate on
any issue that is the subject of negotiation by other parties.
[Order 578, 60 FR 19505, Apr. 19, 1995]

§ 346.2
(e) Supersession of a quotation or tender. A quotation or tender which supersedes a prior quotation or tender must,
by a statement shown immediately
under the number of the new document, cancel the prior document number.
[Order 561, 58 FR 58778, Nov. 4, 1993, as
amended by Order 714, 73 FR 57537, Oct. 3,
2008]

PART 344—FILING QUOTATIONS
FOR U.S. GOVERNMENT SHIPMENTS AT REDUCED RATES
Sec.
344.1
344.2

Applicability.
Manner of submitting quotations.

AUTHORITY: 42 U.S. 7101–7352; 49 U.S.C. 1–27.

§ 344.1

Applicability.

The provisions of this part will apply
to quotations or tenders made by all
pipeline common carriers to the United
States Government, or any agency or
department thereof, for the transportation, storage, or handling of petroleum and petroleum products at reduced rates as permitted by section 22
of the Interstate Commerce Act. Excepted are filings which involve information, the disclosure of which would
endanger the national security.
[Order 561, 58 FR 58778, Nov. 4, 1993]

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§ 344.2 Manner
quotations.

of

submitting

(a) The quotation or tender must be
submitted to the Commission concurrently with the submittal of the
quotation or tender to the Federal department or agency for whose account
the quotation or tender is offered or
the proposed services are to be rendered.
(b) [Reserved]
(c) Filing procedure. (1) The quotation
must be filed with a letter of transmittal that prominently indicates that
the filing is in accordance with section
22 of the Interstate Commerce Act.
(2) All filings pursuant to this part
must be filed electronically consistent
with §§ 341.1 and 341.2 of this chapter.
(d)
Numbering.
The
copies
of
quotations or tenders which are filed
with the Commission by each carrier
must be numbered consecutively.

PART 346—OIL PIPELINE COST-OFSERVICE FILING REQUIREMENTS
Sec.
346.1 Content of filing for cost-of-service
rates.
346.2 Material in support of initial rates or
change in rates.
346.3 Asset retirement obligations.
AUTHORITY: 42 U.S.C. 7101–7352; 49 U.S.C.
60502; 49 App. U.S.C. 1–85.

§ 346.1 Content of filing for cost-ofservice rates.
A carrier that seeks to establish
rates pursuant to § 342.2(a) of this chapter, or a carrier that seeks to change
rates pursuant to § 342.4(a) of this chapter, or a carrier described in § 342.0(b) of
this chapter that seeks to establish or
change rates by filing cost, revenue,
and throughput data supporting such
rates, other than pursuant to a Commission-approved settlement, must
file, consistent with the requirements
of §§ 341.1 and 341.2 of this chapter:
(a) A letter of transmittal which conforms to §§ 341.2(c) and 342.4(a) of this
chapter;
(b) The proposed tariff; and
(c) The statements and supporting
workpapers set forth in § 346.2.
[59 FR 59146, Nov. 16, 1994, as amended by
Order 588, 61 FR 38569, July 25, 1996; Order
714, 73 FR 57537, Oct. 3, 2008]

§ 346.2 Material in support of initial
rates or change in rates.
A carrier that files for rates pursuant
to § 342.2(a) or § 342.4(a) of this chapter,
or a carrier described in § 342.0(b) that
files to establish or change rates by filing cost, revenue, and throughput data
supporting such rates, other than pursuant to a Commission-approved settlement, must file the following statements, schedules, and supporting
workpapers. The statement, schedules,

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