18 CFR 35.10(b)

§ 35.10a

18 CFR Ch. I (4–1–19 Edition)

acceptance of the filing by the Commission constitute acceptance of such
unmarked changes.
[Order 271, 28 FR 10573, Oct. 2, 1963, as amended by Order 568, 59 FR 40240, Aug. 8, 1994;
Order 714, 73 FR 57532, Oct. 3, 2008]

§ 35.10a Forms of service agreements.
(a) To the extent a public utility
adopts a standard form of service
agreement for a service other than
market-based power sales, the public
utility shall include as part of its applicable tariff(s) an unexecuted standard service agreement approved by the
Commission for each category of generally applicable service offered by the
public utility under its tariff(s). The
standard format for each generally applicable service must reference the
service to be rendered and where it is
located in its tariff(s). The standard
format must provide spaces for insertion of the name of the customer, effective date, expiration date, and term.
Spaces may be provided for the insertion of receipt and delivery points, contract quantity, and other specifics of
each transaction, as appropriate.
(b) Forms of service agreement submitted under this section shall be filed
electronically as prescribed in § 35.7 for
the filing of rate schedules.

kpayne on VMOFRWIN702 with $$_JOB

[Order 2001, 67 FR 31069, May 8, 2002, as
amended by Order 714, 73 FR 57532, Oct. 3,
2008]

§ 35.10b Electric Quarterly Reports.
Each public utility as well as each
non-public utility with more than a de
minimis market presence shall file an
updated Electric Quarterly Report with
the Commission covering all services it
provides pursuant to this part, for each
of the four calendar quarters of each
year, in accordance with the following
schedule: for the period from January 1
through March 31, file by April 30; for
the period from April 1 through June
30, file by July 31; for the period July 1
through September 30, file by October
31; and for the period October 1 through
December 31, file by January 31. Electric Quarterly Reports must be prepared in conformance with the Commission’s guidance posted on the FERC
Web site (http://www.ferc.gov).
(a) For purposes of this section, the
term ‘‘non-public utility’’ means any

market participant that is exempted
from the Commission’s jurisdiction
under 16 U.S.C. 824(f).
The term does not include an entity
that engages in purchases or sales of
wholesale electric energy or transmission services within the Electric
Reliability Council of Texas or any entity that engages solely in sales of
wholesale electric energy or transmission services in the states of Alaska
or Hawaii.
(b) For purposes of this section, the
term ‘‘de minimis market presence’’
means any non-public utility that
makes 4,000,000 megawatt hours or less
of annual wholesale sales, based on the
average annual sales for resale over the
preceding three years as published by
the Energy Information Administration’s Form 861.
(c) For purposes of this section, the
following wholesale sales made by a
non-public utility with more than a de
minimis market presence are excluded
from the EQR filing requirement:
(1) Sales by a non-public utility, such
as a cooperative or joint action agency,
to its members; and
(2) Sales by a non-public utility
under a long-term, cost-based agreement required to be made to certain
customers under Federal or state statute.
[Order 768, 77 FR 61924, Oct. 11, 2012, as
amended by Order 770, 77 FR 71299, Nov. 30,
2012]

§ 35.11

Waiver of notice requirement.

Upon application and for good cause
shown, the Commission may, by order,
provide that a rate schedule or tariff,
tariff or service agreement, or part
thereof, shall be effective as of a date
prior to the date of filing or prior to
the date the rate schedule or tariff,
tariff or service agreement would become effective in accordance with
these rules. Application for waiver of
the prior notice requirement shall
show (a) how and the extent to which
the filing public utility and purchaser(s) under such rate schedule or
tariff, tariff or service agreement, or
part thereof, would be affected if the
notice requirement is not waived, and
(b) the effects of the waiver, if granted,
upon purchasers under other rate

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