61180 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 

1 16 U.S.C. 824e (2000).

(3) Exact samples of all uses intended 

for the NOAA emblem including text 

claims with, within, or associated with 

the hydrographic product, its packaging, 

and advertising that a reasonable person 

might associate with the NOAA 

emblem. 

(4) Proof of NOAA certification. 

(5) Other relevant information as may 

later be specified.

§ 996.31 Termination of the Quality 

Assurance Program. 

(a) NOAA reserves the right to 

terminate the Quality Assurance 

Program for a particular hydrographic 

product or class at any time before 

certification is awarded if it is deemed 

to be in the public interest to do so. 

NOAA shall give written notification to 

the sponsor and other interested parties 

should it decide to exercise this option, 

and shall state the reasons for its action. 

Reasons for termination may include, 

but are not limited to: 

(1) The inability of the standardsdrafting group to reach a consensus on 

the content of the standard; 

(2) Valid objections to the existence of 

NOAA-certification of a particular 

hydrographic product; 

(3) A negative impact on public safety 

should the hydrographic product 

receive certification; 

(4) Other relevant reasons as they 

become apparent. 

(b) The sponsor or other interested 

parties shall have 30 days to request a 

reconsideration of the termination 

action. Said request shall be in writing 

to the Quality Assurance Program 

address, and shall include written 

material supporting the appeal. NOAA 

shall have, if its other obligations 

permit, 60 calendar days from the 

receipt of a request for reconsideration 

to either deny the request, or to 

reconsider and announce its decision. 

(c) NOAA’s decision, either the 

original decision if unappealed within 

30 days, or the decision after the request 

for reconsideration, shall be considered 

final.

§ 996.32 Appeals. 

(a) Any entity may appeal a final 

decision made by the Agency under this 

Quality Assurance Program. Said appeal 

shall be submitted in writing to the 

Quality Assurance Program address, and 

shall contain at least: 

(1) Identification and contact 

information of the appealing entity; 

(2) A statement that this is an appeal 

to a final decision of the Quality 

Assurance Program; 

(3) A description of what decision is 

being appealed; 

(4) A thorough but concise argument 

as to why the requestor believes the 

Quality Assurance Program decision 

being appealed should be set aside. 

(5) Other information as may later be 

determined to be relevant. 

(b) Appeals shall be arbitrated by the 

Assistant Administrator for Ocean 

Services and Coastal Zone Management, 

NOAA, using procedures to be 

established at the time of the appeal, 

and which shall be appropriate to the 

nature and circumstances of the appeal. 

The determination from this arbitration 

shall be final.

§ 996.33 Acceptance of program by nonFederal entities. 

By their voluntary entrance or 

participation in this Quality Assurance 

Program or its activities, all parties 

acknowledge and accept the procedures 

established by this program, including 

the finality of decisions. All parties 

acknowledge and accept that 

information submitted to NOAA under 

this Program shall be deemed to be in 

the public domain, and no 

representation is made as to the 

protection of confidential, proprietary or 

otherwise restricted information.

Dated: October 7, 2004. 

Richard W. Spinrad, 

Assistant Administrator for Ocean Services 

and Coastal Zone Management, National 

Oceanic and Atmospheric Administration.

[FR Doc. 04–23166 Filed 10–14–04; 8:45 am] 

BILLING CODE 3510–JE–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

18 CFR Part 35 

[Docket No. RM04–14–000] 

Reporting Requirement for Changes in 

Status for Public Utilities With MarketBased Rate Authority 

Issued October 6, 2004.

AGENCY: Federal Energy Regulatory 

Commission, DOE.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Federal Energy 

Regulatory Commission (Commission), 

acting pursuant to section 206 of the 

Federal Power Act (FPA),1 is proposing 

to amend its regulations and to modify 

the market-based rate authority of 

current market-based rate sellers to 

establish a reporting obligation for 

changes in status that apply to public 

utilities authorized to make wholesale 

power sales in interstate commerce at 

market-based rates. In particular, the 

Commission proposes to amend its 

regulations to establish guidelines 

concerning the types of events that 

trigger this reporting obligation and to 

modify the market-based rate authority 

of current market-based rate sellers to 

ensure that all such events are timely 

reported to the Commission by 

eliminating the option to delay 

reporting of such events until 

submission of a market-based rate 

seller’s updated market power analysis. 

We propose that this reporting 

requirement be incorporated into the 

market-based rate tariff of each entity 

that is currently authorized to make 

sales at market-based rates, as well as 

that of all future applicants. The 

Commission seeks public comment on 

its proposal.

DATES: Comments are due November 15, 

2004.

ADDRESSES: Comments may be filed 

electronically via the eFiling link on the 

Commission’s Web site at http://

www.ferc.gov. Commenters unable to 

file comments electronically must send 

an original and 14 copies of their 

comments to: Federal Energy Regulatory 

Commission, Office of the Secretary, 

888 First Street, NE., Washington, DC, 

20426. Refer to the Comment 

Procedures section of the preamble for 

additional information on how to file 

comments.

FOR FURTHER INFORMATION CONTACT: 

Brandon Johnson, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–6143. 

Michelle Barnaby, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8407.

SUPPLEMENTARY INFORMATION: Before 

Commissioners: Pat Wood, III, 

Chairman; Nora Mead Brownell, Joseph 

T. Kelliher, and Suedeen G. Kelly. 

Notice of Proposed Rulemaking 

Introduction 

1. In order to facilitate our oversight 

of public utilities with market-based 

rate authority, to ensure that the rates 

being charged continue to be just and 

reasonable and to give guidance to 

market participants to facilitate 

compliance with the Commission’s 

reporting requirements, this Notice of 

Proposed Rulemaking proposes to 

standardize and clarify market-based 

rate sellers’ reporting requirement for 

changes in status. In previous orders 

authorizing wholesale power sales in 

interstate commerce at market-based 

rates, the Commission has required 

market-based rate sellers to inform the 

Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 61181

2 16 U.S.C. 824d(a) (2000).

3Revised Public Utility Filing Requirements, 

Order No. 2001, 67 FR 31043 (May 8, 2002), III 

FERC Stats. & Regs. ¶ 31,127 (Apr. 25, 2002). The 

required data sets for contractual and transaction 

information are described in Attachments B and C 

of Order No. 2001.

4See, e.g., Entergy Services, Inc., 58 FERC 

¶ 61,234 (1992); Louisville Gas & Electric, 62 FERC 

¶ 61,016 (1993).

5See, e.g., Citizens Power & Light Corporation, 48 

FERC ¶ 61,210 (1989); Enron Power Marketing, 65 

FERC ¶ 61,305 (1993); InterCoast Power Marketing 

Co., 68 FERC ¶ 61,248 (1994).

6See, e.g., Morgan Stanley Capital Group, Inc., 69 

FERC ¶ 61,175 (1994).

7See, e.g., AEP Power Marketing, Inc., 76 FERC 

¶ 61,307 at 62,516 (1996); Montaup Electric Co., 85 

FERC ¶ 61,313 at 62,232 (1998); Sithe/

Independence Power Partners, 101 FERC ¶ 61,210 at 

61,907 (2002).

8The Commission’s regulations define ‘‘affiliated 

companies’’ as ‘‘companies or persons that directly, 

or indirectly through one or more intermediaries, 

control, or are controlled by, or are under common 

control with, the [subject] company.’’ 18 CFR 101 

(2004). See also 18 CFR 161.2 (2004); Morgan 

Stanley Capital Group, et al., 72 FERC ¶ 61,082 

(1995).

Commission of any change in status that 

would reflect a departure from the 

characteristics the Commission relied 

upon in authorizing sales at marketbased rates. Some sellers were given the 

option of filing a new market analysis 

every three years in lieu of reporting 

changes in status on an ongoing basis. 

Others were given the option to report 

such changes every three years in 

conjunction with an updated market 

analysis. With respect to the events that 

qualify as a change in status, the 

Commission has stated that they 

include, but are not limited to: (1) 

Ownership of generation or 

transmission facilities or inputs to 

electric power production other than 

fuel supplies; or (2) affiliation with any 

entity not disclosed in the filing that 

owns generation or transmission 

facilities or inputs to electric power 

production or affiliation with any entity 

that has a franchised service area. 

2. We propose to impose uniform 

standards on all market-based rate 

sellers by eliminating the option to 

delay reporting changes in status until 

submission of the triennial review, or to 

file a triennial review in lieu of 

reporting changes in status as they 

occur. To that end, acting pursuant to 

section 206 of the FPA, we propose to 

amend our regulations and to modify 

the market-based rate authority of 

current market-based rate sellers to 

include the requirement to timely report 

to the Commission any change in status 

that would reflect a departure from the 

characteristics the Commission relied 

upon in granting market-based rate 

authority. We propose that this 

reporting requirement be incorporated 

into the market-based rate tariff of each 

entity that is currently authorized to 

make sales at market-based rates, as well 

as that of all future applicants. We 

propose that notice of such changes in 

status be filed no later than 30 days after 

the change in status occurs. As 

discussed below, we seek public 

comment on our proposal. 

Background 

3. The Commission has a statutory 

duty under the FPA to ensure that rates 

charged by public utilities authorized to 

make wholesale sales in interstate 

commerce at market-based rates are just 

and reasonable.2 The Commission uses 

a four-part test to determine whether to 

grant a public utility market-based rate 

authority. That test examines whether 

the applicant or its affiliates possess the 

potential to exercise market power by 

considering generation market power, 

transmission market power, barriers to 

entry, and the potential for affiliate 

abuse or reciprocal dealing. Sellers 

authorized to make sales at marketbased rates are then required to file 

electric quarterly reports containing a 

summary of the contractual terms and 

conditions in every effective service 

agreement for market-based power sales 

and transaction information for their 

market-based rate sales during the most 

recent calendar quarter.3

4. The Commission has also required 

that market-based rate sellers report any 

changes in status that would reflect a 

departure from the characteristics the 

Commission relied upon in its existing 

grant of market-based rate authority. 

When the Commission first granted 

market-based rate authorizations, it 

required traditional utilities that 

satisfied the Commission’s initial 

market power review to file an updated 

market power analysis every three years 

to allow the Commission to monitor 

competitive conditions and to 

determine whether the applicants still 

satisfied our market power concerns.4

Power marketers, on the other hand, 

were required to promptly notify the 

Commission of changes in status.5

Subsequently, the Commission has 

allowed market-based-rate sellers to 

choose between promptly reporting 

changes in status, filing a three-year 

update in lieu of reporting changes in 

status as they occurred,6 or reporting 

such changes in conjunction with the 

updated market analysis.7 The 

Commission reserved the right to 

require such an analysis at any time. 

The Commission proposes to continue 

to reserve this right.

5. To carry out its statutory duty 

under the FPA to ensure that marketbased rates are just and reasonable, the 

Commission must rely on market-based 

rate sellers to provide accurate, up-todate information regarding any relevant 

changes in status, such as ownership or 

control of jurisdictional facilities and 

affiliate relationships. In contrast to 

when the Commission first began to 

authorize market-based rate sales, 

wholesale markets now have many more 

sellers of different types (e.g., 

independent power producers, power 

marketers, affiliated generators). As 

markets have expanded and developed, 

both the number and types of sellers 

have increased and the complexity of 

wholesale markets has increased. 

Furthermore, market structure is rapidly 

evolving due to restructuring, corporate 

realignments and new types of 

contractual and subcontracting 

arrangements, in which utilities 

increasingly grant other firms control 

and/or influence over managing various 

aspects of their business such as power 

marketing. In light of these structural 

changes, the Commission has concluded 

that more timely reporting of changes in 

status is necessary. 

6. We believe that, in today’s electric 

industry, granting market-based rate 

sellers the option to delay reporting 

changes in status by up to three years 

does not provide the Commission with 

sufficient information to provide 

effective oversight of electricity markets. 

7. Therefore, the Commission 

proposes to eliminate the option to 

delay reporting changes in status until 

the next triennial review, or to file a 

triennial review in lieu of promptly 

reporting changes in status, and to 

standardize the change in status 

reporting requirement. Accordingly, the 

proposed regulations would require 

that, as a condition of obtaining and 

retaining market-based rate authority, 

all sellers will be required to timely 

report to the Commission any change in 

status that would reflect a departure 

from the characteristics the Commission 

relied upon in granting market-based 

rate authority. 

8. With respect to the types of events 

that should trigger the reporting 

obligation, the Commission proposes 

that, as an initial matter, the following 

events would qualify as changes in 

status: (1) Ownership or control of 

generation or transmission facilities or 

inputs to electric power production; or 

(2) affiliation with any entity not 

disclosed in the filing that owns or 

controls generation or transmission 

facilities or inputs to electric power 

production or affiliation with any entity 

that has a franchised service area.8

61182 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 

9See, e.g., Citizens Power & Light Corp., 48 FERC 

¶ 61,210 (1989). In this order, we stated that: 

‘‘[u]sually, the source of market power is dominant 

or exclusive ownership of the facilities. However, 

market power also may be gained without 

ownership. Contracts can confer the same rights of 

control. Entities with contractual control over 

transmission facilities can withhold supply and 

extract monopoly prices just as effectively as those 

who control facilities through ownership.’’

10See AEP Power Marketing, Inc., et al., 107 

FERC ¶ 61,018 at P 95 (2004), order on reh’g, 108 

FERC ¶ 61,026 at P 65 (2004); Inquiry Concerning 

the Commission’s Merger Policy Under the Federal 

Power Act: Policy Statement, Order No. 592, 61 FR 

68595 (1996), FERC Stats. & Regs., Regulations 

Preambles July 1996-December 2000 ¶ 31,044 

(1996), reconsideration denied, Order No. 592-A, 62 

FR 33341 (1997), 79 FERC ¶ 61,321 (1997) (Merger 

Policy Statement); see also Revised Filing 

Requirements Under Part 33 of the Commission’s 

Regulations, Order No. 642, 65 FR 70983 (2000), 

FERC Stats. & Regs., Regulations Preambles July 

1996-December 2000 ¶ 31,111 at note 39 (2000), 

order on reh’g, Order No. 642-A, 66 FR 16121 

(2001), 94 FERC ¶ 61,289 (2001).

11El Paso Electric Power Co., et al., 108 FERC 

¶ 61,071 at P 14 (2004), reh’g pending. 12 5 CFR 1320.11 (2004).

9. Although the market-based rate 

change in status provision has not 

specifically referenced ‘‘control’’ of 

assets, we have historically considered 

control of an asset to be a factor on 

which we rely in granting market-based 

rate authority. In order to eliminate any 

market uncertainty, we propose that the 

regulations specifically reference 

‘‘control’’ as well as ownership as a 

factor relied upon by the Commission. 

In the Commission’s early orders 

granting market-based rate authority, we 

acknowledged that sellers may exercise 

market power through contractual 

arrangements granting them control of 

generation or transmission facilities just 

as effectively as they could through 

ownership.9 Similarly, the 

Commission’s guidelines for the 

assessment of mergers and its generation 

market power analysis for market-based 

rate authority provide that, for the 

purposes of the market power analysis, 

the capacity associated with contracts 

that confer operational control of a 

given facility to an entity other than the 

owner must be assigned to the entity 

exercising control over that facility, 

rather than to the entity that is the legal 

owner of the facility.10 In addition, with 

respect to notifications of changes in 

status, the Commission has found that 

an entity controls the facilities of 

another when it controls the decisionmaking authority over sales of electric 

energy, including discretion as to how, 

when and to whom it could sell power 

generated by these facilities.11

10. The Commission’s general 

practice has been to require 

notifications of changes in status when 

the market-based rate applicant 

obtained ownership of new inputs to 

electric power production, other than 

fuel supplies. However, since the 

Commission is interested in being 

informed of significant acquisition of 

ownership or control of any inputs to 

electric power production, we propose 

to require a reporting obligation to this 

effect. The Commission seeks comments 

on this proposal. 

11. We recognize that the language in 

the proposed regulations may be 

susceptible to different interpretations 

among market-based rate sellers 

concerning the scope of their reporting 

requirement. Accordingly, we seek 

public comment as to whether and how 

this language should be modified to 

ensure that the types of changes in 

status that could impact the continued 

basis of a grant of market-based rate 

authority are identified and timely 

reported to the Commission. 

12. For example, should there be a 

threshold level of increases in 

generation (such as generation addition 

through acquisition, self-build, longterm power purchases, repowering) that 

would trigger the reporting 

requirement? If so, what amount of 

increase in generation should trigger the 

reporting requirement? 

13. Should the applicant have a 

reporting requirement if portions of the 

applicant’s transmission system are 

taken out of service for a significant 

period of time (thus potentially affecting 

the scope of the relevant geographic 

market)? If so, what criteria should 

trigger this reporting requirement? 

14. Beyond ownership or control of 

generation or transmission facilities or 

inputs to electric power production and 

affiliation with any entity not disclosed 

in the filing that owns or controls 

generation or transmission facilities or 

inputs to electric power production or 

affiliation with any entity that has a 

franchised service area, we seek 

comment as to whether there are other 

arrangements, contractual or otherwise, 

that should be promptly reported to the 

Commission. For example: 

• What types of arrangements, 

contractual or otherwise, do marketbased rate sellers enter into that could 

cause a need for the Commission to 

revisit the continuing basis of the grant 

of market-based rate authority for such 

sellers? 

• What threshold of materiality, if 

any, of such arrangements should be 

met before such arrangements need be 

reported to the Commission? 

• Should marketing alliances, 

brokering arrangements, tolling 

agreements or other sales-oriented 

arrangements be reported? 

15. With respect to the form and 

content of such reports, we propose that 

the market-based rate seller be required 

to submit a transmittal letter including 

a description of the change in status and 

a narrative explaining whether (and, if 

so, how) this change in status reflects a 

departure from the characteristics relied 

upon by the Commission in originally 

granting the seller market-based rate 

authority, in particular whether the 

change in status affects the results of 

any of the prongs of the four-part test 

that the Commission uses to determine 

whether a public utility qualifies for 

market-based rate authority (i.e.

generation market power, transmission 

market power, barriers to entry, affiliate 

abuse/reciprocal dealing). If the marketbased rate seller believes that a change 

in status does not affect the continuing 

basis of the Commission’s grant of 

market-based rate authority, it should 

clearly state the reasons on which it 

bases this conclusion. 

16. In addition to including this 

reporting requirement in the 

Commission’s regulations, we propose 

that this reporting requirement be 

incorporated into the market-based rate 

tariff of each entity that is currently 

authorized to make sales at marketbased rates, as well as that of all future 

applicants. Market-based rate sellers 

would be required to submit a 

conforming provision to their marketbased rate tariffs at the time that they 

file any amendment to their tariffs or (if 

earlier) when they apply for continued 

authorization to sell at market-based 

rates (e.g., in their three-year updated 

market power analysis). However, the 

Commission proposes that the 

obligation to report be effective at the 

time that the Final Rule becomes 

effective.

17. With respect to the procedures for 

reporting notifications of changes in 

status, the proposed rule requires that 

such notifications be filed no later than 

30 days after the occurrence of the 

triggering event. We seek comment as to 

whether this proposed time period is 

appropriate. 

Information Collection Statement 

18. Office of Management and Budget 

(OMB) regulations require OMB to 

approve certain information collection 

requirements imposed by agency rule.12

Comments are solicited on the 

Commission’s need for this information, 

whether the information will have 

practical utility, the accuracy of 

provided burden estimates, ways to 

enhance the quality, utility and clarity 

of the information to be collected, and 

any suggested methods for minimizing 

Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 61183

13Order No. 486, Regulations Implementing the 

National Environmental Policy Act, 52 FR 47897 

(Dec. 17, 1987), FERC Stats. & Regs. Preambles 

1986–1990 ¶ 30,783 (Dec. 10, 1987).

14 18 CFR 380.4(a)(2)(ii) (2004).

15 5 U.S.C. 601–612 (2000).

16The RFA definition of ‘‘small entity’’ refers to 

the definition provided in the Small Business Act, 

which defines a ‘‘small business concern’’ as a 

business which is independently owned and 

operated and which is not dominant in its field of 

operation. 15 U.S.C. 632 (2000). The Small Business 

Size Standards component of the North American 

Industry Classification System defines a small 

electric utility as one that, including its affiliates, 

is primarily engaged in the generation, 

transmission, and/or distribution of electric energy 

for sale and whose total electric output for the 

preceding fiscal years did not exceed 4 million 

MWh. 13 CFR 121.201 (Section 22, Utilities, North 

American Industry Classification System, NAICS) 

(2004).

respondents’ burden, including the use 

of automated information techniques.

19. Estimated Annual Burden: To 

satisfy the reporting requirement, the 

Commission expects respondents to 

submit a transmittal letter including a 

description of the change in status and 

a narrative explaining whether (and, if 

so, how) this change in status reflects a 

departure from the characteristics relied 

upon by the Commission in originally 

granting the seller market-based rate 

authority. The Commission estimates 

that, on average, it will take respondents 

six hours per response and that 

approximately 25 percent of current 

market-based rate sellers would 

experience a change in status in any 

given year.

Data collection Number of

respondents 

Number of 

hours 

Number of

responses 

Total annual 

hours 

FERC–516 ....................................................................................................... 1,238 6 .20 1,486

Title: Electric Rate Schedules and 

Filings, Reporting Requirement for 

Changes in Status For Public Utilities 

With Market-Based Rate Authority 

(FERC–516). 

Action: Proposed Collection. 

OMB Control No.: 1902–0096. 

Respondents: Businesses or other for 

profit. 

Frequency of Responses: On occasion. 

Necessity of Information: The 

proposed regulations will revise marketbased rate sellers’ reporting obligation 

and are intended to ensure that rates 

and terms of service offered by marketbased rate sellers remain just and 

reasonable. 

Internal review: The Commission has 

reviewed the proposed amendment to 

its regulations to establish a reporting 

obligation for changes in status and has 

determined that these regulations are 

necessary to ensure just and reasonable 

rates. These regulations, moreover, 

conform to the Commission’s plan for 

efficient information collection, 

communication, and management 

within the electric utility industry. The 

Commission has assured itself, by 

means of internal review, that there is 

specific, objective support for the 

burden estimates associated with the 

information/data retention 

requirements. 

20. Interested persons may obtain 

information on the reporting 

requirements by contacting: Federal 

Energy Regulatory Commission, 888 

First Street, NE, Washington, DC 20426, 

Attention: Michael Miller, Office of the 

Executive Director, phone: (202) 502–

8415, fax: (202) 273–0873, e-mail: 

michael.miller@ferc.gov. Comments on 

the proposed requirements of the 

subject rule may also be sent to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Washington, DC 20503, 

Attention: Desk Officer for the Federal 

Energy Regulatory Commission, phone: 

(202) 395–4650. 

Environmental Analysis 

21. The Commission is required to 

prepare an Environmental Assessment 

or an Environmental Impact Statement 

for any action that may have a 

significant adverse effect on the human 

environment.13 The Commission has 

categorically excluded certain actions 

from this requirement as not having a 

significant effect on the human 

environment. Included in the exclusion 

are rules that are clarifying, corrective, 

or procedural or that do not 

substantially change the effect of the 

regulations being amended.14 This 

proposed rule, if finalized, is procedural 

in nature and therefore falls under this 

exception; consequently, no 

environmental consideration would be 

necessary.

Regulatory Flexibility Act Certification 

22. The Regulatory Flexibility Act of 

1980 (RFA)15 generally requires a 

description and analysis of final rules 

that will have significant economic 

impact on a substantial number of small 

entities.16 The Commission is not 

required to make such analyses if a rule 

would not have such an effect.

23. The Commission does not believe 

that the proposed amendment to our 

regulations would have such an impact 

on small entities. Based on past 

experience, most of the sellers having 

changes in status that would likely 

trigger a filing under the proposed 

regulations would be entities that do not 

meet the RFA’s definition of a small 

entity. Therefore, the Commission 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Comment Procedures 

24. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due November 15, 2004. 

Comments must refer to Docket No. 

RM04–14–000, and must include the 

commenter’s name, the organization 

they represent, if applicable, and their 

address in their comments. 

25. Comments may be filed 

electronically via the eFiling link on the 

Commission’s Web site at http://

www.ferc.gov. The Commission accepts 

most standard word processing formats 

and commenters may attach additional 

files with supporting information in 

certain other file formats. Commenters 

filing electronically do not need to make 

a paper filing. Commenters that are not 

able to file comments electronically 

must send an original and 14 copies of 

their comments to: Federal Energy 

Regulatory Commission, Office of the 

Secretary, 888 First Street NE., 

Washington, DC 20426. 

26. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

Document Availability 

27. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. Eastern time) at 888 First 

61184 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 

Street, NE., Room 2A, Washington, DC 

20426.

28. From FERC’s Home Page on the 

Internet, this information is available in 

the Commission’s document 

management system, eLibrary. The full 

text of this document is available on 

eLibrary in PDF and Microsoft Word 

format for viewing, printing, and/or 

downloading. To access this document 

in eLibrary, type the docket number 

excluding the last three digits of this 

document in the docket number field. 

29. User assistance is available for 

eLibrary and the FERC’s website during 

normal business hours. For assistance, 

please contact FERC Online Support at 

1–866–208–3676 (toll free) or 202–502–

6652 (e-mail at 

FERCOnlineSupport@FERC.gov), or the 

Public Reference Room at 202–502–

8371, TTY 202–502–8659 (e-mail at 

public.referenceroom@ferc.gov).

List of Subjects in 18 CFR Part 35 

Electric power, Reporting and 

recordkeeping requirements.

By direction of the Commission. 

Magalie R. Salas, 

Secretary.

In consideration of the foregoing, the 

Commission proposes to amend Part 35, 

Chapter I, Title 18 of the Code of 

Federal Regulations, as set forth below:

PART 35—FILING OF RATE 

SCHEDULES AND TARIFFS 

1. The authority citation for part 35 

continues to read as follows:

Authority: 16 U.S.C. 791a–825r, 2601–

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.

2. In § 35.27, paragraph (c) is added to 

read as follows:

§ 35.27 Power sales at market-based rates.

* * * * *

(c) Reporting requirement. Any public 

utility with the authority to engage in 

sales for resale of electric energy in 

interstate commerce at market-based 

rates shall be subject to the following: 

(1) As a condition of obtaining and 

retaining market-based rate authority, a 

public utility with market-based rate 

authority must timely report to the 

Commission any change in status that 

would reflect a departure from the 

characteristics the Commission relied 

upon in granting market-based rate 

authority. A change in status includes, 

but is not limited to each of the 

following: 

(i) Ownership or control of generation 

or transmission facilities or inputs to 

electric power production, or 

(ii) Affiliation with any entity not 

disclosed in the application for marketbased rate authority that owns or 

controls generation or transmission 

facilities or inputs to electric power 

production or affiliation with any entity 

that has a franchised service area. 

(2) Any change in status subject to 

paragraph (c)(1) of this section must be 

filed no later than 30 days after the 

change in status occurs.

[FR Doc. 04–23136 Filed 10–14–04; 8:45 am] 

BILLING CODE 6717–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CC Docket No. 98–170; CG Docket No; 04–

244; FCC 04–162] 

Policies and Rules Governing 

Interstate Pay-Per-Call and Other 

Information Services Pursuant to the 

Telecommunications Act of 1996; 

Truth-in-Billing and Billing Format

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rules.

SUMMARY: In this document, the 

Commission seeks comment on how 

best to protect consumers and foster 

legitimate businesses that offer 

audiotext information services, 

including those that use 900 numbers 

and toll-free numbers.

DATES: Comments are due on or before 

November 15, 2004 and reply comments 

are due on or before November 29, 2004. 

Written comments on the Paperwork 

Reduction Act (PRA) proposed 

information collection requirements 

must be submitted by the public, Office 

of Management and Budget (OMB), and 

other interested parties on or before 

December 14, 2004.

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the Secretary, a 

copy of any comments on the 

Paperwork Reduction Act (PRA) 

information collection requirements 

contained herein should be submitted to 

Judith B. Herman, Federal 

Communications Commission, Room 1–

C804, 445 12th Street, SW., Washington, 

DC 20554, or via the Internet to JudithB.Herman@fcc.gov, and to Kristy L. 

LaLonde, OMB Desk Officer, Room 

10234 NEOB, 725 17th Street, NW., 

Washington, DC 20503, via the Internet 

to Kristy_L. LaLonde@omb.eop.gov, or 

via fax at 202–395–5167.

FOR FURTHER INFORMATION CONTACT:

Ruth Yodaiken, of the Consumer & 

Government Affairs Bureau at (202) 

418–2512 (voice), or e-mail 

ruth.yodaiken@fcc.gov. For additional 

information concerning the PRA 

information collection requirements 

contained in this document, contact 

Judith B. Herman at (202) 418–0214, or 

via the Internet at JudithB.Herman@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM), adopted 

July 1, 2004, and released July 16, 2004. 

This Notice of Proposed Rulemaking 

(NPRM), Policies and Rules Governing 

Interstate Pay-Per-Call and Other 

Information Services, and Toll-free 

Number Usage; Truth-in-Billing and 

Billing Format, CC Docket No. 98–170, 

CG Docket No. 04–244; FCC 04–162, 

contains proposed information 

collection requirements. It will be 

submitted to the Office of Management 

and Budget (OMB) for review under the 

Paperwork Reduction Act (PRA). OMB, 

the general public, and other federal 

agencies are invited to comment on the 

proposed information collection(s) 

contained in these proceedings. On July 

16, 2004, the Commission also released 

a Memorandum Opinion and Order 

(MO&O), Policies and Rules Governing 

Interstate Pay-Per-Call and Other 

Information Services Pursuant to the 

Telecommunications Act of 1996; 

Policies and Rules Implementing the 

Telephone Disclosure and Dispute 

Resolution Act, Florida Public Service 

Commission Petition to Initiate 

Rulemaking to Adopt Additional 

Safeguards; Application for Review of 

Advisory Ruling Regarding Directly 

Dialed Calls to International 

Information Services, CC Docket Nos. 

96–146 and 98–170, RM–8783, ENF–95–

20; FCC 04–162. The full text of this 

document is available on the 

Commission’s Web site Electronic 

Comment Filing System and for public 

inspection during regular business 

hours in the FCC Reference Center, 

Room CY–A257, 445 12th Street, SW., 

Washington, DC 20554. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov, or call 

the Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice) or 

(202) 418–0432 (TTY). This NPRM can 

also be downloaded in Word and 

Portable Document Format (PDF) at 

http://www.fcc.gov/cgb/policy/

paypercall.html.

Comments filed through the ECFS can 

be sent as an electronic file via the 

Internet to http://www.fcc.gov/e-file/

ecfs.html. Generally, only one copy of 

an electronic submission must be filed.