123 FERC ¶ 61,045 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

18 CFR Parts 35, 131, 154, 157, 250, 281, 

284, 300, 341, 344, 346, 347, 348, 375 and 385 

[Docket No. RM01-5-000] 

Electronic Tariff Filings 

(Issued April 17, 2008) 

AGENCY: Federal Energy Regulatory Commission. 

ACTION: Supplemental Notice of Proposed Rulemaking. 

SUMMARY: The Federal Energy Regulatory Commission is proposing to revise its 

previous Notice of Proposed Rulemaking for electronic tariff filing. The revised proposal 

would require that all tariffs and tariff revisions and rate change applications for the 

public utility, natural gas pipeline, and oil pipeline industries be filed electronically 

according to a set of standards developed in conjunction with the North American Energy 

Standards Board. These standards will enable the Commission to develop a tariff 

database for use by the Commission staff, the industry, and the public to view and 

research tariffs, and also provides companies the flexibility to design or purchase 

software for making tariff filings that best fits their business needs. Upon the effective 

date of a final rule in this proceeding, the Commission will no longer accept tariff filings 

submitted in paper format. 

DATES: Comments are due [30 days after publication in the FEDERAL REGISTER]
Docket No. RM01-5-000 - 2 - 

ADDRESSES: You may submit comments, identified by docket number by any of the 

following methods: 

• Agency Web Site: http://ferc.gov. Documents created electronically using word 

processing software should be filed in native applications or print-to-PDF format 

and not in a scanned format. 

• Mail/Hand Delivery: Commenters unable to file comments electronically must 

mail or hand deliver an original and 14 copies of their comments to: Federal 

Energy Regulatory Commission, Secretary of the Commission, 888 First Street, 

N.E., Washington, D.C. 20426. 

Instructions: For detailed instructions on submitting comments and additional 

information on the rulemaking process, see the Comment Procedures Section of this 

document. 

FOR FURTHER INFORMATION CONTACT: 

H. Keith Pierce (Technical Information) 

Office of Markets, Tariffs, and Rates 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, D.C. 20426 

(202) 502-8525 

Keith.Pierce@ferc.gov 

Anthony Barracchini (IT Information) 

Office of the Executive Director 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, D.C. 20426 

(202) 502-8940 

Anthony.Barracchini@ferc.gov 

Andre Goodson (Legal Information) 

Office of the General Counsel 

Federal Energy Regulatory Commission 
Docket No. RM01-5-000 - 3 - 

888 First Street, N.E. 

Washington, D.C. 20426 

(202) 502-8560 

Andre.Goodson@ferc.gov 

SUPPLEMENTARY INFORMATION:
UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Electronic Tariff Filings Docket No. RM01-5-000 

SUPPLEMENTAL NOTICE OF PROPOSED RULEMAKING 

TABLE OF CONTENTS

 Paragraph Numbers

I. Background .................................................................................................................... 2.

II. Discussion..................................................................................................................... 7.

A. Companies Required to File Tariffs Electronically ............................................... 13.

B. Filing Process ......................................................................................................... 14.

1. Procedures for Making Tariff Filings................................................................. 14.

2. XML Schema...................................................................................................... 20.

C. Tariff Filing Requirements..................................................................................... 22.

1. Sheets or Section Filing Requirements............................................................... 24.

2. Gas and Electric Open Access Transmission Tariffs ......................................... 27.

3. Versioning........................................................................................................... 31.

4. Clean and Marked Tariff Changes as Attachments............................................ 36.

5. Joint, Shared, and Section 206 Filings .............................................................. 39.

a. Joint Tariff Filings.......................................................................................... 40.

b. Shared Tariffs................................................................................................. 44.

c. Section 206 Filings Related to ISOs/RTOs.................................................... 49.

D. Other Business Practice Changes........................................................................... 52.

1. Electronic Service............................................................................................... 52.

2. Attachment Documents ...................................................................................... 53.

3. Withdrawal of Pending Tariff Filings and Amendments to Tariff Filings......... 54.

4. Motions............................................................................................................... 56.

5. Rate Sheets for Tariff Filings by Intrastate and Hinshaw Pipelines................... 57.

E. Transition Procedures ............................................................................................. 59.

1. Baseline Tariff Filings ........................................................................................ 59.

2. Testing, Implementation and Further Procedures .............................................. 64.

III. Information Collection Statement ............................................................................. 67.

IV. Environmental Analysis ............................................................................................ 72.

V. Regulatory Flexibility Act Certification..................................................................... 73.
Docket No. RM01-5-000 ii 

VI. Comment Procedures ................................................................................................ 74.

VII. Document Availability............................................................................................. 78.
UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Electronic Tariff Filings Docket No. RM01-5-000 

SUPPLEMENTAL NOTICE OF PROPOSED RULEMAKING 

(Issued April 17, 2008) 

1. In a Notice of Proposed Rulemaking (NOPR) issued on July 8, 2004, the 

Commission proposed to require public utilities, gas and oil pipelines to file tariff and 

tariff related material electronically.1

 The Commission’s initial proposal contemplated 

that tariff filings would be made using electronic tariff filing software developed by the 

Commission. Based on the comments on the initial proposal, the Commission staff in 

collaboration with the wholesale electric and gas quadrants of the North American 

Energy Standards Board (NAESB), and representatives from the Association of Oil 

Pipelines (AOPL) have developed a set of standards to be used by companies in making 

tariff and tariff related filings at the Commission. The Commission is proposing to adopt 

those standards as the requirement for making tariff and tariff related filings. As a result 

of the adoption of these standards, and additional considerations raised in the comments 

at NAESB, the Commission is proposing several revisions to the manner in which 

companies will make tariff and tariff related filings. 

 1

 Electronic Tariff Filings, Notice of Proposed Rulemaking, 69 FR 43,929 

(July 23, 2004) FERC Stats. & Regs., Proposed Regulations ¶ 32,575 (2004) (2004 

NOPR), Notice of Additional Proposals and Procedures, 70 FR 40941 (July 15, 2005), 

FERC Stats. & Regs., Proposed Regulations ¶ 35,551 (2005), 112 FERC ¶ 61,043 (2005 

Notice). 
Docket No. RM01-5-000 - 2 - 

I. Background

2. In the 2004 NOPR, the Commission proposed to require public utilities, power 

administrations, interstate and intrastate gas pipelines, and oil pipelines to file tariff and 

tariff related material electronically. The Commission proposed to develop an electronic 

tariff database to store tariff and tariff related information for retrieval by Commission 

staff and the public. In order to implement a tariff database system that would permit 

such functionality, Commission staff developed a software system for tariff filings 

similar to that used in filing forms with the Commission. Commission staff worked with 

many industry representatives and experts to test this software and held public meetings 

to demonstrate and receive comment on the software. Based on these efforts, the 

Commission, in the 2005 Notice, proposed two changes to the 2004 NOPR intended to 

ease utilities’ burdens in complying and to expand the efficiency of the electronic filing 

process. 

3. Comments were filed on the proposed changes to the regulations and the 

software.2

 While some of the commenters supported using the Commission-provided 

software as an acceptable solution, others were concerned that this software might not 

work well for making tariff filings. Some also were concerned that the Commission 

software would not integrate well with their existing tariff management systems and that 

 2

 Comments on the proposed changes and the software were due August 1, 2005 

and May 31, 2006, respectively. 
Docket No. RM01-5-000 - 3 - 

formatting tariffs to fit the parameters of the software could be difficult or time 

consuming. 

4. As a result of the review of the comments, on February 1, 2007, a public meeting 

was held with NAESB to discuss NAESB’s assistance in the process of developing the 

protocols, standards, and data formats needed to provide tariff and related data to enable 

the Commission to develop a database to track electronic tariff and rate schedules filings. 

At the meeting, NAESB agreed to develop these standards and report back to the 

Commission. 

5. NAESB established two committees, a business eTariff Subcommittee and an 

eTariff Technical Task Force. These committees included representatives from the 

wholesale natural gas industry, wholesale electric industry, oil pipelines, and intrastate 

natural gas pipelines who worked along with Commission staff to develop the applicable 

standards. Between February 1, 2007 and January 23, 2008, these committees held a 

total of 16 meetings in various cities over 24 days. An average of 61 people participated 

in these meetings either in person or by electronic conferencing. The Executive 

Committees for both the Wholesale Gas and Wholesale Electric Quadrants of NAESB 

approved the standards on March 4, 2008, and the NAESB membership ratified the 

standards on April 4, 2008. 

6. On April 15, 2008, NAESB filed the standards with the Commission along with a 

record of the NAESB proceedings. This material included questions about the policies to 

be followed in using the standards to make tariff filings. NAESB also provided a 

copyright waiver stating: “While the eTariff standards are copyrighted by NAESB, a 
Docket No. RM01-5-000 - 4 - 

limited waiver is granted to the FERC to modify and post any excerpts of the eTariff 

standards and eTariff work products that they deem appropriate. These excerpts will be 

available for companies to reproduce only for their own internal use.” 

II. Discussion

7. We want to thank NAESB, and its Board of Directors, for taking on this somewhat 

out of the ordinary project of working with the Commission staff to develop standards for 

tariff filings with the Commission. We particularly want to thank the numerous 

volunteers, and the companies who sponsored them, from the gas, electric, and oil 

industries who spent countless hours developing the business and technical standards as 

well as evaluating how the standards could be used to make a broad array of different 

filings. The meetings provided a valuable opportunity for the exchange of ideas and 

concerns among the industries and Commission staff. As a result, we are proposing to 

revise our regulations and procedures to accommodate the way industry maintains tariffs. 

We believe that the protocols and standards that have been developed will provide a 

robust framework for the filing of tariff and tariff related materials with the Commission 

and the development of a Commission database to enable staff, industry, and the public to 

access and search those data. 

8. With the advent of eFiling 7.0, the Commission has been expanding its ability to 

receive electronic filings through its eFiling and eLibrary systems. While eLibrary works 

very well as a document repository that stores, and permits retrieval of, all documents 

filed in individual docketed proceedings, it is not well suited to the processing of tariff 

and tariff related filings. Tariff filings occur in many different dockets over time, and in 
Docket No. RM01-5-000 - 5 - 

order for the Commission and the public to obtain a complete picture of a company’s 

tariff, these various provisions need to be integrated into a single system that will provide 

information as to the status of tariff provisions, permit the assembly of a complete tariff, 

and permit tariff related research. Prior to the advent of electronic filing, the Commission 

would keep tariff books, open to the public, in which new pages would be inserted to 

reflect revisions and ensure that the tariff reflects the currently effective tariff.3

 The 

provision of an electronic database of company tariffs will make such information 

available more efficiently and to a broader audience. 

9. The database will provide easier access to tariffs and allow the viewing of 

proposed tariff sections in context. One of the principal benefits of such a database is the 

ability to do historical research into tariffs. For example, proceedings such as complaints 

may involve past tariff provisions that have already been revised by the utility by the time 

the complaint is considered by the Commission. In order to expeditiously process such 

filings, the Commission, the parties, and the public need to be able to obtain the tariff 

provision that applies to the time period under review, rather than the currently effective 

tariff provision.4

 3

 In fact, companies themselves would often arrange to view those tariffs to try 

and recreate either effective tariffs or the tariff in effect during the time period of a 

particular proceeding. 

4

 See FPL Energy Marcus Hook, L.P. v. PJM Interconnection, LLC, 118 FERC 

¶ 61,169, at P 11, n.9 (2007) (parties litigated a complaint case based on a superseded 

tariff provision). 
Docket No. RM01-5-000 - 6 - 

10. The set of NAESB protocols and standards provides a foundation for building 

such a database. The standards define an extensible markup language (XML) schema5

that will permit filers to assemble a filing package that includes the tariff changes, the 

accompanying tariff-related documents, such as the transmittal letter, rate schedules, and 

spreadsheets that are required to accompany various tariff filings, and other required 

information such as the proposed effective date of the filing. Upon the receipt of the 

filing electronically, the XML schema will enable the Commission to parse6

 (divide) the 

filed package into its component parts, place the filed documents into its eLibrary system, 

organize the tariff database and provide a metadata7

 that will permit the Commission and 

the public to search that database. 

 5

 XML schemas facilitate the sharing of data across different information systems, 

particularly via the Internet, by structuring the data using tags to identify particular data 

elements. For example, each filed tariff change will include tags for the relevant 

information, such as the utility name, the tariff section being changed, the name for that 

section, the effective date, and certain sections of tariff text. The tagged information 

could then be extracted and separately searched. 

6

 Parse means to capture the hierarchy of the text in the XML file and transform it 

into a form suitable for further processing. 

7

 The term metadata is based on the Greek word “meta” meaning after or beyond 

and in epistemology means “about.” Thus, metadata is data or information beyond or 

about other data. Digital Libraries, by William Arms (M.I.T. Press 2000), 

http://www.cs.cornell.edu/wya/DigLib/MS1999/Chapter1.html (visited April 11, 2008); 

The University of Queensland, http://www.library.uq.edu.au/iad/ctmeta4.html (visited 

April 11, 2008); The Linux Information Project, http://www.linfo.org/metadata.html

(visited April 11, 2008). For example, in the XML schema, one required element is a 

proposed effective date and another element is the text of the tariff provision. The 

proposed effective date would be considered metadata relative to the tariff text. 
Docket No. RM01-5-000 - 7 - 

11. The NAESB standards and protocols also will provide flexibility to companies 

making tariff filings. In contrast to the Commission’s prior approach, the standards will 

enable each regulated company to design or purchase software for creating tariff filings 

that will best accommodate its filing patterns and the needs of its business. 

12. As a result of using the NAESB XML standards, we needed to make revisions in 

the regulations we previously proposed and in the method by which tariff related filings 

will be made at the Commission. In addition, several issues were raised regarding 

Commission policies for filing tariffs in the comments filed with NAESB. We address 

these issues below. Some of the most significant changes and proposals are the 

following: 

• Tariffs8

 may be filed either using the current sheet based nomenclature or 

using section-based numbering at the choice of the filer.9

• Tariffs may be filed as entire documents in either of two electronic formats, 

RTF10 or PDF,11 except with respect to open access transmission tariffs for 

electric utilities and interstate natural gas companies which would have to be 

filed as individual sheets or as sections in RTF format as defined in the 

proposed regulations. 

 8

 The term tariff is used herein to refer to tariffs, rate schedules, jurisdictional 

contracts, and other jurisdictional agreements that are required to be on file with the 

Commission. 

9

 Section-based filings will not have to include the sheet based nomenclature as a 

header or footer on the tariff page. 

10 RTF refers to Rich Text Format which is a standardized textual format that can 

be produced by a number of word processors. 

11 PDF refers to Portable Document Format which is a format used for 

representing documents that closely resembles the original formatting of the document. 
Docket No. RM01-5-000 - 8 - 

• Tariff filings can be served electronically using the same approach used for 

electronic service of other Commission filings. 

• Filings of joint tariffs (tariffs covering two regulated entities) may be made 

with a single tariff filing by the entity designated to make the filing. 

• Tariff filings for tariffs shared among companies (such as RTO tariffs) can be 

made individually by any of the companies with rights to file tariff changes. 

• During initial baseline implementation of electronic tariff filing, only open 

access transmission tariffs and agreements need to be filed. 

• After implementation of electronic tariff filing, all new tariffs and agreements 

must be filed using the standards. Existing agreements need to be filed only 

when they are revised. 

A. Companies Required to File Tariffs Electronically

13. The companies or entities covered by this NOPR are those that submit tariffs, 

rates, or contracts with the Commission pursuant to the Natural Gas Act (NGA), the 

Natural Gas Policy Act of 1978 (NGPA), the Federal Power Act (FPA), the Interstate 

Commerce Act (ICA), the Flood Control Act, the Bonneville Power Act, the Northwest 

Power Planning Act, any other relevant statutes. Included among the companies or 

entities proposed to be covered by requirement are: regional transmission organizations 

(RTOs) and independent system operators (ISOs); power authorities and federal power 

marketing administrations which file rates, contracts, or tariffs at the Commission; 

intrastate natural gas pipelines that file rates and operating conditions pursuant to the 

NGPA; interstate natural gas pipelines subject to the NGA which serve only an industrial 

customer; and companies or entities that may make voluntary tariff filings, such as 

reciprocity filings pursuant to Order No. 888. 
Docket No. RM01-5-000 - 9 - 

B. Filing Process

1. Procedures for Making Tariff Filings

14. Using the new XML schema, companies will make tariff related filings using the 

existing eFiling portal. As described below, the filing process will be modified slightly 

from the current eFiling process, in particular to include a company registration that will 

provide increased security for the filing, as well as additional email notifications of 

potential problems with the filing. 

15. The person making a tariff filing must have previously registered in eFiling 

(Filer). Upon successfully logging into the FERC eFiling portal, the Filer will be 

presented with the introductory screen indicating success in accessing the site, and 

presented with a link to the filing creation part of the site, which will include an option to 

make a Tariff filing (eTariff portal). 

16. The eTariff filing portal will prompt the Filer to enter the company identification 

number assigned during the company registration process and an associated password. 

After successfully passing this step, the Filer will upload an eTariff XML filing package 

that conforms to the XML schema. Once the filing is uploaded, the eFiling web page will 

indicate the filing has been submitted. 

17. After the filing has been submitted, a Confirmation of Receipt will be e-mailed to 

both the email address of the Filer and to the email address on file with FERC for the 

company identification number. This e-mail only acknowledges the receipt of the filing 

through the eFiling portal, provides a timestamp, and indicates that the filing is placed in 

the queue to be processed. 
Docket No. RM01-5-000 - 10 - 

18. The XML filing package will be validated programmatically by an eTariff 

verification process. Depending upon the success of the verification process, a number of 

emails will be sent. 

• If the verification is completed successfully, an e-mail will be sent to the 

validation e-mail address provided in the XML package and to the e-mail address 

associated with the company whose tariff is being revised.12 This email means 

only that the filing has passed the validation, not that it has been officially 

accepted by the Secretary of the Commission. 

• If the XML filing package can be parsed (and the validation e-mail address can be 

obtained), but the package does not otherwise pass verification, an e-mail will be 

sent to the validation e-mail address provided in the XML filing package. This 

e-mail will provide information about the problems encountered during the 

verification process. 

• If the XML cannot be parsed at all (is unreadable), an e-mail will be sent to the 

Filer and to the e-mail address associated with the company identification number 

indicating a problem has been encountered with the filing. 

19. Once passed validation, the standard eFiling email will be sent to indicate whether 

the Secretary of the Commission has accepted and docketed the filing or rejected it. As 

occurs with all filings, the docketing email does not guarantee that other filing 

deficiencies will not result in rejection or other action pertaining to the filing later in the 

review processes within the Commission. After this step, the filing is passed on to 

eLibrary, the tariff database and other Commission systems. 

 12 This may not be the same company making the filing; for example, in the case 

of a shared tariff, one notification will go to the company making the filing and the other 

will go to the ISO or RTO whose tariff is being revised. 
Docket No. RM01-5-000 - 11 - 

2. XML Schema

20. Under the standards, the tariff filing must be made in conformance with the XML 

schema. The schema essentially is a method by which the filing entities can 

communicate information to the Commission. The schema proscribes the metadata 

elements and the textual information that must be included in the filing package. The 

data elements included in XML package are required to properly organize the tariff 

database and to maintain the proper relationship of tariff provisions in relation to other 

provisions. For example, these elements will identify which tariff provision is being 

revised so that the revised tariff can be placed electronically in the proper location within 

the tariff hierarchy. The filing package itself will include the text of tariff changes as 

well as all filing attachments, such as transmittal letters.13 The XML schema will be 

maintained on the Commission website along with the required codes, descriptions, and 

other requirements, as well as information that may be useful to those developing filing 

software.14 Contemporaneously with the issuance of this NOPR, we are posting on the 

website the XML schema along with the descriptions of the fields used in the schema, a 

proposed instruction manual, and preliminary codes to be used with the XML schema. 

21. Although we do not envision that the schema and related code values will need to 

be changed frequently, the Secretary of the Commission, under Order No. 703, will have 

 13 The XML must be filed as a zip (compressed) file. 

14 www.ferc.gov under the tab Documents and Filings, eTariff. 
Docket No. RM01-5-000 - 12 - 

delegated authority to make modifications to them if necessary.15 Before any such 

changes are made, a notice of the proposed change will be issued sufficiently in advance 

to permit companies to revise their software. 

C. Tariff Filing Requirements

22. The Commission’s current regulations require companies to file tariff sheets that 

include specifically defined nomenclature to identify each sheet of the tariff.16 A 

company is required to file only the tariff sheets containing the tariff revisions or 

changes. 

23. As a result of the implementation of electronic tariff filing, the exchange of 

information between Commission staff and the various industries during the NAESB 

process, and the comments submitted to NAESB, we are proposing to allow far more 

flexibility in the structure and identification of tariffs. Companies may determine to 

structure their tariffs either using the existing tariff sheet format or as sections. 

Companies will also be given more flexibility to file tariffs either by dividing the tariff 

into sheet or sections and filing only the changed sheet or section, or for a wide range of 

tariff documents, by filing the entire tariff document for each change. In order to ensure 

that the Commission and the public have the ability to identify specific tariff provisions 

(either sections or pages), the version for each tariff filing will still need to be identified, 

 15 18 CFR 375.302(z). 

16 See 18 CFR 35.9; 154.102(e). 
Docket No. RM01-5-000 - 13 - 

but the versioning information has been simplified and will be included as metadata in 

the XML package, except for certain documents filed as PDFs. 

1. Sheets or Section Filing Requirements

24. In order to compile the tariff database, the standards require companies to file 

tariff text as a specific data element. Companies will be permitted to choose whether to 

continue to number tariff provisions as individual tariff sheets (e.g., Original Sheet No. 1) 

or sections (e.g., 1.1.1). 

25. We also do not believe there is a one size fits all approach to the way in which 

companies divide their tariffs in making tariff filings. Some individual rate schedules and 

agreements may be filed only once or revised only infrequently, while other rate 

schedules and tariffs may be extraordinarily large and revised frequently. Except as 

discussed in the following section with respect to open access tariffs, we therefore 

propose to allow companies to determine based on the nature of the tariff and frequency 

of filing whether to file tariffs by breaking the tariff into sheets or sections or by filing the 

tariff as an entire document. Companies that initially file using the entire document 

option will be allowed later to divide the tariff document into sections or sheets. 

However, we propose that, except with advance permission from the Office of Energy 

Market Regulation (or any successor name), a company that has already broken its tariff 

into sections or sheets, will not be able to recompile those sheets or sections and use the 

entire document option. 
Docket No. RM01-5-000 - 14 - 

26. In order to facilitate database management, the NAESB standards provide that 

tariff text must be filed either using the RTF file format or the PDF file format.17 Tariffs 

filed under the entire document option may be filed either in RTF or PDF. Tariffs filed 

as sections or sheets must be filed in RTF, due to limitations on the ability to process and 

assemble PDF files.18

2. Gas and Electric Open Access Transmission Tariffs

27. We are not proposing to permit the open access transmission tariffs for interstate 

natural gas pipelines and electric utilities to be filed using the entire document option for 

several reasons. Unlike individual service agreements or contracts that affect only the 

signatories to the agreements, the open access transmission tariffs affect a wide variety of 

customers and are the most frequently revised. Moreover, because of the breadth of these 

tariffs, and the need to review and research portions of these tariffs, it would not be 

efficient for staff or for the public to have these documents refiled in their entirety every 

time a company proposes to revise an individual tariff section or page. 

 17 The requirements adopted by the Commission in Order No. 703 will apply to 

PDF formatted documents filed as tariff text. Tariffs filed in PDF format must use the 

print-to-pdf feature as opposed to an unsearchable scanned format, except that tariff 

documents existing only on paper may be scanned into PDF. Filing Via the Internet, 

Order No. 703, 72 FR 65659 (Nov. 23, 2007), FERC Stats. & Regs., Regulations 

Preambles ¶ 31,259, P 23 (2007). We, however, encourage filers that scan old paper 

tariff documents to use an optical character recognition program to convert the scanned 

file to text prior to filing, so that copy and paste and search functions may be used. 

18 RTF is a text format that will enable the Commission’s software to assemble 

quickly the sheets or sections into a complete tariff document. In contrast, PDF is not a 

textual format, and does not permit such processing. 
Docket No. RM01-5-000 - 15 - 

28. We are therefore proposing revisions to §§ 35.9 and 154.102 to require that open 

access transmission tariffs, which will include other open access documents and 

documents of general applicability, such as ISO/RTO operating agreements and market 

rules, must be filed as sheets or sections. Because the electric OATTs are based on the 

Commission’s pro forma OATT, we have specified the minimum required divisions for 

such filings. For non-ISO/RTO OATTs, the OATT must be divided at least at the 

section 1.0 level, with individual sections for each schedule or attachment. Because 

ISO/RTO OATTs are much more complex, we propose to require at a minimum that they 

be divided at the 1.1 level. In their comments to NAESB, the RTOs ask whether they can 

divide tariffs into smaller divisions, because of their complexity. We clarify that the 

proposed standards in the regulations are the minimum divisions only. We propose to 

permit, and encourage, filers to use even smaller divisions that are appropriate to their 

individual tariffs and filing patterns. 

29. In addition, to aid electric utilities in filing their OATTs, we propose to post on 

our website a pro forma OATT divided into the largest allowable sections, as well as 

information that will help companies develop Microsoft Word macros to electronically 

divide tariffs at this level. 

30. Because we have not specified a pro forma interstate natural gas tariff, the 

proposed regulation will require that the interstate natural gas pipeline tariffs filed as 

sections be divided so that each section includes only related subject matter and is of 

reasonable length. Negotiated rate agreements and other non-conforming service 

agreements need not be divided, but can be filed as entire documents. 
Docket No. RM01-5-000 - 16 - 

3. Versioning

31. The Commission currently requires each tariff page to include a version number 

that can be used to identify the particular revision of that page (e.g., First Revised Sheet 

No. 1 would replace Original Sheet No. 1). Because tariff provisions change, often 

frequently, over time this convention is useful for identifying and referring to particular 

tariff provisions in orders. A number of the comments filed with NAESB maintain that 

the existing versioning requirement is unnecessarily complex for certain types of filings 

and urge us to eliminate the requirement to include versioning associated with every page 

or section of the tariff. The comments maintain that the XML schema includes a revised 

versioning requirement that would be satisfactory for identifying particular tariff 

provisions. 

32. We recognize that in many proceedings, the official tariff designation is not used 

by the parties and may not be of critical importance. However, in proceedings in which 

past tariff language is of importance, the ability to have a unique reference to the precise 

tariff provision is still needed. As we move to electronic tariff filing, we believe that with 

the adoption of the standards our versioning requirement can be modified and made less 

complicated. 

33. The XML schema requires that each sheet, section, or entire tariff be identified 

with a version number in an x.y.z format. The x.y.z format will accommodate the same 

level of identification as our existing nomenclature, including items such as squeezed and 

retroactive sheets. Some companies may want to continue this detailed approach to better 

identify the placement and relative position of tariff sheets and sections, and the x.y.z 
Docket No. RM01-5-000 - 17 - 

format will accommodate such identification. Other companies do not believe that their 

tariffs require such a detailed hierarchy of changes. As long as each tariff section, sheet, 

or entire document is identified uniquely, we propose to allow companies to choose how 

complex to make their identification. Companies, for example, may choose simply to 

numerically number each section, sheet, or entire tariff document as they file it, using just 

the x field. 

34. The comments also raise questions about whether any such identification must 

continue to appear in the text of the filed documents. Except in the case of tariffs filed in 

PDF, we do not propose to require that identification be placed on the individual tariff 

revisions that are filed; companies however may choose to include such identification if 

they desire. Because the requisite versioning information is in the XML schema and will 

be made available to staff and the public in the tariff database, companies do not need to 

include that information in their filing. However, in order to ensure that the versioning 

information is available to the public on eLibrary, the Commission will use the metadata 

provided in the XML schema to generate a document on eLibrary that contains the 

appropriate versioning information. Because we are creating this document by 

electronically combining information from the database, the formatting of the versions 

and tariff text may not appear identical to the filing made by the company. 

35. The only exception to this rule is for tariff documents filed using PDF. Because 

PDF is not a textual format and does not permit easy electronic manipulation, we cannot 

generate a document for eLibrary that contains the correct versioning information. For 

these documents, therefore, the first page of the tariff document must include the required 
Docket No. RM01-5-000 - 18 - 

information: company name, tariff title (if applicable), and the appropriate version 

number. 

4. Clean and Marked Tariff Changes as Attachments

36. As discussed above, the tariff text for use by the database will be filed as a 

separate data element. But, as discussed above, the Commission may not be able to 

generate a formatted version of that tariff text acceptable to the filer for inclusion in 

eLibrary. For this reason, the standards provide that companies will also include as an 

attachment to their filing a clean copy of the relevant tariff sheets, sections, or entire 

document formatted as the filer prefers.19 The clean version of the tariff text may be filed 

using any software currently approved by the Secretary of the Commission for eFiling. 

37. The Commission’s current interstate natural gas pipeline (§ 154.201) and electric 

utility regulations (§ 35.10), require companies to provide a marked version of the tariff 

text in the tariff filing indicating the changes and deletions made to the existing tariff text. 

The oil pipeline regulations (§ 341.3) provide for the use of special symbols to denote 

changes. 

38. We propose to continue the requirement for filing marked versions of tariffs. We 

also are proposing to modify the symbols used by the oil pipelines so that the symbols 

can be entered into a find or search message box using keystrokes available on a 

 19 The text of the tariff to be included in the database must, of course, match 

exactly the text of the clean copy of the tariff filed as an attachment. The standards also 

will require the company to include a non-formatted plain text copy of the tariff for 

search purposes. 
Docket No. RM01-5-000 - 19 - 

keyboard. Tariff documents can now be filed as large sections or as entire documents. 

Although we are confident that filing companies will not intentionally make extraneous, 

unmarked changes to tariff text, we want to ensure that both staff and the public are not 

put in the position of having to read the entire tariff text of large sections or an entire 

document to ensure that unmarked changes were not made. As a precaution, therefore, 

we are proposing to revise our regulations to make clear that only the sections of the tariff 

document appropriately marked will be considered part of the filing. Revisions that are 

not marked will not be considered a part of the requested tariff revision and any 

acceptance of a filing by the Commission will not constitute acceptance of an unmarked 

tariff change. 

5. Joint, Shared, and Section 206 Filings 

39. An issue raised in the comments by the electric industry is how companies are to 

make joint and shared tariff filings and section 206 filings. Joint filings refer to tariffs 

applicable to more than one company. Shared tariffs refer to a tariff that can be amended 

by one or more parties. Shared tariffs principally refer to ISO or RTO tariffs, sections of 

which can be revised by the ISO and RTO as well as by individual transmission owners. 

Section 206 tariff filings again relate principally to ISOs and RTOs, which may not have 

the ability to make tariff filings under section 205 of the FPA, but have the right to make 

such filings under section 206 of the FPA. The comments are concerned that the filing 

process for such tariffs not be unduly complicated. We have developed approaches to the 

filing of these more complicated tariffs that we believe will ensure that all parties with 

rights can make appropriate filings without undue burden. 
Docket No. RM01-5-000 - 20 - 

a. Joint Tariff Filings

40. Section 35.1(a) of the Commission’s regulations establishes two methods by 

which public utilities that are parties to the same rate schedule may file the rate schedule 

with the Commission: (1) each public utility can file the rate schedule itself, or (2) “or 

the rate schedule may be filed by one such public utility and all other parties having an 

obligation to file may post and file a certificate of concurrence.”20 Prior to Order 

No. 614, when filers made a single filing, Commission staff would copy the rate schedule 

or tariff for the number of joint filers, place the appropriate designations on the tariffs, 

and put them in the tariff books. In Order No. 614, the Commission stated in the 

preamble that “on joint services, each utility offering a service must file its own tariff 

sheets.”21 Currently, we therefore receive a single filing usually from a designated filer 

with identical tariff sheets for each joint filing utility, except that each utility’s tariff 

contains the appropriate sheet designation for that utility. Given the prevalence of joint 

tariff filings, the electric utilities request that they not be required to make separate tariff 

filings for each utility covered by the tariff, including all supporting materials, in place of 

the single filing now permitted. 

41. In the Commission’s current state of software development, we are not in a 

position to permit a single designated filer to submit tariff sheets on behalf of multiple 

 20 18 CFR 35.1(a). 

21 Designation of Electric Rate Schedule Sheets, Order No. 614, FERC Stats. & 

Regs. ¶ 31,096, at 31,503 (2000). 
Docket No. RM01-5-000 - 21 - 

entities. We, however, recognize the inefficiency and confusion for the filer, the staff, 

and the public in having multiple identical filings made on behalf of different companies. 

We therefore have developed what we think is a reasonable approach for handling such 

filings that will minimize the burden on the filer but provide ready access to the tariff. 

42. We propose to no longer require utilities to follow the Order No. 614 preamble 

instructions to file multiple copies of a tariff. Instead, the joint filers will be permitted to 

designate one filer to submit a single tariff filing for inclusion in its database that reflects 

the joint tariff, along with the requisite certificates of concurrence. The non-designated 

joint filers would include in their tariff database a tariff section consisting of a single 

page or section that would provide the appropriate name of the tariff and identify which 

utility is the designated filer for the joint tariff. In this way, the staff or the public will be 

able to find quickly the appropriate tariff in the database, without the need for multiple 

filings by each of the filers. 

43. While this issue arose in the context of joint filings by public utilities, the solution 

proposed here should be equally applicable to other industries that have joint tariffs. 

b. Shared Tariffs

44. Shared tariffs refer principally to ISO and RTO tariffs, portions of which may be 

revised by FPA section 205 filings by the ISO/RTO or other transmission owners. 

Depending on the tariff section involved, one party may have exclusive rights to modify 

the section or multiple parties may have rights to modify the section. The structure of all 

the ISO and RTO tariffs as well as their filings rights are different. 
Docket No. RM01-5-000 - 22 - 

45. In order to file shared tariffs today, parties with joint filing rights have to share 

information about the tariff, such as the current section numbering and sheet designations 

as well as the text of the provisions. Some ISOs and RTOs provide in their tariffs that the 

ISO/RTO is responsible for administering the Transmission Tariff.22

46. Electronic filing should provide parties with shared tariffs with greater 

opportunities to develop electronic filing methods that fit their respective tariff structure 

and filing rights: (1) parties in organized markets can develop or commission filing 

software to be shared among those with filing rights that imposes restrictions on filing 

rights as applicable under the individual ISO or RTO tariff; (2) ISOs and RTOs can agree 

to make all filings on behalf of the members in order to maintain administrative control 

over the tariff; or (3) each of the respective parties with filing rights can continue to make 

individual filings as they do today by sharing certain relevant tariff and relevant metadata 

among the parties with shared rights. 

47. Since the comments focus on the third option, individual filings by each company, 

we will describe how such filings can be made securely. The party initiating the filing 

(Company A) would need to have an eRegistered party (Filer) log-on to make the filing. 

The Filer would have to know Company A’s company identification number and 

password. In order to make such a filing, the ISO and RTO would have to share with 

 22 See Midwest ISO Transmission Tariff, Appendix K, § F. 

http://mktweb.midwestiso.org/publish/Document/469a41_10a26fa6c1e_-

6d790a48324a/TOA%20(As%20Accepted%20on%2012-03-07%20EC07-

89).pdf?action=download&_property=Attachment. 
Docket No. RM01-5-000 - 23 - 

Company A its company identification number23 and tariff identifier used in the XML 

schema for the ISO or RTO’s tariff along with other required metadata for making the 

filing. 

48. Currently, for some ISOs and RTOs, when a transmission owner makes a section 

205 filing to revise an ISO or RTO tariff, the ISO or RTO is notified only through 

service. In order to provide greater security and more immediate notification to the ISO 

or RTO, we will provide an email to the ISO or RTO when the XML filing passes 

verification checks. Although we have not experienced unauthorized filings to date 

through our paper or eFiling system, this notification will ensure that the ISO or RTO can 

detect immediately any potential unauthorized filing. Moreover, because the person 

making the filing will be eRegistered and will be using the company identification 

number of the filer (Company A), we will be able to easily identify who made the filing 

in case any questions are raised. 

c. Section 206 Filings Related to ISOs/RTOs

49. ISOs and RTOs sometimes have tariff or operating agreement provisions that 

require a certain percentage of stakeholder support for making FPA section 205 filings. 

As a result, if the requisite stakeholder approval is not obtained, ISOs and RTOs have 

retained rights to make filings pursuant to section 206 of the FPA, and may make a single 

filing under both section 205 and section 206.24 In addition, transmission owners that are 

 23 The ISO or RTO, however, would not have to share its password. 

24 See, e.g., PJM Interconnection, LLC, 115 FERC ¶ 61,079 (2006). 
Docket No. RM01-5-000 - 24 - 

part of the RTO also may file complaints under FPA section 206 contending that the ISO 

or RTO tariff is unjust and unreasonable. In the comments included in the NAESB 

submission, a question was asked about the appropriate method of making such filings, in 

particular whether the section 206 filing should be made using the Commission’s eFiling 

complaint mechanism, with the ISO or RTO filing through the eTariff to amend its tariff 

only if the Commission’s ruling requires tariff changes. 

50. For ISO or RTO transmission owners filing a complaint against the ISO or RTO, 

we think the complaint should be filed pursuant to the standard complaint mechanism. 

While these transmission owners may have legal rights to make section 205 filings to 

change certain aspects of the ISO or RTO tariff, they do not have any different rights than 

any other party to file complaints under section 206. If the Commission agrees with the 

complainant, the ISO or RTO would then be directed to submit a compliance filing 

through the eTariff portal to make the required tariff changes. 

51. However, we propose that the RTO or ISO making a filing to revise its own tariff 

pursuant to section 206 should make such a filing through the eTariff portal with the 

appropriate tariff revisions and XML metadata. Because such a filing relates to the ISO’s 

or RTO’s own tariff, and the ISO or RTO has a reserved right to make such a section 206 

filing, such a filing is more similar to a standard tariff filing by a utility as opposed to a 

complaint filing. In addition, since RTOs or ISOs may make a single filing in one 

proceeding under both sections 205 and 206, it seems appropriate to have such a filing 

made using the standard eTariff mechanism. 
Docket No. RM01-5-000 - 25 - 

D. Other Business Practice Changes

1. Electronic Service

52. Many parties requested that once an electronic tariff mechanism is in place that 

they be able to serve their initial tariff filings electronically. In the 2005 Notice, the 

Commission stated that it would permit electronic service for initial filings.25 The 

proposed changes to our regulations will permit electronic service according to the same 

procedures and protocols used for other forms of service under the Commission’s 

regulations.26 Customers and state agencies wishing to receive service will be required to 

provide the company with an applicable email address (since a service list will not exist 

at the time of an initial filing). Any customer believing it is unable to receive electronic 

service will need to request a waiver of electronic service as provided in the regulations.27

2. Attachment Documents

53. Under the standards, all attachments to a filing, such as the transmittal letter, 

testimony, cost-of-service statements, will be included as part of the XML package. The 

attachments must meet the formatting requirements for any other eFiled document, as set 

forth by the Secretary of the Commission. 

 25 112 FERC ¶ 61,043 at P 7. 

26 18 CFR 385.2010. 

27 18 CFR 390.3. 
Docket No. RM01-5-000 - 26 - 

3. Withdrawal of Pending Tariff Filings and Amendments to Tariff 

Filings

54. As discussed in the 2004 NOPR, the electric, gas, and oil industries have different 

procedures for withdrawing and amending a tariff filing. For example, the regulations 

governing oil pipelines permit withdrawal of proposed tariff filings before the tariff filing 

is effective,28 while the regulations for electric and gas companies do not address 

withdrawal of tariff filings prior to suspension.29 Because tariff withdrawal and 

amendment filings affect the status of tariff proposals, standardization of these 

procedures is needed in order to effectuate an electronic tariff system. We are therefore 

continuing our proposal from the 2004 NOPR to allow a company to withdraw in its 

entirety a tariff filing, which has not become effective, and upon which no Commission 

or delegated order has been issued, by filing a withdrawal motion with the Commission. 

The withdrawal will become effective, and the filing deemed withdrawn, at the end of 

15 days, so long as no answer in opposition to the withdrawal motion is filed within that 

period and the Commission has not acted to deny the withdrawal motion. If such an 

answer in opposition is made, the withdrawal is not effective until a Commission or 

delegated order accepting the withdrawal is issued. In order to ensure that the tariff 

database remains accurate, such withdrawal filings will need to be made through the 

 28 18 CFR 341.13. 

29 18 CFR 35.17; 154.205. 
Docket No. RM01-5-000 - 27 - 

eTariff portal using the XML schema so that the appropriate data elements can be 

revised. 

55. Electric utilities and interstate pipelines file amendments or modifications to tariff 

provisions to make substantive changes to their filings as well as to correct minor errors. 

Because such modifications can have substantive effect, the Commission is proposing to 

revise § 35.17 and § 154.205 to make clear that the filing of an amendment or 

modification to a tariff provision will toll the period for action on the prior filing and 

establish a new period for action.30

4. Motions

56. Several types of motions may be made by regulated entities that do not include 

tariff sheets, but that affect the status of a tariff filing. For example, interstate natural gas 

pipelines may file motions to move suspended tariff sheets into effect, and other 

regulated companies may file motions to change the effective dates of tariff filings or to 

withdraw tariff filings. Because such filings affect the metadata associated with the tariff 

filing, such motions must be filed through the eTariff portal using the XML schema. 

5. Rate Sheets for Tariff Filings by Intrastate and Hinshaw Pipelines

57. Under the Commission’s current regulations in section 284, subparts C and G, an 

intrastate or Hinshaw pipeline must provide the Commission with an election of how it 

 30 As we stated in the 2004 NOPR, we recognize that in the past, we have sought 

to process minor changes filed in NGA cases within the 30-day statutory period, and we 

will continue to try to do so for those amendments that are not significant or do not create 

a major substantive difference in the tariff proposal. 
Docket No. RM01-5-000 - 28 - 

will determine its interstate service rates. An intrastate or Hinshaw pipeline also is 

required to file with the Commission, within 30 days of the commencement of service, a 

statement of operating conditions, which includes the rate election it has made, but which 

currently does not require a statement of the interstate rates to be charged. The interstate 

rates are included only as part of the overall filing. 

58. In implementing the proposal for electronic filing tariff filing, the statement of 

operating conditions will be placed in the tariff database. To facilitate easier access by 

the Commission and the public to the interstate service rates of intrastate and Hinshaw 

pipelines, we are proposing to revise § 284.123 of the regulations to require intrastate and 

Hinshaw pipelines to include a statement of their interstate service rates as part of the 

statement of operating conditions that will appear in the tariff database. Including a 

statement of interstate service rates in the statement of operating conditions will ensure 

that all relevant information related to interstate service will be accessible in the tariff 

database. 

E. Transition Procedures

1. Baseline Tariff Filings

59. Each utility will be required to make a filing to establish its baseline tariffs. In the 

2005 Notice, we proposed to reduce the burden in making the baseline filing and limit 

such filings to tariffs of generally applicability. As applied to filings by electric utilities, 

the baseline filing would include open access transmission tariffs (OATTs), power sales 

tariffs available to any customer, and market-based rate tariffs. Individually negotiated 

rate schedules and agreements would not have to be included as part of the baseline 
Docket No. RM01-5-000 - 29 - 

filing. Interstate natural gas pipelines would have to file their existing Volume No. 1 

tariffs, but would not have to file special rate schedules included in Volume No. 2 tariffs, 

or any existing negotiated rate or non-conforming service agreements. Intrastate 

pipelines would have to file their statement of operating conditions including their 

interstate service rates. Oil pipelines would need to file their tariff publications. Other 

pre-existing tariffs, rate schedules, and agreements do not need to be included in the 

baseline filing, although companies are free to include these agreements in their baseline 

filings, and we would encourage them to do so. 

60. After implementation, all new tariffs and rates schedules would have to be filed 

using the XML schema. Existing tariffs and rate schedules not included as part of the 

baseline filing would need to be filed electronically only when they are revised or 

amended. 

61. We recognize that some of the pre-existing tariffs and rates schedules may not 

exist in electronic form. Companies having or electing to file such agreements do not 

need to retype the entire agreement. They may scan these agreements into PDF format 

and file them in that fashion as an entire document. Although not required, companies 

should run an optical character recognition program (OCR) to convert these scanned 

documents into text so that the text of the tariff can be searched and copied. We 

recognize that OCR may not work well on some older documents, but even if the OCR 

version is not filed as the tariff text, it should be included in the plain text field of the 

XML schema for search purposes. 
Docket No. RM01-5-000 - 30 - 

62. The baseline tariff filing is not a substantive tariff revision, and will be used only 

for placing generally available tariffs into the database. The baseline filing, therefore, 

should reflect the existing effective tariff, with no proposed substantive changes or 

revisions. The baseline tariff filings will be subject to notice and comment solely to 

permit customers to ensure that the proposed baseline tariff is an accurate reflection of 

the effective tariff. No protests involving other issues, such as the merits of various 

sections of the tariff, will be considered. We also propose a one-time delegation of 

authority to the Director of OEMR to rule on protests. 

63. If a regulated entity has a pending or suspended tariff change filing at the time of 

the filing of the baseline tariff, the regulated entity should not file these pending or 

suspended tariff sections as part of the baseline tariff filing. When the Commission acts 

on pending or suspended tariffs provisions, the companies will file the tariff provisions 

through the eTariff portal for inclusion in the database. 

2. Testing, Implementation and Further Procedures

64. We recognize that after the final rule, companies and third-party vendors 

developing tariff filing software will need time for development as well as a mechanism 

for testing their software to make sure that their filings will be accepted by the 

Commission. We will therefore provide a testing site where companies can make test 

electronic filings to determine whether their XML packages can be received and can be 

parsed in order to determine if the XML package can be opened and broken into its 

constituent parts, and to verify whether the metadata supplied meets the requirements of 

the XML schema. 
Docket No. RM01-5-000 - 31 - 

65. Further, as the development process continues, we think it will be useful to 

continue the dialog among FERC staff and the industries involved, perhaps through the 

good offices of NAESB, to help the industries better understand the use of the code 

values as well as to discuss issues that may arise regarding methods of implementing the 

standards. Commission staff also will be available to answer individual questions about 

the use of the XML schema. 

66. While we would like to move as quickly as possible to electronic tariff filing and 

the tariff database (and we think the industries also would like to take advantage of the 

ease of electronic filing and electronic service), we recognize that we need to provide 

sufficient time for software development and testing to ensure that the filing of tariffs 

electronically has as few bugs as possible. As a general matter, we envision that 

compliance with the electronic filing should be able to begin within six months to one 

year after the final rule is issued, but we will not propose a firm deadline or structure for 

compliance at this point. 

III. Information Collection Statement

67. The Office of Management and Budget (OMB) regulations require approval of 

certain information collection and data retention requirements imposed by agency rules.31 

Upon approval of a collection of information and data retention, OMB will assign an 

OMB control number and an expiration date. Respondents subject to the filing 

 31 5 CFR 1320.11. 
Docket No. RM01-5-000 - 32 - 

requirements of this rule will not be penalized for failing to respond to these collections 

of information unless the collections of information display a valid OMB control number. 

68. The information provided under Part 35 is identified for information collection 

and records retention purposes as FERC-516. Data collection FERC-516 applies to all 

reporting requirements covered in 18 CFR Part 35 including electric rate schedule filings, 

market power analysis, tariff submissions, triennial reviews, and reporting requirements 

for changes in status for public utilities with market-based rate authority. The 

information provided under Parts 154 and 284 is identified for information collection and 

records retention purposes as FERC-545. Data collection FERC-545 applies to all 

reporting requirements covered in 18 CFR Part 154 including natural gas rate schedule 

filings, and tariff submissions. The information provided under Part 153 is identified for 

information collection and records retention purposes as FERC-539. The information 

provided for under Part 341 is identified for information collection and records retention 

purposes as FERC-550. Data collection FERC-550 applies to all reporting requirements 

covered in 18 CFR Part 341 including oil pipeline tariffs, indexes of tariffs, rates, and 

tariff publications. The Commission is submitting these information collection 

requirements to OMB under § 3507(d) of the Paperwork Reduction Act.32 Comments are 

solicited on the Commission’s need for this information, whether the information will 

have practical utility, the accuracy of the provided burden estimates, ways to enhance the 

quality, utility, and clarity of the information to be collected, and any suggested methods 

 32 44 U.S.C. 3507(d) (2000). 
Docket No. RM01-5-000 - 33 - 

for minimizing the respondent’s burden, including the use of automated information 

techniques. 

Burden Estimates: As discussed herein, the Commission proposes amending its 

regulations to require that all tariffs, tariff revisions and rate change applications for 

natural gas, oil pipeline and public utilities be filed electronically based on standards 

developed by the electric, gas, and oil industries through the NAESB process. During the 

NAESB process, the industries opted for the flexibility provided by the standards in place 

of using the filing software developed by the Commission. The standards provide 

companies with the ability to obtain software, or modify existing tariff maintenance 

software, that better integrates with their individual tariff maintenance and business 

needs. The use of the NAESB standards, in place of Commission distributed software, 

also provides an open framework for third-party software developers to develop filing 

applications or processes, which, by handing multiple parties’ filings, may prove less 

expensive than the cost to each company of building its own system. Because cost 

estimates for such third party programs are not available, the following burden estimates 

reflect the cost to an individual company of obtaining software, including open access 

software, and programming time, that is sufficient to meet the requirements of the 

regulation, as well as the cost of making the required baseline filing. These costs are onetime compliance costs. Individual companies’ costs may differ depending on their 

internal business needs and the features they need. In addition, the use of electronic 

filing will save the costs of making and serving paper filings on an ongoing basis due to 

savings in mail and messenger delivery and copying, and we provide estimates of those 
Docket No. RM01-5-000 - 34 - 

savings below for one year. The public reporting and records retention burdens for the 

proposed reporting requirements and the records retention requirement are as follows.33

Baseline Tariff – Hours

Data 

Collection 

Number of 

Respondents 

Hours 

Per 

Tariff 

Total 

Hours 

Installation 

Hours 

Total 

Install 

Hours 

Total 

Hours 

 

FERC-516 

 Utilities 152 9 1368 16 2432 3800

 Marketers 984 5 4920 16 7872 12792

RTOs/ISOs 6 362 2172 24 144 2316

FERC -545 

 Small 

Pipelines 

96 7 672 16 1536 2208

 Large 

Pipelines 

60 18 1080 16 960 2040

 NGPA 200 6 1200 16 3200 4400

FERC -550 

Oil 

200 9 1800 16 3200 5000

 

Totals 13212 19344 32556

Total Annual Hours for Collections: 32,556. 

Baseline Tariff – Costs 

Data Collection Number of 

Respondents

Cost 

Per 

Tariff 

Total 

Filing 

Cost 

Software 

Purchase & 

Installation 

Total Cost 

 

FERC-516 

 Utilities 152 $211 $32,027 $1,690 $256,880

 Marketers34 984 $109 $107,448 $845 $831,480

 33 These burden estimates apply only to this NOPR and do not reflect upon all of 

FERC-516, FERC-545, FERC-539 or FERC-550. 

34 The costs for marketers assumes that affiliated marketers will share a single 

installation. 
Docket No. RM01-5-000 - 35 - 

Data Collection Number of 

Respondents

Cost 

Per 

Tariff 

Total 

Filing 

Cost 

Software 

Purchase & 

Installation 

Total Cost 

RTOs/ISOs 6 $8,345 $50,072 $2,450 $14,700

FERC -545 

 Small Pipelines 96 $171 $16,429 $1,690 $162,240

 Large Pipelines 60 $423 $25,391 $1,690 $101,400

 NGPA 200 $132 $26,484 $1,690 $338,000

FERC -550 Oil 200 $206 $41,152 $1,690 $338,000

 

Totals $299,003 $2,042,700

Combined Total $2,341,703

Going Forward Cost Savings Per Annum 

 Total Number 

of Filings 

Cost Per 

Filing 

Total Cost 

 

Oil 689 $110 $75,790

Electric 4,445 $406 $1,804,670

Gas 2,548 $406 $1,034,488

 

Total $2,914,948

OMB’s regulations require it to approve certain information collection requirements 

imposed by an agency rule. The Commission is submitting notification of this proposed 

rule to OMB. If the proposed requirements are adopted they will be mandatory 

requirements. 

Title: FERC-516, Electric Rate Schedules and Tariff Filings; FERC-545, Gas Pipeline 

Rates: Rate Change (Non Formal); FERC-549 Gas Pipeline Rates: NGPA Title III 

Transactions; and FERC-550 Oil Pipeline Rates: Tariff Filings. 

Action: Proposed Collections 

OMB Control Nos. 1902-0096, 1902-0154, 1902-0062 and 1902-0089 

Respondents: Business or other for profit 
Docket No. RM01-5-000 - 36 - 

Frequency of responses: On occasion. 

Necessity of the Information: 

69. The Federal Energy Regulatory Commission is proposing amendments to its 

regulations to require that all tariffs and tariff revisions and rate change applications for 

the public utility natural gas pipeline and oil pipeline industries be filed electronically 

with the Commission in lieu of paper. Electronically filed tariffs and rate case filings 

should improve the efficiency of the administrative process for tariff and rate case filings, 

by providing time and resource savings for all stakeholders. Respondents should see 

savings by reducing the number of personnel required to assemble and submit paper 

filings, and a reduction in duplication and mailing expenses. Users of the information 

will be able to access the data at lower costs due to efficiencies provided by electronic 

filing and retrieval. Data filed electronically can be processed faster than paper filings. 

This is due in part because procedural steps related to verifying the applicant, receiving 

the tariff filing, routing the tariff filing, entering the tariff filing into FERC’s official 

record, public tariff maintenance, public access to the tariff and tariff filing, and 

confirming receipt of the tariff filing largely can be automated. Also the speed at which 

tariff filings can be processed electronically can increase the integrity of the data by 

speeding the process by which the applicants and public can view the filings and identify 

errors, and facilitating rapid filing of corrections. This capability is beneficial as many 

tariff filings involve statutory processing deadlines. 

70. The Proposed rule will assist the Commission’s efforts to comply with the 

Government Paperwork Elimination Act (GPEA) by developing the capability to file 
Docket No. RM01-5-000 - 37 - 

electronically with the Commission via the Internet with uniform formats using software 

that is readily available and easy to use and also achieve the President’s Management 

Agenda initiatives of expanding electronic government. 

Internal Review: The Commission has conducted an internal review of the public 

reporting burden associated with the collections of information and assured itself, by 

means of internal review, that there is specific, objective support for the information 

collection burden estimates. Moreover, the Commission has reviewed the collections of 

information proposed by this NOPR and has determined that these collections of 

information are necessary and conform to the Commission’s plans, as described in this 

rule, for the collection, efficient management, and use of the required information.35 

Interested persons may obtain information on the reporting requirements by contacting 

the following: Federal Energy Regulatory Commission, 888 First Street, N.E., 

Washington, D.C. 20426, [Attention: Michael Miller, Office of the Executive Director, 

Phone: (202)502-8415, fax: (202)273-0873, e-mail: michael.miller@ferc.gov.] 

71. For submitting comments concerning the collections of information and the 

associated burden estimate(s), please send your comments to the contact listed above and 

to the Office of Information and Regulatory Affairs, Office of Management and Budget, 

725 17th Street, N.W., Washington, D.C. 20503 [Attention: Desk Officer for the Federal 

Energy Regulatory Commission, phone (202)395-4650, fax: (202)395-7285. Due to 

security concerns, comments should be sent electronically to the following e-mail 

 35 See 44 U.S.C. § 3506(c ). (2000) 
Docket No. RM01-5-000 - 38 - 

address: oira_submission@omb.eop.gov. Please reference the docket number of this 

rulemaking in your submission.

IV. Environmental Analysis

72. 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.36 The Commission has categorically excluded certain actions 

from these requirements as not having a significant effect on the human environment. 

The actions proposed here fall within categorical exclusions in the Commission's 

regulations for rules that are clarifying, corrective, or procedural, for information 

gathering, analysis, and dissemination, and for sales, exchange, and transportation of 

natural gas that requires no construction of facilities. Therefore, an environmental 

assessment is unnecessary and has not been prepared in this NOPR. 

V. Regulatory Flexibility Act Certification

73. The Regulatory Flexibility Act of 1980 (RFA)37 generally requires a description 

and analysis of final rules that will have significant economic impact on a substantial 

number of small entities. The proposed rule will be applicable to all entities regulated by 

the Commission, a small number of which may be small businesses. The Commission 

finds that the regulations proposed here should not have a significant impact on these few 

 36 Regulations Implementing the National Environmental Policy Act, Order No. 

486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 (1987). 

37 5 U.S.C. §§ 601-612. 
Docket No. RM01-5-000 - 39 - 

small businesses as they should be able to acquire relevant software. Software to create 

XML files is available from several internet websites as shareware or subject to low-cost 

licensing options. Moreover, by eliminating the requirement to file numerous paper 

copies of tariffs and documents associated with rate filings, these regulations are 

designed to reduce the filing burden on all companies, including small businesses. 

Accordingly, the Commission finds that these regulations will not impose a significant 

economic impact on small businesses and no regulatory flexibility analysis is required 

pursuant to § 603 of the RFA. 

VI. Comment Procedures

74. 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 [30 days from 

publication in the FEDERAL REGISTER]. Comments must refer to Docket 

No. RM01-5-000, and must include the commenter's name, the organization they 

represent, if applicable, and their address in their comments. 

75. The Commission encourages comments to 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. Documents created electronically using word 

processing software should be filed in native applications or print-to-PDF format and not 

in a scanned format. Commenters filing electronically do not need to make a paper 

filing. 
Docket No. RM01-5-000 - 40 - 

76. Commenters that are not able to file comments electronically must send an 

original and 14 copies of their comments to: Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First Street N.E., Washington, DC, 20426. 

77. 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. 

VII. Document Availability

78. 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 5:00 p.m. Eastern time) at 888 First Street, N.E., Room 2A, 

Washington D.C. 20426. 

79. From FERC's Home Page on the Internet, this information is available on 

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. 

80. User assistance is available for eLibrary and the FERC’s website during normal 

business hours from FERC Online Support at 202-502-6652 (toll free at 1-866-208-3676) 
Docket No. RM01-5-000 - 41 - 

or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-

8371, TTY (202)502-8659. E-mail the Public Reference Room at 

public.referenceroom@ferc.gov. 

List of subjects

18 CFR Part 35

 Electric power rates, Electric utilities, Reporting and recordkeeping requirements, 

Electricity, Incorporation by reference. 

18 CFR Part 131

Electric power. 

18 CFR Part 154

 Natural gas, Pipelines, Reporting and recordkeeping requirements, Natural gas 

companies, Rate schedules and tariffs. 

18 CFR Part 157

 Administrative practice and procedure, Natural gas, Reporting and recordkeeping 

requirements. 

18 CFR Part 250

Natural gas, Reporting and recordkeeping requirements. 

18 CFR Part 281

 Natural gas, Reporting and recordkeeping requirements. 

18 CFR Part 284

 Continental Shelf, Natural gas, Reporting and recordkeeping requirements, 

Incorporation by reference. 
Docket No. RM01-5-000 - 42 - 

18 CFR Part 300

 Administrative practice and procedure, Electric power rates, Reporting and 

recordkeeping requirements, Electricity. 

18 CFR Part 341

 Maritime carriers, Pipelines, Reporting and recordkeeping requirements. 

18 CFR Part 344

 Pipelines, Reporting and recordkeeping requirements. 

18 CFR Part 346

 Pipelines, Reporting and recordkeeping requirements. 

18 CFR Part 347

 Pipelines, Reporting and recordkeeping requirements. 

18 CFR Part 348

 Pipelines, Reporting and recordkeeping requirements. 

18 CFR Part 375

 Authority delegations (Government agencies), Seals and insignia, Sunshine Act, 

Electric power rates, Electric utilities, Reporting and recordkeeping requirements. 

18 CFR Part 385

Administrative practice and procedure, Electric power, Penalties, Pipelines, 

Reporting and recordkeeping requirements. 

By direction of the Commission. 

( S E A L ) 

 Kimberly D. Bose, 

 Secretary.
 In consideration of the foregoing, the Commission proposes to amend Parts 35, 

131, 154, 157, 250, 281, 284, 300, 341, 344, 346, 347, 348, 375 and 385, Chapter I, Title 

18, Code of Federal Regulations, as follows. 

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. 

§ 35.1 [Amended] 

2. Section 35.1 is amended as follows: 

 a. In paragraphs (b) and (c) remove all references to “supplement”. 

 b. In paragraph (c), the words “Notices of Cancellation or Termination” are 

removed and the words “cancellation or termination” are added in their place. 

3. Section 35.2 is amended as follows: 

 a. In paragraph (b), remove and reserve footnote 1. 

 b. Paragraphs (c), (d), and (e) are redesignated as paragraphs (d), (e), and (f) 

respectively. 

 c. In redesignated paragraphs (d) and (f), the words “rate schedule” are removed 

and the words “rate schedule or tariff” are added in their place. 

 d. Paragraph (c) is added, and redesignated paragraph (e) is revised to read as 

follows: 

§ 35.2 Definitions. 

 * * * * * 
Docket No. RM01-5-000 - 2 - 

(c) Tariff. The term “tariff” means a compilation of rate schedules, service 

agreements, and other schedules of a public utility. 

 * * * * * 

(e) Posting (1) The term posting as used in this part shall mean: 

 (i) Keeping a copy of every rate schedule, service agreement, or tariff of a 

public utility as currently on file, or as tendered for filing, with the Commission open and 

available during regular business hours for public inspection in a convenient form and 

place at the public utility's principal and district or division offices in the territory served, 

and 

 (ii) Serving each purchaser under a rate schedule, service agreement, or tariff 

either electronically or by mail in accordance with the service regulations in part 385 of 

this chapter with a copy of the rate schedule, service agreement, or tariff. Posting shall 

include, in the event of the filing of increased rates or charges, serving either 

electronically or by mail in accordance with the service regulations in part 385 of this 

chapter each purchaser under a rate schedule or schedules proposed to be changed and to 

each State Commission within whose jurisdiction such purchaser or purchasers distribute 

and sell electric energy at retail, a copy of the rate schedule showing such increased rates 

or charges, comparative billing data as required under this part, and, if requested by a 

purchaser or State Commission, a copy of the supporting data required to be submitted to 

this Commission under this part. Upon direction of the Secretary, the public utility shall 

serve copies of rate schedules, service agreements, or tariffs, and supplementary data, 

upon designated parties other than those specified herein. 
Docket No. RM01-5-000 - 3 - 

 (2) Unless it seeks a waiver of electronic service, each customer, State 

Commission, or other party entitled to service under this paragraph (e) must notify the 

company of the email address to which service should be directed. A customer, State 

Commission, or other 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. 

* * * * * 

4. Section 35.3(a) is revised to read as follows: 

§ 35.3 Notice requirements. 

(a) Rate schedules or tariffs. All rate schedules or tariffs or any part thereof shall be 

tendered for filing with the Commission and posted not less than sixty days nor more 

than one hundred-twenty days prior to the date on which the electric service is to 

commence and become effective under an initial rate schedule or the date on which the 

filing party proposes to make any change in electric service and/or rate, charge, 

classification, practice, rule, regulation, or contract effective as a change in rate schedule, 

except as provided in paragraph (b) of this section, or unless a different period of time is 

permitted by the Commission. Nothing herein shall be construed as in any way 

precluding a public utility from entering into agreements which, under this section, may 

not be filed at the time of execution thereof by reason of the aforementioned sixty to one 

hundred-twenty day prior filing requirements. The proposed effective date of any rate 

schedule or tariff filing having a filing date in accordance with § 35.2(d) may be deferred 

by making a filing requesting deferral prior to its acceptance by the Commission. 
Docket No. RM01-5-000 - 4 - 

* * * * * 

5. Section 35.7 is revised to read as follows: 

§ 35.7 Electronic filing requirements. 

 (a) General rule. All filings made in proceedings initiated under this part must 

be made electronically, including tariffs, rate schedules, service agreements, and 

contracts, or parts thereof, and material that relates to or bears upon such documents, 

such as cancellations, amendments, withdrawals, termination, or adoption of tariffs. 

Paper submittals are not required. 

 (b) Requirement for signature. All filings must be signed in compliance with 

the following: 

 (1) The signature on a filing constitutes a certification that: the contents are 

true and correct to the best knowledge and belief of the signer; and that the signer 

possesses full power and authority to sign the filing. 

 (2) A filing must be signed by one of the following: 

 (i) The person on behalf of whom the filing is made; 

 (ii) An officer, agent, or employee of the company, governmental authority, 

agency, or instrumentality on behalf of which the filing is made; or, 

 (iii) A representative qualified to practice before the Commission under 

§ 385.2101 of this chapter who possesses authority to sign. 

 (3) All signatures on the filing or any document included in the filing must 

comply, where applicable, with the requirements in part 385 of this chapter with respect 

to sworn declarations or statements and electronic signatures. 
Docket No. RM01-5-000 - 5 - 

 (c) Format requirements for electronic filing. The requirements and formats 

for electronic filing are listed in instructions for electronic filing and for each form. 

These formats are available on the Internet at http://www.ferc.gov and can be obtained at 

the Federal Energy Regulatory Commission, Public Information and Reference Branch, 

888 First Street, N.E., Washington, D.C. 20426. 

6. Section 35.8 is amended as follows: 

 a. The section heading is revised to read as follows: 

“§ 35.8 Protests and interventions by interested parties.” 

 b. The designation “(a)” is removed from paragraph (a). 

 c. Paragraph (b) is removed. 

7. Section 35.9 is revised to read as follows: 

§ 35.9 Requirements for filing rate schedules and tariffs.

 (a) All rates schedules, tariffs, and service agreements may be filed either by 

dividing the rate schedule, tariff, or agreements into individual tariff sheets, or tariff 

sections, or as an entire document except as provided in paragraphs (b) and (c) of this 

section. 

 (b) Open Access Transmission Tariffs (OATT) filed by utilities that are not 

Independent System Operators or Regional Transmission Organizations must be filed 

either as individual sheets or sections. If filed as sections, the sections must be no larger 

than the 1.0 level with single sections for each schedule or attachment. Individual 

agreements that are part of the OATT may be filed as entire documents. 

 (c) Open Access Transmission Tariffs and other open access documents filed 
Docket No. RM01-5-000 - 6 - 

by Independent System Operators or Regional Transmission Organizations must be filed 

either as individual sheets or sections. If filed as sections, the sections must be no larger 

than the 1.1 level including schedules or attachments. Individual agreements that are part 

of the OATT may be filed as entire documents. 

8. In § 35.10, paragraphs (b) and (c) are revised to read as follows: 

§ 35.10 Form and style of rate schedules and tariffs. 

* * * * * 

 (b) At the time a public utility files with the Commission and posts under this 

part to supersede, supplement, or otherwise change the provisions of a rate schedule, 

tariff, or service agreement previously filed with the Commission under this part, in 

addition to the other requirements of this part, it must list in the transmittal letter the 

pages or sections revised and file a marked version of the rate schedule or tariff pages or 

sections showing additions and deletions. New language must be marked by either 

highlight, background shading, bold text, or underlined text. Deleted language must be 

marked by strike-through. 

 (c) In any filing to supersede, supplement, or otherwise change the provisions 

of a rate schedule, tariff, or service agreement previously filed with the Commission 

under this part, only those revisions appropriately designated and marked under 

paragraph (b) of this section 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. 

* * * * * 
Docket No. RM01-5-000 - 7 - 

§ 35.10a [Amended] 

9. In § 35.10a(b), the word “§ 35.10(b)” is removed and the word “§ 35.7” is added 

in its place. 

§ 35.11 [Amended] 

10. In § 35.11, the words “purchasers under other rate schedules” are removed and the 

words “purchasers under other rate schedules or tariff provisions” are added in their 

place. 

11. Amend § 35.13 as follows: 

 a. Revise the section heading to read as follows: 

§ 35.13 Filing of changes in rate schedules or tariffs. 

* * * * * 

 b. In paragraph (a) introductory text, the word “supplement” is removed. 

 c. In paragraph (c)(1) introductory text, the words “or supplemented” are 

removed. 

12. In § 35.15, paragraph (a), the first sentence is revised to read as follows: 

§ 35.15 Notices of cancellation or termination.

 (a) General rule. When a rate schedule or tariff or part thereof required to be 

on file with the Commission is proposed to be cancelled or is to terminate by its own 

terms and no new rate schedule or tariff or part thereof is to be filed in its place, a filing 

must be made to cancel such rate schedule or tariff at least sixty days but not more than 

one hundred-twenty days prior to the date such cancellation or termination is proposed to 

take effect. * * * 
Docket No. RM01-5-000 - 8 - 

* * * * * 

§ 35.16 [Amended] 

13. In § 35.16, the words “on the form indicated in § 131.51 of this chapter” are 

removed and the words “with a tariff consistent with the electronic filing requirements in 

§ 35.7 of this part” are added in their place. 

14. Section 35.17 is amended as follows: 

a. Paragraphs (a), (b), and (c) are redesignated as paragraphs (c), (d), and (e), 

respectively. 

b. The section heading is revised, and new paragraphs (a) and (b) are added to 

read as follows: 

§ 35.17 Withdrawals and amendments of rate schedules or tariff filings.

 (a) Withdrawals of rate schedule or tariff filings prior to Commission action. 

 (1) A public utility may withdraw in its entirety a rate schedule or tariff filing 

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 rate schedule or tariff sections will not become effective under 

section 205(d) of the Federal Power 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 
Docket No. RM01-5-000 - 9 - 

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 rates or tariff sections prior to 

Commission action on the filing. A public utility may file to amend or modify a rate or 

tariff section contained in a rate schedule or tariff filing that has not become effective and 

upon which no Commission or delegated order has yet been issued. Such filing will toll 

the notice period in section 205(d) of the Federal Power Act for the original filing, and 

establish a new date on which the entire filing will become effective, in the absence of 

Commission action, no earlier than 61 days from the date of the filing of the amendment 

or modification. 

* * * * * 

§ 35.21 [Amended] 

15. In § 35.21, footnote 5, to the words “footnote 1 to” are removed. 

§ 35.23 [Amended] 

16. In § 35.23, paragraph (b)(1)(ii), the word “pages” is removed and the words 

“pages or sections” are added in their place. 

§§ 35.1, 35.4, 35.5, 35.6, 35.11, 35.12, 35.13, and 35.17 [Amended]

17. In addition to the amendments set forth above, in 18 CFR part 35, the following 

nomenclature changes are made to the sections indicated: 

 a. In §§ 35.1(b) and (c), 35.4, 35.6, 35.11, 35.12(a), 35.13(a), 35.13(a)(1), 

35.13(a)(2)(iii), 35.13(b)(1), 35.13(c)(1), 35.17(c), 35.17(d), and 35.17(e), all references 

to “rate schedule” are removed and “rate schedule or tariff” is added in their place. 
Docket No. RM01-5-000 - 10 - 

 b. In the headings of §§ 35.17(c), 35.17(d), and 35.17(e), all references to 

“rate schedules” are removed and “rate schedules or tariffs” is added in their place. 

PART 131 – FORMS

18. The authority citation for part 131 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. 

§§ 131.51 and 131.53 [Removed and Reserved] 

19. Sections 131.51 and 131.53 are removed and reserved. 

§ 131.52 [Amended] 

20. In § 131.52, the words “(An original and one conformed copy to be submitted)” 

are removed. 

PART 154 – RATE SCHEDULES AND TARIFFS

21. The authority citation for part 154 continues to read as follows: 

 Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-7352. 

§ 154.2 [Amended] 

22. In § 154.2, paragraph (b), the words “either in book form or” are removed. 

23. Section 154.4 is revised to read as follows: 

§ 154.4 Electronic filing of tariffs and related materials. 

(a) General rule. All filings made in proceedings initiated under this part must 

be made electronically, including tariffs, rate schedules, service agreements, and 

contracts, or parts thereof, and material that relates to or bears upon such documents, 

such as cancellations, amendments, withdrawals, termination, or adoption of tariffs. 
Docket No. RM01-5-000 - 11 - 

Paper submittals are not required. 

(b) Requirement for signature. All filings must be signed in compliance with 

the following: 

(1) The signature on a filing constitutes a certification that the contents are true 

to the best knowledge and belief of the signer, and that the signer possesses full power 

and authority to sign the filing. 

(2) A filing must be signed by one of the following: 

(i) The person on behalf of whom the filing is made; 

(ii) An officer, agent, or employee of the company, governmental authority, 

agency, or instrumentality on behalf of which the filing is made; or, 

(iii) A representative qualified to practice before the Commission under 

§ 385.2101 of this chapter who possesses authority to sign. 

(3) All signatures on the filing or any document included in the filing must 

comply, where applicable, with the requirements in § 385.2005 of this chapter with 

respect to sworn declarations or statements and electronic signatures. 

(c) Format requirements for electronic filing. The requirements and formats 

for electronic filing are listed in instructions for electronic filing and for each form. 

These formats are available on the Internet at http://www.ferc.gov and can be obtained at 

the Federal Energy Regulatory Commission, Public Information and Reference Branch, 

888 First Street, N.E., Washington, D.C. 20426. 

§ 154.5 [Amended] 
Docket No. RM01-5-000 - 12 - 

24. In § 154.5, the words “375.307 (b)(2)” are removed and the words “part 375” are 

added in their place. 

§ 154.101 [Removed and Reserved] 

25. Section 154.101 is removed and reserved. 

26. Section 154.102 is revised to read as follows: 

§ 154.102 Requirements for filing rate schedules and tariffs.

 (a) All rates schedules, tariffs, and service agreements may be filed either by 

dividing the rate schedule, tariff, or agreement into individual tariff sheets, or tariff 

sections, or as an entire document except as provided in paragraph (b) of this section. 

 (b) Open Access Transmission Tariffs must be filed either as individual sheets 

or sections. If filed as sections, each section must include only material of related subject 

matter and must be of reasonable length. Individual negotiated rate agreements, nonconforming service agreements, or other agreements that are included in the tariff may be 

filed as entire documents. 

27. Section 154.104 is revised to read as follows: 

§ 154.104 Table of contents. 

The table of contents must contain a list of the rate schedules, sections of the general 

terms and conditions, and other sections in the order in which they appear, showing the 

sheet number of the first page of each section or the section number. The list of rate 

schedules must consist of: The alphanumeric designation of each rate schedule, a very 

brief description of the service, and the sheet number of the first page of each rate 

schedule or the section number. 
Docket No. RM01-5-000 - 13 - 

§ 154.106 [Amended] 

28. In § 154.106, paragraph (b) is removed and reserved. 

§ 154.112 [Amended] 

29. Amend § 154.112 as follows: 

 a. In paragraph (a) remove the word “page” and add in its place “page or 

section”. 

b. In paragraph (a) remove the words “or insert sheets” and add in their place 

“inserted sheets or sections”. 

30. Section 154.201 (a) is revised to read as follows: 

§ 154.201 Filing requirements. 

* * * * * 

 (a) A list in the transmittal letter of the tariff pages or sections being revised 

and a marked version of the pages 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. 

* * * * * 
Docket No. RM01-5-000 - 14 - 

31. Section 154.205 is amended as follows: 

a. Paragraphs (a), (b), and (c) are redesignated as paragraphs (c),(d), and 

(e), respectively. 

b. The section heading is revised, and paragraphs (a) and (b) are added to read 

as follows: 

§ 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 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 sections or service agreements prior 

to Commission action on a tariff filing. A natural gas company may file to amend or 
Docket No. RM01-5-000 - 15 - 

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 

action, no earlier than 31 days from the date of the filing of the amendment or 

modification. 

* * * * * 

32. In § 154.208, paragraph (d) is revised and paragraphs (e) and (f) are added to read 

as follows: 

§ 154.208 Service on customers and other parties. 

* * * * * 

 (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 under this section must notify the company of the email address to 

which service should be directed. A customer or party may seek a waiver of electronic 
Docket No. RM01-5-000 - 16 - 

service by filing a waiver request under part 390 of this chapter, providing good cause for 

its inability to accept electronic service. 

§ 154.209 [Removed and Reserved] 

33. Section 154.209 is removed and reserved. 

§ 154.402 [Amended] 

34. In § 154.402, paragraph (b)(1), the word “schedules” is removed and the words 

“rate schedules” are added in its place. 

§ 154.602 [Amended] 

35. Section 154.602 is amended by removing the phrase “on the form indicated in 

§ 250.2 or § 250.3 of this chapter, whichever is applicable” and adding in its place the 

phrase “tariff filing in the electronic format required by § 154.4”. 

36. Section 154.603 is revised as follows: 

§ 154.603 Adoption of the tariff by a successor. 

 Whenever the tariff or contracts of a natural gas company on file with the 

Commission is to be adopted by another company or person as a result of an acquisition, 

or merger, authorized by a certificate of public convenience and necessity, or for any 

other reason, the succeeding company must file with the Commission, and post within 

30 days after such succession, a tariff filing in the electronic format required by § 154.4 

bearing the name of the successor company. 

§§ 154.7, 154.111, 154.202, 154.206, 154.208, 154.402, and 154.403 [Amended] 

37. In addition to the amendments set forth above, in 18 CFR part 154, the following 

nomenclature changes are made to the sections as amended: 
Docket No. RM01-5-000 - 17 - 

 a. In §§ 154.7(a)(5), 154.111(c), 154.202 (b), 154.206(a), 154.208(a), all 

references to “sheets” are removed and “sheets or sections” is added in their place. 

 b. In §§ 154.402(b) introductory text, 154.402(b)(3), 154.403(b), all 

references to “sheet” are removed and “sheet or section” is added in their place. 

PART 157- APPLICATIONS FOR CERTIFICATES OF PUBLIC 

CONVENIENCE AND NECESSITY AND FOR ORDERS PERMITTING AND 

APPROVING ABANDONMNENT UNDER SECTION 7 OF THE NATURAL GAS 

ACT 

38. The authority citation for part 157 continues to read as follows: 

 Authority: 15 U.S.C. 717-717w. 

39. Amend § 157.217 by adding a sentence to the end of paragraph (a)(4) to read as 

follows: 

§ 157.217 Changes in rate schedules. 

(a) * * * 

 (4) * * * This tariff filing must be filed in the electronic format 

required by § 154.4 of this chapter. 

* * * * * 

PART 250 – FORMS

40. The authority citation for part 250 continues to read as follows: 

 Authority: 15 U.S.C. 717-717w; 3301-3432; 42 U.S.C. 7101-7352. 

§§ 250.2, 250.3, and 250.4 [Removed and Reserved] 

41. Sections 250.2, 250.3, and 250.4 are removed and reserved. 
Docket No. RM01-5-000 - 18 - 

PART 281 – NATURAL GAS CURTAILMENT UNDER THE NATURAL GAS 

POLICY ACT OF 1978 

42. The authority citation for part 281 continues to read as follows: 

 Authority: 15 U.S.C. 717-717w; 3301-3432; 16 U.S.C. 2601-2645; 42 U.S.C. 

7101-7352. 

43. In § 281.204, the first sentence in paragraph (a) is revised to read as follows: 

§ 281.204 Tariff filing requirements. 

 (a) General Rule. Each interstate pipeline listed in § 281.202 shall file tariff 

sheets, in accordance with § 154.4 of this chapter, including an index of entitlements, 

which provides that if the interstate pipeline is in curtailment, natural gas will be 

delivered in accordance with the provisions of this subpart. * * * 

* * * * * 

§§ 281.204, 281.212, 281.213 [Amended] 

44. In addition to the amendments set forth above, in 18 CFR part 281, the following 

nomenclature changes are made to the sections as amended: 

 a. In §§ 281.204 (a), 281.212 (a), 281.212 (b), 281.212 (c), 281.213 (b), 

281.213 (d), 281.213 (e), all references to “sheets” are removed and “sheets or sections” 

is added in their place. 

 b. In § 281.212, the section heading is amended to remove the reference to 

“sheets.” 
Docket No. RM01-5-000 - 19 - 

PART 284 – CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS 

UNDER THE NATURAL GAS POLICY ACT OF 1978 AND RELATED 

AUTHORITIES 

45. The authority citation for part 284 continues to read as follows: 

 Authority: 15 U.S.C. 717-717w; 3301-3432; 42 U.S.C. 7101-7352; 43 U.S.C. 

1331-1356. 

46. In § 284.123, paragraph (e) is revised and paragraph (f) is added to read as 

follows: 

§ 284.123 Rates and charges. 

* * * * * 

 (e) Filing requirements. Within 30 days of commencement of new service, 

any intrastate pipeline that engages in transportation arrangements under this subpart 

must file with the Commission a statement that includes the pipeline’s interstate rates, the 

rate election made pursuant to paragraph (b) of this section, and a description of how the 

pipeline will engage in these transportation arrangements, including operating conditions, 

such as, quality standards and financial viability of the shipper. If the pipeline changes 

its operations, rates, or rate election under this subpart, it must amend the statement and 

file such amendments not later than 30 days after commencement of the change in 

operations or the change in rate election. 

 (f) Electronic filing of statements, and related materials. (1) General rule. 

All filings made in proceedings initiated under this part must be made electronically, 

including rates and charges, or parts thereof, and material related thereto, statements, and 

all workpapers. Paper submittals are not required to be filed. 
Docket No. RM01-5-000 - 20 - 

 (2) Requirements for signature. All filings must be signed in compliance with 

the following: 

(i) The signature on a filing constitutes a certification that the contents are true 

to the best knowledge and belief of the signer, and that the signer possesses full power 

and authority to sign the filing. 

(ii) A filing must be signed by one of the following: 

(A) The person on behalf of whom the filing is made; 

(B) An officer, agent, or employee of the company, governmental authority, 

agency, or instrumentality on behalf of which the filing is made; or, 

(C) A representative qualified to practice before the Commission under 

§ 385.2101 of this chapter who possesses authority to sign. 

(iii) All signatures on the filing or any document included in the filing must 

comply, where applicable, with the requirements in § 385.2005 of this chapter with 

respect to sworn declarations or statements and electronic signatures. 

(3) Format requirements for electronic filing. The requirements and formats 

for electronic filing are listed in instructions for electronic filing and for each form. 

These formats are available on the Internet at http://www.ferc.gov and can be obtained at 

the Federal Energy Regulatory Commission, Public Information and Reference Branch, 

888 First Street, N.E., Washington, D.C. 20426. 

47. In § 284.224, paragraph (e)(5) is revised to read as follows: 

§ 284.224 Certain transportation and sales by local distribution companies. 

* * * * * 
Docket No. RM01-5-000 - 21 - 

(e) * * * 

(5) Filing Requirements. Filings under this section must comply with the 

requirements of §284.123 (f) of this part. The tariff filing requirements of part 154 of this 

chapter shall not apply to transactions authorized by the blanket certificate. 

* * * * * 

PART 300 – CONFIRMATION AND APPROVAL OF THE RATES OF 

FEDERAL POWER MARKETING ADMINISTRATIONS 

48. The authority citation for part 300 continues to read as follows: 

 Authority: 16 U.S.C. 825s, 832-8321, 838-838k, 839-839h; 42 U.S.C. 7101-

7352; 43 U.S.C. 485-485k. 

49. In § 300.10, paragraph (a)(4) is added to read as follows: 

§ 300.10 Application for confirmation and approval.

 (a) * * * 

 (4) Electronic filing. All material must be filed electronically in accordance 

with the requirements of § 35.7 of this chapter. Paper submittals are not required to be 

filed. 

* * * * * 

PART 341 – OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT 

TO SECTION 6 OF THE INTERSTATE COMMERCE ACT 

50. The authority citation for part 341 continues to read as follows: 

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

51. In § 341.0, paragraph (a)(11) is revised and paragraph (a)(13) is added to read as 

follows: 
Docket No. RM01-5-000 - 22 - 

§ 341.0 Definitions; application. 

 (a) * * * 

 (11) Tariff publication means all parts of a filed tariff, including revised pages, 

and supplements and sections. 

* * * * * 

 (13) Section means an individual portion of a tariff that is tracked and accorded 

appropriate legal status (proposed, suspended, effective). A section is the smallest 

portion of a tariff that can be submitted as part of a tariff filing. 

* * * * * 

52. Section 341.1 is revised to read as follows: 

§ 341.1 Electronic filing of tariffs and related materials. 

 (a) General rule. All filings of tariff publications and related materials made 

in proceedings initiated under this part must be made electronically. Paper submittals are 

not required. 

 (b) Requirement for signature. All filings must be signed in compliance with 

the following: 

(1) The signature on a filing constitutes a certification that the contents are true 

to the best knowledge and belief of the signer, and that the signer possesses full power 

and authority to sign the filing. 

(2) A filing must be signed by one of the following: 

(i) The person on behalf of whom the filing is made; 

(ii) An officer, agent, or employee of the company, governmental authority, 
Docket No. RM01-5-000 - 23 - 

agency, or instrumentality on behalf of which the filing is made; or, 

(iii) A representative qualified to practice before the Commission under 

§ 385.2101 of this chapter who possesses authority to sign. 

(3) All signatures on the filing or any document included in the filing must 

comply, where applicable, with the requirements in § 385.2005 of this chapter with 

respect to sworn declarations or statements and electronic signatures. 

(c) Format requirements for electronic filing. The requirements and formats 

for electronic filing are listed in instructions for electronic filing and for each form. 

These formats are available on the Internet at http://www.ferc.gov and can be obtained at 

the Federal Energy Regulatory Commission, Public Information and Reference Branch, 

888 First Street, N.E., Washington, D.C. 20426. 

53. Section 341.2 is amended as follows: 

a. Paragraph (c)(3) is removed. 

b. In paragraph (c)(1), the reference to “ or supplement numbers” is removed 

and “supplemental numbers, or tariff sections” is added in its place. 

c. Paragraphs (a) and (c)(2) are revised to read as follows: 

§ 341.2 Filing requirements.

(a) Service of filings. (1) Carriers must serve tariff publications and 

justifications to each shipper and subscriber. The company may choose to effect service 

either electronically or by paper. Such service shall be made in accordance with the 

requirements of part 385 of this chapter. 

 (2) Unless it seeks a waiver of electronic service, each customer or party 
Docket No. RM01-5-000 - 24 - 

entitled to service under this paragraph (a) must notify the company of the email 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. 

* * * * * 

 (c) * * * 

 (2) Certification. Letters of transmittal must certify that the filing has been 

sent to each subscriber of the tariff publication pursuant to paragraph (a) of this section. 

If there are no subscribers, letters of transmittal must so certify. 

* * * * * 

54. In § 341.3, paragraphs (a), (b)(6)(ii), and (b)(10)(i) are revised, and paragraph (b) 

(10) (vi) is added to read to read as follows. 

§ 341.3 Form of tariff.

 (a) Tariffs may be filed either by dividing the tariff into individual loose-leaf tariff 

sheets or tariff sections, or as an entire document. 

(b) * * * 

(6) * * * 

(ii) Each rule must be given a separate item number, (e.g., Item No. 1), and the 

title of each rule must be distinctive. 

* * * * * 

(10) * * * 

(i) All tariff publications must identify where changes have been made in 
Docket No. RM01-5-000 - 25 - 

existing rates or charges, rules, regulations or practices, or classifications. One of the 

following letter designations or uniform symbols may be used to indicate the change, and 

insertions, other than to tables and rates, must be indicated by either highlight, 

background shading, bold, or underline, with deleted text indicated by strike-through.: 

Description Option 1 Option 2 

Increase + [I] 

Decrease ~ [D] 

Change in wording only ^ [W] 

Cancel } [C] 

Reissued Item = [R] 

Unchanged Rate { [U] 

New * [N] 

* * * * * 

(vi) Only revisions that are marked appropriately 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. 

* * * * * 

§ 341.4 [Amended] 

55. In § 341.4, paragraph (c) is removed and reserved. 

56. In § 341.13, paragraph (a) and paragraph (b) introductory text are revised to read 

as follows: 

§ 341.13 Withdrawal of proposed tariff publications. 

(a) Proposed tariff publications. A proposed tariff publication which is not yet 

effective may be withdrawn at any time by filing a notice with the Commission with a 
Docket No. RM01-5-000 - 26 - 

certification that all subscribers have been notified by copy of such withdrawal. 

 (b) Tariff publications that are subject to investigation. A tariff publication 

that has been permitted to become effective subject to investigation may be withdrawn at 

any time by filing a notice with the Commission, which includes a transmittal letter, a 

certification that all subscribers have been notified of the withdrawal, and the previous 

tariff provisions that are to be reinstated upon withdrawal of the tariff publication under 

investigation. Such withdrawal shall be effective immediately upon the submission of 

the notice, unless a specific effective date is set forth in the notice, and must have the 

following effects: 

* * * * * 

PART 344 – FILING QUOTATIONS FOR U.S. GOVERNMENT SHIPMENTS AT 

REDUCED RATES 

57. The authority citation for part 344 continues to read as follows: 

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

58. Amend § 344.2 as follows: 

a. Remove and reserve paragraph (b). 

b. Revise paragraphs (a) and (c) to read as follows: 

§ 344.2 Manner of submitting quotations. 

 (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. 
Docket No. RM01-5-000 - 27 - 

 (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. 

* * * * * 

PART 346 – OIL PIPELINE COST-OF-SERVICE FILING REQUIREMENTS 

59. The authority citation for part 346 continues to read as follows: 

 Authority: 42 U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. U.S.C. 1–85. 

60. In § 346.1, the introductory text is revised to read as follows: 

§ 346.1 Content of filing for cost-of-service 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: 

* * * * * 

PART 347 – OIL PIPELINE DEPRECIATION STUDIES 

61. The authority citation for part 347 continues to read as follows: 

 Authority: 42 U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. U.S.C. 1–85. 
Docket No. RM01-5-000 - 28 - 

62. Section 347.1 is amended as follows: 

 a. Paragraph (a) is revised to read as follows: 

§ 347.1 Material to support request for newly established or changed property

account depreciation studies. 

(a) Means of filing. Filing of a request for new or changed property account 

depreciation rates must be made under this part 347 and must be consistent with §§ 341.1 

and 341.2 of this chapter. 

* * * * * 

 b. Remove and reserve paragraph (b). 

 c. In paragraph (c), remove the last two sentences. 

PART 348 – OIL PIPELINE APPLICATIONS FOR MARKET POWER 

DETERMINATIONS 

63. The authority citation for part 348 continues to read as follows: 

Authority: 42 U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. U.S.C. 1–85. 

64. In § 348.2, paragraphs (a) and (c) are revised to read as follows: 

§ 348.2 Procedures. 

 (a) A carrier must file in the manner provided by §§ 341.1 and 341.2 of this 

chapter. A carrier must submit with its application any request for privileged treatment 

of documents and information under § 388.112 of this chapter and a proposed form of 

protective agreement. 

* * * * * 

 (c) A letter of transmittal must describe the market-based rate filing, including 

an identification of each rate that would be market-based, and the pertinent tariffs, state if 
Docket No. RM01-5-000 - 29 - 

a waiver is being requested and specify the statute, section, subsection, regulation, policy 

or order requested to be waived. Letters of transmittal must be certified pursuant to 

§ 341.1(b) of this chapter. 

* * * * * 

PART 375 – THE COMMISSION 

65. The authority citation for part 375 continues to read as follows: 

 Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791-

825r, 2601-2645; 42 U.S.C. 7101-7352. 

66. Amend § 375.307 as follows: 

 a. Paragraph (b)(1)(i) is amended by removing the word “and” from the end 

of the paragraph. 

 b. Paragraph (b)(1)(ii) is amended by removing the period at the end of the 

paragraph and adding “; and” in its place. 

 c. Paragraph (b)(1)(iii) is added to read as follows: 

§ 375.307 Delegations to the Director of the Office of Energy Market Regulation. 

* * * * * 

 (b) * * * 

 (1) * * * 

 (iii) Filings for administrative revisions to electronic filed tariffs. 

* * * * * 

PART 385--RULES OF PRACTICE AND PROCEDURE

67. The authority citation for part 385 continues to read as follows: 
Docket No. RM01-5-000 - 30 - 

Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16 U.S.C. 791a825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 42 U.S.C. 7101-7352, 

16441,16451-16463; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988). 

§ 385.203 [Amended] 

68. In § 385.203, paragraph (a)(4), the reference to “sheets” is removed and “sheets or 

sections” is added in its place. 

69. In § 385.215, paragraph (a)(2) is revised to add a first sentence to read as follows: 

§ 385.215 Amendment of pleadings and tariff or rate filings (Rule 215).

(a) * * * 

(2) A tariff or rate filing may be amended or modified only as provided in the 

regulations governing such filings. * * * 

* * * * * 

70. In § 385.216, paragraph (a) is revised to read as follows: 

§ 385.216 Withdrawal of pleadings and tariff or rate filings (Rule 216).

 (a) Filing. Any participant, or any person who has filed a timely motion to 

intervene which has not been denied, may seek to withdraw a pleading by filing a notice 

of withdrawal. The procedures provided in this section do not apply to withdrawals of 

tariff or rate filings, which may be withdrawn only as provided in the regulations 

governing the filings. 

* * * * * 
Docket No. RM01-5-000 - 31 - 

§ 385.217 [Amended] 

71. In § 385.217, paragraph (d)(1)(iii), the reference to “sheets” is removed and 

“sheets or sections” is added in its place.

§ 385.2011 [Amended] 

72. In § 385.2011, paragraph (b)(1) is removed and reserved, and paragraphs (b)(4) 

and (b)(5) are removed.