129 FERC ¶ 61,024 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

18 CFR Part 35 

Docket No. RM09-24-000; Order No. 727 

Interest Rates for Refunds 

(Issued October 15, 2009) 

AGENCY: Federal Energy Regulatory Commission. 

ACTION: Final Rule. 

SUMMARY: The Commission is revising its regulations governing the interest rates 

used in calculating refunds. Because the Federal Reserve no longer publishes Statistical 

Release G. 13, which was previously referenced in the Commission’s regulations, and 

Statistical Release G. 13 has been superseded by Statistical Release H. 15, this Final Rule 

revises the Commission’s regulations to now reference the Federal Reserve’s Statistical 

Release H. 15. 

EFFECTIVE DATE: This rule will become effective October 15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Spiker (Technical Information) 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, DC 20426 

(202) 502-8801 

rachel.spiker@ferc.gov

Moon Athwal (Legal Information) 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, DC 20426 
Docket No. RM09-24-000 - 2 - 

(202) 502-6272 

moon.athwal@ferc.gov

SUPPLEMENTARY INFORMATION:
129 FERC ¶ 61,024 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Before Commissioners: Jon Wellinghoff, Chairman; 

 Suedeen G. Kelly, Marc Spitzer, 

 and Philip D. Moeller. 

 Interest Rates for Refunds Docket No. RM09-24-000 

ORDER NO. 727

FINAL RULE 

(Issued October 15, 2009) 

I. Discussion

1. The Commission is revising its regulations governing the interest rates used in 

calculating refunds to reflect a change in the Federal Reserve’s publications. Currently, 

the regulations reference the Federal Reserve’s Statistical Release G. 13 for the 

calculation of the average prime rate for each calendar quarter used in determining 

refunds.1

 The Federal Reserve no longer publishes Statistical Release G. 13, and 

Statistical Release G. 13 has been superseded by Statistical Release H. 15.2

 Accordingly, 

this Final Rule revises the Commission’s regulations to now refer to the Federal 

 1

 18 CFR 35.19a(a)(2)(iii)(A)(2009). 

2

 Federal Reserve, Discontinuance of the G.13 (Sept. 4, 2001), 

http://www.federalreserve.gov/releases/g13/g13note.htm. 
Docket No. RM09-24-000 - 2 - 

Reserve’s Statistical Release H. 15. The methods for calculating refunds or for 

determining the applicable interest rates are not being altered in any way. 

II. Information Collection Statement

2. The Office of Management and Budget's (OMB) regulations require that OMB 

approve certain information collection requirements imposed by agency rule.3

 This Final 

Rule does not contain information collection requirements and is not subject to OMB 

approval. 

III. Environmental Analysis

3. 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 quality of the human environment.4

 Issuance of this Final Rule does not represent 

a major federal action having a significant adverse effect on the quality of the human 

environment under the Commission's regulations implementing the National 

Environmental Policy Act of 1969. Part 380 of the Commission's regulations lists 

exemptions to the requirement to draft an Environmental Analysis or Environmental 

 3

 5 CFR Part 1320. 

4 Regulations Implementing the National Environmental Policy Act, Order 

No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 (1987). 
Docket No. RM09-24-000 - 3 - 

Impact Statement. Included is an exemption for procedural, ministerial or internal 

administrative actions and management.5

 This rulemaking is exempt under that 

provision. 

IV. Regulatory Flexibility Act

4. The Regulatory Flexibility Act of 1980 (RFA)6

 generally requires a description 

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

number of small entities. This final rule makes a ministerial correction to the regulations, 

correcting the reference to a Federal Reserve Statistical Release. The Commission 

certifies that it will not have a significant economic impact on a substantial number of 

small entities. An analysis under the RFA is not required. 

V. Document Availability

5. 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 the Commission’s Home Page 

(http://www.ferc.gov) and in the Commission’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. 

 5

 18 CFR 380.4(1). 

6

 5 U.S.C. 601-12. 
Docket No. RM09-24-000 - 4 - 

6. From the Commission’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. 

7. User assistance is available for eLibrary and the Commission’s website during 

normal business hours from FERC Online Support at 202-502-6652 (toll free at 1-866-

208-3676) 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. 

VI. Effective Date

8. These regulations are effective October 15, 2009. In accordance with 5 U.S.C. 

553(d)(3), the Commission finds that good cause exists to make this Final Rule effective 

immediately. It corrects an out-of-date reference in the Commission’s regulations to 

reflect a change in the Federal Reserve’s Statistical Releases. It will not significantly and 

adversely affect persons appearing before the Commission. There is therefore no reason 

to make this rule effective at a later time. 

9. The Commission is issuing this rule as a Final Rule without a period for public 

comment. Under 5 U.S.C. 553(b), notice and comment procedures are unnecessary 

where a rulemaking concerns only agency procedure and practice, or where the agency 
Docket No. RM09-24-000 - 5 - 

finds that notice and comment are unnecessary.7

 The Commission finds that notice and 

comment are unnecessary because the Commission is merely correcting a reference to a 

no longer published Federal Reserve Statistical Release. No new burden or regulatory 

requirement is imposed on regulated entities or the general public. Instead, this Final 

Rule merely updates an out-of-date reference in the Commission’s regulations to reflect a 

change in the Federal Reserve’s Statistical Releases. 

List of subjects in 18 CFR Part 35 

Electric power rates, Electric utilities, Reporting requirements. 

By the Commission. 

( S E A L ) 

Kimberly D. Bose, 

Secretary. 

 

 

 7

 We similarly find that this rule does not substantially affect the rights or 

obligations of parties to Commission proceedings, since it merely corrects a reference to 

a no longer published Federal Reserve Statistical Release, and otherwise does not change 

the methods for calculating refunds or for determining the applicable interest rates. See 5 

U.S.C. 804(3)(C). 
Docket No. RM09-24-000 - 6 - 

In consideration of the foregoing, the Commission amends part 35, 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. 

2. In section 35.19a, paragraph (a)(2)(iii)(A) is revised to remove the phrase 

“Statistical Release G. 13” and to add the phrase “Statistical Release H. 15” in its place.