124 FERC ¶ 61,270

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; Order No. 714]

Electronic Tariff Filings

(Issued September 19, 2008)

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final Rule.

SUMMARY: The Federal Energy Regulatory Commission is revising its regulations to

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

utilities, natural gas pipelines, oil pipelines and power administrations be filed

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

American Energy Standards Board. This rule is part of the Commission’s efforts to

comply with the Paperwork Reduction Act, the Government Paperwork Elimination Act

(GPEA), and the E-Government Act of 2002 by developing the capability to file

electronically with the Commission via the Internet. Electronic filing reduces physical

storage space needs and document processing time, provides for easier tracking of

document filing activity; potentially reduces mailing and courier fees; allows concurrent

access to the tariff filing by multiple parties as well as the ability to download and print

tariff filings; and provides automatic e-mail notification to an applicant of receipt of the

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filing and whether or not it has been accepted. Upon implementation of this rule, the

Commission will no longer accept tariff filings submitted in paper format.

EFFECTIVE DATES: This rule will become effective [Insert_Date days after

publication in the FEDERAL REGISTER]. Implementation will begin April 1, 2010

pursuant to a six month staggered schedule.

FOR FURTHER INFORMATION CONTACT:

H. Keith Pierce (Technical Information)

Office of Energy Market Regulation

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

888 First Street, N.E.

Washington, D.C. 20426

(202) 502-8560

Andre.Goodson@ferc.gov

SUPPLEMENTARY INFORMATION:

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124 FERC ¶ 61,270

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Electronic Tariff Filings Docket No. RM01-5-000

ORDER NO. 714

FINAL RULE

TABLE OF CONTENTS

Paragraph Numbers

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

II. Discussion ..................................................................................................................... 9.

A. Electronic Filing Requirements.............................................................................. 15.

1. Companies Required to File Tariffs Electronically............................................ 15.

2. Procedures for Making Tariff Filings................................................................. 16.

3. XML Schema and Tariff Database..................................................................... 23.

B. Tariff Filing Requirements..................................................................................... 33.

1. Sheets or Section Filing Requirements............................................................... 35.

2. Gas and Electric Open Access Transmission Tariffs......................................... 40.

3. Versioning........................................................................................................... 46.

4. Marked Tariff Changes....................................................................................... 52.

5. Clean Tariff Sheets Filed as Attachments .......................................................... 58.

6. Joint, Shared, and Section 206 Filings .............................................................. 60.

a. Joint Tariff Filings.......................................................................................... 61.

b. Shared Tariffs................................................................................................. 65.

c. Section 206 Filings Related to ISOs/RTOs.................................................... 74.

C. Other Business Practice Changes........................................................................... 77.

1. Electronic Service............................................................................................... 77.

2. Attachment Documents ...................................................................................... 79.

3. Withdrawal of Pending Tariff Filings and Amendments to Tariff Filings......... 80.

4. Motions............................................................................................................... 83.

5. Rate Sheets for Tariff Filings by Intrastate and Hinshaw Pipelines................... 84.

D. Regulatory Text...................................................................................................... 86.

E. Transition Procedures............................................................................................. 87.

1. Testing of Software............................................................................................. 87.

2. Baseline Tariff Filings........................................................................................ 92.

3. Implementation Date for eTariff....................................................................... 102.

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III. Information Collection Statement ........................................................................... 105.

A. Comments on the NOPR’s Burden Estimates...................................................... 107.

B. Burden Estimates.................................................................................................. 113.

IV. Environmental Analysis.......................................................................................... 119.

V. Regulatory Flexibility Act ........................................................................................ 120.

VI. Document Availability ............................................................................................ 122.

VII. Effective Date and Congressional Notification ..................................................... 125.

Regulatory Tex

Appendix

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UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Before Commissioners: Joseph T. Kelliher, Chairman;

Suedeen G. Kelly, Marc Spitzer,

Philip D. Moeller, and Jon Wellinghoff.

Electronic Tariff Filings Docket No. RM01-5-000

ORDER NO. 714

FINAL RULE

(Issued September 19, 2008)

1. The Commission in the last several years has expanded its capability to accept

electronic filings. As part of this process, the Commission has sought to develop a means

by which publicly regulated utilities could file tariffs, rate schedules, and other

jurisdictional contracts and agreements electronically in a fashion that would permit the

Commission to assemble and organize the disparate pieces of these agreements for

display and for use by the Commission and the public. 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)

developed a set of standards to be used by companies in making tariff and tariff related

filings at the Commission. The Commission is adopting these standards as the

requirement for making tariff and tariff related filings.

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I. Background

2. The development of these standards began in 2004 with a Notice of Proposed

Rulemaking

1 in which 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.

3. While some 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 formatting tariffs to

fit the parameters of the software could be difficult or time consuming.

1 Electronic Tariff Filings, Notice of Proposed Rulemaking 69 FR 43,929 (July 23,

2004) FERC Stats. & Regs., Proposed Regulations 2004-2007 ¶ 32,575 (2004) (2004

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

FERC Stats. & Regs. ¶ 35,551 (2005) (2005 Notice). The 2004 NOPR was the result of

an earlier Notice of Inquiry and Informal Conference in this same proceeding (Electronic

Tariff Filings, 66 FR 15673 (March 20, 2001), FERC Stats. & Regs. ¶ 35,538, at 35,789-

91 (2001)).

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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, intrastate natural

gas pipelines, and third party software developers 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. Total

attendance in all the meetings was 991 participants either in person or by electronic

conferencing, with an average attendance of 62 people for each meeting.

6. The committees determined not to use the Commission developed software, but

instead to develop standards that would enable individual companies to develop or

procure software for making tariff filings that would best meet the needs of each

company’s business requirements. 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.

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7. 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

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.”

8. On April 17, 2008, the Commission issued a Supplemental Notice of Proposed

Rulemaking (NOPR) proposing to use the NAESB developed standards as the means to

effectuate electronic tariff filing.

2 The NOPR also proposed solutions to several issues

raised during the NAESB process, such as the filing process for shared and joint tariffs.

Twenty comments were filed, with most generally favoring the use of the NAESB

standards.

3

II. Discussion

9. As the background indicated, this proceeding has followed a long and winding

road, with a number of detours and U-turns, but we have reached the end of the road and

2 As used in this Final Rule, the “NAESB standards” or “standards” refer to a set

of data elements and requirements that are posted on the Commission website.

Instruction Manual for Electronic Filing of Parts 35, 154, 300, 341 and 284 Tariff Filings.

(http://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=11683627)

3 Appendix A lists the commenters and the abbreviations used for each.

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are adopting a final set of standards for electronic tariff filings.

4 We again want to thank

NAESB, its Board of Directors, and the numerous volunteers from across the spectrum of

the gas, electric, and oil industries who were able to meet with staff and develop a set of

standards and protocols that will achieve the Commission’s goal of establishing a robust

electronic filing environment for tariffs and tariff related material and will make it

possible for the Commission staff and the public to retrieve this material from a database.

We will adopt the standards and protocols developed through the NAESB collaborative

process in place of providing Commission-created software. Adoption of these standards

and protocols will provide each company with enhanced flexibility to develop software to

better integrate tariff filings with their individual tariff maintenance and business needs.

These standards and protocols also will provide an open platform permitting third-party

software developers to create more efficient tariff filing and maintenance applications,

which will spread the development costs over larger numbers of companies.

10. Over the last few years, the Commission has greatly expanded its ability to accept

electronically filed material, including interventions, protests, rehearings, complaints, and

4 Smith v. Lachter (In re Smith), 352 B.R. 702 (B.A.P. 9th Cir. 2006) (“This

matter is reminiscent of that old Beatles' standard, ‘The Long and Winding Road,’ a

brooding song about a road that never ends. One can only hope that, with this opinion,

the end of the road is indeed in sight”).

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applications for certificates and licenses.

5 We now are expanding these filings to include

tariffs and tariff-related material, which comprise a large portion of the Commission’s

workload. But tariff filings raise special challenges that our current filing systems do not

address. eLibrary is designed and works extremely well as a repository that stores, and

permits retrieval of, all documents filed in individual docketed proceedings. But while an

individual tariff filing is made in an individual docket, the tariff itself is an organically

changing document that is comprised of individual filings made in many different

dockets over time. In 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. Indeed, for tariffs filed

on paper, the Commission has managed these tariffs as a database by keeping tariff

books, open to the public at our headquarters, in which new pages are inserted to replace

old pages to reflect revisions, and such changes are recorded in “numbering” sheets to

5 See Electronic Registration, Order No. 891, 67 FR 52,406 (Aug. 12, 2002),

FERC Stats. & Regs. ¶ 31,132 (2002); Electronic Filing of FERC Form 1, and

Elimination of Certain Designated Schedules in Form Nos. 1 and 1F, Order No. 626,

67 FR 36,093 (May 23, 2002), FERC Stats. & Regs. ¶ 31,130 (2002); Electronic Service

of Documents, 66 FR 50,591 (Oct. 4, 2001), FERC Stats. & Regs. ¶ 35,539 (2001);

Revised Public Utility Filing Requirements, Order No. 2001, 67 FR 31,043 (May 8,

2002), FERC Stats. & Regs. ¶ 31,127 (2002); Electronic Filing of Documents, Order No.

619, 65 FR 57,088 (Sept. 21, 2000), FERC Stats. & Regs. ¶ 31,107 (2000); Electronic

Notification of Commission Issuances, Notice of Proposed Rulemaking, FERC Stats. &

Regs. ¶ 32,574 (2004); Filing Via the Internet, Order No. 703, 72 FR 65,659 (Nov. 23,

2007), FERC Stats. & Regs. ¶ 31,259, P 33 (2007) (Order No. 703).

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ensure that the tariff reflects the currently effective tariff.

6 The standards we are adopting

in this Final Rule merely replace this paper system with a very similar electronic database

that will similarly track the tariff submissions and tariff history, but in a form that will

make tariff information more widely available over the Internet.

11. 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. In fact, the effectiveness of tariff provisions arises in a number of

contexts, particularly in complaint cases, in which the Commission and the participants

need to know the effective tariff at a particular point in time.

7

6 In fact, companies often arrange to view their own tariffs to try and recreate

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

proceeding.

7 See FPL Energy Marcus Hook, L.P. v. PJM Interconnection, LLC, 123 FERC

¶ 61,289, at P 39 n.77, 77-80 (2008) (in a complaint case, the complainant and all other

parties relied on the current version of a tariff provision rather than the provision in effect

at the time).

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12. The set of NAESB standards provides a foundation for building such a database.

The standards define an extensible markup language (XML) schema

8 that will permit

filers to assemble an XML 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 parse

9 (divide) the

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

and provide the metadata

10 that will permit automated organization of the tariff and

permit the Commission and the public to search that database. As an example of the

8 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 proposed effective date, and certain sections of tariff text. The tagged

information can be extracted and separately searched.

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

into a form suitable for further processing.

10 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.

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expanded public access to tariffs, the Commission currently provides electronic access to

approximately 150 NGA interstate pipeline tariffs utilizing the FASTR standards. That

access under the NAESB standards should expand to at least 1600 companies’ tariffs.

The NAESB standards also will provide flexibility to companies making tariff filings by

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

that will best accommodate its filing patterns and needs.

13. Some of the principal requirements of the standards and regulations being adopted

here are:

• Tariffs

11

may be filed either using the current sheet based nomenclature or

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

12

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

RTF13 or PDF,

14

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

regulations.

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

electronic service of other Commission filings.

11 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.

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

header or footer on the tariff page.

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

be produced by a number of word processors.

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

representing documents that closely resembles the original formatting of the document.

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• 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 regional

transmission organization (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 (OATTs) 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

electronically only when they are revised.

14. Although the comments generally supported the adoption of the NAESB

standards, some commenters suggested the adoption of alternative approaches. As the

Commission has previously stated: “Standardization, by definition, requires

accommodation of varying interests and needs, and rarely can there be a perfect standard

satisfactory to all.”

15 We find that the NAESB standards best accommodate the needs of

regulated utilities in making filings electronically and the needs of the Commission and

the public for an electronic system that will enable efficient, user-friendly retrieval of

tariffs. We will discuss below the technical requirements applicable to electronic tariff

filing and the comments received on various aspects of the standards.

15 Standards For Business Practices Of Interstate Natural Gas Pipelines, Order

No. 587, 61 FR 39,053, 39,057 (July 26, 1996), FERC Stats. & Regs. ¶ 31,038, at 30,059

(1996).

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A. Electronic Filing Requirements

1. Companies Required to File Tariffs Electronically

15. The companies or entities covered by this Final Rule 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, and other relevant statutes. Included among the companies or

entities covered by the requirements are: 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.

2. Procedures for Making Tariff Filings

16. Using the new XML schema, companies, and all those authorized to make filings

on behalf of the company, such as outside counsel, 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 e-mail

notifications of potential problems with the filing.

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17. 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).

18. The eTariff 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.

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

both the e-mail address of the Filer and to the e-mail 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.

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

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

e-mails 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

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associated with the company whose tariff is being revised.

16 This e-mail 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 email will provide information about the problems encountered during the

verification process.

• If the XML filing package 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.

21. Once passed validation, the standard eFiling e-mail 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 e-mail 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.

22. INGAA requests that the Commission establish a procedure for submission of

tariff filings in the event of an electronic failure of the Commission’s eFiling and eTariff

system. Such a request is beyond the scope of this rulemaking. In Order No. 703, the

Commission delegated to the Secretary of the Commission the authority to develop

procedures for electronic filing, including procedures to be followed in case of an

16 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.

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electronic failure of the eFiling system.

17 Since the tariff filing component will be a part

of the eFiling system, the same procedures followed by the Secretary for electronic

failure will apply to eTariff as well.

3. XML Schema and Tariff Database

23. 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 the XML package are required to properly identify the nature

of the tariff filing, organize the tariff database, and 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 provision 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.

18 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

17 Filing Via the Internet, Order No. 703, 72 FR 65659, FERC Stats. & Regs.

¶ 31,259, at P 33 (2007).

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

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be useful to those developing filing software.

19 Contemporaneously with the issuance of

this Final Rule, we are posting on the website the XML schema along with the

descriptions of the fields used in the schema, the instruction manual and codes to be used

with the XML schema.

24. 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, has

delegated authority to make modifications to them if necessary.

20 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.

25. A few commenters object to the use of the XML schema for electronic filing and

argue that the Commission should simply rely on filings in eLibrary.

21 They argue that

documents are maintained in standard word processing formats and that filing such tariffs

through eLibrary would be easier on the filer. They assert that any tracking of such

filings could be accomplished by assigning a docket number. Nevada Power, for

example, argues that managing tariffs is a document management, rather than a database

function. It maintains that the ability to access prior tariffs can be solved by retaining all

previous effective versions of the tariff.

19 Currently located at www.ferc.gov under the tab Documents and Filings,

eTariff.

20 18 CFR 375.302(z).

21 Duke Energy, EEI, Nevada Power, Southern California Edison, and PSEG.

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26. As explained above, eLibrary is principally a system that manages and tracks filed

documents based on individual proceedings (dockets). It was neither designed, nor will it

function well, to retrieve individual sections or pages of tariffs that are filed in different

dockets over the course of many years. The tariff database, on the other hand, will enable

the Commission staff, as well as the public, to access all or portions of a company’s

tariffs and rate schedules compiled using date, text, and status criteria.

27. The use of a database to track individual pages or sections of tariffs is not

inappropriate to the task of managing tariffs, as the comments suggest. The Commission

has for over twenty years maintained the FASTR database for gas tariff filings and has

made the results of that database available to the public. The XML schema on which the

industry agreed, will update the FASTR methodology to provide an even more effective

database for managing tariffs and conducting tariff searches.

28. Some commenters suggest assigning a docket or other unique number to each

tariff or rate schedule, and Nevada Power suggests that instead of an electronic database,

each utility could file an updated history of changes to its tariff so that customers can

determine where to find specific sheets in which they are interested. Nevada Power

attached, as an example of its proposal, a history for its OATT that is only six pages long

covering a relatively small number of tariff filings.

29. These solutions would require users to search through reams of filing materials to

obtain the particular section or page of the tariff that they need. Such solutions are not a

reasonable substitute for a database, given the large number of gas, oil, and electric

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companies, some of whom may make hundreds of tariff filings a year, with a list of

changes that would eventually grow to hundreds of pages using the Nevada Power

approach. PJM Interconnection, LLC for example made over 130 tariff related filings in

a one year period. Trying to keeping track of, and find, particular tariff provisions in this

massive amount of data using only a docket or other numeric identifier and a spreadsheet

would be a monumental task.

22 But the tariff database, using the metadata supplied with

each filing, will be able to store and retrieve this information.

30. Those arguing for an eLibrary approach envision that tariff documents would not

be filed in individual sections, but as entire documents. But not all industry members

supported this entire document approach. The gas pipelines, for example, supported the

continued use of sheet based filings in which utilities file only the specific tariff sheet that

is being revised.

23 Other tariffs are so large that filing them as a single document would

be unwieldy.

24 The flexibility to file tariffs using different approaches was key to

22 Nevada Power’s listing is similar to the Commission’s current numbering sheets

used in its paper tariff database. These numbering sheets run to 70 linear feet for all

utilities. Using such a system to research extensively revised tariffs is difficult, time

consuming, and prone to error.

23 Minutes of February 1, 2007 eTariff Meeting, (“Ms. Nagle [Tennessee Gas

Pipeline] asked whether FERC Staff supported using a section-based tariff system (in lieu

of a sheet based system) and if so does everyone need to move to the section-based

system”), http://www.naesb.org/pdf2/etariff020107fm.doc.

24 For example, PJM’s posted tariff is over 8 megabytes.

http://www.pjm.com/documents/agreements.html, and the California ISO’s tariff is over

4 megabytes. ISO New England (http://www.iso-ne.com/regulatory/tariff/index.html)

(continued)

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developing the NAESB standards, and the industry consensus supporting those

standards.

25 The approach suggested by the commenters would not provide the flexibility

the industry sought. The use of a database utilizing the NAESB standards provides that

flexibility and is the most efficient method of processing such filings in a way that will

permit the easy and efficient integration of such individual filings into an entire tariff.

31. As we have discussed above, the development of standards requires cooperation

and accommodation between companies with different needs and requirements. The

NAESB process provided a means by which various members of the affected industries

and customers, including those from the oil pipeline industry, could develop a set of

standards that reasonably meet the needs of a large range of different types of tariff filers,

large and small companies, frequent and infrequent tariff filers, companies using different

methods of storing tariffs, including databases, word processing software, and

spreadsheets. After examining a variety of alternative approaches over 24 days of

and the New York ISO (http://www.nyiso.com/public/documents/tariffs/oatt.jsp) post

tariffs that already are divided into sections.

25 Minutes of July 27, 2008 eTariff Meeting, at P 5 (“flexibility is present to

support whole document filings, sheet based filings and section based filings. This

flexibility is provided for individual companies and for the industries themselves, as a

given company may choose to use any of the three choices depending on the filing to be

made. This flexibility is a key underlining assumption from which all the work papers

were developed and as such, was reflected in the vote just taken”),

http://www.naesb.org/pdf3/etariff072707fm.doc.

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meetings, a consensus of the gas and electric industry

26 agreed upon the use of the data

elements and XML schema as the most efficient means for electronically filing tariffs.

27

We therefore will adopt the database approach and standards as approved through the

NAESB process.

32. CAISO asks that the RTOs not be required to provide all the metadata required by

the standards or, if it is not possible to eliminate the metadata, that such metadata be kept

to a minimum. The technical meetings with NAESB were designed to develop the

minimum required metadata that would be necessary to feed and operate the database.

The CAISO has not indicated specific metadata elements that can safely be eliminated

and still maintain the integrity of the database.

26 Although the oil pipelines and their customers did not have an official vote

during the NAESB process, they participated in formulating the requirements and have

supported the data elements and XML schema in their comments in this rulemaking.

27 APS, an active participant in the beta testing of the Commission’s original

software, as well as a participant in the NAESB process, recognizes that the standards

provide “a useable platform for industry compliance with the new standardized

requirements for electronic filing of tariff, as well as a convenient tool for market

participants and FERC staff to access and review tariffs and agreements ... [and this

methodology] to be the superior choice to implement this Commission requirement.”

APS Comment, at 2. AOPL similarly recognizes that compromises were necessary to

meet the needs of all the industries, stating the standards “reflect significant

improvements to the proposed electronic filing regulations, in light of the particular

circumstances and needs of the oil pipeline industry.” AOPL Comment, at 1.

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B. Tariff Filing Requirements

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

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

28 A

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

changes.

34. Based on the NAESB meetings and the comments submitted, we will 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 sheets or sections and filing only the revised sheet or section, or for a wide range of

tariff documents, by filing the entire tariff document that is revised. In order to ensure

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

versioning information is required to be included as part of the XML package. But, this

information has been simplified and will no longer need to be included as text on

individual sheets or sections, with the exception of certain documents filed as PDFs.

1. Sheet or Section Filing Requirements

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

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

whether to continue to number tariff provisions as individual tariff sheets (e.g., Sheet

28 18 CFR 35.9; 154.102(e).

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No. 1) or sections (e.g., Section 1.1.1). Except as discussed in the following section with

respect to open access tariffs, companies will be allowed 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, 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 unless a company files a request for waiver.

36. The NAESB standards provide that tariff text must be filed either using the RTF

file format or the PDF file format.

29 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.

30

29 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. Order No. 703, FERC

Stats. & Regs. ¶ 31,259 at P 23. 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.

30 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.

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37. The comments support the flexibility to use sheet, section, and entire document

options using PDF format.

31 AOPL for example “strenuously supports this aspect of the

rule which provides benefits to both shippers and pipelines.”

32

38. TransCanada asks that the Commission clarify whether and under what conditions

companies that initially file using the sheet-based option may be allowed to later re-file

using the section-based option, and vice-versa. For both the shipper and Commission

staff benefit, we certainly would not encourage utilities to switch back and forth

frequently between a sheet and a section-based system, because such a change will make

the ability to research past provisions more difficult.

33 But because both the sheet and

section approaches provide equivalent granularity and flexibility for users, utilities can

make such a change without obtaining special permission. The only time special

permission is required is if a utility wants to covert from a sheet or section based

approach to entire document, because such a change does reduce usability.

39. AGA requests that tariffs be fully text searchable. As described above, all tariffs,

including those filed using PDF, must be filed in text searchable format.

31 Midwest ISO, INGAA, and AOPL.

32 AOPL Comment, at 4.

33 The database will store each sheet or section so that a user wishing to examine a

past sheet or section can do so. If the utility decides to change between sheets and

sections, the prior history of a particular provision may be more difficult to access. For

example, in a sheet to section change, the past sheet (record) will still appear in the

database, but it will not be linked to the section (record) that will replace it.

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2. Gas and Electric Open Access Transmission Tariffs

40. Tariffs for interstate natural gas pipelines and electric utilities must be filed by

breaking the document into sheets or sections. 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.

41. We are revising §§ 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, ISO/RTOs will be required to divide their OATTs at the 1.1 level at a

minimum. Filers are encouraged to use even smaller divisions that are appropriate to

their individual tariffs and filing patterns. In addition, to aid electric utilities in filing

their OATTs, we are posting on our website a pro forma OATT divided into the largest

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allowable sections, as well as information that will help companies develop Microsoft

®

Word macros to electronically divide tariffs at this level.

42. Because we have not specified a pro forma interstate natural gas transportation

tariff, the regulation we adopt requires that the interstate natural gas pipeline open access

tariffs filed as sections be divided so that each section includes only related subject matter

and is of reasonable length.

34 Negotiated rate agreements and other non-conforming

service agreements need not be divided, but can be filed as entire documents.

43. EEI requests that non-RTOs be allowed to file their OATTs as single documents,

maintaining that these are relatively static documents and that allowing the filing of an

entire document will reduce the time and expense necessary to break such tariffs into

sections and may simplify the filing software that such companies need to build or

acquire.

44. We will not relax the requirement to at least divide the pro forma OATTs at the

1.0 level. As described above, OATTs can be large and unwieldy documents and run to

over 160 pages; dividing the document at the 1.0 level will ensure that Commission staff

and the public can review and search for tariff provisions relating to the same subject

matter. Dividing the OATT at the 1.0 level will result in only 57 sections, each

addressing a different topic, and such division will only have to be done once. Moreover,

EEI maintains that most OATTs are maintained as Microsoft Word documents.

34 18 CFR 154.102.

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Commission staff has developed and will post a macro that in many cases will divide the

OATT at the appropriate level. Commission staff also has posted a pro format OATT

divided into the requisite sections that can be used as a reference. Creating the

sectionalized pro forma OATT manually only took one hour. In balancing the burden of

a one-time conversion of an OATT into individual sections against the benefits of being

able to easily locate and search for specific OATT sections, we find that the benefits of

requiring that OATTs be broken into sections outweigh the costs.

45. AGA argues that the Commission should set a minimum requirement for gas

pipelines similar to that set for electric utilities and suggests that the minimum should at

least match the table of contents and include as a separate section each topic listed under

General Terms and Conditions of Service. We find that this suggestion does provide

useful guidance as to the minimum sections required and therefore revise the regulation

in §154.102 accordingly.

3. Versioning

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

tariff provisions in orders. With the adoption of the NAESB standards, the versioning

requirement will be modified and made less complicated.

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47. The NAESB standards require that each sheet, section, or entire tariff document be

identified with a version number in an x.y.z format.

35 The x.y.z format will

accommodate the same level of identification as our existing nomenclature, including

items such as squeezed and retroactive sheets. As long as each tariff section, sheet, or

entire document is identified uniquely, companies can choose how complex to make their

identification. 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

format will accommodate such identification. Other companies may not choose to

include such a detailed hierarchy of changes. 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.

48. As proposed in the NOPR, and adopted in this Final Rule, identification of

versioning need not be included in the text of the individual tariff revisions that are filed

with the exception of tariffs filed in PDF format. Companies however may choose to

include such identification in the tariff text if they desire. The XML schema requires that

the requisite versioning information be included as metadata, and versioning information

35 The x.y.z format is a representation of the version (designation) of a tariff filing

where “x” represents revision number for the given tariff provision (tariff record), “y”

delineates that it is a substitute for a previously filed tariff provision, and “z” indicates

that it is a “squeeze” tariff provision. A "squeeze" tariff provision occurs when a tariff

provision needs to be made effective on a date which occurs between the effective dates

of two tariff provisions that already are filed with the Commission.

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will be made available to staff and the public in the tariff database. Moreover, to ensure

that the versioning information is available to the public on eLibrary, the Commission

will use the metadata provided in the XML package to generate a document on eLibrary

that contains the appropriate versioning information. Because we are creating this

document by electronically combining information from the XML package, the

formatting of the versions and tariff text may not appear identical to the filing made by

the company.

49. 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 Instruction Guide requires that the first page of the tariff

document include the required information: company name, tariff title (if applicable),

and the appropriate version number.

50. INGAA suggests that for gas tariffs, the regulations should continue to require that

the first section or sheet of the tariff include: The FERC Gas Tariff Volume Number, the

name of the natural gas company, as well as the name, title, address, telephone number,

e-mail address and facsimile number of a person to whom communications concerning

the tariff should be sent. We will modify the regulation to continue this requirement.

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51. EEI recommends that the Commission eliminate various formatting requirements

required under Order No. 614.

36 As we have discussed above, we are eliminating a

variety of the required formatting requirements because they are included in the XML

metadata and the other formatting requirements are included in the standards. As a result,

the formatting and filing requirements of Order No. 614 have been supplanted by the

regulations and requirements addressed in this rulemaking.

37

4. Marked Tariff Changes

52. 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.

53. We are continuing the requirement for filing marked versions of tariffs. We also

are modifying the symbols used by the oil pipelines using the symbols proposed by

36 Designation of Electric Rate Schedule Sheets, Order No. 614, 65 FR 18,221

(Apr. 7, 2000), FERC Stats. & Regs. ¶ 31,096 (2000).

37 The provisions of §35.5 regarding rejection of material (adopted in Order No.

614) are being retained. In filing pre-existing contracts and rate schedules, electric

utilities are still required to eliminate the use of supplements and include in their filings

only effective provisions. See 18 CFR 35.1 (revised to remove the use of supplements);

Boston Edison Company, 98 FERC ¶ 61,292 (2002) (utilities must file effective tariff

provisions); Vermont Yankee Nuclear Power Corporation, 98 FERC ¶ 61,122, at 61,366

(2002) (utility required to remove tariff language that was no longer effective from its

rate schedule).

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AOPL so that the symbols can be entered into a find or search message box using

keystrokes available on a keyboard. In contrast to past practice in which tariff changes

were filed only as individual sheets or supplements, the standards permit tariff documents

to be filed as large sections or as entire documents. Although we are confident that filing

companies will not intentionally make 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 revising our regulations to make clear that only

the sections of the tariff document appropriately identified in the filing will be considered

part of the filing and any acceptance of a filing by the Commission will not constitute

acceptance of an unmarked tariff change.

54. INGAA supports the regulation, but requests that the Commission modify it to

state that “interested parties may comment only on those revisions appropriately

designated and marked to constitute the filing; provided, however, comments on

unmarked and undesignated language will be permitted when such comments provide

useful information to the Commission for the resolution of issues directly related to the

filing.” We will not adopt the proposed language as part of the regulation because, as

INGAA itself recognizes, determinations as to the appropriateness of such comments

need to be made on a case by case basis. The Commission must in individual cases

determine if the protest or comment on the unchanged tariff text bears upon the justness

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and reasonableness of the proposed tariff change or is a request for the Commission to

take action under section 5 of the Natural Gas Act to revise the unchanged provision.

55. AOPL argues that the Commission should remove the proposed language in

§ 341.3 of the regulations arguing that a filed tariff change should be deemed effective

even if a symbol is misplaced or incorrect. AOPL states that under long-standing ICA

precedent the omission of a symbol in a tariff denoting a change in rate does not affect

the validity or applicability of the tariff item.

56. We never meant for this provision of the regulations to constitute a trap that would

penalize an oil pipeline if it simply used the wrong symbol or failed to include a symbol

in the tariff as long as its overall filing was sufficient to provide notice of the proposed

change. We therefore have revised the regulation from that proposed in the NOPR to

make clear the regulation does not apply to an improper or omitted symbol so long as the

change is identified in the tariff filing.

38 The purpose of this regulation is to ensure that

shippers and the Commission receive the required notice of proposed changes by the

pipeline and that shippers are not penalized by the failure of the pipeline to provide the

requisite notice. As part of the NAESB process, agreement was reached on allowing oil

pipelines to file entire tariffs as PDF files. Because of the nature of PDF files, however,

38 The NOPR used the phrase “revisions that are marked appropriately,” which in

the context of the oil pipeline regulations might be read to connote marked with the

correct symbol. We are revising the regulation to read “revisions to tariffs identified in

the filing” which will cover revisions that are explained in the transmittal letter even if

the symbol is incorrect or omitted in the tariff.

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it will be difficult for the Commission staff or the pipeline’s customers to create a

document comparison of a PDF document. Thus, the oil pipeline would be in the best

position to create a document comparison, and we find the burden of ensuring proper

notice legitimately should fall on the oil pipeline making the filing. The oil pipeline

could for example satisfy this requirement by indicating its changes in the transmittal

letter or attaching to the transmittal letter a redline-strikeout version of the tariff being

revised.

57. Section 6(3) of the Interstate Commerce Act (ICA) recognizes that it is the

responsibility of an oil pipeline in making a filing to change its tariff to “plainly state the

changes proposed to be made in the schedule then in force.” ICC v. American Trucking

Association,

39 cited by AOPL, does not establish the invalidity of the Commission’s

regulation. In American Trucking, the Interstate Commerce Commission (ICC) sought to

reject tariff rates based on violations of rate bureau agreements. While the Court found

that the ICC was without statutory authority retroactively to reject a tariff in violation of

the rate bureau agreement after the tariff has taken effect, the Court found that the ICC

did have authority to condition tariff approval in a manner reasonably tied to statutory

objectives. In this regulation, we are not retroactively rejecting a tariff we have

previously accepted; rather we are imposing a regulatory condition governing the filing

prior to acceptance that will ensure that customers are protected in the event that the oil

39 467 U.S. 354 (1984) (American Trucking).

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pipeline fails to provide sufficient notice of a tariff change. Moreover, the regulation

does not determine the regulatory outcome of any challenge to the unidentified rate. We

recognize the regulatory differences between the ICA and the FPA and NGA,

40 and that

interpretations of the ICA have provided that, in some circumstances, the failure to

identify a rate change could be deemed a technical defect that would not necessarily void

an unidentified rate, but could subject the pipeline to damages or other remedies as

provided in the ICA.

41

5. Clean Tariff Sheets Filed as Attachments

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

separate data element, and 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

40 The ICA for example provides a two-year period for reparations, which is not

part of the NGA or FPA. 49 App. U.S.C. §16(3)(b) (1988).

41 See Genstar v. ICC, 665 F.2d 1304, 1308 (D.C. Cir. 1981) (for rates with

procedural irregularities, the remedy is correction of the “harm if any caused by

unlawfulness or irregularity”). For example, a shipper that does not have effective notice,

may not be able to protest the filed rate and may only be aware of, and challenge, a rate

after it has received a bill. After such a challenge is filed, the Commission could review

the rate to determine if it is just and reasonable. If the Commission were to determine

that the filed rate is not just and reasonable, but that a different rate is justified, the

damages could be computed based on the difference between what the pipeline charged

and the just and reasonable rate ultimately determined by the Commission.

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prefers.

42 The clean version of the tariff text may be filed using any electronic file format

currently approved by the Secretary of the Commission for eFiling.

59. AOPL requests clarification as to which of the tariff documents included in the

XML package, including the marked version made by the utility, constitutes the official

version of the tariff filing. As stated above, no substantive differences should exist

between the tariff provisions filed as part of the XML data and the tariff provisions filed

as attachments. To the extent that such differences exist, and they are significant, they

will need to be addressed on a case-by-case basis by the Commission.

6. Joint, Shared, and Section 206 Filings

60. All utilities, but principally the electric industry, may make joint and shared tariff

filings. Joint filings refer to tariffs applicable to more than one company. Shared tariffs

refer to a tariff that can be revised 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 under their operating agreements to make tariff filings under

42 The text of the tariff provisions (including the entire tariff document if that

option is chosen) to be included in the database must, of course, match exactly the text of

the clean copy of the tariff provisions filed as an attachment. The standards also will

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

search purposes.

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section 206 of the FPA. The following approaches should ensure that parties with filing

rights can make appropriate filings without undue burden.

a. Joint Tariff Filings

61. 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) “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.”

43 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 documents,

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.”

44 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.

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

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

multiple entities as part of a single filing. We, however, recognize the inefficiency and

43 18 CFR 35.1(a).

44 Order No. 614, FERC Stats. & Regs. ¶ 31,096 at 31,503.

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confusion for the filer, the staff, and the public in having multiple identical filings made

on behalf of different companies. To deal with this issue, the following approach will

minimize the burden on the filer and also provide ready access to the tariff.

63. We will 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 the identity of

the utility designated as the 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.

64. EEI maintains that parties with joint tariffs should have flexibility to make

modifications to these tariffs, but it does not object to the procedure outlined above. We,

therefore, will adopt this approach to joint tariffs.

b. Shared Tariffs

65. 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.

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66. In order to file revisions to shared tariffs today, parties with shared 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 tariff.

45

67. The use of electronic filing will provide parties with shared tariffs with greater

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

filing rights, and business processes. First, parties in organized markets can develop or

obtain 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. Second, ISOs and

RTOs can agree to make all filings on behalf of the members in order to maintain

administrative control over the tariff. Third, each of the respective parties with filing

rights can continue to make individual filings as they do today by sharing certain relevant

tariff and metadata among the parties with shared rights.

68. With respect to the third option, individual filings by each company, we have

developed a method for making such filings. 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

45 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.

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order to make such a filing, the ISO and RTO would have to share with Company A its

company identification number (but not its password) and tariff identifier used in the

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

the filing.

69. 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 e-mail notification to the ISO or RTO when the XML filing

passes verification checks. 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.

70. New England PTOs support the Commission’s approach to shared document

filings, but request that the Commission provide additional time for possible needed

revisions to the OATT of ISO New England. As discussed later, the Commission will be

providing sufficient time to develop software and implement the electronic filing

requirements. Such time should be sufficient to make whatever tariff or other changes

may be needed to accommodate shared document filings. If ISO New England can show

that additional time is required, it may file for an extension of time.

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71. While generally supporting the Commission’s approach, ISO New England

suggests that the Commission should provide additional security for shared tariff filers by

developing and administering a database that would permit a tariff owner to control the

parties authorized to file tariff changes to its tariff.

46 We have closely examined the

potential security risks to the eTariff system and find that at this point the benefits of ISO

New England’s proposal for increased security do not justify the enhanced costs for the

Commission to build and support an administrative website and database necessary to

implement ISO New England’s proposal.

72. The eTariff system will be more secure than the current paper filing system and

the current eFiling system, and we have not experienced unauthorized filings to date

through either our paper or eFiling system. In the current eFiling system, a filer need

only be eRegistered.

47 The eTariff system, however, will provide additional security

because in addition to eRegistration, the filer must possess both a company registration

number and a password. These forms of identification will be limited to regulated

utilities. The RTO’s or ISO’s password will be unique to each company and need not be

shared with another utility having shared filing rights, thereby providing enhanced

46 For example, the website would permit ISO New England to select those

transmission owners with the authority to make filings to amend the ISO New England’s

OATT.

47 Paper filings are delivered by courier or mail with no way for the Commission

to verify that the filing is authorized by the purported filer.

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security. Further, any filing made using the RTO’s or ISO’s company registration

number will generate an e-mail to the RTO or ISO, so that it can monitor actively any

potential unauthorized filings. 

73. After comparing the potential benefits of ISO New England’s approach against the

costs of implementation, we have decided not to try to implement the authorized filer

proposal. If we find after implementation that additional security is necessary, we will

reconsider this option at that time.

48

c. Section 206 Filings Related to ISOs/RTOs

74. 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.

49 In addition, transmission owners that are

48 First Energy raises a question about filings by outside counsel, and similarly

suggests a system of having administrators provide passwords with respect to filings by

outside counsel. As discussed above, outside counsel will be able to submit filings as

long as they adhere to the standards, and the company provides them with the appropriate

filing identifiers, passwords, and other information. Just as companies have to protect

their internal use of passwords, they will need to protect against the use of passwords by

outside counsel or others making filings on their behalf. Companies of course can design

their own software to provide administrative password rights, but for the reasons

discussed above, we do not find it necessary for the Commission to provide such

administrative control.

49 See, e.g., PJM Interconnection, LLC, 115 FERC ¶ 61,079 (2006).

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

or RTO tariff is unjust and unreasonable.

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

the complaint must 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.

76. However, 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 using the NAESB standards. 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.

50

50 No comments were filed on this approach.

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C. Other Business Practice Changes

1. Electronic Service

77. In the NOPR, the Commission proposed to permit electronic service for initial

filings.

51 We are revising our regulations to permit electronic service according to the

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

regulations.

52 Customers and state agencies wishing to receive service will be required to

provide the company with an applicable e-mail 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.

53

78. EEI asks for further clarification of how electronic service should be made,

including questions about the provision of e-mail addresses, suggestions related to the use

of generic service e-mail addresses and the ability to serve after a filing has been posted.

In this rulemaking, we have expanded the scope of electronic service to include initial

filings. We have expressly provided in the regulations that customers must provide an email address for initial service to the utility unless they obtain a waiver of electronic

service under Part 390 of our regulations. Other than establishing a procedure for

obtaining customer e-mail address, all other aspects of electronic service for initial filings

51 Notice of Additional Proposals and Procedures, FERC Stats. & Regs. ¶ 35,551

at P 7.

52 18 CFR 385.2010.

53 18 CFR 390.3.

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will be the same as those for service in a proceeding with a service list, including the email addresses to be used for service, and the use of a link to the filing in eLibrary as the

means of providing service.

54

2. Attachment Documents

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

testimony, and 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. AOPL suggests deleting the

requirement to file a proposed form of protective agreement in the existing (and

proposed) § 348.2. AOPL does not explain its suggestion, and we do not find that the

adoption of electronic filing requirements for tariffs necessitates removal of the

requirement to file proposed forms of protective agreements. Under the NAESB

standards, proposed forms of protective agreements must be filed as attachment

documents.

3. Withdrawal of Pending Tariff Filings and Amendments to Tariff

Filings

80. 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

54 See 18 CFR 385.2010(f)(3).

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is effective,

55

while the regulations for electric and gas companies do not address

withdrawal of tariff filings prior to suspension.

56 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

revising our regulations to permit 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 eTariff portal using

the XML filing requirement so that the appropriate data elements can be revised.

81. 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, we are revising § 35.17 and §

154.205 to make clear that the filing of an amendment or modification to a tariff

55 18 CFR 341.13.

56 18 CFR 35.17; 154.205.

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provision will toll the period for action on the prior filing and establish a new period for

action.

82. In the 2004 NOPR, we recognized 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. INGAA filed a comment asking to

include the following in the regulatory text: “For tariff filings containing minor changes

in the tariff proposal, the Commission will seek to process minor changes filed in NGA

cases, within the 30-day statutory notice period for the original filing.” While we intend

to try to abide by our past practice, we find this language inappropriate for inclusion in

our regulations, because it only reflects a goal or aim, and is not sufficiently precise to be

included as a regulation.

4. Motions

83. 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 filing

package.

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5. Rate Sheets for Tariff Filings by Intrastate and Hinshaw

Pipelines

84. 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

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.

85. In implementing the proposal for electronic 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 revising § 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.

D. Regulatory Text

86. Many commenters submitted detailed proposals to revise regulatory text in a

number of areas. We very much appreciate the interest that has been paid to trying to

ensure that the regulatory text is as accurate as possible. We have carefully reviewed

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Docket No. RM01-5-000 46

those suggestions, included the ones we find appropriate, and discussed above the

substantive revisions we determined not to make. The suggestions we did not adopt were

stylistic, linguistic, or syntactical revisions that, in some cases, did not conform to the

requirements of the Federal Register, or that we did not find superior to the regulatory

text we are adopting. We will not discuss each of these proposed revisions individually.

E. Transition Procedures

1. Testing of Software

87. 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.

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

continue the dialog among FERC staff and the industries involved 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 will therefore hold

technical conferences as needed during this process.

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89. UNICON argues that the Commission’s testing site should be permanent in the

event the standards are revised. It also argues that the testing site should fully simulate

FERC’s live eTariff environment. It maintains that regulated companies could use this

testing site to verify that the XML packages being submitted are valid and can be parsed

by FERC’s software and validate that the filing contents within the XML packages will

be processed appropriately.

90. We are committed to providing as robust an electronic testing site as we are able,

within resource and budgetary constraints. When, and if, the standards are revised we

recognize that we may need to provide some additional testing, and depending on

budgetary constraints we will try to maintain the electronic testing platform even after the

implementation date as companies may need to experiment with different types of filings.

Because much of the processing of tariff filings received by the Commission will not be

automatic, but dependant on the human interaction with software on our end, we cannot

commit to providing companies with a complete review of all test filings, including how

these will be displayed on our web viewer. Our staff is, and has been, committed to

making this program a success. As discussed above, staff will conduct, perhaps with

NAESB, conferences on implementation issues and staff will continue to provide as

much information on particular eTariff filing issues as their time permits.

91. EEI requests that the Commission post on its website all the required information

necessary to implement the eTariff approach and place all information, including code

values, into a single document. As discussed earlier, we will provide on our web site all

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the information needed to implement eTariff in as user friendly a means as possible.

Because the industries during the NAESB process requested it, we have posted code

values separately so that companies can download that information more efficiently.

These technical issues can be discussed at the technical conferences, and we will continue

to try to post information in the manner that will be most useful to industry.

2. Baseline Tariff Filings

92. Each regulated entity will be required to make a filing to establish its baseline

tariffs. In the NOPR, we proposed to reduce the burden in making the baseline filing and

limit such filings to tariffs of general applicability. As applied to filings by electric

utilities, the baseline filing will include open access transmission tariffs (OATTs), power

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

negotiated rate schedules and agreements will not have to be included as part of the

baseline filing. Interstate natural gas pipelines will have to file their existing Volume No.

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

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

Hinshaw pipelines will have to file their statement of operating conditions including their

interstate service rates. Oil pipelines will need to file their tariff publications. Other preexisting effective 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.

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

using the NAESB standards. Existing tariffs and rate schedules not included as part of

the baseline filing are required to be filed electronically only when they are revised or

amended.

94. We recognize that some of the pre-existing tariffs and rates schedules, such as

older rate schedules and contracts, 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 or another image format and file them in that fashion as

an entire document.

57 Although not required, companies are encouraged to run an optical

character recognition program (OCR) to convert these scanned documents into a textual

format so that the text of the tariff can be searched and copied.

58

95. The baseline tariff filing is not a substantive tariff revision. The baseline filing,

therefore, should reflect the existing accepted tariff provisions, 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

57 As is the current practice, utilities filing scanned documents can comply with

the requirement to show only the effective tariff provisions by making handwritten edits

or cutting and pasting provisions.

58 We recognize that OCR may not work well on some older documents. But even

if the OCR version is not sufficiently legible to be filed as the tariff text, a filer could

include the OCR version in the plain text field of the XML schema, so that it can be used

for search purposes.

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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 are providing a onetime delegation of authority to the Director of OEMR to rule on protests.

96. 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 as

a compliance filing through the eTariff portal for inclusion in the database.

97. As discussed above, in filing joint tariffs, utilities have the option of designating

one utility as the designated filer, as opposed to each utility filing the identical tariff. For

companies adopting the designated filer option, the designated filer will file the baseline

tariff; the non-designated utility will need to include in its baseline filing a tariff section

that provides the appropriate name of the tariff and identifies the utility that is the

designated filer for the joint tariff.

98. EEI requests clarification whether a baseline filing or tariff filings by electric

utilities would be limited to OATTs. First Energy requests that prior versions of the

baseline tariffs will not need to be filed. As stated above, electric utilities need to include

as part of their baseline tariff filings the following three types of documents: OATTs,

power sales tariffs available to any customer, and market-based rate tariffs. Only the

currently accepted versions of the baseline tariffs need to be filed; historic copies should

not be filed.

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99. EEI, Duke, and the CAISO request that companies be allowed to include pending

compliance filings (which have not yet been accepted) in their baseline filings. They

maintain that the tariff text in compliance filings reflects Commission directives that the

utilities are implementing and that if compliance filings are not included in the baseline

filings, the baseline tariff as displayed by the Commission could be inaccurate.

100. Because eTariff is a database system with no existing records, the baseline tariff

needs to reflect the tariff as accepted by the Commission. Any subsequent tariff changes,

including previously filed compliance filings, need to be filed separately so that the

system can appropriately record the status of such filings. To reduce the burden on

parties making baseline filings, we are limiting the baseline filing obligation only to the

accepted tariff provisions. Pending tariff provisions in compliance filings will be added

seriatim to the database as the Commission acts on a company’s compliance filings. This

will reduce the number of baseline filings companies are required to make.

101. However, we will permit companies wishing to place pending compliance filings

into the database during the baseline filing process to do so. But we emphasize that

baseline filings of compliance provisions are not required; this is only an option available

to those companies wishing to avail themselves of it. The details of including

compliance provisions as part of the baseline filing process can be discussed with staff

during the technical conferences.

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3. Implementation Date for eTariff

102. While we think the entire industry, both filers and customers alike, will benefit

from quick implementation of eTariff, 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. In the NOPR, we generally proposed that compliance would

begin within six months to one year after the Final Rule is issued.

103. Many of the commenters thought that six months was too short and requested

implementation periods of one year or longer.

59 INGAA and AOPL urge the

Commission not to set a firm implementation date, but rather focus on successful

implementation.

104. In order to provide companies with sufficient time to develop and test software,

we will provide 18 months for implementation, until April 1, 2010, with a staggered

implementation schedule for companies over the next six months. Staff and industry

should work out the schedule for staggered implementation during the technical

conferences.

III. Information Collection Statement

105. The Office of Management and Budget (OMB) regulations require that OMB

approve certain reporting, recordkeeping, and public disclosure (information collections)

59 EEI, Duke, Nevada Power (proposes two years); ISO New England and

TransCanada (proposes at least one year); UNICON (proposes 18 months); FirstEnergy

(proposes 18-24 months).

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imposed by an agency. Pursuant to OMB regulations, the Commission is providing

notice of its information collections to OMB for review under section 3507(d) of the

Paperwork Reduction Act of 1995.

106. The Commission identifies the information provided under Part 35 as contained in

FERC-516 “Electric Rate Schedules and Tariff Filings; Part 154 as contained in FERC545Gas Pipeline Rates: Rate Change (Non-Formal); Part 284 as contained in FERC-549

Gas Pipeline Rates: NGPA Title III Transactions and Parts 341 and 344 as contained in

FERC-550 “Oil Pipeline Rates: Tariff Filings.” The Commission solicited comments on

the need for this information, whether the information will have practical utility, ways to

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

suggested methods for minimizing respondents’ burden, including the use of information

technology. The Commission received specific comments regarding its burden estimates.

A. Comments on the NOPR’s Burden Estimates

107. INGAA, EEI, TransCanada, and Southern California Edison contend that the

burden estimates used by the Commission in the NOPR are understated. As part of the

NAESB process, a consensus of all the industries chose the flexibility provided by using

the NAESB standards, and the use of XML protocols for business communication, in

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place of using filing software furnished by the Commission.

60 The industries recognized

that adopting such standards would entail the building or purchasing of software

compatible with the XML protocols. By adopting these standards, companies opted for

the enhanced flexibility to obtain software, or modify existing tariff maintenance

software, in order to better integrate tariff filings with their individual tariff maintenance

and business needs. The use of the NAESB standards, as opposed to the Commission

distributed software, also provides an open framework for third-party software

developers to develop filing and tariff maintenance applications or processes, which, by

managing tariffs for multiple parties, will enable development costs to be spread over a

large number of users. The industry consensus was that the flexibility offered by the

standards outweighed the added costs of developing or purchasing software to implement

the standards.

108. But this flexibility, and the likelihood that third-party providers will reduce the

costs of constructing systems, makes computing burden estimates difficult, particularly

given the difficulty in separating the costs of compliance from the other business

functions provided by various software systems. INGAA contends that the costs for a

60 The President’s Management Agenda (PMA) encourages the development of

protocols that enable digital communication using XML protocols as the language of

ebusiness. E-Government Strategy, at 8 (Executive Office of the President, April 2003)

(minimization of burden on business by ... using XML or other open standards to receive

transmissions), http://www.whitehouse.gov/omb/egov/2003egov_strat.pdf.

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tariff filing system should be in the range of $20,000 per tariff, but TransCanada argues

the costs for its system suggest a $10,000 cost estimate.

109. We developed the burden estimates in the NOPR based only on the necessary

costs of developing a bare-bones filing system that would enable a company to make a

filing in compliance with the standards.

61 But we fully recognize that, while not strictly

required by this Final Rule, companies making larger numbers of tariff filings will want

to obtain a more robust software package that will provide various forms of tariff

management and storage in addition to simply facilitating a tariff filing. Accordingly, we

have determined to revise our burden estimates to include the greater cost of obtaining

more robust software.

110. EEI maintains that companies will have multiple tariffs that need to be filed as

baseline tariffs. But in this Final Rule, at EEI’s request, we limited the baseline filing for

electric companies to OATTs, power sales tariffs available to any customer, and marketbased rate tariffs.

111. EEI maintains we have underestimated the time for legal review of certain data

fields. We have included in these revised estimates additional time for legal review of

61 The elements for such a system include a database program; an internet browser;

an XML form generator, a Base64 converter; and a ZIP file converter, many of which can

be obtained for free or at low cost. See http://www.download.com/Base64-DeEncoder/3000-2248_4-10571789.html?tag=lst-1 (freeware Base 64 converter);

http://www.altova.com/products/databasespy/database_tool.html (XML form generator); 

https://shopm.winzip.com/cgi-bin/wzct1.cgi (ZIP file generator). We also included time

and cost for hiring a computer programmer.

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the baseline tariff filings. Since the baseline filings consist only of already accepted tariff

sheets, such legal review should not be significant. For ongoing tariff filings, this

rulemaking does not entail additional legal review, since attorneys generally already

review the substantive tariff and attachment data contained in such filings, and the

metadata fields are not substantive.

112. EEI suggests that the estimates leave out one-time costs for evaluating software,

and training on new systems. We recognize that we did overlook such costs, and we have

added additional hours for evaluation and training of relevant personnel.

B. Burden Estimates

113. The following burden estimates reflect the cost to an individual company of

obtaining software sufficient to meet the requirements of the regulation, as well as the

cost of making the required baseline filing. Investment in electronic filing will reduce

filing costs over time. Therefore, we include an estimate of the cost savings per year due

to the savings in mail, messenger delivery, and copying. The public reporting and

records retention burdens for the reporting requirements and the records retention

requirement are as follows.

62

62 These burden estimates apply only to this Final Rule and do not reflect upon all

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

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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 20 3040 4408

Marketers 984 5 4920 20 9840 14760

RTOs/ISOs 6 362 2172 28 168 2340

FERC -545

Small

Pipelines

106 7 742 20 2120 2862

Large

Pipelines

62 18 1116 20 1240 2356

NGPA 200 6 1200 20 4000 5200

FERC -550

Oil

200 9 1800 20 4000 5800

Totals 13318 24408 37726

Total Annual Hours for Collections: 37,726.

Baseline Tariff – Costs

Data Collection Number of

Respondents

Cost

Per

Tariff

Total

Filing

Cost

Software

Purchase &

Installation

Total Cost

Purchase &

Installation

FERC-516

Utilities 152 $211 $32,072 $10,000 $1,520,000

Marketers

63 984 $109 $107,256 $1,035 $1,018,440

RTOs/ISOs 6 $8,345 $50,070 $10,000 $60,000

FERC -545

Small Pipelines 106 $171 $18,126 $2,070 $219,420

63 The costs for marketers assume that affiliated marketers will share a single

installation.

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Data Collection Number of

Respondents

Cost

Per

Tariff

Total

Filing

Cost

Software

Purchase &

Installation

Total Cost

Purchase &

Installation

Large Pipelines 62 $423 $26,226 $10,000 $620,000

NGPA 200 $132 $26,400 $2,070 $414,000

FERC -550 Oil 200 $206 $41,200 $10,000 $2,000,000

Totals $301,350 $5,851,860

Combined Total $6,153,210

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

114. OMB’s regulations require it to approve certain information collection

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

this Final Rule to OMB.

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, 1902-0086 and 1902-0089

Respondents: Business or other for profit; Federal Government

Frequency of responses: On occasion.

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115. Necessity of the Information: The Federal Energy Regulatory Commission is

amending 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

with the Commission in lieu of paper. Electronically filed paper 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. Specifically,

electronic filing reduces physical storage space needs and document processing time,

provides for easier tracking of document filing activity; potentially reduces mailing and

courier fees; allows concurrent access to the tariff filing by multiple parties as well as the

ability to download and print tariff filings; and provides automatic e-mail notification to

an applicant of receipt of the filing and whether or not it has been accepted. The

Commission’s staff will be able to retrieve and analyze information contained in these

filings more readily than under the current system; mandated electronic filing of these

documents should facilitate the staff’s retrieval and review of a particular document.

These capabilities will be extremely beneficial as many tariff filings involve statutory

processing deadlines.

116. The Final Rule will assist the Commission’ efforts to comply with the Paperwork

Reduction Act

64

, the Government Paperwork Elimination Act (GPEA)

65 and E64 Pub. L. 104-13, 109 Stat. 163, (Oct. 1, 1995).

65 Title XVII, Pub. L. 105-277, 112 Stat. 2681 (Oct. 21, 1998).

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Government Act of 200266 by developing the capability to file electronically with the

Commission via the Internet with uniform formats using software that is readily available

and easy to use. Expanding Electronic Government is one of the five key elements of the

President’s Management Agenda (PMA). The PMA proposed 24 “E-Government”

initiatives including Government to Business (G2B). The goals of the G2B portfolio are

to reduce burdens on business, provide one-stop access to information and enable digital

communication using the language of e-business (XML). G2B also directs agencies to

take advantage of commercial electronic transaction protocols.

117. The standards being adopted here were developed in conjunction with NAESB, an

ANSI accredited standards developer, and employs XML protocols, as suggested in G2B.

The deployment of more effective technology will help to streamline the many reporting

requirements as well as facilitate a more efficient means for businesses to interact with

the government.

118. 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.] Please

send comments concerning the collections of information and the associated burden

estimate(s) to the contact listed above and to the Office of Information and Regulatory

66 Pub. L. 107-347, 116 Stat. 2899 (Dec. 17, 2002)

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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)395-7345, fax: (202)395-7285. Due to security concerns, comments should be sent

electronically to the following e-mail address: oira_submission@omb.eop.gov. Please

reference the docket number of this rulemaking in your submission.

IV. Environmental Analysis

119. 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.

67 The Commission concludes that neither an Environmental

Assessment nor an Environmental Impact Statement is required for this Final Rule under

Section 380.4(a) of the Commission’s regulations. Section 380.4(a)(15) provides for a

categorical exemption for approval of actions taken under Sections 205 and 206 of the

FPA relating to the filing of schedules containing all rates and charges for the

transmission or sale subject to the Commission’s jurisdiction, plus the classification,

practices, contracts and regulations that affect rates charges, classifications and services.

Section 380.4(a) (25) provides a categorical exemption for review of natural gas filings.

Section 38.4(26) provides an exclusion for review of oil pipeline filings. In addition,

section 380.4 (a) provides an exemption for rules that are clarifying corrective, or

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

486, 52 FR 47,897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations Preambles 1986-

1990 ¶ 30,783 (1987).

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procedural and that provide for information gathering, analysis, and dissemination.

Because this Final Rule only involves these matters, no environmental consideration is

necessary.

V. Regulatory Flexibility Act

120. The Regulatory Flexibility Act of 1980 (RFA)

68 generally requires a description

and analysis of whether the Final Rule will have a significant economic impact on a

substantial number of small entities or a certification that the Final Rule will not have a

significant economic impact on such entities. In the NOPR, we stated that the proposed

rule would be applicable to all entities regulated by the Commission, a small number of

which may be small entities. However, the Commission did not believe the rule would

have a significant impact on these small businesses because the software necessary to

create the XML software is commercially available from several Internet websites as

shareware or subject to low-cost licensing options. From the Commission staff’s own

experience, relatively inexpensive XML software can be obtained that can adequately

provide the basic tariff filing.

121. This Final Rule applies to public utilities that own, control or operate interstate

transmission facilities, natural gas companies and oil pipeline companies, the majority of

68 5 U.S.C. 601-612.

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which are not small businesses.

69 The Commission has identified that less than 2% of

these entities qualify as small entities. 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 §605(b) of the RFA.

VI. Document Availability

122. 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.

69 See 5 U.S.C. § 601(3), citing Section 3 of the Small Business Act, 15 U.S.C.

§ 623. Section 3 of the SBA defines a “small business concern” as a business which is

independently owned and operated and which is not dominant in its field of operation.

The Small Business Size Standards component of the North American Industry

Classification System defines a small utility as a company including its affiliates that is

primarily engaged in the generation, transmission, and/or distribution of electric energy

for sale and whose total electric output for the preceding fiscal year did not exceed 4

million megawatt hours. A small natural gas company is defined as a company that

transports natural gas and whose annual receipts (total income plus cost of good sold) did

not exceed $6.5 million for the previous year. A small oil pipeline company is defined a

company with 1,500 or less employees for the year.

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123. 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.

124. 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)

or e-mail 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.

VII. Effective Date and Congressional Notification

125. These regulations are effective [Insert_Date 30 days after publication in the

FEDERAL REGISTER]. The Commission has determined, with the concurrence of the

Administrator of the Office of Information and Regulatory Affairs of OMB, that this rule

is not a “major rule” as defined in section 351 of the Small Business Regulatory

Enforcement Fairness Act of 1996.

List of subjects

18 CFR Part 35

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

Electricity, Incorporation by reference.

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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.

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.

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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 the Commission.

( S E A L )

Kimberly D. Bose,

Secretary.

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In consideration of the foregoing, the Commission amends 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. The section title is revised;

b. In paragraph (a), the first sentence is revised;

c. In paragraph (a), the phrase “or tariff” is inserted after the phrase “rate

schedule”;

d. In paragraphs (b) and (c), remove all references to “supplement”;

e. In paragraphs (b) and (c), the phrase “or tariff” is removed and the phase “,

tariff, or service agreement” is added in its place;

f. In paragraph (c), the phrase “Notices of Cancellation or Termination” is

removed, and the phrase “cancellation or termination” is added in its place;

g. In paragraph (d), the phrase “, tariffs or service agreements” is added after the

phrase “rate schedules”;

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h. In paragraph (g), the phrase “service” is added before the phrase “agreement”;

to read as follows:

§ 35.1 Application; obligation to file rate schedules, tariffs and certain service

agreements.

(a) Every public utility shall file with the Commission and post, in conformity

with the requirements of this part, full and complete rate schedules and tariffs and those

service agreements not meeting the requirements of § 35.1(g), clearly and specifically

setting forth all rates and charges for any transmission or sale of electric energy subject to

the jurisdiction of this Commission, the classifications, practices, rules and regulations

affecting such rates, charges, classifications, services, rules, regulations or practices, as

required by section 205(c) of the Federal Power Act (49 Stat. 851; 16 U.S.C. 824d(c)). *

* *

* * * * *

3. Section 35.2 is amended as follows:

a. Paragraph (b) is revised;

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

respectively;

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

and the phrase “rate schedule, tariff or service agreement” is added in its place; and

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

follows:

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§ 35.2 Definitions.

* * * * *

(b) Rate schedule. The term rate schedule as used herein shall mean a

statement of (1) electric service as defined in paragraph (a) of this section, (2) rates and

charges for or in connection with that service, and (3) all classifications, practices, rules,

or regulations which in any manner affect or relate to the aforementioned service, rates,

and charges. This statement shall be in writing and may take the physical form of a

contract, purchase or sale or other agreement, lease of facilities, or other writing. Any

oral agreement or understanding forming a part of such statement shall be reduced to

writing and made a part thereof. A rate schedule is designated with a Rate Schedule

number.

(c)(1) Tariff. The term tariff as used herein shall mean a statement of (1) electric

service as defined in paragraph (a) of this section offered on a generally applicable basis,

(2) rates and charges for or in connection with that service, and (3) all classifications,

practices, rules, or regulations which in any manner affect or relate to the aforementioned

service, rates, and charges. This statement shall be in writing. Any oral agreement or

understanding forming a part of such statement shall be reduced to writing and made a

part thereof. A tariff is designated with a Tariff Volume number.

(2) Service agreement. The term service agreement as used herein shall mean

an agreement that authorizes a customer to take electric service under the terms of a

tariff. A service agreement shall be in writing. Any oral agreement or understanding

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forming a part of such statement shall be reduced to writing and made a part thereof. A

service agreement is designated with a Service Agreement number.

* * * * *

(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/or accessible in electronic format, 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, service agreement or tariff 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, service

agreement or tariff 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

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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.

(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

public utility of the e-mail 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 is amended as follows:

a. In paragraph (b), first sentence, the phrase “, tariffs or service agreements”

is added after the phrase “Rate schedules”.

b. In paragraph (b), second sentence, the phrase “or service agreement” is

added after the phrase “rate schedule”.

c. Paragraph (a) is revised to read as follows

§ 35.3 Notice requirements.

(a)(1) 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 tariff or the date on

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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

or tariff, 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 the public utility making a filing requesting deferral prior to the rate schedule or

tariff’s acceptance by the Commission.

(2) Service agreements. Service agreements that are required to be filed and

posted authorizing a customer to take electric service under the terms of a tariff, or any

part thereof, shall be tendered for filing with the Commission and posted not more than

30 days after electric service has commenced or such other date as may be specified by

the Commission.

* * * * *

5. In § 35.4, the phrase “, tariff or service agreement” is added following the phrase

“rate schedule”.

6. In § 35.6, the phrase “, tariff or service agreement” is added following the phrase

“rate schedule”.

7. Section 35.7 is revised to read as follows:

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§ 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 and service agreements, or parts

thereof, and material that relates to or bears upon such documents, such as cancellations,

amendments, withdrawals, termination, or adoption of tariffs.

(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.

(c) Format requirements for electronic filing. The requirements and formats

for electronic filing are listed in instructions for electronic filing and for each form.

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These formats are available on the Internet at http://www.ferc.gov and can be obtained at

the Federal Energy Regulatory Commission, Public Reference Room, 888 First Street,

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

8. In § 35.8, the section heading is revised as set forth below, paragraph (b) is

removed, the designation ”(a)” is removed from paragraph (a), and the paragraph (a)

heading, “Protests or interventions” is removed.

“§ 35.8 Protests and interventions by interested parties.”

* * * * *

9. Section 35.9 is revised to read as follows:

§ 35.9 Requirements for filing rate schedules, tariffs or service agreements.

(a) Rate schedules, tariffs, and service agreements may be filed either by

dividing the rate schedule, tariff, or service agreements into individual sheets or 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, although each schedule or attachment may be a single section.

Individual service agreements that are entered into pursuant to the OATT may be filed as

entire documents.

(c) OATT and other open access documents filed by Independent System

Operators or Regional Transmission Organizations must be filed either as individual

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sheets or sections. If filed as sections, the sections must be no larger than the 1.1 level,

including schedules or attachments. Individual service agreements that are part entered

into pursuant to the OATT may be filed as entire documents.

10. Section 35.10 is amended as follows:

a. The section heading is revised as set forth below;

b. In paragraph (a), the phrase “, tariff or service agreement” is added after the

phrase “rate schedule” anywhere it appears in the paragraph; and

c. Paragraphs (b) and (c) are revised to read as follows:

§ 35.10 Form and style of rate schedules, tariffs and service agreements.

* * * * *

(b) At the time a public utility files with the Commission and posts under this

part to supersede or 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 sheets or sections revised,

and file a marked version of the rate schedule, tariff or service agreement sheets or

sections showing additions and deletions. New language must be marked by either

highlighting, background shading, bold text, or underlined text. Deleted language must

be marked by strike-through.

(c) In any filing to supersede or 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

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constitute the filing. Revisions to unmarked portions of the rate schedule, tariff or service

agreement are not considered part of the filing nor will any acceptance of the filing by the

Commission constitute acceptance of such unmarked changes.

§35.10a [Amended]

11. In § 35.10a(b), the phrase “in the same format” is removed and the phrase “filed

electronically as” is added in its place, and the phrase “§ 35.10(b)” is removed, and the

phrase “§ 35.7” is added in its place.

§ 35.11 [Amended]

12. In § 35.11, the phrase “, tariff or service agreement” is added after the phrase “rate

schedule”.

13. Section 35.12 is amended as follows:

a. the section heading is revised to read as follows;

b. in paragraphs (a), (b)(2)(i), (b)(4), and (b)(5)(ii), the phrase “schedule” is

removed, and the phrase “rate schedule or tariff” is added in its place; and

c. in paragraph (b)(2)(ii), the phrase “or she” is added after the phrase “he”.

§ 35.12 Filing of initial rate schedules and tariffs.

* * * * *

14. Section 35.13 is amended as follows:

a. In paragraph (a)(1), the phrase “, tariff, or service agreement” is added

following the phrase “rate schedule”.

b. In paragraph (a)(2)(iii), the phrase “, tariff, or service agreement” is added after

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the phrase “rate schedule”, and the phrase “schedule or tariff” is removed in the first

sentence.

c. In paragraphs (a)(2)(iv), (a)(2)(iv)(A) and (a)(2)(iv)(B), the phrase “schedule”

is removed after the word “rate” in all places where it appears.

d. In paragraph (b)(1), the phrase “schedule ” is removed.

e. In paragraph (b)(2), the phrase “schedule” is removed.

f. In paragraph (b)(3), the phrase “schedule” is removed, and the phrase “mailed

or e-mailed” is removed, and the phrase “posted” is added in its place.

g. In paragraphs (b)(4), (b)(5), (b)(6), the phrase “schedule” is removed.

h. Paragraph (b)(8) is removed.

i. In paragraph (c)(1), introductory text, remove the reference to “or

supplemented”.

j. In paragraph (c), the section heading is revised to remove the word “schedule”.

k. In paragraph (c)(1), introductory text, remove the reference to “or

supplemented”,

l. In paragraph (c)(1), the phrase “, tariff, or service agreement” is added after the

first phrase “rate schedule,” and the second phrase “schedule or tariff” is removed

after the phrase “rate”.

m. In paragraphs (c)(1)(i), (c)(1)(ii)(A), (c)(1)(ii)(B), (c)(2), (c)(3), the phrase

“schedule” is removed following the word “rate”.

n. In paragraphs (d)(1)(ii), (d)(3)(i), (d)(3)(ii)(A), and (d)(3)(ii)(B), the phrase

“schedule” is removed following the word “rate”.

o. In paragraph (d)(5), the phrase “cut or folded to letter size,” is removed and the

phrase “provided in electronic format, shall be legible,” is added in its place.

p. In paragraph (e)(1)(i), the phrase “schedule” is removed after the phrase “rate”.

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q. In paragraph (f), the phrase “schedule” is removed after the phrase “rate”

anywhere it appears in the paragraph.

r. The section heading and paragraph (a) are revised to read as follows:

§ 35.13 Filing of changes in rate schedules, tariffs or service agreements.

* * * * *

(a) General rule. Every public utility shall file the information required by this

section, as applicable, at the time it files with the Commission under § 35.1 all or part of

a rate schedule, tariff or service agreement to supersede or otherwise change the

provisions of a rate schedule, tariff or service agreement filed with the Commission under

§ 35.1. Any petition filed under § 385.207 of this chapter for waiver of any provision of

this section shall specifically identify the requirement that the applicant wishes the

Commission to waive.

* * * * *

15. Section 35.14 is amended as follows:

a. In paragraph (a), introductory text, the phrase “(fuel clause)” is added after

phrase “Fuel adjustment clause”, and the phrase “, tariffs or service agreements” is added

after the phrase “rate schedules” anywhere it appears in the paragraph’s introductory text.

b. In paragraph (a)(7), the phrase “schedule” is removed in the second to last

sentence.

16. In § 35.15, paragraph (a) is revised, to read as follows:

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§ 35.15 Notices of cancellation or termination.

(a) General rule. When a rate schedule, tariff or service agreement 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, tariff or service agreement or part

thereof is to be filed in its place, a filing must be made to cancel such rate schedule, tariff

or service agreement or part thereof at least sixty days but not more than one hundredtwenty days prior to the date such cancellation or termination is proposed to take effect.

A copy of such notice to the Commission shall be duly posted. With such notice, each

filing party shall submit a statement giving the reasons for the proposed cancellation or

termination, and a list of the affected purchasers to whom the notice has been provided.

For good cause shown, the Commission may by order provide that the notice of

cancellation or termination shall be effective as of a date prior to the date of filing or

prior to the date the filing would become effective in accordance with these rules.

* * * * *

§ 35.16 [Amended]

17. In § 35.16, the phrase “on the form indicated in § 131.51 of this chapter” is

removed and the phrase “with a tariff consistent with the electronic filing requirements in

§ 35.7 of this part” is added in its place.

18. Section 35.17 is amended as follows:

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

respectively.

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b. The section heading is revised, and new paragraphs (a) and (b) are added

c. In redesignated paragraphs (c), (d), and (e), the phrase “tariff” is removed

and the phrase “, tariffs or service agreements” is added in its place.

§ 35.17 Withdrawals and amendments of rate schedules, tariff or service agreement

filings.

(a) Withdrawals of rate schedule, tariff or service agreement filings prior to

Commission action.

(1) A public utility may withdraw in its entirety a rate schedule, tariff or

service agreement 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, tariff or service agreement

sections will not become effective under section 205(d) of the Federal Power Act in the

absence of Commission action making the rate schedule, tariff or service agreement filing

effective.

(2) The withdrawal motion will become effective, and the rate schedule, tariff

or service agreement 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 rate schedule, tariff or service agreement

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sections prior to Commission action on the filing. A public utility may file to amend or

modify, and may file a settlement that would amend or modify, a rate schedule, tariff or

service agreement section contained in a rate schedule, tariff or service agreement 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.

* * * * *

19. In § 35.18, paragraph (a), first sentence, the phrase “, tariff or service agreement”

is added after the phrase “rate schedule”.

§ 35.21 [Amended]

20. In § 35.21, footnote 5, the words “footnote 1 to” are removed.

21. In § 35.22, in the section heading, paragraph (a), paragraph (f) heading, and

paragraph (f)(1), the phrase “, tariffs or service agreements” is added after the phrase

“rate schedules”

§ 35.23 [Amended]

22. In § 35.23, paragraph (b)(1)(ii) is revised to read as follows:

§ 35.23 General provisions.

(b) * * *

(ii) Submit the revisions in accordance with § 35.7; and

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* * * * *

§§ 35.1, 35.4, 35.5, 35.6, 35.11, 35.12, 35.13, and 35.17 [Amended]

23. 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.

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

24. 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]

25. Sections 131.51 and 131.53 are removed and reserved.

§ 131.52 [Amended]

26. In § 131.52, the words “(An original and one conformed copy to be submitted)”

are removed.

PART 154 – RATE SCHEDULES AND TARIFFS

27. The authority citation for part 154 continues to read as follows:

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Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-7352.

28. In § 154.2, paragraph (b) is revised by removing the words “either in book form

or”, and paragraph (d) is revised to read as follows:

§ 154.2 Definitions.

* * * * *

(d) Post means: to make a copy of a natural gas company's tariff and contracts

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

place at the natural gas company's offices where business is conducted with affected

customers; and, to serve each affected customer and interested state Commission in

accordance with §154.208 of this Part.

* * * * *

29. 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, and

motions relating to suspension.

(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

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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 Reference Room, 888 First Street,

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

§ 154.5 [Amended]

30. In § 154.5, the words “375.307(b)(2)” are removed and the words “Part 375” are

added in their place.

31. In §154.7, paragraph (b) is revised to read as follows:

§ 154.7 General requirements for the submission of a tariff filing or executed

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service agreement.

* * * * *

(b) A certification of service to all customers and state commissions pursuant to

§154.2(d).

§ 154.101 [Removed and Reserved]

32. Section 154.101 is removed and reserved.

33. 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 transportation 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 and must include at a minimum a section for

each item listed in the table of contents under §154.103 of this section and each topic

listed under General Terms and Conditions of Service.

(c) Individual negotiated rate agreements, non-conforming service agreements,

or other agreements that are included in the tariff may be filed as entire documents.

(d) The first section or sheet of the tariff must include:

(1) The FERC Gas Tariff Volume Number and Name of the Natural Gas

Company, for example

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FERC Gas Tariff Volume No. [ ] of [Name of Natural Gas Company]

(2) The name, title, address, telephone number, email address and facsimile

number of a person to whom communications concerning the tariff should be sent.

34. 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.

§ 154.106 [Amended]

35. In § 154.106, paragraph (b) is removed and reserved.

36. In § 154.112, sentences 4 through 6 of paragraph (a) and sentence 2 of paragraph

(b) are revised to read as follows:

a. * * *. Modifications must be made by inserting revised sheets,

sections or the entire document as appropriate. Special rate schedules must be included

in a separate volume of the tariff. Each such separate volume must contain a table of

contents which is incorporated as a sheet or section in the open access transmission

tariff.

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b. * * * Such non-conforming agreements must be referenced in the

open access transmission tariff.

§ 154.107 [Amended]

37. Section 154.107 is amended as follows:

a. In paragraphs (d) and (e) all references to “sheet” are removed and “sheet or

section” is added in their place.

b. In paragraph (e) the reference to “or Gas Research Institute” is removed.

38. Section 154.201 (a) is revised to read as follows:

§ 154.201 Filing requirements.

* * * * *

(a) A list in the transmittal letter of the tariff sheets or sections being revised

and a marked version of the sheets 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.

* * * * *

39. Section 154.205 is amended as follows:

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

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(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 sheets, 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 sheets, sections or service

agreements prior to Commission action on a tariff filing. A natural gas company may file

to amend or modify a tariff or service agreement contained in a tariff filing upon which

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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.

* * * * *

40. In § 154.208, the section heading is revised, paragraph (d) is revised and

paragraphs (e) and (f) are added to read as follows:

§ 154.208 Service of tariff filings 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 of initial tariff filings under this section must notify the company of the

e-mail 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,

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providing good cause for its inability to accept electronic service.

§ 154.209 [Removed and Reserved]

41. Section 154.209 is removed and reserved.

§ 154.402 [Amended]

42. In § 154.402, paragraph (b)(1), the word “schedules” is removed and the words

“rate schedules” are added in its place.

§ 154.602 [Amended]

43. 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”.

44. 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]

45. In addition to the amendments set forth above, in 18 CFR Part 154, the following

nomenclature changes are made to the sections as amended:

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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

46. The authority citation for part 157 continues to read as follows:

Authority: 15 U.S.C. 717-717w.

47. 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

48. 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]

49. Sections 250.2, 250.3, and 250.4 are removed and reserved.

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PART 281 – NATURAL GAS CURTAILMENT UNDER THE NATURAL GAS

POLICY ACT OF 1978

50. 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.

51. 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]

52. 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.”

PART 284 – CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS

UNDER THE NATURAL GAS POLICY ACT OF 1978 AND RELATED

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AUTHORITIES

53. 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.

54. 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.

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(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 Reference Room, 888 First Street,

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

55. In § 284.224, paragraph (e)(5) is revised to read as follows:

§ 284.224 Certain transportation and sales by local distribution companies.

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* * * * *

(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

56. 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.

57. 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.

* * * * *

PART 341 – OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT

TO SECTION 6 OF THE INTERSTATE COMMERCE ACT

58. The authority citation for part 341 continues to read as follows:

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

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59. In § 341.0, paragraph (a)(11) is revised and paragraph (a)(13) is added to read as

follows:

§ 341.0 Definitions; application.

(a) * * *

(11) Tariff publication means all parts of a filed tariff, including revised pages,

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.

* * * * *

60. Section 341.1 is revised to read as follows:

§ 341.1 Electronic filing of tariffs and related materials.

(a) General rule. Filings of tariff publications and related materials must be

made electronically.

(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:

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(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 Reference Room, 888 First Street,

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

61. 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

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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

entitled to service under this paragraph (a) must notify the company of the e-mail 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.

For service made on paper, the letters of transmittal must certify that the filing has been

sent to each customer or party by first class mail or other agreed-upon means. If there are

no subscribers, letters of transmittal must so certify.

* * * * *

62. 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) * * *

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(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

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 to tariff provisions identified in the filing constitute the tariff

filing. Revisions to unidentified 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.

* * * * *

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§ 341.4 [Amended]

63. In § 341.4, paragraph (c) is removed and reserved.

64. 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

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

65. The authority citation for part 344 continues to read as follows:

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

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66. 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.

(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

67. 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.

68. 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

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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

69. 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.

70. In § 347.1, remove the second sentence of paragraph (a), remove the last two

sentences of paragraph (c), and revise paragraph (b) to read as follows:

§ 347.1 Material to support request for newly established or changed property

account depreciation studies.

(a) * * *

(b) All filings under this Part must be made electronically pursuant to the

requirements of §§ 341.1 and 341.2 of this chapter.

* * * * *

PART 348 – OIL PIPELINE APPLICATIONS FOR MARKET POWER

DETERMINATIONS

71. The authority citation for part 348 continues to read as follows:

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Authority: 42 U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. U.S.C. 1–85.

72. In § 348.2, paragraphs (a) and (c) are revised to read as follows:

§ 348.2 Procedures.

(a) All filings under this Part must be made electronically pursuant to the

requirements of §§ 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

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

73. 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.

74. Amend § 375.307 as follows:

a. Paragraph (b)(1)(i) is amended by removing the word “and” from the end

of the paragraph.

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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

75. The authority citation for part 385 continues to read as follows:

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]

76. In § 385.203, paragraph (a)(4), the reference to “sheets” is removed and “sheets or

sections” is added in its place.

77. 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

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regulations under this chapter. * * *

* * * * *

78. In § 385.216, the heading and paragraph (a) are 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 under

this chapter.

* * * * *

§ 385.217 [Amended]

79. 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]

80. In § 385.2011, paragraph (b)(1) is removed and reserved, and paragraphs (b)(4)

and (b)(5) are removed.

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Appendix

Commenters and Abbreviations

American Gas Association (AGA)

Arizona Public Service Company (APS)

Association of Oil Pipe Lines (AOPL)

Bonneville Power Administration (Bonneville)

California Independent System Operator Corporation (CAISO)

Duke Energy Corporation (Duke Energy)

Edison Electric Institute (EEI)

Entergy Services, Inc. (Entergy)

FirstEnergy Service Company (FirstEnergy)

Interstate Natural Gas Association of America (INGAA)

ISO New England, Inc. (ISO New England)

Midwest Independent Transmission System Operator, Inc. (Midwest ISO)

Nevada Power Company and Sierra Pacific Power Company (Nevada Power)

New England Participating Transmission Owners Administrative Committee (New

England PTOs)

Public Service Electric and Gas Company and PSEG Energy Resources & Trade LLC

(PSEG)

Southern California Edison Company (Southern California Edison)

TransCanada Corporation (TransCanada)

UNICON, Inc. (UNICON)

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Document Content(s)

19644437.DOC..........................................................1-110

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