30014 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 

Reservoir, which receives water from 

Lost Creek, and the Slate Creek and 

South Fork Feather River diversion 

tunnels in Butte, Yuba and Plumas 

counties, California. 

SFWPA’s Proposed Action includes: 

(1) Raising Sly Creek Dam 

approximately 10 feet through the use of 

mechanically stabilized earth walls 

constructed from approximately 20,000 

cubic yards of fill from an onsite borrow 

area; (2) modifying the spillway crest 

structure; (3) replacing the spill gate; 

and (4) altering roadway approaches to 

the Sly Creek Dam crest and re-paving 

the road to improve drainage conditions 

in the adjacent campground and borrow 

site. 

The EA contains Commission staff’s 

analysis of the potential environmental 

effects of the Proposed Action and 

concludes that the Proposed Action, 

with the implementation of 

environmental protective measures, 

would not constitute a major federal 

action significantly affecting the quality 

of the human environment. 

A copy of the EA is available for 

review at the Commission’s Public 

Reference Room, or it may be viewed on 

the Commission’s Web site at http:// 

www.ferc.gov using the ‘‘eLibrary’’ link. 

Enter the docket number (P–2088) in the 

docket number field to access the 

document. Additional information 

about the project is available from the 

Commission’s Web site using the 

eLibrary link. For assistance with 

eLibrary, contact 

FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676; for TTY, contact 

(202) 502–8659. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–12858 Filed 5–27–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. PR10–25–000] 

Consumers Energy Company; Notice 

of Baseline Filing 

May 21, 2010. 

Take notice that on May 17, 2010, 

Consumers Energy Company 

(Consumers) submitted a baseline filing 

of its Statement of Operating Conditions 

for the interruptible transportation 

services provided under section 

311(a)(2) of the Natural Gas Policy Act 

of 1978 (‘‘NGPA’’). 

Any person desiring to participate in 

this rate proceeding must file a motion 

to intervene or to protest this filing must 

file in accordance with Rules 211 and 

214 of the Commission’s Rules of 

Practice and Procedure (18 CFR 385.211 

and 385.214). Protests will be 

considered by the Commission in 

determining the appropriate action to be 

taken, but will not serve to make 

protestants parties to the proceeding. 

Any person wishing to become a party 

must file a notice of intervention or 

motion to intervene, as appropriate. 

Such notices, motions, or protests must 

be filed on or before the date as 

indicated below. Anyone filing an 

intervention or protest must serve a 

copy of that document on the Applicant. 

Anyone filing an intervention or protest 

on or before the intervention or protest 

date need not serve motions to intervene 

or protests on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: 5 p.m. Eastern Time 

on Friday, May 28, 2010. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–12861 Filed 5–27–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy; Energy Efficiency 

and Conservation Block Grant 

Program 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice. 

SUMMARY: This document advises the 

public that a class deviation to the 

Department of Energy (DOE) Financial 

Assistance Rules, particularly the 

regulations that deal with programmatic 

changes, and DOE policies and 

procedures on the use of warranted 

Contracting Officers to administer 

financial assistance agreements, has 

been approved for the Energy Efficiency 

and Conservation Block Grant (EECBG) 

program. This class deviation gives 

authority to EECBG Program Managers 

to approve the following processes for 

financial assistance agreements made 

using Recovery Act funding to State, 

city, county, and Tribal recipients in 

support of the formula EECBG program: 

Administer financial assistance awards 

for approval of programmatic changes 

under the Changes section of the 

Financial Assistance Rules; review of 

subsequent budget submittals for 

consistency with the requirements of 

Office of Management and Budget’s 

(OMB) Cost Principles for State, Local 

and Indian Tribal Governments 

(questions on allowability, allocability 

and reasonableness of budgets and 

individual cost elements will be 

forwarded to the Contracting Officer for 

adjudication), remove and/or modify 

National Environmental Policy Act 

(NEPA) restrictions, including guidance 

on NEPA requirements; and amend 

agreements for administrative activities 

such as lifting conditions based on 

approval of Strategies. The class 

deviation does not apply to non-formula 

awards. 

DATES: This class deviation is effective 

June 14, 2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Tyler Huebner, U.S. Department of 

Energy, Office of Weatherization and 

Intergovernmental Programs, Mailstop 

EE–2K, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. Email: tyler.huebner@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion 

III. Determination 

I. Background 

The DOE, Office of Energy Efficiency 

and Renewable Energy (EERE), has 

experienced historic growth and 

unprecedented workload challenges as a 

result of the passage of the American 

Recovery and Reinvestment Act of 2009 

(Recovery Act). The Recovery Act 

provides critical funding to be spent in 

support of the economy, creating jobs 

and serving the public purpose by 

advancing the development and 

adoption of renewable and energy 

efficiency technology. 

The Recovery Act included 

conditions on the use of its funding for 

all awards. These conditions included 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 30015 

applying the Davis-Bacon Act to 

financial assistance and adding Buy 

American requirements for steel, iron 

and manufactured goods. In addition, 

the Recovery Act did not provide for 

waivers or deviations from any statutory 

or regulatory requirement normally 

associated with acquisitions and 

financial assistance activities. Of 

particular importance for the EECBG 

Program, waivers or deviations were not 

provided from the National 

Environmental Policy Act (NEPA) or the 

Office of Management and Budget 

(OMB) Guidance for Grants and 

Agreements. 

Under the Recovery Act, EERE is 

charged with spending over $16 billion 

dollars across the entire EERE portfolio, 

including $2.7 billion for EECBG 

Program. The EECBG Program, funded 

for the first time by the Recovery Act, 

represents a Presidential priority to 

deploy the cheapest, cleanest, and most 

reliable energy technologies we have— 

energy efficiency and conservation— 

across the country. The EECBG Program, 

authorized in title V, subtitle E, of the 

Energy Independence and Security Act 

of 2007 (EISA), is intended to assist U.S. 

cities, counties, States, territories, and 

Indian Tribes to develop, promote, 

implement, and manage energy 

efficiency and conservation projects and 

programs designed to: 

• Reduce fossil fuel emissions; 

• Reduce the total energy use of the 

eligible entities; and 

• Improve energy efficiency in the 

transportation, building, and other 

appropriate sectors. 

See EISA section 542(b). Through 

formula and competitive grants, the 

EECBG Program empowers local 

communities to make strategic 

investments to meet the nation’s longterm goals for energy independence and 

leadership on climate change. 

In support of the EECBG Program, 

EERE and the procurement offices 

(Procurement) at the Golden Field 

Office, Oak Ridge Operations Office, 

and Yucca Mountain Project Office have 

been charged with managing over 2,200 

block grants to cities, counties, States 

and Tribal governments. In order to 

obligate funds quickly and expedite the 

process of developing strategies and 

budgets, the majority of the grants were 

awarded on a partially conditioned 

basis. That is, awards were conditioned 

upon NEPA approval and included 

requirements for post-award submission 

of strategies and budgets. To lift all 

conditions so that grantees may expend 

all grant funds, awards must be 

amended at least once and often 

multiple times. While this practice of 

conditioning the awards may reduce the 

risk of misuse of Recovery Act funds, it 

creates a tremendous workload on the 

program and procurement offices. 

Although numerous standard 

processes have been streamlined and/or 

waived, including lifting NEPA 

restrictions via a letter issued by the 

Contracting Officer (rather than through 

a grant amendment) and waiving 

approval of budget changes as 

authorized by 10 CFR 600.230(c), 

additional relief is necessary to ensure 

that the funds are released to the 

grantees expeditiously in accordance 

with the intent of the Recovery Act. 

II. Discussion 

According to DOE’s Financial 

Assistance Rules, 10 CFR Part 600, and 

as reflected in the DOE’s Guide to 

Financial Assistance, a warranted 

Contracting Officer is required to sign 

all financial assistance awards and 

amendments including awards to States, 

cities, counties and Tribes receiving 

formula funds as part of the EECBG 

program. For EECBG, this may require 

as many as 10,000 actions to release 

conditions fully on the awards and 

permit use of Recovery Act funds. Given 

the limited number of Contracting 

Officers within DOE and particularly 

within the procurement offices 

processing EECBG workload, there is a 

limit to the number of awards that can 

be made or amended in the near term 

under the current regulatory 

requirements and DOE policies. 

EERE has examined the financial 

assistance award and administration 

process to determine what additional 

approaches can be used in the short 

term to support timely processing of the 

extraordinary workload while 

maintaining the due diligence and rigor 

that expenditures of public funds 

requires. EERE recommended that the 

DOE Senior Procurement Executive/ 

Director, Office of Procurement and 

Assistance Management approve a class 

deviation to allow EECBG Program 

Managers to have the authority to 

approve the following processes: 

(1) Administer financial assistance 

awards for approval of programmatic 

changes under 10 CFR 600.230(d); 

(2) Review of subsequent budget 

submittals for consistency with the 

requirements of OMB Circular A–87. 

Questions on allowability, allocability 

and reasonableness of budgets and 

individual cost elements will be 

forwarded to the Contracting Officer for 

adjudication. 

(3) Remove and/or modify NEPA 

restrictions, including guidance on 

NEPA requirements; and 

(4) Amend agreements for 

administrative activities such as lifting 

conditions based on approval of 

Strategies. 

In order to ensure that the grant file 

is complete and there is a record of 

approvals, the EECBG Program Manager 

approval must be in writing and the 

Contracting Officer must be copied on 

all such approvals. 

Each program manager must have 

filed either a public financial disclosure 

report (SF 278) or a confidential 

financial disclosure report (OGE 450), 

depending upon the individual’s 

position at the Department, and it must 

be confirmed that the individual does 

not have any conflicts of interest that 

have not been remedied. Prior to 

receiving a delegation as discussed 

herein, each program manager must 

have completed two financial assistance 

classes (Basic Financial Assistance and 

Cost Principles—see the Acquisition 

Career Management Program Manual for 

further information). EECBG must 

provide a written request to the Head of 

the Contracting Activity (HCA) for the 

Golden Field Office identifying the 

person, demonstrating satisfaction of 

these qualifications, and stating the 

need for the delegation. For awards 

administered by other than the Golden 

Field Office, that office’s cognizant HCA 

will be asked to concur on the EECBG 

Program Manager’s delegation of 

authority for awards under that office’s 

purview. 

Although there are risks that the 

funds may be used inappropriately, 

overall EECBG awards are generally 

low-risk awards. The awards are to 

cities, counties, States and Tribes which 

are generally low risk recipients. Many 

of the recipients have other Federal 

awards and have established processes 

that provide systemic support for proper 

use of Federal funds. The total dollar 

amount of each award is established by 

a formula that limits the DOE’s liability 

for cost overruns or underestimation of 

costs included in the proposed budget. 

Risk is further limited as the grantee 

must first have an approved energy 

efficiency and conservation strategy 

pursuant to EISA 545(b) (hereafter, 

Strategy). Projects must be for an 

eligible activity under EISA 544 and 

require DOE approval for work to begin. 

Each entity expending over $500,000 in 

a fiscal year is subject to the Single 

Audit Act, and DOE has the right to 

perform other nonduplicative audits on 

the grants. Together, these measures 

limit the risk to DOE of misuse of funds. 

To limit the risk of misuse of funds 

associated with the delegation of 

authority to approve certain post-award 

processes to EECBG Program Managers, 

the following actions remain 

unchanged: 


jlentini on DSKJ8SOYB1PROD with NOTICES
30016 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 

(1) Contracting Officers will review 

the initial award package (including 

budget and proposed activities) and 

issue the initial award obligating the 

funds. 

(2) The annual audit contained in 

OMB Circular A–133 remains in effect 

and will serve as additional oversight of 

expenditures. 

(3) A NEPA Compliance Officer 

(NCO) will determine whether the 

NEPA requirements have been satisfied 

for a recipient’s project. 

The process for approving the actions 

that occur after a Contracting Officer has 

made the initial award is the following: 

(1) Upon receiving a package from the 

recipient, the agreement’s assigned 

Federal Technical Project Officer (TPO) 

determines if the package involves one 

of the actions listed above (i.e., approval 

of the Strategy, award modification such 

as a scope change, or NEPA letter 

modification). 

(2) If the TPO determines the package 

involves one of the above actions, (s)he 

completes a technical evaluation (or 

drafts a letter lifting the NEPA 

condition), along with a brief risk 

assessment of the grantee (see OWIP 

Monitoring Plan and the DOE Guide to 

Financial Assistance), completes a 

review of the recipient’s budget 

consistent with OMB Circular A–87, 

and submits the documentation to the 

EECBG Program Manager. 

(3) The cognizant EECBG Program 

Manager reviews the technical 

evaluation and risk assessment and 

either approves via signature, or 

requests the TPO to: 

a. Revise the technical evaluation, 

and/or gather more information from the 

grantee; 

b. Submit the package to a Specialist 

in Procurement for a peer-review prior 

to approval by the EECBG Program 

Manager or designee; or 

c. Submit the package to Procurement 

for full review and approval by a 

Contracting Officer, per 10 CFR part 

600. 

(4) Following approval by the EECBG 

Program Manager, the TPO will 

maintain a file with information on the 

action including a memo explaining the 

change and any award documents (e.g., 

budget). The TPO notifies Procurement 

of the completed action, providing a 

copy of the approval as noted above. 

(5) As a part of the closeout process, 

a Contracting Officer will incorporate 

the EECBG Program Manager’s 

approvals into the award so that the 

final electronic record is complete. 

The competitive portion of the EECBG 

program is not included in this 

deviation request. The twenty-five 

awards made under what is now being 

called the Retrofit Ramp-Up program 

will not be following the same processes 

for full unrestricted use of funds. 

This modified financial assistance 

administration process would provide 

for due diligence in review of initial and 

final scopes of the work performed 

under the EECBG formula, in keeping 

with the goals and objectives of the 

Recovery Act while operating in 

accordance with DOE’s Financial 

Assistance Rules and OMB guidance on 

financial assistance. 

III. Determination 

At the request of the Office of EERE 

on May 12, 2010, the Senior 

Procurement Executive of the 

Department of Energy and as the Acting 

Director of the Office of Procurement 

and Assistance Management (OPAM), 

Patrick M. Ferraro, executed the 

‘‘Determination and Findings to Deviate 

from 10 CFR Part 600’’ which authorizes 

a class deviation to Department of 

Energy policies and procedures as 

described therein. As required by 10 

CFR 600.4(d), that Determination is set 

forth below, and will take effect on June 

14, 2010. 

Issued in Washington, DC, on May 21, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

U.S. Department of Energy 

Office of Energy Efficiency and 

Renewable Energy 

Energy Efficiency Conservation Block 

Grant Program Determination and 

Findings To Deviate From 10 CFR Part 

600 

In accordance with paragraph 2.8 of 

the delegation of authority from the 

Secretary of Energy to the Director, 

Office of Procurement and Assistance 

Management (OPAM) as Senior 

Procurement Executive of the 

Department of Energy, the Director may: 

Enter into, approve, administer, modify, 

close-out, terminate and take such other 

actions as may be necessary and appropriate 

with respect to any financial assistance 

agreement, sales contract, or similar 

transaction, whether or not binding DOE to 

the obligation and expenditure of public 

funds. Such action shall include the 

rendering of approvals, determinations, and 

decisions, except those required by law or 

regulation to be made by other authority. 

The DOE Financial Assistance Rules, at 10 

CFR 600.4(c)(ii), authorize the Director of 

OPAM to approve or deny requests for a class 

deviation. 

Findings 

This memorandum presents all 

findings associated with U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy 

(EERE)’s request for a class deviation. 

EERE has experienced historic growth 

and unprecedented workload challenges 

as a result of the passage of the 

American Recovery and Reinvestment 

Act of 2009 (Recovery Act). Changes to 

normal procedures are required to meet 

the goals and objectives of the Recovery 

Act. 

a. The Contracting Officer is defined 

in 10 CFR 600.3 as the DOE authorizing 

official to execute awards on behalf of 

DOE and who is responsible for the 

business management and non-program 

aspects of the financial assistance 

process. 

b. Recipients are required by 10 CFR 

600.230 to obtain the prior approval of 

the awarding agency whenever any of 

the following actions is anticipated: 

(1) Any revision of the scope or 

objectives of the project (regardless of 

whether there is an associated budget 

revision requiring prior approval). 

(2) Need to extend the period of 

availability of funds. 

(3) Changes in key persons in cases 

where specified in an application or a 

grant award. In research projects, a 

change in the project director or 

principal investigator shall always 

require approval unless waived by the 

awarding agency. 

(4) Under nonconstruction projects, 

contracting out, subgranting (if 

authorized by law) or otherwise 

obtaining the services of a third party to 

perform activities which are central to 

the purposes of the award. This 

approval requirement is in addition to 

the approval requirements of § 600.236 

but does not apply to the procurement 

of equipment, supplies, and general 

support services. 

c. The Recovery Act appropriated $2.7 

billion dollars for the Energy Efficiency 

and Conservation Block Grant (EECBG) 

program. The EECBG is intended to 

assist U.S. cities, counties, States, 

territories, and Indian Tribes, to 

develop, promote, implement, and 

manage energy efficiency and 

conservation projects and programs 

designed to: 

• Reduce fossil fuel emissions; 

• Reduce the total energy use of the 

eligible entitles; and 

• Improve energy efficiency in the 

transportation, building, and other 

appropriate sectors. 

d. The EECBG program is carried out 

through the award of formula grants. 

The program regulations define the 

eligible applicants and the formula for 

the total amount of the awards. The 

competitive award portion of the EECBG 

is not included in this deviation. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 30017 

1Electronic Tariff Filings, Order No. 714, FERC 

Stats. & Regs. ¶ 31,276 (2008). 

2The data elements and communication protocol 

are described in the Implementation Guide for 

Electronic Filing of Parts 35, 154, 284, 300, and 341 

Tariff Filing (Implementation Guide), available at 

http://www.ferc.gov/docs-filing/etariff/

implementation-guide.pdf. 

3As indicated in Order No. 714, this phrase is 

intended to encompass rate schedule and 

jurisdictional agreement filings as well. Order No. 

714, at P 13 n.11. 

e. The EECBG program has 

dramatically increased the workload 

placed on DOE procurement offices to 

award and administer the grants 

executed for the program. 

f. Delegation of certain non-monetary 

administrative actions to DOE program 

managers will increase the speed of 

expenditures of Recovery Act funds 

under the EECBG to speed goals of the 

Recovery Act. 

g. Appropriate controls, oversight and 

monitoring are available to decrease the 

risk of misuse of funds by the recipients 

without the Contracting Officers 

involvement in approval of 

programmatic changes and other 

administrative actions. 

Determination 

Based on the above findings and in 

accordance with the authority granted to 

me as the Senior Procurement Executive 

of the Department of Energy and as the 

Director of OPAM, I have determined 

that a class deviation to Department of 

Energy policies and procedures 

governing financial assistance is 

appropriate and necessary to meet the 

goals and objectives of the Recovery Act 

while at the same time providing 

required due diligence and rigor that 

support DOE’s execution of its fiduciary 

responsibilities. 

I have determined the deviation to 10 

CFR Part 600, in particular 10 CFR 

600.230, and DOE policies and 

procedures on the use of warranted 

Contracting Officers to administer 

financial assistance agreements is in the 

best interest of the EECBG program and 

the use of Recovery Act funds. The 

deviation is approved subject to the 

above findings and the process outlined 

in the attached memorandum. 

This class deviation applies to 

financial assistance agreements made 

using Recovery Act funding to State, 

city, county or Tribal recipients in 

support of the EECBG program. It does 

not apply to non-formula awards. 

This class deviation is not effective 

until fifteen days after a notice is 

published in the Federal Register; see 

10 CFR 600.4(d). 

Patrick M. Ferraro, 

Acting Director, Office of Procurement and 

Assistance Management. 

[FR Doc. 2010–12886 Filed 5–27–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. RM01–5–000] 

Electronic Tariff Filings; Notice of 

Posting Regarding Filing Procedures 

for Electronically Filed Tariffs 

May 21, 2010. 

Take Notice that the attached 

document ‘‘Filing Procedures For 

Electronically Filed Tariffs, Rate 

Schedules And Jurisdictional 

Agreements’’ has been posted on the 

eTariff Web site (http://www.ferc.gov/

docs-filing/etariff.asp) under 

Commission Orders and Notices at 

http://www.ferc.gov/docs-filing/etariff/ 

com-order.asp. 

For further information, please 

contact Keith Pierce at 202–502–8525 or 

Andre Goodson at 202–502–8560, or 

through e-mail to etariff@ferc.gov. 

Kimberly D. Bose, 

Secretary. 

Filing Procedures for Electronically 

Filed Tariffs, Rate Schedules and 

Jurisdictional Agreements 

In Order No. 714,1 the Commission 

adopted regulations requiring that, 

starting April 1, 2010, and for a 

transition period through September 30, 

2010, all tariffs, rate schedules, and 

jurisdictional agreements, and revisions 

to such documents, filed with the 

Commission must be filed electronically 

according to a format provided in the 

Implementation Guide.2 Based on issues 

that have arisen on some of the baseline 

tariff filings, and inquiries, this notice 

describes procedures for making 

electronic tariff filings.3 Electronic tariff 

filings that do not comply with these 

requirements are subject to rejection. 

• Once a Baseline Tariff Filing Has 

Been Made, All Tariff Filings Must be 

Made Electronically Pursuant to the 

Order No. 714 Guidelines. 

Once a company makes its baseline 

tariff filing in compliance with Order 

No. 714, the company must make all 

subsequent filings of tariffs, rate 

schedules, and jurisdictional 

agreements in the Order No. 714 

baseline tariff filing format. As provided 

in Order No. 714, this requirement is 

not limited to tariffs or to modifications 

of the baseline tariff filing, but 

encompasses all the company’s other 

tariffs, rate schedules, and jurisdictional 

agreements, and all filings revising, 

withdrawing, or otherwise affecting 

such documents or the effective dates of 

such provisions. For example, natural 

gas negotiated rate agreements and nonconforming service agreements, electric 

rate schedules, transmission, power 

sale, and ancillary service agreements, 

interconnection agreements, and all 

other jurisdictional agreements are 

covered by this requirement. As 

described below, this requirement also 

applies to tariff filings related to periods 

earlier than the baseline filing. Once the 

Office of the Secretary accepts a 

company’s baseline tariff filing for 

processing, the company should not 

make any further tariff related filings on 

paper or electronically in a format that 

does not comply with the electronic 

filing format required by Order No. 714. 

• Required Tariff Documents To Be 

Included With an Electronic Tariff 

Filing. 

As part of an electronic tariff filing, 

companies must include as tariff records 

1) a copy of the proposed tariff 

provision, and 2) the plain text of the 

tariff provision. In addition as 

attachments, companies must include 3) 

a clean copy of the tariff provision and 

4) the marked text of the provision 

(when required). 

• Electronic Tariff Filings for Periods 

Earlier Than the Baseline Filing. 

The electronic tariff software will not 

accept electronic tariff filings with tariff 

records that have a proposed effective 

date earlier than the effective date 

associated with the tariff identification 

number for the baseline filing. 

Companies may have outstanding 

compliance obligations or rates for 

prior, locked-in periods that need to be 

filed with the Commission or may need 

to propose changes to parts of a 

company’s tariffs that were not part of 

the baseline tariff filing. Such filings 

should be made in the following 

manner: 

Æ The compliance or other 

provision applicable to the period after 

the baseline tariff filing has been 

accepted by the Secretary for processing 

must be made in the electronic tariff 

filing format required by Order No. 714. 

Æ Tariff provisions governing 

periods earlier than the baseline filing 

must be included either as part of the 

transmittal letter or as a separate 

attachment, unless the company and its 

customers have waived the need to file 

tariff provisions for the earlier periods. 


jlentini on DSKJ8SOYB1PROD with NOTICES