(a) General provisions—(1) Contents of filing. Any application under this subpart for confirmation and approval of rate schedules must include, as described in this section a letter of request for rate approval, a form of notice suitable for publication in the Federal Register in accordance with the specifications in § 385.203(d) of this chapter, the rate schedule, a statement of revenue and related costs, the order, if any, placing the rates into effect on an interim basis, the Administrator's Record of Decision or explanation of the rate development process, supporting documents, a certification, and technical supporting information and analysis. The form of notice shall be on electronic media as specified by the Secretary.
(2) Incorporation of information by reference. Any information required under this subpart that has previously been submitted to the Commission in substantially the same form as specified in this section may be incorporated by reference only.
(3) Time of filing.(i) Rate schedules put into effect on an interim basis by the Secretary of the Department of Energy, or a designee, and filed for final Commission approval must be filed not later than five days after interim approval is granted.
(ii) Rate schedules of the Bonneville Power Administration for which interim approval by the Commission is requested must be filed not later than 60 days in advance of the proposed effective date.
(iii) Rate schedules for which interim approval is not requested must be filed not later than 180 days in advance of the proposed effective date.
(4) Electronic filing. All material must be filed electronically in accordance with the requirements of § 35.7 of this chapter.
(b) Letter of request for rate approval. A letter of request for rate approval must contain the following information:
(1) A description of the period for which Commission approval is requested, delineated by an effective date and an expiration date, and, for the Bonneville Power Administration, a request, if any, for interim approval of the rates;
(2) A brief description of the proposed rates and charges under existing and proposed rate schedules and the expected changes, if any, in annual revenues; and
(3) A description of how the filed rate differs in rate level or rate structure from the rate schedule currently effective.
(c) Notice of filing. The notice of filing, suitable for publication in the Federal Register, must contain the following information:
(1) The identification number or description of the rate schedule or contract;
(2) If the rate schedule includes changes in rates, the dollar amount and percent increase or decrease in rates;
(3) If the rate schedule includes changes other than rates, a brief description of the changes;
(4) A brief explanation of the reasons for any proposed change in the rate schedule;
(5) A statement whether interim approval of Bonneville Power Administration rates is requested;
(6) The proposed effective date of the rate schedule; and
(7) The proposed rate approval period.
(d) Rate schedules. A filed rate schedule, as defined in § 300.1(b)(7), must describe the following, as appropriate:
(1) The class of service to which each rate schedule will apply and service areas or zones which will be affected by the filed rate;
(2) The rate to be applied to capacity and energy services or other services;
(3) Special provisions, such as discounts, penalties, power factor adjustments, service interruptions, unauthorized overruns and other similar provisions which may affect the rate and charges; and
(4) The period during which the rates will be effective.
(e) Statement of revenue and related costs. Each filing shall include a statement which includes cost (if available) and revenue data for each class of service as specified in each rate schedule for the proposed period.
(f) Explanation of rate development process and supporting documents.(1) The Administrator must file the entire record on which the final decision establishing a rate scheduled is based.
(2) The Administrator must file a Record of Decision, if one is made, or an explanation of the rate development process, if a Record of Decision is not made. The Record of Decision or the explanation of the rate development process must include:
(i) A discussion of issues raised by customers or the public and how such issues were resolved;
(ii) A discussion of all statutory, regulatory, or other requirements which governed the Administrator's decision;
(iii) A description of any methodology used for determining revenue requirements and for developing appropriate rate structures;
(iv) A list identifying all documents submitted for Commission consideration; and
(g) Certification. The Administrator must file a statement certifying that the rate is consistent with applicable laws and that it is the lowest possible rate consistent with sound business principles.
(h) Additional filing requirements.(1) The Administrator must file with the Commission any other information relevant to the Commission's ratemaking decision.
(2) The Administrator must file any other information requested by the Office of Energy Market Regulation as needed for Commission analysis of the rate filing.
[Order 382, 49 FR 25235, June 20, 1984, as amended by Order 541, 57 FR 21734, May 22, 1992; Order 593, 62 FR 1284, Jan. 9, 1997; Order 647, 69 FR 32439, June 10, 2004; Order 699, 72 FR 45325, Aug. 14, 2007; Order 701, 72 FR 61054, Oct. 29, 2007; Order 714, 73 FR 57536, Oct. 3, 2008]
Title 18 published on 2012-04-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.