18 CFR 342.4 - Other rate changing methodologies.

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§ 342.4 Other rate changing methodologies.

(a)Cost-of-service rates. A carrier may change a rate pursuant to this section if it shows that there is a substantial divergence between the actual costs experienced by the carrier and the rate resulting from application of the index such that the rate at the ceiling level would preclude the carrier from being able to charge a just and reasonable rate within the meaning of the Interstate Commerce Act. A carrier must substantiate the costs incurred by filing the data required by part 346 of this chapter. A carrier that makes such a showing may change the rate in question, based upon the cost of providing the service covered by the rate, without regard to the applicable ceiling level under § 342.3.

(b)Market-based rates. A carrier may attempt to show that it lacks significant market power in the market in which it proposes to charge market-based rates. Until the carrier establishes that it lacks market power, these rates will be subject to the applicable ceiling level under § 342.3.

(c)Settlement rates. A carrier may change a rate without regard to the ceiling level under § 342.3 if the proposed change has been agreed to, in writing, by each person who, on the day of the filing of the proposed rate change, is using the service covered by the rate. A filing pursuant to this section must contain a verified statement by the carrier that the proposed rate change has been agreed to by all current shippers.

[Order 561, 58 FR 58779, Nov. 4, 1993, as amended at 59 FR 59146, Nov. 16, 1994]

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United States Code
U.S. Code: Title 49 - TRANSPORTATION

Title 18 published on 2015-08-22

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 18 CFR Part 342 after this date.

  • 2016-11-02; vol. 81 # 212 - Wednesday, November 2, 2016
    1. 81 FR 76315 - Revisions to Indexing Policies and Page 700 of FERC Form No. 6
      GPO FDSys XML | Text
      DEPARTMENT OF ENERGY, Federal Energy Regulatory Commission
      Advance notice of proposed rulemaking.
      Initial Comments are due December 19, 2016, and Reply Comments are due January 31, 2017.
      18 CFR Parts 342, 343, and 357

Title 18 published on 2015-08-22.

The following are only the Rules published in the Federal Register after the published date of Title 18.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2015-12-31; vol. 80 # 251 - Thursday, December 31, 2015
    1. 80 FR 81744 - Five-Year Review of the Oil Pipeline Index
      GPO FDSys: XML | Text
      DEPARTMENT OF ENERGY, Federal Energy Regulatory Commission
      Order establishing index level.
      December 31, 2015.
      18 CFR Part 342