[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Rules and Regulations]
[Pages 18221-18229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8459]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM99-12-000; Order No. 614]


Designation of Electric Rate Schedule Sheets

Issued March 31, 2000.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
amending its regulations to require prospectively the inclusion of a 
proposed designation for all rate schedule sheets filed with the 
Commission by public utilities. This rule will streamline rate schedule 
sheet designation procedures for the Commission and the electric 
industry. This rule will also conform public utility tariff filing 
procedures with those for interstate natural gas and oil pipelines. 
This revision to the regulations is necessary to accommodate the 
movement toward an integrated energy industry and to facilitate the 
development of common standards for the electronic filing of all 
electric, gas, and oil rate schedule sheets.

EFFECTIVE DATE: This final rule will become effective on June 1, 2000.

FOR FURTHER INFORMATION CONTACT:

H. Keith Pierce (Technical Information), Office of Markets, Tariffs, 
and Rates, Federal Energy Regulatory Commission, 888 First Street, NE, 
Washington, DC 20426, (202) 208-0525
Kathleen E. Nieman (Technical Information), Office of Markets, Tariffs, 
and Rates, Federal Energy Regulatory Commission, 888 First Street, NE, 
Washington, DC 20426, (202) 208-1070
Roger M. Gibian (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street, NE, Washington, 
DC 20426, (202) 219-3108

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Federal Energy Regulatory Commission (Commission) is amending 
its regulations to require prospectively the inclusion of a proposed 
designation \1\ on all rate schedule sheets filed with the Commission 
by public utilities.\2\ This rule will streamline rate schedule sheet 
designation procedures for the Commission and the electric industry.
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    \1\ For purposes here, ``designation'' refers to the practice of 
assigning rate schedule numbers as well as sheet designations, for 
purposes of identification and document tracking.
    \2\ For purposes of this rule, use of the term ``rate schedule'' 
refers to three types of filings: sets of terms and conditions for 
service offered to all who qualify for the service, such as an Open 
Access Transmission Tariff; agreements with specific terms for 
service negotiated between named seller(s) and buyer(s), such as a 
Facilities Agreement or Coordination Agreement; or form agreements 
under which a specific customer takes service under a tariff.
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    This rule will conform the procedures for identifying public 
utility tariff filings with those for interstate natural gas and oil 
pipelines.\3\ This revision to the

[[Page 18222]]

regulations is necessary to accommodate the movement toward an 
integrated energy industry and to facilitate the development of common 
standards for the electronic filing of all electric, gas, and oil rate 
schedule sheets. However, it has not been determined what the common 
standards for electronic filing will be or the format that will be 
followed. For example, it has not been decided whether a page-based or 
non-page-based system would be most effective. These determinations 
will be developed by the Commission as it moves forward with electronic 
filing.
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    \3\ The Commission is adopting the gas program's pagination 
guidelines as the model for the electric program for several 
reasons. The gas guidelines use unique tariff sheet designations 
that, once assigned, cannot be reused. Therefore, the applicants, 
the Commission, and the public will have a common point of reference 
for every rate schedule sheet without the need for further 
identifiers, such as the date of filing or the docket number. 
Further, the gas guidelines provide for the use of standardized 
nomenclature, which conveys important information about the 
applicants' filings (e.g. a proposed change in the tariff pursuant 
to FPA section 205 (``Third Revised Sheet No.'') or a compliance 
filing (Substitute Third Revised Sheet No.'')). The gas guidelines 
also require additional information on each rate schedule sheet to 
further clarify what currently effective sheets will be changed if 
the filing is accepted and the date the applicant proposes for the 
rate schedule sheet to become effective. This information is 
necessary to determine both the utilities' compliance with their 
statutory notice obligation and when the Commission must act under 
the FPA. Because the Commission's experience with the gas guidelines 
has been satisfactory, both in terms of the pipelines' ability to 
conform with the guidelines and the Commission's ability to 
administer the gas program, the Commission proposed to use, and now 
has decided to use, the gas guidelines as the model for the electric 
program.
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II. Background

A. Notice of Proposed Rulemaking

    This proceeding began with the issuance of a Notice of Proposed 
Rulemaking (NOPR) on October 28, 1999.\4\ The NOPR addressed the 
following issues dealing with streamlining rate schedule sheet 
designation procedures for the Commission and the electric industry: 
(1) Requirements for identification and numbering of tariffs to be 
submitted by the filing utilities; and (2) rejection of materials that 
fail to comply with the applicable requirements.
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    \4\ Designation of Electric Rate Schedule Sheets, Notice of 
Proposed Rulemaking, 64 FR 60390 (November 5, 1999), FERC Stats. & 
Regs. para. 32,547 (October 28,1999).
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    Comments were filed by four commenters. Three of the comments were 
generally favorable to the proposed changes. The other comment 
expressed concerns with the proposed changes. The comments will be 
discussed below on an issue-by-issue basis.

B. Notice of Proposed Rulemaking's Origin

    Section 205(c) of the Federal Power Act (FPA) \5\ and section 4(c) 
of the Natural Gas Act (NGA) \6\ provide that the Commission is charged 
with the responsibility to keep schedules showing all rates and 
charges, in such form as the Commission may designate, for any 
jurisdictional transmission or sale of electricity and for any 
jurisdictional transportation or sale of natural gas, respectively. 
Similarly, section 6 of the Interstate Commerce Act (ICA) \7\ requires 
that the rate schedules for oil pipelines be published, filed, and 
posted in the form and manner prescribed by the Commission. Parts 35, 
154, and 341 of the Commission's Rules and Regulations \8\ implement 
these sections of the FPA, NGA, and ICA, respectively.
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    \5\ 16 U.S.C. 824d(c).
    \6\ 15 U.S.C. 717(c).
    \7\ 49 U.S.C. app. 1 (1988).
    \8\ 18 CFR Part 35; 18 CFR Part 154; 18 CFR Part 341.
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    Pursuant to current Commission regulations under Parts 154 and 341, 
gas and oil pipelines are required to include proposed pagination on 
all tariff sheets filed with the Commission; the proposed pagination 
must be unique to the pertinent tariff sheets, i.e., the proposed 
pagination is newly created and has never been used previously. 
Additionally, both Parts 154 and 341 require that the proposed 
pagination convey information as to whether the tariff sheet being 
filed contains changes proposed by the pipeline or is filed in 
compliance with a Commission order. Gas or oil tariff sheets filed 
without pagination or incorrect pagination are deemed incomplete, and 
may be rejected as such.\9\
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    \9\ See 18 CFR 154.5; 18 CFR 341.11.
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    With regard to public utility rate schedules, Part 35 of the 
Commission's regulations provides that every rate schedule filing under 
the FPA ``will be numbered by the Commission and the filing public 
utility advised of the Rate Schedule FERC number.'' \10\ Therefore, 
pursuant to that regulation, the Commission routinely designates each 
rate schedule filed by a public utility and informs the utility of the 
designation.
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    \10\ 18 CFR 35.9.
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III. Discussion

    In this rule, we are revising 18 CFR Part 35. These revisions 
include: (1) Amending Sec. 35.5 to allow the Director of the Office of 
Markets, Tariffs, and Rates (Director) to reject rate filings that fail 
to comply with Part 35; \11\ (2) revising Sec. 35.9 to provide 
instructions on how to identify and number proposed rate schedule 
sheets; and (3) removing and reserving Sec. 35.18.
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    \11\ The proposed revision provided that the Director of the 
Office of Electric Power Regulation (OEPR) would have the power to 
reject these filings. OEPR has since been dissolved and functionally 
replaced by the Office of Markets, Tariffs, and Rates.
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    This rule will streamline tariff sheet \12\ designation procedures 
for the Commission and the electric industry. Under current procedures, 
a significant amount of staff time is required to assign designations 
for public utility tariff sheets. Staff is required to research 
underlying tariff sheets and proceedings to identify the status of the 
superseded tariff sheet (effective without suspension, suspended, or 
effective under suspension) and the nature of the proposed tariff sheet 
(a proposed rate change or a compliance filing) in order to establish 
the proper designation. This information must then be conveyed to the 
utility and the public through issuance of Commission orders.
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    \12\ For the convenience of the reader, unless the context 
otherwise indicates, we will use the term ``tariff sheet'' in the 
remainder of the narrative discussion when referring to public 
utility rate schedules.
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    Under the designation procedures established by this rule, staff 
will only need to confirm the appropriateness of the proposed 
designation. Commission orders, including delegated orders, will not 
have to list tariff sheets individually, because the filings and the 
tariff sheets will be cross-referenced electronically. This will 
simplify the identification of any specific tariff sheet for any 
purpose from the time of filing. Also, the proposed designation 
procedure will allow tariff sheets to be more easily kept up to date, 
with superseded sheets archived for future reference.
    Filing requirements for tariff sheets for the electric, gas, and 
oil industries have evolved independently over time. However, with the 
movement toward an integrated energy industry it now makes sense to 
have a common standard for all tariff sheets filed with the Commission. 
Further, as the Commission increases its use of electronic media for 
filing, storage, retrieval, and tracking of information and documents, 
greater uniformity in filing procedures, wherever practical, will 
greatly expedite and simplify this conversion to electronic media. 
Conforming the requirements for public utilities, interstate natural 
gas pipelines, and oil pipelines will position the Commission and the 
affected industries for a smooth transition to having the tariff sheets 
filed, tracked, and archived electronically. In addition, designing the 
electronic format for these filings will be simplified if all tariff 
sheets are filed uniformly.
    The Commission believes that the transition from the existing 
designation procedure to that embodied by this rule will occur in an 
efficient manner if currently effective and paginated/designated tariff 
sheets remain as filed. However, if a change is proposed in an existing 
tariff or rate schedule, the entire

[[Page 18223]]

tariff or rate schedule must be re-filed according to the new 
system.\13\ In this way, as tariff sheets are replaced over time, the 
old designations will disappear and the new system will be implemented 
in an orderly and efficient manner. Further, changes would be 
prospective only, alleviating any need to retroactively alter, modify, 
or re-file the tariff sheets currently on file.
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    \13\ See 18 CFR 35.2(b) and n.1.
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    ``Tariff, Rate Schedule, and Service Agreement Pagination 
Guidelines'' (Designation Guidelines) have been developed and are 
attached hereto as an appendix. The guidelines offer definitions and 
examples designed to assist interested parties during the period of 
transition. The guidelines also provide the name and telephone number 
of a staff person who can answer questions and provide additional 
guidance.
    Comments are discussed in the following sections.

A. Prospective Designation by Public Utilities of Tariff Sheets

Introduction
    Currently, staff is responsible for assigning designations for 
public utility tariff sheets. In the NOPR, we noted that a significant 
amount of staff time is required to establish the proper designation. 
Accordingly, we proposed to revise our regulations to require that the 
public utilities prospectively include proposed designation for all 
tariff sheets filed with the Commission.
Comments
    Southern Company Services, Inc. (Southern), Wisconsin Public 
Service Corporation (WPSC), and New England Power Company and Montaup 
Electric Company (NEP Companies) all filed comments generally 
supporting the Commission's efforts to standardize the designation of 
electric tariff sheets. Consumers Energy Company (Consumers) commented 
on the proposed requirement that public utilities, prospectively, 
include in their filings a proposed designation for all tariff sheets 
filed with the Commission. Consumers states that it does not support 
utility designation for non-standard contracts and service agreements. 
Consumers suggests that it would be best for staff to continue to 
designate non-standard contracts and service agreements. Consumers 
argues that it is sometimes unclear as to whether the contracts will be 
deemed a new agreement for a new service or a supplement to an existing 
service. Also, Consumers states that, when the contracts are drafted, 
it is not sure which agreements will be executed and when and in which 
order they will be filed. Consumers also questions the usefulness of 
retaining the sheet identifying canceled tariff sheets. Consumers 
argues that, once terminated, canceled tariff sheets will never have a 
future use. Consumers further indicates that, for electric utilities, 
volume identifications are not used.
Commission Conclusion
    The Commission is not persuaded by Consumers' argument that staff 
should continue to assign tariff sheet designations in certain 
circumstances. It is the responsibility of the utilities to clearly 
identify in their filings the nature of the services they are proposing 
and how those services relate to other services, if at all. It is not 
uncommon for there to be ambiguity as to the nature of a contract or 
when a tariff sheet will become effective. These issues, though, are 
separate from the issue of who should designate a tariff sheet. And, as 
an ultimate check, the Commission will review proposed designations to 
confirm their accuracy, and retains the right to require corrections to 
proposed designations that it believes are inaccurate.
    The Designation Guidelines provide, in general, for proposed tariff 
sheets to identify the effective sheets to be superseded, except when 
the successive filings reflect underlying (and still pending) filings, 
in which case the utility should list the underlying but still pending 
sheets as the superseding sheets. (See Appendix, Example No. 1.) On 
joint services, each utility offering a service must file its own 
tariff sheets. This means that jointly offered services most likely 
will have different tariff sheet designations.
    Consumers has a legitimate point concerning volume identification. 
Therefore, the Commission will permit the use of the rate schedule 
number as the identifier in the header of each tariff sheet.
    The Commission is not directing utilities to use reserved tariff 
sheets in the future. Rather, the utilities may, at their option or as 
the needs of other tariff sheets require, use the reserved sheets, 
provided unique designations are applied.
    Finally, Designation Guideline paragraph 11 and Example No. 7 
originally provided that the canceling tariff sheet should be 
designated with the last sheet number of the canceled sheets. Consumers 
notes that this instruction differs from the Gas Guidelines' 
instruction for the first of the canceled sheets, and recommends that 
the Commission adopt the Gas Guidelines for the sake of continuity 
between the gas pipeline and utility programs. The Commission agrees, 
and will do so.

B. Consistency Among Filings

Introduction
    Currently, public utility filing requirements differ from those for 
natural gas and oil pipelines. In the NOPR, we proposed conforming 
public utility filing procedures with those for natural gas and oil 
pipelines. We explained that this revision would be necessary to 
accommodate the movement toward an integrated energy industry and to 
facilitate the development of common standards for the electronic 
filing of all electric, gas, and oil rate schedule sheets.
Comments
    Consumers states that this rule will not make electric, gas 
pipeline, and oil pipeline rate filings more consistent. Consumers 
states that the proposed designation system goes beyond the designation 
system used for gas pipelines.\14\ Consumers recommends that the 
Commission adopt the procedures used for gas pipeline filings and not 
require the filing of electric service agreements.
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    \14\ See 18 CFR 154.1(d).
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Commission Conclusion
    Consumers misconstrues the limits of this rule change. This rule is 
limited to public utility tariff sheet designations. The continued 
convergence of the gas and electric industries and markets, and the 
Commission's ongoing involvement in this convergence, are likely to 
require additional, future modifications to the Commission's procedures 
and regulations. This rule is but one step. As such, public utilities 
will continue to be required to file all service agreements. This is no 
different from what was required of gas pipelines prior to the 
implementation of Order No. 516.\15\
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    \15\ Final Regulations Clarifying the Filing Obligations for 
Part 284 Transportation and Sale of Natural Gas, Order No. 516, 54 
FR 47758 (November 17, 1989), FERC Stats. & Regs., Regulation 
Preambles 1986-1990 para. 30,864 (November 9, 1989). See also 18 CFR 
154.1(d).
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C. Non-Standard Contracts and Service Agreements

Comments
    Consumers questions the need to apply tariff sheet designations to 
non-standard electric service agreements. Consumers argues that because 
gas pipeline companies are not required to paginate non-standard 
contracts, public

[[Page 18224]]

utilities should not be required to do so either. Consumers, in further 
support of this request, claims that, because non-standard service 
agreements are rarely, if ever, changed, the tariff sheet designation 
requirement is unnecessary. If designation is to be required, Consumers 
requests that the issue be deferred and taken up as part of the 
Commission's future efforts to create a standardized electronic tariff 
for public utilities, gas pipelines, and oil pipelines.
Commission Conclusion
    The Commission's intent in this rule is, in part, to improve the 
level of regulatory convergence. While Consumers may be correct in 
stating that most non-conforming contracts and service agreements will 
not change once filed, the Commission will not speculate as to which 
terms of service or rates may be revised. However, the Commission 
recognizes that service agreements constitute a large portion of the 
tariff filings made in the electric program. Therefore, to ease the 
administrative burden on filing utilities, this rule will not require 
the individual pages of service agreements to be paginated. However, 
the Commission will retain the requirement for utilities to designate 
service agreements. If a service agreement is revised or modified, the 
utility must file a complete revised service agreement with a new 
designation comporting with the Guidelines.

D. Delegated Authority to Reject Tariff Filings and Related Issues

Introduction
    Currently, our regulations permit the Secretary to reject any 
material submitted for filing with the Commission that patently fails 
to substantially comply with the applicable requirements.\16\ The NOPR 
proposed a new Sec. 35.5(b), which would permit the Director, pursuant 
to delegated authority, to reject rate filings that fail to comply with 
Part 35 of the Commission's regulations.
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    \16\ 18 CFR 35.5.
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Comments
    Consumers, NEP Companies, WPSC, and Southern express concern that 
the Director may exercise the delegated authority to reject filings 
because of minor errors in the application. Consumers proposes a 
modification to the regulation that would permit the Director to reject 
only ``patently deficient'' filings. WPSC and Southern request that the 
Commission clarify that the Director could reject a tariff sheet, but 
not the rate filing in total. The NEP Companies also suggest a six-to 
twelve-month transition period. All parties filing comments expressed 
concern that rejection due to a minor error would result in delayed 
effective dates for rate changes or new services, thus causing economic 
harm to utilities and customers.
    Consumers also claims that the authority in Sec. 35.5(b) goes 
beyond the Director of the Office of Electric Regulation's existing 
delegated authority in 18 CFR Sec. 375.308(a)(3).\17\ Consumers claims 
that Sec. 375.308(a)(3) does not delegate authority to reject any non-
compliant filing, but only those that patently fail to comply. 
Consumers claims that a simple failure to designate, or a mis-
designation, does not warrant rejection.\18\
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    \17\ The Commission recently reorganized the delegation 
authorities to reflect the creation of the Office of Markets, 
Tariffs, and Rates (OMTR). Section 375.308(a)(3) has been 
redesignated Sec. 375.307(k)(3). The final regulations adopted here 
reflect this change.
    \18\ Consumers notes that the Director of the Office of Pipeline 
Regulation, through delegated authority, frequently informs gas 
pipelines that their electronically-filed tariff sheets failed to 
comply with certain formatting and/or pagination requirements 
without rejecting those filings. However, we note that those letters 
also inform the gas pipelines that, if not corrected, usually within 
one working day, their filing and effective dates may be delayed.
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Commission Conclusion
    New Sec. 35.5(b) references Sec. 375.307(k)(3), and the Director 
may, pursuant to Sec. 375.307(k)(3), reject any rate filing not 
containing a request for waiver if it ``fails patently to comply with 
applicable statutory requirement or Commission rules, regulations and 
orders.'' Accurate designation of tariff sheets is essential; it allows 
the Commission and the public to identify the tariff sheets (and rates) 
the utilities propose to supersede and when they will be superseded, as 
well as the proposed replacement tariff sheets (and rates) and when 
they will go into effect.\19\ It is thus incumbent upon utilities to 
unambiguously identify their proposed changes in a manner conforming to 
the Commission's regulations including properly formatting and 
designating their proposed tariff sheets. The proposed effective dates 
of utilities' proposals, in particular, are usually a function of the 
dates the utilities file and thus within the utilities' control. It is 
not the function of this Commission to speculate on the nature of an 
applicant's filing (for example, what a utility intends as the 
effective date,) nor is it our function to, on our own, perfect a 
utility's application.
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    \19\ The WPSC suggests that the Director be allowed to reject 
only those tariff sheets that are not properly paginated. We are not 
persuaded to limit the circumstances in which filings may be 
rejected only to those not properly paginated. In any event, we note 
that a filing that is incomplete is not properly filed with the 
Commission, and there is nothing for the Commission to act on, 
either directly or by delegation.
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    The Commission anticipates the need, in the beginning, to provide 
assistance to utilities so they may become accustomed to the procedures 
established under the Designation Guidelines. The Commission has 
identified staff that affected utilities may contact to assist in 
initiating this new tariff designation process. Staff will work with 
applicants to facilitate correct filings. However, it remains the 
responsibility of the applicants in the first instance to file complete 
and accurate applications with properly formatted and designated tariff 
sheets.
    Moreover, determinations as to whether tariff sheets are properly 
formatted and designated are matters properly delegated to the 
Director. Utilities may, of course, request rehearing of Director 
actions with which they disagree.\20\
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    \20\ See 18 CFR 385.713.
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    Finally, the Commission will not establish a definitive transition 
period. Instead, as when the Commission introduced new pagination 
guidelines for the gas program, the Commission will rely on the 
Director to manage the transition.

E. Issuance Date and Issuing Office

Introduction
    Section 35.9(b)(3) requires tariff sheets to include the issuing 
officer and the issuance date.
Comments
    Consumers requests clarification as to whom the officer should be 
and what the issuance date should be. Consumers claims that it is not 
possible to know what the issuance date will be when contracts are 
negotiated. Consumers also states that negotiating and executing a non-
standard contract often takes a significant amount of time and that 
contracts often provide for an effective date at a date certain after 
Commission approval. As such, Consumers continues, it is often 
impossible to include a specific effective date when a non-standard 
contract is prepared.
Commission Conclusion
    The Commission clarifies that: (1) The issuing officer is the 
person responsible for filing the tariff sheet with the Commission; and 
(2) the issuance date is the date the tariff sheet is filed with

[[Page 18225]]

the Commission. Consumers appears to equate tariff sheets with actual 
contract pages. While a utility may choose to equate a tariff sheet 
with a contract page, the Commission's regulations do not prescribe 
such an interrelationship.
    It is the utilities' responsibility to propose an effective date 
when they file tariff sheets with the Commission.\21\ This rulemaking 
does nothing to change this pre-existing requirement.
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    \21\ Section 205(d) of the FPA (16 U.S.C. 824d(d)) provides 
that, unless the Commission otherwise provides, no change shall be 
made to a tariff except after 60 days' notice given by a filing by 
the utility, and that the filing must plainly state the changes 
being made and the time when the changes will go into effect.
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F. Mechanics of the Transition to the New Designation System

Comments
    Consumers requests clarification of certain issues related to the 
mechanics of the transition to the new designation system. It asks 
whether designation should start over at ``Original Sheet No.'' when 
the superseded sheet already has a number. Consumers also requests 
clarification as to the effective date of tariff sheets that are filed 
with no changes except those necessary to comply with the designation 
rule. Consumers further notes that the requirement for additional data 
on each tariff sheet may result in tariff language rolling over to 
subsequent tariff sheets that differ from the pre-existing tariffs 
sheets.
Commission Conclusion
    The Commission has traditionally allowed gas pipelines that are not 
replacing an entire volume to simply pick a designation number higher 
than the most recently filed effective tariff sheet. Thus, for example, 
a utility may decide to redesignate all tariff sheets in its first rate 
change as ``7th Revised Sheet No. ____,'' provided all existing tariff 
sheets are designated at some figure less than seven.
    The effective date for the newly designated sheets will be the 
effective date for the changes contained on those sheets. Superseded 
sheets will be effective from the effective date allowed by the 
Commission up to the date they are superseded.
    Rolling of text from one sheet to another is acceptable. Staff can 
provide additional suggestions based on the gas program's experience in 
order to facilitate ease in re-designation.\22\
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    \22\ Consumers also raises questions and issues related to 
filing tariff sheets electronically. As the Commission has not yet 
initiated any proceeding addressing electronic filing, it is 
premature to address these issues at this time.
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G. Effective Date

Comments
    Consumers requests that the Commission delay the effective date of 
the designation rule for at least 90 days, or until it is clearer how 
electronic filing will be accomplished. Consumers states that 
considerable effort is required to assemble a rate filing and it will 
take significant time and effort to convert existing and lengthy 
tariffs over to the new designation system. Further, this conversion 
effort cannot start until the final rule is known.
Commission Conclusion
    The Commission will make the effective date of this rule June 1, 
2000. Consumers seems to believe that this rule will require the 
refiling of its entire tariff. That will not be required. While it is 
the Commission's intent to eventually update utilities' tariffs, this 
rule will require only incremental adjustments. As changes are made to 
a portion of a tariff or rate schedule (including service agreements), 
the Commission will require the redesignation of only that individual 
tariff or rate schedule (including service agreements).\23\ Because the 
Commission is not requiring utilities to refile their entire tariffs, 
and because the Commission has attempted to reduce the problems 
associated with this transition, we do not believe it is necessary to 
afford additional time, beyond June 1, 2000, to adapt to the new 
designation procedures.
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    \23\ See 18 CFR 35.2(b) and n.1.
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    The Commission has not established a standardized electronic tariff 
format for the electric, gas, and oil programs. Therefore, delaying the 
effective date of this final rule to coincide with the outcome of a 
future proceeding addressing this subject would be the equivalent of 
terminating this proceeding. The NOPR identified several reasons for 
implementing the designation requirements: streamlining the designation 
process; convergence of the gas and electric industries; facilitating 
case tracking and research as to the status of tariff sheets; preparing 
utilities for the eventual transition to electronic tariff filing; and 
reducing the amount of staff time necessary to process utility rate 
filings. These reasons provide adequate justification to implement this 
new rule, effective May 1, 2000.
    Self-designation of tariff sheets also permits quicker and more 
certain Commission action on certain types of filings. The Commission 
is permitting certain gas and oil tariff sheets to go into effect by 
operation of law. If, upon staff review, a filing is complete, complies 
with all applicable statutory, regulatory, and policy requirements, is 
not protested by any party, requires no additional Commission action, 
and raises no other issues, these tariff sheets can go into effect 
without suspension or refund obligation and without an order from the 
Commission. Designation of utility tariff sheets will permit the same 
process to apply to the electric program.

IV. Information Collection Statement

    The following collection of information contained in this rule is 
being submitted to the Office of Management and Budget (OMB) for review 
under section 3507(d) of the Paperwork Reduction Act of 1995.\24\ FERC 
identifies the information provided under Part 35 as FERC-516. The 
additional reporting burden to implement this proposed rule is as 
follows:
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    \24\ 44 U.S.C. 3507(d).

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                                                 Number of        Number of         Hrs. per       Total annual
               Data collection                  respondents       responses         response          hours
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FERC-516....................................             858             3.42             2.83            8,320
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    Total Additional Annual Hours for Collection (Reporting + 
Recordkeeping, if appropriate) = 8,320.
    The total annual reporting burden for FERC-516 under the current 
regulations is 536,800 hours. Currently, the Commission devotes 
approximately 8,320 hours per year to assign tariff designations to an 
estimated 2,934 filings per year. The proposed change will require the 
utilities to perform the designation duties currently performed by 
Commission staff. There will, therefore, be an increase in reporting 
burden from 536,800 hours to 545,120 hours as utilities adopt the 
proposed designation system for changes proposed in existing tariffs or 
rate

[[Page 18226]]

schedules and/or if an entire tariff or rate schedule must be re-
filed.\25\
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    \25\ The proposed change may have even less impact on utilities, 
as the Commission assumes utilities currently maintain an informal 
recordkeeping system for proposed tariff sheets pending a final 
designation from the Commission. This informal system will no longer 
be necessary to maintain, as tariff sheet designations will be 
assigned by the utilities prior to filing the tariff sheets.
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    Information Collection Costs: The Commission has projected the 
average annualized cost for all respondents to be:

Annualized Capital/Startup Costs $205,424 (tariff designations)
Annualized Costs (Operations & Maintenance): $28,359,815 (tariff + rate 
schedule filings)
Total Annualized Costs: $28,565,239 (tariff designations + rate 
schedule filings)

    The OMB regulations require OMB to approve certain information 
collection requirements imposed by agency rule. \26\ Accordingly, 
pursuant to OMB regulations the Commission has provided notice of this 
information collection to OMB.
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    \26\ 5 CFR 1320.11
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    Title: FERC-516, Electric Rate Schedule Filings.
    Action: Data Collection.
    OMB Control No.: 1902-0096. The respondent shall not be penalized 
for failure to respond to this collection of information unless the 
collection of information displays a valid OMB control number.
    Respondents: Business or other for profit, including small 
businesses.
    Frequency of Responses: On Occasion.
    Necessity of Information: The proposed rule revises the 
requirements contained in 18 CFR Part 35.
    Internal Review: The Commission has assured itself, by means of its 
internal review, that there is specific, objective support for the 
burden estimates associated with the information requirements. Section 
205 of the Federal Power Act (FPA) (16 USC 824d) requires that rates, 
terms, and conditions for jurisdictional service be filed with the 
Commission. In addition, the Commission uses the information provided 
to make determinations under sections 205 and 206 of the FPA (16 USC 
824d-e) as to whether rates, terms and conditions of jurisdictional 
service are unjust, unreasonable, or unduly discriminatory or 
preferential and to prescribe just and reasonable rates, terms and 
conditions. Failure to issue these requirements would mean the 
Commission is not meeting its statutory obligations under Sections 205 
and 206 of the FPA. These requirements also conform to the Commission's 
plan for the efficient collection, communication, and management of 
information for the electric industry.
    Interested persons may obtain information on the reporting 
requirements by contacting the following: Federal Energy Regulatory 
Commission, 888 First Street, NE, Washington, DC 20426, [Attention: 
Michael Miller, Office of the Chief Information Officer, Phone: (202) 
208-1415, fax: (202) 208-2425, email: [email protected]].
    For submitting comments concerning the collection of information 
and the associated burden estimate, please send your comments to the 
contact listed above and to the Office of Management and Budget, Office 
of Information and Regulatory Affairs, Washington, DC 20503. 
[Attention: Desk Officer for the Federal Energy Regulatory Commission, 
phone: (202) 395-3087, fax: (202) 395-7285.

V. Environmental Statement

    Issuance of this Final Rule does not represent a major federal 
action having a significant adverse effect on the human environment 
under the Commission's regulations implementing the National 
Environmental Policy Act. \27\ 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. The Commission has categorically excluded certain actions 
from these requirements as not having a significant effect on the human 
environment. The actions proposed to be taken here fall within 
categorical exclusions found in 18 CFR Sec. 380.4(a)(1) and (15).
---------------------------------------------------------------------------

    \27\ See Order No. 486, 52 FR 47897 (December 17, 1987), FERC 
Stats. & Regs. Regulations Preambles 1986-1990 para. 30,783 
(December 10, 1987).
---------------------------------------------------------------------------

VI. Regulatory Flexibility Act Certification

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) requires 
rulemakings to contain either a description and analysis of the effect 
that a rule will have on small entities or a certification that a rule 
will not have a significant economic effect on a substantial number of 
small entities. Most filing entities do not fall within the RFA's 
definition of a small entity. \28\ Therefore, the Commission certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities. Therefore, no regulatory 
flexibility analysis is required.
---------------------------------------------------------------------------

    \28\ See 5 U.S.C. 601(3).
---------------------------------------------------------------------------

VII. Document Availability

    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.fed.us) 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, 
DC 20426.
    From FERC's Home Page on the Internet, this information is 
available in both the Commission Issuance Posting System (CIPS) and the 
Records and Information Management System (RIMS).
--CIPS provides access to the texts of formal documents issued by the 
Commission since November 14, 1994.
--CIPS can be accessed using the CIPS link or the Energy Information 
Online icon. The full text of this document is available on CIPS in 
ASCII and WordPerfect 8.0 format for viewing, printing, and/or 
downloading.
--RIMS contains images of documents submitted to and issued by the 
Commission after November 16, 1981. Documents from November 1995 to the 
present can be viewed and printed from FERC's Home Page using the RIMS 
link or the Energy Information Online icon. Descriptions of documents 
back to November 16, 1981, are also available from RIMS-on-the-Web; 
requests for copies of these and other older documents should be 
submitted to the Public Reference Room.

    User assistance is available for RIMS, CIPS, and the Website during 
normal business hours from our Help line at (202) 208-2222 (E-Mail to 
[email protected]) or the Public Reference at (202) 208-1371 (E-
Mail to public.referenceroom@ ferc.fed.us).
    During normal business hours, documents can also be viewed and/or 
printed in FERC's Public Reference Room, where RIMS, CIPS, and the FERC 
Website are available. User assistance is also available.

VIII. Effective Date and Congressional Notification

    This Final Rule will take effect on June 1, 2000. The Commission 
has determined, with the concurrence of the Administrator of the Office 
of Information and Regulatory Affairs of the Office of Management and 
Budget, that this rule is not a ``major rule''

[[Page 18227]]

within the meaning of section 251 of the Small Business Regulatory 
Enforcement Fairness Act of 1996.\29\ The Commission will submit the 
Final Rule to both houses of Congress and the General Accounting 
Office.\30\
---------------------------------------------------------------------------

    \29\ 5 U.S.C. 804(2).
    \30\ 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

List of Subjects in 18 CFR Part 35

    Electric power rates, Electric utilities, Electricity, Reporting 
and recordkeeping requirements.

    By the Commission.
Linwood A. Watson, Jr.,
Acting Secretary.

    In consideration of the foregoing, the Commission amends Part 35, 
Chapter I, Title 18, Code of Federal Regulations, as follows:

PART 35--FILING OF RATE SCHEDULES

    1. The authority citation for Part 35 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352.

    2. Section 35.5 is amended by designating the existing text as 
paragraph (a) and by adding a paragraph (b) to read as follows:


Sec. 35.5  Rejection of material submitted for filing.

* * * * *
    (b) A rate filing that fails to comply with this Part may be 
rejected by the Director of the Office of Markets, Tariffs, and Rates 
pursuant to the authority delegated to the Director in 
Sec. 375.307(k)(3) of this chapter.

    3. Section 35.9 is revised to read as follows:


Sec. 35.9  Identification and numbering of tariffs and rate schedules 
(including service agreements).

    (a) All tariffs and rate schedules (including service agreements) 
must be numbered sequentially from the beginning of that tariff or rate 
schedule (or service agreement). Revised service agreements must be 
replaced in their entirety.
    (b) All tariffs and rate schedules (not including service 
agreements, except as noted in paragraphs (b)(4) and (5) of this 
section) must have the following information placed in the margins of 
each sheet:
    (1) Identification. At the top left of each page, the exact name of 
the company must be shown, under which must be set forth the words 
``FERC Electric Tariff'' or ``Rate Schedule FERC No. ____'' together 
with volume identification, as appropriate.
    (2) Numbering of sheets. Except for the title page, at the top 
right, the sheet number must appear as ``(Original or Revised) Sheet 
No. (number).'' All sheets must be numbered in the manner set forth in 
the Tariff, Rate Schedule and Service Agreement Pagination Guidelines, 
as modified from time to time.
    (3) Issuing officer and issue date. On the lower left must be 
placed ``Issued by:'' followed by the name and title of the person 
authorized to issue the sheet. Immediately below must be placed 
``Issued on'' followed by the date of issue.
    (4) Effective date. On the lower right must be placed 
``Effective:'' followed by the specific effective date proposed by the 
company. Service agreements must include this data on the same sheet 
containing the service agreement designation.
    (5) Filings made to comply with Commission orders. Tariffs and rate 
schedules (including service agreements) filed to comply with 
Commission orders must carry the following notation in the bottom 
margin: ``Filed to comply with order of the Federal Energy Regulatory 
Commission, Docket No. (number), issued (date), (FERC Reports 
citation).'' Service agreements must include this data on the same 
sheet containing the service agreement designation.


Sec. 35.18  [Removed and reserved]

    4. Section 35.18 is removed and reserved.

[Note: This Appendix will not appear in the Code of Federal 
Regulations.]

Appendix

Tariff, Rate Schedule, and Service Agreement Pagination Guidelines

    Due to the complexity of tariff filing situations, the 
Commission Staff provides the following guidelines. If you have 
questions or need assistance, please call Kathleen E. Nieman at 
(202) 208-1070, or such other persons as may be identified from time 
to time.
    (1) Original Sheets. Paginate as ``Original Sheet No. ____'' (a) 
all pages in initial filings, (b) added sheets, and (c) all sheets 
in a revised tariff volume. Guideline (11) gives an exception for 
reserved sheets.
    (2) Substitute Sheets. Paginate a sheet as ``Substitute'' if it 
is filed to replace a sheet filed in the same proceeding (e.g., as a 
result of a hearing order, or of a correction to a tariff sheet 
filed prior to the issuance of an order, or of a compliance filing) 
with the same effective date. If a substitute sheet needs to be 
replaced, paginate the new sheet as ``Second Substitute'', and so 
on. (See Example No. 1.)
    (3) Revised Sheets. Paginate a sheet as ``Revised'' if it is (a) 
replacing a sheet filed in a different proceeding or (b) replacing a 
sheet filed in the same proceeding but given a new proposed 
effective date. Each subsequent ``Revised'' pagination should be 
numbered sequentially, i.e., First Revised, Second Revised, Third 
Revised, etc. (See Examples Nos. 1 and 2.)
    (4) Superseded Sheets. Each designation must refer to the 
designation of the sheet being superseded, if any. The superseded 
sheet is the sheet being replaced by a revised sheet. (There is an 
exception to this guideline for retroactive filings--see Guideline 
(9).) Never designate a rejected or suspended sheet as the 
superseded sheet. However, if a sheet designated as superseded is 
subsequently rejected, it is not necessary to re-file solely to 
correct the superseded sheet designation. (See Example No. 1.)
    (5) Rejected Sheets. Do not reuse the pagination of a rejected 
sheet. Paginate a sheet ``Substitute'' if it is filed to replace a 
rejected sheet in the same proceeding, but do not refer to a 
rejected sheet as the superseded sheet in the designation. (See 
Guidelines (3) and (4).)
    (6) Alternate Sheets. When filing two versions of a proposed 
tariff sheet, paginate the sheet `` ____ Revised Sheet No. ____'' 
and ``Alternate ____ Revised Sheet No. ____''. Paginate a 
replacement alternate sheet ``Sub Alternate ____''.
    (7) Inserted Sheets. Paginate sheets inserted between two 
consecutively numbered sheets using an uppercase letter following 
the first sheet number (e.g., sheets inserted between sheets 8 and 9 
would be 8A, 8B, etc.). For sheets inserted between two 
consecutively lettered sheets, add a ``.'' followed by a two digit 
number (e.g., sheets inserted between sheets 8A and 8B would be 
8A.01 through 8A.99). For further insertions, add a lowercase letter 
(e.g., between sheets 8A.01 and 8A.02 would be 8A.01a, 8A.01b, 
etc.).
    (8) ``Squeezed'' Sheets. When a sheet needs to be made effective 
between two sequentially paginated sheets already on file (all in 
different proceedings), paginate the new sheet by adding a ``1st 
Rev'' designation to the older sheet's pagination. Commonly, this 
situation occurs when a sheet is suspended for five months and 
subsequent sheets need to be made effective prior to when the 
suspended sheet becomes effective. (See Example No. 3.)
    (9) ``Retroactive'' Sheets. When filing a ``retroactive'' sheet 
change back to a certain date, all sheets in effect from that date 
forward need to be changed. The first sheet should be paginated 
either as ``Substitute'' (see Guideline (3) above) or ``1st Rev'' 
(see Guideline (8) above) depending on whether the retroactive 
filing is in the same or different docket as the sheet being 
replaced. For simplicity, the rest of the sheets should be paginated 
as a ``Substitute'' of each effective sheet already on file. Follow 
Guideline (4) in designating the superseded sheet for the first new 
sheet. However, the rest of the sheets should supersede each other 
in order, even though they are all filed in the same docket. In this 
way the superseded designation will reflect the latest sheet in 
effect on each given date. (See Examples Nos. 4 and 5.)
    (10) Canceled Sheets. When canceling individual sheets, but 
retaining the tariff or

[[Page 18228]]

rate schedule, designate a blank sheet as a revised sheet 
superseding the prior sheets.
    (11) Canceled Tariff or Rate Schedule. When canceling an entire 
tariff or rate schedule, file one sheet paginated as the first sheet 
of the tariff volume or Rate Schedule and refer to the tariff volume 
or Rate Schedule as canceled. (See Example No. 7.)
    (12) Sheets Reserved For Future Use. When reserving a number of 
sheets for future use, file one sheet paginated ``Sheet Nos. A--Z'', 
where ``A'' and ``Z'' refer to the first and last reserved sheet 
numbers. In the body of the sheet state ``Reserved for Future Use.'' 
(See Example No. 8.)
    (13) Rate Schedule and Service Agreement Designations. Rate 
schedule and service agreement designation should follow the above 
principles and terminology. For example, if a change is made to 
Service Agreement No. 50, the designation should be 1st Revised 
Service Agreement No. 50.
    (14) Abbreviations. Abbreviate from left to right using the 
Abbreviation Conventions List at the end of this document. 
Abbreviate only as needed. (See Example No. 6.) The following 
examples reflect the types of changes and corresponding designations 
that may be made over the life of a given tariff or rate schedule 
(all docket numbers and dates are hypothetical, and are not intended 
to refer to actual proceedings):

    Example No. 1: Revised and Substitute Sheets. ``Original Sheet 
No. 4'' is filed in Docket No. ER99-44-000 to be effective January 
1, 1999. Subsequently, a sheet filed in Docket No. ER99-123-000 is 
to be effective February 1, 1999. Paginate the latter sheet as 
``First Revised Sheet No. 4 superseding Original Sheet No. 4''. If a 
mistake is discovered and a corrected sheet needs to be filed in 
Docket No. ER99-123-001, \1\ paginate that sheet ``Substitute First 
Revised Sheet No. 4 superseding Original Sheet No. 4'' . Note the 
superseded sheet is from the prior proceeding.
---------------------------------------------------------------------------

    \1\ The Commission is issuing a notice contemporaneous with this 
Final Rule informing the public of its intent to change its 
assignment of docket numbers to electric filings to a method similar 
to that used for the gas and oil programs, effective June 1, 2000.

----------------------------------------------------------------------------------------------------------------
              Docket                   Filed      Effective         Pagination             Superseded sheet
----------------------------------------------------------------------------------------------------------------
ER99-44-000.......................     11/30/98       1/1/99  Original.............
ER99-123-000......................     12/31/98       2/1/99  First Revised........  Original.
ER99-123-001......................      2/15/99       2/1/99  Sub First Revised....  Original.
----------------------------------------------------------------------------------------------------------------

    If the utility proposes two separate changes to be effective the 
same date, and the second filing reflects the first filing's 
proposed changes, then it is appropriate to show the first filing's 
pagination as superseded.

----------------------------------------------------------------------------------------------------------------
              Docket                   Filed      Effective         Pagination             Superseded sheet
----------------------------------------------------------------------------------------------------------------
ER99-44-000.......................     11/30/98       1/1/99  Original.............
ER99-123-000......................     12/31/98       2/1/99  First Revised........  Original
ER99-124-000......................      2/15/99       2/1/99  Second Revised.......  First Revised
----------------------------------------------------------------------------------------------------------------


    Example No. 2: Sheets Effective on the Same Date. ``Second 
Revised Sheet No. 4'' is filed in Docket No. ER99-200-000 to be 
effective April 1, 1999. Subsequently, a sheet is filed in Docket 
No. ER99-504-000 to be effective on the same date. Paginate that 
sheet with the next revision number, ``Third Revised Sheet No. 4'' 
even though it is to be effective on the same date.

----------------------------------------------------------------------------------------------------------------
              Docket                   Filed      Effective         Pagination             Superseded sheet
----------------------------------------------------------------------------------------------------------------
ER99-200-000......................      2/28/99       4/1/99  Second Revised.......  Sub First Rev.
ER99-504-000......................      3/31/99       4/1/99  Third Revised........  Second Rev.
----------------------------------------------------------------------------------------------------------------

    Example No. 3: Squeezed Sheets. ``Fourth Revised Sheet No. 4'' 
is filed July 31, 1999, in Docket No. ER99-601-000 to be effective 
September 1, 1999. An order suspends this sheet until February 1, 
2000. Subsequently, two filings are made to be effective prior to 
February 1, 2000. Paginate these sheets as ``1st Rev Third Revised 
Sheet No. 4'' and ``2nd Rev Third Revised Sheet No. 4''. The utility 
will be required, if necessary, to file revised tariff sheets to 
update the suspended tariff sheets to include any changes to the 
tariff sheets that have been accepted by the Commission between the 
date of the suspension and the effective date of the suspended 
rates. When filing to update the revised tariff sheets, paginate the 
revised tariff sheet as ``Sub Fourth Revised Sheet No. 4''. Note: 
using the alpha-numeric ``1st, 2nd, etc.'' for the additional 
revision number assists in keeping the pagination clear.

----------------------------------------------------------------------------------------------------------------
              Docket                  Filed      Effective        Pagination             Superseded sheet
----------------------------------------------------------------------------------------------------------------
ER99-601-000.....................      7/31/99       2/1/00  Fourth Revised.....  Third Revised.
ER99-761-000.....................      8/31/99      10/1/99  1st Rev Third Rev..  Third Revised.
ER00-822-000.....................     10/31/99      11/1/99  2nd Rev Third Rev..  1st Rev Third Rev.
ER99-601-001.....................      1/31/00       2/1/00  Sub Fourth Revised.  2nd Rev Third Rev.
----------------------------------------------------------------------------------------------------------------


    Example No. 4: Retroactive Sheets. The sheet paginated in 
Example No. 1, ``Sub First Revised Sheet No. 4'' filed in Docket No. 
ER99-123-001 is in effect February 1, 1999, subject to the 
resolution of issues. A year later, settlement is reached resulting 
in a restatement of base rates back to that date. The revised sheets 
filed under Docket No. ER99-123-002 (using prior examples):

----------------------------------------------------------------------------------------------------------------
             Docket                 Filed      Effective       Pagination               Superseded sheet
----------------------------------------------------------------------------------------------------------------
ER99-123-002...................      2/15/00       2/1/99  2nd Sub First       Original.
                                                            Revised.
                                                   4/1/99  Sub Second Revised  2nd Sub First Rev.
                                                   4/1/99  Sub Third Revised.  Sub Second Rev.
                                                  10/1/99  Sub 1st Rev Third   Sub Third Rev.
                                                            Rev.
                                                  11/1/99  Sub 2nd Rev Third   Sub 1st Rev Third Rev.
                                                            Rev.

[[Page 18229]]

 
                                                   2/1/00  2nd Sub Fourth Rev  Sub 2nd Rev Third Rev.
----------------------------------------------------------------------------------------------------------------


    Example No. 5: Retroactive Sheets. Continuing from Example 4, a 
subsequent tracker filing retroactive to November 1, 1999:

----------------------------------------------------------------------------------------------------------------
             Docket                 Filed      Effective       Pagination               Superseded sheet
----------------------------------------------------------------------------------------------------------------
ER00-77-000....................      4/30/00      11/1/99  3rd Rev Third Rev.  Sub 2nd Rev Third Rev.
                                      2/1/00  ...........  3rd Sub Fourth Rev  3rd Rev Third Rev.
----------------------------------------------------------------------------------------------------------------


    Example No. 6: Abbreviations. Abbreviate ``Fourth Revised 
Twenty-Third Revised Sheet No. 4'' as ``4th Rev Twenty-Third Revised 
Sheet No. 4''.

    Example No. 7: Canceled Rate Schedules and Tariffs. To cancel 
Rate Schedule FERC No. 26, which consists of Original Sheet Nos. 1-
39, file First Revised Sheet No. 1.
    Company Name; Rate Schedule FERC No. 26.
    First Revised Sheet No. 1.
    Cancels FERC Electric Rate Schedule No. 26.
    Notice of Cancellation

    Example No. 8: Reserved Sheets. Your general terms and 
conditions end on page 75 and you want to reserve sheets 76 through 
99 for future use:
    Company Name; FERC Electric Tariff, Original Volume No. 2.
    Sheet Nos. 76 through 99.
    Sheet Nos. 76 through 99 are reserved for future use.

Abbreviation Conventions List

    Substitute: Sub
    Alternate: Alt
    Revised: Rev
    First, Second, etc.: 1st, 2nd, etc.
    Sheet No.: (omit these words)

SAMPLE PAGE

    Day and Light Power Company, FERC Electric Tariff, Original 
Volume No. 1.
    Original Sheet No. 4
    Issued by: Harriet Officer, Rates Manager.
    Effective: July 1, 2000.
    Issued on: June 10, 2000.
    Filed to comply with order of the Federal Energy Regulatory 
Commission, Docket No. ER99-5374-000, issued October 27, 1999, 90 
FERC para. 61,010 (1999).

[FR Doc. 00-8459 Filed 4-6-00; 8:45 am]
BILLING CODE 6717-01-P