[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Proposed Rules]
[Pages 23137-23154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9297]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 35, 131, 154, 157, 250, 281, 284, 300, 341, 344, 346, 
347, 348, 375 and 385

[Docket No. RM01-5-000]


Electronic Tariff Filings

Issued April 17, 2008.
AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Supplemental Notice of Proposed Rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission is proposing to 
revise its previous Notice of Proposed Rulemaking for electronic tariff 
filing. The revised proposal would require that all tariffs and tariff 
revisions and rate change applications for the public utility, natural 
gas pipeline, and oil pipeline industries be filed electronically 
according to a set of standards developed in conjunction with the North 
American Energy Standards Board. These standards will enable the 
Commission to develop a tariff database for use by the Commission 
staff, the industry, and the public to view and research tariffs, and 
also provides companies the flexibility to design or purchase software 
for making tariff filings that best fits their business needs. Upon the 
effective date of a final rule in this proceeding, the Commission will 
no longer accept tariff filings submitted in paper format.

DATES: Comments are due May 29, 2008.

ADDRESSES: You may submit comments, identified by docket number, by any 
of the following methods:
     Agency Web Site: http://ferc.gov. Documents created 
electronically using word processing software should be filed in native 
applications or print-to-PDF format and not in a scanned format.
     Mail/Hand Delivery: Commenters unable to file comments 
electronically must mail or hand deliver an original and 14 copies of 
their comments to: Federal Energy Regulatory Commission, Secretary of 
the Commission, 888 First Street, NE., Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Comment 
Procedures Section of this document.

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) 502-8525, [email protected].

Anthony Barracchini (IT Information), Office of the Executive Director, 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, (202) 502-8940, [email protected].
Andre Goodson (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, (202) 502-8560, [email protected].

SUPPLEMENTARY INFORMATION: 

Supplemental Notice of Proposed Rulemaking

Table of Contents

[[Page 23138]]



 
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                                                               Paragraph
                                                                 Nos.
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I. Background...............................................           2
II. Discussion..............................................           7
    A. Companies Required to File Tariffs Electronically....          13
    B. Filing Process.......................................          14
        1. Procedures for Making Tariff Filings.............          14
        2. XML Schema.......................................          20
    C. Tariff Filing Requirements...........................          22
        1. Sheets or Section Filing Requirements............          24
        2. Gas and Electric Open Access Transmission Tariffs          27
        3. Versioning.......................................          31
        4. Clean and Marked Tariff Changes as Attachments...          36
        5. Joint, Shared, and Section 206 Filings...........          39
            a. Joint Tariff Filings.........................          40
            b. Shared Tariffs...............................          44
            c. Section 206 Filings Related to ISOs/RTOs.....          49
    D. Other Business Practice Changes......................          52
        1. Electronic Service...............................          52
        2. Attachment Documents.............................          53
        3. Withdrawal of Pending Tariff Filings and                   54
         Amendments to Tariff Filings.......................
        4. Motions..........................................          56
        5. Rate Sheets for Tariff Filings by Intrastate and           57
         Hinshaw Pipelines..................................
    E. Transition Procedures................................          59
        1. Baseline Tariff Filings..........................          59
        2. Testing, Implementation and Further Procedures...          64
III. Information Collection Statement.......................          67
IV. Environmental Analysis..................................          72
V. Regulatory Flexibility Act Certification.................          73
VI. Comment Procedures......................................          74
VII. Document Availability..................................          78
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    1. In a Notice of Proposed Rulemaking (NOPR) issued on July 8, 
2004, the Commission proposed to require public utilities and gas and 
oil pipelines to file tariff and tariff related material 
electronically.\1\ The Commission's initial proposal contemplated that 
tariff filings would be made using electronic tariff filing software 
developed by the Commission. Based on the comments on the initial 
proposal, the Commission staff in collaboration with the wholesale 
electric and gas quadrants of the North American Energy Standards Board 
(NAESB), and representatives from the Association of Oil Pipelines 
(AOPL) have developed a set of standards to be used by companies in 
making tariff and tariff related filings at the Commission. The 
Commission is proposing to adopt those standards as the requirement for 
making tariff and tariff related filings. As a result of the adoption 
of these standards, and additional considerations raised in the 
comments at NAESB, the Commission is proposing several revisions to the 
manner in which companies will make tariff and tariff related filings.
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    \1\ Electronic Tariff Filings, Notice of Proposed Rulemaking, 69 
FR 43,929 (July 23, 2004) FERC Stats. & Regs., Proposed Regulations 
] 32,575 (2004) (2004 NOPR), Notice of Additional Proposals and 
Procedures, 70 FR 40941 (July 15, 2005), FERC Stats. & Regs., 
Proposed Regulations ] 35,551 (2005), 112 FERC ] 61,043 (2005 
Notice).
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I. Background

    2. In the 2004 NOPR, the Commission proposed to require public 
utilities, power administrations, interstate and intrastate gas 
pipelines, and oil pipelines to file tariff and tariff related material 
electronically. The Commission proposed to develop an electronic tariff 
database to store tariff and tariff related information for retrieval 
by Commission staff and the public. In order to implement a tariff 
database system that would permit such functionality, Commission staff 
developed a software system for tariff filings similar to that used in 
filing forms with the Commission. Commission staff worked with many 
industry representatives and experts to test this software and held 
public meetings to demonstrate and receive comment on the software. 
Based on these efforts, the Commission, in the 2005 Notice, proposed 
two changes to the 2004 NOPR intended to ease utilities' burdens in 
complying and to expand the efficiency of the electronic filing 
process.
    3. Comments were filed on the proposed changes to the regulations 
and the software.\2\ While some of the commenters supported using the 
Commission-provided software as an acceptable solution, others were 
concerned that this software might not work well for making tariff 
filings. Some also were concerned that the Commission software would 
not integrate well with their existing tariff management systems and 
that formatting tariffs to fit the parameters of the software could be 
difficult or time consuming.
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    \2\ Comments on the proposed changes and the software were due 
August 1, 2005 and May 31, 2006, respectively.
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    4. As a result of the review of the comments, on February 1, 2007, 
a public meeting was held with NAESB to discuss NAESB's assistance in 
the process of developing the protocols, standards, and data formats 
needed to provide tariff and related data to enable the Commission to 
develop a database to track electronic tariff and rate schedules 
filings. At the meeting, NAESB agreed to develop these standards and 
report back to the Commission.
    5. NAESB established two committees, a business eTariff 
Subcommittee and an eTariff Technical Task Force. These committees 
included representatives from the wholesale natural gas industry, 
wholesale electric

[[Page 23139]]

industry, oil pipelines, and intrastate natural gas pipelines who 
worked along with Commission staff to develop the applicable standards. 
Between February 1, 2007 and January 23, 2008, these committees held a 
total of 16 meetings in various cities over 24 days. An average of 61 
people participated in these meetings either in person or by electronic 
conferencing. The Executive Committees for both the Wholesale Gas and 
Wholesale Electric Quadrants of NAESB approved the standards on March 
4, 2008, and the NAESB membership ratified the standards on April 4, 
2008.
    6. On April 15, 2008, NAESB filed the standards with the Commission 
along with a record of the NAESB proceedings. This material included 
questions about the policies to be followed in using the standards to 
make tariff filings. NAESB also provided a copyright waiver stating: 
``While the eTariff standards are copyrighted by NAESB, a limited 
waiver is granted to the FERC to modify and post any excerpts of the 
eTariff standards and eTariff work products that they deem appropriate. 
These excerpts will be available for companies to reproduce only for 
their own internal use.''

II. Discussion

    7. We want to thank NAESB, and its Board of Directors, for taking 
on this somewhat out of the ordinary project of working with the 
Commission staff to develop standards for tariff filings with the 
Commission. We particularly want to thank the numerous volunteers, and 
the companies who sponsored them, from the gas, electric, and oil 
industries who spent countless hours developing the business and 
technical standards as well as evaluating how the standards could be 
used to make a broad array of different filings. The meetings provided 
a valuable opportunity for the exchange of ideas and concerns among the 
industries and Commission staff. As a result, we are proposing to 
revise our regulations and procedures to accommodate the way industry 
maintains tariffs. We believe that the protocols and standards that 
have been developed will provide a robust framework for the filing of 
tariff and tariff related materials with the Commission and the 
development of a Commission database to enable staff, industry, and the 
public to access and search those data.
    8. With the advent of eFiling 7.0, the Commission has been 
expanding its ability to receive electronic filings through its eFiling 
and eLibrary systems. While eLibrary works very well as a document 
repository that stores, and permits retrieval of, all documents filed 
in individual docketed proceedings, it is not well suited to the 
processing of tariff and tariff related filings. Tariff filings occur 
in many different dockets over time, and in order for the Commission 
and the public to obtain a complete picture of a company's tariff, 
these various provisions need to be integrated into a single system 
that will provide information as to the status of tariff provisions, 
permit the assembly of a complete tariff, and permit tariff related 
research. Prior to the advent of electronic filing, the Commission 
would keep tariff books, open to the public, in which new pages would 
be inserted to reflect revisions and ensure that the tariff reflects 
the currently effective tariff.\3\ The provision of an electronic 
database of company tariffs will make such information available more 
efficiently and to a broader audience.
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    \3\ In fact, companies themselves would often arrange to view 
those tariffs to try and recreate either effective tariffs or the 
tariff in effect during the time period of a particular proceeding.
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    9. The database will provide easier access to tariffs and allow the 
viewing of proposed tariff sections in context. One of the principal 
benefits of such a database is the ability to do historical research 
into tariffs. For example, proceedings such as complaints may involve 
past tariff provisions that have already been revised by the utility by 
the time the complaint is considered by the Commission. In order to 
expeditiously process such filings, the Commission, the parties, and 
the public need to be able to obtain the tariff provision that applies 
to the time period under review, rather than the currently effective 
tariff provision.\4\
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    \4\ See FPL Energy Marcus Hook, L.P. v. PJM Interconnection, 
LLC, 118 FERC ] 61,169, at P 11, n.9 (2007) (parties litigated a 
complaint case based on a superseded tariff provision).
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    10. The set of NAESB protocols and standards provides a foundation 
for building such a database. The standards define an extensible markup 
language (XML) schema \5\ that will permit filers to assemble a filing 
package that includes the tariff changes, the accompanying tariff-
related documents, such as the transmittal letter, rate schedules, and 
spreadsheets that are required to accompany various tariff filings, and 
other required information such as the proposed effective date of the 
filing. Upon the receipt of the filing electronically, the XML schema 
will enable the Commission to parse \6\ (divide) the filed package into 
its component parts, place the filed documents into its eLibrary 
system, organize the tariff database and provide a metadata \7\ that 
will permit the Commission and the public to search that database.
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    \5\ XML schemas facilitate the sharing of data across different 
information systems, particularly via the Internet, by structuring 
the data using tags to identify particular data elements. For 
example, each filed tariff change will include tags for the relevant 
information, such as the utility name, the tariff section being 
changed, the name for that section, the effective date, and certain 
sections of tariff text. The tagged information could then be 
extracted and separately searched.
    \6\ Parse means to capture the hierarchy of the text in the XML 
file and transform it into a form suitable for further processing.
    \7\ The term metadata is based on the Greek word ``meta'' 
meaning after or beyond and in epistemology means ``about.'' Thus, 
metadata is data or information beyond or about other data. Digital 
Libraries, by William Arms (M.I.T. Press 2000), http://www.cs.cornell.edu/wya/DigLib/MS1999/Chapter1.html (visited April 
11, 2008); The University of Queensland, http://www.library.uq.edu.au/iad/ctmeta4.html (visited April 11, 2008); The 
Linux Information Project, http://www.linfo.org/metadata.html 
(visited April 11, 2008). For example, in the XML schema, one 
required element is a proposed effective date and another element is 
the text of the tariff provision. The proposed effective date would 
be considered metadata relative to the tariff text.
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    11. The NAESB standards and protocols also will provide flexibility 
to companies making tariff filings. In contrast to the Commission's 
prior approach, the standards will enable each regulated company to 
design or purchase software for creating tariff filings that will best 
accommodate its filing patterns and the needs of its business.
    12. As a result of using the NAESB XML standards, we needed to make 
revisions in the regulations we previously proposed and in the method 
by which tariff related filings will be made at the Commission. In 
addition, several issues were raised regarding Commission policies for 
filing tariffs in the comments filed with NAESB. We address these 
issues below. Some of the most significant changes and proposals are 
the following:
     Tariffs \8\ may be filed either using the current sheet 
based nomenclature or using section-based numbering at the choice of 
the filer.\9\
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    \8\ The term tariff is used herein to refer to tariffs, rate 
schedules, jurisdictional contracts, and other jurisdictional 
agreements that are required to be on file with the Commission.
    \9\ Section-based filings will not have to include the sheet 
based nomenclature as a header or footer on the tariff page.
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     Tariffs may be filed as entire documents in either of two 
electronic formats, RTF \10\ or PDF,\11\ except with

[[Page 23140]]

respect to open access transmission tariffs for electric utilities and 
interstate natural gas companies which would have to be filed as 
individual sheets or as sections in RTF format as defined in the 
proposed regulations.
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    \10\ RTF refers to Rich Text Format which is a standardized 
textual format that can be produced by a number of word processors.
    \11\ PDF refers to Portable Document Format which is a format 
used for representing documents that closely resembles the original 
formatting of the document.
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     Tariff filings can be served electronically using the same 
approach used for electronic service of other Commission filings.
     Filings of joint tariffs (tariffs covering two regulated 
entities) may be made with a single tariff filing by the entity 
designated to make the filing.
     Tariff filings for tariffs shared among companies (such as 
RTO tariffs) can be made individually by any of the companies with 
rights to file tariff changes.
     During initial baseline implementation of electronic 
tariff filing, only open access transmission tariffs and agreements 
need to be filed.
     After implementation of electronic tariff filing, all new 
tariffs and agreements must be filed using the standards. Existing 
agreements need to be filed only when they are revised.

A. Companies Required To File Tariffs Electronically

    13. The companies or entities covered by this NOPR are those that 
submit tariffs, rates, or contracts with the Commission pursuant to the 
Natural Gas Act (NGA), the Natural Gas Policy Act of 1978 (NGPA), the 
Federal Power Act (FPA), the Interstate Commerce Act (ICA), the Flood 
Control Act, the Bonneville Power Act, the Northwest Power Planning 
Act, any other relevant statutes. Included among the companies or 
entities proposed to be covered by requirement are: Regional 
transmission organizations (RTOs) and independent system operators 
(ISOs); power authorities and federal power marketing administrations 
which file rates, contracts, or tariffs at the Commission; intrastate 
natural gas pipelines that file rates and operating conditions pursuant 
to the NGPA; interstate natural gas pipelines subject to the NGA which 
serve only an industrial customer; and companies or entities that may 
make voluntary tariff filings, such as reciprocity filings pursuant to 
Order No. 888.

B. Filing Process

1. Procedures for Making Tariff Filings
    14. Using the new XML schema, companies will make tariff related 
filings using the existing eFiling portal. As described below, the 
filing process will be modified slightly from the current eFiling 
process, in particular to include a company registration that will 
provide increased security for the filing, as well as additional e-mail 
notifications of potential problems with the filing.
    15. The person making a tariff filing must have previously 
registered in eFiling (Filer). Upon successfully logging into the FERC 
eFiling portal, the Filer will be presented with the introductory 
screen indicating success in accessing the site, and presented with a 
link to the filing creation part of the site, which will include an 
option to make a Tariff filing (eTariff portal).
    16. The eTariff filing portal will prompt the Filer to enter the 
company identification number assigned during the company registration 
process and an associated password. After successfully passing this 
step, the Filer will upload an eTariff XML filing package that conforms 
to the XML schema. Once the filing is uploaded, the eFiling Web page 
will indicate the filing has been submitted.
    17. After the filing has been submitted, a Confirmation of Receipt 
will be e-mailed to both the e-mail address of the Filer and to the e-
mail address on file with FERC for the company identification number. 
This e-mail only acknowledges the receipt of the filing through the 
eFiling portal, provides a timestamp, and indicates that the filing is 
placed in the queue to be processed.
    18. The XML filing package will be validated programmatically by an 
eTariff verification process. Depending upon the success of the 
verification process, a number of e-mails will be sent.
     If the verification is completed successfully, an e-mail 
will be sent to the validation e-mail address provided in the XML 
package and to the e-mail address associated with the company whose 
tariff is being revised.\12\ This e-mail means only that the filing has 
passed the validation, not that it has been officially accepted by the 
Secretary of the Commission.
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    \12\ This may not be the same company making the filing; for 
example, in the case of a shared tariff, one notification will go to 
the company making the filing and the other will go to the ISO or 
RTO whose tariff is being revised.
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     If the XML filing package can be parsed (and the 
validation e-mail address can be obtained), but the package does not 
otherwise pass verification, an e-mail will be sent to the validation 
e-mail address provided in the XML filing package. This e-mail will 
provide information about the problems encountered during the 
verification process.
     If the XML cannot be parsed at all (is unreadable), an e-
mail will be sent to the Filer and to the e-mail address associated 
with the company identification number indicating a problem has been 
encountered with the filing.
    19. Once passed validation, the standard eFiling email will be sent 
to indicate whether the Secretary of the Commission has accepted and 
docketed the filing or rejected it. As occurs with all filings, the 
docketing email does not guarantee that other filing deficiencies will 
not result in rejection or other action pertaining to the filing later 
in the review processes within the Commission. After this step, the 
filing is passed on to eLibrary, the tariff database and other 
Commission systems.
2. XML Schema
    20. Under the standards, the tariff filing must be made in 
conformance with the XML schema. The schema essentially is a method by 
which the filing entities can communicate information to the 
Commission. The schema proscribes the metadata elements and the textual 
information that must be included in the filing package. The data 
elements included in XML package are required to properly organize the 
tariff database and to maintain the proper relationship of tariff 
provisions in relation to other provisions. For example, these elements 
will identify which tariff provision is being revised so that the 
revised tariff can be placed electronically in the proper location 
within the tariff hierarchy. The filing package itself will include the 
text of tariff changes as well as all filing attachments, such as 
transmittal letters.\13\ The XML schema will be maintained on the 
Commission website along with the required codes, descriptions, and 
other requirements, as well as information that may be useful to those 
developing filing software.\14\ Contemporaneously with the issuance of 
this NOPR, we are posting on the website the XML schema along with the 
descriptions of the fields used in the schema, a proposed instruction 
manual, and preliminary codes to be used with the XML schema.
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    \13\ The XML must be filed as a zip (compressed) file.
    \14\ http://www.ferc.gov under the tab Documents and Filings, 
eTariff.
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    21. Although we do not envision that the schema and related code 
values will need to be changed frequently, the Secretary of the 
Commission, under Order No. 703, will have delegated authority to make 
modifications to them if necessary.\15\ Before any such changes are 
made, a notice of the proposed change will be issued sufficiently in

[[Page 23141]]

advance to permit companies to revise their software.
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    \15\ 18 CFR 375.302(z).
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C. Tariff Filing Requirements

    22. The Commission's current regulations require companies to file 
tariff sheets that include specifically defined nomenclature to 
identify each sheet of the tariff.\16\ A company is required to file 
only the tariff sheets containing the tariff revisions or changes.
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    \16\ See 18 CFR 35.9; 154.102(e).
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    23. As a result of the implementation of electronic tariff filing, 
the exchange of information between Commission staff and the various 
industries during the NAESB process, and the comments submitted to 
NAESB, we are proposing to allow far more flexibility in the structure 
and identification of tariffs. Companies may determine to structure 
their tariffs either using the existing tariff sheet format or as 
sections. Companies will also be given more flexibility to file tariffs 
either by dividing the tariff into sheet or sections and filing only 
the changed sheet or section, or for a wide range of tariff documents, 
by filing the entire tariff document for each change. In order to 
ensure that the Commission and the public have the ability to identify 
specific tariff provisions (either sections or pages), the version for 
each tariff filing will still need to be identified, but the versioning 
information has been simplified and will be included as metadata in the 
XML package, except for certain documents filed as PDFs.
1. Sheets or Section Filing Requirements
    24. In order to compile the tariff database, the standards require 
companies to file tariff text as a specific data element. Companies 
will be permitted to choose whether to continue to number tariff 
provisions as individual tariff sheets (e.g., Original Sheet No. 1) or 
sections (e.g., 1.1.1).
    25. We also do not believe there is a one size fits all approach to 
the way in which companies divide their tariffs in making tariff 
filings. Some individual rate schedules and agreements may be filed 
only once or revised only infrequently, while other rate schedules and 
tariffs may be extraordinarily large and revised frequently. Except as 
discussed in the following section with respect to open access tariffs, 
we therefore propose to allow companies to determine based on the 
nature of the tariff and frequency of filing whether to file tariffs by 
breaking the tariff into sheets or sections or by filing the tariff as 
an entire document. Companies that initially file using the entire 
document option will be allowed later to divide the tariff document 
into sections or sheets. However, we propose that, except with advance 
permission from the Office of Energy Market Regulation (or any 
successor name), a company that has already broken its tariff into 
sections or sheets, will not be able to recompile those sheets or 
sections and use the entire document option.
    26. In order to facilitate database management, the NAESB standards 
provide that tariff text must be filed either using the RTF file format 
or the PDF file format.\17\ Tariffs filed under the entire document 
option may be filed either in RTF or PDF. Tariffs filed as sections or 
sheets must be filed in RTF, due to limitations on the ability to 
process and assemble PDF files.\18\
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    \17\ The requirements adopted by the Commission in Order No. 703 
will apply to PDF formatted documents filed as tariff text. Tariffs 
filed in PDF format must use the print-to-pdf feature as opposed to 
an unsearchable scanned format, except that tariff documents 
existing only on paper may be scanned into PDF. Filing Via the 
Internet, Order No. 703, 72 FR 65659 (Nov. 23, 2007), FERC Stats. & 
Regs., Regulations Preambles ] 31,259, P 23 (2007). We, however, 
encourage filers that scan old paper tariff documents to use an 
optical character recognition program to convert the scanned file to 
text prior to filing, so that copy and paste and search functions 
may be used.
    \18\ RTF is a text format that will enable the Commission's 
software to assemble quickly the sheets or sections into a complete 
tariff document. In contrast, PDF is not a textual format, and does 
not permit such processing.
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2. Gas and Electric Open Access Transmission Tariffs
    27. We are not proposing to permit the open access transmission 
tariffs for interstate natural gas pipelines and electric utilities to 
be filed using the entire document option for several reasons. Unlike 
individual service agreements or contracts that affect only the 
signatories to the agreements, the open access transmission tariffs 
affect a wide variety of customers and are the most frequently revised. 
Moreover, because of the breadth of these tariffs, and the need to 
review and research portions of these tariffs, it would not be 
efficient for staff or for the public to have these documents refiled 
in their entirety every time a company proposes to revise an individual 
tariff section or page.
    28. We are therefore proposing revisions to Sec. Sec.  35.9 and 
154.102 to require that open access transmission tariffs, which will 
include other open access documents and documents of general 
applicability, such as ISO/RTO operating agreements and market rules, 
must be filed as sheets or sections. Because the electric OATTs are 
based on the Commission's pro forma OATT, we have specified the minimum 
required divisions for such filings. For non-ISO/RTO OATTs, the OATT 
must be divided at least at the section 1.0 level, with individual 
sections for each schedule or attachment. Because ISO/RTO OATTs are 
much more complex, we propose to require at a minimum that they be 
divided at the 1.1 level. In their comments to NAESB, the RTOs ask 
whether they can divide tariffs into smaller divisions, because of 
their complexity. We clarify that the proposed standards in the 
regulations are the minimum divisions only. We propose to permit, and 
encourage, filers to use even smaller divisions that are appropriate to 
their individual tariffs and filing patterns.
    29. In addition, to aid electric utilities in filing their OATTs, 
we propose to post on our website a pro forma OATT divided into the 
largest allowable sections, as well as information that will help 
companies develop Microsoft Word macros to electronically divide 
tariffs at this level.
    30. Because we have not specified a pro forma interstate natural 
gas tariff, the proposed regulation will require that the interstate 
natural gas pipeline tariffs filed as sections be divided so that each 
section includes only related subject matter and is of reasonable 
length. Negotiated rate agreements and other non-conforming service 
agreements need not be divided, but can be filed as entire documents.
3. Versioning
    31. The Commission currently requires each tariff page to include a 
version number that can be used to identify the particular revision of 
that page (e.g., First Revised Sheet No. 1 would replace Original Sheet 
No. 1). Because tariff provisions change, often frequently, over time 
this convention is useful for identifying and referring to particular 
tariff provisions in orders. A number of the comments filed with NAESB 
maintain that the existing versioning requirement is unnecessarily 
complex for certain types of filings and urge us to eliminate the 
requirement to include versioning associated with every page or section 
of the tariff. The comments maintain that the XML schema includes a 
revised versioning requirement that would be satisfactory for 
identifying particular tariff provisions.
    32. We recognize that in many proceedings, the official tariff 
designation is not used by the parties and may not be of critical 
importance. However, in proceedings in which past tariff language is of 
importance, the ability to have a unique reference to the

[[Page 23142]]

precise tariff provision is still needed. As we move to electronic 
tariff filing, we believe that with the adoption of the standards our 
versioning requirement can be modified and made less complicated.
    33. The XML schema requires that each sheet, section, or entire 
tariff be identified with a version number in an x.y.z format. The 
x.y.z format will accommodate the same level of identification as our 
existing nomenclature, including items such as squeezed and retroactive 
sheets. Some companies may want to continue this detailed approach to 
better identify the placement and relative position of tariff sheets 
and sections, and the x.y.z format will accommodate such 
identification. Other companies do not believe that their tariffs 
require such a detailed hierarchy of changes. As long as each tariff 
section, sheet, or entire document is identified uniquely, we propose 
to allow companies to choose how complex to make their identification. 
Companies, for example, may choose simply to numerically number each 
section, sheet, or entire tariff document as they file it, using just 
the x field.
    34. The comments also raise questions about whether any such 
identification must continue to appear in the text of the filed 
documents. Except in the case of tariffs filed in PDF, we do not 
propose to require that identification be placed on the individual 
tariff revisions that are filed; companies however may choose to 
include such identification if they desire. Because the requisite 
versioning information is in the XML schema and will be made available 
to staff and the public in the tariff database, companies do not need 
to include that information in their filing. However, in order to 
ensure that the versioning information is available to the public on 
eLibrary, the Commission will use the metadata provided in the XML 
schema to generate a document on eLibrary that contains the appropriate 
versioning information. Because we are creating this document by 
electronically combining information from the database, the formatting 
of the versions and tariff text may not appear identical to the filing 
made by the company.
    35. The only exception to this rule is for tariff documents filed 
using PDF. Because PDF is not a textual format and does not permit easy 
electronic manipulation, we cannot generate a document for eLibrary 
that contains the correct versioning information. For these documents, 
therefore, the first page of the tariff document must include the 
required information: Company name, tariff title (if applicable), and 
the appropriate version number.
4. Clean and Marked Tariff Changes as Attachments
    36. As discussed above, the tariff text for use by the database 
will be filed as a separate data element. But, as discussed above, the 
Commission may not be able to generate a formatted version of that 
tariff text acceptable to the filer for inclusion in eLibrary. For this 
reason, the standards provide that companies will also include as an 
attachment to their filing a clean copy of the relevant tariff sheets, 
sections, or entire document formatted as the filer prefers.\19\ The 
clean version of the tariff text may be filed using any software 
currently approved by the Secretary of the Commission for eFiling.
---------------------------------------------------------------------------

    \19\ The text of the tariff to be included in the database must, 
of course, match exactly the text of the clean copy of the tariff 
filed as an attachment. The standards also will require the company 
to include a non-formatted plain text copy of the tariff for search 
purposes.
---------------------------------------------------------------------------

    37. The Commission's current interstate natural gas pipeline (Sec.  
154.201) and electric utility regulations (Sec.  35.10), require 
companies to provide a marked version of the tariff text in the tariff 
filing indicating the changes and deletions made to the existing tariff 
text. The oil pipeline regulations (Sec.  341.3) provide for the use of 
special symbols to denote changes.
    38. We propose to continue the requirement for filing marked 
versions of tariffs. We also are proposing to modify the symbols used 
by the oil pipelines so that the symbols can be entered into a find or 
search message box using keystrokes available on a keyboard. Tariff 
documents can now be filed as large sections or as entire documents. 
Although we are confident that filing companies will not intentionally 
make extraneous, unmarked changes to tariff text, we want to ensure 
that both staff and the public are not put in the position of having to 
read the entire tariff text of large sections or an entire document to 
ensure that unmarked changes were not made. As a precaution, therefore, 
we are proposing to revise our regulations to make clear that only the 
sections of the tariff document appropriately marked will be considered 
part of the filing. Revisions that are not marked will not be 
considered a part of the requested tariff revision and any acceptance 
of a filing by the Commission will not constitute acceptance of an 
unmarked tariff change.
5. Joint, Shared, and Section 206 Filings
    39. An issue raised in the comments by the electric industry is how 
companies are to make joint and shared tariff filings and section 206 
filings. Joint filings refer to tariffs applicable to more than one 
company. Shared tariffs refer to a tariff that can be amended by one or 
more parties. Shared tariffs principally refer to ISO or RTO tariffs, 
sections of which can be revised by the ISO and RTO as well as by 
individual transmission owners. Section 206 tariff filings again relate 
principally to ISOs and RTOs, which may not have the ability to make 
tariff filings under section 205 of the FPA, but have the right to make 
such filings under section 206 of the FPA. The comments are concerned 
that the filing process for such tariffs not be unduly complicated. We 
have developed approaches to the filing of these more complicated 
tariffs that we believe will ensure that all parties with rights can 
make appropriate filings without undue burden.
a. Joint Tariff Filings
    40. Section 35.1(a) of the Commission's regulations establishes two 
methods by which public utilities that are parties to the same rate 
schedule may file the rate schedule with the Commission: (1) Each 
public utility can file the rate schedule itself, or (2) ``or the rate 
schedule may be filed by one such public utility and all other parties 
having an obligation to file may post and file a certificate of 
concurrence.'' \20\ Prior to Order No. 614, when filers made a single 
filing, Commission staff would copy the rate schedule or tariff for the 
number of joint filers, place the appropriate designations on the 
tariffs, and put them in the tariff books. In Order No. 614, the 
Commission stated in the preamble that ``on joint services, each 
utility offering a service must file its own tariff sheets.'' \21\ 
Currently, we therefore receive a single filing usually from a 
designated filer with identical tariff sheets for each joint filing 
utility, except that each utility's tariff contains the appropriate 
sheet designation for that utility. Given the prevalence of joint 
tariff filings, the electric utilities request that they not be 
required to make separate tariff filings for each utility covered by 
the tariff, including all supporting materials, in place of the single 
filing now permitted.
---------------------------------------------------------------------------

    \20\ 18 CFR 35.1(a).
    \21\ Designation of Electric Rate Schedule Sheets, Order No. 
614, FERC Stats. & Regs. ] 31,096, at 31,503 (2000).
---------------------------------------------------------------------------

    41. In the Commission's current state of software development, we 
are not in

[[Page 23143]]

a position to permit a single designated filer to submit tariff sheets 
on behalf of multiple entities. We, however, recognize the inefficiency 
and confusion for the filer, the staff, and the public in having 
multiple identical filings made on behalf of different companies. We 
therefore have developed what we think is a reasonable approach for 
handling such filings that will minimize the burden on the filer but 
provide ready access to the tariff.
    42. We propose to no longer require utilities to follow the Order 
No. 614 preamble instructions to file multiple copies of a tariff. 
Instead, the joint filers will be permitted to designate one filer to 
submit a single tariff filing for inclusion in its database that 
reflects the joint tariff, along with the requisite certificates of 
concurrence. The non-designated joint filers would include in their 
tariff database a tariff section consisting of a single page or section 
that would provide the appropriate name of the tariff and identify 
which utility is the designated filer for the joint tariff. In this 
way, the staff or the public will be able to find quickly the 
appropriate tariff in the database, without the need for multiple 
filings by each of the filers.
    43. While this issue arose in the context of joint filings by 
public utilities, the solution proposed here should be equally 
applicable to other industries that have joint tariffs.
b. Shared Tariffs
    44. Shared tariffs refer principally to ISO and RTO tariffs, 
portions of which may be revised by FPA section 205 filings by the ISO/
RTO or other transmission owners. Depending on the tariff section 
involved, one party may have exclusive rights to modify the section or 
multiple parties may have rights to modify the section. The structure 
of all the ISO and RTO tariffs as well as their filings rights are 
different.
    45. In order to file shared tariffs today, parties with joint 
filing rights have to share information about the tariff, such as the 
current section numbering and sheet designations as well as the text of 
the provisions. Some ISOs and RTOs provide in their tariffs that the 
ISO/RTO is responsible for administering the Transmission Tariff.\22\
---------------------------------------------------------------------------

    \22\ See Midwest ISO Transmission Tariff, Appendix K, Sec.  F. 
http://mktweb.midwestiso.org/publish/Document/469a41_10a26fa6c1e_-6d790a48324a/TOA%20(As%20Accepted%20on%2012-03-07%20EC07-
89).pdf?action=download&--property=Attachment.
---------------------------------------------------------------------------

    46. Electronic filing should provide parties with shared tariffs 
with greater opportunities to develop electronic filing methods that 
fit their respective tariff structure and filing rights: (1) Parties in 
organized markets can develop or commission filing software to be 
shared among those with filing rights that imposes restrictions on 
filing rights as applicable under the individual ISO or RTO tariff; (2) 
ISOs and RTOs can agree to make all filings on behalf of the members in 
order to maintain administrative control over the tariff; or (3) each 
of the respective parties with filing rights can continue to make 
individual filings as they do today by sharing certain relevant tariff 
and relevant metadata among the parties with shared rights.
    47. Since the comments focus on the third option, individual 
filings by each company, we will describe how such filings can be made 
securely. The party initiating the filing (Company A) would need to 
have an eRegistered party (Filer) log-on to make the filing. The Filer 
would have to know Company A's company identification number and 
password. In order to make such a filing, the ISO and RTO would have to 
share with Company A its company identification number \23\ and tariff 
identifier used in the XML schema for the ISO or RTO's tariff along 
with other required metadata for making the filing.
---------------------------------------------------------------------------

    \23\ The ISO or RTO, however, would not have to share its 
password.
---------------------------------------------------------------------------

    48. Currently, for some ISOs and RTOs, when a transmission owner 
makes a section 205 filing to revise an ISO or RTO tariff, the ISO or 
RTO is notified only through service. In order to provide greater 
security and more immediate notification to the ISO or RTO, we will 
provide an email to the ISO or RTO when the XML filing passes 
verification checks. Although we have not experienced unauthorized 
filings to date through our paper or eFiling system, this notification 
will ensure that the ISO or RTO can detect immediately any potential 
unauthorized filing. Moreover, because the person making the filing 
will be eRegistered and will be using the company identification number 
of the filer (Company A), we will be able to easily identify who made 
the filing in case any questions are raised.
c. Section 206 Filings Related to ISOs/RTOs
    49. ISOs and RTOs sometimes have tariff or operating agreement 
provisions that require a certain percentage of stakeholder support for 
making FPA section 205 filings. As a result, if the requisite 
stakeholder approval is not obtained, ISOs and RTOs have retained 
rights to make filings pursuant to section 206 of the FPA, and may make 
a single filing under both section 205 and section 206.\24\ In 
addition, transmission owners that are part of the RTO also may file 
complaints under FPA section 206 contending that the ISO or RTO tariff 
is unjust and unreasonable. In the comments included in the NAESB 
submission, a question was asked about the appropriate method of making 
such filings, in particular whether the section 206 filing should be 
made using the Commission's eFiling complaint mechanism, with the ISO 
or RTO filing through the eTariff to amend its tariff only if the 
Commission's ruling requires tariff changes.
---------------------------------------------------------------------------

    \24\ See, e.g., PJM Interconnection, LLC, 115 FERC ] 61,079 
(2006).
---------------------------------------------------------------------------

    50. For ISO or RTO transmission owners filing a complaint against 
the ISO or RTO, we think the complaint should be filed pursuant to the 
standard complaint mechanism. While these transmission owners may have 
legal rights to make section 205 filings to change certain aspects of 
the ISO or RTO tariff, they do not have any different rights than any 
other party to file complaints under section 206. If the Commission 
agrees with the complainant, the ISO or RTO would then be directed to 
submit a compliance filing through the eTariff portal to make the 
required tariff changes.
    51. However, we propose that the RTO or ISO making a filing to 
revise its own tariff pursuant to section 206 should make such a filing 
through the eTariff portal with the appropriate tariff revisions and 
XML metadata. Because such a filing relates to the ISO's or RTO's own 
tariff, and the ISO or RTO has a reserved right to make such a section 
206 filing, such a filing is more similar to a standard tariff filing 
by a utility as opposed to a complaint filing. In addition, since RTOs 
or ISOs may make a single filing in one proceeding under both sections 
205 and 206, it seems appropriate to have such a filing made using the 
standard eTariff mechanism.

D. Other Business Practice Changes

1. Electronic Service
    52. Many parties requested that once an electronic tariff mechanism 
is in place that they be able to serve their initial tariff filings 
electronically. In the 2005 Notice, the Commission stated that it would 
permit electronic service for initial filings.\25\ The proposed changes 
to our regulations will permit electronic service according to the same 
procedures and protocols used for other

[[Page 23144]]

forms of service under the Commission's regulations.\26\ Customers and 
state agencies wishing to receive service will be required to provide 
the company with an applicable email address (since a service list will 
not exist at the time of an initial filing). Any customer believing it 
is unable to receive electronic service will need to request a waiver 
of electronic service as provided in the regulations.\27\
---------------------------------------------------------------------------

    \25\ 112 FERC ] 61,043 at P 7.
    \26\ 18 CFR 385.2010.
    \27\ 18 CFR 390.3.
---------------------------------------------------------------------------

2. Attachment Documents
    53. Under the standards, all attachments to a filing, such as the 
transmittal letter, testimony, cost-of-service statements, will be 
included as part of the XML package. The attachments must meet the 
formatting requirements for any other eFiled document, as set forth by 
the Secretary of the Commission.
3. Withdrawal of Pending Tariff Filings and Amendments to Tariff 
Filings
    54. As discussed in the 2004 NOPR, the electric, gas, and oil 
industries have different procedures for withdrawing and amending a 
tariff filing. For example, the regulations governing oil pipelines 
permit withdrawal of proposed tariff filings before the tariff filing 
is effective,\28\ while the regulations for electric and gas companies 
do not address withdrawal of tariff filings prior to suspension.\29\ 
Because tariff withdrawal and amendment filings affect the status of 
tariff proposals, standardization of these procedures is needed in 
order to effectuate an electronic tariff system. We are therefore 
continuing our proposal from the 2004 NOPR to allow a company to 
withdraw in its entirety a tariff filing, which has not become 
effective, and upon which no Commission or delegated order has been 
issued, by filing a withdrawal motion with the Commission. The 
withdrawal will become effective, and the filing deemed withdrawn, at 
the end of 15 days, so long as no answer in opposition to the 
withdrawal motion is filed within that period and the Commission has 
not acted to deny the withdrawal motion. If such an answer in 
opposition is made, the withdrawal is not effective until a Commission 
or delegated order accepting the withdrawal is issued. In order to 
ensure that the tariff database remains accurate, such withdrawal 
filings will need to be made through the eTariff portal using the XML 
schema so that the appropriate data elements can be revised.
---------------------------------------------------------------------------

    \28\ 18 CFR 341.13.
    \29\ 18 CFR 35.17; 154.205.
---------------------------------------------------------------------------

    55. Electric utilities and interstate pipelines file amendments or 
modifications to tariff provisions to make substantive changes to their 
filings as well as to correct minor errors. Because such modifications 
can have substantive effect, the Commission is proposing to revise 
Sec.  35.17 and Sec.  154.205 to make clear that the filing of an 
amendment or modification to a tariff provision will toll the period 
for action on the prior filing and establish a new period for 
action.\30\
---------------------------------------------------------------------------

    \30\ As we stated in the 2004 NOPR, we recognize that in the 
past, we have sought to process minor changes filed in NGA cases 
within the 30-day statutory period, and we will continue to try to 
do so for those amendments that are not significant or do not create 
a major substantive difference in the tariff proposal.
---------------------------------------------------------------------------

4. Motions
    56. Several types of motions may be made by regulated entities that 
do not include tariff sheets, but that affect the status of a tariff 
filing. For example, interstate natural gas pipelines may file motions 
to move suspended tariff sheets into effect, and other regulated 
companies may file motions to change the effective dates of tariff 
filings or to withdraw tariff filings. Because such filings affect the 
metadata associated with the tariff filing, such motions must be filed 
through the eTariff portal using the XML schema.
5. Rate Sheets for Tariff Filings by Intrastate and Hinshaw Pipelines
    57. Under the Commission's current regulations in section 284, 
subparts C and G, an intrastate or Hinshaw pipeline must provide the 
Commission with an election of how it will determine its interstate 
service rates. An intrastate or Hinshaw pipeline also is required to 
file with the Commission, within 30 days of the commencement of 
service, a statement of operating conditions, which includes the rate 
election it has made, but which currently does not require a statement 
of the interstate rates to be charged. The interstate rates are 
included only as part of the overall filing.
    58. In implementing the proposal for electronic filing tariff 
filing, the statement of operating conditions will be placed in the 
tariff database. To facilitate easier access by the Commission and the 
public to the interstate service rates of intrastate and Hinshaw 
pipelines, we are proposing to revise Sec.  284.123 of the regulations 
to require intrastate and Hinshaw pipelines to include a statement of 
their interstate service rates as part of the statement of operating 
conditions that will appear in the tariff database. Including a 
statement of interstate service rates in the statement of operating 
conditions will ensure that all relevant information related to 
interstate service will be accessible in the tariff database.

E. Transition Procedures

1. Baseline Tariff Filings
    59. Each utility will be required to make a filing to establish its 
baseline tariffs. In the 2005 Notice, we proposed to reduce the burden 
in making the baseline filing and limit such filings to tariffs of 
generally applicability. As applied to filings by electric utilities, 
the baseline filing would include open access transmission tariffs 
(OATTs), power sales tariffs available to any customer, and market-
based rate tariffs. Individually negotiated rate schedules and 
agreements would not have to be included as part of the baseline 
filing. Interstate natural gas pipelines would have to file their 
existing Volume No. 1 tariffs, but would not have to file special rate 
schedules included in Volume No. 2 tariffs, or any existing negotiated 
rate or non-conforming service agreements. Intrastate pipelines would 
have to file their statement of operating conditions including their 
interstate service rates. Oil pipelines would need to file their tariff 
publications. Other pre-existing tariffs, rate schedules, and 
agreements do not need to be included in the baseline filing, although 
companies are free to include these agreements in their baseline 
filings, and we would encourage them to do so.
    60. After implementation, all new tariffs and rates schedules would 
have to be filed using the XML schema. Existing tariffs and rate 
schedules not included as part of the baseline filing would need to be 
filed electronically only when they are revised or amended.
    61. We recognize that some of the pre-existing tariffs and rates 
schedules may not exist in electronic form. Companies having or 
electing to file such agreements do not need to retype the entire 
agreement. They may scan these agreements into PDF format and file them 
in that fashion as an entire document. Although not required, companies 
should run an optical character recognition program (OCR) to convert 
these scanned documents into text so that the text of the tariff can be 
searched and copied. We recognize that OCR may not work well on some 
older documents, but even if the OCR version is not filed as the tariff 
text, it should be included in the plain text field of the XML schema 
for search purposes.

[[Page 23145]]

    62. The baseline tariff filing is not a substantive tariff 
revision, and will be used only for placing generally available tariffs 
into the database. The baseline filing, therefore, should reflect the 
existing effective tariff, with no proposed substantive changes or 
revisions. The baseline tariff filings will be subject to notice and 
comment solely to permit customers to ensure that the proposed baseline 
tariff is an accurate reflection of the effective tariff. No protests 
involving other issues, such as the merits of various sections of the 
tariff, will be considered. We also propose a one-time delegation of 
authority to the Director of OEMR to rule on protests.
    63. If a regulated entity has a pending or suspended tariff change 
filing at the time of the filing of the baseline tariff, the regulated 
entity should not file these pending or suspended tariff sections as 
part of the baseline tariff filing. When the Commission acts on pending 
or suspended tariffs provisions, the companies will file the tariff 
provisions through the eTariff portal for inclusion in the database.
2. Testing, Implementation and Further Procedures
    64. We recognize that after the final rule, companies and third-
party vendors developing tariff filing software will need time for 
development as well as a mechanism for testing their software to make 
sure that their filings will be accepted by the Commission. We will 
therefore provide a testing site where companies can make test 
electronic filings to determine whether their XML packages can be 
received and can be parsed in order to determine if the XML package can 
be opened and broken into its constituent parts, and to verify whether 
the metadata supplied meets the requirements of the XML schema.
    65. Further, as the development process continues, we think it will 
be useful to continue the dialog among FERC staff and the industries 
involved, perhaps through the good offices of NAESB, to help the 
industries better understand the use of the code values as well as to 
discuss issues that may arise regarding methods of implementing the 
standards. Commission staff also will be available to answer individual 
questions about the use of the XML schema.
    66. While we would like to move as quickly as possible to 
electronic tariff filing and the tariff database (and we think the 
industries also would like to take advantage of the ease of electronic 
filing and electronic service), we recognize that we need to provide 
sufficient time for software development and testing to ensure that the 
filing of tariffs electronically has as few bugs as possible. As a 
general matter, we envision that compliance with the electronic filing 
should be able to begin within six months to one year after the final 
rule is issued, but we will not propose a firm deadline or structure 
for compliance at this point.

III. Information Collection Statement

    67. The Office of Management and Budget (OMB) regulations require 
approval of certain information collection and data retention 
requirements imposed by agency rules.\31\ Upon approval of a collection 
of information and data retention, OMB will assign an OMB control 
number and an expiration date. Respondents subject to the filing 
requirements of this rule will not be penalized for failing to respond 
to these collections of information unless the collections of 
information display a valid OMB control number.
---------------------------------------------------------------------------

    \31\ 5 CFR 1320.11.
---------------------------------------------------------------------------

    68. The information provided under Part 35 is identified for 
information collection and records retention purposes as FERC-516. Data 
collection FERC-516 applies to all reporting requirements covered in 18 
CFR Part 35 including electric rate schedule filings, market power 
analysis, tariff submissions, triennial reviews, and reporting 
requirements for changes in status for public utilities with market-
based rate authority. The information provided under Parts 154 and 284 
is identified for information collection and records retention purposes 
as FERC-545. Data collection FERC-545 applies to all reporting 
requirements covered in 18 CFR Part 154 including natural gas rate 
schedule filings, and tariff submissions. The information provided 
under Part 153 is identified for information collection and records 
retention purposes as FERC-539. The information provided for under Part 
341 is identified for information collection and records retention 
purposes as FERC-550. Data collection FERC-550 applies to all reporting 
requirements covered in 18 CFR Part 341 including oil pipeline tariffs, 
indexes of tariffs, rates, and tariff publications. The Commission is 
submitting these information collection requirements to OMB under 
section 3507(d) of the Paperwork Reduction Act.\32\ Comments are 
solicited on the Commission's need for this information, whether the 
information will have practical utility, the accuracy of the provided 
burden estimates, ways to enhance the quality, utility, and clarity of 
the information to be collected, and any suggested methods for 
minimizing the respondent's burden, including the use of automated 
information techniques.
---------------------------------------------------------------------------

    \32\ 44 U.S.C. 3507(d) (2000).
---------------------------------------------------------------------------

    Burden Estimates: As discussed herein, the Commission proposes 
amending its regulations to require that all tariffs, tariff revisions 
and rate change applications for natural gas, oil pipeline and public 
utilities be filed electronically based on standards developed by the 
electric, gas, and oil industries through the NAESB process. During the 
NAESB process, the industries opted for the flexibility provided by the 
standards in place of using the filing software developed by the 
Commission. The standards provide companies with the ability to obtain 
software, or modify existing tariff maintenance software, that better 
integrates with their individual tariff maintenance and business needs. 
The use of the NAESB standards, in place of Commission distributed 
software, also provides an open framework for third-party software 
developers to develop filing applications or processes, which, by 
handling multiple parties' filings, may prove less expensive than the 
cost to each company of building its own system. Because cost estimates 
for such third party programs are not available, the following burden 
estimates reflect the cost to an individual company of obtaining 
software, including open access software, and programming time, that is 
sufficient to meet the requirements of the regulation, as well as the 
cost of making the required baseline filing. These costs are one-time 
compliance costs. Individual companies' costs may differ depending on 
their internal business needs and the features they need. In addition, 
the use of electronic filing will save the costs of making and serving 
paper filings on an ongoing basis due to savings in mail and messenger 
delivery and copying, and we provide estimates of those savings below 
for one year. The public reporting and records retention burdens for 
the proposed reporting requirements and the records retention 
requirement are as follows.\33\
---------------------------------------------------------------------------

    \33\ These burden estimates apply only to this NOPR and do not 
reflect upon all of FERC-516, FERC-545, FERC-539 or FERC-550.

[[Page 23146]]



                                                                 Baseline Tariff--Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Number of       Hours per                     Installation    Total install
                     Data collection                        respondents       tariff        Total hours        hours           hours        Total hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-516:
    Utilities...........................................             152               9            1368              16            2432            3800
    Marketers...........................................             984               5            4920              16            7872           12792
RTOs/ISOs...............................................               6             362            2172              24             144            2316
FERC-545:
    Small...............................................              96               7             672              16            1536            2208
Pipelines:
    Large...............................................              60              18            1080              16             960            2040
Pipelines:
    NGPA................................................             200               6            1200              16            3200            4400
FERC-550 Oil............................................             200               9            1800              16            3200            5000
                                                         -----------------------------------------------------------------------------------------------
        Totals..........................................  ..............  ..............           13212  ..............           19344           32556
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Annual Hours for Collections: 32,556.

                                             Baseline Tariff--Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Software
         Data collection             Number of       Cost per      Total filing     purchase &      Total cost
                                    respondents       tariff           cost        installation
----------------------------------------------------------------------------------------------------------------
FERC-516:
    Utilities...................             152            $211         $32,027          $1,690        $256,880
    Marketers \34\..............             984             109         107,448             845         831,480
RTOs/ISOs.......................               6           8,345          50,072           2,450          14,700
FERC-545:
    Small Pipelines.............              96             171          16,429           1,690         162,240
    Large Pipelines.............              60             423          25,391           1,690         101,400
    NGPA........................             200             132          26,484           1,690         338,000
FERC-550 Oil....................             200             206          41,152           1,690         338,000
                                 -------------------------------------------------------------------------------
        Totals..................  ..............  ..............         299,003  ..............       2,042,700
            Combined Total......  ..............  ..............  ..............  ..............       2,341,703
----------------------------------------------------------------------------------------------------------------


                                      Going Forward Cost Savings Per Annum
----------------------------------------------------------------------------------------------------------------
                                                                   Total number      Cost per
                                                                    of filings        filing        Total cost
----------------------------------------------------------------------------------------------------------------
Oil.............................................................             689            $110         $75,790
Electric........................................................           4,445             406       1,804,670
Gas.............................................................           2,548             406       1,034,488
                                                                 -----------------------------------------------
    Total.......................................................  ..............  ..............       2,914,948
----------------------------------------------------------------------------------------------------------------

    OMB's regulations require it to approve certain information 
collection requirements imposed by an agency rule. The Commission is 
submitting notification of this proposed rule to OMB. If the proposed 
requirements are adopted they will be mandatory requirements.
---------------------------------------------------------------------------

    \34\ The costs for marketers assumes that affiliated marketers 
will share a single installation.
---------------------------------------------------------------------------

    Title: FERC-516, Electric Rate Schedules and Tariff Filings; FERC-
545, Gas Pipeline Rates: Rate Change (Non Formal); FERC-549 Gas 
Pipeline Rates: NGPA Title III Transactions; and FERC-550 Oil Pipeline 
Rates: Tariff Filings.
    Action: Proposed Collections.
    OMB Control Nos. 1902-0096, 1902-0154, 1902-0062 and 1902-0089.
    Respondents: Business or other for profit.
    Frequency of responses: On occasion.
    Necessity of the Information:
    69. The Federal Energy Regulatory Commission is proposing 
amendments to its regulations to require that all tariffs and tariff 
revisions and rate change applications for the public utility natural 
gas pipeline and oil pipeline industries be filed electronically with 
the Commission in lieu of paper. Electronically filed tariffs and rate 
case filings should improve the efficiency of the administrative 
process for tariff and rate case filings, by providing time and 
resource savings for all stakeholders. Respondents should see savings 
by reducing the number of personnel required to assemble and submit 
paper filings, and a reduction in duplication and mailing expenses. 
Users of the information will be able to access the data at lower costs 
due to efficiencies provided by electronic filing and retrieval. Data 
filed electronically can be processed faster than paper filings. This 
is due in part because procedural steps related to verifying the 
applicant, receiving the tariff filing, routing the tariff filing, 
entering the tariff filing into FERC's official record, public tariff 
maintenance, public access to the tariff and tariff filing, and

[[Page 23147]]

confirming receipt of the tariff filing largely can be automated. Also 
the speed at which tariff filings can be processed electronically can 
increase the integrity of the data by speeding the process by which the 
applicants and public can view the filings and identify errors, and 
facilitating rapid filing of corrections. This capability is beneficial 
as many tariff filings involve statutory processing deadlines.
    70. The Proposed rule will assist the Commission's efforts to 
comply with the Government Paperwork Elimination Act (GPEA) by 
developing the capability to file electronically with the Commission 
via the Internet with uniform formats using software that is readily 
available and easy to use and also achieve the President's Management 
Agenda initiatives of expanding electronic government.
    Internal Review: The Commission has conducted an internal review of 
the public reporting burden associated with the collections of 
information and assured itself, by means of internal review, that there 
is specific, objective support for the information collection burden 
estimates. Moreover, the Commission has reviewed the collections of 
information proposed by this NOPR and has determined that these 
collections of information are necessary and conform to the 
Commission's plans, as described in this rule, for the collection, 
efficient management, and use of the required information.\35\ 
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 Executive Director, Phone: (202) 502-8415, fax: (202) 
273-0873, e-mail: [email protected].]
---------------------------------------------------------------------------

    \35\ See 44 U.S.C. 3506(c). (2000).
---------------------------------------------------------------------------

    71. For submitting comments concerning the collections of 
information and the associated burden estimate(s), please send your 
comments to the contact listed above and to the Office of Information 
and Regulatory Affairs, Office of Management and Budget, 725 17th 
Street, NW., Washington, DC 20503 [Attention: Desk Officer for the 
Federal Energy Regulatory Commission, phone (202) 395-4650, fax: (202) 
395-7285. Due to security concerns, comments should be sent 
electronically to the following e-mail address: [email protected]. Please reference the docket number of this 
rulemaking in your submission.

IV. Environmental Analysis

    72. 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.\36\ The 
Commission has categorically excluded certain actions from these 
requirements as not having a significant effect on the human 
environment. The actions proposed here fall within categorical 
exclusions in the Commission's regulations for rules that are 
clarifying, corrective, or procedural, for information gathering, 
analysis, and dissemination, and for sales, exchange, and 
transportation of natural gas that requires no construction of 
facilities. Therefore, an environmental assessment is unnecessary and 
has not been prepared in this NOPR.
---------------------------------------------------------------------------

    \36\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 
] 30,783 (1987).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act Certification

    73. The Regulatory Flexibility Act of 1980 (RFA) \37\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
The proposed rule will be applicable to all entities regulated by the 
Commission, a small number of which may be small businesses. The 
Commission finds that the regulations proposed here should not have a 
significant impact on these few small businesses as they should be able 
to acquire relevant software. Software to create XML files is available 
from several Internet Web sites as shareware or subject to low-cost 
licensing options. Moreover, by eliminating the requirement to file 
numerous paper copies of tariffs and documents associated with rate 
filings, these regulations are designed to reduce the filing burden on 
all companies, including small businesses. Accordingly, the Commission 
finds that these regulations will not impose a significant economic 
impact on small businesses and no regulatory flexibility analysis is 
required pursuant to Sec.  603 of the RFA.
---------------------------------------------------------------------------

    \37\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

VI. Comment Procedures

    74. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due May 29, 2008. Comments must refer to 
Docket No. RM01-5-000, and must include the commenter's name, the 
organization they represent, if applicable, and their address in their 
comments.
    75. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing 
formats. Documents created electronically using word processing 
software should be filed in native applications or print-to-PDF format 
and not in a scanned format. Commenters filing electronically do not 
need to make a paper filing.
    76. Commenters that are not able to file comments electronically 
must send an original and 14 copies of their comments to: Federal 
Energy Regulatory Commission, Secretary of the Commission, 888 First 
Street, NE., Washington, DC, 20426.
    77. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

VII. Document Availability

    78. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's 
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. 
Eastern time) at 888 First Street, NE., Room 2A, Washington DC 20426.
    79. From FERC's Home Page on the Internet, this information is 
available on eLibrary. The full text of this document is available on 
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or 
downloading. To access this document in eLibrary, type the docket 
number excluding the last three digits of this document in the docket 
number field.
    80. User assistance is available for eLibrary and the FERC's Web 
site during normal business hours from FERC Online Support at 202-502-
6652 (toll free at 1-866-208-3676) or e-mail at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. E-mail the Public Reference Room at 
[email protected].

[[Page 23148]]

List of Subjects

18 CFR Part 35

    Electric power rates, Electric utilities, Reporting and 
recordkeeping requirements, Electricity, Incorporation by reference.

18 CFR Part 131

    Electric power.

18 CFR Part 154

    Natural gas, Pipelines, Reporting and recordkeeping requirements, 
Natural gas companies, Rate schedules and tariffs.

18 CFR Part 157

    Administrative practice and procedure, Natural gas, Reporting and 
recordkeeping requirements.

18 CFR Part 250

    Natural gas, Reporting and recordkeeping requirements.

18 CFR Part 281

    Natural gas, Reporting and recordkeeping requirements.

18 CFR Part 284

    Continental shelf, Natural gas, Reporting and recordkeeping 
requirements, Incorporation by reference.

18 CFR Part 300

    Administrative practice and procedure, Electric power rates, 
Reporting and recordkeeping requirements, Electricity.

18 CFR Part 341

    Maritime carriers, Pipelines, Reporting and recordkeeping 
requirements.

18 CFR Part 344

    Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 346

    Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 347

    Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 348

    Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 375

    Authority delegations (Government agencies), Seals and insignia, 
Sunshine Act, Electric power rates, Electric utilities, Reporting and 
recordkeeping requirements.

18 CFR Part 385

    Administrative practice and procedure, Electric power, Penalties, 
Pipelines, Reporting and recordkeeping requirements.

    By direction of the Commission.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission proposes to amend 
Parts 35, 131, 154, 157, 250, 281, 284, 300, 341, 344, 346, 347, 348, 
375 and 385, Chapter I, Title 18, Code of Federal Regulations, as 
follows.

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

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

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


Sec.  35.1  [Amended]

    2. Section 35.1 is amended as follows:
    a. In paragraphs (b) and (c) remove all references to 
``supplement''.
    b. In paragraph (c), the words ``Notices of Cancellation or 
Termination'' are removed and the words ``cancellation or termination'' 
are added in their place.
    3. Section 35.2 is amended as follows:
    a. In paragraph (b), remove and reserve footnote 1.
    b. Paragraphs (c), (d), and (e) are redesignated as paragraphs (d), 
(e), and (f) respectively.
    c. In redesignated paragraphs (d) and (f), the words ``rate 
schedule'' are removed and the words ``rate schedule or tariff'' are 
added in their place.
    d. Paragraph (c) is added, and redesignated paragraph (e) is 
revised to read as follows:


Sec.  35.2  Definitions.

* * * * *
    (c) Tariff. The term ``tariff'' means a compilation of rate 
schedules, service agreements, and other schedules of a public utility.
* * * * *
    (e) Posting. (1) The term ``posting'' as used in this part shall 
mean:
    (i) Keeping a copy of every rate schedule, service agreement, or 
tariff of a public utility as currently on file, or as tendered for 
filing, with the Commission open and available during regular business 
hours for public inspection in a convenient form and placed at the 
public utility's principal and district or division offices in the 
territory served, and
    (ii) Serving each purchaser under a rate schedule, service 
agreement, or tariff either electronically or by mail in accordance 
with the service regulations in part 385 of this chapter with a copy of 
the rate schedule, service agreement, or tariff. Posting shall include, 
in the event of the filing of increased rates or charges, serving 
either electronically or by mail in accordance with the service 
regulations in part 385 of this chapter each purchaser under a rate 
schedule or schedules proposed to be changed and to each State 
Commission within whose jurisdiction such purchaser or purchasers 
distribute and sell electric energy at retail, a copy of the rate 
schedule showing such increased rates or charges, comparative billing 
data as required under this part, and, if requested by a purchaser or 
State Commission, a copy of the supporting data required to be 
submitted to this Commission under this part. Upon direction of the 
Secretary, the public utility shall serve copies of rate schedules, 
service agreements, or tariffs, and supplementary data, upon designated 
parties other than those specified herein.
    (2) Unless it seeks a waiver of electronic service, each customer, 
State Commission, or other party entitled to service under this 
paragraph (e) must notify the company of the e-mail address to which 
service should be directed. A customer, State Commission, or other 
party may seek a waiver of electronic service by filing a waiver 
request under part 390 of this chapter providing good cause for its 
inability to accept electronic service.
* * * * *
    4. Section 35.3(a) is revised to read as follows:


Sec.  35.3  Notice requirements.

    (a) Rate schedules or tariffs. All rate schedules or tariffs or any 
part thereof shall be tendered for filing with the Commission and 
posted not less than sixty days nor more than one hundred-twenty days 
prior to the date on which the electric service is to commence and 
become effective under an initial rate schedule or the date on which 
the filing party proposes to make any change in electric service and/or 
rate, charge, classification, practice, rule, regulation, or contract 
effective as a change in rate schedule, except as provided in paragraph 
(b) of this section, or unless a different period of time is permitted 
by the Commission. Nothing herein shall be construed as in any way 
precluding a public utility from entering into agreements which, under 
this section, may not be filed at the time of execution thereof by 
reason of the aforementioned sixty to one hundred-twenty day prior 
filing requirements. The proposed effective date of any rate

[[Page 23149]]

schedule or tariff filing having a filing date in accordance with Sec.  
35.2(d) may be deferred by making a filing requesting deferral prior to 
its acceptance by the Commission.
* * * * *
    5. Section 35.7 is revised to read as follows:


Sec.  35.7  Electronic filing requirements.

    (a) General rule. All filings made in proceedings initiated under 
this part must be made electronically, including tariffs, rate 
schedules, service agreements, and contracts, or parts thereof, and 
material that relates to or bears upon such documents, such as 
cancellations, amendments, withdrawals, termination, or adoption of 
tariffs. Paper submittals are not required.
    (b) Requirement for signature. All filings must be signed in 
compliance with the following:
    (1) The signature on a filing constitutes a certification that: the 
contents are true and correct to the best knowledge and belief of the 
signer; and that the signer possesses full power and authority to sign 
the filing.
    (2) A filing must be signed by one of the following:
    (i) The person on behalf of whom the filing is made;
    (ii) An officer, agent, or employee of the company, governmental 
authority, agency, or instrumentality on behalf of which the filing is 
made; or,
    (iii) A representative qualified to practice before the Commission 
under Sec.  385.2101 of this chapter who possesses authority to sign.
    (3) All signatures on the filing or any document included in the 
filing must comply, where applicable, with the requirements in part 385 
of this chapter with respect to sworn declarations or statements and 
electronic signatures.
    (c) Format requirements for electronic filing. The requirements and 
formats for electronic filing are listed in instructions for electronic 
filing and for each form. These formats are available on the Internet 
at http://www.ferc.gov and can be obtained at the Federal Energy 
Regulatory Commission, Public Information and Reference Branch, 888 
First Street, NE., Washington, DC 20426.
    6. In Sec.  35.8, the section heading is revised to read as set 
forth below, paragraph (b) is removed, and the designation ``(a)'' is 
removed from paragraph (a).


Sec.  35.8  Protests and interventions by interested parties.

* * * * *
    7. Section 35.9 is revised to read as follows:


Sec.  35.9  Requirements for filing rate schedules and tariffs.

    (a) All rate schedules, tariffs, and service agreements may be 
filed either by dividing the rate schedule, tariff, or agreements into 
individual tariff sheets, or tariff sections, or as an entire document 
except as provided in paragraphs (b) and (c) of this section.
    (b) Open Access Transmission Tariffs (OATT) filed by utilities that 
are not Independent System Operators or Regional Transmission 
Organizations must be filed either as individual sheets or sections. If 
filed as sections, the sections must be no larger than the 1.0 level 
with single sections for each schedule or attachment. Individual 
agreements that are part of the OATT may be filed as entire documents.
    (c) Open Access Transmission Tariffs and other open access 
documents filed by Independent System Operators or Regional 
Transmission Organizations must be filed either as individual sheets or 
sections. If filed as sections, the sections must be no larger than the 
1.1 level including schedules or attachments. Individual agreements 
that are part of the OATT may be filed as entire documents.
    8. In Sec.  35.10, paragraphs (b) and (c) are revised to read as 
follows:


Sec.  35.10  Form and style of rate schedules and tariffs.

* * * * *
    (b) At the time a public utility files with the Commission and 
posts under this part to supersede, supplement, or otherwise change the 
provisions of a rate schedule, tariff, or service agreement previously 
filed with the Commission under this part, in addition to the other 
requirements of this part, it must list in the transmittal letter the 
pages or sections revised and file a marked version of the rate 
schedule or tariff pages or sections showing additions and deletions. 
New language must be marked by either highlight, background shading, 
bold text, or underlined text. Deleted language must be marked by 
strike-through.
    (c) In any filing to supersede, supplement, or otherwise change the 
provisions of a rate schedule, tariff, or service agreement previously 
filed with the Commission under this part, only those revisions 
appropriately designated and marked under paragraph (b) of this section 
constitute the filing. Revisions to unmarked portions of the rate 
schedule or tariff are not considered part of the filing nor will any 
acceptance of the filing by the Commission constitute acceptance of 
such unmarked changes.


Sec.  35.10a  [Amended]

    9. In Sec.  35.10a(b), the word ``Sec.  35.10(b)'' is removed and 
the word ``Sec.  35.7'' is added in its place.


Sec.  35.11  [Amended]

    10. In Sec.  35.11, the words ``purchasers under other rate 
schedules'' are removed and the words ``purchasers under other rate 
schedules or tariff provisions'' are added in their place.
    11. Amend Sec.  35.13 as follows:
    a. In paragraph (a) introductory text, remove the reference to 
``supplement,''.
    b. In paragraph (c)(1) introductory text, remove the reference to 
``or supplemented''.
    c. Revise the section heading to read as follows:


Sec.  35.13  Filing of changes in rate schedules or tariffs.

* * * * *
    12. In Sec.  35.15, paragraph (a), the first sentence is revised to 
read as follows:


Sec.  35.15  Notices of cancellation or termination.

    (a) General rule. When a rate schedule or tariff or part thereof 
required to be on file with the Commission is proposed to be cancelled 
or is to terminate by its own terms and no new rate schedule or tariff 
or part thereof is to be filed in its place, a filing must be made to 
cancel such rate schedule or tariff at least sixty days but not more 
than one hundred-twenty days prior to the date such cancellation or 
termination is proposed to take effect. * * *
* * * * *


Sec.  35.16  [Amended]

    13. In Sec.  35.16, the words ``on the form indicated in Sec.  
131.51 of this chapter'' are removed and the words ``with a tariff 
consistent with the electronic filing requirements in Sec.  35.7 of 
this part'' are added in their place.
    14. Section 35.17 is amended as follows:
    a. Paragraphs (a), (b), and (c) are redesignated as paragraphs (c), 
(d), and (e), respectively.
    b. The section heading is revised, and new paragraphs (a) and (b) 
are added to read as follows:


Sec.  35.17  Withdrawals and amendments of rate schedules or tariff 
filings.

    (a) Withdrawals of rate schedule or tariff filings prior to 
Commission action.
    (1) A public utility may withdraw in its entirety a rate schedule 
or tariff filing that has not become effective and upon which no 
Commission or delegated order has been issued by filing a withdrawal 
motion with the Commission. Upon the filing of such motion, the 
proposed rate schedule or

[[Page 23150]]

tariff sections will not become effective under section 205(d) of the 
Federal Power Act in the absence of Commission action making the rate 
schedule or tariff filing effective.
    (2) The withdrawal motion will become effective, and the rate 
schedule or tariff filing will be deemed withdrawn, at the end of 15 
days from the date of filing of the withdrawal motion, if no answer in 
opposition to the withdrawal motion is filed within that period and if 
no order disallowing the withdrawal is issued within that period. If an 
answer in opposition is filed within the 15 day period, the withdrawal 
is not effective until an order accepting the withdrawal is issued.
    (b) Amendments or modifications to rates or tariff sections prior 
to Commission action on the filing. A public utility may file to amend 
or modify a rate or tariff section contained in a rate schedule or 
tariff filing that has not become effective and upon which no 
Commission or delegated order has yet been issued. Such filing will 
toll the notice period in section 205(d) of the Federal Power Act for 
the original filing, and establish a new date on which the entire 
filing will become effective, in the absence of Commission action, no 
earlier than 61 days from the date of the filing of the amendment or 
modification.
* * * * *


Sec.  35.21  [Amended]

    15. In Sec.  35.21, footnote 5, to the words ``footnote 1 to'' are 
removed.


Sec.  35.23  [Amended]

    16. In Sec.  35.23, paragraph (b)(1)(ii), the word ``pages'' is 
removed and the words ``pages or sections'' are added in their place.


Sec. Sec.  35.1, 35.4, 35.5, 35.6, 35.11, 35.12, 35.13, and 
35.17  [Amended]

    17. In addition to the amendments set forth above, in 18 CFR part 
35, the following nomenclature changes are made to the sections 
indicated:
    a. In Sec. Sec.  35.1(b) and (c), 35.4, 35.6, 35.11, 35.12(a), 
35.13(a), 35.13(a)(1), 35.13(a)(2)(iii), 35.13(b)(1), 35.13(c)(1), 
35.17(c), 35.17(d), and 35.17(e), all references to ``rate schedule'' 
are removed and ``rate schedule or tariff'' is added in their place.
    b. In the headings of Sec. Sec.  35.17(c), 35.17(d), and 35.17(e), 
all references to ``rate schedules'' are removed and ``rate schedules 
or tariffs'' is added in their place.

PART 131--FORMS

    18. The authority citation for part 131 continues to read as 
follows:

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


Sec. Sec.  131.51 and 131.53  [Removed and Reserved]

    19. Sections 131.51 and 131.53 are removed and reserved.


Sec.  131.52  [Amended]

    20. In Sec.  131.52, the words ``(An original and one conformed 
copy to be submitted)'' are removed.

PART 154--RATE SCHEDULES AND TARIFFS

    21. The authority citation for part 154 continues to read as 
follows:

    Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.


Sec.  154.2  [Amended]

    22. In Sec.  154.2, paragraph (b), the words ``either in book form 
or'' are removed.
    23. Section 154.4 is revised to read as follows:


Sec.  154.4  Electronic filing of tariffs and related materials.

    (a) General rule. All filings made in proceedings initiated under 
this part must be made electronically, including tariffs, rate 
schedules, service agreements, and contracts, or parts thereof, and 
material that relates to or bears upon such documents, such as 
cancellations, amendments, withdrawals, termination, or adoption of 
tariffs. Paper submittals are not required.
    (b) Requirement for signature. All filings must be signed in 
compliance with the following:
    (1) The signature on a filing constitutes a certification that the 
contents are true to the best knowledge and belief of the signer, and 
that the signer possesses full power and authority to sign the filing.
    (2) A filing must be signed by one of the following:
    (i) The person on behalf of whom the filing is made;
    (ii) An officer, agent, or employee of the company, governmental 
authority, agency, or instrumentality on behalf of which the filing is 
made; or,
    (iii) A representative qualified to practice before the Commission 
under Sec.  385.2101 of this chapter who possesses authority to sign.
    (3) All signatures on the filing or any document included in the 
filing must comply, where applicable, with the requirements in Sec.  
385.2005 of this chapter with respect to sworn declarations or 
statements and electronic signatures.
    (c) Format requirements for electronic filing. The requirements and 
formats for electronic filing are listed in instructions for electronic 
filing and for each form. These formats are available on the Internet 
at http://www.ferc.gov and can be obtained at the Federal Energy 
Regulatory Commission, Public Information and Reference Branch, 888 
First Street, NE., Washington, DC 20426.


Sec.  154.5  [Amended]

    24. In Sec.  154.5, the words ``375.307 (b)(2)'' are removed and 
the words ``part 375'' are added in their place.


Sec.  154.101  [Removed and Reserved]

    25. Section 154.101 is removed and reserved.
    26. Section 154.102 is revised to read as follows:


Sec.  154.102  Requirements for filing rate schedules and tariffs.

    (a) All rates schedules, tariffs, and service agreements may be 
filed either by dividing the rate schedule, tariff, or agreement into 
individual tariff sheets, or tariff sections, or as an entire document 
except as provided in paragraph (b) of this section.
    (b) Open Access Transmission Tariffs must be filed either as 
individual sheets or sections. If filed as sections, each section must 
include only material of related subject matter and must be of 
reasonable length. Individual negotiated rate agreements, non-
conforming service agreements, or other agreements that are included in 
the tariff may be filed as entire documents.
    27. Section 154.104 is revised to read as follows:


Sec.  154.104  Table of contents.

    The table of contents must contain a list of the rate schedules, 
sections of the general terms and conditions, and other sections in the 
order in which they appear, showing the sheet number of the first page 
of each section or the section number. The list of rate schedules must 
consist of: The alphanumeric designation of each rate schedule, a very 
brief description of the service, and the sheet number of the first 
page of each rate schedule or the section number.


Sec.  154.106  [Amended]

    28. In Sec.  154.106, paragraph (b) is removed and reserved.


Sec.  154.112  [Amended]

    29. Amend Sec.  154.112 as follows:
    a. In paragraph (a) remove the word ``page'' and add in its place 
``page or section''.

[[Page 23151]]

    b. In paragraph (a) remove the words ``or insert sheets'' and add 
in their place ``inserted sheets or sections''.
    30. Section 154.201 (a) is revised to read as follows:


Sec.  154.201  Filing requirements.

* * * * *
    (a) A list in the transmittal letter of the tariff pages or 
sections being revised and a marked version of the pages or sections to 
be changed or superseded showing additions and deletions. New numbers 
and text must be marked by either highlight, background shading, bold, 
or underline. Deleted text and numbers must be indicated by strike-
through. Only those revisions appropriately designated and marked 
constitute the filing. Revisions to unmarked portions of the rate 
schedule or tariff are not considered part of the filing nor will any 
acceptance of the filing by the Commission constitute acceptance of 
such unmarked changes.
* * * * *
    31. Section 154.205 is amended as follows:
    a. Paragraphs (a), (b), and (c) are redesignated as paragraphs (c), 
(d), and (e), respectively.
    b. The section heading is revised, and paragraphs (a) and (b) are 
added to read as follows:


Sec.  154.205  Withdrawals and amendments of tariff filings and 
executed service agreements.

    (a) Withdrawals of tariff filings or service agreements prior to 
Commission action. (1) A natural gas company may withdraw in its 
entirety a tariff filing or executed service agreement that has not 
become effective and upon which no Commission or delegated order has 
been issued by filing a withdrawal motion with the Commission. Upon the 
filing of such motion, the proposed tariff sections or service 
agreements will not become effective under section 4(d) of the Natural 
Gas Act in the absence of Commission action making the rate schedule or 
tariff filing effective.
    (2) The withdrawal motion will become effective, and the rate 
schedule or tariff filing will be deemed withdrawn, at the end of 15 
days from the date of filing of the withdrawal motion, if no answer in 
opposition to the withdrawal motion is filed within that period and if 
no order disallowing the withdrawal is issued within that period. If an 
answer in opposition is filed within the 15 day period, the withdrawal 
is not effective until an order accepting the withdrawal is issued.
    (b) Amendments or modifications to tariff sections or service 
agreements prior to Commission action on a tariff filing. A natural gas 
company may file to amend or modify a tariff or service agreement 
contained in a tariff filing upon which no Commission or delegated 
order has yet been issued. Such filing will toll the notice period in 
section 4(d) of the Natural Gas Act for the original filing, and 
establish a new date on which the entire filing will become effective, 
in the absence of Commission action, no earlier than 31 days from the 
date of the filing of the amendment or modification.
* * * * *
    32. In Sec.  154.208, paragraph (d) is revised and paragraphs (e) 
and (f) are added to read as follows:


Sec.  154.208  Service on customers and other parties.

* * * * *
    (d) A customer or other party may designate a recipient of service. 
The filing company must serve the designated recipient, in accordance 
with this section, instead of the customer or other party. For the 
purposes of this section, service upon the designated recipient will be 
deemed service upon the customer or other party.
    (e) The company may choose to effect service either electronically 
or by paper. Such service must be made in accordance with the 
requirements of part 385 of this chapter.
    (f) Unless it seeks a waiver of electronic service, each customer 
or party entitled to service under this section must notify the company 
of the e-mail address to which service should be directed. A customer 
or party may seek a waiver of electronic service by filing a waiver 
request under part 390 of this chapter, providing good cause for its 
inability to accept electronic service.


Sec.  154.209  [Removed and Reserved]

    33. Section 154.209 is removed and reserved.


Sec.  154.402  [Amended]

    34. In Sec.  154.402, paragraph (b)(1), the word ``schedules'' is 
removed and the words ``rate schedules'' are added in its place.


Sec.  154.602  [Amended]

    35. Section 154.602 is amended by removing the phrase ``on the form 
indicated in Sec.  250.2 or Sec.  250.3 of this chapter, whichever is 
applicable'' and adding in its place the phrase ``tariff filing in the 
electronic format required by Sec.  154.4''.
    36. Section 154.603 is revised as follows:


Sec.  154.603  Adoption of the tariff by a successor.

    Whenever the tariff or contracts of a natural gas company on file 
with the Commission is to be adopted by another company or person as a 
result of an acquisition, or merger, authorized by a certificate of 
public convenience and necessity, or for any other reason, the 
succeeding company must file with the Commission, and post within 30 
days after such succession, a tariff filing in the electronic format 
required by Sec.  154.4 bearing the name of the successor company.


Sec. Sec.  154.7, 154.111, 154.202, 154.206, 154.208, 154.402, and 
154.403  [Amended]

    37. In addition to the amendments set forth above, in 18 CFR part 
154, the following nomenclature changes are made to the sections as 
amended:
    a. In Sec. Sec.  154.7(a)(5), 154.111(c), 154.202(b), 154.206(a), 
154.208(a), all references to ``sheets'' are removed and ``sheets or 
sections'' is added in their place.
    b. In Sec. Sec.  154.402(b) introductory text, 154.402(b)(3), 
154.403(b), all references to ``sheet'' are removed and ``sheet or 
section'' is added in their place.

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND 
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER 
SECTION 7 OF THE NATURAL GAS ACT

    38. The authority citation for part 157 continues to read as 
follows:

    Authority: 15 U.S.C. 717-717w.

    39. Amend Sec.  157.217 by adding a sentence to the end of 
paragraph (a)(4) to read as follows:


Sec.  157.217  Changes in rate schedules.

    (a) * * *
    (4) * * * This tariff filing must be filed in the electronic format 
required by Sec.  154.4 of this chapter.
* * * * *

PART 250--FORMS

    40. The authority citation for part 250 continues to read as 
follows:

    Authority: 15 U.S.C. 717-717w; 3301-3432; 42 U.S.C. 7101-7352.


Sec. Sec.  250.2, 250.3, and 250.4  [Removed and Reserved]

    41. Sections 250.2, 250.3, and 250.4 are removed and reserved.

[[Page 23152]]

PART 281--NATURAL GAS CURTAILMENT UNDER THE NATURAL GAS POLICY ACT 
OF 1978

    42. The authority citation for part 281 continues to read as 
follows:

    Authority: 15 U.S.C. 717-717w; 3301-3432; 16 U.S.C. 2601-2645; 
42 U.S.C. 7101-7352.

    43. In Sec.  281.204, the first sentence in paragraph (a) is 
revised to read as follows:


Sec.  281.204  Tariff filing requirements.

    (a) General Rule. Each interstate pipeline listed in Sec.  281.202 
shall file tariff sheets, in accordance with Sec.  154.4 of this 
chapter, including an index of entitlements, which provides that if the 
interstate pipeline is in curtailment, natural gas will be delivered in 
accordance with the provisions of this subpart. * * *
* * * * *


Sec. Sec.  281.204, 281.212, 281.213  [Amended]

    44. In addition to the amendments set forth above, in 18 CFR part 
281, the following nomenclature changes are made to the sections as 
amended:
    a. In Sec. Sec.  281.204(a), 281.212(a), 281.212(b), 281.212(c), 
281.213(b), 281.213(d), 281.213(e), all references to ``sheets'' are 
removed and ``sheets or sections'' is added in their place.
    b. In Sec.  281.212, the section heading is amended to remove the 
reference to ``sheets.''

PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE 
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES

    45. The authority citation for part 284 continues to read as 
follows:

    Authority: 15 U.S.C. 717-717w; 3301-3432; 42 U.S.C. 7101-7352; 
43 U.S.C. 1331-1356.

    46. In Sec.  284.123, paragraph (e) is revised and paragraph (f) is 
added to read as follows:


Sec.  284.123  Rates and charges.

* * * * *
    (e) Filing requirements. Within 30 days of commencement of new 
service, any intrastate pipeline that engages in transportation 
arrangements under this subpart must file with the Commission a 
statement that includes the pipeline's interstate rates, the rate 
election made pursuant to paragraph (b) of this section, and a 
description of how the pipeline will engage in these transportation 
arrangements, including operating conditions, such as, quality 
standards and financial viability of the shipper. If the pipeline 
changes its operations, rates, or rate election under this subpart, it 
must amend the statement and file such amendments not later than 30 
days after commencement of the change in operations or the change in 
rate election.
    (f) Electronic filing of statements, and related materials. (1) 
General rule. All filings made in proceedings initiated under this part 
must be made electronically, including rates and charges, or parts 
thereof, and material related thereto, statements, and all workpapers. 
Paper submittals are not required to be filed.
    (2) Requirements for signature. All filings must be signed in 
compliance with the following:
    (i) The signature on a filing constitutes a certification that the 
contents are true to the best knowledge and belief of the signer, and 
that the signer possesses full power and authority to sign the filing.
    (ii) A filing must be signed by one of the following:
    (A) The person on behalf of whom the filing is made;
    (B) An officer, agent, or employee of the company, governmental 
authority, agency, or instrumentality on behalf of which the filing is 
made; or,
    (C) A representative qualified to practice before the Commission 
under Sec.  385.2101 of this chapter who possesses authority to sign.
    (iii) All signatures on the filing or any document included in the 
filing must comply, where applicable, with the requirements in Sec.  
385.2005 of this chapter with respect to sworn declarations or 
statements and electronic signatures.
    (3) Format requirements for electronic filing. The requirements and 
formats for electronic filing are listed in instructions for electronic 
filing and for each form. These formats are available on the Internet 
at http://www.ferc.gov and can be obtained at the Federal Energy 
Regulatory Commission, Public Information and Reference Branch, 888 
First Street, NE., Washington, DC 20426.
    47. In Sec.  284.224, paragraph (e)(5) is revised to read as 
follows:


Sec.  284.224  Certain transportation and sales by local distribution 
companies.

* * * * *
    (e) * * *
    (5) Filing Requirements. Filings under this section must comply 
with the requirements of Sec.  284.123(f) of this part. The tariff 
filing requirements of part 154 of this chapter shall not apply to 
transactions authorized by the blanket certificate.
* * * * *

PART 300--CONFIRMATION AND APPROVAL OF THE RATES OF FEDERAL POWER 
MARKETING ADMINISTRATIONS

    48. The authority citation for part 300 continues to read as 
follows:

    Authority: 16 U.S.C. 825s, 832-832l, 838-838k, 839-839h; 42 
U.S.C. 7101-7352; 43 U.S.C. 485-485k.

    49. In Sec.  300.10, paragraph (a)(4) is added to read as follows:


Sec.  300.10  Application for confirmation and approval.

    (a) * * *
    (4) Electronic filing. All material must be filed electronically in 
accordance with the requirements of Sec.  35.7 of this chapter. Paper 
submittals are not required to be filed.
* * * * *

PART 341--OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO 
SECTION 6 OF THE INTERSTATE COMMERCE ACT

    50. The authority citation for part 341 continues to read as 
follows:

    Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 1-27.

    51. In Sec.  341.0, paragraph (a)(11) is revised and paragraph 
(a)(13) is added to read as follows:


Sec.  341.0  Definitions; application.

    (a) * * *
    (11) Tariff publication means all parts of a filed tariff, 
including revised pages, and supplements and sections.
* * * * *
    (13) Section means an individual portion of a tariff that is 
tracked and accorded appropriate legal status (proposed, suspended, 
effective). A section is the smallest portion of a tariff that can be 
submitted as part of a tariff filing.
* * * * *
    52. Section 341.1 is revised to read as follows:


Sec.  341.1  Electronic filing of tariffs and related materials.

    (a) General rule. All filings of tariff publications and related 
materials made in proceedings initiated under this part must be made 
electronically. Paper submittals are not required.
    (b) Requirement for signature. All filings must be signed in 
compliance with the following:
    (1) The signature on a filing constitutes a certification that the 
contents are true to the best knowledge and belief of the signer, and 
that the signer possesses full power and authority to sign the filing.

[[Page 23153]]

    (2) A filing must be signed by one of the following:
    (i) The person on behalf of whom the filing is made;
    (ii) An officer, agent, or employee of the company, governmental 
authority, agency, or instrumentality on behalf of which the filing is 
made; or,
    (iii) A representative qualified to practice before the Commission 
under Sec.  385.2101 of this chapter who possesses authority to sign.
    (3) All signatures on the filing or any document included in the 
filing must comply, where applicable, with the requirements in Sec.  
385.2005 of this chapter with respect to sworn declarations or 
statements and electronic signatures.
    (c) Format requirements for electronic filing. The requirements and 
formats for electronic filing are listed in instructions for electronic 
filing and for each form. These formats are available on the Internet 
at http://www.ferc.gov and can be obtained at the Federal Energy 
Regulatory Commission, Public Information and Reference Branch, 888 
First Street, NE., Washington, DC 20426.
    53. Section 341.2 is amended as follows:
    a. Paragraph (c)(3) is removed.
    b. In paragraph (c)(1), the reference to `` or supplement numbers'' 
is removed and ``supplemental numbers, or tariff sections'' is added in 
its place.
    c. Paragraphs (a) and (c)(2) are revised to read as follows:


Sec.  341.2  Filing requirements.

    (a) Service of filings. (1) Carriers must serve tariff publications 
and justifications to each shipper and subscriber. The company may 
choose to effect service either electronically or by paper. Such 
service shall be made in accordance with the requirements of part 385 
of this chapter.
    (2) Unless it seeks a waiver of electronic service, each customer 
or party entitled to service under this paragraph (a) must notify the 
company of the email address to which service should be directed. A 
customer or party may seek a waiver of electronic service by filing a 
waiver request under part 390 of this chapter providing good cause for 
its inability to accept electronic service.
* * * * *
    (c) * * *
    (2) Certification. Letters of transmittal must certify that the 
filing has been sent to each subscriber of the tariff publication 
pursuant to paragraph (a) of this section. If there are no subscribers, 
letters of transmittal must so certify.
    54. In Sec.  341.3, paragraphs (a), (b)(6)(ii), and (b)(10)(i) are 
revised, and paragraph (b)(10)(vi) is added to read as follows.


Sec.  341.3  Form of tariff.

    (a) Tariffs may be filed either by dividing the tariff into 
individual loose-leaf tariff sheets or tariff sections, or as an entire 
document.
    (b) * * *
    (6) * * *
    (ii) Each rule must be given a separate item number, (e.g., Item 
No. 1), and the title of each rule must be distinctive.
* * * * *
    (10) * * *
    (i) All tariff publications must identify where changes have been 
made in existing rates or charges, rules, regulations or practices, or 
classifications. One of the following letter designations or uniform 
symbols may be used to indicate the change, and insertions, other than 
to tables and rates, must be indicated by either highlight, background 
shading, bold, or underline, with deleted text indicated by strike-
through.:

------------------------------------------------------------------------
           Description                 Option 1            Option 2
------------------------------------------------------------------------
Increase........................  ......  [I]
Decrease........................  ~.................  [D]
Change in wording only..........  -.................  [W]
Cancel..........................  {time} ...........  [C]
Reissued Item...................  =.................  [R]
Unchanged Rate..................  {.................  [U]
New.............................  *.................  [N]
------------------------------------------------------------------------

* * * * *
    (vi) Only revisions that are marked appropriately constitute the 
filing. Revisions to unmarked portions of the rate schedule or tariff 
are not considered part of the filing nor will any acceptance of the 
filing by the Commission constitute acceptance of such unmarked 
changes.
* * * * *


Sec.  341.4  [Amended]

    55. In Sec.  341.4, paragraph (c) is removed and reserved.
    56. In Sec.  341.13, paragraph (a) and paragraph (b) introductory 
text are revised to read as follows:


Sec.  341.13  Withdrawal of proposed tariff publications.

    (a) Proposed tariff publications. A proposed tariff publication 
which is not yet effective may be withdrawn at any time by filing a 
notice with the Commission with a certification that all subscribers 
have been notified by copy of such withdrawal.
    (b) Tariff publications that are subject to investigation. A tariff 
publication that has been permitted to become effective subject to 
investigation may be withdrawn at any time by filing a notice with the 
Commission, which includes a transmittal letter, a certification that 
all subscribers have been notified of the withdrawal, and the previous 
tariff provisions that are to be reinstated upon withdrawal of the 
tariff publication under investigation. Such withdrawal shall be 
effective immediately upon the submission of the notice, unless a 
specific effective date is set forth in the notice, and must have the 
following effects:
* * * * *

PART 344--FILING QUOTATIONS FOR U.S. GOVERNMENT SHIPMENTS AT 
REDUCED RATES

    57. The authority citation for part 344 continues to read as 
follows:

    Authority: 42 U.S. 7101-7352; 49 U.S.C. 1-27.

    58. Amend Sec.  344.2 as follows:
    a. Remove and reserve paragraph (b).
    b. Revise paragraphs (a) and (c) to read as follows:


Sec.  344.2  Manner of submitting quotations.

    (a) The quotation or tender must be submitted to the Commission 
concurrently with the submittal of the quotation or tender to the 
Federal department or agency for whose account the quotation or tender 
is offered or the proposed services are to be rendered.
    (b) [Reserved]
    (c) Filing procedure. (1) The quotation must be filed with a letter 
of transmittal that prominently indicates that the

[[Page 23154]]

filing is in accordance with section 22 of the Interstate Commerce Act.
    (2) All filings pursuant to this part must be filed electronically 
consistent with Sec. Sec.  341.1 and 341.2 of this chapter.
* * * * *

PART 346--OIL PIPELINE COST-OF-SERVICE FILING REQUIREMENTS

    59. The authority citation for part 346 continues to read as 
follows:

    Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 
1-85.

    60. In Sec.  346.1, the introductory text is revised to read as 
follows:


Sec.  346.1  Content of filing for cost-of-service rates.

    A carrier that seeks to establish rates pursuant to Sec.  342.2(a) 
of this chapter, or a carrier that seeks to change rates pursuant to 
Sec.  342.4(a) of this chapter, or a carrier described in Sec.  
342.0(b) of this chapter that seeks to establish or change rates by 
filing cost, revenue, and throughput data supporting such rates, other 
than pursuant to a Commission-approved settlement, must file, 
consistent with the requirements of Sec. Sec.  341.1 and 341.2 of this 
chapter:
* * * * *

PART 347--OIL PIPELINE DEPRECIATION STUDIES

    61. The authority citation for part 347 continues to read as 
follows:

    Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 
1-85.

    62. In Sec.  347.1, remove and reserve paragraph (b), remove the 
last two sentences of paragraph (c), and revise paragraph (a) to read 
as follows:


Sec.  347.1  Material to support request for newly established or 
changed property account depreciation studies.

    (a) Means of filing. Filing of a request for new or changed 
property account depreciation rates must be made under this part 347 
and must be consistent with Sec. Sec.  341.1 and 341.2 of this chapter.
* * * * *
    b. Remove and reserve paragraph (b).
    c. In paragraph (c), remove the last two sentences.

PART 348--OIL PIPELINE APPLICATIONS FOR MARKET POWER DETERMINATIONS

    63. The authority citation for part 348 continues to read as 
follows:

    Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 
1-85.

    64. In Sec.  348.2, paragraphs (a) and (c) are revised to read as 
follows:


Sec.  348.2  Procedures.

    (a) A carrier must file in the manner provided by Sec. Sec.  341.1 
and 341.2 of this chapter. A carrier must submit with its application 
any request for privileged treatment of documents and information under 
Sec.  388.112 of this chapter and a proposed form of protective 
agreement.
* * * * *
    (c) A letter of transmittal must describe the market-based rate 
filing, including an identification of each rate that would be market-
based, and the pertinent tariffs, state if a waiver is being requested 
and specify the statute, section, subsection, regulation, policy or 
order requested to be waived. Letters of transmittal must be certified 
pursuant to Sec.  341.1(b) of this chapter.
* * * * *

PART 375--THE COMMISSION

    65. The authority citation for part 375 continues to read as 
follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.

    66. Amend Sec.  375.307 as follows:
    a. Paragraph (b)(1)(i) is amended by removing the word ``and'' from 
the end of the paragraph.
    b. Paragraph (b)(1)(ii) is amended by removing the period at the 
end of the paragraph and adding ``; and'' in its place.
    c. Paragraph (b)(1)(iii) is added to read as follows:


Sec.  375.307  Delegations to the Director of the Office of Energy 
Market Regulation.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Filings for administrative revisions to electronic filed 
tariffs.
* * * * *

PART 385--RULES OF PRACTICE AND PROCEDURE

    67. The authority citation for part 385 continues to read as 
follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16 
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 
42 U.S.C. 7101-7352, 16441,16451-16463; 49 U.S.C. 60502; 49 App. 
U.S.C. 1-85 (1988).


Sec.  385.203  [Amended]

    68. In Sec.  385.203, paragraph (a)(4), the reference to ``sheets'' 
is removed and ``sheets or sections'' is added in its place.
    69. In Sec.  385.215, paragraph (a)(2) is amended to add a first 
sentence to read as follows:


Sec.  385.215  Amendment of pleadings and tariff or rate filings (Rule 
215).

    (a) * * *
    (2) A tariff or rate filing may be amended or modified only as 
provided in the regulations under this chapter. * * *
* * * * *
    70. In Sec.  385.216, the heading and paragraph (a) is revised to 
read as follows:


Sec.  385.216  Withdrawal of pleadings and tariff or rate filings (Rule 
216).

    (a) Filing. Any participant, or any person who has filed a timely 
motion to intervene which has not been denied, may seek to withdraw a 
pleading by filing a notice of withdrawal. The procedures provided in 
this section do not apply to withdrawals of tariff or rate filings, 
which may be withdrawn only as provided in the regulations under this 
chapter.
* * * * *


Sec.  385.217  [Amended]

    71. In Sec.  385.217, paragraph (d)(1)(iii), the reference to 
``sheets'' is removed and ``sheets or sections'' is added in its place.


Sec.  385.2011  [Amended]

    72. In Sec.  385.2011, paragraph (b)(1) is removed and reserved, 
and paragraphs (b)(4) and (b)(5) are removed.

 [FR Doc. E8-9297 Filed 4-28-08; 8:45 am]
BILLING CODE 6717-01-P