[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Rules and Regulations]
[Pages 57515-57538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22500]


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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; Order No. 714]


Electronic Tariff Filings

Issued September 19, 2008.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission is revising its 
regulations to require that all tariffs and tariff revisions and rate 
change applications for the public utilities, natural gas pipelines, 
oil pipelines and power administrations be filed electronically 
according to a set of standards developed in conjunction with the North 
American Energy Standards Board. This rule is part of the Commission's 
efforts to comply with the Paperwork Reduction Act, the Government 
Paperwork Elimination Act (GPEA), and the E-Government Act of 2002 by 
developing the capability to file electronically with the Commission 
via the Internet. Electronic filing reduces physical storage space 
needs and document processing time, provides for easier tracking of 
document filing activity; potentially reduces mailing and courier fees; 
allows concurrent access to the tariff filing by multiple parties as 
well as the ability to download and print tariff filings; and provides 
automatic e-mail notification to an applicant of receipt of the filing 
and whether or not it has been accepted. Upon implementation of this 
rule, the Commission will no longer accept tariff filings submitted in 
paper format.

DATES: Effective Dates: This rule will become effective November 3, 
2008. Implementation will begin April 1, 2010 pursuant to a six month 
staggered schedule.

FOR FURTHER INFORMATION CONTACT:
H. Keith Pierce (Technical Information), Office of Energy Market 
Regulation, 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: 

                            Table of Contents
 
                                                              Paragraph
                                                                number
 
I. Background..............................................           2.
II. Discussion.............................................           9.
    A. Electronic Filing Requirements......................          15.
        1. Companies Required to File Tariffs                        15.
         Electronically....................................
        2. Procedures for Making Tariff Filings............          16.
        3. XML Schema and Tariff Database..................          23.
    B. Tariff Filing Requirements..........................          33.
        1. Sheets or Section Filing Requirements...........          35.
        2. Gas and Electric Open Access Transmission                 40.
         Tariffs...........................................
        3. Versioning......................................          46.
        4. Marked Tariff Changes...........................          52.
        5. Clean Tariff Sheets Filed as Attachments........          58.
        6. Joint, Shared, and Section 206 Filings..........          60.
            a. Joint Tariff Filings........................          61.
            b. Shared Tariffs..............................          65.
            c. Section 206 Filings Related to ISOs/RTOs....          74.
    C. Other Business Practice Changes.....................          77.
        1. Electronic Service..............................          77.
        2. Attachment Documents............................          79.
        3. Withdrawal of Pending Tariff Filings and                  80.
         Amendments to Tariff Filings......................
        4. Motions.........................................          83.
        5. Rate Sheets for Tariff Filings by Intrastate and          84.
         Hinshaw Pipelines.................................
    D. Regulatory Text.....................................          86.
    E. Transition Procedures...............................          87.
        1. Testing of Software.............................          87.
        2. Baseline Tariff Filings.........................          92.
        3. Implementation Date for eTariff.................         102.
III. Information Collection Statement......................         105.
    A. Comments on the NOPR's Burden Estimates.............         107.

[[Page 57516]]

 
    B. Burden Estimates....................................         113.
IV. Environmental Analysis.................................         119.
V. Regulatory Flexibility Act..............................         120.
VI. Document Availability..................................         122.
VII. Effective Date and Congressional Notification.........         125.
Regulatory Text............................................
Appendix...................................................
 


Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. 
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.

    1. The Commission in the last several years has expanded its 
capability to accept electronic filings. As part of this process, the 
Commission has sought to develop a means by which publicly regulated 
utilities could file tariffs, rate schedules, and other jurisdictional 
contracts and agreements electronically in a fashion that would permit 
the Commission to assemble and organize the disparate pieces of these 
agreements for display and for use by the Commission and the public. 
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) developed 
a set of standards to be used by companies in making tariff and tariff 
related filings at the Commission. The Commission is adopting these 
standards as the requirement for making tariff and tariff related 
filings.

I. Background

    2. The development of these standards began in 2004 with a Notice 
of Proposed Rulemaking \1\ in which 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.
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    \1\ Electronic Tariff Filings, Notice of Proposed Rulemaking 69 
FR 43,929 (July 23, 2004) FERC Stats. & Regs., Proposed Regulations 
2004-2007 ] 32,575 (2004) (2004 NOPR), Notice of Additional 
Proposals and Procedures, 70 FR 40941 (July 15, 2005), FERC Stats. & 
Regs. ] 35,551 (2005) (2005 Notice). The 2004 NOPR was the result of 
an earlier Notice of Inquiry and Informal Conference in this same 
proceeding (Electronic Tariff Filings, 66 FR 15673 (March 20, 2001), 
FERC Stats. & Regs. ] 35,538, at 35,789-91 (2001)).
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    3. While some 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.
    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 industry, oil pipelines, intrastate natural gas 
pipelines, and third party software developers 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. Total attendance in all the 
meetings was 991 participants either in person or by electronic 
conferencing, with an average attendance of 62 people for each meeting.
    6. The committees determined not to use the Commission developed 
software, but instead to develop standards that would enable individual 
companies to develop or procure software for making tariff filings that 
would best meet the needs of each company's business requirements. 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.
    7. 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.''
    8. On April 17, 2008, the Commission issued a Supplemental Notice 
of Proposed Rulemaking (NOPR) proposing to use the NAESB developed 
standards as the means to effectuate electronic tariff filing.\2\ The 
NOPR also proposed solutions to several issues raised during the NAESB 
process, such as the filing process for shared and joint tariffs. 
Twenty comments were filed, with most generally favoring the use of the 
NAESB standards.\3\
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    \2\ As used in this Final Rule, the ``NAESB standards'' or 
``standards'' refer to a set of data elements and requirements that 
are posted on the Commission Web site. Instruction Manual for 
Electronic Filing of Parts 35, 154, 300, 341 and 284 Tariff Filings. 
(http://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=11683627)
    \3\ Appendix A lists the commenters and the abbreviations used 
for each.
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II. Discussion

    9. As the background indicated, this proceeding has followed a long 
and winding road, with a number of detours and U-turns, but we have 
reached the end of the road and are adopting a final set of standards 
for electronic tariff filings.\4\ We again want to thank

[[Page 57517]]

NAESB, its Board of Directors, and the numerous volunteers from across 
the spectrum of the gas, electric, and oil industries who were able to 
meet with staff and develop a set of standards and protocols that will 
achieve the Commission's goal of establishing a robust electronic 
filing environment for tariffs and tariff related material and will 
make it possible for the Commission staff and the public to retrieve 
this material from a database. We will adopt the standards and 
protocols developed through the NAESB collaborative process in place of 
providing Commission-created software. Adoption of these standards and 
protocols will provide each company with enhanced flexibility to 
develop software to better integrate tariff filings with their 
individual tariff maintenance and business needs. These standards and 
protocols also will provide an open platform permitting third-party 
software developers to create more efficient tariff filing and 
maintenance applications, which will spread the development costs over 
larger numbers of companies.
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    \4\ Smith v. Lachter (In re Smith), 352 B.R. 702 (B.A.P. 9th 
Cir. 2006) (``This matter is reminiscent of that old Beatles' 
standard, `The Long and Winding Road,' a brooding song about a road 
that never ends. One can only hope that, with this opinion, the end 
of the road is indeed in sight'').
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    10. Over the last few years, the Commission has greatly expanded 
its ability to accept electronically filed material, including 
interventions, protests, rehearings, complaints, and applications for 
certificates and licenses.\5\ We now are expanding these filings to 
include tariffs and tariff-related material, which comprise a large 
portion of the Commission's workload. But tariff filings raise special 
challenges that our current filing systems do not address. eLibrary is 
designed and works extremely well as a repository that stores, and 
permits retrieval of, all documents filed in individual docketed 
proceedings. But while an individual tariff filing is made in an 
individual docket, the tariff itself is an organically changing 
document that is comprised of individual filings made in many different 
dockets over time. 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. Indeed, for tariffs filed 
on paper, the Commission has managed these tariffs as a database by 
keeping tariff books, open to the public at our headquarters, in which 
new pages are inserted to replace old pages to reflect revisions, and 
such changes are recorded in ``numbering'' sheets to ensure that the 
tariff reflects the currently effective tariff.\6\ The standards we are 
adopting in this Final Rule merely replace this paper system with a 
very similar electronic database that will similarly track the tariff 
submissions and tariff history, but in a form that will make tariff 
information more widely available over the Internet.
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    \5\ See Electronic Registration, Order No. 891, 67 FR 52,406 
(Aug. 12, 2002), FERC Stats. & Regs. ] 31,132 (2002); Electronic 
Filing of FERC Form 1, and Elimination of Certain Designated 
Schedules in Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093 (May 
23, 2002), FERC Stats. & Regs. ] 31,130 (2002); Electronic Service 
of Documents, 66 FR 50,591 (Oct. 4, 2001), FERC Stats. & Regs. ] 
35,539 (2001); Revised Public Utility Filing Requirements, Order No. 
2001, 67 FR 31,043 (May 8, 2002), FERC Stats. & Regs. ] 31,127 
(2002); Electronic Filing of Documents, Order No. 619, 65 FR 57,088 
(Sept. 21, 2000), FERC Stats. & Regs. ] 31,107 (2000); Electronic 
Notification of Commission Issuances, Notice of Proposed Rulemaking, 
FERC Stats. & Regs. ] 32,574 (2004); Filing Via the Internet, Order 
No. 703, 72 FR 65,659 (Nov. 23, 2007), FERC Stats. & Regs. ] 31,259, 
P 33 (2007) (Order No. 703).
    \6\ In fact, companies often arrange to view their own 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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    11. 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. In fact, the effectiveness of tariff 
provisions arises in a number of contexts, particularly in complaint 
cases, in which the Commission and the participants need to know the 
effective tariff at a particular point in time.\7\
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    \7\ See FPL Energy Marcus Hook, L.P. v. PJM Interconnection, 
LLC, 123 FERC ] 61,289, at P 39 n.77, 77-80 (2008) (in a complaint 
case, the complainant and all other parties relied on the current 
version of a tariff provision rather than the provision in effect at 
the time).
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    12. The set of NAESB standards provides a foundation for building 
such a database. The standards define an extensible markup language 
(XML) schema \8\ that will permit filers to assemble an XML 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 \9\ (divide) the filed package into 
its component parts, place the filed documents into its eLibrary system 
and provide the metadata \10\ that will permit automated organization 
of the tariff and permit the Commission and the public to search that 
database. As an example of the expanded public access to tariffs, the 
Commission currently provides electronic access to approximately 150 
NGA interstate pipeline tariffs utilizing the FASTR standards. That 
access under the NAESB standards should expand to at least 1600 
companies' tariffs. The NAESB standards also will provide flexibility 
to companies making tariff filings by enabling each regulated company 
to design or purchase software for creating tariff filings that will 
best accommodate its filing patterns and needs.
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    \8\ 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 proposed effective date, and 
certain sections of tariff text. The tagged information can be 
extracted and separately searched.
    \9\ Parse means to capture the hierarchy of the text in the XML 
file and transform it into a form suitable for further processing.
    \10\ 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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    13. Some of the principal requirements of the standards and 
regulations being adopted here are:

     Tariffs \11\ may be filed either using the current 
sheet based nomenclature or using section-based numbering at the 
choice of the filer.\12\
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    \11\ 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.
    \12\ 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 \13\ or

[[Page 57518]]

PDF,\14\ except with 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 regulations.
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    \13\ RTF refers to Rich Text Format which is a standardized 
textual format that can be produced by a number of word processors.
    \14\ 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 regional transmission organization (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 (OATTs) 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 electronically only when they 
are revised.

    14. Although the comments generally supported the adoption of the 
NAESB standards, some commenters suggested the adoption of alternative 
approaches. As the Commission has previously stated: ``Standardization, 
by definition, requires accommodation of varying interests and needs, 
and rarely can there be a perfect standard satisfactory to all.'' \15\ 
We find that the NAESB standards best accommodate the needs of 
regulated utilities in making filings electronically and the needs of 
the Commission and the public for an electronic system that will enable 
efficient, user-friendly retrieval of tariffs. We will discuss below 
the technical requirements applicable to electronic tariff filing and 
the comments received on various aspects of the standards.
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    \15\ Standards For Business Practices Of Interstate Natural Gas 
Pipelines, Order No. 587, 61 FR 39,053, 39,057 (July 26, 1996), FERC 
Stats. & Regs. ] 31,038, at 30,059 (1996).
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A. Electronic Filing Requirements

1. Companies Required To File Tariffs Electronically
    15. The companies or entities covered by this Final Rule 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, and other relevant statutes. Included among the companies 
or entities covered by the requirements are: 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.
2. Procedures for Making Tariff Filings
    16. Using the new XML schema, companies, and all those authorized 
to make filings on behalf of the company, such as outside counsel, 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.
    17. 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).
    18. The eTariff 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.
    19. 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.
    20. 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.

    Trying to keeping trackof,\ 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.\16\ 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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    \16\ 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 filing package 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.

    21. Once passed validation, the standard eFiling e-mail 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 e-mail 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.
    22. INGAA requests that the Commission establish a procedure for 
submission of tariff filings in the event of an electronic failure of 
the Commission's eFiling and eTariff system. Such a request is beyond 
the scope of this rulemaking. In Order No. 703, the Commission 
delegated to the Secretary of the Commission the authority to develop 
procedures for electronic filing, including procedures to be followed 
in case of an electronic failure of the eFiling system.\17\ Since the 
tariff filing component will be a part of the eFiling system, the same 
procedures followed by the Secretary for electronic failure will apply 
to eTariff as well.
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    \17\ Filing Via the Internet, Order No. 703, 72 FR 65659, FERC 
Stats. & Regs. ] 31,259, at P 33 (2007).
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3. XML Schema and Tariff Database
    23. 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

[[Page 57519]]

package. The data elements included in the XML package are required to 
properly identify the nature of the tariff filing, organize the tariff 
database, and 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 
provision 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.\18\ The XML schema will be maintained on the 
Commission Web site along with the required codes, descriptions, and 
other requirements, as well as information that may be useful to those 
developing filing software.\19\ Contemporaneously with the issuance of 
this Final Rule, we are posting on the Web site the XML schema along 
with the descriptions of the fields used in the schema, the instruction 
manual and codes to be used with the XML schema.
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    \18\ The XML package must be filed as a zip (compressed) file.
    \19\ Currently located at http://www.ferc.gov under the tab 
Documents and Filings, eTariff.
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    24. 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, has delegated authority to make 
modifications to them if necessary.\20\ Before any such changes are 
made, a notice of the proposed change will be issued sufficiently in 
advance to permit companies to revise their software.
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    \20\ 18 CFR 375.302(z).
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    25. A few commenters object to the use of the XML schema for 
electronic filing and argue that the Commission should simply rely on 
filings in eLibrary.\21\ They argue that documents are maintained in 
standard word processing formats and that filing such tariffs through 
eLibrary would be easier on the filer. They assert that any tracking of 
such filings could be accomplished by assigning a docket number. Nevada 
Power, for example, argues that managing tariffs is a document 
management, rather than a database function. It maintains that the 
ability to access prior tariffs can be solved by retaining all previous 
effective versions of the tariff.
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    \21\ Duke Energy, EEI, Nevada Power, Southern California Edison, 
and PSEG.
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    26. As explained above, eLibrary is principally a system that 
manages and tracks filed documents based on individual proceedings 
(dockets). It was neither designed, nor will it function well, to 
retrieve individual sections or pages of tariffs that are filed in 
different dockets over the course of many years. The tariff database, 
on the other hand, will enable the Commission staff, as well as the 
public, to access all or portions of a company's tariffs and rate 
schedules compiled using date, text, and status criteria.
    27. The use of a database to track individual pages or sections of 
tariffs is not inappropriate to the task of managing tariffs, as the 
comments suggest. The Commission has for over twenty years maintained 
the FASTR database for gas tariff filings and has made the results of 
that database available to the public. The XML schema on which the 
industry agreed will update the FASTR methodology to provide an even 
more effective database for managing tariffs and conducting tariff 
searches.
    28. Some commenters suggest assigning a docket or other unique 
number to each tariff or rate schedule, and Nevada Power suggests that 
instead of an electronic database, each utility could file an updated 
history of changes to its tariff so that customers can determine where 
to find specific sheets in which they are interested. Nevada Power 
attached, as an example of its proposal, a history for its OATT that is 
only six pages long covering a relatively small number of tariff 
filings.
    29. These solutions would require users to search through reams of 
filing materials to obtain the particular section or page of the tariff 
that they need. Such solutions are not a reasonable substitute for a 
database, given the large number of gas, oil, and electric companies, 
some of whom may make hundreds of tariff filings a year, with a list of 
changes that would eventually grow to hundreds of pages using the 
Nevada Power approach. PJM Interconnection, LLC for example made over 
130 tariff related filings in a one year period. Trying to keep track 
of, and find, particular tariff provisions in this massive amount of 
data using only a docket or other numeric identifier and a spreadsheet 
would be a monumental task.\22\ But the tariff database, using the 
metadata supplied with each filing, will be able to store and retrieve 
this information.
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    \22\ Nevada Power's listing is similar to the Commission's 
current numbering sheets used in its paper tariff database. These 
numbering sheets run to 70 linear feet for all utilities. Using such 
a system to research extensively revised tariffs is difficult, time 
consuming, and prone to error.
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    30. Those arguing for an eLibrary approach envision that tariff 
documents would not be filed in individual sections, but as entire 
documents. But not all industry members supported this entire document 
approach. The gas pipelines, for example, supported the continued use 
of sheet-based filings in which utilities file only the specific tariff 
sheet that is being revised.\23\ Other tariffs are so large that filing 
them as a single document would be unwieldy.\24\ The flexibility to 
file tariffs using different approaches was key to developing the NAESB 
standards, and the industry consensus supporting those standards.\25\ 
The approach suggested by the commenters would not provide the 
flexibility the industry sought. The use of a database utilizing the 
NAESB standards provides that flexibility and is the most efficient 
method of processing such filings in a way that will permit the easy 
and efficient integration of such individual filings into an entire 
tariff.
---------------------------------------------------------------------------

    \23\ Minutes of February 1, 2007 eTariff Meeting, (``Ms. Nagle 
[Tennessee Gas Pipeline] asked whether FERC Staff supported using a 
section-based tariff system (in lieu of a sheet based system) and if 
so does everyone need to move to the section-based system''), http://www.naesb.org/pdf2/etariff020107fm.doc.
    \24\ For example, PJM's posted tariff is over 8 megabytes. 
http://www.pjm.com/documents/agreements.html, and the California 
ISO's tariff is over 4 megabytes. ISO New England (http://www.iso-ne.com/regulatory/tariff/index.html) and the New York ISO (http://www.nyiso.com/public/documents/tariffs/oatt.jsp) post tariffs that 
already are divided into sections.
    \25\ Minutes of July 27, 2008 eTariff Meeting, at P 5 
(``flexibility is present to support whole document filings, sheet 
based filings and section based filings. This flexibility is 
provided for individual companies and for the industries themselves, 
as a given company may choose to use any of the three choices 
depending on the filing to be made. This flexibility is a key 
underlining assumption from which all the work papers were developed 
and as such, was reflected in the vote just taken''), http://www.naesb.org/pdf3/etariff072707fm.doc.
---------------------------------------------------------------------------

    31. As we have discussed above, the development of standards 
requires cooperation and accommodation between companies with different 
needs and requirements. The NAESB process provided a means by which 
various members of the affected industries and customers, including 
those from the oil pipeline industry, could develop a set of standards 
that reasonably meet the needs of a large range of different types of 
tariff filers, large and small companies, frequent and infrequent 
tariff filers, companies using different methods of storing tariffs, 
including databases, word processing software, and spreadsheets. After 
examining a variety of alternative approaches over 24 days of meetings, 
a consensus of the gas and electric industry \26\ agreed upon the use 
of the data elements and XML schema as the most efficient means for

[[Page 57520]]

electronically filing tariffs.\27\ We therefore will adopt the database 
approach and standards as approved through the NAESB process.
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    \26\ Although the oil pipelines and their customers did not have 
an official vote during the NAESB process, they participated in 
formulating the requirements and have supported the data elements 
and XML schema in their comments in this rulemaking.
    \27\ APS, an active participant in the beta testing of the 
Commission's original software, as well as a participant in the 
NAESB process, recognizes that the standards provide ``a useable 
platform for industry compliance with the new standardized 
requirements for electronic filing of tariff, as well as a 
convenient tool for market participants and FERC staff to access and 
review tariffs and agreements * * * [and this methodology] to be the 
superior choice to implement this Commission requirement.'' APS 
Comment, at 2. AOPL similarly recognizes that compromises were 
necessary to meet the needs of all the industries, stating the 
standards ``reflect significant improvements to the proposed 
electronic filing regulations, in light of the particular 
circumstances and needs of the oil pipeline industry.'' AOPL 
Comment, at 1.
---------------------------------------------------------------------------

    32. CAISO asks that the RTOs not be required to provide all the 
metadata required by the standards or, if it is not possible to 
eliminate the metadata, that such metadata be kept to a minimum. The 
technical meetings with NAESB were designed to develop the minimum 
required metadata that would be necessary to feed and operate the 
database. The CAISO has not indicated specific metadata elements that 
can safely be eliminated and still maintain the integrity of the 
database.

B. Tariff Filing Requirements

    33. The Commission's current regulations require companies to file 
tariff sheets that include specifically defined nomenclature to 
identify each sheet of the tariff.\28\ A company is required to file 
only the tariff sheets containing the tariff revisions or changes.
---------------------------------------------------------------------------

    \28\ 18 CFR 35.9; 154.102(e).
---------------------------------------------------------------------------

    34. Based on the NAESB meetings and the comments submitted, we will 
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 sheets or sections and filing only the revised sheet or 
section, or for a wide range of tariff documents, by filing the entire 
tariff document that is revised. In order to ensure that the Commission 
and the public have the ability to identify specific tariff provisions, 
versioning information is required to be included as part of the XML 
package. But, this information has been simplified and will no longer 
need to be included as text on individual sheets or sections, with the 
exception of certain documents filed as PDFs.
1. Sheet or Section Filing Requirements
    35. In order to compile the tariff database, the standards require 
companies to file tariff text as a specific data element. Companies, 
however, will be permitted to choose whether to continue to number 
tariff provisions as individual tariff sheets (e.g., Sheet No. 1) or 
sections (e.g., Section 1.1.1). Except as discussed in the following 
section with respect to open access tariffs, companies will be allowed 
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, 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 unless a company files a request for waiver.
    36. The NAESB standards provide that tariff text must be filed 
either using the RTF file format or the PDF file format.\29\ 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.\30\
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    \29\ 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. Order No. 703, FERC 
Stats. & Regs. ] 31,259 at P 23. 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.
    \30\ 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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    37. The comments support the flexibility to use sheet, section, and 
entire document options using PDF format.\31\ AOPL for example 
``strenuously supports this aspect of the rule which provides benefits 
to both shippers and pipelines.'' \32\
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    \31\ Midwest ISO, INGAA, and AOPL.
    \32\ AOPL Comment, at 4.
---------------------------------------------------------------------------

    38. TransCanada asks that the Commission clarify whether and under 
what conditions companies that initially file using the sheet-based 
option may be allowed to later re-file using the section-based option, 
and vice-versa. For both the shipper and Commission staff benefit, we 
certainly would not encourage utilities to switch back and forth 
frequently between a sheet and a section-based system, because such a 
change will make the ability to research past provisions more 
difficult.\33\ But because both the sheet and section approaches 
provide equivalent granularity and flexibility for users, utilities can 
make such a change without obtaining special permission. The only time 
special permission is required is if a utility wants to covert from a 
sheet or section based approach to entire document, because such a 
change does reduce usability.
---------------------------------------------------------------------------

    \33\ The database will store each sheet or section so that a 
user wishing to examine a past sheet or section can do so. If the 
utility decides to change between sheets and sections, the prior 
history of a particular provision may be more difficult to access. 
For example, in a sheet to section change, the past sheet (record) 
will still appear in the database, but it will not be linked to the 
section (record) that will replace it.
---------------------------------------------------------------------------

    39. AGA requests that tariffs be fully text searchable. As 
described above, all tariffs, including those filed using PDF, must be 
filed in text searchable format.
2. Gas and Electric Open Access Transmission Tariffs
    40. Tariffs for interstate natural gas pipelines and electric 
utilities must be filed by breaking the document into sheets or 
sections. 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.
    41. We are revising 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, ISO/RTOs will 
be required to divide their OATTs at the 1.1 level at a minimum. Filers 
are encouraged to use even smaller divisions that are appropriate to 
their individual tariffs and filing patterns. In addition, to aid 
electric utilities in filing their OATTs, we are posting on our Web 
site a pro forma OATT divided into the largest

[[Page 57521]]

allowable sections, as well as information that will help companies 
develop Microsoft[supreg] Word macros to electronically divide tariffs 
at this level.
    42. Because we have not specified a pro forma interstate natural 
gas transportation tariff, the regulation we adopt requires that the 
interstate natural gas pipeline open access tariffs filed as sections 
be divided so that each section includes only related subject matter 
and is of reasonable length.\34\ Negotiated rate agreements and other 
non-conforming service agreements need not be divided, but can be filed 
as entire documents.
---------------------------------------------------------------------------

    \34\ 18 CFR 154.102.
---------------------------------------------------------------------------

    43. EEI requests that non-RTOs be allowed to file their OATTs as 
single documents, maintaining that these are relatively static 
documents and that allowing the filing of an entire document will 
reduce the time and expense necessary to break such tariffs into 
sections and may simplify the filing software that such companies need 
to build or acquire.
    44. We will not relax the requirement to at least divide the pro 
forma OATTs at the 1.0 level. As described above, OATTs can be large 
and unwieldy documents and run to over 160 pages; dividing the document 
at the 1.0 level will ensure that Commission staff and the public can 
review and search for tariff provisions relating to the same subject 
matter. Dividing the OATT at the 1.0 level will result in only 57 
sections, each addressing a different topic, and such division will 
only have to be done once. Moreover, EEI maintains that most OATTs are 
maintained as Microsoft Word documents. Commission staff has developed 
and will post a macro that in many cases will divide the OATT at the 
appropriate level. Commission staff also has posted a pro forma OATT 
divided into the requisite sections that can be used as a reference. 
Creating the sectionalized pro forma OATT manually only took one hour. 
In balancing the burden of a one-time conversion of an OATT into 
individual sections against the benefits of being able to easily locate 
and search for specific OATT sections, we find that the benefits of 
requiring that OATTs be broken into sections outweigh the costs.
    45. AGA argues that the Commission should set a minimum requirement 
for gas pipelines similar to that set for electric utilities and 
suggests that the minimum should at least match the table of contents 
and include as a separate section each topic listed under General Terms 
and Conditions of Service. We find that this suggestion does provide 
useful guidance as to the minimum sections required and therefore 
revise the regulation in Sec.  154.102 accordingly.
3. Versioning
    46. 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, this 
convention is useful over time for identifying and referring to 
particular tariff provisions in orders. With the adoption of the NAESB 
standards, the versioning requirement will be modified and made less 
complicated.
    47. The NAESB standards require that each sheet, section, or entire 
tariff document be identified with a version number in an x.y.z 
format.\35\ The x.y.z format will accommodate the same level of 
identification as our existing nomenclature, including items such as 
squeezed and retroactive sheets. As long as each tariff section, sheet, 
or entire document is identified uniquely, companies can choose how 
complex to make their identification. 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 may not choose to 
include such a detailed hierarchy of changes. 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.
---------------------------------------------------------------------------

    \35\ The x.y.z format is a representation of the version 
(designation) of a tariff filing where ``x'' represents revision 
number for the given tariff provision (tariff record), ``y'' 
delineates that it is a substitute for a previously filed tariff 
provision, and ``z'' indicates that it is a ``squeeze'' tariff 
provision. A ``squeeze'' tariff provision occurs when a tariff 
provision needs to be made effective on a date which occurs between 
the effective dates of two tariff provisions that already are filed 
with the Commission.
---------------------------------------------------------------------------

    48. As proposed in the NOPR, and adopted in this Final Rule, 
identification of versioning need not be included in the text of the 
individual tariff revisions that are filed with the exception of 
tariffs filed in PDF format. Companies however may choose to include 
such identification in the tariff text if they desire. The XML schema 
requires that the requisite versioning information be included as 
metadata, and versioning information will be made available to staff 
and the public in the tariff database. Moreover, to ensure that the 
versioning information is available to the public on eLibrary, the 
Commission will use the metadata provided in the XML package to 
generate a document on eLibrary that contains the appropriate 
versioning information. Because we are creating this document by 
electronically combining information from the XML package, the 
formatting of the versions and tariff text may not appear identical to 
the filing made by the company.
    49. 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 Instruction Guide requires that the first page of the 
tariff document include the required information: Company name, tariff 
title (if applicable), and the appropriate version number.
    50. INGAA suggests that for gas tariffs, the regulations should 
continue to require that the first section or sheet of the tariff 
include: The FERC Gas Tariff Volume Number, the name of the natural gas 
company, as well as the name, title, address, telephone number, e-mail 
address and facsimile number of a person to whom communications 
concerning the tariff should be sent. We will modify the regulation to 
continue this requirement.
    51. EEI recommends that the Commission eliminate various formatting 
requirements required under Order No. 614.\36\ As we have discussed 
above, we are eliminating a variety of the required formatting 
requirements because they are included in the XML metadata and the 
other formatting requirements are included in the standards. As a 
result, the formatting and filing requirements of Order No. 614 have 
been supplanted by the regulations and requirements addressed in this 
rulemaking.\37\
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    \36\ Designation of Electric Rate Schedule Sheets, Order No. 
614, 65 FR 18,221 (Apr. 7, 2000), FERC Stats. & Regs. ] 31,096 
(2000).
    \37\ The provisions of Sec.  35.5 regarding rejection of 
material (adopted in Order No. 614) are being retained. In filing 
pre-existing contracts and rate schedules, electric utilities are 
still required to eliminate the use of supplements and include in 
their filings only effective provisions. See 18 CFR 35.1 (revised to 
remove the use of supplements); Boston Edison Company, 98 FERC ] 
61,292 (2002) (utilities must file effective tariff provisions); 
Vermont Yankee Nuclear Power Corporation, 98 FERC ] 61,122, at 
61,366 (2002) (utility required to remove tariff language that was 
no longer effective from its rate schedule).
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4. Marked Tariff Changes
    52. The Commission's current interstate natural gas pipeline (Sec.  
154.201) and electric utility regulations (Sec.  35.10), require 
companies

[[Page 57522]]

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.
    53. We are continuing the requirement for filing marked versions of 
tariffs. We also are modifying the symbols used by the oil pipelines 
using the symbols proposed by AOPL so that the symbols can be entered 
into a find or search message box using keystrokes available on a 
keyboard. In contrast to past practice in which tariff changes were 
filed only as individual sheets or supplements, the standards permit 
tariff documents to be filed as large sections or as entire documents. 
Although we are confident that filing companies will not intentionally 
make 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 
revising our regulations to make clear that only the sections of the 
tariff document appropriately identified in the filing will be 
considered part of the filing and any acceptance of a filing by the 
Commission will not constitute acceptance of an unmarked tariff change.
    54. INGAA supports the regulation, but requests that the Commission 
modify it to state that ``interested parties may comment only on those 
revisions appropriately designated and marked to constitute the filing; 
provided, however, comments on unmarked and undesignated language will 
be permitted when such comments provide useful information to the 
Commission for the resolution of issues directly related to the 
filing.'' We will not adopt the proposed language as part of the 
regulation because, as INGAA itself recognizes, determinations as to 
the appropriateness of such comments need to be made on a case by case 
basis. The Commission must in individual cases determine if the protest 
or comment on the unchanged tariff text bears upon the justness and 
reasonableness of the proposed tariff change or is a request for the 
Commission to take action under section 5 of the Natural Gas Act to 
revise the unchanged provision.
    55. AOPL argues that the Commission should remove the proposed 
language in Sec.  341.3 of the regulations arguing that a filed tariff 
change should be deemed effective even if a symbol is misplaced or 
incorrect. AOPL states that under long-standing ICA precedent the 
omission of a symbol in a tariff denoting a change in rate does not 
affect the validity or applicability of the tariff item.
    56. We never meant for this provision of the regulations to 
constitute a trap that would penalize an oil pipeline if it simply used 
the wrong symbol or failed to include a symbol in the tariff as long as 
its overall filing was sufficient to provide notice of the proposed 
change. We therefore have revised the regulation from that proposed in 
the NOPR to make clear the regulation does not apply to an improper or 
omitted symbol so long as the change is identified in the tariff 
filing.\38\ The purpose of this regulation is to ensure that shippers 
and the Commission receive the required notice of proposed changes by 
the pipeline and that shippers are not penalized by the failure of the 
pipeline to provide the requisite notice. As part of the NAESB process, 
agreement was reached on allowing oil pipelines to file entire tariffs 
as PDF files. Because of the nature of PDF files, however, it will be 
difficult for the Commission staff or the pipeline's customers to 
create a document comparison of a PDF document. Thus, the oil pipeline 
would be in the best position to create a document comparison, and we 
find the burden of ensuring proper notice legitimately should fall on 
the oil pipeline making the filing. The oil pipeline could for example 
satisfy this requirement by indicating its changes in the transmittal 
letter or attaching to the transmittal letter a redline-strikeout 
version of the tariff being revised.
---------------------------------------------------------------------------

    \38\ The NOPR used the phrase ``revisions that are marked 
appropriately,'' which in the context of the oil pipeline 
regulations might be read to connote marked with the correct symbol. 
We are revising the regulation to read ``revisions to tariffs 
identified in the filing'' which will cover revisions that are 
explained in the transmittal letter even if the symbol is incorrect 
or omitted in the tariff.
---------------------------------------------------------------------------

    57. Section 6(3) of the Interstate Commerce Act (ICA) recognizes 
that it is the responsibility of an oil pipeline in making a filing to 
change its tariff to ``plainly state the changes proposed to be made in 
the schedule then in force.'' ICC v. American Trucking Association,\39\ 
cited by AOPL, does not establish the invalidity of the Commission's 
regulation. In American Trucking, the Interstate Commerce Commission 
(ICC) sought to reject tariff rates based on violations of rate bureau 
agreements. While the Court found that the ICC was without statutory 
authority retroactively to reject a tariff in violation of the rate 
bureau agreement after the tariff has taken effect, the Court found 
that the ICC did have authority to condition tariff approval in a 
manner reasonably tied to statutory objectives. In this regulation, we 
are not retroactively rejecting a tariff we have previously accepted; 
rather we are imposing a regulatory condition governing the filing 
prior to acceptance that will ensure that customers are protected in 
the event that the oil pipeline fails to provide sufficient notice of a 
tariff change. Moreover, the regulation does not determine the 
regulatory outcome of any challenge to the unidentified rate. We 
recognize the regulatory differences between the ICA and the FPA and 
NGA,\40\ and that interpretations of the ICA have provided that, in 
some circumstances, the failure to identify a rate change could be 
deemed a technical defect that would not necessarily void an 
unidentified rate, but could subject the pipeline to damages or other 
remedies as provided in the ICA.\41\
---------------------------------------------------------------------------

    \39\ 467 U.S. 354 (1984) (American Trucking).
    \40\ The ICA for example provides a two-year period for 
reparations, which is not part of the NGA or FPA. 49 App. U.S.C. 
16(3)(b) (1988).
    \41\ See Genstar v. ICC, 665 F.2d 1304, 1308 (D.C. Cir. 1981) 
(for rates with procedural irregularities, the remedy is correction 
of the ``harm if any caused by unlawfulness or irregularity''). For 
example, a shipper that does not have effective notice, may not be 
able to protest the filed rate and may only be aware of, and 
challenge, a rate after it has received a bill. After such a 
challenge is filed, the Commission could review the rate to 
determine if it is just and reasonable. If the Commission were to 
determine that the filed rate is not just and reasonable, but that a 
different rate is justified, the damages could be computed based on 
the difference between what the pipeline charged and the just and 
reasonable rate ultimately determined by the Commission.
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5. Clean Tariff Sheets Filed as Attachments
    58. As discussed above, the tariff text for use by the database 
will be filed as a separate data element, and 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.\42\ The clean version of the 
tariff text may be filed using any electronic file format currently 
approved by the Secretary of the Commission for eFiling.
---------------------------------------------------------------------------

    \42\ The text of the tariff provisions (including the entire 
tariff document if that option is chosen) to be included in the 
database must, of course, match exactly the text of the clean copy 
of the tariff provisions filed as an attachment. The standards also 
will require the company to include a non-formatted plain text copy 
of the tariff provisions for search purposes.
---------------------------------------------------------------------------

    59. AOPL requests clarification as to which of the tariff documents 
included in the XML package, including the marked version made by the 
utility,

[[Page 57523]]

constitutes the official version of the tariff filing. As stated above, 
no substantive differences should exist between the tariff provisions 
filed as part of the XML data and the tariff provisions filed as 
attachments. To the extent that such differences exist, and they are 
significant, they will need to be addressed on a case-by-case basis by 
the Commission.
6. Joint, Shared, and Section 206 Filings
    60. All utilities, but principally the electric industry, may make 
joint and shared tariff filings. Joint filings refer to tariffs 
applicable to more than one company. Shared tariffs refer to a tariff 
that can be revised 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 under their operating agreements to make tariff 
filings under section 206 of the FPA. The following approaches should 
ensure that parties with filing rights can make appropriate filings 
without undue burden.
a. Joint Tariff Filings
    61. 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) ``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.'' \43\ 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 
documents, 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.'' \44\ 
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.
---------------------------------------------------------------------------

    \43\ 18 CFR 35.1(a).
    \44\ Order No. 614, FERC Stats. & Regs. ] 31,096 at 31,503.
---------------------------------------------------------------------------

    62. In the Commission's current state of software development, we 
are not in a position to permit a single designated filer to submit 
tariff provisions on behalf of multiple entities as part of a single 
filing. 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. To deal with this issue, the 
following approach will minimize the burden on the filer and also 
provide ready access to the tariff.
    63. We will 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 the identity of the 
utility designated as the 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.
    64. EEI maintains that parties with joint tariffs should have 
flexibility to make modifications to these tariffs, but it does not 
object to the procedure outlined above. We, therefore, will adopt this 
approach to joint tariffs.
b. Shared Tariffs
    65. 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.
    66. In order to file revisions to shared tariffs today, parties 
with shared 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 tariff.\45\
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    \45\ 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.
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    67. The use of electronic filing will provide parties with shared 
tariffs with greater opportunities to develop electronic filing methods 
that fit their respective tariff structure, filing rights, and business 
processes. First, parties in organized markets can develop or obtain 
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. Second, ISOs and RTOs can agree to make 
all filings on behalf of the members in order to maintain 
administrative control over the tariff. Third, each of the respective 
parties with filing rights can continue to make individual filings as 
they do today by sharing certain relevant tariff and metadata among the 
parties with shared rights.
    68. With respect to the third option, individual filings by each 
company, we have developed a method for making such filings. 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 (but not its password) and tariff 
identifier used in the XML schema for the ISO or RTO's tariff along 
with other required metadata for making the filing.
    69. 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 e-mail notification to the ISO or RTO when the XML filing 
passes verification checks. 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.
    70. New England PTOs support the Commission's approach to shared 
document filings, but request that the Commission provide additional 
time for possible needed revisions to the OATT of ISO New England. As 
discussed later, the Commission will be providing sufficient time to 
develop software and implement the electronic filing requirements. Such 
time should be sufficient to make whatever tariff or other changes may 
be needed to accommodate shared document filings. If ISO New England 
can show that

[[Page 57524]]

additional time is required, it may file for an extension of time.
    71. While generally supporting the Commission's approach, ISO New 
England suggests that the Commission should provide additional security 
for shared tariff filers by developing and administering a database 
that would permit a tariff owner to control the parties authorized to 
file tariff changes to its tariff.\46\ We have closely examined the 
potential security risks to the eTariff system and find that at this 
point the benefits of ISO New England's proposal for increased security 
do not justify the enhanced costs for the Commission to build and 
support an administrative Web site and database necessary to implement 
ISO New England's proposal.
---------------------------------------------------------------------------

    \46\ For example, the Web site would permit ISO New England to 
select those transmission owners with the authority to make filings 
to amend the ISO New England's OATT.
---------------------------------------------------------------------------

    72. The eTariff system will be more secure than the current paper 
filing system and the current eFiling system, and we have not 
experienced unauthorized filings to date through either our paper or 
eFiling system. In the current eFiling system, a filer need only be 
eRegistered.\47\ The eTariff system, however, will provide additional 
security because in addition to eRegistration, the filer must possess 
both a company registration number and a password. These forms of 
identification will be limited to regulated utilities. The RTO's or 
ISO's password will be unique to each company and need not be shared 
with another utility having shared filing rights, thereby providing 
enhanced security. Further, any filing made using the RTO's or ISO's 
company registration number will generate an e-mail to the RTO or ISO, 
so that it can monitor actively any potential unauthorized filings.
---------------------------------------------------------------------------

    \47\ Paper filings are delivered by courier or mail with no way 
for the Commission to verify that the filing is authorized by the 
purported filer.
---------------------------------------------------------------------------

    73. After comparing the potential benefits of ISO New England's 
approach against the costs of implementation, we have decided not to 
try to implement the authorized filer proposal. If we find after 
implementation that additional security is necessary, we will 
reconsider this option at that time.\48\
---------------------------------------------------------------------------

    \48\ First Energy raises a question about filings by outside 
counsel, and similarly suggests a system of having administrators 
provide passwords with respect to filings by outside counsel. As 
discussed above, outside counsel will be able to submit filings as 
long as they adhere to the standards, and the company provides them 
with the appropriate filing identifiers, passwords, and other 
information. Just as companies have to protect their internal use of 
passwords, they will need to protect against the use of passwords by 
outside counsel or others making filings on their behalf. Companies 
of course can design their own software to provide administrative 
password rights, but for the reasons discussed above, we do not find 
it necessary for the Commission to provide such administrative 
control.
---------------------------------------------------------------------------

c. Section 206 Filings Related to ISOs/RTOs
    74. 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.\49\ 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.
---------------------------------------------------------------------------

    \49\ See, e.g., PJM Interconnection, LLC, 115 FERC ] 61,079 
(2006).
---------------------------------------------------------------------------

    75. For ISO or RTO transmission owners filing a complaint against 
the ISO or RTO, the complaint must 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.
    76. However, 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 using the NAESB 
standards. 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.\50\
---------------------------------------------------------------------------

    \50\ No comments were filed on this approach.
---------------------------------------------------------------------------

C. Other Business Practice Changes

1. Electronic Service
    77. In the NOPR, the Commission proposed to permit electronic 
service for initial filings.\51\ We are revising our regulations to 
permit electronic service according to the same procedures and 
protocols used for other forms of service under the Commission's 
regulations.\52\ Customers and state agencies wishing to receive 
service will be required to provide the company with an applicable e-
mail 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.\53\
---------------------------------------------------------------------------

    \51\ Notice of Additional Proposals and Procedures, FERC Stats. 
& Regs. ] 35,551 at P 7.
    \52\ 18 CFR 385.2010.
    \53\ 18 CFR 390.3.
---------------------------------------------------------------------------

    78. EEI asks for further clarification of how electronic service 
should be made, including questions about the provision of e-mail 
addresses, suggestions related to the use of generic service e-mail 
addresses and the ability to serve after a filing has been posted. In 
this rulemaking, we have expanded the scope of electronic service to 
include initial filings. We have expressly provided in the regulations 
that customers must provide an e-mail address for initial service to 
the utility unless they obtain a waiver of electronic service under 
Part 390 of our regulations. Other than establishing a procedure for 
obtaining customer e-mail address, all other aspects of electronic 
service for initial filings will be the same as those for service in a 
proceeding with a service list, including the e-mail addresses to be 
used for service, and the use of a link to the filing in eLibrary as 
the means of providing service.\54\
---------------------------------------------------------------------------

    \54\ See 18 CFR 385.2010(f)(3).
---------------------------------------------------------------------------

2. Attachment Documents
    79. Under the standards, all attachments to a filing, such as the 
transmittal letter, testimony, and 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. AOPL suggests deleting the requirement 
to file a proposed form of protective agreement in the existing (and 
proposed) Sec.  348.2. AOPL does not explain its suggestion, and we do 
not find that the adoption of electronic filing requirements for 
tariffs necessitates removal of the requirement to file proposed forms 
of protective agreements. Under the NAESB standards, proposed forms of 
protective agreements must be filed as attachment documents.
3. Withdrawal of Pending Tariff Filings and Amendments to Tariff 
Filings
    80. As discussed in the 2004 NOPR, the electric, gas, and oil 
industries have

[[Page 57525]]

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,\55\ 
while the regulations for electric and gas companies do not address 
withdrawal of tariff filings prior to suspension.\56\ 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 revising our regulations to 
permit 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 
filing requirement so that the appropriate data elements can be 
revised.
---------------------------------------------------------------------------

    \55\ 18 CFR 341.13.
    \56\ 18 CFR 35.17; 154.205.
---------------------------------------------------------------------------

    81. 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, we are revising 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.
    82. In the 2004 NOPR, we recognized 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. INGAA filed a comment 
asking to include the following in the regulatory text: ``For tariff 
filings containing minor changes in the tariff proposal, the Commission 
will seek to process minor changes filed in NGA cases, within the 30-
day statutory notice period for the original filing.'' While we intend 
to try to abide by our past practice, we find this language 
inappropriate for inclusion in our regulations, because it only 
reflects a goal or aim, and is not sufficiently precise to be included 
as a regulation.
4. Motions
    83. 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 filing package.
5. Rate Sheets for Tariff Filings by Intrastate and Hinshaw Pipelines
    84. 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.
    85. In implementing the proposal for electronic 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 revising 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.

D. Regulatory Text

    86. Many commenters submitted detailed proposals to revise 
regulatory text in a number of areas. We very much appreciate the 
interest that has been paid to trying to ensure that the regulatory 
text is as accurate as possible. We have carefully reviewed those 
suggestions, included the ones we find appropriate, and discussed above 
the substantive revisions we determined not to make. The suggestions we 
did not adopt were stylistic, linguistic, or syntactical revisions 
that, in some cases, did not conform to the requirements of the Federal 
Register, or that we did not find superior to the regulatory text we 
are adopting. We will not discuss each of these proposed revisions 
individually.

E. Transition Procedures

1. Testing of Software
    87. 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.
    88. Further, as the development process continues, we think it will 
be useful to continue the dialog among FERC staff and the industries 
involved 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 will therefore hold 
technical conferences as needed during this process.
    89. UNICON argues that the Commission's testing site should be 
permanent in the event the standards are revised. It also argues that 
the testing site should fully simulate FERC's live eTariff environment. 
It maintains that regulated companies could use this testing site to 
verify that the XML packages being submitted are valid and can be 
parsed by FERC's software and validate that the filing contents within 
the XML packages will be processed appropriately.
    90. We are committed to providing as robust an electronic testing 
site as we are able, within resource and budgetary constraints. When, 
and if, the standards are revised we recognize that we may need to 
provide some additional testing, and depending on budgetary constraints 
we will try to maintain the electronic testing platform even after the 
implementation date as companies may need to experiment with different 
types of filings. Because much of the

[[Page 57526]]

processing of tariff filings received by the Commission will not be 
automatic, but dependant on the human interaction with software on our 
end, we cannot commit to providing companies with a complete review of 
all test filings, including how these will be displayed on our web 
viewer. Our staff is, and has been, committed to making this program a 
success. As discussed above, staff will conduct, perhaps with NAESB, 
conferences on implementation issues and staff will continue to provide 
as much information on particular eTariff filing issues as their time 
permits.
    91. EEI requests that the Commission post on its Web site all the 
required information necessary to implement the eTariff approach and 
place all information, including code values, into a single document. 
As discussed earlier, we will provide on our web site all the 
information needed to implement eTariff in as user friendly a means as 
possible. Because the industries during the NAESB process requested it, 
we have posted code values separately so that companies can download 
that information more efficiently. These technical issues can be 
discussed at the technical conferences, and we will continue to try to 
post information in the manner that will be most useful to industry.
2. Baseline Tariff Filings
    92. Each regulated entity will be required to make a filing to 
establish its baseline tariffs. In the NOPR, we proposed to reduce the 
burden in making the baseline filing and limit such filings to tariffs 
of general applicability. As applied to filings by electric utilities, 
the baseline filing will include open access transmission tariffs 
(OATTs), power sales tariffs available to any customer, and market-
based rate tariffs. Individually negotiated rate schedules and 
agreements will not have to be included as part of the baseline filing. 
Interstate natural gas pipelines will have to file their existing 
Volume No. 1 tariffs, but will not have to file special rate schedules 
included in Volume No. 2 tariffs, or any existing negotiated rate or 
non-conforming service agreements. Intrastate and Hinshaw pipelines 
will have to file their statement of operating conditions including 
their interstate service rates. Oil pipelines will need to file their 
tariff publications. Other pre-existing effective 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.
    93. After implementation, all new tariffs and rates schedules would 
have to be filed using the NAESB standards. Existing tariffs and rate 
schedules not included as part of the baseline filing are required to 
be filed electronically only when they are revised or amended.
    94. We recognize that some of the pre-existing tariffs and rates 
schedules, such as older rate schedules and contracts, 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 or another image format and file them in that 
fashion as an entire document.\57\ Although not required, companies are 
encouraged to run an optical character recognition program (OCR) to 
convert these scanned documents into a textual format so that the text 
of the tariff can be searched and copied.\58\
---------------------------------------------------------------------------

    \57\ As in the current practice, utilities filing scanned 
documents can comply with the requirement to show only the effective 
tariff provisions by making handwritten edits or cutting and pasting 
provisions.
    \58\ We recognize that OCR may not work well on some older 
documents. But even if the OCR version is not sufficiently legible 
to be filed as the tariff text, a filer could include the OCR 
version in the plain text field of the XML schema, so that it can be 
used for search purposes.
---------------------------------------------------------------------------

    95. The baseline tariff filing is not a substantive tariff 
revision. The baseline filing, therefore, should reflect the existing 
accepted tariff provisions, 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 are providing a one-time delegation 
of authority to the Director of OEMR to rule on protests.
    96. 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 as a compliance filing through the eTariff portal for 
inclusion in the database.
    97. As discussed above, in filing joint tariffs, utilities have the 
option of designating one utility as the designated filer, as opposed 
to each utility filing the identical tariff. For companies adopting the 
designated filer option, the designated filer will file the baseline 
tariff; the non-designated utility will need to include in its baseline 
filing a tariff section that provides the appropriate name of the 
tariff and identifies the utility that is the designated filer for the 
joint tariff.
    98. EEI requests clarification whether a baseline filing or tariff 
filings by electric utilities would be limited to OATTs. First Energy 
requests that prior versions of the baseline tariffs will not need to 
be filed. As stated above, electric utilities need to include as part 
of their baseline tariff filings the following three types of 
documents: OATTs, power sales tariffs available to any customer, and 
market-based rate tariffs. Only the currently accepted versions of the 
baseline tariffs need to be filed; historic copies should not be filed.
    99. EEI, Duke, and the CAISO request that companies be allowed to 
include pending compliance filings (which have not yet been accepted) 
in their baseline filings. They maintain that the tariff text in 
compliance filings reflects Commission directives that the utilities 
are implementing and that if compliance filings are not included in the 
baseline filings, the baseline tariff as displayed by the Commission 
could be inaccurate.
    100. Because eTariff is a database system with no existing records, 
the baseline tariff needs to reflect the tariff as accepted by the 
Commission. Any subsequent tariff changes, including previously filed 
compliance filings, need to be filed separately so that the system can 
appropriately record the status of such filings. To reduce the burden 
on parties making baseline filings, we are limiting the baseline filing 
obligation only to the accepted tariff provisions. Pending tariff 
provisions in compliance filings will be added seriatim to the database 
as the Commission acts on a company's compliance filings. This will 
reduce the number of baseline filings companies are required to make.
    101. However, we will permit companies wishing to place pending 
compliance filings into the database during the baseline filing process 
to do so. But we emphasize that baseline filings of compliance 
provisions are not required; this is only an option available to those 
companies wishing to avail themselves of it. The details of including 
compliance provisions as part of the baseline filing process can be 
discussed with staff during the technical conferences.
3. Implementation Date for eTariff
    102. While we think the entire industry, both filers and customers 
alike, will benefit from quick

[[Page 57527]]

implementation of eTariff, 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. In the 
NOPR, we generally proposed that compliance would begin within six 
months to one year after the Final Rule is issued.
    103. Many of the commenters thought that six months was too short 
and requested implementation periods of one year or longer.\59\ INGAA 
and AOPL urge the Commission not to set a firm implementation date, but 
rather focus on successful implementation.
---------------------------------------------------------------------------

    \59\ EEI, Duke, Nevada Power (proposes two years); ISO New 
England and TransCanada (proposes at least one year); UNICON 
(proposes 18 months); FirstEnergy (proposes 18-24 months).
---------------------------------------------------------------------------

    104. In order to provide companies with sufficient time to develop 
and test software, we will provide 18 months for implementation, until 
April 1, 2010, with a staggered implementation schedule for companies 
over the next six months. Staff and industry should work out the 
schedule for staggered implementation during the technical conferences.

III. Information Collection Statement

    105. The Office of Management and Budget (OMB) regulations require 
that OMB approve certain reporting, recordkeeping, and public 
disclosure (information collections) imposed by an agency. Pursuant to 
OMB regulations, the Commission is providing notice of its information 
collections to OMB for review under section 3507(d) of the Paperwork 
Reduction Act of 1995.
    106. The Commission identifies the information provided under Part 
35 as contained in FERC-516 ``Electric Rate Schedules and Tariff 
Filings; Part 154 as contained in FERC-545 Gas Pipeline Rates: Rate 
Change (Non-Formal); Part 284 as contained in FERC-549 Gas Pipeline 
Rates: NGPA Title III Transactions and Parts 341 and 344 as contained 
in FERC-550 ``Oil Pipeline Rates: Tariff Filings.'' The Commission 
solicited comments on the need for this information, whether the 
information will have practical utility, ways to enhance the quality, 
utility, and clarity of the information to be collected, and any 
suggested methods for minimizing respondents' burden, including the use 
of information technology. The Commission received specific comments 
regarding its burden estimates.

A. Comments on the NOPR's Burden Estimates

    107. INGAA, EEI, TransCanada, and Southern California Edison 
contend that the burden estimates used by the Commission in the NOPR 
are understated. As part of the NAESB process, a consensus of all the 
industries chose the flexibility provided by using the NAESB standards, 
and the use of XML protocols for business communication, in place of 
using filing software furnished by the Commission.\60\ The industries 
recognized that adopting such standards would entail the building or 
purchasing of software compatible with the XML protocols. By adopting 
these standards, companies opted for the enhanced flexibility to obtain 
software, or modify existing tariff maintenance software, in order to 
better integrate tariff filings with their individual tariff 
maintenance and business needs. The use of the NAESB standards, as 
opposed to the Commission distributed software, also provides an open 
framework for third-party software developers to develop filing and 
tariff maintenance applications or processes, which, by managing 
tariffs for multiple parties, will enable development costs to be 
spread over a large number of users. The industry consensus was that 
the flexibility offered by the standards outweighed the added costs of 
developing or purchasing software to implement the standards.
---------------------------------------------------------------------------

    \60\ The President's Management Agenda (PMA) encourages the 
development of protocols that enable digital communication using XML 
protocols as the language of ebusiness. E-Government Strategy, at 8 
(Executive Office of the President, April 2003) (minimization of 
burden on business by * * * using XML or other open standards to 
receive transmissions), http://www.whitehouse.gov/omb/egov/2003egov_strat.pdf.
---------------------------------------------------------------------------

    108. But this flexibility, and the likelihood that third-party 
providers will reduce the costs of constructing systems, makes 
computing burden estimates difficult, particularly given the difficulty 
in separating the costs of compliance from the other business functions 
provided by various software systems. INGAA contends that the costs for 
a tariff filing system should be in the range of $20,000 per tariff, 
but TransCanada argues the costs for its system suggest a $10,000 cost 
estimate.
    109. We developed the burden estimates in the NOPR based only on 
the necessary costs of developing a bare-bones filing system that would 
enable a company to make a filing in compliance with the standards.\61\ 
But we fully recognize that, while not strictly required by this Final 
Rule, companies making larger numbers of tariff filings will want to 
obtain a more robust software package that will provide various forms 
of tariff management and storage in addition to simply facilitating a 
tariff filing. Accordingly, we have determined to revise our burden 
estimates to include the greater cost of obtaining more robust 
software.
---------------------------------------------------------------------------

    \61\ The elements for such a system include a database program; 
an Internet browser; an XML form generator, a Base64 converter; and 
a ZIP file converter, many of which can be obtained for free or at 
low cost. See http://www.download.com/Base64-De-Encoder/3000/2248_4/10571789.html?tag=lst-1 (freeware Base 64 converter); http://www.altova.com/products/databasespy/database_tool.html (XML form 
generator); https://shopm.winzip.com/cgi-bin/wzct1.cgi (ZIP file 
generator). We also included time and cost for hiring a computer 
programmer.
---------------------------------------------------------------------------

    110. EEI maintains that companies will have multiple tariffs that 
need to be filed as baseline tariffs. But in this Final Rule, at EEI's 
request, we limited the baseline filing for electric companies to 
OATTs, power sales tariffs available to any customer, and market-based 
rate tariffs.
    111. EEI maintains we have underestimated the time for legal review 
of certain data fields. We have included in these revised estimates 
additional time for legal review of the baseline tariff filings. Since 
the baseline filings consist only of already accepted tariff sheets, 
such legal review should not be significant. For ongoing tariff 
filings, this rulemaking does not entail additional legal review, since 
attorneys generally already review the substantive tariff and 
attachment data contained in such filings, and the metadata fields are 
not substantive.
    112. EEI suggests that the estimates leave out one-time costs for 
evaluating software, and training on new systems. We recognize that we 
did overlook such costs, and we have added additional hours for 
evaluation and training of relevant personnel.

B. Burden Estimates

    113. The following burden estimates reflect the cost to an 
individual company of obtaining software sufficient to meet the 
requirements of the regulation, as well as the cost of making the 
required baseline filing. Investment in electronic filing will reduce 
filing costs over time. Therefore, we include an estimate of the cost 
savings per year due to the savings in mail, messenger delivery, and 
copying. The public reporting and records retention burdens for the 
reporting requirements and the records retention requirement are as 
follows.\62\
---------------------------------------------------------------------------

    \62\ These burden estimates apply only to this Final Rule and do 
not reflect upon all of FERC-516, FERC-545, FERC-539 or FERC-550.

[[Page 57528]]



                                                                 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              20            3040            4408
    Marketers...........................................             984               5            4920              20            9840           14760
RTOs/ISOs...............................................               6             362            2172              28             168            2340
FERC-545:
    Small Pipelines.....................................             106               7             742              20            2120            2862
    Large Pipelines.....................................              62              18            1116              20            1240            2356
    NGPA................................................             200               6            1200              20            4000            5200
FERC-550 Oil............................................             200               9            1800              20            4000            5800
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
    Totals..............................................  ..............  ..............           13318  ..............           24408           37726
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Annual Hours for Collections: 37,726.

                                             Baseline Tariff--Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Software       Total cost
         Data collection             Number of       Cost per      Total filing     purchase &      purchase &
                                    respondents       tariff           cost        installation    installation
----------------------------------------------------------------------------------------------------------------
FERC-516:
    Utilities...................             152            $211         $32,072         $10,000      $1,520,000
    Marketers \63\..............             984             109         107,256           1,035       1,018,440
RTOs/ISOs.......................               6           8,345          50,070          10,000          60,000
FERC-545:
    Small Pipelines.............             106             171          18,126           2,070         219,420
    Large Pipelines.............              62             423          26,226          10,000         620,000
    NGPA........................             200             132          26,400           2,070         414,000
FERC-550 Oil....................             200             206          41,200          10,000       2,000,000
                                 -------------------------------------------------------------------------------
    Totals......................  ..............  ..............         301,350  ..............       5,851,860
                                 ===============================================================================
    Combined Total..............  ..............  ..............  ..............  ..............       6,153,210
----------------------------------------------------------------------------------------------------------------


                                      Going Forward Cost Savings Per Annum
----------------------------------------------------------------------------------------------------------------
                                                             Total number of
                                                                 filings       Cost per filing     Total cost
----------------------------------------------------------------------------------------------------------------
Oil.......................................................               689              $110           $75,790
Electric..................................................             4,445               406         1,804,670
Gas.......................................................             2,548               406         1,034,488
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
    Total.................................................  ................  ................         2,914,948
----------------------------------------------------------------------------------------------------------------

    114. OMB's regulations require it to approve certain information 
collection requirements imposed by an agency rule. The Commission is 
submitting notification of this Final Rule to OMB.
---------------------------------------------------------------------------

    \63\ The costs for marketers assume 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, 1902-0086 and 1902-0089.
    Respondents: Business or other for profit; Federal Government.
    Frequency of responses: On occasion.
    115. Necessity of the Information: The Federal Energy Regulatory 
Commission is amending 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 with the 
Commission in lieu of paper. Electronically filed paper 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. Specifically, electronic filing 
reduces physical storage space needs and document processing time, 
provides for easier tracking of document filing activity; potentially 
reduces mailing and courier fees; allows concurrent access to the 
tariff filing by multiple parties as well as the ability to download 
and print tariff filings; and provides automatic e-mail notification to 
an applicant of receipt of the filing and whether or not it has been 
accepted. The Commission's staff will be able to retrieve and analyze 
information contained in these filings more readily than under the 
current system; mandated electronic filing of these documents should 
facilitate the staff's retrieval and review of a particular document. 
These capabilities will be extremely beneficial as many tariff filings 
involve statutory processing deadlines.

[[Page 57529]]

    116. The Final Rule will assist the Commission' efforts to comply 
with the Paperwork Reduction Act,\64\ the Government Paperwork 
Elimination Act (GPEA) \65\ and E-Government Act of 2002 \66\ 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. Expanding Electronic Government is one of 
the five key elements of the President's Management Agenda (PMA). The 
PMA proposed 24 ``E-Government'' initiatives including Government to 
Business (G2B). The goals of the G2B portfolio are to reduce burdens on 
business, provide one-stop access to information and enable digital 
communication using the language of e-business (XML). G2B also directs 
agencies to take advantage of commercial electronic transaction 
protocols.
---------------------------------------------------------------------------

    \64\ Pub. L. 104-13, 109 Stat. 163, (Oct. 1, 1995).
    \65\ Title XVII, Pub. L. 105-277, 112 Stat. 2681 (Oct. 21, 
1998).
    \66\ Pub. L. 107-347, 116 Stat. 2899 (Dec. 17, 2002).
---------------------------------------------------------------------------

    117. The standards being adopted here were developed in conjunction 
with NAESB, an ANSI accredited standards developer, and employs XML 
protocols, as suggested in G2B. The deployment of more effective 
technology will help to streamline the many reporting requirements as 
well as facilitate a more efficient means for businesses to interact 
with the government.
    118. 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].] Please 
send comments concerning the collections of information and the 
associated burden estimate(s) 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-
7345, 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

    119. 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.\67\ The 
Commission concludes that neither an Environmental Assessment nor an 
Environmental Impact Statement is required for this Final Rule under 
Section 380.4(a) of the Commission's regulations. Section 380.4(a)(15) 
provides for a categorical exemption for approval of actions taken 
under Sections 205 and 206 of the FPA relating to the filing of 
schedules containing all rates and charges for the transmission or sale 
subject to the Commission's jurisdiction, plus the classification, 
practices, contracts and regulations that affect rates charges, 
classifications and services. Section 380.4(a), (25) provides a 
categorical exemption for review of natural gas filings. Section 
38.4(26) provides an exclusion for review of oil pipeline filings. In 
addition, section 380.4(a) provides an exemption for rules that are 
clarifying corrective, or procedural and that provide for information 
gathering, analysis, and dissemination. Because this Final Rule only 
involves these matters, no environmental consideration is necessary.
---------------------------------------------------------------------------

    \67\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, 52 FR 47,897 (Dec. 17, 1987), FERC Stats. & 
Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    120. The Regulatory Flexibility Act of 1980 (RFA) \68\ generally 
requires a description and analysis of whether the Final Rule will have 
a significant economic impact on a substantial number of small entities 
or a certification that the Final Rule will not have a significant 
economic impact on such entities. In the NOPR, we stated that the 
proposed rule would be applicable to all entities regulated by the 
Commission, a small number of which may be small entities. However, the 
Commission did not believe the rule would have a significant impact on 
these small businesses because the software necessary to create the XML 
software is commercially available from several Internet Web sites as 
shareware or subject to low-cost licensing options. From the Commission 
staff's own experience, relatively inexpensive XML software can be 
obtained that can adequately provide the basic tariff filing.
---------------------------------------------------------------------------

    \68\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    121. This Final Rule applies to public utilities that own, control 
or operate interstate transmission facilities, natural gas companies 
and oil pipeline companies, the majority of which are not small 
businesses.\69\ The Commission has identified that less than 2% of 
these entities qualify as small entities. 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.  605(b) of 
the RFA.
---------------------------------------------------------------------------

    \69\ See 5 U.S.C. 601(3), citing Section 3 of the Small Business 
Act, 15 U.S.C. 623. Section 3 of the SBA defines a ``small business 
concern'' as a business which is independently owned and operated 
and which is not dominant in its field of operation. The Small 
Business Size Standards component of the North American Industry 
Classification System defines a small utility as a company including 
its affiliates that is primarily engaged in the generation, 
transmission, and/or distribution of electric energy for sale and 
whose total electric output for the preceding fiscal year did not 
exceed 4 million megawatt hours. A small natural gas company is 
defined as a company that transports natural gas and whose annual 
receipts (total income plus cost of good sold) did not exceed $6.5 
million for the previous year. A small oil pipeline company is 
defined a company with 1,500 or less employees for the year.
---------------------------------------------------------------------------

VI. Document Availability

    122. 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.
    123. 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.
    124. 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 57530]]

VII. Effective Date and Congressional Notification

    125. These regulations are effective November 3, 2008. The 
Commission has determined, with the concurrence of the Administrator of 
the Office of Information and Regulatory Affairs of OMB, that this rule 
is not a ``major rule'' as defined in section 351 of the Small Business 
Regulatory Enforcement Fairness Act of 1996.

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 the Commission.
Kimberly D. Bose,
Secretary.

0
In consideration of the foregoing, the Commission amends 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

0
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.


0
2. Section 35.1 is amended as follows:
0
a. The section heading is revised;
0
b. In paragraph (a), the first sentence is revised;
0
c. In paragraph (a), the phrase ``or tariff'' is added after the phrase 
``rate schedule'';
0
d. In paragraphs (b) and (c), remove all references to ``supplement'';
0
e. In paragraphs (b) and (c), the phrase ``or tariff'' is removed and 
the phrase ``, tariff, or service agreement'' is added in its place;
0
f. In paragraph (c), the phrase ``Notices of Cancellation or 
Termination'' is removed, and the phrase ``cancellation or 
termination'' is added in its place;
0
g. In paragraph (d), the phrase ``, tariffs or service agreements'' is 
added after the phrase ``rate schedules'';
0
h. In paragraph (g), the phrase ``service'' is added before the phrase 
``agreement''. The revisions read as follows:


Sec.  35.1  Application; obligation to file rate schedules, tariffs and 
certain service agreements.

    (a) Every public utility shall file with the Commission and post, 
in conformity with the requirements of this part, full and complete 
rate schedules and tariffs and those service agreements not meeting the 
requirements of Sec.  35.1(g), clearly and specifically setting forth 
all rates and charges for any transmission or sale of electric energy 
subject to the jurisdiction of this Commission, the classifications, 
practices, rules and regulations affecting such rates, charges, 
classifications, services, rules, regulations or practices, as required 
by section 205(c) of the Federal Power Act (49 Stat. 851; 16 U.S.C. 
824d(c)). * * *
* * * * *

0
3. Section 35.2 is amended as follows:
0
a. Paragraph (b) is revised;
0
b. Paragraphs (c), (d), and (e) are redesignated as paragraphs (d), 
(e), and (f) respectively;
0
c. In redesignated paragraphs (d) and (f), the phrase ``rate schedule'' 
is removed and the phrase ``rate schedule, tariff or service 
agreement'' is added in its place;
0
d. Paragraph (c) is added; and
0
e. Newly redesignated paragraph (e) is revised.
    The revisions read as follows:


Sec.  35.2  Definitions.

* * * * *
    (b) Rate schedule. The term rate schedule as used herein shall mean 
a statement of (1) electric service as defined in paragraph (a) of this 
section, (2) rates and charges for or in connection with that service, 
and (3) all classifications, practices, rules, or regulations which in 
any manner affect or relate to the aforementioned service, rates, and 
charges. This statement shall be in writing and may take the physical 
form of a contract, purchase or sale or other agreement, lease of 
facilities, or other writing. Any oral agreement or understanding 
forming a part of such statement shall be reduced to writing and made a 
part thereof. A rate schedule is designated with a Rate Schedule 
number.
    (c)(1) Tariff. The term tariff as used herein shall mean a 
statement of (1) electric service as defined in paragraph (a) of this 
section offered on a generally applicable basis, (2) rates and charges 
for or in connection with that service, and (3) all classifications, 
practices, rules, or regulations which in any manner affect or relate 
to the aforementioned service, rates, and charges. This statement shall 
be in writing. Any oral agreement or understanding forming a part of 
such statement shall be reduced to writing and made a part thereof. A 
tariff is designated with a Tariff Volume number.
    (2) Service agreement. The term service agreement as used herein 
shall mean an agreement that authorizes a customer to take electric 
service under the terms of a tariff. A service agreement

[[Page 57531]]

shall be in writing. Any oral agreement or understanding forming a part 
of such statement shall be reduced to writing and made a part thereof. 
A service agreement is designated with a Service Agreement number.
* * * * *
    (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 place at the 
public utility's principal and district or division offices in the 
territory served, and/or accessible in electronic format, 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, service agreement or tariff 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, service agreement or tariff 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 public utility 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.
* * * * *

0
4. Section 35.3 is amended as follows:
0
a. Paragraph (a) is revised;
0
b. In paragraph (b), first sentence, the phrase ``, tariffs or service 
agreements'' is added after the phrase ``Rate schedules'';
0
c. In paragraph (b), second sentence, the phrase ``or service 
agreement'' is added after the phrase ``rate schedule''.
    The revision reads as follows:


Sec.  35.3  Notice requirements.

    (a)(1) 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 tariff 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 or 
tariff, 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 schedule or tariff filing having a filing 
date in accordance with Sec.  35.2(d) may be deferred by the public 
utility making a filing requesting deferral prior to the rate schedule 
or tariff's acceptance by the Commission.
    (2) Service agreements. Service agreements that are required to be 
filed and posted authorizing a customer to take electric service under 
the terms of a tariff, or any part thereof, shall be tendered for 
filing with the Commission and posted not more than 30 days after 
electric service has commenced or such other date as may be specified 
by the Commission.
* * * * *


Sec.  35.4  [Amended]

0
5. In Sec.  35.4, the phrase ``, tariff or service agreement'' is added 
following the phrase ``rate schedule''.


Sec.  35.6  [Amended]

0
6. In Sec.  35.6, the phrase ``, tariff or service agreement'' is added 
following the phrase ``rate schedule''.
0
7. 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 and service agreements, or parts thereof, and material that 
relates to or bears upon such documents, such as cancellations, 
amendments, withdrawals, termination, or adoption of tariffs.
    (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 Reference Room, 888 First Street, NE., 
Washington, DC 20426.

0
8. In Sec.  35.8, the section heading is revised as set forth below, 
paragraph (b) is removed, the designation ``(a)'' is removed from 
paragraph (a), and the paragraph (a) heading, ``Protests or 
interventions'' is removed.


Sec.  35.8  Protests and interventions by interested parties.

* * * * *

0
9. Section 35.9 is revised to read as follows:


Sec.  35.9  Requirements for filing rate schedules, tariffs or service 
agreements.

    (a) Rate schedules, tariffs, and service agreements may be filed 
either by dividing the rate schedule, tariff, or service agreements 
into individual sheets or 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

[[Page 57532]]

or sections. If filed as sections, the sections must be no larger than 
the 1.0 level, although each schedule or attachment may be a single 
section. Individual service agreements that are entered into pursuant 
to the OATT may be filed as entire documents.
    (c) OATT 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 service agreements that are part entered into 
pursuant to the OATT may be filed as entire documents.

0
10. Section 35.10 is amended as follows:
0
a. The section heading is revised;
0
b. In paragraph (a), the phrase ``, tariff or service agreement'' is 
added after the phrase ``rate schedule'' anywhere it appears in the 
paragraph; and
0
c. Paragraphs (b) and (c) are revised. The revisions read as follows:


Sec.  35.10  Form and style of rate schedules, tariffs and service 
agreements.

* * * * *
    (b) At the time a public utility files with the Commission and 
posts under this part to supersede or 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 sheets or 
sections revised, and file a marked version of the rate schedule, 
tariff or service agreement sheets or sections showing additions and 
deletions. New language must be marked by either highlighting, 
background shading, bold text, or underlined text. Deleted language 
must be marked by strike-through.
    (c) In any filing to supersede or 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, tariff 
or service agreement 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]

0
11. In Sec.  35.10a(b), the phrase ``in the same format'' is removed 
and the phrase ``filed electronically as'' is added in its place, and 
the phrase ``Sec.  35.10(b)'' is removed, and the phrase ``Sec.  35.7'' 
is added in its place.


Sec.  35.11  [Amended]

0
12. In Sec.  35.11, the phrase ``, tariff or service agreement'' is 
added after the phrase ``rate schedule''.
0
13. Section 35.12 is amended as follows:
0
a. The section heading is revised to read as set forth below;
0
b. In paragraphs (a), (b)(2)(i), (b)(4), and (b)(5)(ii), the phrase 
``schedule'' is removed, and the phrase ``rate schedule or tariff'' is 
added in its place; and
0
c. In paragraph (b)(2)(ii), the phrase ``or she'' is added after the 
phrase ``he''.


Sec.  35.12  Filing of initial rate schedules and tariffs.

* * * * *

0
14. Section 35.13 is amended as follows:
0
a. The section heading and paragraph (a) introductory text are revised;
0
b. In paragraph (a)(1), the phrase ``, tariff, or service agreement'' 
is added following the phrase ``rate schedule''.
0
c. In paragraph (a)(2)(iii), the phrase ``, tariff, or service 
agreement'' is added after the phrase ``rate schedule'', and the phrase 
``schedule or tariff'' is removed in the first sentence.
0
d. In paragraphs (a)(2)(iv), (a)(2)(iv)(A) and (a)(2)(iv)(B), the 
phrase ``schedule'' is removed after the word ``rate'' in all places 
where it appears.
0
e. In paragraph (b)(1), the phrase ``schedule `` is removed.
0
f. In paragraph (b)(2), the phrase ``schedule'' is removed.
0
g. In paragraph (b)(3), the phrase ``schedule'' is removed, and the 
phrase ``mailed or e-mailed'' is removed, and the phrase ``posted'' is 
added in its place.
0
h. In paragraphs (b)(4), (b)(5), (b)(6), the phrase ``schedule'' is 
removed.
0
i. Paragraph (b)(8) is removed.
0
j. The heading to paragraph (c) introductory text is amended by 
removing the word ``schedule''.
0
k. In paragraph (c)(1), introductory text, remove the reference to ``or 
supplemented''.
0
l. In paragraph (c)(1) introductory text, the phrase ``, tariff, or 
service agreement'' is added after the first phrase ``rate schedule,'' 
and the second phrase ``schedule or tariff'' is removed after the 
phrase ``rate''.
0
m. In paragraphs (c)(1)(i), (c)(1)(ii)(A), (c)(1)(ii)(B), (c)(2), 
(c)(3), the phrase ``schedule'' is removed following the word ``rate''.
0
n. In paragraphs (d)(1)(ii) introductory text, (d)(3)(i), 
(d)(3)(ii)(A), and (d)(3)(ii)(B), the phrase ``schedule'' is removed 
following the word ``rate''.
0
o. In paragraph (d)(5), the phrase ``cut or folded to letter size,'' is 
removed and the phrase ``provided in electronic format, shall be 
legible,'' is added in its place.
0
p. In paragraph (e)(1)(i), the phrase ``schedule'' is removed after the 
phrase ``rate''.
0
q. In paragraph (f), the phrase ``schedule'' is removed after the 
phrase ``rate'' anywhere it appears in the paragraph.
    The revisions read as follows:


Sec.  35.13  Filing of changes in rate schedules, tariffs or service 
agreements.

* * * * *
    (a) General rule. Every public utility shall file the information 
required by this section, as applicable, at the time it files with the 
Commission under Sec.  35.1 all or part of a rate schedule, tariff or 
service agreement to supersede or otherwise change the provisions of a 
rate schedule, tariff or service agreement filed with the Commission 
under Sec.  35.1. Any petition filed under Sec.  385.207 of this 
chapter for waiver of any provision of this section shall specifically 
identify the requirement that the applicant wishes the Commission to 
waive.
* * * * *


Sec.  35.14  [Amended]

0
15. Section 35.14 is amended as follows:
0
a. In paragraph (a), introductory text, the phrase ``(fuel clause)'' is 
added after phrase ``Fuel adjustment clause'', and the phrase ``, 
tariffs or service agreements'' is added after the phrase ``rate 
schedules'' anywhere it appears in the paragraph's introductory text.
0
b. In paragraph (a)(7), the phrase ``schedule'' is removed in the 
second to last sentence.

0
16. In Sec.  35.15, paragraph (a) is revised, to read as follows:


Sec.  35.15  Notices of cancellation or termination.

    (a) General rule. When a rate schedule, tariff or service agreement 
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, tariff or service agreement or part thereof is to be filed in 
its place, a filing must be made to cancel such rate schedule, tariff 
or service agreement or part thereof 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. A copy of such notice to the 
Commission shall be duly posted. With such notice, each filing party 
shall submit a statement giving the reasons for the proposed 
cancellation or termination, and a list of the affected purchasers to 
whom the notice has been provided. For good cause shown, the

[[Page 57533]]

Commission may by order provide that the notice of cancellation or 
termination shall be effective as of a date prior to the date of filing 
or prior to the date the filing would become effective in accordance 
with these rules.
* * * * *


Sec.  35.16  [Amended]

0
17. In Sec.  35.16, the phrase ``on the form indicated in Sec.  131.51 
of this chapter'' is removed and the phrase ``with a tariff consistent 
with the electronic filing requirements in Sec.  35.7 of this part'' is 
added in its place.
0
18. Section 35.17 is amended as follows:
0
a. The section heading is revised;
0
b. Paragraphs (a), (b), and (c) are redesignated as paragraphs (c), 
(d), and (e), respectively;
0
c. New paragraphs (a) and (b) are added; and
0
d. In redesignated paragraphs (c), (d), and (e), the phrase ``tariff'' 
is removed and the phrase ``, tariffs or service agreements'' is added 
in its place.
The revisions and additions read as follows:


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

    (a) Withdrawals of rate schedule, tariff or service agreement 
filings prior to Commission action. (1) A public utility may withdraw 
in its entirety a rate schedule, tariff or service agreement 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, 
tariff or service agreement sections will not become effective under 
section 205(d) of the Federal Power Act in the absence of Commission 
action making the rate schedule, tariff or service agreement filing 
effective.
    (2) The withdrawal motion will become effective, and the rate 
schedule, tariff or service agreement 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 rate schedule, tariff or service 
agreement sections prior to Commission action on the filing. A public 
utility may file to amend or modify, and may file a settlement that 
would amend or modify, a rate schedule, tariff or service agreement 
section contained in a rate schedule, tariff or service agreement 
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.  35.18  [Amended]

0
19. In Sec.  35.18, paragraph (a), first sentence, the phrase ``, 
tariff or service agreement'' is added after the phrase ``rate 
schedule''.


Sec.  35.21  [Amended]

0
20. In Sec.  35.21, footnote 5, the words ``footnote 1 to'' are 
removed.


Sec.  35.22  [Amended]

0
21. In Sec.  35.22, in the section heading, paragraph (a), paragraph 
(f) heading, and paragraph (f)(1), the phrase ``, tariffs or service 
agreements'' is added after the phrase ``rate schedules''.
0
22. In Sec.  35.23, paragraph (b)(1)(ii) is revised to read as follows:


Sec.  35.23  General provisions.

    (b) * * *
    (1) * * *
    (ii) Submit the revisions in accordance with Sec.  35.7; and
* * * * *


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

0
23. In addition to the amendments set forth above, in 18 CFR Part 35, 
the following nomenclature changes are made to the sections indicated:
0
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.
0
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

0
24. 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.  131.51  [Removed]

0
25. Section 131.51 is removed and reserved.


Sec.  131.52  [Amended]

0
26. In Sec.  131.52, the words ``(An original and one conformed copy to 
be submitted)'' are removed.


Sec.  131.53  [Removed]

0
27, Section 131.53 is removed and reserved.

PART 154--RATE SCHEDULES AND TARIFFS

0
28. 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.


0
29. In Sec.  154.2, paragraph (b) is amended by removing the words 
``either in book form or'', and paragraph (d) is revised to read as 
follows:


Sec.  154.2  Definitions.

* * * * *
    (d) Post means: to make a copy of a natural gas company's tariff 
and contracts available during regular business hours for public 
inspection in a convenient form and place at the natural gas company's 
offices where business is conducted with affected customers; and, to 
serve each affected customer and interested state Commission in 
accordance with Sec.  154.208 of this Part.
* * * * *
0
30. 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, and motions relating to suspension.
    (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;

[[Page 57534]]

    (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 Reference Room, 888 First Street, NE., 
Washington, DC 20426.


Sec.  154.5  [Amended]

0
31. In Sec.  154.5, the words ``375.307(b)(2)'' are removed and the 
words ``Part 375'' are added in their place.
0
32. In Sec.  154.7, paragraph (b) is revised to read as follows:


Sec.  154.7  General requirements for the submission of a tariff filing 
or executed service agreement.

* * * * *
    (b) A certification of service to all customers and state 
commissions pursuant to Sec.  154.2(d).


Sec.  154.101  [Removed]

0
33. Section 154.101 is removed and reserved.
0
34. 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 transportation 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 and must include at a minimum a section for each item 
listed in the table of contents under Sec.  154.103 of this section and 
each topic listed under General Terms and Conditions of Service.
    (c) Individual negotiated rate agreements, non-conforming service 
agreements, or other agreements that are included in the tariff may be 
filed as entire documents.
    (d) The first section or sheet of the tariff must include:
    (1) The FERC Gas Tariff Volume Number and Name of the Natural Gas 
Company, for example
    FERC Gas Tariff Volume No. [ ] of [Name of Natural Gas Company]
    (2) The name, title, address, telephone number, e-mail address and 
facsimile number of a person to whom communications concerning the 
tariff should be sent.

0
35. 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]

0
36. In Sec.  154.106, paragraph (b) is removed and reserved.
0
37. In Sec.  154.112, the fourth through sixth sentences of paragraph 
(a) and the second sentence of paragraph (b) are revised to read as 
follows:


Sec.  154.112  Exception to form and composition of tariff.

    (a) * * *. Modifications must be made by inserting revised sheets, 
sections or the entire document as appropriate. Special rate schedules 
must be included in a separate volume of the tariff. Each such separate 
volume must contain a table of contents which is incorporated as a 
sheet or section in the open access transmission tariff.
    (b) * * * Such non-conforming agreements must be referenced in the 
open access transmission tariff.


Sec.  154.107  [Amended]

0
38. Section 154.107 is amended as follows:
0
a. In paragraphs (d) and (e) all references to ``sheet'' are removed 
and ``sheet or section'' is added in their place.
0
b. In paragraph (e) the reference to ``or Gas Research Institute'' is 
removed.
0
39. 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 sheets or 
sections being revised and a marked version of the sheets 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.
* * * * *

0
40. Section 154.205 is amended as follows:
0
a. Paragraphs (a), (b), and (c) are redesignated as paragraphs (c), 
(d), and (e), respectively.
0
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 sheets, 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 sheets, 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

[[Page 57535]]

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.
* * * * *

0
41. In Sec.  154.208, the section heading is revised, paragraph (d) is 
revised, and paragraphs (e) and (f) are added to read as follows:


Sec.  154.208  Service of tariff filings 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 of initial tariff filings 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]

0
42. Section 154.209 is removed and reserved.


Sec.  154.402  [Amended]

0
43. 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]

0
44. 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''.

0
45. 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]

0
46. In addition to the amendments set forth above, in 18 CFR Part 154, 
the following nomenclature changes are made to the sections as amended:
0
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.
0
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

0
47. The authority citation for part 157 continues to read as follows:

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


0
48. 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

0
49. 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]

0
50. Sections 250.2, 250.3, and 250.4 are removed and reserved.

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

0
51. 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.


0
52. 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]

0
53. In addition to the amendments set forth above, in 18 CFR Part 281, 
the following nomenclature changes are made to the sections as amended:
0
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.
0
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

0
54. 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.


0
55. 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

[[Page 57536]]

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.
    (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 Reference Room, 888 First Street, NE., 
Washington, DC 20426.
0
56. 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

0
57. The authority citation for part 300 continues to read as follows:

    Authority: 16 U.S.C. 825s, 832-8321, 838-838k, 839-839h; 42 
U.S.C. 7101-7352; 43 U.S.C. 485-485k.

0
58. 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.
* * * * *

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

0
59. The authority citation for part 341 continues to read as follows:

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


0
60. 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, 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.
* * * * *

0
61. Section 341.1 is revised to read as follows:


Sec.  341.1  Electronic filing of tariffs and related materials.

    (a) General rule. Filings of tariff publications and related 
materials must be made electronically.
    (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 Reference Room, 888 First Street, NE., 
Washington, DC 20426.

0
62. Section 341.2 is amended as follows:
0
a. Paragraph (c)(3) is removed.
0
b. In paragraph (c)(1), the reference to `` or supplement numbers'' is 
removed and ``supplemental numbers, or tariff sections'' is added in 
its place.
0
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 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.
* * * * *
    (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. For service made on paper, 
the letters of transmittal must certify that the filing has been sent 
to each customer or party by first class mail or other agreed-upon 
means. If there are no subscribers, letters of transmittal must so 
certify.
* * * * *

0
63. 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-

[[Page 57537]]

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................  [caret]          [W]
Cancel................................  /                [C]
Reissued Item.........................  ~                [R]
Unchanged Rate........................  =                [U]
New...................................  +                [N]
------------------------------------------------------------------------

* * * * *
    (vi) Only revisions to tariff provisions identified in the filing 
constitute the tariff filing. Revisions to unidentified 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]

0
64. In Sec.  341.4, paragraph (c) is removed and reserved.
0
65. 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

0
66. The authority citation for part 344 continues to read as follows:

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


0
67. Amend Sec.  344.2 as follows:
0
a. Remove and reserve paragraph (b).
0
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 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

0
68. 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.


0
69. 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

0
70. 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.


0
71. In Sec.  347.1, remove the second sentence of paragraph (a), remove 
the last two sentences of paragraph (c), and revise paragraph (b) to 
read as follows:


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

* * * * *
    (b) All filings under this Part must be made electronically 
pursuant to the requirements of Sec. Sec.  341.1 and 341.2 of this 
chapter.
* * * * *

PART 348--OIL PIPELINE APPLICATIONS FOR MARKET POWER DETERMINATIONS

0
72. 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.


0
73. In Sec.  348.2, paragraphs (a) and (c) are revised to read as 
follows:


Sec.  348.2  Procedures.

    (a) All filings under this Part must be made electronically 
pursuant to the requirements of 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

0
74. 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.


0
75. Amend Sec.  375.307 as follows:
0
a. Paragraph (b)(1)(i) is amended by removing the word ``and'' from the 
end of the paragraph.
0
b. Paragraph (b)(1)(ii) is amended by removing the period at the end of 
the

[[Page 57538]]

paragraph and adding ``; and'' in its place.
0
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

0
76. 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]

0
77. In Sec.  385.203, paragraph (a)(4), the reference to ``sheets'' is 
removed and ``sheets or sections'' is added in its place.

0
78. In Sec.  385.215, paragraph (a)(2) is amended by adding a new 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. * * *
* * * * *

0
79. In Sec.  385.216, the heading and paragraph (a) are 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]

0
80. 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]

0
81. In Sec.  385.2011, paragraph (b)(1) is removed and reserved, and 
paragraphs (b)(4) and (b)(5) are removed.

    Note: The following appendix will not appear in the Code of 
Federal Regulations.

Appendix

Commenters and Abbreviations

American Gas Association (AGA)
Arizona Public Service Company (APS)
Association of Oil Pipe Lines (AOPL)
Bonneville Power Administration (Bonneville)
California Independent System Operator Corporation (CAISO)
Duke Energy Corporation (Duke Energy)
Edison Electric Institute (EEI)
Entergy Services, Inc. (Entergy)
FirstEnergy Service Company (FirstEnergy)
Interstate Natural Gas Association of America (INGAA)
ISO New England, Inc. (ISO New England)
Midwest Independent Transmission System Operator, Inc. (Midwest ISO)
Nevada Power Company and Sierra Pacific Power Company (Nevada Power)
New England Participating Transmission Owners Administrative 
Committee (New England PTOs)
Public Service Electric and Gas Company and PSEG Energy Resources & 
Trade LLC (PSEG)
Southern California Edison Company (Southern California Edison)
TransCanada Corporation (TransCanada)
UNICON, Inc. (UNICON)

[FR Doc. E8-22500 Filed 10-2-08; 8:45 am]
BILLING CODE 6717-01-P