[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Page 55770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25972]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM01-5-000; Order No. 714]


Electronic Tariff Filings; Correction

October 23, 2009.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final regulations, 
which were published in the Federal Register of Wednesday, October 3, 
2008 (73 FR 57515). The regulations relate to the obligation to file 
rate schedules, tariffs and certain service agreements and to the 
withdrawals and amendments of rate schedules, and tariff or service 
agreement filings.

DATES: Effective on October 29, 2009.

FOR FURTHER INFORMATION CONTACT:  Andre Goodson, 888 First St., NE., 
Washington, DC 20426, (202) 502-8560, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The final regulations that are the subject of these corrections 
concern the filing of rate schedules, tariffs, and service agreements 
under the Federal Power Act.

Need for Correction

    In Order No. 714, the instructions for the amendatory language 
contained errors that resulted in the publication of incorrect language 
in the Federal Register for sections 35.1 and 35.17. In particular, the 
published regulations do not reflect that they are applicable to rate 
schedules, tariffs, and service agreements.

List of Subjects in 18 CFR Part 35

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

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Accordingly, 18 CFR part 35 is corrected by making the following 
correcting amendments:

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

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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.


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2. In Sec.  35.1, paragraphs (b) and (c) are revised to read as 
follows:


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

* * * * *
    (b) A rate schedule, tariff, or service agreement applicable to a 
transmission or sale of electric energy, other than that which proposes 
to supersede, cancel or otherwise change the provisions of a rate 
schedule, tariff, or service agreement required to be on file with this 
Commission, shall be filed as an initial rate in accordance with Sec.  
35.12.
    (c) A rate schedule, tariff, or service agreement applicable to a 
transmission or sale of electric energy which proposes to supersede, 
cancel or otherwise change any of the provisions of a rate schedule, 
tariff, or service agreement required to be on file with this 
Commission (such as providing for other or additional rates, charges, 
classifications or services, or rules, regulations, practices or 
contracts for a particular customer or customers) shall be filed as a 
change in rate in accordance with Sec.  35.13, except cancellation or 
termination which shall be filed as a change in accordance with Sec.  
35.15.
* * * * *


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3. In Sec.  35.17, the heading and paragraphs (c) and (d) are revised 
to read as follows:


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

* * * * *
    (c) Withdrawal of suspended rate schedules, tariffs, or service 
agreements, or parts thereof. Where a rate schedule, tariff, or service 
agreement, or part thereof has been suspended by the Commission, it may 
be withdrawn during the period of suspension only by special permission 
of the Commission granted upon application therefor and for good cause 
shown. If permitted to be withdrawn, any such rate schedule, tariff, or 
service agreement may be refiled with the Commission within a one-year 
period thereafter only with special permission of the Commission for 
good cause shown.
    (d) Changes in suspended rate schedules, tariffs, or service 
agreements, or parts thereof. A public utility may not, within the 
period of suspension, file any change in a rate schedule, tariff, or 
service agreement, or part thereof, which has been suspended by order 
of the Commission except by special permission of the Commission 
granted upon application therefor and for good cause shown.
* * * * *

Kimberly D. Bose,
Secretary.
[FR Doc. E9-25972 Filed 10-28-09; 8:45 am]
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