C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER A—GENERAL RULES › PART 2—GENERAL POLICY AND INTERPRETATIONS

18 C.F.R. § 2.4

Suspension of rate schedules

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The Commission approved and adopted on May 29, 1945, the following conclusions as to its powers of suspension of rate schedules under section 205 of the act:

(a) The Commission cannot suspend a rate schedule after its effective date.

(b) The Commission can suspend any new schedule making any change in an existing filed rate schedule, including any rate, charge, classification, or service, or in any rule, regulation, or contract relating thereto, contained in the filed schedule.

(c) Included in such changes which may be suspended are:

(1) Increases.

(2) Reductions.

(3) Discriminatory changes.

(4) Cancellation or notice of termination.

(5) Changes in classification, service, rule, regulation or contract.

(d) Immaterial, unimportant or routine changes will not be suspended.

(e) During suspension, the prior existing rate schedule continues in effect and should not be changed during suspension.

(f) Changes under escalator clauses may be suspended as changes in existing filed schedules.

(g) Suspension of a rate schedule, within the ambit of the Commission's statutory authority is a matter within the discretion of the Commission.

(Natural Gas Act, 15 U.S.C. 717-717w (1976 & Supp. IV 1980); Federal Power Act, 16 U.S.C. 791a-828c (1976 & Supp. IV 1980); Dept. of Energy Organization Act, 42 U.S.C. 7101-7352 (Supp. IV 1980); E.O. 12009, 3 CFR part 142 (1978); 5 U.S.C. 553 (1976)) [Order 141, 12 FR 8471, Dec. 19, 1947. Redesignated by Order 147, 13 FR 8259, Dec. 23, 1948, and amended by Order 303, 48 FR 24361, June 1, 1983; Order 575, 60 FR 4852, Jan. 25, 1995]
Notes of Decisions
Cited in 9 cases, 1961–2016 · leading case: Tennessee Gas Pipeline Co., a Div. of Tenneco, Inc. v. Fed. Energy Regulatory Comm'n, 736 F.2d 747 (D.C. Cir. 1984).
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Tennessee Gas Pipeline Co., a Div. of Tenneco, Inc. v. Fed. Energy Regulatory Comm'n, 736 F.2d 747 (D.C. Cir. 1984). · cites it 2× “Rejecting a longstanding position on which a Commission interpretative rule ( 18 C.F.R. § 2.4 (1983)) rested, FERC held it had authority to suspend initial rates filed under the FPA.”
Xcel Energy Servs. Inc. v. Fed. Energy Regulatory Comm'n, 815 F.3d 947 (D.C. Cir. 2016). “It stated it lacked authority to suspend rates retroactively and order refunds because of its “longstanding policy” that rate schedules cannot be suspended after they take effect, 18 C.F.R. § 2.4 (a). Id. at P 28. It rejected Xcel’s argument that there is an equitable…”
Coop. Power Ass'n v. Fed. Energy Regulatory Comm'n, 733 F.2d 577 (8th Cir. 1984). · cites it 2× “” 18 CFR § 2.4 (a). CPA argues that § 313(a) of the Act gives the Commission the general power to modify its orders at any time.”
Coop. Power Ass'n v. Fed. Energy Regulatory Comm'n, 739 F.2d 390 (8th Cir. 1984). “The Commission stated: Since we lack the authority to suspend a rate after it has become effective, 18 CFR 2.4(a), we cannot change our decision not to suspend and make the rate subject to refund.”
Amerada Petroleum Corp. v. Fed. Power Comm'n, (Two Cases), 293 F.2d 572 (10th Cir. 1961). “” Manifestly, that is a sweeping grant of administrative authority to be exercised in the sound discretion of the Commission.”
Pan Am. Petroleum Corp. v. Fed. Power Comm'n, 287 F.2d 469 (10th Cir. 1961). “Where increased rates or charges are thus made effective, the Commission may, by order, require the natural-gas company to furnish a bond, to be approved by the Commission, to refund any amounts ordered by the Commission * * * ”.”
Middle South Energy, Inc. v. Fed. Energy Regulatory Comm'n, 747 F.2d 763 (D.C. Cir. 1984). · cites it 4× “18 C.F.R. §§ 2.4 (d), 2.52 (1983). R. at 161-77.”
Otter Tail Power Co. v. Fed. Energy Regulatory Comm'n, 583 F.2d 399 (8th Cir. 1978). “” 18 C.F.R. § 2.4 (f). Cf. Sunray Mid-Continent Oil Co.”
Florida Power & Light Co. v. Fed. Energy Regulatory Comm'n, 617 F.2d 809 (D.C. Cir. 1980). “See 18 C.F.R. § 2.4 (a) (1979). At the end of the thirtieth day, the Commission, by operation of law, loses its power to take action pursuant to this section.”
— 18 C.F.R. § 2.4(a) — 2 cases
Coop. Power Ass'n v. Fed. Energy Regulatory Comm'n, 739 F.2d 390 (8th Cir. 1984). “The Commission stated: Since we lack the authority to suspend a rate after it has become effective, 18 CFR 2.4(a), we cannot change our decision not to suspend and make the rate subject to refund.”
Coop. Power Ass'n v. Fed. Energy Regulatory Comm'n, 733 F.2d 577 (8th Cir. 1984). “” 18 CFR § 2.4 (a). CPA argues that § 313(a) of the Act gives the Commission the general power to modify its orders at any time.”
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