18 C.F.R. § 35.11

Waiver of notice requirement

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Upon application and for good cause shown, the Commission may, by order, provide that a rate schedule or tariff, tariff or service agreement, or part thereof, shall be effective as of a date prior to the date of filing or prior to the date the rate schedule or tariff, tariff or service agreement would become effective in accordance with these rules. Application for waiver of the prior notice requirement shall show (a) how and the extent to which the filing public utility and purchaser(s) under such rate schedule or tariff, tariff or service agreement, or part thereof, would be affected if the notice requirement is not waived, and (b) the effects of the waiver, if granted, upon purchasers under other rate schedules. The filing public utility requesting such waiver of notice shall serve copies of its request therefor upon all purchasers.

[Order 271, 28 FR 10573, Oct. 2, 1963, as amended by Order 714, 73 FR 57532, 57533, Oct. 3, 2008]

Notes of Decisions

Cited in 4 cases, 1979–2007 · leading case: The City of Piqua, Ohio v. Fed. Energy Regulatory Comm'n, Dayton Power & Light Co., Intervenor, 610 F.2d 950 (D.C. Cir. 1979).

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The City of Piqua, Ohio v. Fed. Energy Regulatory Comm'n, Dayton Power & Light Co., Intervenor, 610 F.2d 950 (D.C. Cir. 1979). “Application for waiver of the prior notice requirement shall show (a) how and the extent to which the filing public utility and purchaser(s) under such rate schedule, or part thereof, would be affected if the notice requirement is not waived, and (b) the effects of the waiver,…”

Vermont Dep't of Pub. Serv. v. Fed. Energy Regulatory Comm'n, Vermont Elec. Power Co., Intervenor, 817 F.2d 127 (D.C. Cir. 1987). “, which requires “good cause” to support a waiver; (2) they mark a departure from the Commission’s own regulation, 18 C.F.R. § 35.11 (1986), which requires, among other things, evaluation of the adverse impact of a waiver on the utility’s customer; (3) by permitting VEL-CO to…”

City of Girard, Kansas v. Fed. Energy Regulatory Comm'n, Kansas Gas & Elec. Co., Intervenor, 790 F.2d 919 (D.C. Cir. 1986). “*925 18 C.F.R. § 35.11 (1985) (emphasis added).”

Xcel Energy Servs. Inc. v. Fed. Energy Regulatory Comm'n, 510 F.3d 314 (D.C. Cir. 2007). “” 18 C.F.R. § 35.11 . Xcel argues that it was entitled to a waiver under existing precedent.”

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