18 C.F.R. § 35.15

Notices of cancellation or termination

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(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 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.

(b) Applicability. (1) The provisions of paragraph (a) of this section shall apply to all contracts for unbundled transmission service and all power sale contracts:

(i) Executed prior to July 9, 1996; or

(ii) If unexecuted, filed with the Commission prior to July 9, 1996.

(2) Any power sales contract executed on or after July 9, 1996 that is to terminate by its own terms shall not be subject to the provisions of paragraph (a) of this section.

(c) Notice. Any public utility providing jurisdictional services under a power sales contract that is not subject to the provisions of paragraph (a) of this section shall notify the Commission of the date of the termination of such contract within 30 days after such termination takes place.

[Order 888, 61 FR 21692, May 10, 1996, as amended by Order 714, 73 FR 57532, Oct. 3, 2008]

Notes of Decisions

Cited in 9 cases, 1978–2013 · leading case: Power Co. of Am., L.P. v. Fed. Energy Regulatory Comm'n, 245 F.3d 839 (D.C. Cir. 2001).

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Power Co. of Am., L.P. v. Fed. Energy Regulatory Comm'n, 245 F.3d 839 (D.C. Cir. 2001). · cites it 10× “” 18 C.F.R. § 35.15 (a). 1 The issue, then, is whether the terminated contracts were “required to be on file with the Commission.”

Ne. Rural Elec. Membership Corp. v. Wabash Valley Power Ass'n, 707 F.3d 883 (7th Cir. 2013). · cites it 2× “§ 824d(d); 18 C.F.R. § 35.15 (requiring notice and filing with FERC to cancel or terminate a rate schedule).”

Sacramento Mun. Util. Dist. v. Fed. Energy Regulatory Comm'n, 474 F.3d 797 (D.C. Cir. 2007). · cites it 2× “Because termination of transmission service constitutes a rate change requiring FERC approval under section 205(d) of the Federal Power Act (FPA), 16 U.”

Pub. Util. Dist. No. 1 v. Fed. Energy Regulatory Comm'n, 272 F.3d 607 (D.C. Cir. 2001). “7, 1995) (codified at 18 C.F.R. §§ 35.15 , 35.26-35.29). Beginning in the late 1960s, however, significant economic changes and technological advances in generation and transmission gave rise to many new entrants in the generating markets, which, by using smaller scale…”

Borough of Ellwood City v. Fed. Energy Regulatory Comm'n, Pennsylvania Power Co., Intervenor, 583 F.2d 642 (3rd Cir. 1978). “The current regulation, 18 C.F.R. § 35.15 (1977), requires filing with the Commission before “a rate schedule or part thereof required to be on file with the Commission is proposed to be cancelled or is to terminate by its own terms,” As late as 1961, this regulation then…”

Council of the City of New Orleans v. Fed. Energy Regulatory Comm'n, 692 F.3d 172 (D.C. Cir. 2012). “See 18 C.F.R. § 35.15 (“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…”

Transmission Access Policy Study Grp. v. Fed. Energy Regulatory Comm'n, 225 F.3d 667 (D.C. Cir. 2000). · cites it 3× “See 18 C.F.R. § 35.15 (1995) (repealed by Order 888).”

Kentucky Utils. Co. v. Fed. Energy Regulatory Comm'n, Jackson Purchase Elec. Coop. Corp., Cities of Barbourville, Intervenors, 689 F.2d 207 (D.C. Cir. 1982). “The Commission’s regulations require that a utility file “[a] table or statement comparing sales and services and revenues from sales and services under the rate schedule to be superceded or supplemented and under the rate schedule change,” 18 C.F.R. § 35.15 (c)(1) (emphasis…”

Transmission Access Policy Study Grp. v. Fed. Energy Regulatory Comm'n, 225 F.3d 667 (D.C. Cir. 2000). · cites it 3× “See 18 C.F.R. § 35.15 (1995) (repealed by Order 888).”

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