C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER B—REGULATIONS UNDER THE FEDERAL POWER ACT › PART 35—FILING OF RATE SCHEDULES AND TARIFFS › Subpart A—Application

18 C.F.R. § 35.2

Definitions

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(a) Electric service. The term electric service as used herein shall mean the transmission of electric energy in interstate commerce or the sale of electric energy at wholesale for resale in interstate commerce, and may be comprised of various classes of capacity and energy sales and/or transmission services. Electric service shall include the utilization of facilities owned or operated by any public utility to effect any of the foregoing sales or services whether by leasing or other arrangements. As defined herein, electric service is without regard to the form of payment or compensation for the sales or services rendered whether by purchase and sale, interchange, exchange, wheeling charge, facilities charge, rental or otherwise.

(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 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.

(d) Filing date. The term filing date as used herein shall mean the date on which a rate schedule, tariff or service agreement filing is completed by the receipt in the office of the Secretary of all supporting cost and other data required to be filed in compliance with the requirements of this part, unless such rate schedule is rejected as provided in § 35.5. If the material submitted is found to be incomplete, the Director of the Office of Energy Market Regulation will so notify the filing utility within 60 days of the receipt of the submittal.

(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.

(f) Effective date. As used herein the effective date of a rate schedule, tariff or service agreement shall mean the date on which a rate schedule filed and posted pursuant to the requirements of this part is permitted by the Commission to become effective as a filed rate schedule. The effective date shall be 60 days after the filing date, or such other date as may be specified by the Commission.

(g) Frequency regulation. The term frequency regulation as used in this part will mean the capability to inject or withdraw real power by resources capable of responding appropriately to a system operator's automatic generation control signal in order to correct for actual or expected Area Control Error needs.

(16 U.S.C. 284(d), 792 et seq.; Pub. L. 95-617; Pub. L. 95-91; E.O. 12009, 42 FR 46267) [Order 271, 28 FR 10573, Oct. 2, 1963, as amended at 28 FR 11404, Oct. 24, 1963; 43 FR 36437, Aug. 17, 1978; 44 FR 16372, Mar. 19, 1979; 44 FR 20077, Apr. 4, 1979; Order 39, 44 FR 46454, Aug. 8, 1979; Order 699, 72 FR 45325, Aug. 14, 2007; Order 701, 72 FR 61054, Oct. 29, 2007; Order 714, 73 FR 57530, Oct. 3, 2008; Order 755, 76 FR 67285, Oct. 31, 2011]
Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1971–2025 · leading case: Cent. Iowa Power Coop. v. Midwest Indep. Transmission Sys. Operator, Inc., 561 F.3d 904 (8th Cir. 2009).
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Cent. Iowa Power Coop. v. Midwest Indep. Transmission Sys. Operator, Inc., 561 F.3d 904 (8th Cir. 2009). “See 18 C.F.R. § 35.2 (b) n. 1 (defining a “tariff’ as “a compilation .”
Boston Edison Co. v. Fed. Energy Regulatory Comm'n, City of Holyoke Gas & Elec. Dep't, Intervenors, 856 F.2d 361 (1st Cir. 1988). · cites it 2× “See 18 C.F.R. § 35.2 (b) (defining “rate schedule”); see also 16 U.”
Florida Power & Light Co. v. Fed. Energy Regulatory Comm'n, 660 F.2d 668 (5th Cir. 1981). · cites it 2× “2 of its Regulations, 18 C.F.R. § 35.2 (1980), as well as administrative efficiency, would better be served with a single tariff than by the maintenance of numerous service agreements.”
Pub. Utils. Comm'n v. Fed. Energy Regulatory Comm'n, 462 F.3d 1027 (9th Cir. 2006). “18 C.F.R. § 35.2 (a). By refusing relief simply because the calculation was difficult, FERC abandoned its duty under the Federal Power Act to ensure just and reasonable rates.”
Mun. Light Boards of Reading & Wakefield Massachusetts v. Fed. Power Comm'n, Boston Edison Co., Intervenor, 450 F.2d 1341 (D.C. Cir. 1971). “In particular 18 C.F.R. § 35.2 provides, in para, (e): “(e) Effective date.”
N. States Power Co. v. Minnesota Pub. Utils. Comm'n, 344 N.W.2d 374 (Minn. 1984). “When FERC uses the term "rate,” it uses the definition found in 18 C.F.R. § 35.2 (b) (1983) as follows: Rate Schedule.”
Mun. Elec. Util. Ass'n v. Fed. Power Comm'n, 485 F.2d 967 (D.C. Cir. 1973). · cites it 2× “27 Additionally, they plainly constitute “rate schedules,” a term encompassing “all classifications, rules, regulations or contracts which in any manner affect or relate to service, rates, and charges,” as defined in the Commission’s Regulations, 18 C.F.R. § 35.2 (b)(3). In view…”
United Gas Pipe Line Co. v. Fed. Energy Regulatory Comm'n, 707 F.2d 1507 (D.C. Cir. 1983). “" 18 C.F.R. § 35.2 (c) (emphasis added). If a filing is complete but rejected, no filing date is assigned which means the tendered filing was never recognized as filed.”
Louisiana Power & Light Co. v. Fed. Energy Regulatory Comm'n, 587 F.2d 671 (5th Cir. 1979). “” 18 C.F.R. § 35.2 (e) (1977). LP&L asserts that the “valid applicable order” contemplated by the contracts is the Commission’s action permitting the filed rate changes to become effective.”
Appeal of Sinclair Mach. Prods., Inc., 498 A.2d 696 (N.H. 1985). “” 18 C.F.R. 35.2(b) (1983); see Northern States Power Co.”
Pub. Util. Dist. No. 1 of Snohomish Cnty. v. Dynegy Power Mktg., Inc., 384 F.3d 756 (9th Cir. 2004). · cites it 2× “1 (a) (requiring utilities to file “rate schedules”); 18 C.F.R. § 35.2 (b) (defining what information must be included in a “rate schedule”); 18 C.”
Pub. Utils. Comm'n of the State of California v. Fed. Energy Regulatory Comm'n, 456 F.3d 1025 (9th Cir. 2006). “18 C.F.R. § 35.2 (a). By refusing relief simply because the calculation was difficult, FERC abandoned its duty under the Federal Power Act to ensure just and reasonable rates.”
Show all 22 citing cases →
— 18 C.F.R. § 35.2(b) — 1 case
Appeal of Sinclair Mach. Prods., Inc., 498 A.2d 696 (N.H. 1985). “” 18 C.F.R. 35.2(b) (1983); see Northern States Power Co.”
— 18 C.F.R. § 35.2(c) — 1 case
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).
— 18 C.F.R. § 35.2(c)(1) — 1 case
Washington-St. Tammany Elec. Coop., Inc. v. Louisiana Generating, LLC (M.D. La. 2020).
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