18 C.F.R. § 35.3

Notice requirements

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a)(1) Rate schedules or tariffs. All rate schedules or tariffs or any part thereof shall be tendered for filing with the Commission and posted not less than sixty days nor more than one hundred-twenty days prior to the date on which the electric service is to commence and become effective under an initial rate schedule or tariff or the date on which the filing party proposes to make any change in electric service and/or rate, charge, classification, practice, rule, regulation, or contract effective as a change in rate schedule or tariff, except as provided in paragraph (b) of this section, or unless a different period of time is permitted by the Commission. Nothing herein shall be construed as in any way precluding a public utility from entering into agreements which, under this section, may not be filed at the time of execution thereof by reason of the aforementioned sixty to one hundred-twenty day prior filing requirements. The proposed effective date of any rate schedule or tariff filing having a filing date in accordance with § 35.2(d) may be deferred by the public utility making a filing requesting deferral prior to the rate schedule or tariff's acceptance by the Commission.

(2) Service agreements. Service agreements that are required to be filed and posted authorizing a customer to take electric service under the terms of a tariff, or any part thereof, shall be tendered for filing with the Commission and posted not more than 30 days after electric service has commenced or such other date as may be specified by the Commission.

(b) Construction of facilities. Rate schedules, tariffs or service agreements predicated on the construction of facilities may be tendered for filing and posted no more than one hundred-twenty days prior to the date set by the parties for the contract to go into effect. The Commission, upon request, may permit a rate schedule or service agreement or part thereof to be tendered for filing and posted more than one hundred-twenty days before it is to become effective.

(16 U.S.C. 284(d); Pub. L. 95-617; Pub. L. 95-91; E.O. 12009, 42 FR 46267) [44 FR 16372, Mar. 19, 1979; 44 FR 20077, Apr. 4, 1979, as amended by Order 714, 73 FR 57531, Oct. 3, 2008]

Notes of Decisions

Cited in 8 cases, 1953–2007 · leading case: United States v. Pub. Utils. Comm'n, 345 U.S. 295 (1953).

Sort: Relevance Newest Treatment

United States v. Pub. Utils. Comm'n, 345 U.S. 295 (1953). · cites it 4× “18 CFR §§ 35.3 , 35.5, 35.20. [2] § 205 (a): "All rates and charges made, demanded, or received by any public utility for or in connection with the transmission or sale of electric energy subject to the jurisdiction of the Commission, and all rules and regulations affecting or…”

Papago Tribal Util. Auth. v. Fed. Energy Regulatory Comm'n, Arizona Pub. Serv. Co. & Arizona Power Auth., Intervenors, 628 F.2d 235 (D.C. Cir. 1980). “The new rates were scheduled to take effect more than 90 days after the filing, in contravention of 18 C.F.R. § 35.3 (b). The petitioners argued, in effect, that the Commission had no authority under the regulation to accept rate filings more than 90 days in advance of their…”

Mun. Elec. Util. Ass'n v. Fed. Power Comm'n, 485 F.2d 967 (D.C. Cir. 1973). · cites it 2× “3(a) of the Commission’s Regulations, 18 C.F.R. § 35.3 (a), provides in pertinent part: All rate schedules or any part thereof shall be tendered for filing with the Commission and posted not less than thirty days nor more than ninety days prior to the date on which the filing…”

City of Mishawaka, Ind. v. Am. Elec. Power Co., Inc., 465 F. Supp. 1320 (N.D. Ind. 1979). “Nothing in this decree would prohibit I & M from filing a new wholesale rate higher than its retail rates, if the company puts the wholesale rate into effect prospectively by requesting that the effective date be deferred [18 CFR Section 35.3(a)] until the Commission has…”

Borough of Lansdale, Pennsylvania v. Fed. Power Comm'n, Philadelphia Elec. Co., Intervenor, 494 F.2d 1104 (D.C. Cir. 1974). “The 90-day regulation, at 18 C.F.R. § 35.3 (b) (1973), provides an escape hatch: The Commission, upon request and for good cause shown, may permit a rate schedule or part thereof to be tendered for filing and posted more than 90 days before it is to become effective.”

Xcel Energy Servs. Inc. v. Fed. Energy Regulatory Comm'n, 510 F.3d 314 (D.C. Cir. 2007). · cites it 2× “§ 824d, and FERC regulations, 18 C.F.R. § 35.3 , require that utilities provide 60 days prior notice to the Federal Regulatory Energy Commission before a rate takes effect.”

Otter Tail Power Co. v. Fed. Power Comm'n, the Cities of Alexandria, Minnesota, Intervenors, 536 F.2d 240 (8th Cir. 1976). “See 18 C.F.R. §§ 35.3 , 35.5, 35.15. It is clear that rate filings inconsistent with contractual obligations are invalid.”

San Diego Gas & Elec. Co. v. Fed. Energy Regulatory Comm'n, 904 F.2d 727 (D.C. Cir. 1990). “See also 18 CFR § 35.3 (a). According to the parties’ agreement, New Mexico’s service to San Diego was to begin on May 1, 1988.”

— 18 C.F.R. § 35.3(a) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.