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. § 35.4

Permission to become effective is not approval

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The fact that the Commission permits a rate schedule or tariff, tariff or service agreement or any part thereof or any notice of cancellation to become effective shall not constitute approval by the Commission of such rate schedule or tariff, tariff or service agreement or part thereof or notice of cancellation.

[Order 271, 28 FR 10573, Oct. 2, 1963, as amended by Order 714, 73 FR 57531, 57533, Oct. 3, 2008]
Notes of Decisions
Cited in 5 cases, 1978–2008 · leading case: Morgan Stanley Capital Grp. Inc. v. Pub. Util. Dist. No. 1 of Snohomish Cty., 554 U.S. 527 (2008).
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Morgan Stanley Capital Grp. Inc. v. Pub. Util. Dist. No. 1 of Snohomish Cty., 554 U.S. 527 (2008). · cites it 2× “” See 18 CFR §35.4 (2007). After a rate goes into effect, whether or not the Commission deemed it just and reasonable when filed, the Commission may conclude, in response to a complaint or on its own motion, that the rate is not just and reasonable and replace it with a lawful…”
Boston Edison Co. v. Fed. Energy Regulatory Comm'n, City of Holyoke Gas & Elec. Dep't, Intervenors, 856 F.2d 361 (1st Cir. 1988). “18 C.F.R. § 35.4 . 6 As to an initial rate, FERC may hold a hearing, either upon complaint or sua sponte, to determine the rate’s lawfulness.”
Papago Tribal Util. Auth. v. Fed. Energy Regulatory Comm'n, 610 F.2d 914 (D.C. Cir. 1979). “See also 18 C.F.R. § 35.4 (1978) (“[t]he fact that the Commission permits a rate schedule or any part thereof .”
Otter Tail Power Co. v. Fed. Energy Regulatory Comm'n, 583 F.2d 399 (8th Cir. 1978). “Indeed, 18 C.F.R. § 35.4 specifically states that “[t]he fact that the Commission permits a rate schedule or any part thereof or any notice of cancellation to become effective shall not constitute approval by the Commission of such rate schedule or part thereof or notice of…”
Alabama Power Co. v. Fed. Energy Regulatory Comm'n, 993 F.2d 1557 (D.C. Cir. 1993). “at 61,338; see 18 C.F.R. § 35.4 (1991); Southern Company Services, Inc.”
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