[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR2.1]

[Page 14-16]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 2_GENERAL POLICY AND INTERPRETATIONS--Table of Contents
 
Sec. 2.1  Initial notice; service; and information copies of formal documents.




   Statements of General Policy and Interpretations of the Commission

Sec.
2.1 Initial notice; service; and information copies of formal documents.
2.1a Public suggestions, comments, proposals on substantial prospective 
          regulatory issues and problems.
2.1b Availability in contested cases of information acquired by staff 
          investigation.
2.1c Policy statement on consultation with Indian tribes in Commission 
          proceedings.

Statements of General Policy and Interpretations Under the Federal Power 
                                   Act

2.2 Transmission lines.
2.4 Suspension of rate schedules.
2.7 Recreational development at licensed projects.
2.8 [Reserved]
2.9 Conditions in preliminary permits and licenses--list of and 
          citations to ``P--'' and ``L--'' forms.
2.12 Calculation of taxes for property of public utilities and licensees 
          constructed or acquired after January 1, 1970.
2.13 Design and construction.
2.15 Specified reasonable rate of return.
2.17 Price discrimination and anticompetitive effect (price squeeze 
          issue).
2.18 Phased electric rate increase filings.
2.19 State and Federal comprehensive plans.
2.20 Good faith requests for transmission services and good faith 
          responses by transmitting utilities.
2.21 Regional Transmission Groups.
2.22 Pricing policy for transmission services provided under the Federal 
          Power Act.
2.23 Use of reserved authority in hydropower licenses to ameliorate 
          cumulative impacts.
2.24 Project decommissioning at relicensing.
2.25 Ratemaking treatment of the cost of emissions allowances in 
          coordination transactions.
2.26 Policies concerning review of applications under section 203.

 Statements of General Policy and Interpretations Under the Natural Gas 
                                   Act

2.51 [Reserved]
2.52 Suspension of rate schedules.
2.55 Definition of terms used in section 7(c).
2.57 Temporary certificates--pipeline companies.
2.60 Facilities and activities during an emergency--accounting treatment 
          of defense-related expenditures.
2.67 Calculation of taxes for property of pipeline companies constructed 
          or acquired after January 1, 1970.
2.69 [Reserved]
2.76 Regulatory treatment of payments made in lieu of take-or-pay 
          obligations.
2.78 Utilization and conservation of natural resources--natural gas.

Statement of General Policy To Implement Procedures for Compliance With 
              the National Environmental Policy Act of 1969

2.80 Detailed environmental statement.

Statement of General Policy To Implement the Economic Stabilization Act 
        of 1970, as Amended, and Executive Orders 11615 and 11627

2.100-2.102 [Reserved]
2.103 Statement of policy respecting take or pay provisions in gas 
          purchase contracts.
2.104 Mechanisms for passthrough of pipeline take-or-pay buyout and 
          buydown costs.
2.105 Gas supply charges.

                     Rules of General Applicability

2.201 [Reserved]

 Statements of General Policy and Interpretations under the Natural Gas 
                           Policy Act of 1978

2.300 Statement of policy concerning allegations of fraud, abuse, or 
          similar grounds under section 601(c) of the NGPA.

Statement of Interpretation Under the Public Utility Regulatory Policies 
                               Act of 1978

2.400 Statement of interpretation of waste concerning natural gas as the 
          primary energy source for qualifying small power production 
          facilities.

[[Page 15]]

 Statement of Penalty Reduction/Waiver Policy to Comply With the Small 
          Business Regulatory Enforcement Fairness Act of 1996

2.500 Penalty reduction/waiver policy for small entities.

Appendix A to Part 2--Guidance for Determining the Acceptable 
          Construction Area for Replacements
Appendix B to Part 2 [Reserved]
Appendix C to Part 2--Nationwide Proceeding Computation of Federal 
          Income Tax Allowance Independent Producers, Pipeline 
          Affiliates and Pipeline Producers Continental U.S.

    Authority: 5 U.S.C. 601; 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 
792-825y, 2601-2645; 42 U.S.C. 4321-4361, 7101-7352.

   Statements of General Policy and Interpretations of the Commission


    (a) Whenever appropriate, publication of an initial notice or order 
in the Federal Register shall be the primary means of informing 
interested persons and the general public that the proceeding to which 
the notice or order relates has been instituted before the Commission. 
The mailing of individual copies shall be confined to that which is 
required by law, by the Commission's rules and regulations, or by other 
considerations deemed valid by the Secretary in specific instances.
    (1) It is the policy of the Commission to publish notice in the 
Federal Register upon the institution of the following proceedings 
before the Commission:
    (i) Natural gas pipeline companies and public utility rate schedules 
and tariffs. (A) Initial rate schedule filings and changes in rates 
schedules proposed by public utilities and changes in rate schedules or 
tariffs proposed by natural gas pipeline companies, including purchased 
gas adjustment clauses.
    (B) Changes in rates proposed by natural gas pipeline companies for 
field sales.
    (C)-(D) [Reserved]
    (E) Tracking rate schedule or tariff filings made pursuant to 
settlement agreements.
    (F) Rate schedule or tariff filings made by natural gas pipeline 
companies or public utilities in compliance with Commission orders.
    (G) Reports of refunds by natural gas pipeline companies and public 
utilities.
    (H) [Reserved]
    (I) Complaints against natural gas pipeline companies and public 
utilities, unless otherwise directed.
    (ii) Interconnections, service and exportation pursuant to the 
Federal Power Act. (A) Applications for interconnection and service 
under section 202(b).
    (B)-(C) [Reserved]
    (D) Applications pursuant to section 207.
    (E) [Reserved]
    (iii) Hydroelectric, Federal Power Act. (A) Applications for 
preliminary permits pursuant to section 4(f).
    (B) Applications for licenses for constructed or unconstructed 
projects, or notice of declaration of intention, sections 4(e), 
23(a)(b).
    (C) Applications for amendment of license, unless otherwise 
directed.
    (D) Application for relicenses or nonpower licenses, or a 
recommendation for takeover, sections 14 and 15.
    (E) Applications for transfer of license, section 8.
    (F) Applications for surrender of license, section 6.
    (G) Proceeding for revocation or termination of license, sections 6, 
13, 26.
    (H) Issuance of annual licenses, section 15.
    (I) Lands withdrawn pursuant to an application for preliminary 
permit or license, and the vacation of such land withdrawals, section 
24.
    (J) Complaints against licensees, unless otherwise directed.
    (iv) Corporate electric. (A) Applications pursuant to sections 203, 
204, of the Federal Power Act, and applications or complaints pursuant 
to section 305 of the Federal Power Act.
    (v) Accounting, gas and electric. (A) Applications pursuant to 
sections 4, 23, 301, and 302 of the Federal Power Act.
    (B) Applications pursuant to sections 8 and 9 of the Natural Gas 
Act.
    (vi) Federal rates. (A) Application for confirmation and approval of 
rate schedules for Federal hydroelectric projects.
    (vii) Natural gas pipeline certificates, exportations, and 
importations, Natural

[[Page 16]]

Gas Act. (A) Applications for exemption under section 1(c).
    (B) Applications for authorization to import and export gas under 
section 3.
    (C) Applications for orders directing physical connection of 
facilities and sale of natural gas under section 7(a).
    (D) Applications for permission and approval to abandon under 
section 7(b).
    (E) Applications for permanent certificates under section 7(c).
    (F) [Reserved]
    (G) Complaints against natural gas pipeline companies, filed by 
individuals and companies, unless otherwise directed.
    (viii)-(ix) [Reserved]
    (x) Environmental statements. (A) Notice to be published pursuant to 
Order series 415.
    (xi) Miscellaneous, gas and electric. (A) Order instituting an 
investigation in which hearings are fixed or in which an opportunity is 
given for filing comments or petitions to intervene.
    (B) Show cause order, in which hearings are fixed or in which an 
opportunity is given for filing comments or petitions to intervene.
    (C) Order or notice consolidating proceedings for hearing purposes 
or severing a proceeding formerly consolidated for hearing purposes.
    (D) Applications for declaratory order, disclaimers of jurisdiction, 
or waiver of Commission regulations, unless otherwise directed.
    (E) Requests for redesignation pursuant to Sec. 3.5(a)(26) of this 
subchapter, unless otherwise directed.
    (F) Requests for extension of time pursuant to Sec. 3.75.302(j) of 
this chapter, unless otherwise directed.
    (G) Consolidations and severance pursuant to Sec. 375.302(f) of 
this chapter, unless otherwise directed.
    (H) Notice of correction of a document in any of the above 
categories.
    (I) Notice of meetings of advisory committees established by the 
Commission.
    (J) Notices of conferences in docketed rulemaking proceedings.
    (K) Proposed penalties under section 31 of the Federal Power Act.
    (L) Such other notices or orders as may be submitted by the 
Secretary for publication.
    (2) Otherwise directed, as referred to above, shall be interpreted 
to mean notice given by the discretion of the Secretary.
    (b) After notice has been given, the service of formal documents 
issued in a proceeding shall be confined to the parties of record or 
their attorneys, and the mailing of information copies shall be confined 
to that which is required by the Commission's rules and regulations, by 
courtesy in response to written requests for copies, or by other 
considerations deemed valid by the Secretary in specific instances.

(Secs. 308, 309; 49 Stat. 858; 16 U.S.C. 825g, 825h; secs. 15, 16; 52 
Stat. 829, 830; 15 U.S.C. 717n, 717o)

[Order 211, 24 FR 1345, Feb. 21, 1959, as amended by Order 463, 37 FR 
28054, Dec. 20, 1972; 38 FR 3192, Feb. 2, 1973; 44 FR 34941, June 18, 
1979; 45 FR 21224, Apr. 1, 1980; Order 541, 57 FR 21733, May 22, 1992; 
Order 603, 64 FR 26603, May 14, 1999; Order 2002, 68 FR 51115, Aug. 25, 
2003]