[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: 18CFR294.101]

[Page 781-782]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 294_PROCEDURES FOR SHORTAGES OF ELECTRIC ENERGY AND CAPACITY UNDER 
SECTION 206 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978--Table of Contents
 
Sec. 294.101  Shortages of electric energy and capacity.




    Authority: 5 U.S.C. 553; 16 U.S.C. 791a-825r; 42 U.S.C. 7107-7352.


    (a) Definition of shortages of electric energy and capacity. For 
purposes of this section, the term anticipated shortages of electric or 
energy means:
    (1) Any situation anticipated to occur in which the generating and 
bulk purchased power capability of a public utility will not be 
sufficient to meet its anticipated demand plus appropriate reserve 
margins and this shortage would affect the utility's capability 
adequately to supply electric services to its firm power wholesale 
customers; or
    (2) Any situation anticipated to occur in which the energy supply 
capability of a public utility is not sufficient to meet its customers' 
energy requirements and this shortage would affect the utility's 
capability adequately to supply electric services to its firm power 
wholesale customers.
    (b) Accommodation of shortages. (1) Each public utility now serving 
firm power wholesale customers, shall submit a brief statement 
indicating how it would accommodate any shortages of electric energy or 
capacity affecting its firm power wholesale customers.
    (2) This statement shall:
    (i) Describe how the utility would assure that direct and indirect 
customers are treated without undue prejudice or disadvantage; and
    (ii) It shall also identify any agreement, law, or regulation which 
might impair the utility's ability to accommodate such a shortage.
    (3) Each utility shall file a copy of its statement with any 
appropriate State regulatory agency and all firm power wholesale 
customers.
    (4) If a plan for accommodating any shortages of electric energy or 
capacity affecting its firm power wholesale customers as described in 
the brief statement submitted pursuant to paragraph (b)(1) of this 
section is modified, the utility must submit to the Commission and the 
persons described in paragraph (b)(3) of this section within 15 days of 
any such modification, a supplemental statement informing the Commission 
of those modifications.
    (5) Notwithstanding any other provision of this section, a public 
utility need not file the statement with the Commission if the public 
utility provides in its rate schedules to firm power wholesale customers 
that:
    (i) During electric energy and capacity shortages it will treat 
without undue discrimination or preference, prejudice, or disadvantage 
firm power wholesale customers; and

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    (ii) It will report any modifications to its contingency plans for 
accommodating shortages within 15 days to:
    (A) The appropriate State regulatory agency and
    (B) To the affected wholesale customers.
    (c) Reporting requirements. Each public utility shall immediately 
report to the Commission, to any State regulatory authority and to firm 
power wholesale customers, any anticipated shortage of electric energy 
or capacity. The report shall include the following information:
    (1) The nature and projected duration of the anticipated capacity or 
energy supply shortage;
    (2) A list showing all firm power wholesale customers affected or 
likely to be affected by the anticipated shortage;
    (3) Procedures for accommodating the shortage, if different from 
those described in paragraph (b) of this section;
    (4) An estimate of the effects (reduced power and energy usage) of 
use of these procedures upon the utility's wholesale and retail 
customers; and
    (5) The name, title, address and telephone number of an officer or 
employee of the utility who may be contacted for further information 
regarding the shortage and planned actions of the utility.
    (d) Reports to other government entities. Any report filed with 
another governmental entity that contains the information that must be 
reported under this part may be filed to comply with this part.
    (e) Number of copies. Any public utility that files under this part 
must provide an original of any filing and at least two exact copies to 
this Commission and one copy to any state regulatory authority and firm 
power wholesale customers, unless otherwise required by the Commission.
    (f) Report of anticipated shortage. Notwithstanding any other 
provision of this part, if a public utility provides in its rate 
schedule that it will make such reports to the appropriate state 
regulatory agency and to its firm power wholesale requirements 
customers, then it need only report to the Commission the nature and 
projected duration of the anticipated capacity or energy supply shortage 
and supply a list of the firm power wholesale customers affected or 
likely to be affected by the shortage. Upon receiving the public 
utility's report of anticipated shortage of electric energy or capacity, 
the Commission will decide what further reports, if any, to require.

[44 FR 37502, June 27, 1979, as amended at 47 FR 20297, May 12, 1982; 
Order 401, 49 FR 39538, Oct. 9, 1984; Order 401-A, 54 FR 41087, Oct. 5, 
1989; Order 575, 60 FR 4859, Jan. 25, 1995]

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