[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: 18CFR35.12]

[Page 249-250]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 35_FILING OF RATE SCHEDULES AND TARIFFS--Table of Contents
 
            Subpart B_Documents To Be Submitted With a Filing
 
Sec. 35.12  Filing of initial rate schedules.


    (a) The letter of a public utility transmitting to the Commission 
for filing an initial rate schedule shall list the documents submitted 
with the filing; give the date on which the service under that schedule 
is expected to commence; state the names and addresses of those to whom 
the rate schedule has been mailed; contain a brief description of the 
kinds of services to be furnished at the rates specified therein; and 
summarize the circumstances which show that all requisite agreement to 
the rate schedule or the filing thereof, including any contract embodied 
therein, has in fact been obtained. In the case of coordination and 
interchange arrangements in the nature of power pooling transactions, 
all supporting data required to be submitted in support of a rate 
schedule filing shall also be submitted by parties filing certificates 
of concurrence, or a representative to file supporting data on behalf of 
all parties may be designated as provided in Sec. 35.1.
    (b) In addition, the following material shall be submitted:
    (1) Estimates of the transactions and revenues under an initial rate 
schedule. This shall include estimates, by months and for the year, of 
the quantities of services to be rendered and of the revenues to be 
derived therefrom during the 12 months immediately following the month 
in which those services will commence. Such estimates should be 
subdivided by classes of service, customers, and delivery points and 
shall show all billing determinants, e.g., kw, kwh, fuel adjustment, 
power factor adjustment. These estimates will not be required where they 
cannot be made with relative accuracy as, for example, in cases of 
interconnection arrangements containing schedules of rates for emergency 
energy, spinning reserve or economy energy or in cases of coordination 
and integration of hydroelectric generating resources whose output 
cannot be predicted quantitatively due to water conditions.
    (2)(i) Basis of the rate or charge proposed in an initial rate 
schedule and an explanation of how the proposed rate or charge was 
derived. For example, is it a standard rate of the filing public 
utility; is it a special rate arrived at through negotiations and, if 
so, were unusual customer requirements or competitive factors involved; 
and is it designed to produce a return substantially equal to the filing 
public utility's overall rate of return or is it essentially an 
increment cost plus a share of the savings rate? Were special cost of 
service studies prepared in connection with the derivation of the rate?
    (ii) A summary statement of all cost (whether fully distributed, 
incremental or other) computations involved in arriving at the 
derivation of the level of the rate, in sufficient detail to justify the 
rate, shall be submitted with the filing, except that if the filing 
includes nothing more than service to one or more added customers under 
an established rate of the utility for a particular class of service, 
such summary statement of cost computations is not required. In all 
cases, the Secretary is authorized to require the submission of the 
complete cost studies as part of the filing and each filing public 
utility shall submit the same upon request by the Secretary in such form 
as he shall direct.
    (3) A comparison of the proposed initial rate with other rates of 
the filing public utility for similar wholesale for resale and 
transmission services.
    (4) If any facilities are installed or modified in order to supply 
the service to be furnished under the proposed rate schedule, the filing 
public utility shall show on an appropriate available map (or sketch) 
and single line diagram the additions or changes to be made.
    (5) In support of the design of the proposed rate, the filing public 
utility shall submit the same material required to be furnished pursuant 
to Sec. 35.13(h)(37) Statement BL. In addition to the summary cost 
analysis required by Statement BL, the public utility shall also submit 
a complete explanation as to the method used in arriving at the cost of 
service allocated to the sales and service for which the rate

[[Page 250]]

or charge is proposed, and showing the principal determinants used for 
allocation purposes. In connection therewith, the following data should 
be submitted:
    (i) In the event the filing public utility considers certain special 
facilities as being devoted entirely to the service involved, it shall 
show the cost of service related to such special facilities.
    (ii) Computations showing the energy responsibility of the service, 
based upon considerations of energy sales under the proposed rate 
schedule and the kWh delivered from the filing public utility's supply 
system.
    (iii) Computations showing the demand responsibility of the service, 
and explaining the considerations upon which such responsibility was 
determined (e.g., coincident or non-coincident peak demands, etc.).

(Federal Power Act, 16 U.S.C. 792-828c; Department of Energy 
Organization Act, 42 U.S.C. 7101-7352; E.O. 12009, 42 FR 46267; Pub. L. 
96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[Order 271, 28 FR 10573, Oct. 2, 1963, as amended at 28 FR 11404, Oct. 
24, 1963; Order 537, 40 FR 48674, Oct. 17, 1975; Order 91, 45 FR 46363, 
July 10, 1980]