[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: 18CFR35.21]

[Page 279]
 
           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 C_Other Filing Requirements
 
Sec. 35.21  Applicability to licensees and others subject to section 19 
or 20 of the Federal Power Act.

    Upon further order of this Commission issued upon its own motion or 
upon complaint or request by any person or State within the meaning of 
sections 19 or 20 of the Federal Power Act, the provisions of Sec. Sec. 
35.1 through 35.19 shall be operative as to any licensee or others who 
are subject to this Commission's jurisdiction in respect to services and 
the rates and charges of payment therefor by reason of the requirements 
of sections 19 or 20 of the Federal Power Act. The requirement of this 
section for compliance with the provisions of Sec. Sec. 35.1 through 
35.19 shall be in addition to and independent of any obligation for 
compliance with those regulations by reason of the provisions of 
sections 205 and 206 of the Federal Power Act. For purposes of applying 
this section Electric Service as otherwise defined in Sec. 35.2(a) 
shall mean: Services to customers or consumers of power within the 
meaning of sections 19 or 20 of the Federal Power Act which may be 
comprised of various classes of capacity and energy and/or transmission 
services subject to the jurisdiction of this Commission. Electric 
Service shall include the utilization of facilities owned or operated by 
any licensee or others to effect any of the foregoing sales or services 
whether by leasing or other arrangements. As defined herein Electric 
Service is without regard to the form of payment or compensation for the 
sales or services rendered, whether by purchase and sale, interchange, 
exchange, wheeling charge, facilities charge, rental or otherwise. For 
purposes of applying this section, Rate Schedule as otherwise defined in 
Sec. 35.2(b) shall mean: A statement of
    (1) Electric service as defined in this Sec. 35.21,
    (2) Rates and charges for or in connection with that service, and
    (3) All classifications, practices, rules, regulations, or contracts 
which in any manner affect or relate to the aforementioned service, 
rates and charges. This statement shall be in writing and may take the 
physical form of a contractual document, purchase or sale agreement, 
lease of facilities, tariff \5\ or other writing. Any oral agreement or 
understanding forming a part of such statement shall be reduced to 
writing and made a part thereof.
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    \5\ See footnote 1 to Sec. 35.2.
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