[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: 18CFR35.22]

[Page 279-280]
 
           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. 35.22  Limits for percentage adders in rates for transmission 
services; revision of rate schedules.

    (a) Applicability. This section applies to all electric rate 
schedules required to be filed under this part that are used for 
transactions in which the utility or system performs a transmission or 
purchase and resale function.
    (b) Definition. For purposes of this section, purchased power price 
means the amount paid by a utility or system that performs a 
transmission or purchase and resale function for electric power 
generated by another utility or system.
    (c) General rule. (1) If a utility or system uses a rate component 
that recovers revenues computed wholly or in part as a percentage of the 
purchased power price, the utility or system shall establish a limit on 
the revenues recovered by such rate component in any transaction, in 
accordance with paragraph (d) of this section.
    (2) The limit established under this paragraph shall be stated in 
mills per kilowatt-hour.
    (d) Cost support information. (1) A utility or system shall submit 
cost support information to justify any revenue limit established under 
paragraph (c) of this section, except as provided in paragraph (e) of 
this section.
    (2) The information submitted under this section shall consist of 
those costs, other than the purchased power price, incurred by a utility 
or system as a result of a transmission or purchase and resale 
transaction, which costs are not recovered under any other rate 
component.
    (e) Exception. A utility or system need not submit the cost support 
information required under paragraph (d) of this section if the limit 
established

[[Page 280]]

under paragraph (c) of this section is not more than one mill per 
kilowatt-hour.
    (f) Revision of rate schedules. Every utility or system shall:
    (1) Amend any rate schedule or tariff to indicate any limit 
established pursuant to this section, not later than 60 days after the 
effective date of this rule; and
    (2) Hereafter conform any rate or rate change filed under this part 
to the requirements of this section.

(Federal Power Act, as amended, 16 U.S.C. 792-828c; Department of Energy 
Organization Act, 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR 142 (1978))

[Order 84, 45 FR 31300, May 13, 1980. Redesignated by Order 545, 57 FR 
53990, Nov. 16, 1992]