[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: 18CFR35.23]

[Page 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. 35.23  General provisions.

    (a) Applicability. This subpart applies to any wholesale sale of 
electric energy in a coordination transaction by a public utility if 
that sale requires the use of an emissions allowance.
    (b) Implementation Procedures. (1) If a public utility has a 
coordination rate schedule on file that expressly provides for the 
recovery of all incremental or out-of-pocket costs, such utility may 
make an abbreviated rate filing detailing how it will recover emissions 
allowance costs. Such filing must include the following: the index or 
combination of indices to be used; the method by which the emission 
allowance amounts will be calculated; timing procedures; how 
inconsistencies, if any, with dispatch criteria will be reconciled; and 
how any other rate impacts will be addressed. In addition, a utility 
making an abbreviated filing must:
    (i) Clearly identify the filing as being limited to an amendment to 
a coordination rate to reflect the cost of emissions allowances, in the 
first paragraph of the letter of transmittal accompanying the filing;
    (ii) Submit revised pages that can be inserted into each rate 
schedule; and
    (iii) Identify each rate schedule to which the amendment applies.
    (2) The abbreviated filing must apply consistent treatment to all 
coordination rate schedules. If the filing does not apply consistent 
rate treatment, the public utility must explain why it does not do so.
    (3) If a public utility wants to charge incremental costs for 
emissions allowances, but its rate schedule on file with the Commission 
does not provide for the recovery of all incremental costs, the selling 
public utility may submit an abbreviated filing if all customers agree 
to the rate change. If customers do not agree, the selling public 
utility must tender its emissions allowance proposal in a separate 
section 205 rate filing, fully justifying its proposal.

[59 FR 65938, Dec. 22, 1994]