[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: 18CFR35.27]

[Page 287]
 
           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. 35.27  Power sales at market-based rates.

    (a) Notwithstanding any other requirements, any public utility 
seeking authorization to engage in sales for resale of electric energy 
at market-based rates shall not be required to demonstrate any lack of 
market power in generation with respect to sales from capacity for which 
construction has commenced on or after July 9, 1996.
    (b) Nothing in this part--
    (1) Shall be construed as preempting or affecting any jurisdiction a 
state commission or other state authority may have under applicable 
state and federal law, or
    (2) Limits the authority of a state commission in accordance with 
state and federal law to establish
    (i) Competitive procedures for the acquisition of electric energy, 
including demand-side management, purchased at wholesale, or
    (ii) Non-discriminatory fees for the distribution of such electric 
energy to retail consumers for purposes established in accordance with 
state law.

[Order 888, 61 FR 21693, May 10, 1996]