[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: 18CFR35.3]

[Page 245-246]
 
           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 A_Application
 
Sec. 35.3  Notice requirements.

    (a) Rate schedules. All rate schedules or any part thereof shall be 
tendered for filing with the Commission and

[[Page 246]]

posted not less than sixty days nor more than one hundred-twenty days 
prior to the date on which the electric service is to commence and 
become effective under an initial rate schedule or the date on which the 
filing party proposes to make any change in electric service and/or 
rate, charge, classification, practice, rule, regulation, or contract 
effective as a change in rate schedule, except as provided in paragraph 
(b) of this section, or unless a different period of time is permitted 
by the Commission. Nothing herein shall be construed as in any way 
precluding a public utility from entering into agreements which, under 
this section, may not be filed at the time of execution thereof by 
reason of the aforementioned sixty to one hundred-twenty day prior 
filing requirements. The proposed effective date of any rate schedule 
filing having a filing date in accordance with Sec. 35.2(c) may be 
deferred at the written request of the filing public utility submitted 
to the Secretary prior to its acceptance by the Commission.
    (b) Construction of facilities. Rate schedules predicated on the 
construction of facilities may be tendered for filing and posted no more 
than one hundred-twenty days prior to the date set by the parties for 
the contract to go into effect. The Commission, upon request, may permit 
a rate schedule or part thereof to be tendered for filing and posted 
more than one hundred-twenty days before it is to become effective.

(16 U.S.C. 284(d); Pub. L. 95-617; Pub. L. 95-91; E.O. 12009, 42 FR 
46267)

[44 FR 16372, Mar. 19, 1979; 44 FR 20077, Apr. 4, 1979]