[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: 18CFR35.30]

[Page 290]
 
           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 D_Procedures and Requirements for Public Utility Sales of Power 
      to Bonneville Power Administration Under Northwest Power Act
 
Sec. 35.30  General provisions.

    Authority: Federal Power Act, 16 U.S.C. 792-828c (1976 and Supp. IV 
1980) and Pacific Northwest Electric Power Planning and Conservation 
Act, 16 U.S.C. 830-839h (Supp. IV (1980)).


    (a) Applicability. This subpart applies to any sales of electric 
power subject to the Commission's jurisdiction under Part II of the 
Federal Power Act from public utilities to the Administrator of the 
Bonneville Power Administration (BPA) at the average system cost (ASC) 
of that utility's resources (electric power generation by the utility) 
pursuant to section 5(c) of the Pacific Northwest Electric Power 
Planning and Conservation Act, 16 U.S.C. 830-839h. The ASC is determined 
by BPA in accordance with 18 CFR part 301.
    (b) Effectiveness of rates. (1) During the period between the date 
of BPA's determination of ASC and the date of the final order issued by 
the Commission, the utility may charge the rate based on the ASC 
determined by BPA, subject to Sec. 35.31(c) of this part.
    (2) Except as otherwise provided under this section, the ASC ordered 
by the Commission will be deemed in effect from the beginning of the 
relevant exchange period, as defined in Sec. 301.1(b)(95) of this 
chapter. For any initial exchange period after the Commission approves a 
new ASC methodology, the ASC will be effective retroactively under this 
paragraph only if the utility files its new ASC within the time allowed 
under BPA procedures. Any utility that files a revised ASC with BPA in 
accordance with this paragraph must promptly file with the Commission a 
notice of timely filing of the new ASC.
    (c) Filing requirements. Within 15 business days of the date of 
issuance of the BPA report on a utility's ASC, the utility must file 
with the Commission the ASC determined by BPA, the BPA written report, 
the utility's ASC schedules, material necessary to comply with 18 CFR 
35.13(c), and any other material requested by the Commission or its 
staff.

[Order 337, 48 FR 46976, Oct. 17, 1983, as amended by Order 400, 49 FR 
39300, Oct. 5, 1984]