[Federal Register: April 29, 2008 (Volume 73, Number 83)]
[Proposed Rules]
[Page 23137-23154]
[DOCID:fr29ap08-20]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 35, 131, 154, 157, 250, 281, 284, 300, 341, 344, 346,
347, 348, 375 and 385

[Docket No. RM01-5-000]

Electronic Tariff Filings

Issued April 17, 2008.
AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Supplemental Notice of Proposed Rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission is proposing to
revise its previous Notice of Proposed Rulemaking for electronic tariff
filing. The revised proposal would require that all tariffs and tariff
revisions and rate change applications for the public utility, natural
gas pipeline, and oil pipeline industries be filed electronically
according to a set of standards developed in conjunction with the North
American Energy Standards Board. These standards will enable the
Commission to develop a tariff database for use by the Commission
staff, the industry, and the public to view and research tariffs, and
also provides companies the flexibility to design or purchase software
for making tariff filings that best fits their business needs. Upon the
effective date of a final rule in this proceeding, the Commission will
no longer accept tariff filings submitted in paper format.

DATES: Comments are due May 29, 2008.

ADDRESSES: You may submit comments, identified by docket number, by any
of the following methods:
     Agency Web Site: http://ferc.gov. Documents created
electronically using word processing software should be filed in native
applications or print-to-PDF format and not in a scanned format.
     Mail/Hand Delivery: Commenters unable to file comments
electronically must mail or hand deliver an original and 14 copies of
their comments to: Federal Energy Regulatory Commission, Secretary of
the Commission, 888 First Street, NE., Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:
H. Keith Pierce (Technical Information), Office of Markets, Tariffs,
and Rates, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
Anthony Barracchini (IT Information), Office of the Executive Director,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Andre Goodson (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Supplemental Notice of Proposed Rulemaking

Table of Contents

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                                                               Paragraph
                                                                 Nos.
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I. Background...............................................           2
II. Discussion..............................................           7
    A. Companies Required to File Tariffs Electronically....          13
    B. Filing Process.......................................          14
        1. Procedures for Making Tariff Filings.............          14
        2. XML Schema.......................................          20
    C. Tariff Filing Requirements...........................          22
        1. Sheets or Section Filing Requirements............          24
        2. Gas and Electric Open Access Transmission Tariffs          27
        3. Versioning.......................................          31
        4. Clean and Marked Tariff Changes as Attachments...          36
        5. Joint, Shared, and Section 206 Filings...........          39
            a. Joint Tariff Filings.........................          40
            b. Shared Tariffs...............................          44
            c. Section 206 Filings Related to ISOs/RTOs.....          49
    D. Other Business Practice Changes......................          52
        1. Electronic Service...............................          52
        2. Attachment Documents.............................          53
        3. Withdrawal of Pending Tariff Filings and                   54
         Amendments to Tariff Filings.......................
        4. Motions..........................................          56
        5. Rate Sheets for Tariff Filings by Intrastate and           57
         Hinshaw Pipelines..................................
    E. Transition Procedures................................          59
        1. Baseline Tariff Filings..........................          59
        2. Testing, Implementation and Further Procedures...          64
III. Information Collection Statement.......................          67
IV. Environmental Analysis..................................          72
V. Regulatory Flexibility Act Certification.................          73
VI. Comment Procedures......................................          74
VII. Document Availability..................................          78
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    1. In a Notice of Proposed Rulemaking (NOPR) issued on July 8,
2004, the Commission proposed to require public utilities and gas and
oil pipelines to file tariff and tariff related material
electronically.\1\ The Commission's initial proposal contemplated that
tariff filings would be made using electronic tariff filing software
developed by the Commission. Based on the comments on the initial
proposal, the Commission staff in collaboration with the wholesale
electric and gas quadrants of the North American Energy Standards Board
(NAESB), and representatives from the Association of Oil Pipelines
(AOPL) have developed a set of standards to be used by companies in
making tariff and tariff related filings at the Commission. The
Commission is proposing to adopt those standards as the requirement for
making tariff and tariff related filings. As a result of the adoption
of these standards, and additional considerations raised in the
comments at NAESB, the Commission is proposing several revisions to the
manner in which companies will make tariff and tariff related filings.
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    \1\ Electronic Tariff Filings, Notice of Proposed Rulemaking, 69
FR 43,929 (July 23, 2004) FERC Stats. & Regs., Proposed Regulations
] 32,575 (2004) (2004 NOPR), Notice of Additional Proposals and
Procedures, 70 FR 40941 (July 15, 2005), FERC Stats. & Regs.,
Proposed Regulations ] 35,551 (2005), 112 FERC ] 61,043 (2005
Notice).
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I. Background

    2. In the 2004 NOPR, the Commission proposed to require public
utilities, power administrations, interstate and intrastate gas
pipelines, and oil pipelines to file tariff and tariff related material
electronically. The Commission proposed to develop an electronic tariff
database to store tariff and tariff related information for retrieval
by Commission staff and the public. In order to implement a tariff
database system that would permit such functionality, Commission staff
developed a software system for tariff filings similar to that used in
filing forms with the Commission. Commission staff worked with many
industry representatives and experts to test this software and held
public meetings to demonstrate and receive comment on the software.
Based on these efforts, the Commission, in the 2005 Notice, proposed
two changes to the 2004 NOPR intended to ease utilities' burdens in
complying and to expand the efficiency of the electronic filing
process.
    3. Comments were filed on the proposed changes to the regulations
and the software.\2\ While some of the commenters supported using the
Commission-provided software as an acceptable solution, others were
concerned that this software might not work well for making tariff
filings. Some also were concerned that the Commission software would
not integrate well with their existing tariff management systems and
that formatting tariffs to fit the parameters of the software could be
difficult or time consuming.
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    \2\ Comments on the proposed changes and the software were due
August 1, 2005 and May 31, 2006, respectively.
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    4. As a result of the review of the comments, on February 1, 2007,
a public meeting was held with NAESB to discuss NAESB's assistance in
the process of developing the protocols, standards, and data formats
needed to provide tariff and related data to enable the Commission to
develop a database to track electronic tariff and rate schedules
filings. At the meeting, NAESB agreed to develop these standards and
report back to the Commission.
    5. NAESB established two committees, a business eTariff
Subcommittee and an eTariff Technical Task Force. These committees
included representatives from the wholesale natural gas industry,
wholesale electric

industry, oil pipelines, and intrastate natural gas pipelines who
worked along with Commission staff to develop the applicable standards.
Between February 1, 2007 and January 23, 2008, these committees held a
total of 16 meetings in various cities over 24 days. An average of 61
people participated in these meetings either in person or by electronic
conferencing. The Executive Committees for both the Wholesale Gas and
Wholesale Electric Quadrants of NAESB approved the standards on March
4, 2008, and the NAESB membership ratified the standards on April 4,
2008.
    6. On April 15, 2008, NAESB filed the standards with the Commission
along with a record of the NAESB proceedings. This material included
questions about the policies to be followed in using the standards to
make tariff filings. NAESB also provided a copyright waiver stating:
``While the eTariff standards are copyrighted by NAESB, a limited
waiver is granted to the FERC to modify and post any excerpts of the
eTariff standards and eTariff work products that they deem appropriate.
These excerpts will be available for companies to reproduce only for
their own internal use.''

II. Discussion

    7. We want to thank NAESB, and its Board of Directors, for taking
on this somewhat out of the ordinary project of working with the
Commission staff to develop standards for tariff filings with the
Commission. We particularly want to thank the numerous volunteers, and
the companies who sponsored them, from the gas, electric, and oil
industries who spent countless hours developing the business and
technical standards as well as evaluating how the standards could be
used to make a broad array of different filings. The meetings provided
a valuable opportunity for the exchange of ideas and concerns among the
industries and Commission staff. As a result, we are proposing to
revise our regulations and procedures to accommodate the way industry
maintains tariffs. We believe that the protocols and standards that
have been developed will provide a robust framework for the filing of
tariff and tariff related materials with the Commission and the
development of a Commission database to enable staff, industry, and the
public to access and search those data.
    8. With the advent of eFiling 7.0, the Commission has been
expanding its ability to receive electronic filings through its eFiling
and eLibrary systems. While eLibrary works very well as a document
repository that stores, and permits retrieval of, all documents filed
in individual docketed proceedings, it is not well suited to the
processing of tariff and tariff related filings. Tariff filings occur
in many different dockets over time, and in order for the Commission
and the public to obtain a complete picture of a company's tariff,
these various provisions need to be integrated into a single system
that will provide information as to the status of tariff provisions,
permit the assembly of a complete tariff, and permit tariff related
research. Prior to the advent of electronic filing, the Commission
would keep tariff books, open to the public, in which new pages would
be inserted to reflect revisions and ensure that the tariff reflects
the currently effective tariff.\3\ The provision of an electronic
database of company tariffs will make such information available more
efficiently and to a broader audience.
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    \3\ In fact, companies themselves would often arrange to view
those tariffs to try and recreate either effective tariffs or the
tariff in effect during the time period of a particular proceeding.
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    9. The database will provide easier access to tariffs and allow the
viewing of proposed tariff sections in context. One of the principal
benefits of such a database is the ability to do historical research
into tariffs. For example, proceedings such as complaints may involve
past tariff provisions that have already been revised by the utility by
the time the complaint is considered by the Commission. In order to
expeditiously process such filings, the Commission, the parties, and
the public need to be able to obtain the tariff provision that applies
to the time period under review, rather than the currently effective
tariff provision.\4\
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    \4\ See FPL Energy Marcus Hook, L.P. v. PJM Interconnection,
LLC, 118 FERC ] 61,169, at P 11, n.9 (2007) (parties litigated a
complaint case based on a superseded tariff provision).
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    10. The set of NAESB protocols and standards provides a foundation
for building such a database. The standards define an extensible markup
language (XML) schema \5\ that will permit filers to assemble a filing
package that includes the tariff changes, the accompanying tariff-
related documents, such as the transmittal letter, rate schedules, and
spreadsheets that are required to accompany various tariff filings, and
other required information such as the proposed effective date of the
filing. Upon the receipt of the filing electronically, the XML schema
will enable the Commission to parse \6\ (divide) the filed package into
its component parts, place the filed documents into its eLibrary
system, organize the tariff database and provide a metadata \7\ that
will permit the Commission and the public to search that database.
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    \5\ XML schemas facilitate the sharing of data across different
information systems, particularly via the Internet, by structuring
the data using tags to identify particular data elements. For
example, each filed tariff change will include tags for the relevant
information, such as the utility name, the tariff section being
changed, the name for that section, the effective date, and certain
sections of tariff text. The tagged information could then be
extracted and separately searched.
    \6\ Parse means to capture the hierarchy of the text in the XML
file and transform it into a form suitable for further processing.
    \7\ The term metadata is based on the Greek word ``meta''
meaning after or beyond and in epistemology means ``about.'' Thus,
metadata is data or information beyond or about other data. Digital
Libraries, by William Arms (M.I.T. Press 2000), http://
www.cs.cornell.edu/wya/DigLib/MS1999/Chapter1.html (visited April
11, 2008); The University of Queensland, http://
www.library.uq.edu.au/iad/ctmeta4.html (visited April 11, 2008); The
Linux Information Project, http://www.linfo.org/metadata.html
(visited April 11, 2008). For example, in the XML schema, one
required element is a proposed effective date and another element is
the text of the tariff provision. The proposed effective date would
be considered metadata relative to the tariff text.
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    11. The NAESB standards and protocols also will provide flexibility
to companies making tariff filings. In contrast to the Commission's
prior approach, the standards will enable each regulated company to
design or purchase software for creating tariff filings that will best
accommodate its filing patterns and the needs of its business.
    12. As a result of using the NAESB XML standards, we needed to make
revisions in the regulations we previously proposed and in the method
by which tariff related filings will be made at the Commission. In
addition, several issues were raised regarding Commission policies for
filing tariffs in the comments filed with NAESB. We address these
issues below. Some of the most significant changes and proposals are
the following:
     Tariffs \8\ may be filed either using the current sheet
based nomenclature or using section-based numbering at the choice of
the filer.\9\
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    \8\ The term tariff is used herein to refer to tariffs, rate
schedules, jurisdictional contracts, and other jurisdictional
agreements that are required to be on file with the Commission.
    \9\ Section-based filings will not have to include the sheet
based nomenclature as a header or footer on the tariff page.
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     Tariffs may be filed as entire documents in either of two
electronic formats, RTF \10\ or PDF,\11\ except with

respect to open access transmission tariffs for electric utilities and
interstate natural gas companies which would have to be filed as
individual sheets or as sections in RTF format as defined in the
proposed regulations.
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    \10\ RTF refers to Rich Text Format which is a standardized
textual format that can be produced by a number of word processors.
    \11\ PDF refers to Portable Document Format which is a format
used for representing documents that closely resembles the original
formatting of the document.
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     Tariff filings can be served electronically using the same
approach used for electronic service of other Commission filings.
     Filings of joint tariffs (tariffs covering two regulated
entities) may be made with a single tariff filing by the entity
designated to make the filing.
     Tariff filings for tariffs shared among companies (such as
RTO tariffs) can be made individually by any of the companies with
rights to file tariff changes.
     During initial baseline implementation of electronic
tariff filing, only open access transmission tariffs and agreements
need to be filed.
     After implementation of electronic tariff filing, all new
tariffs and agreements must be filed using the standards. Existing
agreements need to be filed only when they are revised.

A. Companies Required To File Tariffs Electronically

    13. The companies or entities covered by this NOPR are those that
submit tariffs, rates, or contracts with the Commission pursuant to the
Natural Gas Act (NGA), the Natural Gas Policy Act of 1978 (NGPA), the
Federal Power Act (FPA), the Interstate Commerce Act (ICA), the Flood
Control Act, the Bonneville Power Act, the Northwest Power Planning
Act, any other relevant statutes. Included among the companies or
entities proposed to be covered by requirement are: Regional
transmission organizations (RTOs) and independent system operators
(ISOs); power authorities and federal power marketing administrations
which file rates, contracts, or tariffs at the Commission; intrastate
natural gas pipelines that file rates and operating conditions pursuant
to the NGPA; interstate natural gas pipelines subject to the NGA which
serve only an industrial customer; and companies or entities that may
make voluntary tariff filings, such as reciprocity filings pursuant to
Order No. 888.

B. Filing Process

1. Procedures for Making Tariff Filings
    14. Using the new XML schema, companies will make tariff related
filings using the existing eFiling portal. As described below, the
filing process will be modified slightly from the current eFiling
process, in particular to include a company registration that will
provide increased security for the filing, as well as additional e-mail
notifications of potential problems with the filing.
    15. The person making a tariff filing must have previously
registered in eFiling (Filer). Upon successfully logging into the FERC
eFiling portal, the Filer will be presented with the introductory
screen indicating success in accessing the site, and presented with a
link to the filing creation part of the site, which will include an
option to make a Tariff filing (eTariff portal).
    16. The eTariff filing portal will prompt the Filer to enter the
company identification number assigned during the company registration
process and an associated password. After successfully passing this
step, the Filer will upload an eTariff XML filing package that conforms
to the XML schema. Once the filing is uploaded, the eFiling Web page
will indicate the filing has been submitted.
    17. After the filing has been submitted, a Confirmation of Receipt
will be e-mailed to both the e-mail address of the Filer and to the e-
mail address on file with FERC for the company identification number.
This e-mail only acknowledges the receipt of the filing through the
eFiling portal, provides a timestamp, and indicates that the filing is
placed in the queue to be processed.
    18. The XML filing package will be validated programmatically by an
eTariff verification process. Depending upon the success of the
verification process, a number of e-mails will be sent.
     If the verification is completed successfully, an e-mail
will be sent to the validation e-mail address provided in the XML
package and to the e-mail address associated with the company whose
tariff is being revised.\12\ This e-mail means only that the filing has
passed the validation, not that it has been officially accepted by the
Secretary of the Commission.
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    \12\ This may not be the same company making the filing; for
example, in the case of a shared tariff, one notification will go to
the company making the filing and the other will go to the ISO or
RTO whose tariff is being revised.
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     If the XML filing package can be parsed (and the
validation e-mail address can be obtained), but the package does not
otherwise pass verification, an e-mail will be sent to the validation
e-mail address provided in the XML filing package. This e-mail will
provide information about the problems encountered during the
verification process.
     If the XML cannot be parsed at all (is unreadable), an e-
mail will be sent to the Filer and to the e-mail address associated
with the company identification number indicating a problem has been
encountered with the filing.
    19. Once passed validation, the standard eFiling email will be sent
to indicate whether the Secretary of the Commission has accepted and
docketed the filing or rejected it. As occurs with all filings, the
docketing email does not guarantee that other filing deficiencies will
not result in rejection or other action pertaining to the filing later
in the review processes within the Commission. After this step, the
filing is passed on to eLibrary, the tariff database and other
Commission systems.
2. XML Schema
    20. Under the standards, the tariff filing must be made in
conformance with the XML schema. The schema essentially is a method by
which the filing entities can communicate information to the
Commission. The schema proscribes the metadata elements and the textual
information that must be included in the filing package. The data
elements included in XML package are required to properly organize the
tariff database and to maintain the proper relationship of tariff
provisions in relation to other provisions. For example, these elements
will identify which tariff provision is being revised so that the
revised tariff can be placed electronically in the proper location
within the tariff hierarchy. The filing package itself will include the
text of tariff changes as well as all filing attachments, such as
transmittal letters.\13\ The XML schema will be maintained on the
Commission website along with the required codes, descriptions, and
other requirements, as well as information that may be useful to those
developing filing software.\14\ Contemporaneously with the issuance of
this NOPR, we are posting on the website the XML schema along with the
descriptions of the fields used in the schema, a proposed instruction
manual, and preliminary codes to be used with the XML schema.
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    \13\ The XML must be filed as a zip (compressed) file.
    \14\ http://www.ferc.gov under the tab Documents and Filings,
eTariff.
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    21. Although we do not envision that the schema and related code
values will need to be changed frequently, the Secretary of the
Commission, under Order No. 703, will have delegated authority to make
modifications to them if necessary.\15\ Before any such changes are
made, a notice of the proposed change will be issued sufficiently in

advance to permit companies to revise their software.
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    \15\ 18 CFR 375.302(z).
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C. Tariff Filing Requirements

    22. The Commission's current regulations require companies to file
tariff sheets that include specifically defined nomenclature to
identify each sheet of the tariff.\16\ A company is required to file
only the tariff sheets containing the tariff revisions or changes.
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    \16\ See 18 CFR 35.9; 154.102(e).
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    23. As a result of the implementation of electronic tariff filing,
the exchange of information between Commission staff and the various
industries during the NAESB process, and the comments submitted to
NAESB, we are proposing to allow far more flexibility in the structure
and identification of tariffs. Companies may determine to structure
their tariffs either using the existing tariff sheet format or as
sections. Companies will also be given more flexibility to file tariffs
either by dividing the tariff into sheet or sections and filing only
the changed sheet or section, or for a wide range of tariff documents,
by filing the entire tariff document for each change. In order to
ensure that the Commission and the public have the ability to identify
specific tariff provisions (either sections or pages), the version for
each tariff filing will still need to be identified, but the versioning
information has been simplified and will be included as metadata in the
XML package, except for certain documents filed as PDFs.
1. Sheets or Section Filing Requirements
    24. In order to compile the tariff database, the standards require
companies to file tariff text as a specific data element. Companies
will be permitted to choose whether to continue to number tariff
provisions as individual tariff sheets (e.g., Original Sheet No. 1) or
sections (e.g., 1.1.1).
    25. We also do not believe there is a one size fits all approach to
the way in which companies divide their tariffs in making tariff
filings. Some individual rate schedules and agreements may be filed
only once or revised only infrequently, while other rate schedules and
tariffs may be extraordinarily large and revised frequently. Except as
discussed in the following section with respect to open access tariffs,
we therefore propose to allow companies to determine based on the
nature of the tariff and frequency of filing whether to file tariffs by
breaking the tariff into sheets or sections or by filing the tariff as
an entire document. Companies that initially file using the entire
document option will be allowed later to divide the tariff document
into sections or sheets. However, we propose that, except with advance
permission from the Office of Energy Market Regulation (or any
successor name), a company that has already broken its tariff into
sections or sheets, will not be able to recompile those sheets or
sections and use the entire document option.
    26. In order to facilitate database management, the NAESB standards
provide that tariff text must be filed either using the RTF file format
or the PDF file format.\17\ Tariffs filed under the entire document
option may be filed either in RTF or PDF. Tariffs filed as sections or
sheets must be filed in RTF, due to limitations on the ability to
process and assemble PDF files.\18\
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    \17\ The requirements adopted by the Commission in Order No. 703
will apply to PDF formatted documents filed as tariff text. Tariffs
filed in PDF format must use the print-to-pdf feature as opposed to
an unsearchable scanned format, except that tariff documents
existing only on paper may be scanned into PDF. Filing Via the
Internet, Order No. 703, 72 FR 65659 (Nov. 23, 2007), FERC Stats. &
Regs., Regulations Preambles ] 31,259, P 23 (2007). We, however,
encourage filers that scan old paper tariff documents to use an
optical character recognition program to convert the scanned file to
text prior to filing, so that copy and paste and search functions
may be used.
    \18\ RTF is a text format that will enable the Commission's
software to assemble quickly the sheets or sections into a complete
tariff document. In contrast, PDF is not a textual format, and does
not permit such processing.
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2. Gas and Electric Open Access Transmission Tariffs
    27. We are not proposing to permit the open access transmission
tariffs for interstate natural gas pipelines and electric utilities to
be filed using the entire document option for several reasons. Unlike
individual service agreements or contracts that affect only the
signatories to the agreements, the open access transmission tariffs
affect a wide variety of customers and are the most frequently revised.
Moreover, because of the breadth of these tariffs, and the need to
review and research portions of these tariffs, it would not be
efficient for staff or for the public to have these documents refiled
in their entirety every time a company proposes to revise an individual
tariff section or page.
    28. We are therefore proposing revisions to Sec. Sec.  35.9 and
154.102 to require that open access transmission tariffs, which will
include other open access documents and documents of general
applicability, such as ISO/RTO operating agreements and market rules,
must be filed as sheets or sections. Because the electric OATTs are
based on the Commission's pro forma OATT, we have specified the minimum
required divisions for such filings. For non-ISO/RTO OATTs, the OATT
must be divided at least at the section 1.0 level, with individual
sections for each schedule or attachment. Because ISO/RTO OATTs are
much more complex, we propose to require at a minimum that they be
divided at the 1.1 level. In their comments to NAESB, the RTOs ask
whether they can divide tariffs into smaller divisions, because of
their complexity. We clarify that the proposed standards in the
regulations are the minimum divisions only. We propose to permit, and
encourage, filers to use even smaller divisions that are appropriate to
their individual tariffs and filing patterns.
    29. In addition, to aid electric utilities in filing their OATTs,
we propose to post on our website a pro forma OATT divided into the
largest allowable sections, as well as information that will help
companies develop Microsoft Word macros to electronically divide
tariffs at this level.
    30. Because we have not specified a pro forma interstate natural
gas tariff, the proposed regulation will require that the interstate
natural gas pipeline tariffs filed as sections be divided so that each
section includes only related subject matter and is of reasonable
length. Negotiated rate agreements and other non-conforming service
agreements need not be divided, but can be filed as entire documents.
3. Versioning
    31. The Commission currently requires each tariff page to include a
version number that can be used to identify the particular revision of
that page (e.g., First Revised Sheet No. 1 would replace Original Sheet
No. 1). Because tariff provisions change, often frequently, over time
this convention is useful for identifying and referring to particular
tariff provisions in orders. A number of the comments filed with NAESB
maintain that the existing versioning requirement is unnecessarily
complex for certain types of filings and urge us to eliminate the
requirement to include versioning associated with every page or section
of the tariff. The comments maintain that the XML schema includes a
revised versioning requirement that would be satisfactory for
identifying particular tariff provisions.
    32. We recognize that in many proceedings, the official tariff
designation is not used by the parties and may not be of critical
importance. However, in proceedings in which past tariff language is of
importance, the ability to have a unique reference to the

precise tariff provision is still needed. As we move to electronic
tariff filing, we believe that with the adoption of the standards our
versioning requirement can be modified and made less complicated.
    33. The XML schema requires that each sheet, section, or entire
tariff be identified with a version number in an x.y.z format. The
x.y.z format will accommodate the same level of identification as our
existing nomenclature, including items such as squeezed and retroactive
sheets. Some companies may want to continue this detailed approach to
better identify the placement and relative position of tariff sheets
and sections, and the x.y.z format will accommodate such
identification. Other companies do not believe that their tariffs
require such a detailed hierarchy of changes. As long as each tariff
section, sheet, or entire document is identified uniquely, we propose
to allow companies to choose how complex to make their identification.
Companies, for example, may choose simply to numerically number each
section, sheet, or entire tariff document as they file it, using just
the x field.
    34. The comments also raise questions about whether any such
identification must continue to appear in the text of the filed
documents. Except in the case of tariffs filed in PDF, we do not
propose to require that identification be placed on the individual
tariff revisions that are filed; companies however may choose to
include such identification if they desire. Because the requisite
versioning information is in the XML schema and will be made available
to staff and the public in the tariff database, companies do not need
to include that information in their filing. However, in order to
ensure that the versioning information is available to the public on
eLibrary, the Commission will use the metadata provided in the XML
schema to generate a document on eLibrary that contains the appropriate
versioning information. Because we are creating this document by
electronically combining information from the database, the formatting
of the versions and tariff text may not appear identical to the filing
made by the company.
    35. The only exception to this rule is for tariff documents filed
using PDF. Because PDF is not a textual format and does not permit easy
electronic manipulation, we cannot generate a document for eLibrary
that contains the correct versioning information. For these documents,
therefore, the first page of the tariff document must include the
required information: Company name, tariff title (if applicable), and
the appropriate version number.
4. Clean and Marked Tariff Changes as Attachments
    36. As discussed above, the tariff text for use by the database
will be filed as a separate data element. But, as discussed above, the
Commission may not be able to generate a formatted version of that
tariff text acceptable to the filer for inclusion in eLibrary. For this
reason, the standards provide that companies will also include as an
attachment to their filing a clean copy of the relevant tariff sheets,
sections, or entire document formatted as the filer prefers.\19\ The
clean version of the tariff text may be filed using any software
currently approved by the Secretary of the Commission for eFiling.
---------------------------------------------------------------------------

    \19\ The text of the tariff to be included in the database must,
of course, match exactly the text of the clean copy of the tariff
filed as an attachment. The standards also will require the company
to include a non-formatted plain text copy of the tariff for search
purposes.
---------------------------------------------------------------------------

    37. The Commission's current interstate natural gas pipeline (Sec.
154.201) and electric utility regulations (Sec.  35.10), require
companies to provide a marked version of the tariff text in the tariff
filing indicating the changes and deletions made to the existing tariff
text. The oil pipeline regulations (Sec.  341.3) provide for the use of
special symbols to denote changes.
    38. We propose to continue the requirement for filing marked
versions of tariffs. We also are proposing to modify the symbols used
by the oil pipelines so that the symbols can be entered into a find or
search message box using keystrokes available on a keyboard. Tariff
documents can now be filed as large sections or as entire documents.
Although we are confident that filing companies will not intentionally
make extraneous, unmarked changes to tariff text, we want to ensure
that both staff and the public are not put in the position of having to
read the entire tariff text of large sections or an entire document to
ensure that unmarked changes were not made. As a precaution, therefore,
we are proposing to revise our regulations to make clear that only the
sections of the tariff document appropriately marked will be considered
part of the filing. Revisions that are not marked will not be
considered a part of the requested tariff revision and any acceptance
of a filing by the Commission will not constitute acceptance of an
unmarked tariff change.
5. Joint, Shared, and Section 206 Filings
    39. An issue raised in the comments by the electric industry is how
companies are to make joint and shared tariff filings and section 206
filings. Joint filings refer to tariffs applicable to more than one
company. Shared tariffs refer to a tariff that can be amended by one or
more parties. Shared tariffs principally refer to ISO or RTO tariffs,
sections of which can be revised by the ISO and RTO as well as by
individual transmission owners. Section 206 tariff filings again relate
principally to ISOs and RTOs, which may not have the ability to make
tariff filings under section 205 of the FPA, but have the right to make
such filings under section 206 of the FPA. The comments are concerned
that the filing process for such tariffs not be unduly complicated. We
have developed approaches to the filing of these more complicated
tariffs that we believe will ensure that all parties with rights can
make appropriate filings without undue burden.
a. Joint Tariff Filings
    40. Section 35.1(a) of the Commission's regulations establishes two
methods by which public utilities that are parties to the same rate
schedule may file the rate schedule with the Commission: (1) Each
public utility can file the rate schedule itself, or (2) ``or the rate
schedule may be filed by one such public utility and all other parties
having an obligation to file may post and file a certificate of
concurrence.'' \20\ Prior to Order No. 614, when filers made a single
filing, Commission staff would copy the rate schedule or tariff for the
number of joint filers, place the appropriate designations on the
tariffs, and put them in the tariff books. In Order No. 614, the
Commission stated in the preamble that ``on joint services, each
utility offering a service must file its own tariff sheets.'' \21\
Currently, we therefore receive a single filing usually from a
designated filer with identical tariff sheets for each joint filing
utility, except that each utility's tariff contains the appropriate
sheet designation for that utility. Given the prevalence of joint
tariff filings, the electric utilities request that they not be
required to make separate tariff filings for each utility covered by
the tariff, including all supporting materials, in place of the single
filing now permitted.
---------------------------------------------------------------------------

    \20\ 18 CFR 35.1(a).
    \21\ Designation of Electric Rate Schedule Sheets, Order No.
614, FERC Stats. & Regs. ] 31,096, at 31,503 (2000).
---------------------------------------------------------------------------

    41. In the Commission's current state of software development, we
are not in

a position to permit a single designated filer to submit tariff sheets
on behalf of multiple entities. We, however, recognize the inefficiency
and confusion for the filer, the staff, and the public in having
multiple identical filings made on behalf of different companies. We
therefore have developed what we think is a reasonable approach for
handling such filings that will minimize the burden on the filer but
provide ready access to the tariff.
    42. We propose to no longer require utilities to follow the Order
No. 614 preamble instructions to file multiple copies of a tariff.
Instead, the joint filers will be permitted to designate one filer to
submit a single tariff filing for inclusion in its database that
reflects the joint tariff, along with the requisite certificates of
concurrence. The non-designated joint filers would include in their
tariff database a tariff section consisting of a single page or section
that would provide the appropriate name of the tariff and identify
which utility is the designated filer for the joint tariff. In this
way, the staff or the public will be able to find quickly the
appropriate tariff in the database, without the need for multiple
filings by each of the filers.
    43. While this issue arose in the context of joint filings by
public utilities, the solution proposed here should be equally
applicable to other industries that have joint tariffs.
b. Shared Tariffs
    44. Shared tariffs refer principally to ISO and RTO tariffs,
portions of which may be revised by FPA section 205 filings by the ISO/
RTO or other transmission owners. Depending on the tariff section
involved, one party may have exclusive rights to modify the section or
multiple parties may have rights to modify the section. The structure
of all the ISO and RTO tariffs as well as their filings rights are
different.
    45. In order to file shared tariffs today, parties with joint
filing rights have to share information about the tariff, such as the
current section numbering and sheet designations as well as the text of
the provisions. Some ISOs and RTOs provide in their tariffs that the
ISO/RTO is responsible for administering the Transmission Tariff.\22\
---------------------------------------------------------------------------

    \22\ See Midwest ISO Transmission Tariff, Appendix K, Sec.  F.
http://mktweb.midwestiso.org/publish/Document/469a41--10a26fa6c1e---
6d790a48324a/TOA%20(As%20Accepted%20on%2012-03-07%20EC07-
89).pdf?action=download&--property=Attachment.
---------------------------------------------------------------------------

    46. Electronic filing should provide parties with shared tariffs
with greater opportunities to develop electronic filing methods that
fit their respective tariff structure and filing rights: (1) Parties in
organized markets can develop or commission filing software to be
shared among those with filing rights that imposes restrictions on
filing rights as applicable under the individual ISO or RTO tariff; (2)
ISOs and RTOs can agree to make all filings on behalf of the members in
order to maintain administrative control over the tariff; or (3) each
of the respective parties with filing rights can continue to make
individual filings as they do today by sharing certain relevant tariff
and relevant metadata among the parties with shared rights.
    47. Since the comments focus on the third option, individual
filings by each company, we will describe how such filings can be made
securely. The party initiating the filing (Company A) would need to
have an eRegistered party (Filer) log-on to make the filing. The Filer
would have to know Company A's company identification number and
password. In order to make such a filing, the ISO and RTO would have to
share with Company A its company identification number \23\ and tariff
identifier used in the XML schema for the ISO or RTO's tariff along
with other required metadata for making the filing.
---------------------------------------------------------------------------

    \23\ The ISO or RTO, however, would not have to share its
password.
---------------------------------------------------------------------------

    48. Currently, for some ISOs and RTOs, when a transmission owner
makes a section 205 filing to revise an ISO or RTO tariff, the ISO or
RTO is notified only through service. In order to provide greater
security and more immediate notification to the ISO or RTO, we will
provide an email to the ISO or RTO when the XML filing passes
verification checks. Although we have not experienced unauthorized
filings to date through our paper or eFiling system, this notification
will ensure that the ISO or RTO can detect immediately any potential
unauthorized filing. Moreover, because the person making the filing
will be eRegistered and will be using the company identification number
of the filer (Company A), we will be able to easily identify who made
the filing in case any questions are raised.
c. Section 206 Filings Related to ISOs/RTOs
    49. ISOs and RTOs sometimes have tariff or operating agreement
provisions that require a certain percentage of stakeholder support for
making FPA section 205 filings. As a result, if the requisite
stakeholder approval is not obtained, ISOs and RTOs have retained
rights to make filings pursuant to section 206 of the FPA, and may make
a single filing under both section 205 and section 206.\24\ In
addition, transmission owners that are part of the RTO also may file
complaints under FPA section 206 contending that the ISO or RTO tariff
is unjust and unreasonable. In the comments included in the NAESB
submission, a question was asked about the appropriate method of making
such filings, in particular whether the section 206 filing should be
made using the Commission's eFiling complaint mechanism, with the ISO
or RTO filing through the eTariff to amend its tariff only if the
Commission's ruling requires tariff changes.
---------------------------------------------------------------------------

    \24\ See, e.g., PJM Interconnection, LLC, 115 FERC ] 61,079
(2006).
---------------------------------------------------------------------------

    50. For ISO or RTO transmission owners filing a complaint against
the ISO or RTO, we think the complaint should be filed pursuant to the
standard complaint mechanism. While these transmission owners may have
legal rights to make section 205 filings to change certain aspects of
the ISO or RTO tariff, they do not have any different rights than any
other party to file complaints under section 206. If the Commission
agrees with the complainant, the ISO or RTO would then be directed to
submit a compliance filing through the eTariff portal to make the
required tariff changes.
    51. However, we propose that the RTO or ISO making a filing to
revise its own tariff pursuant to section 206 should make such a filing
through the eTariff portal with the appropriate tariff revisions and
XML metadata. Because such a filing relates to the ISO's or RTO's own
tariff, and the ISO or RTO has a reserved right to make such a section
206 filing, such a filing is more similar to a standard tariff filing
by a utility as opposed to a complaint filing. In addition, since RTOs
or ISOs may make a single filing in one proceeding under both sections
205 and 206, it seems appropriate to have such a filing made using the
standard eTariff mechanism.

D. Other Business Practice Changes

1. Electronic Service
    52. Many parties requested that once an electronic tariff mechanism
is in place that they be able to serve their initial tariff filings
electronically. In the 2005 Notice, the Commission stated that it would
permit electronic service for initial filings.\25\ The proposed changes
to our regulations will permit electronic service according to the same
procedures and protocols used for other

forms of service under the Commission's regulations.\26\ Customers and
state agencies wishing to receive service will be required to provide
the company with an applicable email address (since a service list will
not exist at the time of an initial filing). Any customer believing it
is unable to receive electronic service will need to request a waiver
of electronic service as provided in the regulations.\27\
---------------------------------------------------------------------------

    \25\ 112 FERC ] 61,043 at P 7.
    \26\ 18 CFR 385.2010.
    \27\ 18 CFR 390.3.
---------------------------------------------------------------------------

2. Attachment Documents
    53. Under the standards, all attachments to a filing, such as the
transmittal letter, testimony, cost-of-service statements, will be
included as part of the XML package. The attachments must meet the
formatting requirements for any other eFiled document, as set forth by
the Secretary of the Commission.
3. Withdrawal of Pending Tariff Filings and Amendments to Tariff
Filings
    54. As discussed in the 2004 NOPR, the electric, gas, and oil
industries have different procedures for withdrawing and amending a
tariff filing. For example, the regulations governing oil pipelines
permit withdrawal of proposed tariff filings before the tariff filing
is effective,\28\ while the regulations for electric and gas companies
do not address withdrawal of tariff filings prior to suspension.\29\
Because tariff withdrawal and amendment filings affect the status of
tariff proposals, standardization of these procedures is needed in
order to effectuate an electronic tariff system. We are therefore
continuing our proposal from the 2004 NOPR to allow a company to
withdraw in its entirety a tariff filing, which has not become
effective, and upon which no Commission or delegated order has been
issued, by filing a withdrawal motion with the Commission. The
withdrawal will become effective, and the filing deemed withdrawn, at
the end of 15 days, so long as no answer in opposition to the
withdrawal motion is filed within that period and the Commission has
not acted to deny the withdrawal motion. If such an answer in
opposition is made, the withdrawal is not effective until a Commission
or delegated order accepting the withdrawal is issued. In order to
ensure that the tariff database remains accurate, such withdrawal
filings will need to be made through the eTariff portal using the XML
schema so that the appropriate data elements can be revised.
---------------------------------------------------------------------------

    \28\ 18 CFR 341.13.
    \29\ 18 CFR 35.17; 154.205.
---------------------------------------------------------------------------

    55. Electric utilities and interstate pipelines file amendments or
modifications to tariff provisions to make substantive changes to their
filings as well as to correct minor errors. Because such modifications
can have substantive effect, the Commission is proposing to revise
Sec.  35.17 and Sec.  154.205 to make clear that the filing of an
amendment or modification to a tariff provision will toll the period
for action on the prior filing and establish a new period for
action.\30\
---------------------------------------------------------------------------

    \30\ As we stated in the 2004 NOPR, we recognize that in the
past, we have sought to process minor changes filed in NGA cases
within the 30-day statutory period, and we will continue to try to
do so for those amendments that are not significant or do not create
a major substantive difference in the tariff proposal.
---------------------------------------------------------------------------

4. Motions
    56. Several types of motions may be made by regulated entities that
do not include tariff sheets, but that affect the status of a tariff
filing. For example, interstate natural gas pipelines may file motions
to move suspended tariff sheets into effect, and other regulated
companies may file motions to change the effective dates of tariff
filings or to withdraw tariff filings. Because such filings affect the
metadata associated with the tariff filing, such motions must be filed
through the eTariff portal using the XML schema.
5. Rate Sheets for Tariff Filings by Intrastate and Hinshaw Pipelines
    57. Under the Commission's current regulations in section 284,
subparts C and G, an intrastate or Hinshaw pipeline must provide the
Commission with an election of how it will determine its interstate
service rates. An intrastate or Hinshaw pipeline also is required to
file with the Commission, within 30 days of the commencement of
service, a statement of operating conditions, which includes the rate
election it has made, but which currently does not require a statement
of the interstate rates to be charged. The interstate rates are
included only as part of the overall filing.
    58. In implementing the proposal for electronic filing tariff
filing, the statement of operating conditions will be placed in the
tariff database. To facilitate easier access by the Commission and the
public to the interstate service rates of intrastate and Hinshaw
pipelines, we are proposing to revise Sec.  284.123 of the regulations
to require intrastate and Hinshaw pipelines to include a statement of
their interstate service rates as part of the statement of operating
conditions that will appear in the tariff database. Including a
statement of interstate service rates in the statement of operating
conditions will ensure that all relevant information related to
interstate service will be accessible in the tariff database.

E. Transition Procedures

1. Baseline Tariff Filings
    59. Each utility will be required to make a filing to establish its
baseline tariffs. In the 2005 Notice, we proposed to reduce the burden
in making the baseline filing and limit such filings to tariffs of
generally applicability. As applied to filings by electric utilities,
the baseline filing would include open access transmission tariffs
(OATTs), power sales tariffs available to any customer, and market-
based rate tariffs. Individually negotiated rate schedules and
agreements would not have to be included as part of the baseline
filing. Interstate natural gas pipelines would have to file their
existing Volume No. 1 tariffs, but would not have to file special rate
schedules included in Volume No. 2 tariffs, or any existing negotiated
rate or non-conforming service agreements. Intrastate pipelines would
have to file their statement of operating conditions including their
interstate service rates. Oil pipelines would need to file their tariff
publications. Other pre-existing tariffs, rate schedules, and
agreements do not need to be included in the baseline filing, although
companies are free to include these agreements in their baseline
filings, and we would encourage them to do so.
    60. After implementation, all new tariffs and rates schedules would
have to be filed using the XML schema. Existing tariffs and rate
schedules not included as part of the baseline filing would need to be
filed electronically only when they are revised or amended.
    61. We recognize that some of the pre-existing tariffs and rates
schedules may not exist in electronic form. Companies having or
electing to file such agreements do not need to retype the entire
agreement. They may scan these agreements into PDF format and file them
in that fashion as an entire document. Although not required, companies
should run an optical character recognition program (OCR) to convert
these scanned documents into text so that the text of the tariff can be
searched and copied. We recognize that OCR may not work well on some
older documents, but even if the OCR version is not filed as the tariff
text, it should be included in the plain text field of the XML schema
for search purposes.

    62. The baseline tariff filing is not a substantive tariff
revision, and will be used only for placing generally available tariffs
into the database. The baseline filing, therefore, should reflect the
existing effective tariff, with no proposed substantive changes or
revisions. The baseline tariff filings will be subject to notice and
comment solely to permit customers to ensure that the proposed baseline
tariff is an accurate reflection of the effective tariff. No protests
involving other issues, such as the merits of various sections of the
tariff, will be considered. We also propose a one-time delegation of
authority to the Director of OEMR to rule on protests.
    63. If a regulated entity has a pending or suspended tariff change
filing at the time of the filing of the baseline tariff, the regulated
entity should not file these pending or suspended tariff sections as
part of the baseline tariff filing. When the Commission acts on pending
or suspended tariffs provisions, the companies will file the tariff
provisions through the eTariff portal for inclusion in the database.
2. Testing, Implementation and Further Procedures
    64. We recognize that after the final rule, companies and third-
party vendors developing tariff filing software will need time for
development as well as a mechanism for testing their software to make
sure that their filings will be accepted by the Commission. We will
therefore provide a testing site where companies can make test
electronic filings to determine whether their XML packages can be
received and can be parsed in order to determine if the XML package can
be opened and broken into its constituent parts, and to verify whether
the metadata supplied meets the requirements of the XML schema.
    65. Further, as the development process continues, we think it will
be useful to continue the dialog among FERC staff and the industries
involved, perhaps through the good offices of NAESB, to help the
industries better understand the use of the code values as well as to
discuss issues that may arise regarding methods of implementing the
standards. Commission staff also will be available to answer individual
questions about the use of the XML schema.
    66. While we would like to move as quickly as possible to
electronic tariff filing and the tariff database (and we think the
industries also would like to take advantage of the ease of electronic
filing and electronic service), we recognize that we need to provide
sufficient time for software development and testing to ensure that the
filing of tariffs electronically has as few bugs as possible. As a
general matter, we envision that compliance with the electronic filing
should be able to begin within six months to one year after the final
rule is issued, but we will not propose a firm deadline or structure
for compliance at this point.

III. Information Collection Statement

    67. The Office of Management and Budget (OMB) regulations require
approval of certain information collection and data retention
requirements imposed by agency rules.\31\ Upon approval of a collection
of information and data retention, OMB will assign an OMB control
number and an expiration date. Respondents subject to the filing
requirements of this rule will not be penalized for failing to respond
to these collections of information unless the collections of
information display a valid OMB control number.
---------------------------------------------------------------------------

    \31\ 5 CFR 1320.11.
---------------------------------------------------------------------------

    68. The information provided under Part 35 is identified for
information collection and records retention purposes as FERC-516. Data
collection FERC-516 applies to all reporting requirements covered in 18
CFR Part 35 including electric rate schedule filings, market power
analysis, tariff submissions, triennial reviews, and reporting
requirements for changes in status for public utilities with market-
based rate authority. The information provided under Parts 154 and 284
is identified for information collection and records retention purposes
as FERC-545. Data collection FERC-545 applies to all reporting
requirements covered in 18 CFR Part 154 including natural gas rate
schedule filings, and tariff submissions. The information provided
under Part 153 is identified for information collection and records
retention purposes as FERC-539. The information provided for under Part
341 is identified for information collection and records retention
purposes as FERC-550. Data collection FERC-550 applies to all reporting
requirements covered in 18 CFR Part 341 including oil pipeline tariffs,
indexes of tariffs, rates, and tariff publications. The Commission is
submitting these information collection requirements to OMB under
section 3507(d) of the Paperwork Reduction Act.\32\ Comments are
solicited on the Commission's need for this information, whether the
information will have practical utility, the accuracy of the provided
burden estimates, ways to enhance the quality, utility, and clarity of
the information to be collected, and any suggested methods for
minimizing the respondent's burden, including the use of automated
information techniques.
---------------------------------------------------------------------------

    \32\ 44 U.S.C. 3507(d) (2000).
---------------------------------------------------------------------------

    Burden Estimates: As discussed herein, the Commission proposes
amending its regulations to require that all tariffs, tariff revisions
and rate change applications for natural gas, oil pipeline and public
utilities be filed electronically based on standards developed by the
electric, gas, and oil industries through the NAESB process. During the
NAESB process, the industries opted for the flexibility provided by the
standards in place of using the filing software developed by the
Commission. The standards provide companies with the ability to obtain
software, or modify existing tariff maintenance software, that better
integrates with their individual tariff maintenance and business needs.
The use of the NAESB standards, in place of Commission distributed
software, also provides an open framework for third-party software
developers to develop filing applications or processes, which, by
handling multiple parties' filings, may prove less expensive than the
cost to each company of building its own system. Because cost estimates
for such third party programs are not available, the following burden
estimates reflect the cost to an individual company of obtaining
software, including open access software, and programming time, that is
sufficient to meet the requirements of the regulation, as well as the
cost of making the required baseline filing. These costs are one-time
compliance costs. Individual companies' costs may differ depending on
their internal business needs and the features they need. In addition,
the use of electronic filing will save the costs of making and serving
paper filings on an ongoing basis due to savings in mail and messenger
delivery and copying, and we provide estimates of those savings below
for one year. The public reporting and records retention burdens for
the proposed reporting requirements and the records retention
requirement are as follows.\33\
---------------------------------------------------------------------------

    \33\ These burden estimates apply only to this NOPR and do not
reflect upon all of FERC-516, FERC-545, FERC-539 or FERC-550.

                                                                 Baseline Tariff--Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Number of       Hours per                     Installation    Total install
                     Data collection                        respondents       tariff        Total hours        hours           hours        Total hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-516:
    Utilities...........................................             152               9            1368              16            2432            3800
    Marketers...........................................             984               5            4920              16            7872           12792
RTOs/ISOs...............................................               6             362            2172              24             144            2316
FERC-545:
    Small...............................................              96               7             672              16            1536            2208
Pipelines:
    Large...............................................              60              18            1080              16             960            2040
Pipelines:
    NGPA................................................             200               6            1200              16            3200            4400
FERC-550 Oil............................................             200               9            1800              16            3200            5000
                                                         -----------------------------------------------------------------------------------------------
        Totals..........................................  ..............  ..............           13212  ..............           19344           32556
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Annual Hours for Collections: 32,556.

                                             Baseline Tariff--Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Software
         Data collection             Number of       Cost per      Total filing     purchase &      Total cost
                                    respondents       tariff           cost        installation
----------------------------------------------------------------------------------------------------------------
FERC-516:
    Utilities...................             152            $211         $32,027          $1,690        $256,880
    Marketers \34\..............             984             109         107,448             845         831,480
RTOs/ISOs.......................               6           8,345          50,072           2,450          14,700
FERC-545:
    Small Pipelines.............              96             171          16,429           1,690         162,240
    Large Pipelines.............              60             423          25,391           1,690         101,400
    NGPA........................             200             132          26,484           1,690         338,000
FERC-550 Oil....................             200             206          41,152           1,690         338,000
                                 -------------------------------------------------------------------------------
        Totals..................  ..............  ..............         299,003  ..............       2,042,700
            Combined Total......  ..............  ..............  ..............  ..............       2,341,703
----------------------------------------------------------------------------------------------------------------

                                      Going Forward Cost Savings Per Annum
----------------------------------------------------------------------------------------------------------------
                                                                   Total number      Cost per
                                                                    of filings        filing        Total cost
----------------------------------------------------------------------------------------------------------------
Oil.............................................................             689            $110         $75,790
Electric........................................................           4,445             406       1,804,670
Gas.............................................................           2,548             406       1,034,488
                                                                 -----------------------------------------------
    Total.......................................................  ..............  ..............       2,914,948
----------------------------------------------------------------------------------------------------------------

    OMB's regulations require it to approve certain information
collection requirements imposed by an agency rule. The Commission is
submitting notification of this proposed rule to OMB. If the proposed
requirements are adopted they will be mandatory requirements.
---------------------------------------------------------------------------

    \34\ The costs for marketers assumes that affiliated marketers
will share a single installation.
---------------------------------------------------------------------------

    Title: FERC-516, Electric Rate Schedules and Tariff Filings; FERC-
545, Gas Pipeline Rates: Rate Change (Non Formal); FERC-549 Gas
Pipeline Rates: NGPA Title III Transactions; and FERC-550 Oil Pipeline
Rates: Tariff Filings.
    Action: Proposed Collections.
    OMB Control Nos. 1902-0096, 1902-0154, 1902-0062 and 1902-0089.
    Respondents: Business or other for profit.
    Frequency of responses: On occasion.
    Necessity of the Information:
    69. The Federal Energy Regulatory Commission is proposing
amendments to its regulations to require that all tariffs and tariff
revisions and rate change applications for the public utility natural
gas pipeline and oil pipeline industries be filed electronically with
the Commission in lieu of paper. Electronically filed tariffs and rate
case filings should improve the efficiency of the administrative
process for tariff and rate case filings, by providing time and
resource savings for all stakeholders. Respondents should see savings
by reducing the number of personnel required to assemble and submit
paper filings, and a reduction in duplication and mailing expenses.
Users of the information will be able to access the data at lower costs
due to efficiencies provided by electronic filing and retrieval. Data
filed electronically can be processed faster than paper filings. This
is due in part because procedural steps related to verifying the
applicant, receiving the tariff filing, routing the tariff filing,
entering the tariff filing into FERC's official record, public tariff
maintenance, public access to the tariff and tariff filing, and

confirming receipt of the tariff filing largely can be automated. Also
the speed at which tariff filings can be processed electronically can
increase the integrity of the data by speeding the process by which the
applicants and public can view the filings and identify errors, and
facilitating rapid filing of corrections. This capability is beneficial
as many tariff filings involve statutory processing deadlines.
    70. The Proposed rule will assist the Commission's efforts to
comply with the Government Paperwork Elimination Act (GPEA) by
developing the capability to file electronically with the Commission
via the Internet with uniform formats using software that is readily
available and easy to use and also achieve the President's Management
Agenda initiatives of expanding electronic government.
    Internal Review: The Commission has conducted an internal review of
the public reporting burden associated with the collections of
information and assured itself, by means of internal review, that there
is specific, objective support for the information collection burden
estimates. Moreover, the Commission has reviewed the collections of
information proposed by this NOPR and has determined that these
collections of information are necessary and conform to the
Commission's plans, as described in this rule, for the collection,
efficient management, and use of the required information.\35\
Interested persons may obtain information on the reporting requirements
by contacting the following: Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426, [Attention: Michael Miller,
Office of the Executive Director, Phone:<PHONE_NUMBER>, fax: (202)
273-0873, e-mail<EMAIL_ADDRESS>---------------------------------------------------------------------------

    \35\ See 44 U.S.C. 3506(c). (2000).
---------------------------------------------------------------------------

    71. For submitting comments concerning the collections of
information and the associated burden estimate(s), please send your
comments to the contact listed above and to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street, NW., Washington, DC 20503 [Attention: Desk Officer for the
Federal Energy Regulatory Commission, phone<PHONE_NUMBER>, fax: (202)
395-7285. Due to security concerns, comments should be sent
electronically to the following e-mail address: oira--
<EMAIL_ADDRESS>Please reference the docket number of this
rulemaking in your submission.

IV. Environmental Analysis

    72. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\36\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment. The actions proposed here fall within categorical
exclusions in the Commission's regulations for rules that are
clarifying, corrective, or procedural, for information gathering,
analysis, and dissemination, and for sales, exchange, and
transportation of natural gas that requires no construction of
facilities. Therefore, an environmental assessment is unnecessary and
has not been prepared in this NOPR.
---------------------------------------------------------------------------

    \36\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
] 30,783 (1987).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act Certification

    73. The Regulatory Flexibility Act of 1980 (RFA) \37\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The proposed rule will be applicable to all entities regulated by the
Commission, a small number of which may be small businesses. The
Commission finds that the regulations proposed here should not have a
significant impact on these few small businesses as they should be able
to acquire relevant software. Software to create XML files is available
from several Internet Web sites as shareware or subject to low-cost
licensing options. Moreover, by eliminating the requirement to file
numerous paper copies of tariffs and documents associated with rate
filings, these regulations are designed to reduce the filing burden on
all companies, including small businesses. Accordingly, the Commission
finds that these regulations will not impose a significant economic
impact on small businesses and no regulatory flexibility analysis is
required pursuant to Sec.  603 of the RFA.
---------------------------------------------------------------------------

    \37\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

VI. Comment Procedures

    74. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due May 29, 2008. Comments must refer to
Docket No. RM01-5-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
    75. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://
www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    76. Commenters that are not able to file comments electronically
must send an original and 14 copies of their comments to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street, NE., Washington, DC, 20426.
    77. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VII. Document Availability

    78. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington DC 20426.
    79. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    80. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at 202-502-
6652 (toll free at 1-866-208-3676) or e-mail at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. E-mail the Public Reference Room at
<EMAIL_ADDRESS>

List of Subjects

18 CFR Part 35

    Electric power rates, Electric utilities, Reporting and
recordkeeping requirements, Electricity, Incorporation by reference.

18 CFR Part 131

    Electric power.

18 CFR Part 154

    Natural gas, Pipelines, Reporting and recordkeeping requirements,
Natural gas companies, Rate schedules and tariffs.

18 CFR Part 157

    Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements.

18 CFR Part 250

    Natural gas, Reporting and recordkeeping requirements.

18 CFR Part 281

    Natural gas, Reporting and recordkeeping requirements.

18 CFR Part 284

    Continental shelf, Natural gas, Reporting and recordkeeping
requirements, Incorporation by reference.

18 CFR Part 300

    Administrative practice and procedure, Electric power rates,
Reporting and recordkeeping requirements, Electricity.

18 CFR Part 341

    Maritime carriers, Pipelines, Reporting and recordkeeping
requirements.

18 CFR Part 344

    Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 346

    Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 347

    Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 348

    Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 375

    Authority delegations (Government agencies), Seals and insignia,
Sunshine Act, Electric power rates, Electric utilities, Reporting and
recordkeeping requirements.

18 CFR Part 385

    Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.

    By direction of the Commission.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission proposes to amend
Parts 35, 131, 154, 157, 250, 281, 284, 300, 341, 344, 346, 347, 348,
375 and 385, Chapter I, Title 18, Code of Federal Regulations, as
follows.

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

    1. The authority citation for part 35 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

Sec.  35.1  [Amended]

    2. Section 35.1 is amended as follows:
    a. In paragraphs (b) and (c) remove all references to
``supplement''.
    b. In paragraph (c), the words ``Notices of Cancellation or
Termination'' are removed and the words ``cancellation or termination''
are added in their place.
    3. Section 35.2 is amended as follows:
    a. In paragraph (b), remove and reserve footnote 1.
    b. Paragraphs (c), (d), and (e) are redesignated as paragraphs (d),
(e), and (f) respectively.
    c. In redesignated paragraphs (d) and (f), the words ``rate
schedule'' are removed and the words ``rate schedule or tariff'' are
added in their place.
    d. Paragraph (c) is added, and redesignated paragraph (e) is
revised to read as follows:

Sec.  35.2  Definitions.

* * * * *
    (c) Tariff. The term ``tariff'' means a compilation of rate
schedules, service agreements, and other schedules of a public utility.
* * * * *
    (e) Posting. (1) The term ``posting'' as used in this part shall
mean:
    (i) Keeping a copy of every rate schedule, service agreement, or
tariff of a public utility as currently on file, or as tendered for
filing, with the Commission open and available during regular business
hours for public inspection in a convenient form and placed at the
public utility's principal and district or division offices in the
territory served, and
    (ii) Serving each purchaser under a rate schedule, service
agreement, or tariff either electronically or by mail in accordance
with the service regulations in part 385 of this chapter with a copy of
the rate schedule, service agreement, or tariff. Posting shall include,
in the event of the filing of increased rates or charges, serving
either electronically or by mail in accordance with the service
regulations in part 385 of this chapter each purchaser under a rate
schedule or schedules proposed to be changed and to each State
Commission within whose jurisdiction such purchaser or purchasers
distribute and sell electric energy at retail, a copy of the rate
schedule showing such increased rates or charges, comparative billing
data as required under this part, and, if requested by a purchaser or
State Commission, a copy of the supporting data required to be
submitted to this Commission under this part. Upon direction of the
Secretary, the public utility shall serve copies of rate schedules,
service agreements, or tariffs, and supplementary data, upon designated
parties other than those specified herein.
    (2) Unless it seeks a waiver of electronic service, each customer,
State Commission, or other party entitled to service under this
paragraph (e) must notify the company of the e-mail address to which
service should be directed. A customer, State Commission, or other
party may seek a waiver of electronic service by filing a waiver
request under part 390 of this chapter providing good cause for its
inability to accept electronic service.
* * * * *
    4. Section 35.3(a) is revised to read as follows:

Sec.  35.3  Notice requirements.

    (a) Rate schedules or tariffs. All rate schedules or tariffs or any
part thereof shall be tendered for filing with the Commission and
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 or tariff filing having a filing date in accordance with Sec.
35.2(d) may be deferred by making a filing requesting deferral prior to
its acceptance by the Commission.
* * * * *
    5. Section 35.7 is revised to read as follows:

Sec.  35.7  Electronic filing requirements.

    (a) General rule. All filings made in proceedings initiated under
this part must be made electronically, including tariffs, rate
schedules, service agreements, and contracts, or parts thereof, and
material that relates to or bears upon such documents, such as
cancellations, amendments, withdrawals, termination, or adoption of
tariffs. Paper submittals are not required.
    (b) Requirement for signature. All filings must be signed in
compliance with the following:
    (1) The signature on a filing constitutes a certification that: the
contents are true and correct to the best knowledge and belief of the
signer; and that the signer possesses full power and authority to sign
the filing.
    (2) A filing must be signed by one of the following:
    (i) The person on behalf of whom the filing is made;
    (ii) An officer, agent, or employee of the company, governmental
authority, agency, or instrumentality on behalf of which the filing is
made; or,
    (iii) A representative qualified to practice before the Commission
under Sec.  385.2101 of this chapter who possesses authority to sign.
    (3) All signatures on the filing or any document included in the
filing must comply, where applicable, with the requirements in part 385
of this chapter with respect to sworn declarations or statements and
electronic signatures.
    (c) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available on the Internet
at http://www.ferc.gov and can be obtained at the Federal Energy
Regulatory Commission, Public Information and Reference Branch, 888
First Street, NE., Washington, DC 20426.
    6. In Sec.  35.8, the section heading is revised to read as set
forth below, paragraph (b) is removed, and the designation ``(a)'' is
removed from paragraph (a).

Sec.  35.8  Protests and interventions by interested parties.

* * * * *
    7. Section 35.9 is revised to read as follows:

Sec.  35.9  Requirements for filing rate schedules and tariffs.

    (a) All rate schedules, tariffs, and service agreements may be
filed either by dividing the rate schedule, tariff, or agreements into
individual tariff sheets, or tariff sections, or as an entire document
except as provided in paragraphs (b) and (c) of this section.
    (b) Open Access Transmission Tariffs (OATT) filed by utilities that
are not Independent System Operators or Regional Transmission
Organizations must be filed either as individual sheets or sections. If
filed as sections, the sections must be no larger than the 1.0 level
with single sections for each schedule or attachment. Individual
agreements that are part of the OATT may be filed as entire documents.
    (c) Open Access Transmission Tariffs and other open access
documents filed by Independent System Operators or Regional
Transmission Organizations must be filed either as individual sheets or
sections. If filed as sections, the sections must be no larger than the
1.1 level including schedules or attachments. Individual agreements
that are part of the OATT may be filed as entire documents.
    8. In Sec.  35.10, paragraphs (b) and (c) are revised to read as
follows:

Sec.  35.10  Form and style of rate schedules and tariffs.

* * * * *
    (b) At the time a public utility files with the Commission and
posts under this part to supersede, supplement, or otherwise change the
provisions of a rate schedule, tariff, or service agreement previously
filed with the Commission under this part, in addition to the other
requirements of this part, it must list in the transmittal letter the
pages or sections revised and file a marked version of the rate
schedule or tariff pages or sections showing additions and deletions.
New language must be marked by either highlight, background shading,
bold text, or underlined text. Deleted language must be marked by
strike-through.
    (c) In any filing to supersede, supplement, or otherwise change the
provisions of a rate schedule, tariff, or service agreement previously
filed with the Commission under this part, only those revisions
appropriately designated and marked under paragraph (b) of this section
constitute the filing. Revisions to unmarked portions of the rate
schedule or tariff are not considered part of the filing nor will any
acceptance of the filing by the Commission constitute acceptance of
such unmarked changes.

Sec.  35.10a  [Amended]

    9. In Sec.  35.10a(b), the word ``Sec.  35.10(b)'' is removed and
the word ``Sec.  35.7'' is added in its place.

Sec.  35.11  [Amended]

    10. In Sec.  35.11, the words ``purchasers under other rate
schedules'' are removed and the words ``purchasers under other rate
schedules or tariff provisions'' are added in their place.
    11. Amend Sec.  35.13 as follows:
    a. In paragraph (a) introductory text, remove the reference to
``supplement,''.
    b. In paragraph (c)(1) introductory text, remove the reference to
``or supplemented''.
    c. Revise the section heading to read as follows:

Sec.  35.13  Filing of changes in rate schedules or tariffs.

* * * * *
    12. In Sec.  35.15, paragraph (a), the first sentence is revised to
read as follows:

Sec.  35.15  Notices of cancellation or termination.

    (a) General rule. When a rate schedule or tariff or part thereof
required to be on file with the Commission is proposed to be cancelled
or is to terminate by its own terms and no new rate schedule or tariff
or part thereof is to be filed in its place, a filing must be made to
cancel such rate schedule or tariff at least sixty days but not more
than one hundred-twenty days prior to the date such cancellation or
termination is proposed to take effect. * * *
* * * * *

Sec.  35.16  [Amended]

    13. In Sec.  35.16, the words ``on the form indicated in Sec.
131.51 of this chapter'' are removed and the words ``with a tariff
consistent with the electronic filing requirements in Sec.  35.7 of
this part'' are added in their place.
    14. Section 35.17 is amended as follows:
    a. Paragraphs (a), (b), and (c) are redesignated as paragraphs (c),
(d), and (e), respectively.
    b. The section heading is revised, and new paragraphs (a) and (b)
are added to read as follows:

Sec.  35.17  Withdrawals and amendments of rate schedules or tariff
filings.

    (a) Withdrawals of rate schedule or tariff filings prior to
Commission action.
    (1) A public utility may withdraw in its entirety a rate schedule
or tariff filing that has not become effective and upon which no
Commission or delegated order has been issued by filing a withdrawal
motion with the Commission. Upon the filing of such motion, the
proposed rate schedule or

tariff sections will not become effective under section 205(d) of the
Federal Power Act in the absence of Commission action making the rate
schedule or tariff filing effective.
    (2) The withdrawal motion will become effective, and the rate
schedule or tariff filing will be deemed withdrawn, at the end of 15
days from the date of filing of the withdrawal motion, if no answer in
opposition to the withdrawal motion is filed within that period and if
no order disallowing the withdrawal is issued within that period. If an
answer in opposition is filed within the 15 day period, the withdrawal
is not effective until an order accepting the withdrawal is issued.
    (b) Amendments or modifications to rates or tariff sections prior
to Commission action on the filing. A public utility may file to amend
or modify a rate or tariff section contained in a rate schedule or
tariff filing that has not become effective and upon which no
Commission or delegated order has yet been issued. Such filing will
toll the notice period in section 205(d) of the Federal Power Act for
the original filing, and establish a new date on which the entire
filing will become effective, in the absence of Commission action, no
earlier than 61 days from the date of the filing of the amendment or
modification.
* * * * *

Sec.  35.21  [Amended]

    15. In Sec.  35.21, footnote 5, to the words ``footnote 1 to'' are
removed.

Sec.  35.23  [Amended]

    16. In Sec.  35.23, paragraph (b)(1)(ii), the word ``pages'' is
removed and the words ``pages or sections'' are added in their place.

Sec. Sec.  35.1, 35.4, 35.5, 35.6, 35.11, 35.12, 35.13, and
35.17  [Amended]

    17. In addition to the amendments set forth above, in 18 CFR part
35, the following nomenclature changes are made to the sections
indicated:
    a. In Sec. Sec.  35.1(b) and (c), 35.4, 35.6, 35.11, 35.12(a),
35.13(a), 35.13(a)(1), 35.13(a)(2)(iii), 35.13(b)(1), 35.13(c)(1),
35.17(c), 35.17(d), and 35.17(e), all references to ``rate schedule''
are removed and ``rate schedule or tariff'' is added in their place.
    b. In the headings of Sec. Sec.  35.17(c), 35.17(d), and 35.17(e),
all references to ``rate schedules'' are removed and ``rate schedules
or tariffs'' is added in their place.

PART 131--FORMS

    18. The authority citation for part 131 continues to read as
follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

Sec. Sec.  131.51 and 131.53  [Removed and Reserved]

    19. Sections 131.51 and 131.53 are removed and reserved.

Sec.  131.52  [Amended]

    20. In Sec.  131.52, the words ``(An original and one conformed
copy to be submitted)'' are removed.

PART 154--RATE SCHEDULES AND TARIFFS

    21. The authority citation for part 154 continues to read as
follows:

    Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.

Sec.  154.2  [Amended]

    22. In Sec.  154.2, paragraph (b), the words ``either in book form
or'' are removed.
    23. Section 154.4 is revised to read as follows:

Sec.  154.4  Electronic filing of tariffs and related materials.

    (a) General rule. All filings made in proceedings initiated under
this part must be made electronically, including tariffs, rate
schedules, service agreements, and contracts, or parts thereof, and
material that relates to or bears upon such documents, such as
cancellations, amendments, withdrawals, termination, or adoption of
tariffs. Paper submittals are not required.
    (b) Requirement for signature. All filings must be signed in
compliance with the following:
    (1) The signature on a filing constitutes a certification that the
contents are true to the best knowledge and belief of the signer, and
that the signer possesses full power and authority to sign the filing.
    (2) A filing must be signed by one of the following:
    (i) The person on behalf of whom the filing is made;
    (ii) An officer, agent, or employee of the company, governmental
authority, agency, or instrumentality on behalf of which the filing is
made; or,
    (iii) A representative qualified to practice before the Commission
under Sec.  385.2101 of this chapter who possesses authority to sign.
    (3) All signatures on the filing or any document included in the
filing must comply, where applicable, with the requirements in Sec.
385.2005 of this chapter with respect to sworn declarations or
statements and electronic signatures.
    (c) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available on the Internet
at http://www.ferc.gov and can be obtained at the Federal Energy
Regulatory Commission, Public Information and Reference Branch, 888
First Street, NE., Washington, DC 20426.

Sec.  154.5  [Amended]

    24. In Sec.  154.5, the words ``375.307 (b)(2)'' are removed and
the words ``part 375'' are added in their place.

Sec.  154.101  [Removed and Reserved]

    25. Section 154.101 is removed and reserved.
    26. Section 154.102 is revised to read as follows:

Sec.  154.102  Requirements for filing rate schedules and tariffs.

    (a) All rates schedules, tariffs, and service agreements may be
filed either by dividing the rate schedule, tariff, or agreement into
individual tariff sheets, or tariff sections, or as an entire document
except as provided in paragraph (b) of this section.
    (b) Open Access Transmission Tariffs must be filed either as
individual sheets or sections. If filed as sections, each section must
include only material of related subject matter and must be of
reasonable length. Individual negotiated rate agreements, non-
conforming service agreements, or other agreements that are included in
the tariff may be filed as entire documents.
    27. Section 154.104 is revised to read as follows:

Sec.  154.104  Table of contents.

    The table of contents must contain a list of the rate schedules,
sections of the general terms and conditions, and other sections in the
order in which they appear, showing the sheet number of the first page
of each section or the section number. The list of rate schedules must
consist of: The alphanumeric designation of each rate schedule, a very
brief description of the service, and the sheet number of the first
page of each rate schedule or the section number.

Sec.  154.106  [Amended]

    28. In Sec.  154.106, paragraph (b) is removed and reserved.

Sec.  154.112  [Amended]

    29. Amend Sec.  154.112 as follows:
    a. In paragraph (a) remove the word ``page'' and add in its place
``page or section''.

    b. In paragraph (a) remove the words ``or insert sheets'' and add
in their place ``inserted sheets or sections''.
    30. Section 154.201 (a) is revised to read as follows:

Sec.  154.201  Filing requirements.

* * * * *
    (a) A list in the transmittal letter of the tariff pages or
sections being revised and a marked version of the pages or sections to
be changed or superseded showing additions and deletions. New numbers
and text must be marked by either highlight, background shading, bold,
or underline. Deleted text and numbers must be indicated by strike-
through. Only those revisions appropriately designated and marked
constitute the filing. Revisions to unmarked portions of the rate
schedule or tariff are not considered part of the filing nor will any
acceptance of the filing by the Commission constitute acceptance of
such unmarked changes.
* * * * *
    31. Section 154.205 is amended as follows:
    a. Paragraphs (a), (b), and (c) are redesignated as paragraphs (c),
(d), and (e), respectively.
    b. The section heading is revised, and paragraphs (a) and (b) are
added to read as follows:

Sec.  154.205  Withdrawals and amendments of tariff filings and
executed service agreements.

    (a) Withdrawals of tariff filings or service agreements prior to
Commission action. (1) A natural gas company may withdraw in its
entirety a tariff filing or executed service agreement that has not
become effective and upon which no Commission or delegated order has
been issued by filing a withdrawal motion with the Commission. Upon the
filing of such motion, the proposed tariff sections or service
agreements will not become effective under section 4(d) of the Natural
Gas Act in the absence of Commission action making the rate schedule or
tariff filing effective.
    (2) The withdrawal motion will become effective, and the rate
schedule or tariff filing will be deemed withdrawn, at the end of 15
days from the date of filing of the withdrawal motion, if no answer in
opposition to the withdrawal motion is filed within that period and if
no order disallowing the withdrawal is issued within that period. If an
answer in opposition is filed within the 15 day period, the withdrawal
is not effective until an order accepting the withdrawal is issued.
    (b) Amendments or modifications to tariff sections or service
agreements prior to Commission action on a tariff filing. A natural gas
company may file to amend or modify a tariff or service agreement
contained in a tariff filing upon which no Commission or delegated
order has yet been issued. Such filing will toll the notice period in
section 4(d) of the Natural Gas Act for the original filing, and
establish a new date on which the entire filing will become effective,
in the absence of Commission action, no earlier than 31 days from the
date of the filing of the amendment or modification.
* * * * *
    32. In Sec.  154.208, paragraph (d) is revised and paragraphs (e)
and (f) are added to read as follows:

Sec.  154.208  Service on customers and other parties.

* * * * *
    (d) A customer or other party may designate a recipient of service.
The filing company must serve the designated recipient, in accordance
with this section, instead of the customer or other party. For the
purposes of this section, service upon the designated recipient will be
deemed service upon the customer or other party.
    (e) The company may choose to effect service either electronically
or by paper. Such service must be made in accordance with the
requirements of part 385 of this chapter.
    (f) Unless it seeks a waiver of electronic service, each customer
or party entitled to service under this section must notify the company
of the e-mail address to which service should be directed. A customer
or party may seek a waiver of electronic service by filing a waiver
request under part 390 of this chapter, providing good cause for its
inability to accept electronic service.

Sec.  154.209  [Removed and Reserved]

    33. Section 154.209 is removed and reserved.

Sec.  154.402  [Amended]

    34. In Sec.  154.402, paragraph (b)(1), the word ``schedules'' is
removed and the words ``rate schedules'' are added in its place.

Sec.  154.602  [Amended]

    35. Section 154.602 is amended by removing the phrase ``on the form
indicated in Sec.  250.2 or Sec.  250.3 of this chapter, whichever is
applicable'' and adding in its place the phrase ``tariff filing in the
electronic format required by Sec.  154.4''.
    36. Section 154.603 is revised as follows:

Sec.  154.603  Adoption of the tariff by a successor.

    Whenever the tariff or contracts of a natural gas company on file
with the Commission is to be adopted by another company or person as a
result of an acquisition, or merger, authorized by a certificate of
public convenience and necessity, or for any other reason, the
succeeding company must file with the Commission, and post within 30
days after such succession, a tariff filing in the electronic format
required by Sec.  154.4 bearing the name of the successor company.

Sec. Sec.  154.7, 154.111, 154.202, 154.206, 154.208, 154.402, and
154.403  [Amended]

    37. In addition to the amendments set forth above, in 18 CFR part
154, the following nomenclature changes are made to the sections as
amended:
    a. In Sec. Sec.  154.7(a)(5), 154.111(c), 154.202(b), 154.206(a),
154.208(a), all references to ``sheets'' are removed and ``sheets or
sections'' is added in their place.
    b. In Sec. Sec.  154.402(b) introductory text, 154.402(b)(3),
154.403(b), all references to ``sheet'' are removed and ``sheet or
section'' is added in their place.

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT

    38. The authority citation for part 157 continues to read as
follows:

    Authority: 15 U.S.C. 717-717w.

    39. Amend Sec.  157.217 by adding a sentence to the end of
paragraph (a)(4) to read as follows:

Sec.  157.217  Changes in rate schedules.

    (a) * * *
    (4) * * * This tariff filing must be filed in the electronic format
required by Sec.  154.4 of this chapter.
* * * * *

PART 250--FORMS

    40. The authority citation for part 250 continues to read as
follows:

    Authority: 15 U.S.C. 717-717w; 3301-3432; 42 U.S.C. 7101-7352.

Sec. Sec.  250.2, 250.3, and 250.4  [Removed and Reserved]

    41. Sections 250.2, 250.3, and 250.4 are removed and reserved.

PART 281--NATURAL GAS CURTAILMENT UNDER THE NATURAL GAS POLICY ACT
OF 1978

    42. The authority citation for part 281 continues to read as
follows:

    Authority: 15 U.S.C. 717-717w; 3301-3432; 16 U.S.C. 2601-2645;
42 U.S.C. 7101-7352.

    43. In Sec.  281.204, the first sentence in paragraph (a) is
revised to read as follows:

Sec.  281.204  Tariff filing requirements.

    (a) General Rule. Each interstate pipeline listed in Sec.  281.202
shall file tariff sheets, in accordance with Sec.  154.4 of this
chapter, including an index of entitlements, which provides that if the
interstate pipeline is in curtailment, natural gas will be delivered in
accordance with the provisions of this subpart. * * *
* * * * *

Sec. Sec.  281.204, 281.212, 281.213  [Amended]

    44. In addition to the amendments set forth above, in 18 CFR part
281, the following nomenclature changes are made to the sections as
amended:
    a. In Sec. Sec.  281.204(a), 281.212(a), 281.212(b), 281.212(c),
281.213(b), 281.213(d), 281.213(e), all references to ``sheets'' are
removed and ``sheets or sections'' is added in their place.
    b. In Sec.  281.212, the section heading is amended to remove the
reference to ``sheets.''

PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES

    45. The authority citation for part 284 continues to read as
follows:

    Authority: 15 U.S.C. 717-717w; 3301-3432; 42 U.S.C. 7101-7352;
43 U.S.C. 1331-1356.

    46. In Sec.  284.123, paragraph (e) is revised and paragraph (f) is
added to read as follows:

Sec.  284.123  Rates and charges.

* * * * *
    (e) Filing requirements. Within 30 days of commencement of new
service, any intrastate pipeline that engages in transportation
arrangements under this subpart must file with the Commission a
statement that includes the pipeline's interstate rates, the rate
election made pursuant to paragraph (b) of this section, and a
description of how the pipeline will engage in these transportation
arrangements, including operating conditions, such as, quality
standards and financial viability of the shipper. If the pipeline
changes its operations, rates, or rate election under this subpart, it
must amend the statement and file such amendments not later than 30
days after commencement of the change in operations or the change in
rate election.
    (f) Electronic filing of statements, and related materials. (1)
General rule. All filings made in proceedings initiated under this part
must be made electronically, including rates and charges, or parts
thereof, and material related thereto, statements, and all workpapers.
Paper submittals are not required to be filed.
    (2) Requirements for signature. All filings must be signed in
compliance with the following:
    (i) The signature on a filing constitutes a certification that the
contents are true to the best knowledge and belief of the signer, and
that the signer possesses full power and authority to sign the filing.
    (ii) A filing must be signed by one of the following:
    (A) The person on behalf of whom the filing is made;
    (B) An officer, agent, or employee of the company, governmental
authority, agency, or instrumentality on behalf of which the filing is
made; or,
    (C) A representative qualified to practice before the Commission
under Sec.  385.2101 of this chapter who possesses authority to sign.
    (iii) All signatures on the filing or any document included in the
filing must comply, where applicable, with the requirements in Sec.
385.2005 of this chapter with respect to sworn declarations or
statements and electronic signatures.
    (3) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available on the Internet
at http://www.ferc.gov and can be obtained at the Federal Energy
Regulatory Commission, Public Information and Reference Branch, 888
First Street, NE., Washington, DC 20426.
    47. In Sec.  284.224, paragraph (e)(5) is revised to read as
follows:

Sec.  284.224  Certain transportation and sales by local distribution
companies.

* * * * *
    (e) * * *
    (5) Filing Requirements. Filings under this section must comply
with the requirements of Sec.  284.123(f) of this part. The tariff
filing requirements of part 154 of this chapter shall not apply to
transactions authorized by the blanket certificate.
* * * * *

PART 300--CONFIRMATION AND APPROVAL OF THE RATES OF FEDERAL POWER
MARKETING ADMINISTRATIONS

    48. The authority citation for part 300 continues to read as
follows:

    Authority: 16 U.S.C. 825s, 832-832l, 838-838k, 839-839h; 42
U.S.C. 7101-7352; 43 U.S.C. 485-485k.

    49. In Sec.  300.10, paragraph (a)(4) is added to read as follows:

Sec.  300.10  Application for confirmation and approval.

    (a) * * *
    (4) Electronic filing. All material must be filed electronically in
accordance with the requirements of Sec.  35.7 of this chapter. Paper
submittals are not required to be filed.
* * * * *

PART 341--OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO
SECTION 6 OF THE INTERSTATE COMMERCE ACT

    50. The authority citation for part 341 continues to read as
follows:

    Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 1-27.

    51. In Sec.  341.0, paragraph (a)(11) is revised and paragraph
(a)(13) is added to read as follows:

Sec.  341.0  Definitions; application.

    (a) * * *
    (11) Tariff publication means all parts of a filed tariff,
including revised pages, and supplements and sections.
* * * * *
    (13) Section means an individual portion of a tariff that is
tracked and accorded appropriate legal status (proposed, suspended,
effective). A section is the smallest portion of a tariff that can be
submitted as part of a tariff filing.
* * * * *
    52. Section 341.1 is revised to read as follows:

Sec.  341.1  Electronic filing of tariffs and related materials.

    (a) General rule. All filings of tariff publications and related
materials made in proceedings initiated under this part must be made
electronically. Paper submittals are not required.
    (b) Requirement for signature. All filings must be signed in
compliance with the following:
    (1) The signature on a filing constitutes a certification that the
contents are true to the best knowledge and belief of the signer, and
that the signer possesses full power and authority to sign the filing.

    (2) A filing must be signed by one of the following:
    (i) The person on behalf of whom the filing is made;
    (ii) An officer, agent, or employee of the company, governmental
authority, agency, or instrumentality on behalf of which the filing is
made; or,
    (iii) A representative qualified to practice before the Commission
under Sec.  385.2101 of this chapter who possesses authority to sign.
    (3) All signatures on the filing or any document included in the
filing must comply, where applicable, with the requirements in Sec.
385.2005 of this chapter with respect to sworn declarations or
statements and electronic signatures.
    (c) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available on the Internet
at http://www.ferc.gov and can be obtained at the Federal Energy
Regulatory Commission, Public Information and Reference Branch, 888
First Street, NE., Washington, DC 20426.
    53. Section 341.2 is amended as follows:
    a. Paragraph (c)(3) is removed.
    b. In paragraph (c)(1), the reference to `` or supplement numbers''
is removed and ``supplemental numbers, or tariff sections'' is added in
its place.
    c. Paragraphs (a) and (c)(2) are revised to read as follows:

Sec.  341.2  Filing requirements.

    (a) Service of filings. (1) Carriers must serve tariff publications
and justifications to each shipper and subscriber. The company may
choose to effect service either electronically or by paper. Such
service shall be made in accordance with the requirements of part 385
of this chapter.
    (2) Unless it seeks a waiver of electronic service, each customer
or party entitled to service under this paragraph (a) must notify the
company of the email address to which service should be directed. A
customer or party may seek a waiver of electronic service by filing a
waiver request under part 390 of this chapter providing good cause for
its inability to accept electronic service.
* * * * *
    (c) * * *
    (2) Certification. Letters of transmittal must certify that the
filing has been sent to each subscriber of the tariff publication
pursuant to paragraph (a) of this section. If there are no subscribers,
letters of transmittal must so certify.
    54. In Sec.  341.3, paragraphs (a), (b)(6)(ii), and (b)(10)(i) are
revised, and paragraph (b)(10)(vi) is added to read as follows.

Sec.  341.3  Form of tariff.

    (a) Tariffs may be filed either by dividing the tariff into
individual loose-leaf tariff sheets or tariff sections, or as an entire
document.
    (b) * * *
    (6) * * *
    (ii) Each rule must be given a separate item number, (e.g., Item
No. 1), and the title of each rule must be distinctive.
* * * * *
    (10) * * *
    (i) All tariff publications must identify where changes have been
made in existing rates or charges, rules, regulations or practices, or
classifications. One of the following letter designations or uniform
symbols may be used to indicate the change, and insertions, other than
to tables and rates, must be indicated by either highlight, background
shading, bold, or underline, with deleted text indicated by strike-
through.:

------------------------------------------------------------------------
           Description                 Option 1            Option 2
------------------------------------------------------------------------
Increase........................  ......  [I]
Decrease........................  ~.................  [D]
Change in wording only..........  -.................  [W]
Cancel..........................  {time} ...........  [C]
Reissued Item...................  =.................  [R]
Unchanged Rate..................  {.................  [U]
New.............................  *.................  [N]
------------------------------------------------------------------------

* * * * *
    (vi) Only revisions that are marked appropriately constitute the
filing. Revisions to unmarked portions of the rate schedule or tariff
are not considered part of the filing nor will any acceptance of the
filing by the Commission constitute acceptance of such unmarked
changes.
* * * * *

Sec.  341.4  [Amended]

    55. In Sec.  341.4, paragraph (c) is removed and reserved.
    56. In Sec.  341.13, paragraph (a) and paragraph (b) introductory
text are revised to read as follows:

Sec.  341.13  Withdrawal of proposed tariff publications.

    (a) Proposed tariff publications. A proposed tariff publication
which is not yet effective may be withdrawn at any time by filing a
notice with the Commission with a certification that all subscribers
have been notified by copy of such withdrawal.
    (b) Tariff publications that are subject to investigation. A tariff
publication that has been permitted to become effective subject to
investigation may be withdrawn at any time by filing a notice with the
Commission, which includes a transmittal letter, a certification that
all subscribers have been notified of the withdrawal, and the previous
tariff provisions that are to be reinstated upon withdrawal of the
tariff publication under investigation. Such withdrawal shall be
effective immediately upon the submission of the notice, unless a
specific effective date is set forth in the notice, and must have the
following effects:
* * * * *

PART 344--FILING QUOTATIONS FOR U.S. GOVERNMENT SHIPMENTS AT
REDUCED RATES

    57. The authority citation for part 344 continues to read as
follows:

    Authority: 42 U.S. 7101-7352; 49 U.S.C. 1-27.

    58. Amend Sec.  344.2 as follows:
    a. Remove and reserve paragraph (b).
    b. Revise paragraphs (a) and (c) to read as follows:

Sec.  344.2  Manner of submitting quotations.

    (a) The quotation or tender must be submitted to the Commission
concurrently with the submittal of the quotation or tender to the
Federal department or agency for whose account the quotation or tender
is offered or the proposed services are to be rendered.
    (b) [Reserved]
    (c) Filing procedure. (1) The quotation must be filed with a letter
of transmittal that prominently indicates that the

filing is in accordance with section 22 of the Interstate Commerce Act.
    (2) All filings pursuant to this part must be filed electronically
consistent with Sec. Sec.  341.1 and 341.2 of this chapter.
* * * * *

PART 346--OIL PIPELINE COST-OF-SERVICE FILING REQUIREMENTS

    59. The authority citation for part 346 continues to read as
follows:

    Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C.
1-85.

    60. In Sec.  346.1, the introductory text is revised to read as
follows:

Sec.  346.1  Content of filing for cost-of-service rates.

    A carrier that seeks to establish rates pursuant to Sec.  342.2(a)
of this chapter, or a carrier that seeks to change rates pursuant to
Sec.  342.4(a) of this chapter, or a carrier described in Sec.
342.0(b) of this chapter that seeks to establish or change rates by
filing cost, revenue, and throughput data supporting such rates, other
than pursuant to a Commission-approved settlement, must file,
consistent with the requirements of Sec. Sec.  341.1 and 341.2 of this
chapter:
* * * * *

PART 347--OIL PIPELINE DEPRECIATION STUDIES

    61. The authority citation for part 347 continues to read as
follows:

    Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C.
1-85.

    62. In Sec.  347.1, remove and reserve paragraph (b), remove the
last two sentences of paragraph (c), and revise paragraph (a) to read
as follows:

Sec.  347.1  Material to support request for newly established or
changed property account depreciation studies.

    (a) Means of filing. Filing of a request for new or changed
property account depreciation rates must be made under this part 347
and must be consistent with Sec. Sec.  341.1 and 341.2 of this chapter.
* * * * *
    b. Remove and reserve paragraph (b).
    c. In paragraph (c), remove the last two sentences.

PART 348--OIL PIPELINE APPLICATIONS FOR MARKET POWER DETERMINATIONS

    63. The authority citation for part 348 continues to read as
follows:

    Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C.
1-85.

    64. In Sec.  348.2, paragraphs (a) and (c) are revised to read as
follows:

Sec.  348.2  Procedures.

    (a) A carrier must file in the manner provided by Sec. Sec.  341.1
and 341.2 of this chapter. A carrier must submit with its application
any request for privileged treatment of documents and information under
Sec.  388.112 of this chapter and a proposed form of protective
agreement.
* * * * *
    (c) A letter of transmittal must describe the market-based rate
filing, including an identification of each rate that would be market-
based, and the pertinent tariffs, state if a waiver is being requested
and specify the statute, section, subsection, regulation, policy or
order requested to be waived. Letters of transmittal must be certified
pursuant to Sec.  341.1(b) of this chapter.
* * * * *

PART 375--THE COMMISSION

    65. The authority citation for part 375 continues to read as
follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.

    66. Amend Sec.  375.307 as follows:
    a. Paragraph (b)(1)(i) is amended by removing the word ``and'' from
the end of the paragraph.
    b. Paragraph (b)(1)(ii) is amended by removing the period at the
end of the paragraph and adding ``; and'' in its place.
    c. Paragraph (b)(1)(iii) is added to read as follows:

Sec.  375.307  Delegations to the Director of the Office of Energy
Market Regulation.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Filings for administrative revisions to electronic filed
tariffs.
* * * * *

PART 385--RULES OF PRACTICE AND PROCEDURE

    67. The authority citation for part 385 continues to read as
follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352, 16441,16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988).

Sec.  385.203  [Amended]

    68. In Sec.  385.203, paragraph (a)(4), the reference to ``sheets''
is removed and ``sheets or sections'' is added in its place.
    69. In Sec.  385.215, paragraph (a)(2) is amended to add a first
sentence to read as follows:

Sec.  385.215  Amendment of pleadings and tariff or rate filings (Rule
215).

    (a) * * *
    (2) A tariff or rate filing may be amended or modified only as
provided in the regulations under this chapter. * * *
* * * * *
    70. In Sec.  385.216, the heading and paragraph (a) is revised to
read as follows:

Sec.  385.216  Withdrawal of pleadings and tariff or rate filings (Rule
216).

    (a) Filing. Any participant, or any person who has filed a timely
motion to intervene which has not been denied, may seek to withdraw a
pleading by filing a notice of withdrawal. The procedures provided in
this section do not apply to withdrawals of tariff or rate filings,
which may be withdrawn only as provided in the regulations under this
chapter.
* * * * *

Sec.  385.217  [Amended]

    71. In Sec.  385.217, paragraph (d)(1)(iii), the reference to
``sheets'' is removed and ``sheets or sections'' is added in its place.

Sec.  385.2011  [Amended]

    72. In Sec.  385.2011, paragraph (b)(1) is removed and reserved,
and paragraphs (b)(4) and (b)(5) are removed.

 [FR Doc. E8-9297 Filed 4-28-08; 8:45 am]

BILLING CODE 6717-01-P