18 C.F.R. § 35.27 Power sales at market-based rates.
Title 18 - Conservation of Power and Water Resources
(a) Notwithstanding any other requirements, any public utility seeking authorization to engage in sales for resale of electric energy at market-based rates shall not be required to demonstrate any lack of market power in generation with respect to sales from capacity for which construction has commenced on or after July 9, 1996. (b) Nothing in this part— (1) Shall be construed as preempting or affecting any jurisdiction a state commission or other state authority may have under applicable state and federal law, or (2) Limits the authority of a state commission in accordance with state and federal law to establish (i) Competitive procedures for the acquisition of electric energy, including demand-side management, purchased at wholesale, or (ii) Non-discriminatory fees for the distribution of such electric energy to retail consumers for purposes established in accordance with state law. (c) Reporting requirement. Any public utility with the authority to engage in sales for resale of electric energy in interstate commerce at market-based rates shall be subject to the following: (1) As a condition of obtaining and retaining market-based rate authority, a public utility with market-based rate authority must timely report to the Commission any change in status that would reflect a departure from the characteristics the Commission relied upon in granting market-based rate authority. A change in status includes, but is not limited to, each of the following: (i) Ownership or control of generation or transmission facilities or inputs to electric power production other than fuel supplies, or (ii) Affiliation with any entity not disclosed in the application for market-based rate authority that owns or controls generation or transmission facilities or inputs to electric power production, or affiliation with any entity that has a franchised service area. (2) Any change in status subject to paragraph (c)(1) of this section must be filed no later than 30 days after the change in status occurs. [Order 888, 61 FR 21693, May 10, 1996, as amended by Order 652, 70 FR 8269, Feb. 18, 2005]
Title 18: Conservation of Power and Water Resources
PART 35—FILING OF RATE SCHEDULES AND TARIFFS
Subpart C—Other Filing Requirements
§ 35.27 Power sales at market-based rates.
