18 Cfr 154.4

Federal Energy Regulatory Commission
7(c) of the Natural Gas Act, until such
certificate has been issued.
(d) For the purposes of paragraph (b)
of this section, any contract that conforms to the form of service agreement
that is part of the pipeline’s tariff pursuant to § 154.110 does not have to be
filed. Any contract or executed service
agreement which deviates in any material aspect from the form of service
agreement in the tariff is subject to
the filing requirements of this part.

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§ 154.2 Definitions.
(a) Contract means any agreement
which in any manner affects or relates
to rates, charges, classifications, practices, rules, regulations, or services for
any transportation or sale of natural
gas subject to the jurisdiction of the
Commission. This term includes an executed service agreement.
(b) FERC Gas Tariff or tariff means a
compilation, on electronic media, of all
of the effective rate schedules of a particular natural gas company, and a
copy of each form of service agreement.
(c) Form of service agreement means
an unexecuted agreement for service
included as an example in the tariff.
(d) Post means: to make a copy of a
natural gas company’s tariff and contracts available during regular business hours for public inspection in a
convenient form and place at the natural gas company’s offices where business is conducted with affected customers; and, to serve each affected customer and interested state Commission
in accordance with § 154.208 of this
Part.
(e) Rate schedule means a statement
of a rate or charge for a particular
classification of transportation or sale
of natural gas subject to the jurisdiction of the Commission, and all terms,
conditions, classifications, practices,
rules, and regulations affecting such
rate or charge.
(f) Filing date means the day on
which a tariff, or part thereof, or a contract is received in the Office of the
Secretary of the Commission for filing
in compliance with the requirements of
this part.
[Order 582, 60 FR 52996, Oct. 11, 1995, as
amended by Order 714, 73 FR 57533, Oct. 3,
2008]

§ 154.4
§ 154.3

Effective tariff.

(a) The effective tariff of a natural
gas company is the tariff filed pursuant
to the requirements of this part, and
permitted by the Commission to become effective. A natural gas company
must not directly or indirectly, demand, charge, or collect any rate or
charge for, or in connection with, the
transportation or sale of natural gas
subject to the jurisdiction of the Commission, or impose any classifications,
practices, rules, or regulations, different from those prescribed in its effective tariff and executed service
agreements on file with the Commission, unless otherwise specifically permitted by order of the Commission.
(b) No tariff provision may purport to
change an effective rate or charge except in the manner provided in section
4 of the Natural Gas Act, and the regulations in this part. The tariff may not
provide for any rate or charge to be
automatically changed by an index or
other periodic adjustment, without filing for a rate change pursuant to these
regulations.
§ 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, and
motions relating to suspension.
(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,

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§ 154.5

18 CFR Ch. I (4–1–12 Edition)

(iii) A representative qualified to
practice before the Commission under
§ 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 § 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 Reference Room, 888
First Street, NE., Washington, DC
20426.
[Order 714, 73 FR 57533, Oct. 3, 2008]

§ 154.5 Rejection of filings.
A filing that fails to comply with
this part may be rejected by the Director of the Office of Energy Market Regulation pursuant to the authority delegated to the Director in Part 375 of this
chapter.
[Order 582, 60 FR 52996, Oct. 11, 1995, as
amended by Order 699, 72 FR 45325, Aug. 14,
2007; Order 701, 72 FR 61054, Oct. 29, 2007;
Order 714, 73 FR 57534, Oct. 3, 2008]

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§ 154.6 Acceptance for filing not approval.
The acceptance for filing of any tariff, contract or part thereof does not
constitute approval by the Commission. Any filing which does not comply
with any applicable statute, rule, or
order, may be rejected.
§ 154.7 General requirements for the
submission of a tariff filing or executed service agreement.
The following must be included with
the filing of any tariff, executed service agreement, or part thereof, or
change thereto.
(a) A letter of transmittal containing:
(1) A list of the material enclosed,
(2) The name of a responsible company official to whom questions regarding the filing may be addressed,
with a telephone number at which the
official may be reached,

(3) The date on which such filing is
proposed to become effective,
(4) Reference to the authority under
which the filing is made, including the
specific section of a statute, subpart of
these regulations, order of the Commission, provision of the company’s tariff,
or any other appropriate authority. If
an order is referenced, the letter must
include the citation to the FERC Reports, the date of issuance, and the
lead docket number of the proceeding
in which the order was issued.
(5) A list of the tariff sheets or sections enclosed,
(6) A statement of the nature, the
reasons, and the basis for the filing.
The statement must include a summary of the changes or additions made
to the tariff or executed service agreement, as appropriate. The statement
must include a quantified summary
comparing the cost of service, rate base
and
throughput
underlying
each
change in rate made to the tariff or executed service agreement compared to
the same information underlying the
last rate found by the Commission to
be just and reasonable. A detailed explanation of the need for each change
or addition to the tariff or executed
service agreement must be included.
The natural gas company also must
note all relevant precedents relied
upon to prepare its filing.
(7) Any requests for waiver. A request
for waiver must include a reference to
the specific section of the statute, regulations, or the company’s tariff from
which waiver is sought, and a justification for the waiver.
(8) Where the natural gas company
proposes a new rate, identification of
the last rate, found by the Commission
to be just and reasonable, that
underlies the proposed rate.
(9) A motion, in case of minimal suspension, to place the proposed rates
into effect at the end of the suspension
period; or, a specific statement that
the pipeline reserves its right to file a
later motion to place the proposed
rates into effect at the end of the suspension period.

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