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8 903.17 Revised proposed rates.

During or after the consultation and comment period and review of the oral and written comments on the Proposed Rates, the Administrator may develop Revised Proposed Rates upon which, in the Administrator's judgment, further public comment should be invited. In such a case, the Administrator shall afford interested persons at least 30 days to submit further written comments to the PMA regarding the Revised Proposed Rates and may convene one or more additional public information and/or public comment forums. The Administrator shall give Notice of any such additional forums and opportunity to submit written comments.

basis by the FERC under $ 903.22(b), (2) the rates last previously confirmed and approved on a final basis become effective under $ 903.22(d), (3) higher Substitute Rates are confirmed and approved and placed in effect by the FERC under $ 903.22(e), (4) lower Substitute Rates are confirmed and approved on a final basis by the FERC under $ 903.22(f), or (5) they are superseded by other Provisional Rates placed in effect by the Assistant Secretary, whichever occurs first.

8 903.21 Provisional rates.

(a) Following completion of the consultation and comment period and review of any oral and written comments on the Proposed Rates, or Revised Proposed Rates, the Administrator shall develop rates which, in the Assistant Secretary's judgment, should be confirmed, approved, and placed in effect on an interim basis. A statement shall be prepared and made available to the public of the principal factors on which the Assistant Secretary's decision was based. It shall include an explanation responding to the major comments, criticisms, and alternatives offered during the comment period.

(b) The Assistant Secretary shall set the effective date for the rates he or she has confirmed and approved on an interim basis (Provisional Rates). The effective date shall be at least 30 days after the Assistant Secretary's decision, except that the effective date may be sooner when appropriate to meet a contract deadline, to avoid financial difficulties, to provide a rate for a new service, or to make a minor rate adjustment.

(c) The effective date of the Provisional Rates for the purpose of billing may be adjusted by the Administrator to coincide with the beginning of the next billing period following the date set by the Assistant Secretary.

(d) The Provisional Rates shall remain in effect until: (1) They are confirmed and approved on a final

8 903.22 Final rate approval.

(a) Following confirmation and approval of rates on an interim basis, the Provisional Rates shall be submitted promptly to the FERC for confirmation and approval on a final basis, together with such supporting data, studies and documents as the FERC may require, transcripts of forums, written answers to questions, written comments, and the statement of principal factors leading to the Assistant Secretary's decision. A listing of current customers and other participants in the rate proceeding also shall be furnished.

(b) If the FERC confirms and approves Provisional Rates on

a final basis, such confirmation and approval shall be effective as of the date such rates were placed in effect by the Assistant Secretary.

(c) In the event Provisional Rates or Substitute Rates are disapproved by the FERC, the Assistan Secretary shall develop, acting by and through the Administrator, and submit to the FERC Substitute Rates which take into consideration the reasons given by the FERC for its disapproval. A statement explaining the Assistant Secretary's decision shall accompany the submission. Prior to such submission, the Assistant Secretary and the Administrator may develop Proposed Substitute Rates on which, in the Administrator's judgment, further public comment should be invited, in which case the Administrator shall afford interested persons at least 30 days to submit written comments to the PMA and may convene one or more additional public information and/or public comment forums. The Adminisamount of the interest on the refund will be determined by the FERC.

(g) A rate confirmed and approved by the FERC on a final basis shall remain in effect for such period or periods as the FERC may provide or until the Assistant Secretary places a new Provisional Rate into effect: Provided, That the Assistant Secretary may extend the rate on an interim basis beyond the period specified by the FERC as provided in $ 903.23.

trator shall give Notice of any such additional forums and opportunity to submit written comments.

(d) A Provisional Rate that is disapproved by the FERC shall remain in effect, until one of the events described in $ 903.21(d)(3), (4) or (5) occurs; Provided, That if the Assistant Secretary does not file a Substitute Rate within 120 days of the disapproval or such greater time as the FERC may provide, and if the rate has been disapproved because the FERC determined that it would result in total rev. enues in excess of those required by law, the rate last previously confirmed and approved on a final basis will become effective on a date and for a period determined by the FERC and revenues collected in excess of such rate during the interim period will be refunded with interest to the extent determined by the FERC.

(e) If a Substitute Rate confirmed and approved on a final basis by the FERC is higher than the rate in effect on an interim basis, such higher rate shall become effective on a subsequent date set by the FERC.

(f) In the case where a Substitute Rate confirmed and approved by the FERC on a final basis is lower than the rate in effect on an interim basis, such lower rate shall become effective as of the date the higher rate was placed in effect on an interim basis by the Assistant Secretary, and the amount of the refund will be the overpayment on all transactions, that is, the difference between the amount paid for the transaction and the amount that would have been paid under the Substitute Rate, unless the FERC determines that there will be no refund because the administrative cost of a refund would exceed the amount to be refunded. In the case covered by the proviso in subsection (d) the amount of the refund is determined by the FERC. In both cases, the

8 903.23 Rate extensions.

(a) The following regulations shall apply to the extension of rates which were previously confirmed and approved by the FERC, the Federal Power Commission or the Administrator of the Economic Regulatory Administration, or established by the Secretary of the Interior:

(1) The Administrator shall give Notice of the proposed extension at least 30 days before the expiration of the prior confirmation and approval, except that such period may be shortened for good cause shown.

(2) the Administrator shall allow for consultation and comment, as provided in g 903.14, for such period as he or she may provide. One or more public information and comment forum(s) may be held, as provided in $$ 903.15 and 903.16, at such time(s) and location(s) and with such advance notice as the Administrator may provide.

(3) Following the conclusion of the consultation and comment period, the Assistant Secretary may extend the rates on an interim basis. Such extension shall be governed by $ $ 903.21(d) and 903.22.

(b) Provisional Rates may be extended by the Assistant Secretary without advance notice or comment. The Assistant Secretary shall publish notice in the FEDERAL REGISTER of such extension and shall promptly advise the FERC of the extension.

CHAPTER X-DEPARTMENT OF ENERGY

(GENERAL PROVISIONS)

Part 1000

1001

1002 1004 1008 1009

Page
Transfer of proceedings to the Secretary of

Energy and the Federal Energy Regulatory
Commission .............

500 Separation of regulatory and enforcement func

tions within the Economic Regulatory Adminis-
tration ...

503 Official seal and distinguishing flag

505 Freedom of information ........

508 Records maintained on individuals (Privacy Act)... 518 General policy for pricing and charging for materials and services sold by DOE...

534 Conduct of employees............

536 Administrative claims under Federal Tort Claims Act.........

558 Compliance with the National Environmental Policy Act

562 Compliance with floodplain/wetlands environmental review requirements......

563 Contract Appeals ..........

569 Procedures for financial assistance appeals

577 Nondiscrimination in federally assisted programs.. 581 Foreign gifts and decorations...

617

1010 1014

1021

1022

1023 1024 1040 1050

PART 1000— TRANSFER OF PROCEED-
INGS
TO

THE SECRETARY OF ENERGY AND THE FEDERAL ENERGY REGULATORY COMMISSION

(7) All applications for modification or rescission of any DOE order or interpretation which have been filed purusant to 10 CFR Part 205, Subpart J, and on which no order has been issued prior to October 1, 1977, with the Office of Exceptions and Appeals of the Federal Energy Administation;

Note: For a document relating to procedures for natural gas import and export proceedings see 42 FR 61856, Dec. 7, 1977.

(8) All applications for temporary stays and stays which have been filed pursuant to 10 CFR Part 205, Subpart I, and on which no order has been issued, with the Office of Exceptions and Appeals of the Department of Energy;

(9) All applications which have been filed with the Office of Regulatory Programs of the Department of Energy and on which no final order has been issued;

(10) All investigations which have been instituted and have not been resolved by the Office of Compliance of the Department of Energy;

(11) All Notices of Probable Violation which have been issued prior to October 1, 1977, by the Office of Compliance of Department of Energy;

(12) All Notices of Proposed Disallowance which have been issued prior to October 1, 1977, by the Office of Compliance of Department of Energy;

(13) All Prohibition Orders which have been issued pursuant to 10 CFR Part 303 and to which no Notice of Effectiveness has been issued;

(14) From the Department of the Interior:

(i) The tentative power rate adjustments for the Central Valley Project, California, proposed on September 12, 1977 (42 FR 46619, September 16, 1977).

(15) From the Interstate Commerce Commission:

(i) Ex Parte No. 308 (Sub-No. 1)-Investigation of Common Carrier Pipelines.

(16) From the Federal Power Commission:

(i) Cases:

(A) Northwest Pipeline Corporation, Docket No. CP75-340.

(B) Midwestern Gas Transmission Co., Docket No. CP77-458, et al.

8 1000.1 Transfer of proceedings.

(a) Scope. This part establishes the transfer of proceedings pending with regard to those functions of various agencies which have been consolidated in the Department of Energy and identifies those proceedings which are transferred into the jurisdiction of the Secretary and those which are transferred into the jurisdiction of the Federal Energy Regulatory Commission.

(b) Proceedings transferred to the Secretary. The following proceedings are transferred to the Secretary:

(1) All Notices of Proposed Rulemaking, pending and outstanding, which have been proposed by the Department of Energy and the Department of Energy;

(2) All Notices of Inquiry which have been issued by the Department of Energy;

(3) All Requests for Interpretations which have been filed pursuant to 10 CFR Part 205, Subpart F, and on which interpretation has been issued, with the Office of General Counsel of the Department of Energy;

(4) All Applications for Exception Relief which have been filed pursuant to 10 CFR Part 205, Subpart D, and on which no final decision and order has been issued, with the Office of Exceptions and Appeals of the Department of Energy;

(5) All petitions for special redress, relief or other extraordinary assistance which have been filed pursuant to 10 CFR Part 205, Subpart R, and on which no order has been issued, with the Office of Private Grievances and Redress of the Department of Energy;

(6) All appeals from Remedial Orders, Exception Decisions and Orders, Interpretations issued by the Office of General Counsel, and other agency orders which have been filed pursuant to 10 CFR Part 205, Subpart H, and on which no order has been issued prior to October 1, 1977, with the Office of Exceptions and Appeals of the Department of Energy;

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