Sample Tariff

(Hover over italicized words to view suggested tips)

Staff notes, while these examples may apply to most entities, they may not cover all situations.

Market-Based Rate Tariff

1. Availability: 
   SellerPlease do not include the company name in the tariff title registration or anywhere within the tariff. Instead, for a market-based rate tariff, use a generic market-based rate tariff title (e.g., Market-Based Rate Tariff), and seller rather than using the name of the company in the body of the tariff. This approach avoids the need to resubmit a baseline tariff in the future should the seller change its company name.
    makes electric energy and capacity available under this Tariff to any purchaser for resale. Seller also makes available to any purchaser the 
   ancillaryPlease include the complete description of ancillary services for any markets you plan to make such sales.
    services listed below: 
   • Ancillary Services
     • MISO: Seller offers regulation service and operating reserve service (which include 10-minute spinning reserve and 10-minute supplemental reserve) for sale to the Midcontinent Independent System Operator, Inc. (MISO) and to others that are self-supplying ancillary services to MISO.
     • PJM: Seller offers regulation and frequency response service, energy imbalance service, and operating reserve service (which includes spinning, 10-minute, and 30-minute reserves) for sale into the market administered by PJM Interconnection, L.L.C. (PJM) and, where the PJM Open Access Transmission Tariff permits, the self-supply of these services to purchasers for a bilateral sale that is used to satisfy the ancillary services requirements of the PJM Office of Interconnection.
     • NYISO: Seller offers regulation and frequency response service, and operating reserve service (which include 10-minute non-synchronous, 30-minute operating reserves, 10-minute spinning reserves, and 10-minute non-spinning reserves) for sale to purchasers in the market administered by the New York Independent System, Operator, Inc.
     • ISO-NE: Seller offers regulation and frequency response service (automatic generator control), operating reserve service (which includes 10-minute spinning reserve, 10-minute non-spinning reserve, and 30-minute operating reserve service) to purchasers within the markets administered by the ISO New England, Inc.
     • CAISO: Seller offers regulation service, spinning reserve service, and non-spinning reserve service to the California Independent System Operator Corporation (CAISO) and to others that are self-supplying ancillary services to the CAISO.
     • SPP: Seller offers regulation service and operating reserve service (which include 10-minute spinning reserve and 10-minute supplemental reserve) for sale to the Southwest Power Pool, Inc. (SPP) and to others that are self-supplying ancillary services to SPP.
     • Third-party ancillary services:If a seller seeks authority to make third-party sales of operating reserves to a public utility that is purchasing ancillary services to satisfy its own open access transmission tariff requirements to offer ancillary services to its own customers, it must make the required showing and receive Commission authorization prior to making such sales(Order No. 784, 144 FERC ¶ 61,056, at PP 200-202, order on clarification, Order No. 784-A, 146 FERC ¶ 61,114).
       Seller offers Regulation Service, Reactive Supply and Voltage Control Service, Energy and Generator Imbalance Service, Operating Reserve-Spinning, Operating Reserve Supplemental, and Primary Frequency Response Service. Sales will not include the following: (1) sales to an RTO or an ISO, i.e., where that entity has no ability to self-supply ancillary services but instead depends on third parties; and (2) sales to a traditional, franchised public utility affiliated with the third-party supplier, or sales where the underlying transmission service is on the system of the public utility affiliated with the third-party supplier. Sales of Operating Reserve-Spinning and Operating Reserve-Supplemental will not include sales to a public utility that is purchasing ancillary services to satisfy its own open access transmission tariff requirements to offer ancillary services to its own customers, except where the Commission has granted authorization. Sales of Regulation Service and Reactive Supply and Voltage Control Service will not include sales to a public utility that is purchasing ancillary services to satisfy its own open access transmission tariff requirements to offer ancillary services to its own customers, except at rates not to exceed the buying public utility transmission provider’s OATT rate for the same service or where the Commission has granted authorization.
2. Applicability: This Tariff is applicable to all sales of energy, capacity, and ancillary services by Seller, which are (a) subject to the jurisdiction of the Commission, and (b) not made pursuant to another tariff on file with the Commission.
3. Rates: All sales shall be made at rates established by agreement between the purchaser and the Seller.
4. Other Terms and Conditions: All other terms and conditions shall be established by agreement between the purchaser and Seller.
5. Compliance with Commission Regulations:Sellers must include this section in their market-based rate tariff (Order No. 697, FERC Stats. & Regs. ¶ 31,252, at P 915)
   Seller shall comply with the provisions of 18 C.F.R. Part 35, Subpart H, as applicable, and with any conditions the Commission imposes in its orders concerning Seller’s market-based rate authority, including orders in which the Commission authorizes Seller to engage in affiliate sales under this Tariff or otherwise restricts or limits the Seller’s market-based rate authority. Failure to comply with the appliable provisions of 18 C.F.R. Part 35, Subpart H, and with any orders of the Commission concerning Seller’s market-based rate authority, will constitute a violation of this Tariff.
6. Limitations and Exemptions Regarding Market-Based Rate Authority:Sellers need to identify any and all limitations on their market-based rate authority (Order No. 697, FERC Stats. & Regs. ¶ 31,252, at P 916).
     Seller has received the following waivers and blanket authorization: (i) waiver of Part 41 of the Commission’s regulations regarding accounts, records, and memoranda; (ii) waiver of Part 101 of the Commission’s regulations regarding the Commission’s Uniform System of Accounts, with the exception of provisions thereof that apply to hydropower licensees with respect to licensed hydropower projects; (iii) Waiver of Part 141 of the Commissions regulations regarding statements and reports, except
   SectionThe Commission removed section 141.14 from its regulations effective March 28, 2019 (Elimination of Form 80 & Revision of Reguls. on Recreational Opportunities & Dev. at Licensed Hydropower Projects, 165 FERC ¶ 61,256, at P 32). So no need to include an exemption for section 141.14 in the tariff.
   141.15; (iv) Blanket approval under Part 34 for all future issuances of securities and assumptions of liability; and (v) Waiver of Subparts B and C of Part 35 of the Commission’s regulations, except Sections 35.12(a), 35.13(b), 35.15, and 35.16.
   Please insert any seller-specific mitigated language here and related citation(s) here.The following is an example of mitigated language: Seller shall not make wholesale sales of energy or capacity to, or purchases of energy or capacity from, (insert the specific market or balancing authority area) without first receiving advance approval by the Federal Energy Regulatory Commission pursuant to a separate filing under Section 205 of the Federal Power Act. At the end please add: Insert the citation to the order directing mitigation: [Insert company], XX FERC ¶ XX (Year).
   The Commission granted Seller Market-Based Rate Authority in 
   [Insert company name], ER25-____-000 (DATE) (delegated order).Sellers may only complete this information after the Commission has assigned a Docket Number to Sellers’ initial application. Therefore, Seller may include this citation the next time Seller makes a filing with the Commission. (Order No. 697, 119 FERC ¶ 61,295, at P 916.)
7. Seller Category: Seller is a 
   [insert Category 1 or Category 2] seller [insert specific regions or “in all regions”],Ensure that references to organized markets use the current names listed in the Commission’s sample market-based rate tariff (e.g., MISO is “Midcontinent Independent System Operator, Inc.” rather than “Midwest Independent System Operator”). Example - Seller is a Category 2 Seller in the Central region and a Category 1 Seller in the Northwest, Southwest, Southwest Power Pool, Inc., Northeast, and Southeast regions, as defined in 18 C.F.R. § 35.36(a). If the same for all, state: all regions. Example - Seller is a Category 2 Seller in all regions.
   as defined in 18 C.F.R. 35.36(a).
8. Effective Date: This Tariff is 
   effectiveTariff effective dates are requested in the transmittal letter of a Seller’s initial application or tariff revisions filing. A Seller must request waiver of the Commission’s 60-day prior notice requirement if the requested effective date is less than 61 days after filing the initial application. See 18 C.F.R. § 35.11.
   on and after the date on which the Commission permits it to become effective.