PART 381—FEES Authority: 15 U.S.C. 717-717w; 16 U.S.C. 791-828c, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85. Source: Order 360, 49 FR 5081, Feb. 10, 1984, unless otherwise noted. Subpart A—General Provisions § 381.101 Purpose. The purpose of this part is to set forth the fees charged by the Commission for services and benefits provided by the Commission. § 381.102 Definitions. For purposes of this part, the following definitions apply. (a) Person (b) Work year cost (c) Work-month (d) Filing § 381.103 Filings. (a) Submittal of fees. (b) Deficiencies. (2) The Secretary will inform any person submitting a deficient filing that: (i) Such filing will be rejected unless the appropriate fee is submitted within a time specified by the Secretary; (ii) The Commission will not process any filing that is deficient under this paragraph; and (iii) The date of filing is the date on which the Commission receives the appropriate fee. (3) This provision does not preclude a determination that a filing is deficient for any other reason. (c) Choice of two or more fees. [Order 360, 49 FR 5081, Feb. 10, 1984, as amended by Order 394, 49 FR 35365, Sept. 7, 1984] § 381.104 Annual adjustment of fees. (a) Update and publication. Federal Register. (b) Payment of updated fees. (c) Formula. (2) With respect to the fees charged to pipelines filing pursuant to § 381.207(a), the fee for the first year will be $1,000. The formula for the fee in future years will be the work months from the immediately prior year divided by the number of actual completions in that year multiplied by the average monthly employee cost in the most recent fiscal year for which data are available. With the addition of future years, the formula for § 381.207(a) fees will be updated to include that year as part of the base period. (d) Effective date of fee. Federal Register Federal Register [Order 360, 49 FR 5081, Feb. 10, 1984, as amended by Order 494, 53 FR 15382, Apr. 29, 1988; Order 521, 55 FR 12171, Apr. 2, 1990; 58 FR 2975, Jan. 7, 1993] § 381.105 Method of payment. Fee payment shall be made by check or money order payable to the Treasurer of the United States. The check should state the nature of the filing and the docket number where applicable so that the fee category for which the check is being submitted is clearly identifiable. § 381.106 Waivers. (a) Filing of petition. (b) Decision on petition. [Order 360, 49 FR 5081, Feb. 10, 1984, as amended by Order 395, 49 FR 35356, Sept. 7, 1984] § 381.107 Direct billing. (a) Applicability. (b) Procedures. (2) Any fee submitted with the filing will be applied, as a credit, to the amount billed directly for processing costs. The Secretary will thereafter periodically bill the person who submitted the filing for the actual direct and indirect costs of processing the filing. (3) If the Commission institutes a direct billing for the costs of a hearing and reduces the fee to the applicant to less than full cost recovery due to the presence of intervenors, the Commission will consider, on a case-by-case basis, direct billing the intervenors for all or part of the reduced portion. [Order 360, 49 FR 5081, Feb. 10, 1984, as amended by Order 433, 50 FR 40346, Oct. 3, 1985; 58 FR 2975, Jan. 7, 1993] § 381.108 Exemptions. (a) Filing of petition. (b) Decision on petition. [Order 395, 49 FR 35356, Sept. 7, 1984] § 381.109 Refunds. Fees established under this part may be refunded only if the related filing is withdrawn within fifteen (15) days of the date of filing or, if applicable, before the filing is noticed in the Federal Register [Order 433, 50 FR 40346, Oct. 3, 1985, as amended by Order 433-A, 51 FR 43607, Dec. 3, 1986] § 381.110 Fees for substantial amendments. Fees established under this part for any filing will also be charged, as appropriate, for any substantial amendment to a pending filing. An amendment is considered substantial if it changes the character, nature, or the magnitude of the proposed activity or rate in the pending filing. For purposes of this section, an application for a temporary certificate is not considered to be an amendment to a pending certificate application. [Order 433-A, 51 FR 43607, Dec. 3, 1986] Subpart B—Fees Applicable to the Natural Gas Act and Related Authorities § 381.207 Pipeline certificate applications. (a) Definition. (b) Fee. (c) Effective date. [Order 433, 50 FR 40346, Oct. 3, 1985, as amended by Order 433-A, 51 FR 43607, Dec. 3, 1986; 52 FR 10367, Apr. 1, 1987; 53 FR 15384, Apr. 29, 1988; 54 FR 12901, Mar. 29, 1989; 55 FR 13901, Apr. 13, 1990; 56 FR 15497, Apr. 17, 1991; 58 FR 2975, Jan. 7, 1993] Subpart C—Fees Applicable to General Activities § 381.302 Petition for issuance of a declaratory order (except under Part I of the Federal Power Act). (a) Except as provided in paragraph (b) of this section, the fee established for filing a petition for issuance of a declaratory order under § 385.207 of this chapter is $42,060. The fee must be submitted in accordance with subpart A of this part. (b) No fee is necessary to file a petition for issuance of a declaratory order that solely concerns the investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, reservoirs, powerhouses, transmission lines, or other works for the development and improvement of navigation and for the development and utilization of power across, along, from, or in navigable waters under Part I of the Federal Power Act. (c) A person claiming the exemption provided in paragraph (b) of this section must file an original and two copies of a petition for exemption in lieu of a fee along with its petition for issuance of a declaratory order. The petition for exemption should summarize the issues raised in the petition for issuance of a declaratory order and explain why the exemption is applicable. The Commission or its designee will analyze each petition to determine whether the petition has met the standards for exemption and will notify the applicant whether it is granted or denied. If the petition is denied, the petitioner will have thirty days from the date of notification of the denial to submit the appropriate fee to the Commission. [Order 395, 49 FR 35356, Sept. 7, 1984] Editorial Note: For Federal Register www.govinfo.gov. § 381.303 Review of a Department of Energy remedial order. (a) Except as provided in § 381.303(b), the fee established for an answer to a Department of Energy remedial order under subpart I of the Commission's Rules of Practice and Procedure, 18 CFR part 385, subpart I (1983), is $61,390. The fee must be submitted in accordance with subpart A of this part. (b) If the amount in controversy is below $30,000, then the fee to file a petition for review of a DOE remedial order is reduced as follows: Fee Amount in controversy: $0 to $9,999 $100 $10,000 to $29,999 600 (c) In order to qualify for the fees in paragraph (b) of this section, the check must be accompanied by an affidavit by the petitioner that states the amount in controversy. [Order 395, 49 FR 35356, Sept. 7, 1984] Editorial Note: For Federal Register www.govinfo.gov. § 381.304 Review of Department of Energy denial of adjustment. (a) Except as provided in § 381.304(b), the fee established for filing a petition for review of a Department of Energy denial of an adjustment request under subpart J of the Commission's Rules of Practice and Procedure, 18 CFR part 385, subpart J (1983), is $32,190. The fee must be submitted in accordance with subpart A of this part. (b) If the amount in controversy is below $30,000, then the fee to file a petition for review of a DOE denial of an adjustment is reduced as follows: Fee Amount in controversy: $0 to $9,999 $100 $10,000 to $29,999 600 (c) In order to qualify for the fees in paragraph (b) of this section, the check must be accompanied by an affidavit by the petitioner that states the amount in controversy. [Order 395, 49 FR 35356, Sept. 7, 1984] Editorial Note: For Federal Register www.govinfo.gov. § 381.305 Interpretations by the Office of the General Counsel. (a) Except as provided in paragraph (b) of this section, the fee established for a written interpretation by the Office of the General Counsel of any statute or implementing regulation under the jurisdiction of the Commission is $12,060. The fee must be submitted in accordance with subpart A of this part and § 385.1901 or § 388.104 of this chapter. (b) No fee is necessary to file a request for a written interpretation by the Office of the General Counsel that solely concerns matters under Part I of the Federal Power Act. (c) A person claiming the exemption provided in paragraph (b) of this section must file an original and two copies of a petition for exemption in lieu of a fee along with the request for a written interpretation. The petition for exemption should summarize the issues raised in the request for a legal opinion and explain why the exemption is applicable. The Commission or its designee will analyze each petition to determine whether the petition has met the standards for exemption and will notify the applicant whether it is granted or denied. If the petition is denied, the applicant will have 30 days from the date of notification of the denial to submit the appropriate fee to the Commission. [Order 494, 53 FR 15382, Apr. 29, 1988] Editorial Note: For Federal Register www.govinfo.gov. Subpart D—Fees Applicable to the Natural Gas Policy Act of 1978 § 381.401 Review of jurisdictional agency determinations. The fee established for review of a jurisdictional agency determination is $115. The fee must be submitted in accordance with subpart A of this part and § 270.301(c) of this chapter. [Order 616, 65 FR 45872, July 26, 2000] § 381.403 Petitions for rate approval pursuant to § 284.123(b)(2). The fee established for a petition for rate approval pursuant to § 284.123(b)(2) is $20,930. Such fee must be submitted in accordance with subpart A of this part and § 284.123(b)(2). [Order 394, 49 FR 35365, Sept. 7, 1984] Editorial Note: For Federal Register www.govinfo.gov. § 381.404 [Reserved] Subpart E—Fees Applicable to Certain Matters Under Parts II and III of the Federal Power Act and the Public Utility Regulatory Policies Act § 381.501 Applicability. The fees set forth in this subpart apply to filings submitted on or after November 4, 1985. [Order 435, 50 FR 40358, Oct. 3, 1985] § 381.505 Certification of qualifying status as a small power production facility or cogeneration facility. (a) Unless the Commission orders direct billing under § 381.107 of this chapter or otherwise, the fee established for an application for Commission certification as a qualifying small power production facility, as defined in section 3(17) of the Federal Power Act, is $39,810 and the fee established for an application for Commission certification as a qualifying cogeneration facility, as defined in section 3(18) of the Federal Power Act, is $40,940. (b) The fee filed under this section must be submitted in accordance with subpart A of this part and § 292.207(b)(2) of this chapter. [Order 494, 53 FR 15382, Apr. 29, 1988] Editorial Note: For Federal Register www.govinfo.gov. Subpart F [Reserved] Subpart G—Fees Applicable to the Interstate Commerce Act and Related Authorities [Reserved]