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SCEG OATT Formula Transmission Rate Filing.pdf - SCANA ...

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20091231-0037 FERC PDF (Unofficia1) 12/29/2009<br />

South Carolina Electric & Gas Company<br />

or its designated agent<br />

FERC Electric Tariff<br />

Fourth Revised Volume No.5<br />

Revised Open Access <strong>Transmission</strong> Tariff<br />

Original Sheet No. 2l4-AA<br />

Section 4<br />

Resolution of Challenges<br />

a) If SCE&G and an interested party have not resolved a Preliminary Challenge to an<br />

Annual Update within 21 days after the Review Period, the interested party shall have an<br />

additional 21 days (unless such period is extended with the written consent of SCE&G to<br />

continue efforts to resolve the Preliminary Challenge) to make a Formal Challenge with<br />

the FERC, pursuant to 18 C.F.R. § 385.206, which shall be served on SCE&G by<br />

electronic service on the date of such filing. However, there shall be no need to make a<br />

Formal Challenge or to await conclusion of the time periods in Section 3 and 4 if the<br />

FERC already has initiated a proceeding to consider the Annual Update. A party's<br />

Formal Challenge may not raise any issue that was not the subject of that party's<br />

Preliminary Challenge during the applicable Review Period.<br />

b) Any response by SCE&G to a Formal Challenge must be submitted to the FERC<br />

within 30 days of the date of the filing of the Formal Challenge, and shall be served on<br />

the filing party(ies) by electronic service on the date of such filing.<br />

c) Except as provided in section 3.e, in any proceeding initiated by the FERC<br />

concerning the Annual Update or in response to Formal Challenge, SCE&G shall bear the<br />

burden of proving that it has reasonably applied the terms of the <strong>Formula</strong>, and the<br />

applicable procedures in these Protocols, for that year's Annual Update.<br />

d) Except as specifically provided herein, nothing herein shall be deemed to limit in<br />

any way (i) the right of SCE&G to file unilaterally, pursuant to FPA section 205 and the<br />

regulations thereunder, to change the <strong>Formula</strong> or any of its inputs (including, but not<br />

limited to, rate of return on common equity and transmission incentive rate treatment) or<br />

to replace the <strong>Formula</strong> with a stated rate, or (ii) the right of any other party to request<br />

changes to the <strong>Formula</strong> pursuant to FPA section 206 and the regulations thereunder.<br />

e) Subject to section 3.e above, it is recognized that resolution of Formal Challenges<br />

concerning Material Accounting Changes may necessitate adjustments to the <strong>Formula</strong><br />

input data for the applicable Annual Update or changes to the <strong>Formula</strong> to achieve a just<br />

and reasonable end result consistent with the intent of the <strong>Formula</strong>.<br />

Section 5 Changes Pursuant to Annual Update Process<br />

Any changes to the data inputs, including but not limited to revisions to SCE&G's FERC<br />

Form No. I, or as the result of any FERC proceeding to consider the Annual Update, or<br />

Issued by: Charles A. White<br />

Vice President - Electric <strong>Transmission</strong><br />

Issued on: December 29, 2009<br />

Effective: March 1, 2010

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