18 C.F.R. § 2.17 Price Discrimination and Anticompetitive Effect (Price Squeeze Issue)
Library | Code of Federal Regulations |
Edition | 2023 |
Currency | Current through October 31, 2023 |
To implement compliance with the Supreme Court decision in
(a) Any wholesale customer, state commission or other interested person may file petitions to intervene alleging price discrimination and anticompetitive effects of the wholesale rates. In order to have the issue of price discrimination considered in the rate proceeding, the intervening customer or other interested person must support its allegation by a prima facie case. The elements of the prima facie case shall include at a minimum:
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(1) Specification of the filing
utility's retail rate schedules with which the intervening wholesale customer
is unable to compete due to purchased power costs;
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(2) A showing that a competitive situation
exists in that the wholesale customer competes in the same market as the filing
utility;
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(3) A showing that the
retail rates are lower than the proposed wholesale rates for comparable
service;
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(4) The wholesale
customer's prospective rate for comparable retail service, i.e. the rate
necessary to recover bulk power costs (at the proposed wholesale rate) and
distribution costs;
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(5) An
indication of the reduction in the wholesale rate necessary to eliminate the
price squeeze alleged.
(b) Where price squeeze is alleged, the Commission shall, in the order granting intervention, direct the Administrative Law Judge to convene a prehearing conference within 15 days from the date of the order for the purpose of hearing intervenors' request for data required to present their case, including prima facie showing, on price squeeze issues.
(c) Within 30 days from the date of the conference the filing utility shall respond to the data requests authorized by the Administrative Law Judge.
(d) Within 30 days from the filing utility's...
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