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<br />Section 903.21 - Completion of Rate Development; Provisional Rates <br /> <br />(a) Following completion of the consultation and comment period and <br />review of any oral and written comments on the Proposed Rates, the <br />Administrator may: (1) Withdraw the proposal; (2) develop rates which in the <br />Administrator's and the Deputy Secretary's judgment should be confirmed, <br />approved, and placed into effect on an interim basis (Provisional Rates); or <br />(3) develop rates which in the Administrator's judgment should be confirmed, <br />approved, and placed into effect by the FERC on a final basis without being <br />placed into effect on an interim basis. A statement shall be prepared and made <br />available to the public setting forth the principal factors on which the Deputy <br />. Secretary's or the Administrator's decision was based. The statement shall <br />include an explanation responding to the major comments, criticisms, and <br />alternatives offered during the comment period. The Admini~trator shall <br />certify that the rates are consistent with applicable law and that they are the <br />lowest possible rates to customers consistent with sound business principles. <br />The rates shall be submitted promptly to the FERC for confirmation and approval <br />on a final basis. <br /> <br />(b) The Deputy Secretary shall set the effective date for the <br />Provisional Rates. The effective date shall be at least 30 days after the <br />Deputy Secretary's decision except that the effective date may be sooner when <br />appropriate to meet a contract deadline, to avoid financial difficulties, to <br />provide a rate for a new service, or to make a minor rate adjustment. <br /> <br />(c) The effective date may be adjusted by the Administrator to <br />coincide with the beginning of the next billing period following the effective <br />date set by the Deputy Secretary for the Provisional Rates. <br /> <br />(d) Provisional Rates shall remain in effect on an interim basis <br />until: (1) They are confirmed and approved on a final basis by the FERC, (2) <br />they are disapproved and the rates last previously confirmed and approved on a <br />final basis become effective, (3) they are disapproved and higher Substitute <br />Rates are confirmed and approved on a final basis and placed in effect by the <br />FERC; (4) they are disapproved and lower Substitute Rates are confirmed and <br />approved on a final basis by the FERC, or (5) they are superseded by other <br />Provisional Rates placed in effect by the Deputy Secretary, whichever occurs <br />first. <br /> <br />Section 903.22 - Final Rate Approval <br /> <br />(a) Any rate submitted to the FERC for confirmation and approval on a <br />final basis shall be accompanied with such supporting data, studies, and <br />documents as the FERC may require, and also with the transcripts of forums, <br />written answers to questions, written comments the Administrator's <br />certification, and then statement of principal factors leading to the <br />decision. The FERC shall also be furnished a listing of those customers and <br />other participants in the rate proceeding who have requested they be informed <br />of FERC action concerning the rates. <br /> <br />(b) If the FERC confirms and approves Provisional Rates on a final <br />basis, such confirmation and approval shall be effective as of the date such <br />rates were placed in effect by the Deputy Secretary, as such date may have been <br />adjusted by the Administrator. If the FERC confirms and approves on a final <br /> <br />12 <br />