An NGA gas pipeline recently submitted a type 570 {Normal} eTariff filing and associated it with a prior filing. The company had been hoping to receive a sub-docket, but the 570 submittal was assigned a new root docket number by FERC’s auto-docketing software. We think this filing scenario raises an important question: Under what circumstances is an eTariff filing assigned a new root docket number and under what circumstances is it assigned a sub-docket? In this article, we will describe our understanding of the rules.
A Normal, New, or Cancel type filing is always assigned a new root docket number. This is true even if the filing is associated with an earlier eTariff filing. The type 570 filing described above falls into this category.
A Compliance or Refiled type filing is assigned a new root docket number when it is not associated with earlier eTariff filing. However, when such a filing is associated with an earlier eTariff filing, it is assigned the next available sub-docket number.
An Amendment, Motion, or Withdraw type filing MUST be associated with an earlier eTariff filing and is assigned the next available sub-docket number.
A Report type filing may or may not be associated with an earlier eTariff filing. When associated, it is assigned the next available sub-docket number … and when it isn’t, it is assigned a new root docket number.