7 CFR 1717.305 : Agriculture (§ 1.1 To Parts 4291-4299) — (§ 1600.1 To Part 1757) — Regulations Of The Department Of Agriculture (Continued) (§ 1600.1 To Part 1757) — Rural Utilities Service, Department Of Agriculture (§ 1700.1 To Part 1757) — Post-Loan Policies And Procedures Common To Insured And Guaranteed Electric Loans (Subparts A-C To § 1717.1208) — Federal Pre-Emption In Rate Making In Connection With Power Supply Borrowers (§ 1717.300 To §§ 1717.310-1717.349) — Pre-emption.

(a) Inadequate rates. State regulatory authority jurisdiction over a power supply borrower's rates shall be pre-empted by the RE Act if the Administrator shall have determined that the borrower's rates approved by the state regulatory authority are, after taking into account the borrower's costs and expenses, inadequate to produce revenues sufficient to permit the borrower to make required payments on its secured loans and the borrower has failed to make required payments on its secured loans.

(b) Public notice. The Administrator shall:

(1) Notify the borrower and the state regulatory authority in writing of the determination, indicating the jurisdiction of the state regulatory authority over the rates of the borrower has been pre-empted pursuant to this part and the borrower shall henceforth establish its rates in accordance with the term of the RUS documents.

(2) publish a notice in the Federal Register informing the public of the action.