18 CFR § 358.5 - Independent functioning rule.

---
identifier: "/us/cfr/t18/s358.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "18 CFR § 358.5 - Independent functioning rule."
title_number: 18
title_name: "Conservation of Power and Water Resources"
section_number: "358.5"
section_name: "Independent functioning rule."
chapter_name: "FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY"
subchapter_number: "S"
subchapter_name: "STANDARDS OF CONDUCT FOR TRANSMISSION PROVIDERS"
part_number: "358"
part_name: "STANDARDS OF CONDUCT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352."
regulatory_source: "73 FR 63829, Oct. 27, 2008, unless otherwise noted."
cfr_part: "358"
---


# 358.5 Independent functioning rule.

(a) *General rule.* Except as permitted in this part or otherwise permitted by Commission order, a transmission provider's transmission function employees must function independently of its marketing function employees.

(b) *Separation of functions.* (1) A transmission provider is prohibited from permitting its marketing function employees to:

(i) Conduct transmission functions; or

(ii) Have access to the system control center or similar facilities used for transmission operations that differs in any way from the access available to other transmission customers.

(2) A transmission provider is prohibited from permitting its transmission function employees to conduct marketing functions.