---
kind: "section"
citation: "18 C.F.R. § 358.5"
title: "18"
number: "358.5"
heading: "Independent functioning rule."
url: "https://uscodex.org/cfr/18/358.5"
---

# §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.

## Notes

### Authority

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.

### Source

Source: 73 FR 63829, Oct. 27, 2008, unless otherwise noted.