[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59745-59747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24104]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 375
[Docket No. RM12-20-000; Order No. 766]
Delegation of Authority Regarding Electric Reliability
Organization's Budget, Delegation Agreement, and Policy and Procedure
Filings
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
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SUMMARY: The Commission is issuing this Final Rule to revise its
delegations of authority to align with an internal Commission
reorganization, which reassigned certain responsibilities for specific
Electric Reliability Organization (ERO) filings. In particular, this
Final Rule transfers delegated authority, from the Director of the
Commission's Office of Electric Reliability to the Director of the
Commission's Office of Energy Market Regulation, to act on ERO filings
pertaining to ERO annual budgets, ERO delegation agreements, and ERO
policies and procedures.
DATES: This rule is effective October 1, 2012.
FOR FURTHER INFORMATION CONTACT: Christine A. Powell, Office of the
General Counsel, Federal Energy Regulatory Commission, Room 104-04, 888
First Street NE., Washington, DC 20426, 202-502-6608.
SUPPLEMENTARY INFORMATION:
140 FERC ] 61,202
Before Commissioners: Jon Wellinghoff, Chairman; Philip D. Moeller,
John R. Norris, Cheryl A. LaFleur, and Tony T. Clark.
(Issued September 20, 2012)
I. Background
1. The Energy Policy Act of 2005 added section 215 to the Federal
Power Act (FPA), which requires a Commission-certified Electric
Reliability Organization (ERO) to develop mandatory and enforceable
Reliability Standards, subject to Commission review and approval.\1\
Under this section, the ERO must, among other things, ``allocate
equitably reasonable dues, fees, and other charges among end users for
all activities under this section,'' \2\ and the Commission also must
issue regulations authorizing the ERO to enter into an agreement to
delegate authority to a Regional Entity if the Regional Entity meets
certain conditions.\3\
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\1\ 16 U.S.C. 824o.
\2\ Id. 824o(c)(2)(B).
\3\ Id. 840o(e)(4).
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2. In Order No. 672, the Commission adopted regulations in
accordance with FPA sections 215(c)(2)(B) and 215(e)(4): 39.4, Funding
of the Electric Reliability Organization; 39.8, Delegation to a
Regional Entity; and 39.10, Changes to an Electric Reliability
Organization Rule or Regional Entity Rule.\4\
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\4\ Id.
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3. Section 39.4 of the Commission's regulations requires the ERO to
file with
[[Page 59746]]
the Commission its proposed annual budget for statutory and non-
statutory activities 130 days before the beginning of its fiscal
year.\5\ This filing must also contain the line item budgets of each
Regional Entity for statutory and non-statutory activities, and include
supporting materials, including the ERO's and each Regional Entity's
complete business plan and organization chart, and an explanation of
the proposed collection of all dues, fees and charges and the proposed
expenditure of funds collected.\6\ After notice and opportunity for
hearing, the Commission will issue an order accepting, rejecting,
remanding or modifying the ERO's proposed budget and business plan no
later than sixty days in advance of the beginning of the ERO's fiscal
year.\7\ If the ERO requires additional funding before or after the
fiscal budget review process, it may file with the Commission for
authority to collect a special assessment; it must demonstrate that the
request is pursuant to an unforeseen, extraordinary circumstance.\8\
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\5\ 18 CFR 39.4(b).
\6\ Id.
\7\ Id. 39.4(c).
\8\ Id. 39.4(d).
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4. Section 39.8 of the Commission's regulations requires the ERO to
submit to the Commission for Commission approval any proposal to
delegate the ERO's authority to a Regional Entity for the purpose of
proposing or enforcing Reliability Standards.\9\ Alternatively, if a
Regional Entity is unable to negotiate a delegation agreement with the
ERO within a reasonable amount of time, it may apply to the Commission
to assign to it the ERO's authority.\10\
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\9\ 18 CFR 39.8.
\10\ Id. 39.8(f).
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5. Section 39.10 of the Commission's regulations requires the ERO
to file with the Commission for Commission approval any proposed
organization rule or rule change, including any Regional Entity rule or
rule change.\11\
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\11\ Id. 39.10(b).
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II. Discussion
6. Due to an internal Commission reorganization, the Office of
Energy Market Regulation (OEMR) will be responsible to review ERO
filings made pursuant to sections 39.4, 39.8, and 39.10 of the
Commission's regulations. Accordingly, this Final Rule revises the
delegations to the Director of OEMR, contained in section 375.307, to
add authority to act pursuant to delegated authority on filings made
pursuant to the aforementioned sections; thus, it reassigns from the
Director of the Office of Electric Reliability (OER) to the Director of
OEMR the delegations authorizing OER to act pursuant to sections 39.4,
39.8, and 39.10.
7. New section 375.307(a)(2)(v) delegates to the Director of OEMR
the authority to take appropriate action on budget, business plan, and
special assessment filings made pursuant to section 39.4.
8. New section 375.307(a)(2)(vi) delegates to the Director of OEMR
the authority to take appropriate action on proposed ERO or Regional
Entity organization rules or rule changes made pursuant to section
39.10.
9. New section 375.307(a)(2)(vii) delegates to the Director of OEMR
the authority to take appropriate action on delegation agreement
filings by the ERO or a Regional Entity made pursuant to section 39.8.
10. This Final Rule also revises that portion of section
375.303(a)(2)(i) stating that OER has the authority to approve
revisions to ERO and Regional Entity rules or procedures, to reflect
the change in Commission organization.
III. Information Collection Statement
11. Office of Management and Budget (OMB) regulations require OMB
to approve certain information collection requirements imposed by
agency rule.\12\ This Final Rule contains no new or revised information
collections. Therefore, OMB review of this Final Rule is not required.
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\12\ 5 CFR 1320.
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IV. Environmental Analysis
12. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\13\
Excluded from this requirement are rules that are procedural,
ministerial, or internal administrative and management actions,
programs or decisions.\14\ This Rule falls within this exception;
consequently, no environmental consideration is necessary.
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\13\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. ] 30,783 (1987).
\14\ 18 CFR 380.4(a)(1).
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V. Regulatory Flexibility Act
13. The Regulatory Flexibility Act of 1980 (RFA) \15\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
This Final Rule concerns a matter of internal agency procedure and it
will not have such an impact. An analysis under the RFA is therefore
not required.
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\15\ 5 U.S.C. 601-612.
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VI. Document Availability
14. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
15. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document
(i.e., the sub docket number, 000) in the docket number field.
16. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from FERC Online Support at (202)
502-6652 (toll free at (866) 208-3676) or email at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional Notification
17. The provisions of 5 U.S.C. 801 regarding Congressional review
of Final Rules do not apply to this Final Rule because the rule
concerns internal agency procedure and practice and will not
substantially affect the rights of non-agency parties.
18. These regulations are effective on October 1, 2012. The
Commission finds that notice and public comments are unnecessary
because this Rule concerns only internal agency procedure and practice.
Therefore the Commission finds good cause to waive the notice period
otherwise required before the effective date of this Final Rule.
List of Subjects in 18 CFR Part 375
The Commission.
By the Commission.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the Commission amends Part 375,
Chapter I, Title 18, Code of Federal Regulations, as follows:
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PART 375--THE COMMISSION
0
1. The authority citation for part 375 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.
0
2. In Sec. 375.303, paragraph (a)(2)(i) is revised to read as follows:
Sec. 375.303 Delegations to the Director of the Office of Electric
Reliability.
* * * * *
(a) * * *
(2) * * *
(i) Approve uncontested applications.
* * * * *
0
3. Section 375.307 is amended by revising (a)(2)(iv) and adding
paragraphs (a)(2)(v), (vi), and (vii) to read as follows:
Sec. 375.307 Delegations to the Director of the Office of Energy
Market Regulation.
* * * * *
(a) * * *
(2) * * *
(iv) Sign and issue deficiency letters for filings under Federal
Power Act sections 203, 204, 215, and 305(b).
(v) Take appropriate action on uncontested Electric Reliability
Organization budget, business plan, and special assessment filings made
pursuant to Sec. 39.4 of this chapter.
(vi) Take appropriate action on uncontested filings proposing
Electric Reliability Organization or Regional Entity organization rules
or rule changes made pursuant to Sec. 39.10 of this chapter.
(vii) Take appropriate action on uncontested delegation agreement
filings by the Electric Reliability Organization or Regional Entity
made pursuant to section 39.8 of this chapter.
* * * * *
[FR Doc. 2012-24104 Filed 9-28-12; 8:45 am]
BILLING CODE 6717-01-P