[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 824o.
    \2\ Id. 824o(c)(2)(B).
    \3\ Id. 840o(e)(4).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \4\ Id.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \5\ 18 CFR 39.4(b).
    \6\ Id.
    \7\ Id. 39.4(c).
    \8\ Id. 39.4(d).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \9\ 18 CFR 39.8.
    \10\ Id. 39.8(f).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \11\ Id. 39.10(b).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \12\ 5 CFR 1320.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \15\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

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:

[[Page 59747]]

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