[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Rules and Regulations]
[Pages 62326-62329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29664]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 375
[Docket No. RM96-3-000; Order No. 585]
Delegation of Authority to the Secretary, the Director of the
Office of Electric Power Regulation and the General Counsel
Issued: November 30, 1995.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
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SUMMARY: The Federal Energy Regulatory Commission is revising its
regulations to expand delegations to the staff in the following areas:
The Secretary would be authorized to toll the time for action on
requests for rehearings and issue notices in compliance with section
206(b) of the Federal Power Act, as amended by the Regulatory Fairness
Act; the Director of the Office of Electric Power Regulation would be
authorized to take appropriate action on uncontested interim electric
rate motions that would result in lower rates, pending Commission
action on settlement agreements; and the General Counsel would be
authorized to grant uncontested applications for exempt wholesale
generator status that do not present unusual or interpretation issues
and to act on uncontested motions to withdraw EWG applications. Because
of increased workload, the Commission is taking these actions in the
interest of administrative efficiency.
EFFECTIVE DATE: This final rule is effective January 5, 1996.
ADDRESSES: 888 First Street NE., Washington, DC 20426.
FOR FURTHER INFORMATION CONTACT: Kasha Ciaglo, Office of the General
Counsel, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington DC 20426, (202) 208-2165.
[[Page 62327]]
SUPPLEMENTARY INFORMATION: In addition to publishing the full text of
this document in the Federal Register, the Commission also provides all
interested persons an opportunity to inspect or copy the contents of
this document during normal business hours in the Public Reference Room
at 888 First Street NE., Washington, DC 20426.
The Commission Issuance Posting System (CIPS), an electronic
bulletin board service, provides access to the texts of formal
documents issued by the Commission. CIPS is available at no charge to
the user and may be accessed using a personal computer with a modem by
dialing (800) 856-3920. To access CIPS, set your communications
software to 19200, 14400, 12000, 9600, 7200, 4800, 2400 or 1200 bps,
full duplex no parity, 8 data bits and 1 stop bit. The full text of
this order will be available on CIPS in ASCII and WordPerfect 5.1
format. The complete text on diskette in WordPerfect format may also be
purchased from the Commission's contractor, La Dorn Systems
Corporation, also located in the Public Reference Room in 888 First
Street NE., Washington, DC 20426.
I. Introduction
The Federal Energy Regulatory Commission is adopting new
regulations amending: (1) 18 CFR 375.302 to authorize the Secretary to
toll the time for action on requests for rehearing and issue notices in
compliance with section 206(b) of the Federal Power Act (FPA), as
amended by the Regulatory Fairness Act of 1988 (RFA);1 (2) 18 CFR
375.308 to authorize the Director of the Office of Electric Power
Regulation (Director) to take appropriate action on uncontested interim
electric rate motions that would result in lower rates, pending
Commission action on settlement agreements; and (3) 18 CFR 385.309 to
authorize the General Counsel to grant uncontested applications for
exempt wholesale generator (EWG) status that do not present unusual or
interpretation issues and to act on uncontested motions to withdraw EWG
applications.2 These amendments are necessary in the interest of
administrative efficiency.
\1\16 U.S.C. 824e(b) (1994).
\2\Applications for the determination of EWG status are filed
pursuant to section 32 of the Public Utility Holding Company Act of
1935, as amended by the Energy Policy Act of 1992 (PUHCA). 15 U.S.C.
79z-5a (1994).
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II. Discussion
In recent years, the Commission has experienced a significant
increase in its electric program workload. In light of the Commission's
new responsibilities under the Energy Power Act of 1992 and significant
competitive changes occurring in the electric utility industry, the
Commission anticipates further increases in electric items such as rate
filings, complaints, declaratory orders, corporate regulation cases,
and EWG applications.3
\3\For example, there were 874 ER filings in fiscal year 1992,
988 ER filings in fiscal year 1993, 1698 ER filings in fiscal year
1994, and 1865 ER filings in fiscal year 1995.
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The Commission is concerned about its ability to thoroughly and
timely address the many significant technical, legal and policy issues
that it will need to decide in the next few years4 while
simultaneously avoiding a significant backlog of more routine items.
The Commission believes that it can meet its increasing workload, but
only by developing more efficient ways to process cases. To this end,
the Commission is expanding delegations of authority to the Secretary,
the Director, and the General Counsel (and their designees) to rule on
routine, uncontested, non-policy matters. The delegations should reduce
overall Commission time spent on more routine items and thus provide a
greater opportunity to address the more significant issues and
proceedings. Thus, the delegation regulations contained in subpart C of
part 375 are amended by this rule as described below.
\4\See Promoting Wholesale Competition Through Open Access Non-
Discriminatory Transmission Services by Public Utilities, and
Recovery of Stranded Costs by Public Utilities and Transmitting
Utilities, Notice of Proposed Rulemaking, 60 FR 17662 (Apr. 7,
1995), IV FERC Stats. and Regs. para.32,514 (1995). Notice of
Technical Conference and Request for Comments, Real-Time Information
Networks, 60 FR 17726 (Apr. 7, 1995), IV FERC Stats. and Regs.
para.35,530; and Inquiry Concerning Alternative Power Pooling
Institutions Under the Federal Power Act, Notice of Inquiry and
Request for Comments, 59 FR 54851 (Nov. 2, 1994), IV Stats. and
Regs. para.35,529 (1994).
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A. Delegations to the Secretary Under Sec. 375.302
1. Rehearing for Purpose of Further Consideration
Under 18 CFR 385.713(f), the Commission has 30 days within which to
act on a request for rehearing of a Commission order, or the request is
deemed denied. While the Commission makes every effort to dispose of
requests for rehearing within 30 days, the difficulty of the issues
raised or the timing of the 30-day period in relation to the
Commission's scheduled meetings sometimes makes this impossible. In
these instances, the Commission issues an order granting rehearing for
the purpose of further consideration. The Secretary, or the Secretary's
designee, will be authorized to toll the time for action on rehearings
of Commission action under all of the Commission's statutes, not just
the FPA. This authority will apply only to stand-alone rehearing
requests. In other words, if a rehearing request is combined with any
other request for Commission action, such as a request to intervene in
a proceeding or for a stay of a proceeding, the Commission will
continue to act on the rehearing request and the other requests
contained in the filing, according to current procedures.
2. RFA Notices
When the Commission institutes an investigation under section 206
of the FPA, section 206(b) requires the Commission to provide its best
estimate of when it will complete the proceeding.5 This is known
as an RFA notice. Normally, the Commission, in its order instituting
the investigation, directs the presiding judge to provide a report
estimating when the judge will issue an initial decision. The
Commission, based on the judge's report, then estimates when it
believes it will be able to complete the case. The Commission's
estimate is affected by when staff believes it will be able to present
a final order to the Commission. RFA notices will now be delegated to
the Secretary, or the Secretary's designee. The Secretary will estimate
the expected date of a final order based on discussion with appropriate
staff.
\5\This requirement was added to section 206 by the Regulatory
Fairness Act of 1988. See 16 U.S.C. 824e(b) (1994).
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B. Delegation to the Director Under Sec. 375.308
When parties reach a settlement in an electric rate case calling
for reductions in the rates in effect subject to refund, the selling
public utility often files with the Commission for permission to charge
lower settlement rates during the period when the Commission is
evaluating the settlement agreement. This is to avoid further refunds
that would be required if the Commission accepts the settlement. Such
motions are almost always granted by the Commission. However, this
currently requires the preparation of an interim electric rate order.
The ability to take appropriate action on such interim rate motions
that are uncontested will now be delegated to the Director, or the
Director's designee. To the extent that a motion to charge interim
rates is contested or is combined with any other request for Commission
action, the
[[Page 62328]]
Commission will continue to act on the motion according to current
procedures.
C. Delegation to the General Counsel Under Sec. 375.309
To date, the Commission has acted on over 200 EWG applications. The
vast majority of these applications have not presented unusual issues
or issues requiring the interpretation of section 32 of PUHCA. However,
the preparation of EWG orders has been time-consuming. The
responsibility to grant uncontested EWG applications will now be
delegated to the General Counsel, or the General Counsel's designee.
Applications presenting unusual or interpretation issues will continue
to be brought to the Commission, as will any contested applications and
applications in which staff recommends denial of EWG status.6
\6\Because there is no rehearing available on EWG applications,
denials will continue to be addressed by the Commission.
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In addition, the General Counsel or the General Counsel's designee
will be authorized to act on uncontested motions to withdraw
applications for EWG status. Under 18 CFR 365.5, if the Commission has
not acted upon an EWG application within 60 days, it will be deemed to
have been granted. While most motions to withdraw EWG applications are
granted by operation of law 15 days after filing pursuant to 18 CFR
385.216(b), Commission action on a motion to withdraw an EWG
application is necessary if the motion is contested or if the 60th day
for action on the EWG application is sooner than the 15th day after the
filing of the motion to withdraw. Contested motions to withdraw will be
acted on by the Commission. However, this delegation will allow the
General Counsel or the General Counsel's designee to act on uncontested
motions in a timely fashion.
III. Conclusion
As explained above, in the interests of administrative efficiency,
we will amend: (1) 18 CFR 375.302 to add that the Secretary, or the
Secretary's designee, is authorized to toll the time for action on
stand-alone requests for rehearing, and to issue RFA notices; (2) 18
CFR 375.308 to authorize the Director, or the Director's designee, to
act on uncontested, stand-alone interim electric rate motions that
would result in lower rates, pending Commission action on settlement
agreements; and (3) 18 CFR 375.309 to authorize the General Counsel, or
the General Counsel's designee, to grant uncontested EWG applications
not involving unusual or interpretation issues, and to act on
uncontested motions to withdraw EWG applications.
IV. Environmental Statement
Commission regulations require that an environmental assessment or
an environmental impact statement be prepared for any Commission action
that may have a significant adverse effect on the human
environment.7 The Commission has categorically excluded certain
actions from this requirement as not having a significant effect on the
human environment.8 No environmental consideration is necessary
for the promulgation of a rule that is clarifying, corrective, or
procedural.9 As explained above, this final rule is procedural and
ministerial in nature, and promotes internal administrative efficiency.
Accordingly, no environmental consideration is necessary.
\7\Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. and
Regs. Regulations Preambles 1986-1990 para.30,783 (1987) (codified
at 18 CFR part 380).
\8\18 CFR 380.4.
\9\18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act Certification
The Regulatory Flexibility Act10 requires rulemakings either
to contain a description and analysis of the impact the rule will have
small entities or a certification that the rule will not have a
substantial economic impact on a substantial number of small entities.
The Commission certifies that promulgating this rule does not represent
a major Federal action having a significant economic impact on a
substantial number of small entities. Therefore, no regulatory
flexibility analysis is required.
\10\ 5 U.S.C. 601-612 (1994).
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VI. Information Collection Statement
The Paperwork Reduction Act of 199511 authorizes the Office of
Management and Budget (OMB) to review and approve information
collection requirements imposed by agency rule. These requirements are
submitted by Federal agencies in accordance with OMB's
regulations,12 as appropriate. However, this order neither
contains new information collection requirements nor modifies existing
information collection requirements in the Commission's regulations.
Therefore, this final rule is not subject to OMB approval. A copy of
this rule will be sent to OMB for informational purposes only.
\11\44 U.S.C. 3507 et seq. (1994).
\12\5 CFR Part 1320.
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VII. Administrative Findings and Effective Date
The Administrative Procedure Act (APA)13 requires rulemakings
to be published in the Federal Register. The APA also mandates that an
opportunity for comments be provided when an agency promulgates
regulations. However, notice and comment are not required under the APA
when the agency for good cause finds that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.14 The Commission finds that notice and comment are
unnecessary for this rulemaking. As explained above, this final rule is
procedural and ministerial in nature and is being promulgated to
advance internal administrative efficiency. The Commission is merely
amending its rules to improve the efficiency with which certain routine
items are processed.
\13\5 U.S.C. 551-559 (1994).
\14\5 U.S.C. 553(B) (1994).
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The Commission will make this rule effective January 5, 1996.
List of Subjects in 18 CFR Part 375
Authority delegations (Government agencies), Electric power rates,
Electric utilities, Reporting and recordkeeping requirements.
By the Commission.
Lois D. Cashell,
Secretary.
In consideration of the foregoing, the Commission amends part 375,
chapter I of title 18, Code of Federal Regulations, as set forth below.
PART 375--THE COMMISSION
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.
2. In Sec. 375.302, paragraphs (v) and (w) are added to read as
follows:
Sec. 375.302 Delegations to the Secretary.
* * * * *
(v) Toll the time for action on requests for rehearing.
(w) Issue notices in compliance with section 206(b) of the Federal
Power Act.
3. In Sec. 375.308, paragraph (a) is amended by adding paragraph
(a)(4) to read as follows:
Sec. 375.308 Delegations to the Director of the Office of Electric
Power Regulation.
* * * * *
(a) * * *
(4) Take appropriate action on uncontested interim electric rate
[[Page 62329]]
motions that would result in lower rates, pending Commission action on
settlement agreements.
* * * * *
4. In Sec. 375.309, paragraph (g) is added to read as follows:
Sec. 375.309 Delegations to the General Counsel.
* * * * *
(g) Grant uncontested applications for exempt wholesale generator
status that do not involve unusual or interpretation issues and to act
on uncontested motions to withdraw such applications.
[FR Doc. 95-29664 Filed 12-5-95; 8:45 am]
BILLING CODE 6717-01-P