§ 375.104 - Transfer of proceedings from other agencies to the Commission.

§ 375.104 Transfer of proceedings from other agencies to the Commission.

(a) Transfer of pending proceedings. Pursuant to the authorization provided in section 705(b)(2), and the provisions of section 705(b)(1) of the DOE Act, all proceedings and applications pending at the time such Act took effect, before any department, agency, commission, or component thereof, the functions of which have been transferred to the Commission by the Act, have been transferred in accordance with the joint regulations issued by the Commission and the Secretary of Energy on October 1, 1977. Those joint regulations appear as an appendix to this section.

(b) Substitution of Commission for other agencies in court proceedings. Pursuant to section 705(e) of the DOE Act, the Commission authorizes the Solicitor of the Commission to file the appropriate pleadings to substitute the Commission for the Interstate Commerce Commission or the Federal Power Commission as necessary in any pending court litigation, responsibility for which is transferred to the Commission.

Appendix to § 375.104

PART 1000 - TRANSFER 1000—TRANSFER OF PROCEEDINGS TO THE SECRETARY OF ENERGY AND THE FEDERAL ENERGY REGULATORY COMMISSION

§ 1000.1 Transfer of proceedings.

(a) Scope.This part establishes the transfer of proceedings pending with regard to those functions of various agencies which have been consolidated in the Department of Energy and identifies those proceedings which are transferred into the jurisdiction of the Secretary and those which are transferred into the jurisdiction of the Federal Energy Regulatory Commission.

(b) Proceedings transferred to the Secretary. The following proceedings are transferred to the Secretary:

(1) All Notices of Proposed Rulemaking, pending and outstanding, which have been proposed by the Department of Energy;

(2) All Notices of Inquiry which have been issued by the Department of Energy;

(3) All Requests for Interpretations which have been filed pursuant to 10 CFR part 205, subpart F, and on which no interpretation has been issued, with the Office of General Counsel of the Department of Energy;

(4) All Applications for Exception Relief which have been filed pursuant to 10 CFR part 205, subpart D, and on which no final decision and order has been issued, with the Office of Exceptions and Appeals of the Department of Energy;

(5) All petitions for special redress, relief or other extraordinary assistance which have been filed pursuant to 10 CFR part 205, subpart R, and on which no order has been issued, with the Office of Private Grievances and Redress of the Department of Energy;

(6) All appeals from Remedial Orders, Exception Decisions and Orders, Interpretations issued by the Office of General Counsel, and other agency orders which have been filed pursuant to 10 CFR part 205, subpart H, and on which no order has been issued prior to October 1, 1977, with the Office of Exceptions and Appeals of the Department of Energy;

(7) All applications for modification or rescission of any DOE order or interpretation which have been filed pursuant to 10 CFR part 205, subpart J, and on which no order has been issued prior to October 1, 1977, with the Office of Exceptions and Appeals of the Federal Energy Administration;

Note:

For a document relating to procedures for natural gas import and export proceedings see 42 FR 61856, Dec. 7, 1977.

(8) All applications for temporary stays and stays which have been filed pursuant to 10 CFR part 205, subpart I, and on which no order has been issued, with the Office of Exceptions and Appeals of the Department of Energy;

(9) All applications which have been filed with the Office of Regulatory Programs of the Department of Energy and on which no final order has been issued;

(10) All investigations which have been instituted and have not been resolved by the Office of Compliance of the Department of Energy;

(11) All Notices of Probable Violation which have been issued prior to October 1, 1977, by the Office of Compliance of Department of Energy;

(12) All Notices of Proposed Disallowance which have been issued prior to October 1, 1977, by the Office of Compliance of Department of Energy;

(13) All Prohibition Orders which have been issued pursuant to 10 CFR part 303 and as to which no Notice of Effectiveness has been issued;

(14) From the Department of the Interior:

(i) The tentative power rate adjustments for the Central Valley Project, California, proposed on September 12, 1977 (42 FR 46619, September 16, 1977).

(15) From the Interstate Commerce Commission:

(i) Ex Parte No. 308 (Sub-No. 1) - Investigation —Investigation of Common Carrier Pipelines.

(16) From the Federal Power Commission:

(i) Cases:

(A) Northwest Pipeline Corporation, Docket No. CP75-340CP75–340.

(B) Midwestern Gas Transmission Co., Docket No. CP77-458CP77–458, et al.

(C) St. Lawrence Gas Company, Docket No. G-17500G–17500.

(D) U.S.D.I. Bonneville Power Administration, Docket No. E-9563E–9563.

(E) U.S.D.I. Southwestern Power Administration, Docket No. E-7201E–7201.

(F) U.S.D.I. Southeastern Power Administration, Docket No. E-6957E–6957.

(G) Tenneco InterAmerica, Inc., Docket No. CP77-561CP77–561.

(ii) Applications:

(A) Maine Public Service Co., Docket No. E-6751E–6751, (ERA Docket No. IE-78-1IE–78–1).

(B) Northern States Power Co., Docket No. E-9589E–9589, (ERA Docket No. IE-78-2IE–78–2).

(C) Arizona Public Service Co., Docket No. IT-5331IT–5331, (ERA Docket No. IE-78-3IE–78–3).

(D) Niagara Mohawk Power Corp., Docket No. E-7022E–7022, (ERA Docket No. IE-77-6IE–77–6).

(E) Maine Public Service Co., Docket No. IT-6027IT–6027, (ERA Docket No. PP-12PP–12).

(F) Boise Cascade, Docket No. E-7765E–7765, (ERA Docket No. PP-52PP–52).

(G) Bonneville Power Administration, Docket No. IT-5959IT–5959, (ERA Docket No. PP-10PP–10).

(H) EPR - Oregon EPR—Oregon (Geothermal Steam Leases).

(I) EPR - Utah EPR—Utah (Geothermal Steam Leases).

(J) EPR - Idaho EPR—Idaho (Geothermal Steam Leases).

(K) EPR - Oregon EPR—Oregon (Geothermal Steam Leases).

(L) EPR - Idaho EPR—Idaho (Geothermal Steam Leases).

(iii) Rulemakings:

(A) Implementation of sections 382(b) and 382(c) of the Energy Policy and Conservation Act of 1971. Docket No. RM77-3RM77–3.

(B) Naw Form Nos:

151, Docket No. RM76-19RM76–19.

153, Docket No. RM76-27RM76–27.

154, Docket No. RM36-33RM36–33.

156, Docket No. RM76-32RM76–32.

157, Docket No. RM76-21RM76–21.

158, Docket No. RM76-31RM76–31.

159, Docket No. RM76-23RM76–23.

160, Docket No. RM76-20RM76–20.

161, Docket No. RM76-26RM76–26.

162, Docket No. RM76-34RM76–34.

155, Docket No. RM76-28RM76–28.

163, Docket No. RM76-30RM76–30.

164, Docket No. RM76-25RM76–25.

(C) Procedures for the Filing of Federal Rate Schedules Docket No. RM77-9RM77–9.

(iv) Project withdrawals and power site revocations:

(A) Project 1021, 1226, 1606, and 1772 - 1772—(Wyoming) - U—U.S. Forest Service (Applicant).

(B) Project Nos. 1021, 1226, 1606, and 1772 - 1772—(Wyoming) - U—U.S. Forest Service (Applicant).

(C) Project Nos. 220 and 691 - 691—(Wyoming) - Cliff —Cliff Gold Mining Co. (Applicant for P-691P–691) The Colowyo Gold Mining Co. (Applicant for P-220P–220).

(D) Project No. 1203 - 1203—(Wyoming) - F—F. D. Foster (Applicant).

(E) Project No. 1241 - 1241—(Wyoming) - F—F. B. Hommel (Applicant).

(F) Project No. 847 - 847—(Oregon) - H—H. L. Vorse (Applicant).

(G) Project No. 907 - 907—(Colorado) - S—S. B. Collins (Applicant).

(H) Project No. 941 - 941—(Colorado) - Marian —Marian Mining Company (Applicant).

(I) Project Nos. 347 and 418 - 418—(Colorado) - Jones —Jones Brothers (Applicant for P-347P–347) Frank Gay et al. (Applicant for P-418P–418).

(J) Project Nos. 373, 521, 937, 1024, 1415, 1546, 1547, and 1025 - 1025—( ) - U—U.S. Forest (Applicant).

(K) Project No. 163 - 163—(Colorado) - James —James F. Meyser and Edward E. Drach (Applicants).

(L) Project Nos. 385, 445, 506, 519, 1220, 1296, 1418, 1519, 1576, 1615, 1616, 1618, 1678, 1682, and 1750 - 1750—(Colorado) - U—U.S. Forest Service (Applicant).

(M) DA-117 - DA–117—(Alaska) - Bureau —Bureau of Land Management (Applicant).

(N) Project No. 114 - 114—(Alaska) - Elizabeth —Elizabeth H. Graff et al. (Applicant).

(O) DA-222 - DA–222—(Washington) - Bureau —Bureau of Land Management (Applicant).

(P) DA-562 - DA–562—(Oregon) - U—U.S. Geological Survey (Applicant).

(Q) DA-601 - DA–601—(Idaho) - Bureau —Bureau of Land Management (Applicant).

(R) DA-509 - DA–509—(Colorado) - Fed—Fed. Highway Admin. (Applicant).

(S) DA-616 - DA–616—(Idaho) - U—U.S. Forest Service (Applicant).

(T) DA-1 - DA–1—(South Carolina) - U—U.S. Forest Service (Applicant).

(U) DA-1116 - DA–1116—(California) - U—U.S. Geological Survey (Applicant).

(V) DA-154 - DA–154—(Arizona) - U—U.S. Geological Survey (Applicant).

(W) DA-1098 - DA–1098—(California) - Merced —Merced Irrigation District (Applicant).

(c) Proceedings transferred to the Commission. There are hereby transferred to the jurisdiction of the Federal Energy Regulatory Commission the following proceedings:

(1) From the Interstate Commerce Commission:

(i) Ex Parte No. 308 - Valuation 308—Valuation of Common Carrier Pipelines.

(ii) I&S 9164 - Trans 9164—Trans Alaska Pipeline System - Rate System—Rate Filings (including I&S 9164 (Sub-No. 1), NOR 36611, NOR 36611 (Sub-No. 1). NOR 36611 (Sub-No. 2), NOR 36611 (Sub-No. 3), NOR 36611 (Sub-No. 4)).

(iii) I&S 9089 - General 9089—General Increase, December 1975, Williams Pipeline Company.

(iv) I&S 9128 - Anhydrous 9128—Anhydrous Ammonia, Gulf Central Pipeline Company.

(v) NOR 35533 (Sub-No. 3) - Petroleum —Petroleum Products, Southwest & Midwest Williams Pipeline.

(vi) NOR 35794 - Northville 35794—Northville Dock Pipeline Corp. et al.

(vii) NOR 35895 - Inexco 35895—Inexco Oil Company v. Belle Fourche Pipeline Co. et al.

(viii) NOR 36217 - Department 36217—Department of Defense v. Interstate Storage & Pipeline Corp.

(ix) NOR 36423 - Petroleum 36423—Petroleum Products Southwest to Midwest Points.

(x) NOR 36520 - Williams Pipeline Company - Petroleum 36520—Williams Pipeline Company—Petroleum Products Midwest.

(xi) NOR 36553 36553—Kerr- Kerr-McGee Refining Corporation v. Texoma Pipeline Co.

(xii) Suspension Docket 67124 - Williams 67124—Williams Pipeline Co. - General —General Increase.

(xiii) Valuation Docket 1423 - Williams 1423—Williams Pipeline Company (1971-1974 1971–1974 inclusive).

(2) To remain with the Commission until forwarding to the Secretary:

The following proceedings will continue in effect under the jurisdiction of the Commission until the timely filing of all briefs on and opposing exceptions to the initial decision of the presiding Administrative Law Judge, at which time the Commission shall forward the record of the proceeding to the Secretary for decision on those matters within his jurisdiction:

(i) El Paso Eastern Co., et al., Docket No. CP 77-33077–330, et al.

(ii) Tenneco Atlantic Pipeline Co., et al., Docket No. CP 77-10077–100, et al.

(iii) Distrigas of Massachusetts Corp., et al., Docket No. CP 70-19670–196, et al.

(iv) Distrigas of Massachusetts Corp., et al., Docket No. CP 77-21677–216, et al.

(v) Eascogas LNG, Inc., et al., Docket No. CP 73-4773–47, et al.

(vi) Pacific Indonesia LNG Co., et al., Docket No. CP74-160CP74–160, et al., (except as provided in paragraph (c)(3) of this section).

(3) The Amendment to Application of Western LNG Terminal Associates, filed on November 11, 1977, in Pacific Indonesia LNG Co., et al., FPC Docket No. CP74-160CP74–160, et al., ERA Docket No. 77-001-LNG77–001–LNG, is transferred to the jurisdiction of the Commission until timely filing of all briefs on and opposing exceptions to the Initial Decision of the presiding Administrative Law Judge on that Amendment, at which time the Commission shall forward a copy of the record of that proceeding to the Secretary of Energy for decision on those matters within his jurisdiction. (If the Commission waives the preparation of an initial decision, the Commission will forward a copy of the record after completion of the hearing, or after the timely filing of any briefs submitted to the Commission, whichever occurs later.)

(d) Residual clause. All proceedings (other than proceedings described in paragraphs (b) and (c) of this section) pending with regard to any function of the Department of Energy, the Department of Energy, Department of the Interior, the Department of Commerce, the Department of Housing and Urban Development, the Department of Navy, and the Naval Reactor and Military Applications Programs which is transferred to the Department of Energy (DOE) by the DOE Organization Act, will be conducted by the Secretary. All proceedings (other than proceedings described in paragraphs (b) and (c) of this section) before the Federal Power Commission or Interstate Commerce Commission will be conducted by the Federal Energy Regulatory Commission.

(Department of Energy Organization Act, Pub. L. 95-9195–91; EO 12009, 42 FR 46267)

[42 FR 55534, Oct. 17, 1977, as amended at 43 FR 21434, May 18, 1978; 43 FR 21658, May 19, 1978]