[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-681]
[[Page Unknown]]
[Federal Register: January 12, 1994]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 385
[Docket No. RM94-8-000]
Revision of the Regulations Governing Commission Review of
Department of Energy Remedial Orders
Issued January 4, 1994.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
revising its regulations governing Commission review of contested
Department of Energy remedial orders. The Commission is removing as not
necessary the requirement that the presiding officer submit a revised
proposed order to the Commission at the same time as he or she
certifies and files with the Secretary the record in the proceeding and
copies of written comments by the parties.
EFFECTIVE DATE: The final rule is effective on January 4, 1994.
FOR FURTHER INFORMATION CONTACT: Julia Lake White, Office of the
General Counsel, Federal Energy Regulatory Commission, 825 North
Capitol Street, NE., Washington, DC 20426, (202) 208-0457.
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 room 3104, 941 North
Capitol 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 (202) 208-1397. To access CIPS, set your communications
software to use 300, 1200, or 2400 bps, full duplex, no parity, 8 data
bits, and 1 stop bit. CIPS can also be accessed at 9600 bps by dialing
(202) 208-1781. The full text of this document will be available on
CIPS for 30 days from the date of issuance. The complete text on
diskette in Wordperfect format may also be purchased from the
Commission's copy contractor, La Dorn Systems Corporation, also located
in room 3104, 941 North Capitol Street NE., Washington, DC 20426.
I. Introduction
The Federal Energy Regulatory Commission (Commission) is revising
its regulations in part 385 governing Commission review of contested
Department of Energy (DOE) remedial orders. The Commission is removing
the requirement that the presiding officer submit a revised proposed
order to the Commission at the same time as he or she certifies and
files with the Secretary the record in the proceeding and copies of
written comments by the parties.
II. Background and Discussion
The Commission reviews contested DOE remedial orders pursuant to
section 503(c) of the Department of Energy Organization Act (DOE
Act).1 Under the current Rules of Practice and Procedure, the
Commission Administrative Law Judge (ALJ) who presides over a remedial
order proceeding issues a public decision and proposed order following
the hearing in the matter. The parties then have an opportunity to file
comments and reply comments. The ALJ receives the comments and
certifies the record to the Commission. In addition, the Judge also
submits to the Commission a nonpublic ``revised proposed order.'' The
revised proposed order is not part of the record of the proceeding.
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\1\See 42 U.S.C. 7193(c).
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The Commission is eliminating the requirement in Sec. 385.913(d) of
the Commission's regulations that ALJs submit a revised proposed order.
This action will expedite the appeal process by removing an
unnecessary, duplicative step in remedial order proceedings. Since the
Commission now finds that revised proposed orders are not necessary,
draft orders that have already been submitted by ALJs to the Commission
in pending and recently completed remedial order cases will be placed
in the public docket of each proceeding. Parties do not have any
additional procedural rights or opportunities by virtue of the
inclusion of these draft orders in the public docket. Under the
Commission's Rules of Practice and Procedure in remedial order cases,
the parties already enjoy ample opportunities to present their
positions fully before the Commission.2
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\2\Apart from the procedural opportunities available to parties
before DOE, once a matter is appealed to the Commission, the
petitioner files a detailed answer to the RO; the petitioner, DOE
and intervenors may seek discovery and permission to raise new facts
or issues not raised before DOE. The parties then have an
opportunity to file briefs (Rule 906); to obtain a hearing including
an opportunity for the submission of oral or documentary evidence
and oral argument (and to ask the ALJ's permission for cross-
examination) (Rule 909); and to file with the ALJ proposed findings
of fact and conclusions of law and replies to these pleadings.
Finally, after the ALJ has issued a decision and proposed order, the
parties may file written comments and reply comments on the ALJ's
decision. (Rule 913)
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III. Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1980 (RFA)3 generally
requires a description and analysis of final rules that will have a
significant economic impact on a substantial number of small
entities.4 Pursuant to section 605(b) of the RFA, the Commission
hereby certifies that this rule will not have a significant economic
impact on a substantial number of small entities.
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\3\5 U.S.C. 601-602.
\4\Section 601(c) of the RFA defines a ``small entity'' as a
small business, a small not-for-profit enterprise, or a small
governmental jurisdiction. A ``small business'' is defined by
reference to section 3 of the Small Business Act as an enterprise
which is ``independently owned and operated and which is not
dominant in its field of operation.'' 15 U.S.C. 632(a).
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IV. Environmental Statement
Issuance of this rule will not represent a major federal action
having a significant adverse effect on the human environment under the
Commission's regulations implementing the National Environmental Policy
Act.5 This rule is procedural and falls within the categorical
exemptions provided in the Commission's regulations. Neither an
environmental impact statement nor an environmental assessment is
required.6
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\5\See Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs., Regulations Preambles 1986-1990, 30,783 (Dec. 10, 1987)
(codified at 18 CFR part 380).
\6\See 18 CFR 380.4(a)(1).
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V. Information Collection Statement
Office of Management and Budget (OMB) regulations require that OMB
approve certain information collection requirements imposed by agency
rule.7 This rule contains no information collection requirements
and is not subject to OMB approval.
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\7\5 CFR part 1320.
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VI. Administrative Findings and Effective Date
This final rule is a rule of agency organization and procedure that
does not alter any substantive rights or interests, but merely deletes
a nonpublic, revised proposed order in remedial order proceedings that
is unnecessary and duplicative in Commission deliberations. Prior
notice and comment under section 4 of the Administrative Procedure Act
are therefore unnecessary.8 The Commission finds good cause to
make this rule effective immediately upon issuance. This rule,
therefore, is effective January 4, 1994.
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\8\5 U.S.C. 553(b).
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List of Subjects in 18 CFR Part 385
Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.
By the Commission.
Lois D. Cashell,
Secretary.
In consideration of the foregoing, the Commission is amending part
385, chapter I, title 18, Code of Federal Regulations, as set forth
below:
PART 385--RULES OF PRACTICE AND PROCEDURE
1. The authority citation for part 385 continues to read as
follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352; 49
U.S.C. 1-27.
2. In Sec. 385.913, paragraph (d) is revised to read as follows:
Sec. 385.913 Proposed order (Rule 913).
* * * * *
(d) The presiding officer will certify and file with the Secretary
of the Commission a copy of the record in the proceedings and copies of
the written and reply comments filed pursuant to paragraphs (b) and (c)
of this section.
* * * * *
[FR Doc. 94-681 Filed 1-11-94; 8:45 am]
BILLING CODE 6717-01-P
