[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72535-72537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33593]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 35
[Docket No. RM00-2-000; Order No. 612]
Time Frame for Intervening in and Protesting Federal Power Act
Section 205 Filings
Issued December 21, 1999.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
amending its regulations to provide that, absent a notice providing
some other time period, a twenty-one (21) calendar day time period from
the date a Federal Power Act (FPA) section 205 rate filing is filed,
amended, or supplemented will be provided for interested parties to
file any protest or intervention in the proceeding. The final rule thus
will give, in most cases, interested parties a date certain to file
protests and interventions. The final rule will also provide
consistency with already existing Natural Gas Act (NGA) section 4
natural gas rate filing procedures.
EFFECTIVE DATE: This final rule is effective January 27, 2000.
FOR FURTHER INFORMATION CONTACT:
Michael J. McGehee (Technical Information), Office of Pipeline
Regulation, Federal Energy Regulatory Commission, 888 First Street,
N.E., Washington, D.C. 20426, (202) 208-2257
Julia A. Lake (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, N.E.,
Washington, D.C. 20426, (202) 208-2019
SUPPLEMENTARY INFORMATION: 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 FERC's Home Page (http://
www.ferc.fed.us) and in FERC's Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First
Street, N.E., Room 2A, Washington, DC 20426.
From FERC's Home Page on the Internet, this information is
available in both the Commission Issuance Posting System (CIPS) and the
Records and Information Management System (RIMS).
--CIPS provides access to the texts of formal documents issued by the
Commission since November 14, 1994.
--CIPS can be accessed using the CIPS link or the Energy Information
Online icon. The full text of this document will be available on CIPS
in ASCII and WordPerfect 8.0 format for viewing, printing, and/or
downloading.
--RIMS contains images of documents submitted to and issued by the
Commission after November 16, 1981. Documents from November 1995 to the
present can be viewed and printed from FERC's Home Page using the RIMS
link or the Energy Information Online icon. Descriptions of documents
back to November 16, 1981, are also available from RIMS-on-the-Web;
requests for copies of these and other older documents
[[Page 72536]]
should be submitted to the Public Reference Room.
User assistance is available for RIMS, CIPS, and the Website during
normal business hours from our Help line at (202) 208-2222 (E-Mail to
WebMaster@ferc.fed.us) or the Public Reference at (202) 208-1371 (E-
Mail to public.referenceroom@ferc.fed.us).
During normal business hours, documents can also be viewed and/or
printed in FERC's Public Reference Room, where RIMS, CIPS, and the FERC
Website are available. User assistance is also available.
Before Commissioners: James J. Hoecker, Chairman; Vicky A.
Bailey, William L. Massey, Linda Breathitt, and Curt Hebert, Jr.
I. Introduction
The Federal Energy Regulatory Commission (Commission) is amending
its regulations to provide that, absent a notice providing some other
time period, a twenty-one (21) calendar day time period from the date a
Federal Power Act (FPA) section 205 rate filing is filed, amended, or
supplemented will be provided for interested parties to file any
protest or intervention in the proceeding. The final rule thus will
give, in most cases, interested parties a date certain to file protests
and interventions. The final rule will also provide consistency with
already existing Commission procedures for noticing Natural Gas Act
(NGA) section 4 natural gas rate filings.
II. Background
Section 205 of the Federal Power Act requires that, absent a grant
of waiver of the prior notice requirement, public utilities must
provide at least 60 days prior notice to the Commission and to the
public before new or revised tariffs or rate schedules can go into
effect.1 The Commission's regulations currently do not
provide any specific time frame during that 60-day period for
interested parties to intervene in or protest the public utilities'
rate filings. Public utilities and the public are uncertain of the due
date for filing interventions and protests until the Commission issues
its notice of filing.
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\1\ 16 U.S.C. 824d.
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III. Discussion
Amending the Commission's regulations to provide, in most cases, a
date certain for protests or interventions to be filed will provide the
industry with specific guidelines as to the date such filings are due.
This certainty will enhance the efficiency of the section 205 rate
filing and review process. The Commission also believes that the 21-day
notice period will provide adequate time for the public to prepare and
file any notices of intervention, motions to intervene, or protests.
The 21-day time period will give interested parties a date certain
to file protests and interventions. To help determine the date such
filings are due, parties can ascertain the filing date of the section
205 rate filing and the content of that filing through the Commission's
website (http://www.ferc.fed.us/online/rims/htm). In addition, parties
can obtain the text of formal documents issued by the Commission, such
as notices of filings, on the Commission Issuance Posting System (CIPS)
and the Commission's Records and Information Management System (RIMS),
which are also accessible through the Commission's website (http://
www.ferc.fed.us). These avenues will provide parties with alternatives
to the Federal Register to aid them in determining when comments are
due.
The final rule essentially codifies current internal Commission
practice.2 Moreover, by establishing a 21-day time period
for protests and interventions, rather than some other time period, the
final rule will still allow adequate time for the Commission to act on
the section 205 rate filings within the 60-day statutory time period
for Commission action. In addition, consistent with past practice for
noticing purposes, amendments and supplements to section 205 rate
filings will be treated the same as the initial section 205 rate
filings and noticed for a 21-day time period.
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\2\ Current agency practice generally is to provide a 20-day
time period for noticing purposes.
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By providing a date certain for interventions, the final rule will
provide consistency with already existing Natural Gas Act section 4
natural gas rate filing notice procedures. The Commission's regulations
already establish a specific notice period (12 days) for NGA section 4
gas rate filings (on which the Commission must act within a 30-day
statutory time period).3 For noticing purposes, amendments
to gas rate filings are also treated the same as initial applications,
and trigger a new intervention time period.
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\3\ See 18 CFR 154.210.
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In addition, the final rule will provide the Commission flexibility
to adjust the 21-day time frame to allow for a different notice period
as warranted, since the Commission has the authority to establish a
notice period other than 21 days. An instance in which the Commission
might establish a notice period other than 21 days could occur when an
application is filed that requires Commission authorization pursuant to
different sections of the FPA (e.g., section 203 and section 205). In
such an instance, the Commission's notice would as a general matter
specify that a longer notice period would prevail.
The choice of a 21-day time period rather than a 20-day time
period, for example, eliminates the prospect that the final day to
protest or intervene will fall on a weekend; where the last day of the
notice period falls on a federal holiday, the due date would be the
next business day.4
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\4\ See 18 CFR 385.2007(b)(2).
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In enacting this rule, the Commission has considered the interests
of all affected parties and concludes that changing the section 205
noticing procedures is in the public interest. The Commission has
balanced the need to allow sufficient time for interested parties to
review a filing with the need for the proceeding to progress swiftly.
The use of a 21-calendar day standard achieves this balance.
A notice and comment rulemaking procedure is not necessary because
the Commission is not proposing a change to substantive rate policies
or data collections. Rather the final rule is one of agency
organization, procedure or practices for which notice and comment are
not required.5
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\5\ See 5 U.S.C. 553(b)(A).
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IV. Regulatory Flexibility Certification Statement
The Regulatory Flexibility Act 6 requires rulemakings
either to contain a description and analysis of the impact the rule
will have on small entities, or to certify that the rule will not have
a significant economic impact on a substantial number of small
entities. An analysis is not required if a proposed rule will not have
such an impact.7
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\6\ 5 U.S.C. 601-612.
\7\ 5 U.S.C. 605b.
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The regulations adopted in this final rule would revise the
Commission's regulations to include specific time frames for filing
protests and interventions for FPA section 205 rate filings. In so
doing, the rule essentially codifies current internal Commission
practice. The Commission therefore certifies that this final rule will
not have a significant economic impact on small entities.
V. Environmental Statement
Commission regulations require that an environmental assessment or
an environmental impact statement be prepared for any Commission action
[[Page 72537]]
that may have a significant adverse effect on the human
environment.8 The Commission has categorically excluded
certain actions from this requirement as not having a significant
effect on the human environment. Among these are proposals for rules
that are procedural.9 The final rule falls under this
exception; consequently, no environmental consideration is necessary.
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\8\ 18 CFR Part 380.
\9\ 18 CFR 380.4(a)(2)(ii).
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VI. Information Collection Statement
The Office of Management and Budget's (OMB's) regulations require
that OMB approve certain information collection requirements imposed by
agency rules.10 The information collection requirements for
section 205 rate filings are approved under OMB Control No. 1902-0096.
This final rule does not add or modify the information collection
requirements in OMB Control No. 1902-0096. A copy of this final rule
will be sent to OMB for informational purposes only.
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\10\ 5 CFR Part 1320.
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VII. Effective Date and Congressional Review
The provisions of 5 U.S.C. 801 regarding Congressional review of
rulemaking, do not apply to this final rule because the rule concerns
agency procedure and practice. The final rule will not substantially
affect the rights and obligations of non-agency parities.11
Therefore, this final rule is effective January 27, 2000.
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\11\ 5 U.S.C. 804(3)(C).
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List of Subjects in 18 CFR Part 35
Electric power rates, Electric utilities, and Reporting and
recordkeeping requirements.
By the Commission.
David P. Boergers,
Secretary.
In consideration of the foregoing, the Commission amends Part 35,
Chapter I, Title 18, of the Code of Federal Regulations as follows:
PART 35--FILING OF RATE SCHEDULES
1. The authority citation for Part 35 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
2. Section 35.8 is revised to read as follows:
Sec. 35.8 Protests and interventions by interested parties and form
for Federal Register notice.
(a) Protests or interventions. Unless the notice issued by the
Commission provides otherwise, any protest or intervention to a rate
filing made pursuant to this part must be filed in accordance with
Secs. 385.211 and 385.214 of this chapter, on or before 21 days after
the subject rate filing. A protest must state the basis for the
objection. A protest will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make the protestant a party to the proceeding. A person wishing to
become a party to the proceeding must file a motion to intervene.
(b) Form of notice for Federal Register. The public utility must
file a form of notice suitable for publication in the Federal Register,
as well as a copy of the same notice in electronic format (in ASCII
text or WordPerfect 8.0 format) on a 3\1/2\'' diskette marked with the
name of the applicant and the words ``Notice of Filing,'' which must be
in the following form:
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
(Name of Utility) Docket No.
NOTICE OF FILING
Take notice that (name of public utility), on (date), tendered
for filing proposed changes in its FERC Electric Service Tariff,
(Volume Nos.), [The following language in the first paragraph
applies only to increased rate filings.] The proposed changes would
increase revenues from jurisdictional sales and service by (amount)
based on the 12-month period ending (date). [If changes other than
increased rates and charges are proposed, the public utility must
concisely state the nature of these changes.]
[The public utility must briefly describe the reasons for the
proposed changes in the second paragraph.]
Copies of the filing were served upon the public utility's
jurisdictional customers, (other parties the public utility served,
inter alia, state public service commissions, other government
agencies, etc.).
Any person desiring to be heard or to protest the filing should
file a motion to intervene or protest with the Federal Energy
Regulatory Commission, 888 First Street, N.E., Washington, D.C.
20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). All
such motions or protests must be filed in accordance with Sec. 35.9
of the Commission's regulations. Protests will be considered by the
Commission in determining the appropriate action to be taken, but
will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a motion to intervene.
Copies of this filing are on file with the Commission and are
available for public inspection in the Public Reference Room. This
filing may also be viewed on the Internet at http://www.ferc.fed.us/
online/rims.htm (call 202-208-2222 for assistance).
[FR Doc. 99-33593 Filed 12-27-99; 8:45 am]
BILLING CODE 6717-01-P
