95-29664. Delegation of Authority to the Secretary, the Director of the Office of Electric Power Regulation and the General Counsel  

  • [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]
    
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    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.
    
    -----------------------------------------------------------------------
    
    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).
    ---------------------------------------------------------------------------
    
    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.
    ---------------------------------------------------------------------------
    
        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).
    ---------------------------------------------------------------------------
    
    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).
    ---------------------------------------------------------------------------
    
    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.
    ---------------------------------------------------------------------------
    
        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).
    ---------------------------------------------------------------------------
    
    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).
    ---------------------------------------------------------------------------
    
    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.
    ---------------------------------------------------------------------------
    
    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).
    ---------------------------------------------------------------------------
    
        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
    
    

Document Information

Effective Date:
1/5/1996
Published:
12/06/1995
Department:
Federal Energy Regulatory Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-29664
Dates:
This final rule is effective January 5, 1996.
Pages:
62326-62329 (4 pages)
Docket Numbers:
Docket No. RM96-3-000, Order No. 585
PDF File:
95-29664.pdf
CFR: (3)
18 CFR 375.302
18 CFR 375.308
18 CFR 375.309