[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Notices]
[Pages 12800-12801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6719]
[[Page 12800]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PL98-4-000]
Symposium on Process and Reform: Commission Complaint Procedures;
Notice of Conference
March 10, 1998.
Take notice that the Federal Energy Regulatory Commission
(Commission) will host a forum on Monday, March 30, 1998, at 1:00 p.m.,
888 First Street, N.E., Washington, D.C. 20426 in the Commission
meeting room. All interested persons are invited to attend
This forum is the second in a series of symposia on reform of
regulatory processes at the Commission. The purpose of the symposium is
to discuss the Commission's complaint procedures in order to determine:
(1) How well the Commission's current complaint procedures are working,
(2) whether changes to the current complaint procedures are
appropriate, and (3) what type of changes should be made.
The Commission has received proposals filed by the Pipeline
Customer Coalition (Coalition) \1\ and the Interstate Natural Gas
Association of America (INGAA) for expedited procedures for the
consideration and resolution of complaints filed with respect to
pipeline rates, services or practices.\2\ The Commission's complaint
procedures have also been the subject of comment in the context of
electricity regulation in the proceeding in Docket No. PL98-3-000, in
which the Commission held a round-table discussion on processes for
assuring non-discriminatory transmission services as new reliability
rules are developed. Proposed improvements to the Commission's
complaint procedures may also be applicable to the Commission's
regulation of oil pipelines.
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\1\ The Pipeline Customer Coalition consists of American Iron
and Steel Institute, the LDC Caucus of the American Gas Association,
American Public Gas Association, Associated Gas Distributors,
Georgia Industrial Group, Independent Petroleum Association of
America, Natural Gas Supply Association, Process Gas Consumers, and
United Distribution Companies.
\2\ Comments and Petition of the Pipeline Customer Coalition and
Amended Petition of the Pipeline Customer Coalition for Proposed
Rulemaking, and Comments and Petition of the Interstate Natural Gas
Association of America filed in Regulation of Negotiated
Transportation Services of Natural Gas Pipelines, et al., Docket No.
RM96-7-000, et al.
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The Coalition's proposal was to amend the Commission's regulations
to require pipeline tariffs to contain an informal complaint procedure,
and to formalize procedures for using the Commission's Hotline. The
Coalition's proposal also would establish various categories of
complaints eligible for expedited consideration and would require the
Commission to abide by time deadlines depending on the type of
complaint and procedural mechanism chosen by the Commission. The INGAA
proposal, among other things, would make fewer types of complaints
eligible for expedited action and is designed to supplement rather than
replace the Commission's current regulations.
Current Procedures. In addressing how well the Commission's current
complaint procedures are working, participants may comment on the
various ways to pursue a complaint: (1) The complaint procedures of
Rule 206; (2) the informal procedures in pipeline or electric utility
tariffs; (3) the Commission's Hotline; and (4) ADR procedures pursuant
to Rules 604 and 605.
Under Rule 206 of the Commission's existing rules of practice and
procedure, 18 CFR 385.206, any person may file a complaint against any
other person alleged to be in violation of any statute, rule, order or
other law administered by the Commission, or for any other alleged
wrong over which the Commission has jurisdiction. A respondent to a
complaint must file an answer, unless the Commission orders otherwise.
Pursuant to Rule 213, the answer must be filed within 30 days from the
filing of the complaint or 30 days after publication of a notice of the
complaint in the Federal Register, if a notice is published, whichever
is later. Rule 206 also provides a procedure to be followed if the
respondent satisfies the complaint. After all pleadings are filed, the
regulations do not govern the further handling of the complaint.
In addition to filing a complaint pursuant to Rule 206, there are
several other methods which an aggrieved party may use in order to
resolve a complaint. An aggrieved party can use the informal procedures
contained in the tariff of a pipeline or electric utility or can
contact the Commission's Enforcement Hotline. Many aggrieved parties
make it a practice of using the Hotline prior to filing a formal
complaint against a pipeline or electric utility.
Finally, pipelines, electric utilities, and customers have the
ability to use the Commission's alternative dispute resolution (ADR)
procedures. Rule 604 of the Commission's Rules of Practice and
Procedure generally addresses alternative means of dispute resolution
such as settlement negotiations, conciliation, facilitation, mediation,
factfinding, minitrials, and arbitration, or any combination thereof.
Rule 605 governs the specific procedure of arbitration. Parties must
agree to the use of any type of ADR and must first obtain the
Commission's approval to use ADR.
Scope of Discussion. The symposium will cover: (1) What types of
changes, if any, should be made to the Commission's complaint
procedures and whether changes in the Commission's regulations and/or
changes in the Commission's internal procedures are appropriate; (2)
Whether expediting the formal complaint process can be accomplished
only through procedural changes or whether substantive changes to
Commission policies are required; (3) Whether complaints should be
expedited based on the type of issues and, if so, what type of issues
could be resolved expeditiously; and (4) Can a uniform expedited
complaint procedure be established for both electric and pipeline
matters, or should separate procedures be established for electric and
pipeline matters?
Other questions that may be discussed include: How is the
Commission's Enforcement Hotline working and are any changes required?
What should be the relationship between the Commission's complaint
process and enforcement process? Should the Commission take a more
active role in prosecuting complaints by, for example, allowing an
anonymous formal complaint process? What role can the Commission's ADR
rules play in resolving complaints? If the Commission develops
alternative complaint procedures with differing procedural steps and
timelines, what criteria could be used to decide which process is
appropriate for a particular case? For example, should the complainant
be able to waive certain procedures in order to obtain a decision
within a particular time? If the issue affects interests broader than
the complainant, how should that affect the procedures used?
Procedures to Participate. In order to obtain a complete picture of
the current complaint process, the Commission seeks the views of all
segments of the gas, electric, and oil pipeline industries, as well as
state regulatory agencies, and members of the energy bar. The symposium
will be organized so that a representative cross section of views are
obtained.
Written comments may be filed at any time, but should be filed
within 15 days after the conference. Any person who wishes to
participate in the discussion should submit a written request to the
Secretary of the Commission by March 16, 1998. The request should
indicate
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the topic and scope of the participants planned remarks. This will
assist in selecting the members of each panel. A separate notice
organizing the symposium will be issued at a later date.
All questions concerning the format of the conference should be
directed to: David Faerberg, Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C.
20426, (202) 208-1275.
By direction of the Commission.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-6719 Filed 3-13-98; 8:45 am]
BILLING CODE 6717-01-M
