[Federal Register Volume 64, Number 250 (Thursday, December 30, 1999)]
[Rules and Regulations]
[Pages 73403-73408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33591]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 375 and 376
[Docket No. RM00-4-000; Order No. 613]
Delegations of Authority
Issued December 21, 1999.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
amending regulations to revise delegations of authority and related
provisions to reflect changes in the Commission's internal structure.
DATES: This final rule is effective January 31, 2000.
FOR FURTHER INFORMATION CONTACT: Wilbur Miller, Office of the General
Counsel, Federal Energy Regulatory Commission, 888 First Street, N.E.,
Washington, DC 20426, (202) 208-0953.
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
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requests for copies of these and other older documents should be
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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
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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
18 CFR Parts 375 and 376 to revise the delegations to certain
Commission officials and to make related changes in connection with
changes in the Commission's internal structure. These changes came
about as a result of the Chairman's FERC First initiative, which
reorganized many of the Commission's internal operations with the
objective of making them more responsive to the public's needs. As a
result, the positions to which the Commission formerly delegated a
number of authorities will no longer exist. This rulemaking reassigns
those authorities to the new offices.
II. Background
The Commission's staff, at the Chairman's direction, has undertaken
a re-engineering effort, called FERC First, to re-examine and, where
appropriate, restructure its organization and processes. One result of
this effort has been a decision to replace a number of the Commission's
internal organizations with others that are better structured to meet
the challenges of changing energy markets. Among the new offices that
the Commission has established, or is establishing, are the Office of
Markets, Tariffs and Rates (OMTR); the Office of Energy Projects (OEP);
and the Office of Finance, Accounting and Organization (OFAO). Among
the offices being eliminated are the Office of the Chief Accountant,
the Office of Pipeline Regulation, the Office of Electric Power
Regulation, the Office of Energy Policy, the Office of the Executive
Director and the Office of Hydropower Licensing.
III. Discussion
The change in internal structure requires that many of the
Commission's delegations of authority be revised to reflect the fact
that the positions to which the existing delegations were made, in some
cases, have been or are being eliminated. This rulemaking is intended
solely to transfer existing delegations rather than to alter the
existing scope of delegated authority within the Commission. Apart from
the provisions being revised in this rulemaking, there may be other
references in the Commission's regulations to official positions or
offices that will no longer exist after the reorganization of the
Commission's staff. These regulations will be revised in due course.
The existing delegations are being revised as follows:
Part 375
Office of the Chief Accountant (existing Sec. 375.303). The Office
of the Chief Accountant has been moved into OFAO, with the Chief
Accountant reporting to the Director of OFAO.
[[Page 73404]]
Consequently, most of the delegations contained in this section are
being transferred to the Director. Authorities contained in subsections
375.303(d)(1) and (e) are being transferred to OMTR. Section 375.303(g)
is being deleted because it is obsolete.
Office of Pipeline Regulation (existing Sec. 375.307). These
delegations are being divided between the Directors of OMTR and OEP. In
particular, where a delegation concerns pipeline facilities or both
facilities and services, it is being transferred to OEP. Where it
concerns services only, it is being transferred to OMTR.
Office of Electric Power Regulation (existing Sec. 375.308). These
delegations are being transferred to OMTR.
Office of Economic Policy (existing Sec. 375.310). This section is
being deleted as obsolete.
Office of the Executive Director (existing Sec. 375.313). These
delegations are being transferred to OFAO.
Office of Hydropower Licensing (existing Sec. 375.314). These
delegations are being transferred to OEP.
Part 376
Part 376 governs the Commission's organization and its operations
during emergency conditions. This rulemaking updates the list of
officials authorized to conduct operations during emergency conditions
and replaces references to the former position of Executive Director
with the Director, OFAO.
General
The Commission is issuing this as a final rule without a period for
public comment. Under 5 U.S.C. 553(b), notice and comment procedures
are unnecessary where a rulemaking concerns only agency procedure and
practice, or where the agency finds that notice and comment is
unnecessary. This rule concerns only matters of internal agency
procedure and will not affect regulated entities or the general public.
Therefore, the Commission finds notice and comment procedures to be
unnecessary.
IV. Regulatory Flexibility Act Certification
The Regulatory Flexibility Act (RFA) requires agencies to prepare
certain statements, descriptions and analyses of rules that will have a
significant impact on a substantial number of small entities. 5 U.S.C.
601-612. The Commission is not required to make such analyses if a rule
would not have such an effect. Because this rule concerns only matter
of internal agency procedure, it will have no impact upon any entity
other than the Commission.
V. 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.
Order No. 486, Regulations Implementing National Environmental Policy
Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations
Preambles 1986-1990 para.30,783 (1987). The Commission has
categorically excluded certain actions from this requirement as not
having a significant effect on the human environment. Among these are
rules that are clarifying, corrective, or procedural, or that do not
substantively change the effect of the regulations being amended. 18
CFR 380.4(a)(2)(ii). This rule is procedural in nature and therefore
falls under this exception; consequently, no environmental
consideration is necessary.
VI. Information Collection Statement
This rulemaking contains no information collections.
VII. Congressional Review
The provisions of 5 U.S.C. 801, regarding Congressional review of
rulemakings, do not apply to this rulemaking because it concerns agency
procedure and practice and will not substantially affect the rights and
obligations of non-agency parties. 5 U.S.C. 804(3)(C).
List of Subjects
18 CFR Part 375
Authority delegations (Government agencies), Seals and insignia,
Sunshine Act.
18 CFR Part 376
Civil defense, Organization and functions (Government agencies).
By the Commission.
( S E A L )
David P. Boergers,
Secretary.
In consideration of the foregoing, the Commission amends Parts 375
and 376, Chapter I, Title 18, of the Code of Federal Regulations, as
follows:
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. Section 375.303 is revised to read as follows:
Sec. 375.303 Delegations to the Chief Accountant.
(a) The Commission authorizes the Chief Accountant or the Chief
Accountant's designee to issue interpretations of the Uniform System of
Accounts for public utilities, licensees, natural gas companies and oil
pipeline companies.
(b) Pass upon any proposed accounting matters submitted by or on
behalf of public utilities, licensees, natural gas companies, and oil
pipeline companies, that require Commission approval under the Uniform
System of Accounts, except that if the proposed accounting matters
involve unusually large transactions or unique or controversial
features, the Director must present the matters to the Commission for
consideration.
(c) Pass upon applications to increase the size or combine property
units of public utilities, licensees, natural gas companies and oil
pipeline companies.
3. Section 375.307 is revised to read as follows:
Sec. 375.307 Delegations to the Director of the Office of Markets,
Tariffs and Rates.
The Commission authorizes the Director or the Director's designee
to:
(a) Sign all correspondence on behalf of the Commission with state
regulatory commissions and agencies in connection with non-financial
auditing matters.
(b) Pass upon any uncontested application for authorization to
issue securities or to assume obligations and liabilities, filed by
public utilities and licensees pursuant to part 34 of this chapter.
(c) Sign non-financial audit reports of jurisdictional companies.
(d) In connection with non-financial audits, pass upon and review
requests by state and federal agencies to review staff audit working
papers if the company agrees to the release of the audit working papers
provided:
(1) The papers are examined at the Commission; and
(2) The requester
(i) Only makes general notes concerning the contents of the audit
working papers,
(ii) Does not make copies of the audit working papers, and
(iii) Does not remove the audit working papers from the area
designated by the Director.
(e) Take appropriate action on the following types of uncontested
applications for authorizations and uncontested amendments to
applications and authorizations and impose appropriate conditions:
[[Page 73405]]
(1) Applications by a pipeline for the deletion of delivery points
but not facilities;
(2) Applications to abandon pipeline services, but not facilities,
involving a specific customer or customers, if such customer or
customers have agreed to the abandonment;
(3) Applications for temporary or permanent certificates (and for
amendments thereto) for services, but not facilities, in connection
with the transportation, exchange or storage of natural gas, provided
that the cost of construction of the certificate applicant's related
facility is less than the limits specified in column 2 of table I in
Sec. 157.208(d) of this chapter;
(4) Blanket certificate applications by interstate pipelines and
local distribution companies served by interstate pipelines filed
pursuant to Secs. 284.221 and 284.224 of this chapter;
(5) Applications for temporary certificates involving
transportation service or sales, but not facilities, pursuant to
Sec. 157.17 of this chapter;
(6) Dismiss any protest to prior notice filings involving existing
service, made pursuant to Sec. 157.205 of this chapter, that does not
raise a substantive issue and fails to provide any specific detailed
reason or rationale for the objection;
(7) Applications pertaining to approval of changes in customer
names where there is no change in rate schedule, rate, or other
incident of service;
(8) Applications for approval of customer rate schedule shifts;
(9) Applications filed under section 1(c) of the Natural Gas Act
and part 152 of this chapter, for declaration of exemption from the
provisions of the Natural Gas Act and certificates held by the
applicant; and
(10) Applications and amendments requesting authorizations filed
pursuant to section 7(c) of the Natural Gas Act for new or additional
service to right-of-way grantors either directly or through a
distributor, where partial consideration for the granting of the right-
of-way was the receipt of gas service pursuant to section 7(c) of the
Natural Gas Act.
(f) Act upon filings for all initial rate schedules, rate schedule
changes and notices of changes in rates submitted by gas companies and
impose conditions to the following extent, in uncontested cases:
(1) Accept a tariff or rate schedule filing, except a major
pipeline rate increase under section 4(e) of the Natural Gas Act and
under subpart D of part 154 of this chapter, if it complies with all
applicable statutory requirements, and with all applicable Commission
rules, regulations and orders for which a waiver has not been granted,
or if a waiver has been granted by the Commission, if it complies with
the terms of the waiver;
(2) Reject a tariff or rate schedule filing, if it patently fails
to comply with applicable statutory requirements and with all
applicable Commission rules, regulations and orders for which a waiver
has not been granted; and
(3) Advise the filing party of any actions taken under paragraph
(b)(1) or (b)(2) of this section and designate rate schedules, rate
schedule changes, and notices of changes in rates, and the effective
date thereof.
(g) Take appropriate action on the following:
(1) Any notice of intervention or petition to intervene, filed in
an uncontested application for pipeline service and not facilities, or
an uncontested rate schedule proceeding;
(2) An uncontested request from one holding an authorization,
granted pursuant to the Director's delegated authority, to vacate all
or part of such authorization;
(3) Petitions to permit after an initial 60-day period one
additional 60-day period of exemption pursuant to Sec. 284.264(b) of
this chapter where the application or extension arrives at the
Commission later than 45 days after the commencement of the initial
period of exemption and where only services are involved; and
(4) Applications for extensions of time to file required reports,
data and information and to perform other acts required at or within a
specific time by any rule, regulation, license, permit, certificate, or
order by the Commission.
(h) Undertake the following actions:
(1) Issue reports for public information purposes. Any report
issued without Commission approval must:
(i) Be of a noncontroversial nature, and
(ii) Contain the statement, ``This report does not necessarily
reflect the view of the Commission,'' in bold face type on the cover;
(2) Issue and sign deficiency letters regarding natural gas
applications; and
(3) Accept for filing, data and reports (including Forms 1, 1F, 2,
2A, and 6) required by Commission orders, or presiding officers'
initial decisions upon which the Commission has taken no further
action, if such filings are in compliance with such orders or decisions
and, when appropriate, notify the filing party of such acceptance.
(i) Take appropriate action on requests or petitions for waivers
of:
(1) Any action incidental to the exercise of delegated authority,
including waiver of notice as provided in section 4(d) of the Natural
Gas Act, provided the request conforms to the requirements of
Sec. 385.2001 of this chapter;
(2) Filing requirements for statements and reports under Parts 260,
261 and 357 of this chapter;
(3) Fees prescribed in Secs. 381.207, 381.403, and 381.505 of this
chapter in accordance with Sec. 381.106(b) of this chapter;
(4) Annual charges prescribed in Sec. 382.202 of this chapter in
accordance with the standard set forth in Sec. 382.105 of this chapter;
(5) Section 154.403 of this chapter, as necessary, in order to rule
on out-of-cycle purchased gas adjustment filings;
(6) The requirements of subpart C of part 292 of this chapter
governing cogeneration and small power production facilities made by
any state regulatory authority or nonregulated electric utility
pursuant to Sec. 292.402 of this chapter;
(7) Annual charges prescribed in Sec. 382.201 of this chapter in
accordance with the standard set forth in Sec. 382.105 of this chapter;
and
(8) Deny or grant, in whole or in part, requests for waiver of the
requirements for statements or reports under Sec. 141.1 of this chapter
(FERC Form No. 1, Annual Report of Major Electric Utilities, Licensees
and Others) and Sec. 141.2 of this chapter (FERC Form No. 1-F, Annual
Report for Nonmajor Public Utilities and Licensees), and of the filing
of FERC Form No. 1 on electronic media (Sec. 385.2011 of this chapter,
Procedures for filing on electronic media, paragraphs (a)(6), (c), and
(e)).
(j) Take the following actions relating to the regulation of oil
pipelines under the Interstate Commerce Act:
(1) Accept any uncontested item which has been filed consistent
with Commission regulations and policy;
(2) Reject any filing which patently fails to comply with
applicable statutory requirements and with all applicable Commission
rules, regulations and orders for which a waiver has not been granted;
(3) Prescribe for carriers the classes of property for which
depreciation charges may be properly included under operating expenses,
review the fully documented depreciation studies filed by the carriers,
and authorize or revise the depreciation rates reflected in the
depreciation study with respect to each of the designated classes of
property; and
(4) Refer any matter to the Commission which the Director believes
[[Page 73406]]
should be acted upon by the Commission.
(k) Take the following actions with respect to rates, rate
schedules, and rate filings:
(1) Accept for filing all uncontested initial rate schedules and
uncontested rate schedule changes submitted by public utilities,
including changes which would result in rate increases; waive the
requirement of statutory notice for good cause shown; advise the filing
party of such acceptances; and designate rate schedules and the
effective dates thereof;
(2) Approve uncontested rates and rate schedules filed by the
Secretary of Energy or his designee, for power developed at projects
owned and operated by the federal government and for services provided
by federal power marketing agencies;
(3) Reject a rate filing, unless accompanied by a request for
waiver in conformity with Sec. 385.2001 of this chapter, if it fails
patently to comply with applicable statutory requirements or Commission
rules, regulations and orders; and
(4) Assign to an Administrative Law Judge (ALJ), with the ALJ's
concurrence, uncontested interim electric rate motions that would
result in lower rates, pending Commission action on settlement
agreements.
(l) Take appropriate action on uncontested applications for:
(1) The sale or lease or other disposition of facilities,
consolidation of facilities, and acquisition of securities of public
utilities under section 203 of the Federal Power Act;
(2) Interlocking positions under section 305(b) of the Federal
Power Act;
(3) Certification of the qualifying status for small power
production and cogeneration facilities under Sec. 292.207 of this
chapter; and
(4) The extension of time for public utilities to file required
reports, data, and information and to do other acts required to be done
within a specific time period by any rule, regulation or order of the
Commission.
(m) Take appropriate action on:
(1) Notices of intervention or petitions to intervene in an
uncontested rate schedule proceeding;
(2) Requests for authorization for a designated representative to
post and file rate schedules of public utilities which are parties to
the same rate schedule; and
(3) Filings related to uncontested nonexempt qualifying small power
production facilities, including action on requests for waivers of the
Commission's regulations under the Federal Power Act and related
authorizations consistent with Massachusetts Refusetech, Inc., 31 FERC
para. 61,048 (1985), and the orders cited therein without limitation as
to whether qualifying status is by Commission certification or notice
of qualifying status, provided that in the case of a notice of
qualifying status, any waiver is granted on condition that the filing
party has correctly noticed the facility as a qualifying facility.
(n) Undertake the following actions:
(1) Redesignate proceedings, rate schedules, and other
authorizations and filings to reflect changes in the names of persons
and municipalities subject to invoking Commission jurisdiction under
the Federal Power Act, where no substantive changes in ownership,
corporate structure or domicile, or jurisdictional operation are
involved;
(2) Issue deficiency letters regarding electric rate schedule
filings, refund reports, corporate applications for the sale, lease of
disposition of property, consolidation of facilities, acquisition of
securities of public utilities and applications to hold interlocking
positions;
(3) With respect to amendments to agreements, contracts, and rate
schedules (including approved rate settlements), and data and reports
submitted by public utilities pursuant to Commission opinions, orders,
decisions, or other actions or presiding officers' initial decisions:
(i) Accept for filing any amendment, contract, rate schedule, data
and reports which are in compliance and, when appropriate, notify the
filing party of such acceptance; or
(ii) Reject for filing any amendment, contract, rate schedule,
data, and reports which are not in compliance or not required and, when
appropriate, notify the filing party of such rejection; and
(4) Adopt final allocations of costs for federal multiple-purpose
reservoir projects for which the Commission has statutory
responsibility, and review and comment on cost allocations prepared by
others.
(o) In connection with the regulation of oil pipelines under the
Interstate Commerce Act, refer any matter to the Commission which the
Director believes should be acted upon by the Commission.
4. Section 375.308 is removed and Sec. 375.314 is redesignated as
Sec. 375.308 and its heading and introductory text are revised and
paragraphs (v) through (z) are added to read as follows:
Sec. 375.308 Delegations to the Director of the Office of Energy
Projects.
The Commission authorizes the Director or the Director's designee
to:
* * * * *
(v) Take appropriate action on the following types of uncontested
applications for authorizations and uncontested amendments to
applications and authorizations and impose appropriate conditions:
(1) Applications or amendments requesting authorization for the
construction or acquisition and operation of facilities that have a
construction or acquisition cost less than the limits specified in
column 2 of table I in Sec. 157.208(d) of this chapter;
(2) Applications by a pipeline for the abandonment of pipeline
facilities;
(3) Applications for temporary certificates for facilities pursuant
to Sec. 157.17 of this chapter;
(4) Petitions to amend certificates to conform to actual
construction;
(5) Applications for temporary certificates for facilities pursuant
to Sec. 157.17 of this chapter;
(6) Dismiss any protest to prior notice filings made pursuant to
Sec. 157.205 of this chapter and involving pipeline facilities that
does not raise a substantive issue and fails to provide any specific
detailed reason or rationale for the objection;
(7) Applications for temporary or permanent certificates (and for
amendments thereto) for the transportation, exchange or storage of
natural gas, provided that the cost of construction of the applicant's
related facility is less than the limits specified in column 2 of table
1 in Sec. 157.208(d) of this chapter; and
(8) Applications for blanket certificates of public convenience and
necessity pursuant to subpart F of part 157 of this chapter, including
waiver of project cost limitations in Secs. 157.208 and 157.215 of this
chapter, and the convening of informal conferences during the 30-day
reconciliation period pursuant to the procedures in Sec. 157.205(f).
(w) Take appropriate action on the following:
(1) Any notice of intervention or petition to intervene, filed in
an uncontested application for pipeline facilities;
(2) An uncontested request from one holding an authorization,
granted pursuant to the Director's delegated authority, to vacate all
or part of such authorization;
(3) Petitions to permit after an initial 60-day period one
additional 60-day period of exemption pursuant to
[[Page 73407]]
Sec. 284.264(b) of this chapter where the application or extension
arrives at the Commission later than 45 days after the commencement of
the initial period of exemption when the emergency requires
installation of facilities; and
(4) Applications for extensions of time to file required reports,
data, and information and to perform other acts required at or within a
specific time by any rule, regulation, license, permit, certificate, or
order by the Commission.
(x) Undertake the following actions:
(1) Compute, for each calendar year, the project limits specified
in table I of Sec. 157.208 and table II of Sec. 157.215(a) of this
chapter, adjusted for inflation, and publish such limits as soon as
possible thereafter in the Federal Register;
(2) Issue reports for public information purposes. Any report
issued without Commission approval must:
(i) Be of a noncontroversial nature, and
(ii) Contain the statement, ``This report does not necessarily
reflect the view of the Commission,'' in bold face type on the cover;
(3) Issue and sign deficiency letters regarding natural gas
applications;
(4) Accept for filing, data and reports required by Commission
orders, or presiding officers' initial decisions upon which the
Commission has taken no further action, if such filings are in
compliance with such orders or decisions and, when appropriate, notify
the filing party of such acceptance;
(5) Reject requests which patently fail to comply with the
provisions of 157.205(b) of this chapter; and
(6) Take appropriate action on requests or petitions for waivers of
any action incidental to the exercise of delegated authority, including
waiver of notice as provided in section 4(d) of the Natural Gas Act,
provided the request conforms to the requirements of Sec. 385.2001 of
this chapter.
(y) Take appropriate action on the following:
(1) Any action incidental to the exercise of delegated authority,
including waiver of notice as provided in section 4(d) of the Natural
Gas Act, provided the request conforms to the requirements of
Sec. 385.2001 of this chapter; and
(2) Requests or petitions for waivers of filing requirements for
statements and reports under Secs. 260.8 and 260.9 of this chapter.
(z) Approve, on a case-specific basis, and make such decisions as
may be necessary in connection with the use of pre-filing collaborative
procedures, for the development of an application or certificate or
abandonment authorization under Section 7 of the Natural Gas Act, or
the development of an application for facilities under Section 3 of the
Natural Gas Act, and assist in the pre-filing collaborative and related
processes.
Sec. 375.310 [Removed]
5. Section 375.310 is removed.
Sec. 375.311 [Redesignated as Sec. 375.310]
6. Section 375.311 is redesignated as Sec. 375.310.
Sec. 375.312 [Redesignated as Sec. 375.311]
7. Section 375.312 is redesignated as Sec. 375.311.
Sec. 375.313 [Redesignated as Sec. 375.312]
8. Section 375.313 is redesignated as Sec. 375.312 and is revised
to read as follows:
Sec. 375.312 Delegations to the Director of the Office of Finance,
Accounting and Operations.
The Commission authorizes the Director or the Director's designee
to:
(a) Sign all correspondence with respect to financial accounting
and reporting matters on behalf of the Commission.
(b) Pass upon actual legitimate original cost and depreciation
thereon and the net investment in jurisdictional companies and
revisions thereof, and sign audit reports resulting from the
examination of the books and records of jurisdictional companies,
(1) If the company agrees with the audit report, or
(2) If, in the case of a financial audit, the company does not
agree with the audit report, provided that notification of the
opportunity for a hearing under Section 301(a) of the Federal Power Act
or Section 8(a) of the Natural Gas Act accompanies the audit report.
(c) Pass upon and approve requests by state and federal agencies to
review staff working papers from financial audits if the company agrees
to the release of the audit working papers provided:
(1) The papers are examined at the Commission, and
(2) The requester--
(i) Only makes general notes concerning the contents of the audit
working papers,
(ii) Does not make copies of the audit working papers, and
(iii) Does not remove the audit working papers from the area
designated by the Director.
(d) With regard to billing errors noted as a result of the
Commission staff's examination of automatic adjustment tariffs approved
by the Commission, approve corrective measures, including recomputation
of billing and refunds, to the extent the company agrees.
(e) Deny or grant, in whole or in part, requests for waiver of the
requirements of parts 352 and 356 of this chapter, except if the
matters involve unusually large transactions or unique or controversial
features, the Director must present the matters to the Commission for
consideration.
(f) Prescribe the updated fees for part 381 of this chapter in
accordance with Sec. 381.104 of this chapter.
(g) Prescribe the updated fees for part 381 of this chapter in
accordance with Sec. 388.109(b)(2) of this chapter.
(h) Deny or grant, in whole or in part, petitions for waiver of
fees prescribed in Sec. 381.302 of this chapter in accordance with
Sec. 381.106(b) of this chapter.
(i) Deny or grant, in whole or in part, petitions for exemption
from fees prescribed in part 381 of this chapter in accordance with
Sec. 381.108 of this chapter.
(j) Determine the annual charges for administrative costs, for use
of United States lands, and for use of government dams or other
structures.
(k) Grant or deny waiver of penalty charges for late payment of
annual charges.
(l) Give credit for overpayment of annual charges.
(m) Deny or grant, in whole or in part, petitions for exemption
from annual charges under Sec. 11.6 of this chapter for state and
municipal licensees.
(n) Grant or deny petitions for waiver of annual charges for oil
pipelines.
PART 376--ORGANIZATION, MISSION, AND FUNCTIONS: OPERATIONS DURING
EMERGENCY CONDITIONS
9. The authority citation for Part 376 is revised to read as
follows:
Authority: 5 U.S.C. 553; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR
1978 Comp., p. 142.
10. In Sec. 376.105, paragraph (b)(2) is revised to read as
follows:
Sec. 376.105 Chairman.
* * * * *
(b) * * *
(2) The selection, appointment, and fixing of the compensation of
such personnel as he deems necessary.
* * * * *
11. In Sec. 376.204, paragraph (b)(2) is revised to read as
follows:
Sec. 376.204 Delegation of Commission's authority during emergency
conditions.
* * * * *
(b) * * *
(2) The list referred to in paragraph (b)(1) of this section is:
(i) Director of the Office of Finance, Accounting and Operations;
(ii) Director of the Office of Markets, Tariffs and Rates;
[[Page 73408]]
(iii) Director of the Office of Energy Projects;
(iv) General Counsel;
(v) Executive Assistant to the Chairman;
(vi) Deputy Directors, Office of Markets, Tariffs and Rates, in
order of seniority;
(vii) Deputy Directors, Office of Energy Projects, in order of
seniority;
(viii) Deputy General Counsel;
(ix) Associate General Counsels, Assistant General Counsels and
Solicitor, in order of seniority;
(x) Assistant Directors and Division heads, Office of Markets,
Tariffs and Rates; Assistant Directors and Division heads, Office of
Energy Projects; and Assistant General Counsels; in order of seniority.
* * * * *
12. Section 376.206 is revised to read as follows:
Sec. 376.206 Delegation of functions of certain Commission staff
members.
When, by reason of emergency conditions, the Secretary; Director of
the Office of Finance, Accounting and Operations; Director of any
Office or Division, or officer in charge of a regional office, is not
available and capable of carrying out his functions, such functions are
delegated to staff members designated by the Chairman to perform such
functions. If no staff member so designated is available and capable of
carrying out his functions, such functions are delegated to the next
subordinate employee in the Office or Division of the highest grade and
longest period of service in that grade.
13. Section 376.207 is revised to read as follows:
Sec. 376.207 Personnel and fiscal functions.
Subject to modifications or revocation by authority of the Director
of the Office of Finance, Accounting and Operations, during the
continuation of emergency conditions authority to effect temporary
appointments of such additional officers and employees, to classify and
allocate positions to their proper grades, to issue travel orders, and
to effect emergency purchases of supplies, equipment and services shall
be exercised by the respective Directors of Offices and officials in
charge of regional offices, their deputies, or staff in line of
succession, as may be required for the discharge of the lawful duties
of such organization.
[FR Doc. 99-33591 Filed 12-29-99; 8:45 am]
BILLING CODE 6717-01-P
