[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