[Federal Register Volume 59, Number 9 (Thursday, January 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-683]


[[Page Unknown]]

[Federal Register: January 13, 1994]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 375

[Docket No. RM93-20-000, Order No. 564]

 

Electronic Filing of FERC Form No. 1 and Delegation to Chief 
Accountant; Final Rule

Issued December 30, 1993.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission is amending its 
regulations to provide for delegation to the Chief Accountant of 
authority to act on requests for waiver of the FERC Form No. 1 and the 
FERC Form No. 1-F filing requirements. This will expedite the 
processing of such requests.

EFFECTIVE DATE: This rule is effective February 14, 1994.

FOR FURTHER INFORMATION CONTACT: Richard Mattingly (Legal Information), 
Electric Rates and Corporate Regulation, Office of the General Counsel, 
Federal Energy Regulatory Commission, 825 North Capitol Street, 
NE.,Washington, DC 20426, (202) 208-2070; James G. Baird (Technical 
Information), Office of Chief Accountant, Federal Energy Regulatory 
Commission, 810 First Street, NE., Washington, DC 20426, (202) 219-
2613.

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, at 941 North 
Capitol Street, NE, Washington, DC 20426.
    The Commission Issuance Posting System (CIPS), an electronic 
bulletin board service, provides access to the text 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 the Final Rule 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

    On July 23, 1993, the Federal Energy Regulatory Commission 
(Commission) issued a notice of proposed rulemaking (NOPR)1 in 
which the Commission proposed to amend 18 CFR Parts 141 and 385 to 
provide for the electronic filing of FERC Form No. 1, ``Annual Report 
of Major electric utilities, licensees and others'' (Form 1). The 
Commission also proposed to amend 18 CFR part 375 to delegate to the 
Chief Accountant or his designee the authority to act on requests for 
waiver of the Form 1 and Form 1-F2 filing requirements.
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    \1\58 FR 40606 (July 29, 1993); IV FERC Stats. & Regs. 32,498 
(1993).
    \2\FERC Form No. 1-F, ``Annual Report of Nonmajor public 
utilities and licensees.''
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    The Commission is issuing separately in this docket notice of its 
intent to delay implementation of the Form 1 electronic filing 
requirement pending development and testing of the necessary software.
    In this order, the Commission is adopting a final rule amending its 
regulations to provide for the delegation of authority to the Chief 
Accountant or his designee to deny or grant (in whole or in part) 
waiver of the Form 1 and Form 1-F filing requirements. The language of 
the amendment is identical to that proposed in the NOPR.

II. Reporting Burden

    There is no reporting burden associated with the delegation of 
authority to the Chief Accountant or his designee.

III. Discussion of Comments

    Only one party, American Electric Power System (AEP), commented on 
the proposal to delegate authority to the Chief Accountant or his 
designee to rule on Form 1 and Form 1-F waiver requests. AEP supports 
the proposal. The Commission finds that the proposal is reasonable. 
Accordingly, the proposal will be adopted.

IV. Regulatory Flexibility Act Certification

    The Regulatory Flexibility Act3 requires rulemakings to 
contain either a description and analysis of the effect that a rule 
will have on small entities or to certify that the rule will not have a 
significant economic effect on a substantial number of small 
entities.4 Because most Form 1 and Form 1-F respondents do not 
fall within the definition of small entity, the Commission 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. 601-612.
    \4\See 5 U.S.C. 601(3), citing to section 3 of the Small 
Business Act, 15 U.S.C. 632, which defines a ``small-business 
concern'' as a business which is independently owned and operated 
and which is not dominant in its field of operation.
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IV. Information Collection Statement

    The regulations of the Office of Management and Budget (OMB)5 
require that OMB approve certain information and recordkeeping 
requirements imposed by an agency. In this instance the rule being 
adopted does not impose any information or recordkeeping requirements, 
and there is thus no need to obtain OMB approval. However, the 
Commission is sending a copy of this order to OMB for information 
purposes.
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    \5\5 CFR 1320.14.
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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.6 However, no environmental consideration is necessary 
for actions that are procedural, ministerial, or internal 
administrative and management actions, programs or decisions,7 or 
that are proposals for legislation or promulgation of rules that are 
clarifying, corrective, or procedural or that do not substantially 
change the effect of legislation or regulations being amended.8 
The final rule is such an action, and, accordingly, no environmental 
consideration is necessary.
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    \6\Regulations Implementing National Environmental Policy Act, 
52 FR 47897 (Dec. 17, 1987); FERC Stats. & Regs. Preambles 1986-90 
30,783 (1987).
    \7\18 CFR 380.4(a)(1).
    \8\18 CFR 380.4(a)(2)(ii).
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VI. Effective Date

    This final rule is effective February 14, 1994.

List of Subjects in 18 CFR Part 375

    Authority delegations (Government agencies), Seals and insignia, 
Sunshine Act.

    By the Commission.
Lois D. Cashell,
Secretary.
    In consideration of the foregoing, the Commission amends part 375 
in chapter I, 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. 791-828r, 791a note, 2601-2645; 42 U.S.C. 7107-7532.

    2. Section 375.303 is amended by adding paragraph (l) to read as 
follows:


Sec. 375.303  Delegations to the Chief Accountant.

* * * * *
    (l) Deny or grant, in whole or 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).

[FR Doc. 94-683 Filed 1-12-94; 8:45 am]
BILLING CODE 6717-01-P