[Federal Register Volume 59, Number 235 (Thursday, December 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30182]


[[Page Unknown]]

[Federal Register: December 8, 1994]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM95-2-000; Order No. 573]

 

Videotapes; Final Rule; Issued December 2, 1994

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
amending its Rules of Practice and Procedure by adopting a new rule to 
clarify the procedures for the filing of videotapes. The Commission 
will accept videotapes for filing if they depict some physical aspect 
of an existing or proposed energy project and are accompanied by a 
written statement identifying the subject matter.

EFFECTIVE DATE: January 9, 1995.

FOR FURTHER INFORMATION CONTACT: Barry Smoler, Office of the General 
Counsel, Federal Energy Regulatory Commission, 825 N. Capitol Street, 
N.E., Washington, D.C. 20426, (202) 208-1269.

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, N.E., Washington, D.C. 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 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, located in Room 3104, 941 
North Capitol Street NE., Washington, D.C. 20426.

Before Commissioners: Elizabeth Anne Moler, Chair; Vicky A. Bailey, 
James J. Hoecker, William L. Massey, and Donald F. Santa, Jr.
Videotapes Docket No. RM95-2-000
ORDER NO. 573
FINAL RULE

(Issued December 2, 1994)

I. Introduction

    The Federal Energy Regulatory Commission (Commission) is amending 
its Rules of Practice and Procedure by adopting a new Sec. 385.2013 to 
clarify the procedures for the filing of videotapes. The Commission 
will accept videotapes for filing if they depict some physical aspect 
of an existing or proposed energy project and are accompanied by a 
written statement identifying the subject matter, as discussed below.

II. Background and Discussion

    The Commission occasionally receives videotapes from persons who 
participate in environmental scoping or review proceedings associated 
with the licensing of hydroelectric projects, including the relicensing 
of existing projects, amendments to licenses, and compliance 
proceedings, etc. Such videotapes commonly depict the flow of water at 
the project site, such as at a waterfall or during various flow 
regimes. In the context of regulating natural gas pipelines, the 
Commission occasionally receives videotapes of construction activities 
as part of an informal complaint.
    The Commission recognizes that there are situations in which visual 
imaging may portray physical attributes of an energy project site more 
effectively than verbal description. This is particularly true with 
respect to evaluating the aesthetic attributes of flowing water. 
Therefore, under appropriate circumstances the Commission has accepted 
videotapes for filing. The final rule adopted today merely confirms 
that existing practice and clarifies the procedures associated with it.
    Any person may file a videotape if it visually depicts some 
physical aspect of a proposed or existing energy project, including 
activities or events associated with the project site. In the interest 
of protecting the rights of all potentially affected persons and 
parties, and to protect the integrity of the Commission's decisional 
processes, all such filings must be accompanied by a written statement 
that identifies the place or places at which the videotape was filmed, 
the dates and times at which it was filmed, who filmed it, and what it 
purports to portray or depict. This will enable both the Commission and 
potentially affected entities to better evaluate the videotaped 
material, such as the extent to which the material portrayed may be 
either typical or aberrational. Persons who file videotapes are also 
strongly encouraged to provide this information in narrative, voice-
over form on the videotape itself.
    If the person who files the videotape is also a formal party to the 
proceeding (either as an applicant under Sec. 385.204 or an intervenor 
under Sec. 385.214), it must serve copies of the videotape on all of 
the other parties to the proceeding. The Commission notes, in this 
regard, that interested persons who have not intervened as a party to a 
proceeding are routinely afforded the opportunity to submit written 
material in conjunction with the preparation of environmental impact 
statements and environmental assessments, and that such persons are not 
required to serve copies of that material on any other person, nor does 
the Commission issue notice of its receipt. Videotapes are being 
accorded comparable treatment, and they will be placed in the 
appropriate public file, if any.1
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    \1\In the case of informal complaints that are resolved 
informally, there may not be a formal docket or public file.
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    The Commission notes that its staff often uses videotapes to 
supplement its own internal data, with respect to both environmental 
and compliance functions. Such videotaping often occurs during routine 
monitoring of safety at project sites, or to provide visual context to 
staff notes or their internal work product, often under circumstances 
in which there is no suggestion of adverse safety or environmental 
impact. Those videotapes will not be placed in a public file. In 
instances, however, in which the Commission staff subsequently 
determines that a videotape may be necessary to a decision in a 
proceeding, the Commission will place a copy of the videotape in an 
appropriate public file and will issue a public notice of its contents 
and availability.2 Such videotapes would most commonly involve 
views of flowing water, but might portray damage to the environment or 
to project works. The notice will indicate how and where the videotape 
may be viewed or a copy obtained.
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    \2\The Commission may also issue such notice with respect to 
such a potentially significant videotape that has been filmed and 
filed by someone other than the staff.
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III. Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1990 (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 does not represent a major federal action 
having a significant adverse effect on the human environment under the 
Commission regulations implementing the National Environmental Policy 
Act.5 This rule is procedural and thus 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)(2)(ii).
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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 final rule contains no information collection 
requirements and is not subject to OMB approval. The rule merely 
provides procedures for persons who voluntarily choose to submit 
videotapes to the Commission.
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    \7\5 CFR Part 1320.
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VI. Administrative Findings and Effective Date

    This final rule is purely procedural in nature. Prior notice and 
comment under section 4 of the Administrative Procedure Act8 are 
therefore unnecessary. This final rule is effective January 9, 1995.
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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 amends Part 385 
of Chapter I, Title 18, Code of Federal Regulations, as set forth 
below.

PART 385--RULES OF PRACTICES AND PROCEDURE

    1. The authority citation for Part 385 is revised to read as 
follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 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. 60502; 49 App. U.S.C. 1-85.

    2. A new Sec. 385.2013 is added, to read as follows:


Sec. 385.2013  Videotapes (Rule 2013).

    Any person may file a videotape that portrays the site of, or some 
physical aspect of, an energy project, such as a waterfall or flood 
waters at the site of an existing or proposed hydroelectric project, or 
construction activities at the site of a natural gas pipeline. The 
filing must include a written statement describing the place, date, and 
time at which the videotape was filmed, who filmed it, what it purports 
to depict, and the caption and docket number of the proceeding (if any) 
in which it is to be filed. Any person who files a videotape and who is 
also a party (either as an applicant or as an intervenor) to a docketed 
proceeding in which the videotape is filed must file four copies of the 
videotape with the Commission's Secretary, in VHS format with voice-
over or pictorial inclusion of the data contained in the accompanying 
written statement, serve copies of the videotape on all of the other 
parties to the proceeding, and include a certificate of service with 
the filing.

[FR Doc. 94-30182 Filed 12-7-94; 8:45 am]
BILLING CODE 6717-01-P