[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]] ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 [[Page 12801]] 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