[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]



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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.
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    \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.
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    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

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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