[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Notices]
[Page 53889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26873]


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DEPARTMENT OF ENERGY

Office of the Secretary


Federal Power Act; Delegation of Authority to the Federal Energy 
Regulatory Commission

AGENCY: Department of Energy.

ACTION: Notice of delegation and assignment.

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SUMMARY: Notice is hereby given of the delegation and assignment by the 
Secretary of Energy to the Federal Energy Regulatory Commission of the 
authority to carry out functions vested in the Secretary under section 
202(a) of the Federal Power Act.

EFFECTIVE DATE: October 1, 1998.

FOR FURTHER INFORMATION CONTACT: Bonnie A. Suchman, Department of 
Energy, Office of the General Counsel. Telephone: (202) 586-3359.

SUPPLEMENTARY INFORMATION: The Secretary of Energy (Secretary) has 
authority under Section 202(a) of the Federal Power Act ``to divide the 
country into regional districts for the voluntary interconnection and 
coordination of facilities for the generation, transmission, and sale 
of electric energy * * *'' 16 U.S.C. Sec. 824a. This function was 
originally vested in the Federal Power Commission. Subsection 301(b) of 
the Department of Energy Organization Act (the ``DOE Act'') (Pub. L. 
95-91) transferred to, and vested in, the Secretary all the functions 
of the Federal Power Commission not specifically vested by the DOE Act 
in the Federal Energy Regulatory Commission (Commission). 42 U.S.C. 
Sec. 7151(b). Sections 401-407, 503, and 504 of the DOE Act set forth 
the jurisdiction and authority of the Commission, an independent body 
within the Department of Energy (DOE). 42 U.S.C. Secs. 7171-7177; 7193; 
7194. The Federal Power Commission's functions with respect to dividing 
the country into regional districts were not specifically vested in the 
Commission.
    Section 642 of the DOE Act permits the Secretary to delegate any of 
the Secretary's functions to any officer or employee of the Department 
the Secretary may designate, including the Commission. Moreover, 
section 402(e) provides that the Commission shall have jurisdiction 
over any matter the Secretary assigns to the Commission after public 
notice. Pursuant to these provisions of the DOE Act, public notice is 
hereby given that the Secretary delegates and assigns to the Commission 
the authority to carry out certain functions vested in the Secretary. 
The assignment is in the form of a delegation.
    Section 202(a) of the Federal Power Act provides DOE with 
sufficient authority to establish boundaries for Independent System 
Operators (ISOs) or other appropriate transmission entities. DOE has 
not exercised this authority. However, FERC devotes substantial 
resources to ISO development and regulation. FERC is also increasingly 
faced with reliability-related issues. Providing FERC with the 
authority to establish boundaries for ISOs or other appropriate 
transmission entities could aid in the orderly formation of properly-
sized transmission institutions and in addressing reliability-related 
issues, thereby increasing the reliability of the transmission system. 
The Department has therefore concluded that the Commission is the most 
appropriate agency to exercise authority under Section 202(a). 
Accordingly, the Secretary is delegating to the Commission his 
authority under Section 202(a) of the Federal Power Act.

    Issued in Washington, D.C. on October 1, 1998.
Bill Richardson,
Secretary of Energy.

Delegation Order No. 0204-166--To the Federal Energy Regulatory 
Commission

    Pursuant to the authority vested in me as Secretary of Energy 
(``Secretary'') and by sections 642 and 402(e) of the Department of 
Energy Organization Act (Pub.L. 95-91) (the ``DOE Act''), there is 
hereby delegated and assigned to the Federal energy Regulatory 
Commission (Commission) the authority to carry out such functions as 
are vested in the Secretary under section 202(a) of the Federal Power 
Act. The authority delegated to the Commission may be further delegated 
within the Commission, in whole or in part, as may be appropriate.
    Nothing in this Order shall preclude the Secretary from exercising 
or further delegating any of the authority hereby delegated, whenever, 
in the Secretary's judgment, the exercise or further delegation of such 
authority is necessary or appropriate to administer the functions 
vested in the Secretary.
    All actions pursuant to any authority delegated prior to this Order 
or pursuant to any authority delegated by this Order taken prior to and 
in effect on the date of this Order are hereby confirmed and ratified, 
and shall remain in full force and effect as if taken under this Order, 
unless or until rescinded, amended, or superseded.

    This Order is effective October 1, 1998.
Bill Richardson,
Secretary of Energy.
[FR Doc. 98-26873 Filed 10-6-98; 8:45 am]
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