[Federal Register Volume 67, Number 39 (Wednesday, February 27, 2002)]
[Notices]
[Pages 8946-8948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4564]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Department of Energy Delegation Order

February 19, 2002.
    The attached Department of Energy Delegation of Authority Order No. 
00-004.00 lists delegations from the Secretary of Energy to the Federal 
Energy Regulatory Commission. These new delegations make no substantive 
changes to the authority of the Commission but arrange the delegations 
in a more logical format.

Magalie R. Salas,
Secretary.

Department of Energy

[Delegation Order No. 00-004.00]

To the Federal Energy Regulatory Commission

1. Delegation
    Under the authority vested in me as Secretary of Energy 
(``Secretary'') and pursuant to sections 642 and 402(e) of the 
Department of Energy Organization Act (Public Law 95-91, 42 U.S.C. 
7252) (the ``DOE Act''), I delegate to the Federal Energy Regulatory 
Commission (``Commission'') authority to take the following actions:
    1.1  On a nonexclusive basis to the Chairman,
    A. Administer and manage the Commission's personnel (including 
members of the Senior Executive Service) as is not otherwise granted 
the Chairman by statute. This authority delegated to the Chairman for 
administration and management of the Commission's personnel shall 
include, but not be limited to:
    1. selection and appointment of personnel;
    2. performance appraisals and performance appraisal systems;
    3. compensation, promotions, awards, and bonuses;
    4. reorganizations, transfers of functions, reductions in force, 
and the standards governing such reductions;
    5. removals and disciplinary actions; and
    6. training, travel, and transportation.
    B. Enter into, modify, administer, terminate, close-out, and take 
such other action as may be necessary and appropriate with respect to 
any procurement contract, interagency agreement, financial assistance 
agreement, financial incentive agreement, sales contract, or other 
similar action binding the Department of Energy to the obligation and 
expenditure of public funds or the sale of products and services that 
are related to the mission of the Commission. Such action shall include 
the rendering of approvals, determinations, and decisions, except those 
required by law or regulation to be made by other authority.
    C. Serve as the Head of the Procuring Activity (HPA) for the 
Federal Energy Regulatory Commission.
    D. Appoint Contracting Officers for the Commission.
    E. Acquire, manage, and dispose of personal property held by the 
Commission for official use by its employees or contractors.
    F. Approve acquisitions of automatic data processing and 
telecommunications equipment and services.
    1.2  Carry out Part I of the Federal Power Act (Public Law 280, 
66th Cong., 2d Sess., as amended), to the extent that such authority is 
not transferred to, and vested in, the Commission by section 
402(a)(1)(A) of the DOE Act, provided that this paragraph delegates (A) 
section 4 of the Federal Power Act to the extent the Commission 
determines the exercise of such authority is necessary for it to 
exercise any function transferred to, and vested in, the Commission by 
this delegation, and (B) section 24 of the Federal Power Act (relating 
to the granting of entry, location, or other disposition of lands of 
the United States reserved or classified as power sites).
    1.3  Carry out such functions as are necessary to implement and 
enforce the Secretary's policy requiring holders of Presidential 
permits authorizing the construction, operation, maintenance, or 
connection of facilities for the transmission of electric energy 
between the United States and foreign countries to provide non-
discriminatory open access transmission services. In exercising this 
authority the Commission is specifically authorized to utilize the 
authority of the Secretary under Executive Order No. 10485, dated 
September 3, 1953, as amended by Executive Order No. 12038, dated 
February 3, 1978, and section 202(e) of the Federal Power Act (FPA) (16 
U.S.C. 824a(3)) and such other sections of the FPA vested in the 
Secretary as may be relevant, to regulate access to, and the rates, 
terms, and conditions for, transmission services over permitted 
international electric transmission facilities to the extent the 
Commission finds it necessary and appropriate to the public interest. 
This authority is delegated to the Commission for the sole purpose of 
authorizing the Commission to take actions necessary to implement

[[Page 8947]]

and enforce non-discriminatory open access transmission service over 
the United States portion of those international electric transmission 
lines required by the Secretary to provide such service. Nothing in 
this delegation shall allow the Commission to revoke, amend, or 
otherwise modify Presidential permits or electricity export 
authorizations issued by the Secretary.
    1.4  Implement section 202(a) of the Federal Power Act (relating to 
dividing the country into regional districts).
    1.5  Implement section 203 of the Federal Power Act (relating to 
the disposition, merger or consolidation of facilities and the 
acquisition of securities);
    1.6  Implement section 204 of the Federal Power Act (relating to 
the issuance of securities and the assumption of liabilities);
    1.7  Implement section 206(b) of the Federal Power Act (relating to 
the investigation and determination of the cost of production or 
transmission of electric energy), as the Commission determines 
appropriate to perform its functions;
    1.8  Implement section 207 of the Federal Power Act (relating to 
adequate and sufficient interstate service);
    1.9 Implement section 209 of the Federal Power Act (relating to use 
of boards composed of State representatives and cooperation with State 
commissions);
    1.10 Implement section 304 of the Federal Power Act (relating to 
annual and periodic or special reports), as the Commission determines 
appropriate to perform its functions;
    1.11 Implement section 305 of the Federal Power Act (relating to 
officers or directors benefitting from the sale of issued securities 
and to interlocking directorates);
    1.12 Implement section 311 of the Federal Power Act (relating to 
investigations regarding the generation, transmission, distribution, 
and sale of electric energy), as the Commission determines appropriate 
to perform its functions;
    1.13 Implement sections 1(b) and 1(c) of the Natural Gas Act (ch. 
556, 52 Stat. 821 (1938)(15 U.S.C. 717)) (relating to certain 
exemptions from the provisions of the Natural Gas Act);
    1.14 Implement section 3 of the Natural Gas Act with respect to the 
decision on cases assigned to the Commission by rule;
    1.15 Implement section 5(b) of the Natural Gas Act (relating to the 
investigation and determination of the cost of production or 
transportation of natural gas), as the Commission determines 
appropriate to perform its functions;
    1.16 Implement section 10 of the Natural Gas Act (relating to 
annual and periodic or special reports), as the Commission determines 
appropriate to perform its functions;
    1.17 Implement section 12 of the Natural Gas Act (relating to 
officers or directors benefitting from the sale of issued securities);
    1.18 Implement section 19 of the Natural Gas Act (relating to 
rehearings on orders);
    1.19 Implement the Interstate Commerce Act (49 U.S.C. 1, et seq.) 
and other statutes which formerly vested authority in the Interstate 
Commerce Commission or the chairman and members thereof, as such 
statutes relate to the transportation of oil by pipeline, to the extent 
that such statutes are not transferred to, and invested in, the 
Commission by section 402(b) of the DOE Act, provided, that this 
paragraph does not include any of the authority under section 11 of the 
Clayton Act (15 U.S.C. 21);
    1.20 Issue orders, and take such other action as may be necessary 
and appropriate, to direct the Energy Information Administration to 
gather energy information pursuant to the Federal Energy Administration 
Act of 1974 or the Energy Supply and Environmental Coordination Act of 
1974 to the extent necessary or appropriate to the exercise of 
regulatory functions of the Commission;
    1.21 In reference to regulating the imports and exports of natural 
gas under the National Gas Act (ch. 556, 52 Stat. 821 (1938)(15 U.S.C. 
717)), Executive Order No. 10485, as amended by Executive Order No. 
12038, and section 301(b), 402(e) and (f) under the Department of 
Energy Organization Act (Public Law 95-91, 91 Stat. 565 (42 U.S.C. 7101 
et seq.),
    A. Approve or disapprove the construction and operation of 
particular facilities, the site at which such facilities shall be 
located, and with respect to natural gas that involves the construction 
of new domestic facilities, the place of entry of imports or exit for 
exports, except when the Assistant Secretary for Fossil Energy 
exercises the disapproval authority pursuant to the Delegation of 
Authority to the Assistant Secretary for Fossil Energy.
    B. Carry out all functions under sections 4, 5, and 7 of the 
Natural Gas Act.
    C. Issue orders, authorizations, and certificates which the 
Commission determines to be necessary or appropriate to implement the 
determinations made by the Assistant Secretary for Fossil Energy under 
the Delegation of Authority to the Assistant Secretary and by the 
Commission under this subparagraph. The Commission shall not issue any 
order, authorization, or certificate unless such order, authorization, 
or certificate adopts such terms and conditions as are attached by the 
Assistant Secretary for Fossil Energy pursuant to the Delegation of 
Authority to the Assistant Secretary of Fossil Energy.
2. Rescission
    Delegation Orders 0204-1, 0204-1 (Amendment 1), 0204-105, 0204-110, 
0204-112, 0204-136, 0204-166, 0204-170 are hereby rescinded.
3. Limitations
    3.1 In exercising the authority delegated in paragraphs 1.1B 
through 1.1F in this Order, or redelegated pursuant thereto, the 
delegate(s) shall be governed by the rules and regulations of the 
Department of Energy and the policies and procedures prescribed by the 
Secretary or delegate(s).
    3.2 Nothing in this Order precludes the Secretary from exercising 
any of the authority delegated by this Order.
    3.3 Except as provided in paragraph 1.14, this Order does not 
include the authority to carry out the functions delegated herein to 
the extent such functions are vested in the Secretary pursuant to his 
authority to regulate the exports or imports of natural gas or 
electricity, under section 402(f) of the DOE Act; provided that the 
Secretary may from time to time delegate to the Commission such other 
authority under section 3 of the Natural Gas Act as may be determined 
appropriate.
    3.4 The Commission shall consult with the Administrator of the 
Energy Information Administration (``EIA'') with respect to the 
exercise of functions under paragraphs 1.7, 1.10, 1.12, 1.15, 1.16, and 
1.20, as EIA considers appropriate.
    3.5 Any amendments to this Order shall be in consultation with the 
Department of Energy General Counsel.
4. Authority To Redelegate
    4.1 Except as expressly prohibited by law, regulation, or this 
Order, the Commission may delegate, this authority further, in whole or 
in part.
    4.2 Copies of redelegations and any subsequent redelegations shall 
be provided to the Office of Management and Operations Support, which 
manages the Secretarial Delegations of Authority system.

[[Page 8948]]

5. Duration and Effective Date
    5.1 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 ratified, and remain in 
force as if taken under this Order, unless or until rescinded, amended 
or superseded.
    5.2 This Order is effective December 6, 2001.

Spencer Abraham,
Secretary of Energy.
[FR Doc. 02-4564 Filed 2-26-02; 8:45 am]
BILLING CODE 6717-01-M