[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Rules and Regulations]
[Pages 6608-6609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3115]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 375

[Docket No. RM03-5-000; Order No. 629]


Before Commissioners: Pat Wood, III, Chairman; William L. Massey, 
and Nora Mead Brownell; Amendment to Delegations of Authority to the 
Chief Administrative Law Judge

Issued January 29, 2003.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: This Final Rule clarifies the authority of the Chief 
Administrative Law Judge (Chief ALJ) to establish procedural timelines 
in matters set for hearing. The change is necessary to avoid any 
confusion over the Chief ALJ's authority to set and extend time frames. 
It will benefit parties and the public by helping to ensure that 
matters set for hearing are processed efficiently.

EFFECTIVE DATE: The rule will become effective January 29, 2003.

FOR FURTHER INFORMATION CONTACT: Wilbur Miller, Office of General 
Counsel, 888 First Street, NE., Washington, DC 20426, (202) 502-8953, 
[email protected].

SUPPLEMENTARY INFORMATION: 1. This final rule clarifies the authority 
of the Chief Administrative Law Judge (Chief ALJ) to set and extend 
procedural time standards in matters set for hearing. Currently, the 
Chief ALJ designates each matter for one of several specified 
timetables depending on the complexity of the case. The timetables 
contain deadlines for such matters as hearings, briefing, and the 
initial decision. The Commission regards these time standards as 
critical to the efficient processing of matters assigned for hearing. 
More detailed information about the time standards is available on the 
Commission's Web site at www.ferc.gov/legal/oalj/standards.htm.
    2. Some confusion may have arisen over the Chief ALJ's authority to 
establish time standards for individual cases.\1\ This final rule is 
intended to eliminate any such confusion. Accordingly, it amends the 
Commission's delegations of authority to the Chief ALJ with respect to 
matters pending under 18 CFR part 385, subpart E. Specifically, this 
rule amends Part 375 of the Commission's regulations, which contains 
the Commission's delegations of authority to its staff, by adding to 
the Chief ALJ's delegations the authority to set and extend procedural 
time standards in matters in litigation unless the Commission states 
otherwise in its order setting a hearing.\2\ The times set by the Chief 
ALJ are mandatory, not advisory, and need not be specifically 
authorized by the Commission in individual cases.
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    \1\ See Midwest Independent System Operator, et al., Docket No. 
EL02-111-000, (Jan. 14, 2003) (Order Extending Briefing Schedule).
    \2\ See new 18 CFR 375.304(b)(1)(v) (2002).
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    3. The Commission is issuing this order as a final rule without a 
period for public comment. Under 5 U.S.C. 553(b), notice and comment 
procedures are unnecessary where a rulemaking concerns only agency 
procedure and practice, or where the agency finds that notice and 
comment is unnecessary. This rule concerns only matters of agency 
procedure and, in fact, makes no change to existing procedures. It thus 
will not significantly affect regulated entities or the general public. 
Therefore, the Commission finds notice and comment procedures to be 
unnecessary.
    4. In addition, in accordance with 5 U.S.C. 553(d)(3), the 
Commission finds that good cause exists to make this Final Rule 
effective immediately upon issuance. As stated above, the rule 
clarifies rather than changes existing procedures. Therefore, no point 
would be served in making it effective at a later date.

Information Collection Statement

    5. The Office of Management and Budget's (``OMB's'') regulations 
require that OMB approve certain information collection requirements 
imposed by agency rule.\3\ This Final Rule contains no information 
reporting requirements, and is not subject to OMB approval.
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    \3\ 5 CFR part 1320.
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Environmental Analysis

    6. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant adverse effect on the human environment.\4\ Issuance 
of this Final Rule does not represent a major federal action having a 
significant adverse effect on the human environment under the 
Commission's regulations implementing the National Environmental Policy 
Act.\5\ Part 380 of the Commission's regulations lists exemptions to 
the requirement that an Environmental Analysis or Environmental Impact 
Statement be done. Included is an exemption for procedural, ministerial 
or

[[Page 6609]]

internal administrative actions.\6\ This rulemaking is exempt under 
that provision.
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    \4\ Order No. 486, Regulations Implementing the National 
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & 
Regs. Preambles 1986-1990 ] 30,783 (1987).
    \5\ Order No. 486, 52 FR 47897 (Dec. 17, 1987); FERC Stats. & 
Regs. [Regulations Preambles 1986-1990] ] 30,783 (Dec. 10, 1984) 
(codified at 18 CFR part 380).
    \6\ 18 CFR 380.4(1) and (5).
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Regulatory Flexibility Act Certification

    7. The Regulatory Flexibility Act of 1980 (RFA) \7\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
The Commission certifies that this final rule will not have such an 
impact. An analysis under the RFA therefore is not required.
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    \7\ 5 U.S.C. 601-612.
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Document Availability

    8. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
Internet through FERC's Home page (http://www.ferc.gov) and in FERC's 
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. 
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    9. From FERC's Home page on the Internet, this information is 
available in the Federal Energy Regulatory Records Information System 
(FERRIS). The full text of this document is available on FERRIS in PDF 
and WordPerfect format for viewing, printing, and/or downloading. To 
access this document in FERRIS, type the docket number excluding the 
last three digits of this document in the docket number field.
    10. User assistance is available for FERRIS and the FERC's website 
during normal business hours. For assistance, contact FERC Online 
Support at [email protected] or toll-free at (866) 208-3676, 
or for TTY, contact (202) 502-8659.

Effective Date

    11. This final rule is effective immediately upon issuance. 
Congressional review of Final Rules does not apply to this Final Rule, 
because the rule concerns agency procedure and practice and will not 
substantially affect the rights of non-agency parties.

List of Subjects in 18 CFR Part 375

    Authority delegations (Government agencies), Seals and insignia, 
Sunshine Act.

    By the Commission.
Magalie R. Salas,
Secretary.

    In consideration of the foregoing, the Commission amends Part 375, 
Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 375--THE COMMISSION

    1. The authority citation for part 375 continues to read as 
follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.


    2. Section 375.304 is amended by revising paragraph (b)(1)(iv) and 
adding paragraph (b)(1)(v) to read as follows:


Sec.  375.304  Delegations to the Chief Administrative Law Judge

* * * * *
    (b) * * *
    (1) * * *
    (iv) Extend any close or record date ordered by the Commission in a 
proceeding for good cause, and
    (v) Set or extend procedural time standards, including but not 
limited to hearing, briefing and initial decision dates, including 
dates set by the Commission, unless the Commission states otherwise in 
its hearing order.
* * * * *
[FR Doc. 03-3115 Filed 2-7-03; 8:45 am]
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