[Federal Register Volume 68, Number 93 (Wednesday, May 14, 2003)]
[Rules and Regulations]
[Pages 25814-25816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11952]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 375 and 376

[Docket No. RM03-7-000; Order No. 632]


Delegations of Authority

Issued May 7, 2003.

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
amending its regulations on delegations of authority to reflect changes 
in the Commission's internal structure. Specifically, the Commission is 
duplicating existing authorities delegated to the Offices of Markets, 
Tariffs and Rates and General Counsel for the newly formed Office of 
Market Oversight and Investigations (OMOI). Granting such delegations 
of authority to OMOI will better enable it to perform its market 
monitoring responsibilities.

EFFECTIVE DATE: This final rule is effective May 7, 2003.

FOR FURTHER INFORMATION CONTACT: Arlene T. McCarthy, Office of the 
General Counsel, Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426, (202) 502-8567.

SUPPLEMENTARY INFORMATION: 
Before Commissioners: Pat Wood, III, Chairman; William L. Massey, 
and Nora Mead Brownell.

    1. The Federal Energy Regulatory Commission (Commission) is 
amending 18 CFR Parts 375 and 376 to duplicate certain existing 
delegations to two Commission office directors for a third office 
director and to make related changes in connection with changes in the 
Commission's internal structure. These changes came about as a result 
of the formation of the Office of Market Oversight and Investigations 
(OMOI). By this order, the Commission is not revising or expanding 
existing delegations of authority.\1\
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    \1\ Existing delegations of authority were promulgated in a 
series of rulemakings initiated in 1978. See Delegations to Various 
Office Directors of Certain Commission Authority, 43 FR 36433 (Aug. 
17, 1978), FERC Stats. & Regs. Preambles 1977-1981 ] 30,016 (1978); 
Chief Accountant, et al., Delegation of Authority; Final Regulation, 
Order No. 38, 44 FR 45449 (Aug. 8, 1979), FERC Stats. & Regs. 
Preambles 1977-1981 ] 30,068 (1979), reh'g denied , 8 FERC ] 61,299 
(1979); Delegation of the Commission's Authority to the Directors of 
Office of Electric Power Regulation, Office of the Chief Accountant, 
and Office of Pipeline and Producer Regulation, Order No. 147, 46 FR 
29700 (June 3, 1981), FERC Stats. & Regs. Preambles 1977-1981 ] 
30,259 (1981); Delegation of Authority, Order No. 224, 47 FR 17806 
(April 26, 1982), FERC Stats. & Regs. Preambles 1982-1985 ] 30,356 
(1982); Regulations Delegating Authority, Order No. 492, 53 FR 16058 
(May 5, 1988), FERC Stats. & Regs. Preambles 1986-1990 ] 30,814 
(1988); Streamlining Commission Procedures for Review of Staff 
Action, Order No. 530, 55 FR 50677 (May 5, 1988), FERC Stats. & 
Regs. Preambles 1986-1990 ] 30,906 (1990), reh'g denied, Order No. 
530-A, 56 FR 4719 (Feb. 6, 1991), FERC Stats. & Regs.] Preambles 
1991-1996 ] 30,914 (1991); Delegation of Authority to the Secretary, 
the Director of the Office of Electric Power Regulation, and the 
General Counsel, Order No. 585, 60 FR 62326 (Dec. 6, 1995), FERC 
Stats. & Regs. Preambles January 1991-June 1996 ] 31,030 (1995); 
Delegation of Authority, Order No. 613, 64 FR 73403 (Dec. 30, 1991), 
FERC Stats. & Regs. Preambles July 1996-December 2000 ] 31,087 
(1999).
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    2. In order to better understand natural gas, oil and power markets 
and to swiftly remedy market rule violations and abuse of market power, 
the Commission created OMOI, which became a formal, functioning office 
within the Commission in August 2002. OMOI serves as an early warning 
system to alert the Commission when market problems develop, and allows 
the Commission to analyze and address any problems more quickly. OMOI 
has begun an aggressive program of outreach to a wide variety of 
entities including other federal, state and provincial regulatory 
agencies, state consumer advocates, industry participants, academic 
institutions and think tanks, financial institutions (such as rating 
agencies), and Market Monitoring Units at Regional Transmission 
Organizations and Independent System Operators.
    3. The formation of the new office implicates certain functions 
currently being performed under delegated authority by the Office of 
Market, Tariffs and Rates (OMTR) or by the Office of General Counsel 
(OGC). For example, currently the Director of OMTR has

[[Page 25815]]

delegated authority to sign non-financial audit reports of 
jurisdictional companies, a function which the Director of OMOI may 
also need so that OMOI employees are able to perform their market 
monitoring duties. Likewise, the General Counsel is currently 
authorized to terminate any informal non-public investigation, a 
function which the director of OMOI needs so that his enforcement staff 
may handle their workload efficiently. This rule duplicates those 
authorities by adding Section 314 to Part 375 of Title 18 of the Code 
of Federal Regulations, and, as noted, creates no new delegations. In 
addition, this rule corrects the structure of Sec.  375.303(a), 
corrects a reference to paragraph numbers in Sec.  375.307(f), changes 
the nomenclature of the Office of Finance and Accounting in Sec.  
375.312, and revises Sec.  376.204(b)(2) to include the Director of 
OMOI on the list of Commission staff delegations of authority during an 
emergency.
    4. Specifically, the existing delegations are being revised as 
follows:

Part 375

    Office of the Chief Accountant (existing Sec.  375.303). The 
paragraph structure of this section is corrected.
    Office of Markets, Tariffs and Rates (existing Sec.  375.307). 
Delegations in paragraphs (a), (c), (d), (g)(4), (h)(1), (i)(8) and 
(n)(3) are duplicated in paragraphs (i), (j), (k), (g), (e), (f) and 
(h) of new Sec.  375.314, respectively. A reference to paragraph 
numbers ``(b)(1) or (b)(2)'' is corrected to read ``(f)(1) or (f)(2).''
    Office of the General Counsel (existing Sec.  375.309). Delegations 
in paragraphs (a), (b), (c) and (d) are duplicated in paragraphs (b), 
(c), (d), and (b) of new Sec.  375.314, respectively.
    Office of the Finance, Accounting and Operations (existing Sec.  
375.312). The nomenclature for this office is changed to the Office of 
the Executive Director.

Part 376

    Part 376 governs the Commission's organization and its operations 
during emergency conditions. This rule making amends the list of 
officials authorized to conduct operations during emergency conditions 
to include the position of Director, OMOI, and replaces references to 
the former position of Director, OFAO, with the Executive Director in 
Sec.  376.204(b)(2).
    5. The Commission is issuing this order as a final rule without a 
period for public comment or delay in the effective date. 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 internal agency procedure and will not affect regulated 
entities or the general public. Therefore, the Commission finds notice 
and comment procedures to be unnecessary.

Information Collection Statement

    6. Office of Management and Budget (OMB) regulations require OMB to 
approve certain information collection requirements imposed by agency 
rule. 5 CFR 1320.12. This rule making contains no information 
collections and OMB review is therefore not required.

Environmental Analysis

    7. 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.\2\ The 
Commission has categorically excluded certain actions from this 
requirement as not having a significant effect on the human 
environment. Among these are rules that are clarifying, corrective, or 
procedural, or that do not substantively change the effect of the 
regulations being amended. 18 CFR 380.4(a)(2)(ii). This rule is 
procedural in nature and therefore falls under this exception; 
consequently, no environmental consideration is necessary.
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    \2\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 
Preambles 1986-1990 ] 30,783 (1987).
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Regulatory Flexibility Act Certification

    8. The Regulatory Flexibility Act of 1980 (RFA) generally requires 
a description and analysis of final rules that will have significant 
economic impact on a substantial number of small entities. 5 U.S.C. 
601-612. The Commission is not required to make such analysis if a rule 
would not have such an effect. Because this rule concerns only matters 
of internal agency procedure, the Commission certifies that it will 
have no impact upon any entity other than the Commission.

Document Availability

    9. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view 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.
    10. 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, 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.
    11. User assistance is available for FERRIS and the FERC's Web site 
during normal business hours from FERC Online Support at 
[email protected] or toll-free at (866) 208-3676, or for TTY, 
contact (202) 502-8659.

Effective Date and Congressional Notification

    12. These regulations are effective on issuance. The Commission has 
determined that a delayed effective date for this final rule is 
unnecessary pursuant to 5 U.S.C. 553(d). Because the rule concerns only 
matters of internal agency procedure, the immediate implementation of 
the rule imposes no consequences to regulated entities or the general 
public, and any further delay could compromise the effective operation 
of the new office. Therefore, the Commission finds good cause for 
waiving the 30-day delay before the effective date of this final rule.
    13. The Small Business Regulatory Enforcement Fairness Act of 1996 
requires agencies to report to Congress on the promulgation of certain 
final rules prior to their effective dates. 5 U.S.C. 801. Rules of 
agency procedure and practice are excluded from this notification 
requirement. 5 U.S.C. 804(3)(C). Therefore, this final rule will not be 
submitted to Congress.

List of Subjects

18 CFR Part 375

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

18 CFR Part 376

    Civil defense, Organization and functions (Government agencies).

By the Commission.
Magalie R. Salas,
Secretary.
    In consideration of the foregoing, the Commission amends Parts 375 
and 376, Chapter I, Title 18, Code of Federal Regulations, as follows:

[[Page 25816]]

PART 375--THE COMMISSION

0
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.


0
2. In Sec.  375.303, introductory text is added and paragraph (a) is 
revised to read as follows:


Sec.  375.303  Delegations to the Chief Accountant.

    The Commission authorizes the Chief Accountant or the Chief 
Accountant's designee to:
    (a) Issue interpretations of the Uniform System of Accounts for 
public utilities, licensees, natural gas companies and oil pipeline 
companies.
* * * * *

0
3. In Sec.  375.307, paragraph (f)(3) is revised to read as follows:


Sec.  375.307  Delegations to the Director of the Office of Markets, 
Tariffs and Rates.

* * * * *
    (f) * * *
    (3) Advise the filing party of any actions taken under paragraph 
(f)(1) or (f)(2) of this section and designate rate schedules, rate 
schedule changes, and notices of changes in rates, and the effective 
date hereof.
* * * * *

0
4. In Sec.  375.312, the title and the introductory text are revised to 
read as follows:


Sec.  375.312  Delegations to the Office of the Executive Director.

    The Commission authorizes the Executive Director or the Executive 
Director's designee to:
* * * * *

0
5. Section 375.314 is added to read as follows:


Sec.  375.314  Delegations to the Director of the Office of Market 
Oversight and Investigation.

    The Commission authorizes the Director or the Director's designee 
to:
    (a) Request information for purposes of a preliminary investigation 
under
    Part 1b of this chapter, or for purposes of conducting market 
surveillance from an entity whose activities may affect energy markets, 
and from state or federal agencies that monitor or regulate such 
entities, whether or not subject to the Commission's jurisdiction.
    (b) Designate, and terminate the authority of, officers empowered 
to administer oaths and affirmations, subpoena witnesses, compel their 
attendance and testimony, take evidence, compel the filing of special 
reports and responses to interrogatories, gather information, and 
require the production of any books, papers, correspondence, memoranda, 
contracts, agreements, or other records, in the course of formal 
investigations conducted by the Office of Market Oversight and 
Investigation, to the extent the Commission's order of investigation 
expressly provides for the exercise of such investigative powers.
    (c) Grant or deny requests of persons pursuant to Sec.  1b.12 of 
this chapter to procure copies of the transcripts of their testimony 
taken during non-public investigations conducted by the Office of 
Market Oversight and Investigation.
    (d) Terminate any informal non-public investigation conducted by 
the Office of Market Oversight and Investigation.
    (e) Issue reports for public information purposes. Any report 
issued without Commission approval must
    (1) Be of a non-controversial nature, and
    (2) Contain the statement, ``This report does not necessarily 
reflect the view of the Commission,'' in bold-face type on the cover.
    (f) Deny or grant, in whole or in part, requests for waiver of the 
requirements for particular forms, including Electric Quarterly Reports 
required under Sec.  35.10b of this chapter.
    (g) Take appropriate action on applications for extensions of time 
to file required reports, data and information, and to perform other 
acts required at or within a specific time by any rule, regulation, 
license, permit, certificate, or by order of the Commission.
    (h) Undertake the following action with respect to data and reports 
submitted pursuant to Commission opinions or orders:
    (1) Accept for filing data and reports that are in compliance and, 
when appropriate, notify the filing party of such acceptance;
    (2) Reject for filing any data and reports which are not in 
compliance or not required and, when appropriate, notify the filing 
party of such rejection, or
    (3) Issue deficiency letters regarding such data or reports.
    (i) Sign all correspondence on behalf of the Commission with state 
regulatory commissions and agencies in connection with non-financial 
auditing matters.
    (j) Sign non-financial audit reports of jurisdictional companies,
    (1) If the company agrees with the audit report, or
    (2) If the company does not agree with the audit report, provided 
that any notification of the opportunity for a hearing required under 
section 301(a) of the Federal Power Act or section 8(a) of the Natural 
Gas Act accompanies the audit report.
    (k) Act upon requests by state and federal agencies to review staff 
audit working papers in connection with non-financial audits if the 
company agrees to the release of the audit working papers, and provided 
that:
    (1) The papers are examined at the Commission; and
    (2) The requester
    (i) Only makes general notes concerning the contents of the audit 
working papers,
    (ii) Does not make copies of the audit working papers, and
    (iii) Does not remove the audit working papers from the area 
designated by the Director.

PART 376--ORGANIZATION, MISSION, AND FUNCTIONS: OPERATIONS DURING 
EMERGENCY CONDITIONS

0
6. The authority citation for part 376 continues to read as follows:

    Authority: 5 U.S.C. 553; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR 
1978 Comp., p. 142.


0
7. In Sec.  376.204, paragraphs (b)(2)(i), and (b)(2)(v) and (b)(2)(x) 
are revised to read as follows:


Sec.  376.204  Delegation of Commission's authority during emergency 
conditions.

* * * * *
    (b) * * *
    (2) * * *
    (i) the Executive Director;
* * * * *
    (v) Director of the Office of Market Oversight and Investigations;
* * * * *
    (x) Assistant Directors and Division heads, Office of Markets, 
Tariffs and Rates; Assistant Directors and Division heads, Office of 
Energy Projects; Assistant General Counsels; and Assistant Directors 
and Division heads, Office of Market Oversight and Investigations; in 
order of seniority.
* * * * *

[FR Doc. 03-11952 Filed 5-13-03; 8:45 am]
BILLING CODE 6717-01-P