[Federal Register Volume 69, Number 127 (Friday, July 2, 2004)]
[Proposed Rules]
[Pages 40332-40338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14893]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 5, 16, 156, 157, 385

[Docket No. RM04-9-000]


Electronic Notification of Commission Issuances

June 23, 2004.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
proposing to amend its regulations governing notice of Commission 
issuances. This change would affect both service list and mailing list 
recipients. The revisions are needed to allow the Commission, in most 
instances, to send notice of issuances via e-mail. The proposed 
revisions are intended to increase the speed with which recipients 
receive issuances and reduce Commission costs, and will also provide 
more accurate and up-to-date service lists for parties to Commission 
proceedings to employ. The Commission also is proposing a revision to 
its regulations governing service by participants to Commission 
proceedings upon other participants to encourage greater use of service 
by electronic means. Finally, the Commission is proposing to clarify 
its regulations to ensure that documents with certification or 
verification requirements may be filed electronically.

DATES: Comments are due August 2, 2004.

ADDRESSES: Comments may be filed electronically via the eFiling link on 
the Commission's Web site at http://www.ferc.gov. Commenters unable to 
file comments electronically must send an original and 14 copies of 
their comments to: Federal Energy Regulatory Commission, Office of the 
Secretary, 888 First Street, NE., Washington, DC 20426. Refer to the 
Comment Procedures section of the preamble for additional information 
on how to file comments.

FOR FURTHER INFORMATION CONTACT: Wilbur Miller, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426; 
(202) 502-8953.

SUPPLEMENTARY INFORMATION:

Notice of Proposed Rulemaking

    1. As part of its effort to reduce the use of paper in compliance 
with the Government Paperwork Elimination Act,\1\ the Federal Energy 
Regulatory Commission (Commission) is proposing revisions to its 
regulations that will provide, in most instances, for notice of 
Commission issuances to be provided by e-mail rather than postal mail. 
These revisions cover both service lists, which are comprised of 
parties to Commission proceedings, and mailing lists, which are 
informal groups of persons and entities that have interests that could 
be affected by events in certain types of Commission proceedings. The 
Commission also is proposing to make service by electronic means the 
preferred method of service by participants in Commission proceedings 
upon other participants, and to clarify its regulations to ensure that 
documents with signature certification or verification requirements may 
be filed electronically.
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    \1\ 44 U.S.C. 3504.
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    2. The Commission since 2000 has issued a series of rulemakings to 
convert the amount of paper involved in its proceedings, as far as 
possible, to

[[Page 40333]]

electronic formats. These rulemakings have been intended both to reduce 
the cost, to the public and the Commission, of extensive use of paper 
documents, and to make information regarding Commission proceedings and 
other activities more accessible and usable by maintaining that 
information in electronic form. The Commission to date has instituted 
electronic filing via the Internet for most documents submitted in 
proceedings under 18 CFR part 385,\2\ as well as many of its forms.\3\ 
Service of documents by participants in a proceeding upon other 
participants also may be made by electronic means, rather than through 
postal mail or other physical delivery, upon agreement of the 
participants.\4\ In addition, in August 2002, the Commission initiated 
a system of electronic registration to act as a gateway to its online 
services. The eRegistration system allows users to input identifying 
information as a precursor to using services such as electronic filing, 
electronic subscription, or electronic service. The eRegistration 
system has been available on the Commission's Web site, http://www.ferc.gov, and is required for persons wishing to file documents 
electronically.
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    \2\ Order No. 619, Electronic Filing of Documents, FERC Statutes 
and Regulations, Regulations Preambles July 1996-December 2000 ] 
31,107 (2000).
    \3\ See http://www.ferc.gov/docs-filing/eforms-elec.asp.
    \4\ 18 CFR 385.2010(f)(3) (2003).
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Service Lists

    3. The Commission is proposing to initiate an eService program 
during 2005 that will require each person on a service list to provide 
an eRegistered e-mail address so that the Commission's Secretary, 
pursuant to Rule 2010(b),\5\ will be able to serve issuances upon 
parties by electronic means, and so that parties may electronically 
serve one another. Such service would employ contact e-mail addresses 
as they are listed on official service lists maintained by the 
Commission and accessible on the Commission's Web site at the FERC 
Online page. The Commission is proposing to make electronic service--
generally e-mail--the default form of service by parties upon one 
another, as explained below.
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    \5\ 18 CFR 385.2010(b) (2003).
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    4. To implement eService, the Commission proposes revising Rule 
2010 to require persons eligible to receive service under that rule to 
eRegister pursuant to 18 CFR 390.1 (2003). The requirement of 
eRegistration would apply only to participants who become eligible for 
inclusion on a service list after the effective date of the final rule. 
Participants already on existing service lists would not be required to 
take any additional steps. The Commission anticipates, however, that it 
will inform these contacts that they may eRegister and, as they do so, 
will eventually provide a means of replacing their contact information 
on existing service lists with their newer eRegistration contact 
information. A person may eRegister through the FERC Online page at 
http://www.ferc.gov/docs-filing/ferconline.asp. If a person who has not 
eRegistered attempts to file a document with the Commission 
electronically, the system will prompt the user first to eRegister.
    5. When a person submits an initial filing on behalf of one or more 
participants, that person will by default become the representative 
contact listed on the official service list for the party or parties on 
whose behalf he is filing. The contact person may, as part of the same 
filing or via a subsequent filing, identify, with names and e-mail 
addresses, additional contacts for one or more of the parties the 
person represents. These additional contacts, if they have eRegistered 
with the e-mail address that the filer provided for them, will also 
appear on the service list associated with their party or parties. If a 
person listed as a contact on a filing is not yet eRegistered, then the 
eService system will generate an e-mail to that contact informing him 
that in order to get on the official service list for the relevant 
proceeding, he will need to first eRegister. This e-mail invitation to 
eRegister to get on the service list will include a link to FERC 
Online. Once the person eRegisters, the system will automatically place 
that person as a contact on the service list for that proceeding. The 
eRegistration system will also require a postal address, which may be 
necessary in instances where e-mail is not a practical medium.
    6. The official service list will initially include the names of 
all persons designated to receive service in the initial pleading, 
excluding protests, or in a tariff or rate filing, as well as the 
representatives of Commission trial staff.\6\ When an intervention is 
filed, the contacts for the intervenor will be added to the service 
list.\7\ If the intervention is filed electronically, the intervenor 
will be added to the service list automatically. If it is filed in 
paper form, Commission staff will add the intervenor manually. If the 
intervention is eventually denied, the intervenor will be removed from 
the service list at that time.
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    \6\ See 18 CFR 385.2010(c)(1) (2003).
    \7\ See 18 CFR 385.2010(f) (2003).
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    7. Service lists will continue to be available via the ``Service 
List'' menu option on the FERC Online home page. The URL address to 
which the service list menu option links, as well as links to 
individual service lists, however, are subject to change. Therefore, 
persons accessing these service lists may need to change their 
bookmarks at times. Service lists found via the service list page will 
continue to be the official lists for all proceedings; therefore, 
persons required to serve documents in Commission proceedings will 
still be required to use the list available through the FERC Online 
page. In addition to including contacts' e-mail addresses, the new Web-
based service list page on FERC Online will provide enhanced 
capabilities to search for service lists. As currently planned, 
eService will allow users to search for service lists by docket number, 
contact information, and/or organization name. Service lists will be 
available for viewing, downloading, and printing.\8\ All contacts' e-
mail addresses will be visible on service lists, but will be accessible 
only to eRegistrants who log on to FERC Online. Restricted service 
lists, as well as the regular service lists, will eventually be 
accessible via the FERC Online service list page, although this 
function may not be available immediately.
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    \8\ Current download formats for service lists will be retained, 
including delimited with comma, delimited with space, delimited with 
tab, delimited with tilde, Excel, and database file (dbf).
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    8. As noted above, with the eService initiative the Commission 
intends that the Secretary will serve Commission issuances 
electronically using contacts' eRegistered e-mail addresses maintained 
on the official service lists. Contacts will receive links to 
Commission issuances and notices contained in eLibrary, in the same 
manner in which the eSubscription system currently functions. The 
Commission intends to implement the eService system and begin 
electronic service of issuances by the Secretary in February, 2005, and 
will make a public announcement at the time it begins serving issuances 
electronically. The Commission anticipates that this change in 
procedures will provide faster and more reliable notice of Commission 
issuances, while producing some savings in mailing costs.
    9. The Commission believes that the eRegistration system will 
provide reliability that is equivalent to postal mail-based service. 
Once a contact is registered, the system uses the contact's

[[Page 40334]]

registered e-mail address for service and notification pertaining to 
Commission proceedings. It will be incumbent on participants in 
Commission proceedings to ensure that their contact information is kept 
up-to-date, just as it has always been incumbent on participants to 
ensure that the Commission and other relevant persons have their 
current postal mailing addresses.
    10. To effectuate eService, the Commission is proposing to revise 
Rule 2010 to provide that, to be included on a service list, a person 
must be eRegistered. This requirement would apply only to persons who 
become eligible for inclusion on service lists after the effective date 
of the final rule. Rule 2010 also would be revised to provide that 
service by the Secretary will be by electronic means, unless such means 
are impractical, in which case service will be by postal mail.
    11. As part of the proposed revisions, the Commission would provide 
that persons who are unable to register or to receive service 
electronically may apply for a waiver and register by a paper form. The 
procedures for paper registration are already provided in 18 CFR 390.3. 
In such cases, the Commission would manually enter the person's 
registration information in eService, and that person would continue to 
receive postal mail service, both from other participants and from the 
Commission. In addition, the Secretary has authority under Sec.  390.4 
to find filers to be exempt from eRegistration requirements where 
eRegistration offers no value to the participant.

Service by Participants

    12. As noted above, service by participants in Commission 
proceedings upon other participants currently is by postal mail or 
other physical delivery, unless the participants agree otherwise. The 
Commission in this notice is proposing to revise its service rules \9\ 
to change the ``default'' form of participant service to service by 
electronic means. The Commission believes this change will encourage 
the use of e-mail rather than paper, without producing any hardship. 
The proposed provision requires that participants serve one another by 
electronic means unless they agree to do otherwise or unless one or 
more participants cannot receive electronic service. In the latter case 
service will be by postal mail or other physical delivery. This 
revision would be effective only for proceedings initiated after the 
effective date of the final rule, because existing mailing lists will 
not have the e-mail addresses of persons listed on those lists before 
that date.
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    \9\ 18 CFR 385.2010(f) (Rule 2010(f)).
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    13. One alternative approach would be to enable participants to 
serve documents by providing the link to the document in eLibrary. This 
would eliminate the necessity of attaching documents to e-mails. Such a 
change would require a revision to the Commission's rules to allow 
service on other participants to be made after the link became 
available. The Commission invites comments on this possible approach.

Mailing Lists

    14. As a part of its responsibility to keep the public informed of 
regulatory activities that may be of interest to them, the Commission 
creates mailing lists in connection with various proceedings related to 
hydroelectric projects and natural gas facilities. These mailing lists 
include State and Federal agencies, members of Congress and other 
elected officials, Indian tribes, landowners, and other individuals and 
organizations that might have an interest in the relevant proceeding. 
Persons on a mailing list are given the opportunity, at their option, 
to continue to receive copies of certain documents issued by the 
Commission in the proceeding.
    15. In the natural gas area, the process of sending out notices to 
mailing lists may be triggered by the environmental review process, or 
by certain other events. Once the process begins, the Commission 
establishes a mailing list from existing lists and other information 
maintained by Commission Staff, and information provided by the 
applicant. The Commission issues a notice, the content of which depends 
on the nature of the proceeding, and mails it to the persons and 
organizations on the mailing list. The notice explains that, if the 
recipient wishes to continue to receive Commission-issued environmental 
documents related to the proceeding, he must return a request in a 
mailer, which is provided. Recipients who do not return the mailer may 
be dropped from the mailing list.\10\ Mailing lists in natural gas 
proceedings may number in the thousands of recipients, the large 
majority of whom are landowners.
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    \10\ Mailing lists are distinct from service lists, which are 
comprised of persons and entities who have become parties to a 
proceeding. See 18 CFR 385.2010. A member of a mailing list may or 
may not intervene and become a party, and thus may or may not be on 
the service list.
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    16. Mailing lists in hydropower proceedings operate somewhat 
differently. The Commission typically sends out many notices of 
different events or stages of the process. Although some occur during 
the term of the license, most are related to license/relicense 
application processing and can occur both before and after the 
application is filed. Most of the recipients are official or 
institutional in nature, mainly Federal, State and local agencies, 
elected officials and Indian tribes, although non-governmental 
organizations and local citizens often participate. The number of 
recipients typically is much lower than in gas pipeline proceedings. 
Recipients generally are not expected to respond in order to continue 
receiving documents.
    17. The Commission is proposing in both the gas and hydropower 
areas to provide notice, where possible, in electronic form through e-
mail. It therefore requests comment on a system in which it would send 
notice, through postal mail as is currently done, at the beginning of a 
proceeding. The notice would provide a URL that would take the 
recipient to a Web page specific to the relevant mailing list, which 
would not be directly linkable from the Commission's Web site.\11\ This 
page in turn would direct the recipient to the Commission's 
eRegistration system. There, the recipient would go through the brief 
registration process and would sign up to receive e-mail notification 
of certain documents issued by the Commission in the relevant 
proceeding. The recipient also would be asked for a mailing address, in 
the event that it is necessary to send some documents by postal mail. 
The Commission does not intend to make these e-mails or mailing 
addresses public; they would be available for use by the Commissions to 
provide notification regarding FERC documents to mailing list 
recipients. E-mails subsequently would contain links to the relevant 
documents. The initial notice would explain that, if the recipient was 
unable to receive e-mail notifications, the attached form could be 
mailed to the Commission explaining this fact. In those instances, the 
documents would be sent by postal mail, as is currently the case. In 
cases where the mailing list must be expanded during a proceeding, such 
as where the location of a project changes, ``new'' mailing list 
members will be notified by postal mail in the same manner as the 
``original'' ones.\12\ The

[[Page 40335]]

new mailing list procedures would apply only to proceedings commenced 
after the procedures were adopted.
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    \11\ The Commission needs to keep track specifically of mailing 
list recipients, which it could not do if the ``signup'' page was 
available to the general public.
    \12\ For those mailing list members that are institutional or 
official in nature, the Commission may be able to notify them 
initially via e-mail rather than postal mail.
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    18. The purpose of the automated mailing list feature will be 
different from that of the Commission's eSubscription service. The 
latter is available to anybody who wishes to receive notification of 
all documents in a specific proceeding. Thus, an eSubscriber gets 
documents both received and issued by the Commission. The Commission's 
interest in eSubscription is to ensure that the service is 
operationally efficient and that it provides value to the subscriber. 
On the other hand, the Commission needs to keep track of the persons on 
the mailing list in a hydropower or natural gas facility proceeding, to 
maintain a record of whether persons who may be impacted by the 
proceeding are receiving notice of relevant developments.
    19. As noted above, the Commission may need to send some documents 
to mailing list recipients by postal mail. For example, most 
environmental impact statements and environmental assessments include 
site-specific location maps and engineering drawings that can not 
appropriately be made available on the Internet. 18 CFR 388.113. The 
Commission's Internet site does, however, provide information on how to 
obtain copies of the material. Additionally, in such cases the 
Commission generally sends copies of the environmental documents to all 
mailing list members via postal mail. It may eventually be possible for 
the Commission to provide mailing list members with some form of 
electronic access to such documents.
    20. Certain sections of the Commission's regulations contain 
requirements that the Commission provide notice of specified events to 
specified recipients. These recipients, along with others added by the 
Commission, make up the mailing list for the relevant notice provision. 
The Commission is proposing to revise these sections to provide that 
notice will be by electronic means if practical, and otherwise by 
postal mail. The affected provisions are as follows:
     Sec.  5.4(b)(1)(iii)--Request for acceleration of license 
expiration date.
     Sec.  5.8(e)(3)--Commencement of proceeding and scoping 
document, or approval to use traditional licensing process or 
alternative procedures.
     Sec.  5.19(c)(2)--Tendering notice and schedule.
     Sec.  16.6(d)(1)(iii)--Notification under section 15 of 
the Federal Power Act.
     Sec.  16.9(d)(1)(iii), (d)(2)(ii)--License applications 
under sections 14 and 15 of the Federal Power Act.
     Sec.  156.8--Applications for orders under section 7(a) of 
the Natural Gas Act.
     Sec.  157.9--Applications for certificates of public 
convenience and necessity and for orders approving abandonment under 
section 7 of the Natural Gas Act.
    21. The conversion of as much as possible of the Commission's 
mailing lists will serve two primary purposes. First, interested 
persons will receive notice more promptly than they would through 
postal mail. Second, the Commission will be able to reduce its costs 
significantly; mailing lists often number in the thousands. The 
Commission remains committed, however, to providing reasonable notice 
to persons who may be affected by its proceedings. Any technological 
advancements will have to be compatible with this goal.
    22. Consequently, the Commission requests comment on the changes to 
its practices described above. In particular, the Commission would like 
to receive comments addressing the question whether the proposed 
revisions would provide adequate notification to affected persons and 
whether other methods might better achieve the Commission's stated 
purposes. The Commission also would welcome any comments identifying 
notice provisions not covered in this proposal that should be revised.

Electronic Signature and Verification

    23. The Commission's regulations currently provide that, in 
documents filed via the internet pursuant to Rule 2003(c),\13\ the 
typed characters representing a person's name suffice as that person's 
signature. The Commission is proposing to expand that provision to 
cover signatures in all documents submitted in electronic form pursuant 
to the Commission's regulations. In addition, the Commission proposes 
to revise Rule 2003(c) to clarify its regulations to state specifically 
that any requirement for certification, notarization, verification, or 
any similar means by which a witness represents that his testimony is 
true, may be satisfied through the provisions of 28 U.S.C. 1746. That 
statute provides that a requirement in any rule or regulation for a 
sworn declaration, verification, certification, statement, oath or 
affidavit may be satisfied by a declaration under penalty of perjury 
that the matter attested to is true and correct. Although the statute 
applies of its own force to documents submitted under the Commission's 
regulations, the Commission wishes to ensure that persons submitting 
documents to it will not see a need to provide notarization or other 
means of verification that may be incompatible with electronic means of 
submission.
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    \13\ 18 CFR 385.2003(c) (2003).
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    24. In connection with the above changes, the Commission also is 
proposing to require that a person or entity submitting a document that 
requires any form of verification to maintain a document with a 
physical signature on file until such time as the relevant proceeding 
is concluded. This measure should ensure that the purposes of requiring 
a statement under oath, such as ensuring that the person stating or 
swearing to the information understands the significance of his or her 
undertaking, continue to be met. Generally, the physically signed 
document should be retained at least until the time for all potential 
requests for rehearing and petitions for judicial review has expired, 
and all requested rehearing or review has been concluded. The person or 
entity retaining the signed copy should err on the side of caution, as 
premature disposal of such a document could result in negative 
inference with respect to its veracity.

Information Collection Statement

    25. Office of Management and Budget (OMB) regulations require OMB 
to approve certain information collection requirements imposed by 
agency rule.\14\ This proposed rulemaking would not contain any 
information collection requirements and compliance with the OMB 
regulations is thus not required.
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    \14\ 5 CFR 1320.12.
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Environmental Analysis

    26. 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.\15\ The 
Commission has categorically excluded certain actions from this 
requirement as not having a significant effect on the human 
environment. Included in the exclusion are rules that are clarifying, 
corrective, or procedural or that do not substantially change the 
effect of the regulations being amended.\16\ This proposed rule, if 
finalized, is procedural in nature and therefore falls under this 
exception; consequently, no

[[Page 40336]]

environmental consideration would be necessary.
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    \15\ 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).
    \16\ 18 CFR 380.4(a)(2)(ii).
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Regulatory Flexibility Act Certification

    27. The Regulatory Flexibility Act of 1980 \17\ generally requires 
a description and analysis of final rules that will have significant 
economic impact on a substantial number of small entities. The 
Commission is not required to make such analyses if a rule would not 
have such an effect. The Commission certifies that this proposed rule, 
if finalized, would not have such an impact on small entities.
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    \17\ 5 U.S.C. 601-612.
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Comment Procedures

    28. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due August 2, 2004. Comments must refer to 
Docket No. RM04-9-000, and must include the commenter's name, the 
organization they represent, if applicable, and their address in their 
comments.
    29. Comments may be filed electronically via the eFiling link on 
the Commission's Web site at http://www.ferc.gov. The Commission 
accepts most standard word processing formats and commenters may attach 
additional files with supporting information in certain other file 
formats. Commenters filing electronically do not need to make a paper 
filing. Commenters that are not able to file comments electronically 
must send an original and 14 copies of their comments to: Federal 
Energy Regulatory Commission, Office of the Secretary, 888 First 
Street, NE., Washington, DC 20426.
    30. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

Document Availability

    31. 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.
    32. From FERC's home page on the Internet, this information is 
available in the Commission's document management system, eLibrary. The 
full text of this document is available on eLibrary in PDF and 
Microsoft Word format for viewing, printing, and/or downloading. To 
access this document in eLibrary, type the docket number excluding the 
last three digits of this document in the docket number field.
    33. User assistance is available for eLibrary and the FERC's Web 
site during normal business hours. For assistance, please contact FERC 
Online Support at 1-866-208-3676 (toll free) or 202-502-6652 (e-mail at 
[email protected]), or the Public Reference Room at 202-502-
8371, TTY 202-502-8659 (e-mail at [email protected]).

List of Subjects

18 CFR Part 5

    Administrative practice and procedure, Electric power, Reporting 
and recordkeeping requirements.

18 CFR Part 16

    Administrative practice and procedure, Electric power, Reporting 
and recordkeeping requirements.

18 CFR Part 156

    Administrative practice and procedure, Natural Gas, Reporting and 
recordkeeping requirements.

18 CFR Part 157

    Administrative practice and procedure, Natural gas, Reporting and 
recordkeeping requirements.

18 CFR Part 385

    Administrative practice and procedure, Electric utilities, 
Penalties, Pipelines, Reporting and recordkeeping requirements.

    By direction of the Commission.
Magalie R. Salas,
Secretary.

    In consideration of the foregoing, the Commission proposes to amend 
parts 5, 16, 156, 157, and 385, Chapter I, title 18, Code of Federal 
Regulations, as follows:

PART 5--INTEGRATED LICENSE APPLICATION PROCESS

    1. The authority citation for part 5 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352.

    2. Amend Sec.  5.4 by revising paragraph (b)(1)(iii) to read as 
follows:


Sec.  5.4  Acceleration of a license expiration date.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Notifying appropriate Federal, State, and interstate resource 
agencies and Indian tribes, and non-governmental organizations likely 
to be interested, by electronic means if practical, otherwise by mail.
* * * * *
    3. Amend Sec.  5.8 by revising paragraph (e)(3) to read as follows:


Sec.  5.8  Notice of commencement of proceeding and scoping document, 
or of approval to use traditional licensing process or alternative 
procedures.

* * * * *
    (e) * * *
    (3) Notifying appropriate Federal, State, and interstate resource 
agencies, State water quality and coastal zone management plan 
consistency certification agencies, Indian tribes, and non-governmental 
organizations, by electronic means if practical, otherwise by mail.
    4. Amend Sec.  5.19 by revising paragraph (c)(2) to read as 
follows:


Sec.  5.19  Tendering Notice and Schedule.

* * * * *
    (c) * * *
    (2) Notifying appropriate Federal, State, and interstate resource 
agencies, State water quality and coastal zone management plan 
consistency certification agencies, Indian tribes, and non-governmental 
organizations, by electronic means if practical, otherwise by mail.
* * * * *

PART 16--PROCEDURES RELATING TO TAKEOVER AND RELICENSING OF 
LICENSED PROJECTS

    5. The authority citation for part 16 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.

    6. Amend Sec.  16.6 by revising paragraph (d)(1)(iii) to read as 
follows:


Sec.  16.6  Notification procedures under section 15 of the Federal 
Power Act.

* * * * *
    (d) * * *
    (1) * * *
    (iii) Notifying the appropriate Federal and State resource 
agencies, State water quality and coastal zone management consistency 
certifying agencies, and Indian tribes, by electronic means if 
practical, otherwise by mail.
* * * * *
    7. Amend Sec.  16.9 by revising paragraphs (d)(1)(iii) and 
(d)(2)(ii) to read as follows:

[[Page 40337]]

Sec.  16.9  Applications for new licenses and nonpower licenses for 
projects subject to sections 14 and 15 of the Federal Power Act.

* * * * *
    (d) * * *
    (1) * * *
    (iii) Notifying appropriate Federal, State, and interstate resource 
agencies, Indian tribes, and non-governmental organizations, by 
electronic means if practical, otherwise by mail.
    (2) * * *
    (ii) Provide the notice to appropriate Federal, State, and 
interstate resource agencies and Indian tribes, by electronic means if 
practical, otherwise by mail; and
* * * * *

PART 156--APPLICATIONS FOR ORDERS UNDER SECTION 7(a) OF THE NATURAL 
GAS ACT

    8. The authority citation for part 156 continues to read as 
follows:

    Authority: 52 Stat. 824, 829, 830; 56 Stat. 83, 84; 15 U.S.C. 
717f, 717f(a), 717n, 717o.

    9. Revise Sec.  156.8 to read as follows:


Sec.  156.8  Notice of application.

    Notice of each application filed, except when rejected in 
accordance with Sec.  156.6, will be published in the Federal Register 
and copies of such notice sent to the state affected thereby via 
electronic means if practical, otherwise by mail.

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND 
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER 
SECTION 7 OF THE NATURAL GAS ACT

    10. The authority citation for part 156 continues to read as 
follows:

    Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.

    11. Revise Sec.  157.9 to read as follows:


Sec.  157.9  Notice of application.

    Notice of each application filed, except when rejected in 
accordance with Sec.  157.8, will be issued within 10 days of filing, 
and subsequently will be published in the Federal Register and copies 
of such notice sent to States affected thereby, by electronic means if 
practical, otherwise by mail. Persons desiring to receive a copy of the 
notice of every application shall so advise the Secretary.

PART 385--RULES OF PRACTICE AND PROCEDURE

    12. The authority citation for Part 385 continues to read as 
follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16 
U.S.C. 791a-825r, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 
42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988).

    13. Amend Sec.  385.2005 by adding paragraph (b)(3) and revising 
paragraph (c) to read as follows:


Sec.  385.2005  Subscription and verification (Rule 2005).

* * * * *
    (b) * * *
    (3) Any requirement that a filing include or be supported by a 
sworn declaration, verification, certificate, statement, oath, or 
affidavit may be satisfied by compliance with the provisions of 28 
U.S.C. 1746, provided that the filer, or an authorized representative 
of the filer, maintains a copy of the document bearing an original, 
physical signature until after such time as all administrative and 
judicial proceedings in the relevant matter are closed and all 
deadlines for further administrative or judicial review have passed.
    (c) Electronic signature. In the case of any document filed in 
electronic form under the provisions of this Chapter, the typed 
characters representing the name of a person shall be sufficient to 
show that such person has signed the document for purposes of this 
section.
    14. Amend Sec.  385.2010 by redesignating paragraphs (g) through 
(i) as (h) through (j), adding new paragraph (g), and revising 
paragraphs (b), (c), (e)(1) and (f) as follows:


Sec.  385.2010  Service (Rule 2010).

* * * * *
    (b) By the Secretary. The Secretary will serve, as appropriate:
    (1) A copy of any complaint on any person against whom the 
complaint is directed;
    (2) A copy of any notice of tariff or rate examination or order to 
show cause, on any person to whom the notice or order is issued;
    (3) A copy of any rule or any order by a decisional authority in a 
proceeding on any person included on the official service list, or 
applicable restricted service list, for the proceeding or phase of the 
proceeding, provided that such person has complied with paragraph (g) 
of this section.
    (c) Official service list. (1) The official service list for any 
proceeding will contain:
    (i) The name, address and, for proceedings commenced after February 
1, 2005, e-mail address of any person designated for service in the 
initial pleading, other than a protest, or in the tariff or rate filing 
which is filed by any participant; and
    (ii) The name of counsel for the staff of the Commission.
    (2) Any designation of a person for service may be changed by 
following the instructions for the Commission's electronic registration 
system, located on its Web site at http://www.ferc.gov or, in the event 
that the proceeding was commenced prior to February 1, 2005, or the 
person designated for service is unable to use the electronic 
registration system, by filing a written notice with the Commission and 
serving the notice on each person whose name is included on the 
official service list.
* * * * *
    (e) Intervenors. (1) If a motion to intervene or any notice of 
intervention is filed, the name, address and, for proceedings commenced 
after February 1, 2005, e-mail address of any person designated for 
service in the motion or notice are placed on the official service list 
or any applicable restricted service list, provided that such person 
has complied with paragraph (g) of this section. Any person placed on 
the official service list under this paragraph is entitled to service 
in accordance with this section. If a motion to intervene is denied, 
the name, address and e-mail address of each person designated for 
service pursuant to that motion will be removed from the official 
service list.
* * * * *
    (f) Methods of service. Service of any document must be made:
    (1) In the case of service by participants, by electronic means, 
unless such means are impractical or the parties agree otherwise, in 
which case service shall be made by:
    (i) United States mail, first class or better; or
    (ii) Delivery in a manner that, and to a place where, the person on 
whom service is required may reasonably be expected to obtain actual 
and timely receipt.
    (2) In the case of service by the Secretary, by electronic means, 
unless such means are impractical, in which case service shall be made 
by United States mail.
    (g) Electronic registration. In the case of proceedings commenced 
after February 1, 2005, any person, to be included on a service list, 
must have complied with the procedures for electronic registration made 
available on the Commission's web site, at http://www.ferc.gov, unless 
such person has secured a waiver under the provisions

[[Page 40338]]

of Sec.  390.3 of this chapter, or is exempt under the provisions of 
Sec.  390.4 of this chapter.
* * * * *
[FR Doc. 04-14893 Filed 7-1-04; 8:45 am]
BILLING CODE 6717-01-P