[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Rules and Regulations]
[Pages 34651-34652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11553]



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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 375

[Docket No. RM05-20-000; Order No. 660]


Delegation of Authority to the Director of the Office of Markets, 
Tariff and Rates, and to the Director of External Affairs

Issued May 31, 2005.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission is amending its regulations to delegate to the 
Director of the Office of Markets, Tariffs and Rates the ability to 
refer to an Administrative Law Judge uncontested interim rate motions 
for natural gas rate decreases, pending Commission action on settlement 
agreements. Currently, the Director only has this authority in electric 
cases. This change is needed to facilitate more efficient processing of 
natural gas settlements, which will permit customers to receive the 
benefits of lower rates at an earlier time. The Commission also is 
revising its regulations to allow the Director of the Office of 
External Affairs to subdelegate responsibilities under the Freedom of 
Information Act. This will allow for more efficient processing of 
requests under that Act.

DATES: The rule will become effective June 15, 2005.

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

SUPPLEMENTARY INFORMATION:

Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell, 
Joseph T. Kelliher, and Suedeen G. Kelly.

Delegation of Authority to Director of External Affairs; Final Rule

    1. This Final Rule amends 18 CFR 375.307(f) to add a new 
subparagraph (4). The new provision parallels 18 CFR 375.307(k)(4), 
which delegates to the Director of the Office of Markets, Tariffs and 
Rates the authority to assign to an Administrative Law Judge (ALJ), 
with the ALJ's assent, an uncontested interim electric rate motion 
calling for lower rates, pending the Commission's consideration of a 
settlement. This authority is needed in natural gas proceedings as 
well, in situations where the Commission receives an uncontested motion 
calling for an interim rate decrease in a proceeding that is already 
pending before an ALJ. This revision will allow for more efficient 
processing of settlements, which in turn will permit customers to 
receive the benefits of lower rates at an earlier time.
    2. One further change is being made, to specify, in both the 
natural gas (new Sec.  375.307(f)(4)) and electric (existing Sec.  
375.307(k)(4)) provisions, that the motion will be referred to the 
Chief ALJ. In some cases, a settlement may already have been certified 
by the time the interim motion is received. In such cases it will be 
necessary for the Chief ALJ to assign the matter to an ALJ.
    3. This rule also permits the Director of the Office of External 
Affairs (Director), to subdelegate authority to carry out 
responsibilities under the Freedom of Information Act (FOIA). Under the 
Commission's regulations, the Director has the primary responsibility 
for handling FOIA requests, including the responsibility to release 
information under FOIA, rule upon the applicability of FOIA exemptions, 
and grant or deny requests for fee waivers. See 18 CFR 388.108, 388.110 
(2004). The current regulations, however, do not expressly permit the 
Director to subdelegate that responsibility to other officials with the 
Office of External Affairs. Id.; 18 CFR 375.311 (2004). In most cases, 
the Commission allows officials to subdelegate authority delegated to 
them by the Commission. See generally 18 CFR part 375. This facilitates 
the efficient division of responsibilities within an office. 
Subdelegations must be made to a deputy, head of division, or 
comparable official. 18 CFR 375.301(b) (2004). To ensure efficiency in 
the handling of FOIA matters, the Commission is revising the Director's 
delegations, in Section 375.311, to permit subdelegation to a designee.

Information Collections Statement

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

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.\1\ 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.\2\ 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 internal administrative actions. 18 CFR 380.4(1) and (5). This 
rulemaking is exempt under that provision.
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    \1\ 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).
    \2\ 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).
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Regulatory Flexibility Act Certification

    7. The Regulatory Flexibility Act of 1980 (RFA) \3\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
The Regulatory Flexibility Act of 1980 (RFA) \4\ generally requires a 
description and analysis of final rules that will have significant 
economic impact on a substantial number of small entities. This final 
rule concerns a matter of internal agency procedure and the Commission 
therefore certifies that it will not have such an impact. An analysis 
under the RFA is not required.
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    \3\ 5 U.S.C. 601-612.
    \4\ 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 Microsoft Word 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 Web site 
during

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normal business hours from our Help line at (202) 502-8222 or the 
Public Reference Room at (202) 502-8371 Press 0, TTY (202) 502-8659. E-
Mail the Public Reference Room at [email protected].

Effective Date

    11. These regulations are effective immediately upon publication in 
the Federal Register. In accordance with 5 U.S.C. 553(d)(3), the 
Commission finds that good cause exists to make this Final Rule 
effective immediately. It concerns only a matter of internal operations 
and will not affect the rights of persons appearing before the 
Commission. There is therefore no reason to make it effective at a 
later time.
    12. The provisions of 5 U.S.C. 801 regarding Congressional review 
of Final Rules do 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.
    13. The Commission is issuing this 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 will not significantly affect regulated entities or the 
general public.

List of Subjects in 18 CFR Part 375

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

    By the Commission.
Linda Mitry,
Deputy Secretary.

0
In consideration of the foregoing, the Commission amends part 375, 
chapter I, title 18, Code of Federal Regulations, as follows.

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. Section 375.307 is amended by revising paragraphs (f)(3) and (k)(4) 
and by adding paragraph (f)(4) 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; and
    (4) Refer to the Chief Administrative Law Judge (Chief ALJ), with 
the Chief ALJ's concurrence, uncontested interim natural gas rate 
motions that would result in lower rates, pending Commission action on 
settlement agreements.
* * * * *
    (k) * * *
    (4) Refer to the Chief Administrative Law Judge (Chief ALJ), with 
the Chief ALJ's concurrence, uncontested interim electric rate motions 
that would result in lower rates, pending Commission action on 
settlement agreements.
* * * * *

0
3. Section 375.311 is revised to read as follows:


Sec.  375.311  Delegations to the Director, Office of External Affairs.

    The Commission authorizes the Director, Office of External Affairs, 
or the Director's designee, to take all actions required or permitted 
to be taken by the Director under Secs. 388.108 through 388.110 of this 
chapter.

[FR Doc. 05-11553 Filed 6-14-05; 8:45 am]
BILLING CODE 6717-01-P